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CHAPTER 1 INTRODUCTION 1

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CHAPTER 1

INTRODUCTION

1.1 Background

Kofi Annan 2006 stated that “Violence against children cuts across boundaries of geography, in a race, class, religion and culture. It occurs in homes, schools and streets; in places of work and entertainment, and in care and detention Centre’s. Perpetrators include parents, family members, teachers, caretakers, law enforcement authorities and other children. Some children are particularly vulnerable because of gender, race, ethnic origin, disability or social status. And no country is immune, whether rich or poor”. (Pinheiro, 2006, p. xi).

Violence violates children’s rights to be protected from maltreatment, neglect, abuse or degradation as enshrined in the constitution, the African Charter on the Rights and Welfare of the Child, and the United Nations Convention on the Rights of the Child. (Proudlock, Mathews & Jamieson, 2014)

The 2009 Tanzania Violence Against Children Study (VACS, 2009) is the first national survey of violation against children in the United Republic of Tanzania. The 2009 VACS is a national representative survey of 3,739 females and males, 13 to 24 years of age, which was based on a three-stage cluster household survey design. This survey was designed to yield separate estimates of experiences of sexual, physical, and emotional violence prior to turning age 18 for females and males in the United Republic of Tanzania, mainland Tanzania and Zanzibar. More extensive information on the context and prevalence of sexual violence was collected because Tanzania stakeholders identified sexual violence as a serious problem; hence sexual violence is the primary focus of this study. There is currently limited information on the prevalence of sexual violence, and the negative health outcomes associated with sexual violence (U.S. Centers for Disease Control and Prevention CDC, Muhimbili University of Health and Allied Sciences MUHAS, 2011).

1.2 Problem Statement

Early 1995 an anxious situation emerged in archipelago of Zanzibar due to sexual violation in the case of R v. Mzee Abdulla Suleiman, and unfortunately these violations were increasing day after day. From that extent happiness to the children of Zanzibar began to disappear and their life was under threat of sexual violence against them, they were living in fire oven of threat, they craved for their inherent rights from Universal Declaration and Convention on Child Rights for protection, but it was all a dream. In addition, the majority of accused of sexual harassment were free from any disciplinary actions, it was a threatened situation because of absence of enough application of International law to national level, even if laws and all legal enforcement are therein including Police force, Director of Public Prosecution Office, Courts, and other legal enforcement Authorities but a number of criminals who taken to court were less and number of criminals who committed sexual violence were increased. The National Study on Violence against Children 2009 observed that three quarters (72%) of girls and boys (28%) in Tanzania are violated of physical violence at the time of their childhood, and majority from Tanzania- Zanzibar were affected by sexual violence (U.S. Centers for Disease Control and Prevention CDC, Muhimbili University of Health and Allied Sciences MUHAS, 2011).

Zanzibar Legal Service Centre (ZLSC) in 2015 observed that in Northern Unguja 50.1% of rape cases had been reported 50% desertion cases, 60% of early pregnancy, and 89% of cases were of insults. Several steps on this issue have been done but still the problem is growing profoundly. It is against this background that this study has been designed to build system and mechanism to protect sexual violence against children in Zanzibar. (Zanzibar Legal Service Centre ZLSC, 2015).

1.3 Research Objectives

The purpose of this study was to analyzed the systems and mechanisms as well as their effectiveness in the prevention of child sexual violence as provided by International Law as well as United Nations Conventions at the National Level:

a) To examine the prevalence situation of sexual violence against children in Zanzibar-Tanzania

b) To identify the systems and mechanisms for combating sexual violence against children in Zanzibar.

c) To examine how such systems and mechanisms have been applied in national response in combating sexual violence cases against children in Zanzibar-Tanzania.

d) To evaluate the effectiveness of the use of both International and National systems and mechanisms in combating sexual violence cases in Zanzibar.

1.4 Research Questions

To achieve the objectives of this research the following questions should be attempted to answer:
1.4.1 What are the types of child violence experienced in Zanzibar?
1.4.2 What are the factors accounting for increase the sexual violence in Zanzibar?
1.4.3 What are the appropriate systems and mechanisms to be used for combating sexual violence against children in Zanzibar-Tanzania?
1.4.4 How effective is using both the International and National systems and mechanisms in combating sexual violence in Zanzibar-Tanzania?

1.5 Hypotheses

The absence of prevention systems and mechanisms against child sexual violence has caused an increased number of victims. This is mainly because the lack of preventive systems and mechanisms has encouraged the criminals of sexual violence against children to continue committing their hideous crimes in violation of child rights.

It is challenge for the existing national legal systems and law enforcement mechanisms to provide an appropriate justice in protection of the right of children, which are enshrined in the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child.

In the views of the above statement of affairs, the study has adopted the following hypothesis:
(i) There is need for a legal and policy frame work on sexual violence cases against children in form of national child protection systems and mechanisms.
(ii) There is need for the commitment of law enforcement authorities to the protection of the rights of the child.
(iii) There is a need for National and Social Awareness of the importance of the protection of the rights of the child.

1.6 Scope & Limitations

This study focuses on children of Zanzibar taking into account both the perpetrators and victims of sexual violence. Most of these perpetrators of sexual violence come from Northern Unguja-Zanzibar. The scope of this study is also limited by time constraints and limited availability of existing research in this area, limited government documents, and limitation resulting from the refusal of most of respondents to be interviewed.

1.7 Expected Outcomes

The research results are expected to promote the development of the systems and mechanisms as a basis for dealing with the cases of sexual violence against children in Zanzibar; promote child rights, dignity and protection from any form of violence against them especially sexual violence. The research is also expected to put in place reasonable legal actions against all criminals of sexual violence and enhance justice delivery as proclaimed in the Constitution of the United Republic of Tanzania 1977 and in Zanzibar Constitution of 1984.

1.8 Conceptual Framework

This study is an analysis of International Laws of the child’s rights as applied to the National level as a legal perspective and advocacy in building systems and mechanisms for the practice and implementation of laws on the cases of child sexual violence in Zanzibar as shown figure 1.1 below.

