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REPORT ON GENDER BASED VIOLENCE (GBV) CASES IN

ZANZIBAR

Key Findings of the Survey

TANZANIA MEDIA WOMEN ASSOCIATION (TAMWA) ZANZIBAR

Ali Sultan

DECEMBER 2017

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ACKNOWLEDGEMENTS

We wish to extend our sincere gratitude to the many people in

Zanzibar and who contributed to our survey. Their willingness

to openly share their perceptions and experiences has been

instrumental in informing thoughts on GBV issues in Zanzibar

and how best to counter the problem which is alarming in

Zanzibar. We specifically thank DANIDA and Care for supporting

the survey.

Special thanks must also go to our field research team - a team

of journalists who showed great tact and flexibility in carrying

out their work. These were Rahma Suleiman of Nipashe &

Chuchu FM, Mwajuma Juma of Majira & Zanzibar Leo, Zuhura

Said of Zanzibar Leo, Khatib Suleiman of Habari Leo and Salama

Bakar from ZBC Radio. Their dedication to the project has been

humbled.

TAMWA Director, Dr Mzuri Issa deserves enormous

appreciation for her tireless support to this work from the

beginning to the end. The completion of this draft therefore

owes a lot to her dedicated time and encouragements.

Lastly but not least, are TAMWA and ZAFELA’s staffs who were

always there to support me with the gender and legal terms in

the writing time. To mention the few were Hawra Shamte, Asha

Abdi, Fatma Kwale and Maryam Jecha.

Report writer,

Ali Sultan

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TABLE OF CONTENT

Executive Summary .................................................................... ii

TABLE OF CONTENT .................................................................... ii

1. Introduction ............................................................................ 1

2. Objectives of the Survey ......................................................... 2

2.1 Objectives of the Analysis .................................................. 2

3. Methodology .......................................................................... 2

4. Surveyed Areas ....................................................................... 3

5. GBV Burning Issues_ Common Scenario ................................. 4

6.The data collected at district level.Error! Bookmark not

defined.

6.2.1 Data Analysis ..................... Error! Bookmark not defined.

6.2 Data collection ..................... Error! Bookmark not defined.

7. Challenges/Limitations of Survey ........................................... 7

8. Existing Gaps ........................................................................... 8

9. Other Notable Gaps .................. Error! Bookmark not defined.

8. Case Studies .......................................................................... 15

8.1 case Study-1 .................................................................... 15

8.2 Case Study-2, Victim A ..................................................... 16

8.3 Case Study 2, Victim 2 .......... Error! Bookmark not defined.

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Other Notable Findings ............ Error! Bookmark not defined.

9. CONCLUSIONS AND RECOMMENDATIONS ........................... 16

Recommendation - 1: ................. Error! Bookmark not defined.

Recommendation - 2: ................. Error! Bookmark not defined.

Recommendation - 3: ................. Error! Bookmark not defined.

Recommendation - 4 on Law Enforcement Agency ......... Error!

Bookmark not defined.

Recommendation - 5 for the GovernmentError! Bookmark

not defined.

TABLE OF FIGURES

Table.1: The case of Makunduchi, Unguja south ................ Error!

Bookmark not defined.

Table.2: Number of Reported Claims 2015 - 2017 ..................... 6

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1. Introduction

In its bid to fight against Gender Based Violence, Tanzania

Media Women Association (TAMWA) with its local partners

funded by DANIDA and CARE commissioned a journalistic

survey between October 15 to November 20, 2017 covering six

districts in Zanzibar - both Unguja and Pemba.

After completion of data collection exercise, TAMWA had

conducted validation session which was attended by key

stakeholders involved in GBV cases - participants from the

Attorney General office, Director of Public Prosecution, from

representatives from judiciary plus community leaders, and

religious leaders. This was closely followed by a press

conference.

Furthermore, to make the survey cut across to public domain,

the findings of the survey was presented to all key stakeholders

during the climax of 16-days of activism, as part of the

campaign to stimulate action to end violence against women,

children and People With Disabilities (PWDs). The Department

of Culture, Tradition and Art in collaboration with Zanzibar

Interfaith Centre (ZANZIC) also requested the organization to

present the paper to their members and participants whose

perspectives were also included in this survey.

