Browsing by Author "Makulilo, Alexander B."
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Item The independent candidate case by the African court of human and peoples' rights revisited(Inderscience Publishers, 2017) Makulilo, Alexander B.In June 2011, the Tanganyika Law Society, the Legal and Human Rights Centre and Rev. Christopher Mtikila filed in the African Court on Human and Peoples' Rights applications instituting proceedings against the government of the United Republic of Tanzania claiming that the government had, through certain amendments to its Constitution, violated its citizens' right of freedom of association, the right to participate in public affairs and the right against discrimination by prohibiting independent candidates to contest Presidential, Parliamentary and Local Government elections. In its judgment of 14 June 2013, the Court found that the government violated Articles 2, 3, 10 and 13 (1) of the African Charter on Human and Peoples' Rights. The Court directed the government to take constitutional, legislative and all other necessary measures within a reasonable time to remedy the observed violations. This article revisits this case to understand the reluctance by the government towards independent candidates.Item Rebooting democracy? Political data mining and biometric voter registration in Africa(Taylor & Francis, 2017) Makulilo, Alexander B.The introduction of biometric voter registration and biometric voter identification on Election Day is a new trend in most African countries. This development in turn has necessitated massive political data mining. Yet, the nexus between elections and technology poses challenges on protection of personal information. This article offers a critical discussion of legal and regulatory frameworks that govern protection of personal information in an election context. Using the international standards for personal data protection and lessons from Kenya and Ghana, it notes that Tanzania does not have a systematic regime for personal data protection. This leaves voters’ personal data without adequate protection. Accordingly, the adoption of the biometric technology in the process of registration of voters creates greater potentials for violations of personal data than it was the case with the optical mark recognition technology.Item Reign over me? Social-economic autonomy claims over land rights by Tanzania's Maasai(ECMI, 2019) Makulilo, Alexander B.Maasai are very famous for their profound practice of indigenous customs and traditions. Their social and economic activities largely depend on land. However, the colonial state -- and later the post-independent state -- actively initiated programmes to grab their land for tourism and farming. Ever since, the Maasai have placed the issue of land as central to the struggle for cultural and economic autonomy. The state, on the contrary, has taken an integration and assimilation approach to the Maasai. Yet, the advance of neo-liberal and market-oriented policies increasingly threaten the Maasai's practice of their indigenous life. This article, through the lens of Non-Territorial Autonomy, revisits the Maasai claims for land rights which thus inform their claims for cultural and economic autonomy. It notes that, legally, human rights protections cover constitutional rights and remedies in relation to pastoral livelihoods. However, as members of a minority community, such coverage is not adequate. The law takes all people as essentially belonging to a specific geographical space with a static authority over them.Item Where there is power, women are not: rethinking women and politics in Tanzania(Brill Publishers, 2020) Makulilo, Alexander B.The exclusion of women from politics is a historical and worldwide phenomenon. Evidently, the existing records within decision-making organs reveal significant under-representation of women. However, this state of affairs is neither natural nor unchanging. It must be noted that women suffer this political exclusion irrespective of the fact that they are demographically the majority in terms of population worldwide and in most individual countries. Tanzania is not distinct from this worldwide trend. Despite the fact that it is a signatory to several normative frameworks that seek for the inclusion of women in major decision-making organs, the actual situation is still critical. Using the public-private dichotomy, I note that the legal framework, nature of political parties, electoral system and economic position of women are central in explaining the exclusion of women from major decision organs.Item Who should slaughter animals and poultry? Rethinking the tensions between Muslims and Christians in Tanzania(Taylor & Francis, 2019) Makulilo, Alexander B.This chapter revisits the tension between Muslims and Christians in Tanzania. Although Tanzania is often associated with mutual co-existence between Muslims and Christians, there have been incidents that threaten human security in the country. The chapter particularly focuses on tensions over the right to slaughter animals and poultry, paying much attention to the 2013 incidences in Buseresere in Geita region. It notes that while there is a law which specifies where and how slaughtering should take place, as well as fees to be payable to persons slaughtering animals or birds, there is no law which states who has the right to slaughter such animals or birds, let alone from which religious affiliation. This legal lacuna has at times left it open for religious groups to compete over the right to slaughter animals and poultry. In order to accomplish this endeavour, this chapter relies largely on the analysis of legal materials as well as interviews of key stakeholders. The chapter demonstrates the need for tolerance and dialogue in order to promote human security.