Figure 1. 1 Conceptual Framework

The following are illustrations of the above conceptual framework: –

1.8.1 International and National mechanisms:
Factor 1: International mechanisms
United Nations Treaties, the creation of a body of international human rights law is one of the United Nations’ great achievements. The United Nations has helped negotiate more than 70 human rights treaties and declarations—many focused on the rights of vulnerable groups such as women, children, persons with disabilities, minorities and indigenous peoples. Together, these treaties and declarations have helped create a ‘culture of human rights’ throughout the world, providing a powerful tool to protect and promote all rights. In accordance with the treaties, State parties have set up treaty body committees that may call upon States to respond to allegations, adopt decisions and publish them along with criticisms or recommendations. (UN General Assembly UNGA, 2002).

Factor 2. National mechanisms
Government has vital role to ratified International Human Rights Treaties and enshrined in Constitution and bylaws, promote and protect human rights include monitoring, investigation, inquiries, identify key challenges and opportunities for supporting and protecting human rights, and respect rule of law
Non-Governmental Organizations Mechanisms (NGOs) work to advance international human rights around the world principally by setting standards, documenting violations and lobbying for effective enforcement. First, NGOs have been instrumental in setting international human rights standards. “Standard-setting” is “the establishment of international norms by which the conduct of states can be measured or judged.” For example, NGOs were instrumental in achieving the passage of the Universal Declaration of Human Rights. In addition, NGOs have pressured their national governments to sign and ratify the treaties that embody human rights norms and have worked to increase use of the complaint mechanisms of these treaties. NGOs also had a significant impact at the 1993 World Conference on Human Rights in Vienna. The conference was attended by over 800 NGOs, two-thirds of which were grass-roots organizations. (Korey, 1999).
1.8.2 Enforcement of International and National mechanisms:
Factor 1. Law enforcement:
Police Unit, in Tanzania all criminal cases shall be reported to Police station and legal action shall starting from that point, and they have right to investigate and detection of crime, to interview criminals, survivors, witnesses by making record either writing or tape recording. (Tanzania Police Force and Auxiliary Services Act, 2002)
DPP Office, the primary functions of the Director of Public Prosecution in Zanzibar are to prosecute, to take over and to withdraw any criminal case before all law courts except court martial, for an offence committed in Zanzibar either wholly or in part. The DPP is required in the performance of DPP’s duties to make sure that justice is done no abuse of legal process and public interest is observed. (The Revolutionary Government of Zanzibar RGoZ, 1984).

Factor 2. Court Proceeding
Proper charge, in a number of cases, charges against the accused are dropped because the court finds that based on the evidence the accused has been wrongly charged. In a few cases the charges are amended often from a more serious charge of rape to a less serious charge of indecent assault. For example, in R vs. Khalifa Hassan Kaita, the charge sheet was amended to read indecent assault even though sex had clearly happened for fear that a rape charge would not stand. In view of the fact that this case was filed after the law was amended, requiring a minimum standard of proof to convict an accused person, one wonders why a charge of grave sexual assault under §156 was not substituted instead considering that the crime is more severe and the standard of proof less strict. (Maoulidi, 2009).
Proper Conviction, changing the charges routinely results in fewer convictions of those accused of sexual crimes; or in case of conviction, to the accused being tried on a lesser charge, which ultimately attracts lower prison terms or compensation amounts. If this is the case, it begs the question why the Director of Public Prosecution (the DPP) who commonly tries criminal cases on behalf of the state is not willing to revise a losing strategy in protecting victims and survivors of gender-based violence. (Moulidi, 2009)
Proper Sentence, equally important to review is the practice of law enforcement functionaries in how they handle sexual assault cases. The GBV Zanzibar Study indicated that many cases fail for lack of strong evidence to make the charges stick beyond a reasonable doubt. In the ten cases reviewed, in only one was the child examined within twenty-four hours of the assault, something that facilitated conviction. Instead the records show how evidence is being destroyed, many times unknowingly, such as by parents or guardians washing the child; but also because of poor judgment of the attending police officer or the investigating officer, indeed it is not uncommon for these public officers to delay investigating the crime or seek to make a deal between the parties so that there is less work to do and they gain some benefit from the deal. (Moulidi, 2009).
Building up strong system and mechanism to ensure that all criminals of sexual abuse to children must be convicted, judges and magistrates should provide fair and reasonable punishment on the eyes of law during making sentence to criminals of sexual violence this will be best starting method for prevention of sexual violence to the children of Zanzibar.

CHAPTER 2

LITERATURE REVIEW

Sexual violence is defined as any sexual act, attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work. (World Health Organization WHO, 2002).

“sexual abuse” means illegally sexual oriented acts done or words said in relation to any person for gratification or for any other illegal purpose. (The Revolutionary Government of Zanzibar RGoZ, 2004, p. 3)

Each child has the right to his or her physical and person integrity, and protection from all forms of violence. Children, as human beings, are entitled to enjoy all the rights guaranteed by the various international human rights treaties that have developed from the Universal Declaration of Human Rights (Pinheiro, 2006).

Recognition of human rights obligations to eliminate violence against children has intensified with the adoption and almost universal ratification of the Convention of the Rights of the Child (CRC), the latter underlines children’s status as rights holder. Yet, as the study reveals, despite this broad acceptance of the CRC, children in almost all States are still waiting for full recognition of respect for their human dignity and physical integrity, and for adequate investment in actions to prevent all forms of violence against them. Children themselves are speaking out on this issue and beginning to be heard and taken seriously. Children have testified at the nine Regional Consultations held in connection with the study about the routine violence they experience, in their homes and families and also in schools, other institutions and penal system, places of work, and in their communities. Violence against children exists in every states and cuts across boundaries of culture, class, education, income, ethnic origin and age. (Pinheiro, 2006).

2.1 The Universal Declaration of Human Rights: UDHR

The Universal Declaration of Human Rights is declaration adopted by the United Nations Generally Assembly, outlining the organization view on the human rights guaranteed to all humankind. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people. Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom. (The United Nations, 1948)

Article 22 of Universal Declaration on Human Rights stated that “Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” (The United Nations, 1948, p. 6). Everyone include child in the society either at the national or international level has the right to social security and should be taken into consideration by using national resources or cultural principles and methods

Article 25 of Universal Declaration on Human Rights stated that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection”. (The United Nations,1948, p 7).

The articles above make it clear that children’s rights are the basis of individual and societal development. General can be said that, children’s rights are the redemption rights that can be used as genetic term and reference point to existing rights which are enshrined in the International Declarations and Conventions. These rights need more constructively to be interpreted and enforced taking into account the potentials and its importance for contemporary society.

