Tanzania: The national military legislation, including whether military service is compulsory, penalties for desertion, military courts and the existence of alternative service for conscientious objectors (1990s-September 2001)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 10 September 2001 |
| Citation / Document Symbol | TZA37811.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Tanzania: The national military legislation, including whether military service is compulsory, penalties for desertion, military courts and the existence of alternative service for conscientious objectors (1990s-September 2001), 10 September 2001, TZA37811.E, available at: https://www.refworld.org/docid/3df4beb80.html [accessed 22 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Information on the Tanzania military legislation is limited among the sources consulted by the Research Directorate.
According to DiscoverySchool website, "military service is voluntary" in Tanzania (2001).
Citing the Tanzania Minister for Defence and National Service, a 20 February 1999 article stated that the Tanzania government "has revived the enrolment of youths to the National Service for military training and development activities, effective the next financial year [ ...]. The government suspended National Service, which was a compulsory military training for student graduating from high schools and college, in 1994 because of financial constraints. The same training involved primary school leavers who enrolled on voluntary basis." (The Guardian 20 Feb. 1999).
In its March 1999 report, The Coalition to Stop the Use of Child Soldiers wrote that, in Tanzania, "its seems that it [military service] is still compulsory for youths who want to get a government job, to receive a vocational training or to enter university [while] another variant of national service is done on a voluntary basis."
The same report noted that, "most sources suggested that [the compulsory] national service lasts for three years even if it has been stated that the service mostly lasts for only one year."
Citing the Tanzania Prime Minister, a 24 December 1992 report stated that the government does not intend to abolish the National Service, judged as "the only institution capable of uniting the youth for a common purpose" (Xhinua 24 Dec. 1992).
The Minister Plenipotentiary within the High Commission for the United Republic of Tanzania in Ottawa stated, during a 5 September 2001 telephone interview, that currently in her country, military service is done on voluntary basis. However, she added that in the past, after completing their secondary school, all students used to perform one-year mandatory military training. This variant military service was suspended because of financial constraints. She explained that, before its suspension, students who did not want to enrol in military activities could perform in other areas, including agricultural and civic educational.
Information on penalties for desertion and military courts could not be found among the sources consulted by the Research Directorate. However, the following description from Country Reports 2001 of the Tanzania legal system may be of interest.
The legal system is based on the British model, with modifications to accommodate customary and Islamic law in civil cases. Christians are governed by customary or statutory law in both civil and criminal matters. Muslims may apply either customary law or Islamic law in civil matters. The court system consists of primary courts, district courts, the High Court, and the Court of Appeal. Advocates defend clients in all courts, except in the primary courts. There is no trial by jury. In addition to judges, there are district (or resident) magistrates. The law also provides for commercial courts, land tribunals, housing tribunals, and military tribunals. Military courts do not try civilians, and there are no security courts. Defendants in civil and military courts may appeal decisions to the High Court and Court of Appeal Court of Appeal (2001, Sect. 1.e).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Country Reports of Human Rights Practices for 2000. 2001. United States Department of State.
DiscoverySchool. 2001. "A-Z Geography>Tanzania."
The Guardian Web site [Dar Es Salaam, in English]. 20 February 1999. "Tanzania Set to Revive Compulsory Military Service for School Leavers." (BBC Summary 20 Feb./NEXIS)
The High Commission for the United Republic of Tanzania, Ottawa. 5 September 2001. Telephone interview with the ministry-plenipotentiary.
The International Coalition to Stop the Use of Child Soldiers. March 1999. "Africa Report."
The Xinhua. 24 December 1992. "Tanzania National Service to be Restructured." (NEXIS)
Additional Sources Consulted
Africa Confidential 1990-2001.
Africa Research Bulletin 1993-2001.
Amnesty International. 1991-2001. Annual Reports.
Human Rights Watch (HRW). 1991-2001.
Indian Ocean Newsletter 1994-2001.
Jeune Afrique/L'Intelligent 1993-2001.
LEXIS/NEXIS.
Resource Centre country file. Tanzania. 1993-2001.
Internet sites, including:
Amnesty International
Government of the United Republic of Tanzania.
Human Rights Watch (HRW).
Jane's Intelligence Review.
ReliefWeb.
War Resister's International.
Search Engines, including:
Fast.
Google.
Lycos.
