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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Derogation of Rights in States of Emergency: Shortcomings in the Tanzanian Law and Propositions for Reform
Author:Baimu, EvaristISNI
Periodical:East African Journal of Peace and Human Rights
Geographic terms:Tanzania
South Africa
Subjects:human rights
state of emergency
Law, Human Rights and Violence
Abstract:The rights and freedoms provided for in international and domestic human rights documents are not absolute. Human rights instruments may allow the suspension of rights using derogation clauses. The derogation clauses apply during a state of emergency when ordinary mechanisms are not sufficient and exceptional measures are necessary to deal with a threat to the life of the nation. This article examines whether Tanzania's state of emergency laws are compatible with international standards. It aims at determing whether there are appropriate procedures and mechanisms at the national level to ensure compliance with international standards particularly those of the International Covenant on Civil and Political Rights (ICCPR). The article is divided into four main parts. The first part examines the international standards related to the derogation of rights during a state of emergency. The second part assesses the application of international standards in the South African legal system. The third part scrutinizes the state of emergency laws in Tanzania and makes a comparative analysis of the state of emergency laws in Tanzania and South Africa. Propositions for reform of the Tanzanian state of emergency laws are made under part four. Notes, ref. [ASC Leiden abstract]