2.2 The Convention on the Rights of the Child: CRC

CRC is the main International Instrument that determines and provides all children’s rights. The Convention on the Rights of the Child (CRC) adopted and opened for signature, ratification and accession by General Assembly Resolution. On its Preamble stated that, the state parties to the present covenant considering that is accordance with the principles proclaimed in the Charter of UN, recognition of inherent dignity and of the equal and inalienable rights of all members of human family is the foundation of freedom, justice and peace security in the world, recognition that these rights derived from the inherent dignity of the human person proclaimed in UDHR that Childhood is entitled to special care and assistance.

Considering that, it is reasonable to provide protection and assistance to family, by fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community.

In addition, bearing in mind that the need to extend particular care to the child has been stated in the (GDRC) Geneva Declaration of the Rights of the Child of 1924 and the Declaration of the Rights of the Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, in the (ICCPR) International Covenant on Civil and Political Rights (in particular in articles 23 and 24), in the (ICESCR) International Covenant on Economic, Social and Cultural Rights (in particular in article 10), and in the statutes and relevant instruments of specialized agencies and international organizations concerned with the welfare of children. (The United Nations, 1989).

Bearing in mind that, as indicated in the Declaration of the Rights of the Child, “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth” (The United Nations, 1989).

Article 4 of CRC is protection rights, encourages governments to take responsibility and make sure that children’s rights are respected, protected and fulfilled. When countries ratify the International Convention, they agree to review their laws relating to children. This includes assessing their social services, legal health and educated systems, as well as levels of funding for these services. Governments are then obliged to take all necessary steps to ensure that the minimum standards set by the Convention in these areas are being met. They must help families protect children’s rights and create an environment where they can grow and reach their potential. In some instances, this may involve changing existing laws or creating new ones. Such legislative changes are not imposed but come about through the same process by which any law is created or reformed within a country. Article 41 of the Convention points out the when a country already has legal standards than those seen in the Convention, the higher standards always prevail. (United Nation General Assembly UNGA, 2002)

Article 19 of CRC is Protection from all forms of violence, children have the rights to be protected from being hurt and mistreated, physically or mentally. Government should ensure that children are properly cared for and protect them from violence, abuse and neglect by their parents, or anyone else who looks after them.

Governments should protect children from all forms of sexual exploitation and abuse. This provision in the Convention is augment by the Optional Protocol on the on the sale of children, child prostitution and child pornography. (United Nation General Assembly UNGA, 2002).

2.3 The African Charter on the Rights and Welfare of the Child: ACRWC

ACRWC is another International instrument which insure the protection rights of the child and keeping them safe from harm. this Charter adopted in July 1990 by the General Assembly of the Organization of African Unity in Addis Ababa, Ethiopia, and Entry into force: 29 November 1999. Stated on its preamble that:

Considering that the Charter of the Organization of African Unity recognized the significance of human rights and the African Charter on Human and Peoples’ Rights proclaimed and agreed that everyone is entitled to all the rights and freedoms recognized and guaranteed therein, without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. (Organization of African Union OAU, 1990).

Noting with concern that the situation of most African children remains critical due to the unique factors of their socio-economic, cultural, traditional and developmental circumstances, natural disasters, armed conflicts, exploitation and hunger, and on account of the child’s physical and mental immaturity he/she needs special safeguards and care.

Article 16 of ACRWC is somehow similar to article 19 of the Convention on the Rights of the Child, where by under this charter stated that, children should be protected from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse neglect or maltreatment including sexual abuse.

Therefore, all above mentioned International instruments are there for the purpose of safeguard and protect child’s rights from all forms of violation include sexual abuse, hence the implementation of children’s rights should be exercised accordingly and avoidance of all forms of violation to them as has been stipulated under all above International instruments.

2.4 The Constitution of the United Republic of Tanzania of 1977 and Zanzibar Constitution of 1984:

In 1964, Tanganyika and Zanzibar merged into the United Republic of Tanganyika and Zanzibar, renamed into “United Republic of Tanzania” that same year. The constitution of the newborn nation was based on Tanganyika’s 1962 Republican Constitution, modified according to the agreements between TANU and Zanzibar’s majority party, the Afro-Shirazi Party (ASP). These agreements had been ratified under the name “Articles of Union” and became part of the new constitution as “Acts of Union”. The most notable feature of the Acts of Union was the establishment of the double government structure that is also part of Tanzania’s current constitution. This structure included one government for the Union and one largely autonomous independent government for Zanzibar. Zanzibar’s government included its own Parliament and President (Eastern Africa Center for Constitutional Development EACCD, 1977).

Apart from International Conventions and Treaties that protect child’s rights, but also the Constitution of Tanzania and the Constitution of Zanzibar provided protection of child’s rights. These Constitutions determine the extent that the rights of individual should be protected and maintained and that No law of the land to be enacted by Parliament for Tanzania Mainland and by House of Representative for Tanzania Island-Zanzibar, which shall be violate the Constitutional principles because itself is determined as Grand Norm of the state administration. But there were needed for both constitution to adopt independent section about child’s rights, which give full effect to Public to know and to respect that rights and taking serious actions for those who attempt violate these rights.

2.4.1 Basic rights:
The Right to Life, every person has the right to live and to the protection of his life by the society in accordance with the law. (The United Republic of Tanzania URT 1977) and (The Revolutionary Government of Zanzibar Constitution RGoZ, 1984).
The Right to privacy and personal Security, (1) “every person is entitled to respect and protection of his person, the privacy of his own person, his family and his matrimonial life, and respect and protection of his residence and private communications”. (The United Republic of Tanzania URT 1977, p. 17-18) (The Revolutionary Government of Zanzibar Constitution RGoZ, 1984, p. 9). No one allowed to take life of others include children, no one allowed to intervenes privacy and destroy personal security of others include children, for the purpose of preserving the person’s right including children’s rights this article gave the state authority to lay down legal statutes and procedures regarding the circumstance and extent to which the right to privacy and person security, property and residence.

2.5 Zanzibar Children’s law

In 1998 the House of Representative in Zanzibar enacted the Sexual Offences (Special Provisions) Act which among other things this Act addressed sexual exploitation against women and children, incest, procuration for prostitution, trafficking of persons, cruelty to children and child prostitution. It also addressed common forms of sexual exploitation of children such as sexual harassment, rape, molestation, indecent assault and sodomy, most of which are committed against women and children. (The Revolutionary Government of Zanzibar RGoZ, 1998). Actually, this Act help the Prosecution of the sexual crimes cases and provided more legal rooms to ensure that victims of sexual violence enjoy their justice and legal actions are taken to the criminal of sexual violence.
In addition, the Sexual Offences Special Provision Act is an Act to amend several written laws, making special provisions in those laws with regard to sexual and other offences to further safeguard the personal integrity, dignity, liberty and security of women and children.
In July, 2011 The House of Representative in Zanzibar enacted Zanzibar Children Act No.6 The President of Zanzibar Dr. Ali Mohamed Shein a semi-autonomous island region in the United Republic of Tanzania, on August 25, 2011 signed into law a comprehensive children’s rights law. The Act enshrined some provisions on guardianship, parentage, custody, and foster as well as on the roles and responsibilities of professionals and institutions in providing legal services for children and dealing with children in need of care and protection. The Children’s Act enshrines in Zanzibar law key principles of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) relating to the best interests of the child, non-discrimination and child participation. It replaced the colonial era Children and Young Person’s Decree 1952 as the principal legislation relating to children in Zanzibar.

CHAPTER 3

RESEARCH METHODOLOGY

This chapter presents the research data collection, research type and method of research data analysis in research finding.

3.1 Type of research

This study uses a descriptive type of research in order to get in-depth information about real situation of sexual violence to the children of Zanzibar and how far most of these cases dismissed from the competent court of law in Zanzibar. Descriptive research is “aimed at casting light on current issues or problems through a process of data collection that enables them to describe the situation more completely than was possible without employing this method”. (Fox & Bayat, 2007, p.45)

3.2 Data Collection

In this study data were collected through primary data and secondary data as shown in diagram 1.2

3.2.1 Primary Data Collection: In-depth interview

Depth interviewing is an important source of Qualitative data in evaluation, it involves asking open-ended questions, listening to and recording the answer and then following up with additional relevant question (Patton, 1987, p. 108). This study will use In-depth interview as the primary source of data collection through direct interaction with different type of people.

3.2.2 Secondary Data: Text Books and Documents

This study used both text books and published document includes Government documents, UN documents, News reports, New analysis, Research papers, Journal Articles and NGOs’ reports.

3.2.3 Research Participants and Areas

This study focused to International and National authorities, legal enforcement authorities, survivals and their relatives from four Shehias in Northern of Zanzibar as shown in Table 3.1 below:

Table 3.1 Focus Groups and Areas
International and National Authorities Legal Enforcement Authorities 4 Shehias North A & B
UNICEF& Save the Children Police Unit Nungwi and Kinyasini
Zanzibar Legal Service Centre (ZLSC) DPP Office Kitope and Mahonda
Government Legal Officers Court Unit Gender and children desks at Mahonda

3.3 Data Analysis

Data analysis is the “process of bringing order to the data, organizing what is there into patterns categories, and basic descriptive units” (Patton, 1987, p.144). This study involved analysis and interpretation of available secondary data collected and primary data collected at the time of field by sorting, naming, categorizing and connecting which is termed as explain more on coding.

CHAPTER 4

FINDINGS AND DISCUSSION

4.1 Introduction

This chapter provides results obtained about prevalence cases of sexual violence against children in Zanzibar include: (a) examining the situation of sexual violence against children in Zanzibar (b) identifying the systems and mechanisms for combating sexual violence to children (c) examining how International and national systems and mechanisms have been applied to national response of sexual violence against children in Zanzibar-Tanzania and (d) evaluating the effectiveness of the use of both International and National systems and mechanisms in combating sexual violence cases in Zanzibar. The succession of the above objectives of this study, the researcher conducted data collection including in-depth interview, documents analysis, and focus group discussions. This chapter presents result finding and discussions of the study.

4.2 Sexual Violence Against Children in Zanzibar

Respondents to the field survey identified that violence against children was available everywhere in community and the common violence to the children of Zanzibar was sexual violence. Respondents declared almost three areas about the current situation of sexual violence in Zanzibar include (i) increasing number of sexual violence (ii) community know perpetrators and (iii) community know the common areas that usually occurs this violation.

Due to increasing number of sexual violence, Respondents to the field observed that one of the reasons for increasing sexual violence against child in Zanzibar was due to lack of absence of Public awareness and follow up a case for the aim that justice take place when this incident happened to their children this was stated by Mrs. Zainab Haji Usi mother of the daughter (victim) age of 7 years old, resident of Nungwi Kiungani Northern Unguja-Zanzibar, she said that “my daughter raped in 02 July,2017 and reported to Police station immediately, Police officers came to the place where this incident happened and took notes as environment evidence, and took notes from witness and arrested the criminal accused, interviewed him and was sent to the court. Magistrate of this case refused to give bail to him and criminal was detained for two weeks, after two weeks Magistrate of this case released him and from that day nothing continued about this case up to date and I did Know where to start for following up about this case.” (Z. H. Usi, personal communication, January 8, 2018). the district administration secretary for Northern District in Unguja at the field work, stated that;

“Vitendo hivi vya uzalilishaji wa watoto vimeenea pande zote za Visiwa vya Zanzibar na wafanyaji wa vitendo hivi wanajulikana na maeneo yanayofanyika nayo yanajulikana cha kushangaza bado hatua za kisheria zidi ya wahalifu wa vitendo hivi zimekuwa sio za kuridhisha jambo ambalo linapelekea kuendelea kutokea kwa vitendo hivi” Which translates to;

Unofficial translation “An act of violations to children spreading all corners of Isles of Zanzibar and perpetrators of these acts are known and the places occur these issues known and its surprised that no legal action taking to perpetrators of this issue that why caused much prevalence of this crime” (M. Omar, personal communication, January 8, 2018).

Similarly, observation from the T-Watoto survey report on violence against children in Zanzibar that, Sexual violence against children is the most common form of violence (64.5 per cent) reported by communities. The identification of sexual violence by survey respondents as the most common form of violence by children contracts with the results of the Zanzibar Violence against Children Survey (2009) that reported that physical violence was the type of violence most commonly experienced children. According to the VAC Survey, 6 per cent of girls and 9 per cent of boys reported experiencing sexual violence while 62 per cent of girls and 71 per cent of boys reported physical violence before the age of 18 years. (U.S. Centers for Disease Control and. Prevention CDC, Muhimbili University of Health and Allied Sciences MUHAS, 2009).

Figure 4.1 Children below 18 years who have experienced
at least one incident of sexual violence
Source: The Revolutionary Government of Zanzibar’s Planning Commission, (2017).

Finding from the study shows that perpetrators of sexual violence to child are too close to survivor, perpetrators of this cases fortunately are known by community and majority of them are too close with survivors and places that happen this violence almost near home, or at school or Madrasa or on the way to school or on the way go back home. According to respondents in informant interview, “the perpetrators of the sexual violence to our children are those who are close to survivor include family members, family friends, close friend, neighbors, school teachers or Madrassa teachers, and some time happen to strange people but not much”. Similarly, from VAC study in Zanzibar observed that “the three most common perpetrators of sexual violence experienced by females to age 18 were strangers, neighbors, and intimate partners. Nearly two-thirds of these females reported that at least one incident of sexual violence involved a perpetrator who was 10 or more years older. About one-half of males 13 to 24 years of age reported that at least one of their incidents of childhood sexual violence was perpetrated by someone older. The most common locations where sexual violence occurred at least once for both females and males were someone’s house, at school, or while traveling to or from school. (U.S. Centers for Disease Control and. Prevention CDC, Muhimbili University of Health and Allied Sciences MUHAS, 2009, p 1).

Figure 4.2 Most frequent locations where incident of childhood sexual violence occurred.
Source: (U.S. Centers for Disease Control and. Prevention CDC, Muhimbili University of Health and Allied Sciences MUHAS, 2009).

According to VAC report in Zanzibar there are four common types of sexual violence (1) unwanted touching in a sexual way for example unwanted touching, kissing, grabbing, or fondling. (2) unwanted attempted sexual intercourse, (3) physically forced intercourse in which the respondent was physically forced to have sexual intercourse against his or her will, and (4) coerced intercourse in which the respondent was pressured or forced in some other way to have sexual intercourse against his or her will.

4.3 Systems and Mechanisms Applied by Revolutionary Government of Zanzibar

The National Plan of Action to End Violence against Children in Zanzibar 2017-2022 is the current systems and mechanisms for combating sexual violence to the children of Zanzibar, this plan overseen by The Revolutionary Government of Zanzibar under Ministry of Labor, Empowerment, Elders, Youth, Women and Children (MLEEYWC). This National Plan of action purposely made out the National framework for Community to preventing and responding to any violence and abuse against women and children in Zanzibar, implementation of this National Plan of Action starting from Revolutionary Government of Zanzibar (RGoZ) to community and from civil society to private sectors, actually it provides outline, vision, key output and outcomes and costed work plan in order to address all violence and abuse against children over the next five years from July 2017 to June 2022. It based on Prevention and addressing violence and using Unified and coordination approach with stakeholder who intensify their focus on the prevention and response in this program (Ministry of Labor, Empowerment, Elders, Youth, Women and Children MLEEYWC, 2017).

The systems and mechanisms have been applied by the Revolutionary Government of Zanzibar divided into four parts: Part I is overview of the National Plan of Action, Part II is Guiding principles of the National Plan of Action, Part III is Theory of Change of the National Plan of Action and Part IV is Coordination, monitoring, and evaluation frame work implementation of the National Plan of Action. (Ministry of Labor, Empowerment, Elders, Youth, Women and Children MLEEYWC, 2017)

The Revolutionary Government of Zanzibar applied ‘theory of change approach’ to addressing violence against women and children in Zanzibar. The National Plan of Action to end violence against children in Zanzibar outlines the social and ecological framework in which violence occurs in Zanzibar and adopted a theory of change approach as a system and mechanism in identifying the causes of violence and the multiple evidence based on interventions needed to effectively address violence against women and children in Zanzibar.
Vision – All women and children throughout Zanzibar enjoy their rights to an environment free from all forms of violence. Mission – By 2022, A comprehensive national system is in place and operational, where government, civil society, communities, families, men, women and children are empowered, to prevent and respond to violence against women and children. (Ministry of Labor, Empowerment, Elders, Youth, Women and Children MLEEYWC, 2017).

4.4 Identification of Systems and Mechanisms for Combating Sexual Violence against Children in Zanzibar

Findings from the study shows that the Revolutionary Government of Zanzibar under Ministry of Labor, Empowerment Elders, Youth, Women and Children prepared National Plan of Action to end sexual violence against children in Zanzibar, this plan provided the following systems and mechanisms for combating Sexual violence against children in Zanzibar for 2017-2011. (Ministry of Labor, Empowerment, Elders, Youth, Women and Children MLEEYWC, 2017)

Comprehensive legislation and policy frame work, the Revolutionary Government of Zanzibar prioritized the following actions:
(i) Print and translate the regulations of the children’s Act No. 6 of 2011
(ii) Enhanced effective amendment of the children’s Act, 2011
(iii) Amendment of the regulations of the children’s Act, 2011 for the effective operationalization of legislation related to violence against children in Zanzibar.
(iv) Legislation should develop for addressing violence against children and promote positive useful forms of discipline
(v) Finalize and operationalize the Zanzibar National Policy frame work for the development and protection of children in Zanzibar.

Respondent from UNICEF office in Zanzibar suggested to the Government of Zanzibar under responsible Ministry to review an existence policy on child protection from all forms of violence because it out dated and leads failure implementation of the systems and mechanisms for combating sexual violence against children in Zanzibar

Adequate financial resource, human capacity and technical, the following are priority actions:
(i) Capacity building to relevant stakeholders
(ii) Recruit welfare district officers
(iii) Public expenditure should have allocated to child’s protection programs
(iv) National financing resources should develop and mobilized National Plan for supporting operationalization system for protection of children
Enhancing Coordination, the stronger coordination of effort needed to address all forms of violence against children from International Agencies, National and subnational levels, national guidelines, role and responsibilities, division of labor of the relevant Government structures in the operationalization of the National system to address violence against children, the annual plans, target and terms of references are strong needed to improve functioning of the National Inter-ministerial Committee the following are priority actions:
(i) Provide National guideline as operationalization system for addressing sexual violence against children
(ii) National inter-ministerial committee on violence against children should be oversees implementation of Zanzibar NPA to end violence against children in Zanzibar.
(iii) National Committee to end violence against children should be unified coordination team structure collaborated by shehia, district, and region, each level of coordination mechanism team work required to prepare clear terms of reference, to assess all forms of violence against children and prepared annual work plans.
(iv) Conduct assessment based on community practiced in responding and preventing to violence against children, support and develop National mechanisms and National protection system.

Presence of Data and communication management, Data on sexual violence normally come from police officers, clinical stations, nongovernmental organizations and form research survey, the relationship between these sources of data and the global magnitude of the problem of sexual violence against children may be viewed as corresponding to an iceberg floating in water, a big part of available data through survey research and the work of nongovernmental organizations. In general, sexual violence has been a neglected area of research. The available data are scanty and fragmented, there are also significant differences across cultures in the willingness for community to disclose sexual violence to researchers. Caution for this point is therefore needed making global comparisons of the prevalence of sexual violence against children (Pinheiro, 2006). The Revolutionary Government of Zanzibar prioritized the following are priority actions for data management and communication:
(i) Develop and standardize Data management system in reporting, collection, collation and management of analysis tool and process for addressing violence against children.
(ii) Capacity building to the relevant department including Policy department, planning and research department in the responsible Ministry for children.
(iii) Support National study and analysis on violence against children

4.5 Implementation of the use of both International and National systems and mechanisms to National in combating sexual violence cases in Zanzibar

Findings from Save the Children (SC) branch office in Zanzibar refer that, “a child protection system is a set of coordinated and informal element working together to prevent and respond to abuse, neglect, exploitation and other forms of violence against children. It composed of different governmental, non-governmental and community-based structures and mechanisms which in turn coordinate and facilitate the work and information flow among them from the community to the district and national levels.” (Ljungman, Nilsson, Mashamba & Mtengeti, 2014, p.16)

The Child Protection System may involve different actors include communities, families, children, and those working at or national and subnational level. Actual Government actors from different levels and different departments should bear the primary responsibility and liabilities for the protection of all children from all classes and from all communities within the state’s territory. Normally, Formal actors such as Judges and magistrates, government social workers, social welfare officials, security units and police should lead the child protection system at national and sub-national levels. At grassroots levels (Shehia), the role of non-formal actors is most highly visible. As analyzed in social ecological frameworks of child development (Bronfenbrenner, 1979), frequently children are protected by non-formal actors such as religious leaders, families, communities, teachers, elders, and for community levels children may protected by civil society organizations, politician, media, and government leaders, relationships and interactions between components of child protection system and actors are very important such as Magistrates and Police are play vital role in child protection system and mechanisms. The Revolutionary Government of Zanzibar through responsible Ministry for children in Zanzibar prepared the ecological model for understanding and addressing violence against children in Zanzibar as shown in Table 3.4:

Figure 4.3 Ecological model for understanding and addressing
violence against children in Zanzibar.
Source: Ministry of Labor, Empowerment, Elders, Youth, Women and Children, 2017

The Revolutionary Government of Zanzibar through MLEEWC made eleven components for implementation of International Treaties on Rights of Childs and combating on sexual Violence against children in Zanzibar as follow:

4.5.1 Legal Frame Work

The Children’s Act of Zanzibar enacted in July 2011 as a main mechanism for combating sexual violence against children and other form of violation against them. enshrined in law of Zanzibar as a key principles of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) which relating to the best interests of the child, non-discrimination and child participation. Respondent from Public Prosecutor (PP) about legal frame work said that “kutungwa kwa sharia Namba 6 ya mwaka 2011 inayohusu sharia ya watoto imesaidia kesi zinazowahusu watoto kufanyika kwa ufanisi Zaidi na pia kwa upande wa ofisi yao wameteuliwa maafisa maalum wanaoshughulika na uendeshaji wa kesi hizo vilevile kumeanzishwa chumba maalum cha wafanyakazi wanaoshughulika na kesi hizo kwa msaada wa UNICEF ili kuwezesha ufanisi Zaidi katika utekelezaji na uendeshaji wa kesi hizo.” Unofficial translation is “enacted Zanzibar children Act No. 6 of 2011, it helps effectiveness of prosecution of the case against children, and on the side of his office there are specific Public Prosecutors appointed to deal with case against children, and for the aid from UNICEF facilitated construction of this special office rooms dealing with cases against children in Zanzibar.” (M. A. Juma, personal communication, January 2, 2018).
(i) Zanzibar children Act should provide the legislative framework on violence cases against children for the operationalization of the national child protection system with a focus on children in need protection and care and children in conflict with the law
(ii) Zanzibar children Act addressed all aspects of children’s rights with respect to parentage, family, maintenance, custody, adoption, and protection from all forms of violence, neglect, abuse and exploitation. In addition, this act also provide power to establish new Children’s Courts in each region of Zanzibar.
(iii) Development details of rules and regulations allowed by principal Act to be developed to give detailed guidance to support the operationalization of the Act. In 2015, Children’s Court Rules were gazetted in Zanzibar. In addition, these rules and regulations should provide the detailed procedures of how Children’s Courts should be designated accordingly, and how this children’s court may deal with children’s cases (both criminal and civil cases). In 2017, the Minister for Labor, Empowerment, Elders, Youth, Women and Children in Zanzibar, officially had signed 3 sets of rule and regulations to support the operationalization of the Children’s Act No. 6 of 2011 include (i) Care and Protection Regulations (ii) Foster Care and Guardianship Regulations and (iii) Residential Care Regulations.
(iv) Enactment of a new Evidence Act 2017, presence of Zanzibar children Act provided support and chance for enactment of new Evidence Act of 2017 for the purpose of effectiveness of court proceeding on cases of sexual violence against children.

4.5.2 Coordinating Agency

MLEEYWC stand as a coordinating Agency for combating sexual violence against children in Zanzibar, the National protection system prepared for combating sexual violence against children, this system involving multi sectoral Government Ministries, Department and Agencies (MDA), stakeholders from communities and NGOs.

In addition, MLEEYWC has core functions of service delivery and coordination, actually collaboration of working with Save the Children have provided the physical rehabilitation of the Child Protection Unit within the Department of Elders and Social Welfare in MLEEYWC Zanzibar, UNICEF providing full supporting to the MLEEYWC for conducting a capacity building and develop assessment and support the effective delivery of social welfare services in Zanzibar.

The MLEEYWC emphasized that the responsibility implementation of National protection plan to end sexual violence against children is not responsible of one institution alone, actually requires collaboration and coordination of several Committees to be established at national, district and Shehia levels as shown in diagram 1.5 down:

Table 4.4 Coordination structures of the National Plan of Action in Zanzibar.
Source: Ministry of Labor, Empowerment, Elders, Youth,
Women and Children, 2017.

4.5.3 Local Prevention actions and Response Services

Figure 4.5 Enhanced local child prevention service.
Source: Ministry of Labor, Empowerment, Elders,
Youth, Women and Children, 2017.

The Revolutionary Government of Zanzibar had taken an extra effort to local environment by providing prevention and response services, (i) more than 7 stations established for child protection in 11 districts of Zanzibar. (ii) In each Shehia levels in Zanzibar had established Parenting groups (iii) In each Shehia levels there are Women and Children Coordinators (iv) In all Police stations in Zanzibar established Gender and Children’s desks and normally Police Officers working in these desks are well qualified in law on child’s rights and well professional on cases based on child’s violation. (v) Established six health centers to facilities and support the delivery of integrated response to survivors of violence (vi) and established Child helpline service which provide free calling to report any violence against children in Zanzibar.

European Union and UNICEF support the provision of child protection services in Zanzibar and funded building project of Gender and Children desk station at Mahonda Police station Zanzibar, building of this station by (EU) European Union and UNICEF was implementation of fighting violence against children in Zanzibar. Responding from Desk in charge at that station Assistant Inspector of Police Mr. Shukuru Mtwale Wiliam said that: “kazi kubwa ya Dawati kwanza ni kuwapokea Wahanga waliodhalilishwa kijinsia, kuwapeleka Hospitali maalum zinazoshughulika na unyanyasaji wa kijinsia pamoja kuwahoji wahanga na mashahidi walioshuhudia tukio la udhalilishaji, pia tunakusanya Ushahidi wa kimazingira kwa kufika sehemu lilipotea tukio, na muda huohuo tunamtafuta mtuhumiwa kwa hatua za mahojiano, na unapokamilika upelelezi na faili tunaipeleka ofisini kwa DPP na wao wanapomaliza taratibu zao kesi inapelekwa Mahakamani, zoezi lote tangu kuanza kupokelewa kwa kesi hadi kesi kufikishwa mahakamani takriban ni mwezi mmoja hadi miwili jambo ambalo ni changamoto kubwa sana inayopelekea kesi nyingi kutoendelea.” Unofficial translation: “the main responsibilities of this desk are receiving victims of gender violence, send them to special hospital which deals with this case, interviewing victims and witnesses, visit an area where happened that violence for environmental evidence, searching accused person and interview, after completion of investigation we send file to DPP office for their appropriate actions and they send this case to court, almost one to two months from starting process to send case to court, actually this is a big challenge and caused dropping of the case to continue.” (S. M. William, personal communication, January 8, 2018).

Figure 4.6 Mahonda Gender and Children Desk in Zanzibar
Source: Field, 2017

4.5.4 Convenience Justice System to Children

Justice system should be friendly and convenience to children who faced sexual violence. Capacity building of the justice system to deal with children’s cases in same line with national and international standards significantly enhanced. Significant progress has been taken by Revolutionary Government of Zanzibar to support the effective operationalization of the Children’s Act 2011. Progress made include (i) The establishment of Children’s Courts in 3 out of 5 regions in Zanzibar. (ii) The establishment of a special guidelines and roll out of training for Police, Judges and Magistrates, Prosecutors, Social Welfare Officers and Prison Officers in dealing with children’s cases in Zanzibar. (iii) The establishment and scale up to all regions of a program of legal aid for children in conflict with the law all children charged before the courts now provided with legal representation.

4.5.5 Public Awareness and Supportive

Enhanced public awareness of child protection in Zanzibar. Families and communities are often hold first responsibility in preventing and responding to violence against children. MLEEYWC had been taken efforts in recent years to build public awareness on preventing and responding to violence against children in Zanzibar, included: (i) Public awareness Campaign on Violence Against Women and Children in Zanzibar, is a two years Presidential Campaign has been launched 2017. (ii) Television and Radio spots with penetration key messages on violence against children communicated, society is busy on Tv and radio sport the responsible Ministry tried to penetrate message on violence against children. (iii) MLEEYWC established parenting groups in South District Unguja and roll out of positive parenting interventions (iv) Conducting research on violence against children for better understanding of community attitudes and understanding of violence against children (T-Watoto Survey, Drivers of Violence Action Research, Research on violence against children in Madrassas) and finally (v) renewed and continue effective required efforts of awareness on violence against children. significant focus of the new National Plan of Action on Violence Against Women and Children is on engaging with communities to effectively prevent and respond to violence. (Ministry of Labor, Empowerment, Elders, Youth, Women and Children MLEEYWC, 2017).

4.5.6 Skilled Workforce and Committed

The MLEEYWC has been taken significant progress in building the capacity of frontline professionals and skilled workforce for child protection in Zanzibar. Achievements to date include: (i) Training materials developed and rolled out for social welfare officers, police officers, prosecutors, judges and magistrates, (ii) National Standardized Child Protection Training Manual developed with the Department of Elders and Social Welfare (DESW) 13 qualified social welfare officers were recruited by the DESW to support the provision of child protection services in Zanzibar. (iii) Child protection integrated within academic curriculum of Social Work Diploma at SUZA University and Bachelor of Social Science Degree at Zanzibar University
(iv) Ministry of Education and Vocational Training has developed a Positive Discipline manual in schools that is currently been rolled out in Zanzibar (v) The Mufti’s Office in Zanzibar has developed some Positive Discipline Manual for Madrassa teachers in Zanzibar.

4.5.7 Adequate Resources and Data Management

The MLEEYWC has been taken some progress in relation to increased financial resources and data management for children issues but these are areas that remain severely constrained in implementation prevention of sexual violence against children in Zanzibar. Actually, proportion of the funding available to support the operationalization of the national child protection system depends on external aid support from development partners, the MLEEYWC normally receives less than 1 per cent of the overall government budget. Some progress action has been made on data e.g. introduction of children case management forms, children case registers, Police Gender and Children’s Desk registers but the availability of data remains very limited and constrained. Significant investment on the area of data resources and management is strongly required in establishing an effective data management system to be able to properly monitor and report on progress in the operationalization of the child protection system.

4.5.8 National Strategy

Following the publication of the VAC Survey results in 2009 a National VAC Action Plan was adopted by the Revolutionary Government of Zanzibar 2011-15. This has been replaced by a new integrated National Plan of Action to End Violence Against Women and Children in Zanzibar 2017-2022. The new National Plan of Action provides the national strategic framework for all interventions addressing violence against children over the next five years.

Figure 4.7 Photo of the Current book on NPA to end violence
against women and children 2017-2022.
Source: Ministry of Labor, Empowerment, elders, youth, women and children, 2017.

CHAPTER 5

CONCLUSION AND RECOMMENDATIONS

5.1 Introduction

This chapter focuses at Summary, Conclusion and Recommendations of the study on the basis of what the researcher found during the field.

5.2 Summary

The study investigated the absence of prevention systems and mechanisms against child sexual violence has caused an increased number of victims. This is mainly because the lack of preventive systems and mechanisms has encouraged the criminals of sexual violence against children to continue committing their hideous crimes in violation of child rights.

It is challenge for the existing national legal systems and law enforcement mechanisms to provide an appropriate justice in protection of the right of children, which are enshrined in the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child. International law on child’s rights could be applied at the National level as a remedy of prevalence of evil deed of sexual violence done against children in Zanzibar-Tanzania.

Tanzania is member of UN system, signed and ratified UDHR, CRC and ACWCR, and transformed into Constitution of the United Republic of Tanzania of 1977 and Zanzibar Constitution of 1984. In 1998 the House of Representative under the Revolutionary Government of Zanzibar enacted Sexual Offences (Special Provisions Act) intended to promote prosecution process of sexual crimes against children in Zanzibar and enhanced justice and legal protection for victims of sexual violence in Zanzibar. In 2011 The House Representative Enacted Children Act for the same intention of creating good environment of dealing with sexual crimes against children in Zanzibar. Actually, it was part of implementation of International law and Treaties on child’s rights in Zanzibar as remedy prevalence of sexual violence against children in Zanzibar.

The study finds out that sexual violence against children in Zanzibar is a big issue and its roots are strictly requiring extra power to break, this problem exist in all corners in Zanzibar and much affected in Northern of Zanzibar, this crime became National Threat in Zanzibar, many families were scared for their children, International and National organizations provided full support to the Revolutionary Government of Zanzibar, include UNICEF and Save the Children are front liners in promote child’s rights in Zanzibar and successfully supported the Revolutionary Government of Zanzibar, NGOs and districts to develop this basic structure for a systems and mechanisms approach to child protection and prevention. (U.S. Centers for Disease Control and. Prevention CDC, Muhimbili University of Health and Allied Sciences MUHAS, 2009).

Sexual criminals and their families have fund capacity and leaders in Government, majority of perpetrators of sexual violence and their families are from high levels, they are rich and they have high position in the Government (untouchable) it is very difficult to open case at the court of law for them, they have extra power include monetary power, they use their money to convince children to accept sexual intercourse and if they not accept they doing by force, when these children reported to their parents and to the Police stations about sexual crimes done by these sexual criminals, these people try to convince parents and polices to sit for meeting and negotiate about the incident happened and pay a lot of money by corruption way to solve this problem without taking them to the court of law, and because majority of victims and survivors of sexual abuse and their families are from poverty family they accept this idea by taking some amount of money from criminals of sexual violence, and if they did not accept and try to open case to the court of law these people use their government position to destroy these cases.
Victims unable to provide strong evidence beyond resealable doubt, Majority of victims and survivors are too young about 4 to 11 age of year, they cannot explain in details of what happened, this may cause dismissed of the case, according to GBV study in Zanzibar show that many sexual violence cases include rape cases in Zanzibar were dropped or dismissed because of the lack of evidence it should be beyond reasonable doubt and the standard of proof in the court of law required prima facie case of rape, ” this means that there must be established that there was carnal knowledge which is established and corroborated by penetration” (Maoulidi, 2009, p, 20).

Lack of education may cause dismissed of sexual violence case, majority of family of victims of sexual violence in Zanzibar are suffered with lack of education, some of them even reading cannot, they supposed to find either neighbor or friends to read form them, and because government move by document they faced seriously difficult when they receive court statement (summons) and when they supposed to respond statement to the court, majority of this family feeling shame and most of time they keep court document (summons) in their cupboards and case dismissed itself, because court of law ordered them to appear at the court but they did not show up at the day of case proceeding.

Poverty, is a big challenge to the survivors of sexual violence family, some time they missed to attend to the court because they cannot afford transport fees to attend court session, or some they fail to follow up a case or to attend to the lawyer’s office to get legal assistance.

Accountability to law enforcement authorities, three areas of accountability find out in this study, (i) working resources, Police officers, Public Prosecutors and Magistrates are working in inconvenience environment with scrap and old working tools like office machines, cars and investigations machines, (ii) working environment, they are working in very difficult situation and dangerous and some time they fear themselves because Government did not create a good working environment to them like building special houses with full security to them or providing any security to them (iii) salary, insufficient amount of money they receive for their own salary this may cause less accountability to their responsibilities.

5.3 Conclusion and Recommendations

The findings indicated that legal framework not meet enough criteria of what International law and International Treaties on the child rights needed include:

Enhanced legal and policy frame work on sexual violence cases against children for the operationalization of the national child protection, legal and policy frame work on child’s rights are the basic recommendations of this study it can change the system and mechanisms operation of the sexual crimes cases, and can help prosecution side at the time of proceeding of sexual offences cases, actually, reforming of legal and policy in combating sexual violence as a result of sexual protection and prevention in the Islands of Zanzibar.

Public awareness about Child’s rights, child protection from all kind of violence as well as sexual violence, this awareness should start from the grass root levels, include district levels to national level, where that significant majority have no any idea or knowledge about child’s rights and they are very limited access of reading newspapers and magazines, listening to radios or watching television that responsible Ministry for children and other Private Organizations air out special programs and articles that express the important of prevention and protections of child’s rights and the dignity of the children according to International and National laws.

The government should take immediately actions for combating all cases about sexual violence to the children by promoting government systems and mechanisms, include develop capacity building to the Police officers, Public Prosecutors and Magistrates, and develop their working environment by providing technological and modern equipment, modern office machines, develop and promote workers interest including standard salary and allowances.

Disciplinary actions, Revolutionary Government of Zanzibar should take disciplinary actions to those who try to infringed sexual violence cases against children either by negligent or intentionally the disciplinary actions should be taken to them regardless their position in government or their position in the society.

The Revolutionary government of Zanzibar through responsible Ministry for Children and responsible Ministry for Information in Zanzibar and other stakeholders should support H.E Dr. Ali Mohammed Shein President of Zanzibar and Chairman of Revolutionary Government of Zanzibar in the campaign towards elimination of sexual violence against children in Zanzibar that launched by him in November 2014. (Ministry of Labor, Empowerment, Elders, Youth, Women and Children MLEEYWC , 2017).