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2. Objectives of the Survey

The main objective of this survey was to look at the GBV

burning issues policy, laws and practices that are detrimental to

women and children welfare.

2.1 Objectives of the Analysis

• To find out the scope and menace of GBV acts in the

country which affect women, youth and PWDs

• To put into the limelight issues affecting women, youth

and PWDs in regard to access to legal remedies

• To set a comprehensive strategy which will address

policies, laws and practices at the local and national levels.

3. Methodology

3.1 Data collection

Five journalists were deployed in six districts; five from Unguja

and one from Pemba namely Wete where perceptions,

opinions and case studies were sought. Actors involved in the

interviews were ordinary citizens, community members, local

activists, Shehas, media persons, school teachers, government

officials especially at the district level, religious leaders and

police. The survey covered the period between 2016 and 2017.

In this survey, a total of 250 people were interviewed in all six

(6) districts as mentioned in table number 1 below:

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Table number 1 shows number of respondents in the districts

District Number of

Interviewees

North A 50

West A 41

West B 36

Wete 45

Central 43

South 35

TOTAL 250

3.2: Surveyed Areas

The survey was also complemented by a wide range of

literature review including policies and laws governing GBV.

Coverage /Surveyed Areas

• South District of Zanzibar: Covering Four shehias of Makunduchi (Nganani, Kijini,

Kajengwa and Kiongoni).

• North A District: Covering nine shehias - Chaani, Tazari, Mkwajuni, Matemwe

South, Tumbatu, Uvuvini, Mkokotoni, Kibeni, Mkwajuni,Chaani, Masingini.

• West A and B District: Bumbwisudi, Melinne, Kianga, Dole, Mwanakwerekwe, and

Pangawe

• Wete District (Pemba): Six shehias - (Kiungoni, Shengejuu, Mchangamdogo,

Kinyikani, Kangaganina Mjini Ole).

• Central District: Kidimni, Machui, Nganani, Marumbi

� South Region: Covering both Central and South District [inter-section of two

districts]

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3.3: GBV Burning Issues- Common Scenario

During the survey, it has been clearly noted there is worrying

trend of increasing cases of GBV, depicting ugly picture for

Zanzibar. It's despicable to note that rape cases (claims) are on

the increase. All rounds, GBV cases have been proliferate. The

following GBV burning issues are part of key findings for the

survey:

• Rape and defilement

• Abduction

• Abandonment of families, abandonment of child (throw a

child)

• Child Pregnancy [primarily for school children]

• Harassment (GBV) against people with disabilities

• Violence against children (VAC) - killings, abandonment,

child pregnancies, child stealing etc

• Indecent assault

• Defamatory

• Violent assault

• Intervening handicap

4.0: Survey findings:

The findings display an alarming trend of cases reported to the

police stations not alone cases which were not reported and

resolved at the family level or not reported any where.

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4.1: District level. The case of Unguja South

In Makunduchi, part of Unguja South district, the report shows

that among the claims reported, abduction and rapes are

leading the list. The record also shows that among the cases

referred to courts, only few have received judgment. This

displays delay of judgment in the courts of law.

Table number 2 depicts number of claims reported in the

Makunduchi police station, 2016/2017

Type of Claim Number Status

Rape 23 Reported to

police station

Abduction 32 Reported to

police station

Court Cases 42 Sent to court

from the police

Court Cases 17 Delivered Court

Judgment

4.2: At the Regional level:

At South Unguja, rape cases reported were 42, abduction 52.

The region is including Unguja South and Central districts. They

amount at 44.4% and 33.3% respectively. Table number 3

explains further.

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Table number 3 shows type of claims reported at the Unguja

South Region

4.3: National level

A total of 1,090 claims were reported at the six districts related

to GBV where rape and abductions were found prominent. The

leading districts with the reported claims were West B with 330

In a nutshell, out of 132 cases reported to South region,

according to police statistics. It indicates as follows:

Type of GBV Claims Number of Reported

Claims

%

Abduction 52 44.4

Raping 42 33.3

Indecent Assault 10 7.9%

Defamatory 10 7.9%

Attempted rape 1 0.79

Harassment by

telephone

1 0.79

Pregnancy 3 2.38

Intervening handicap 1 0.79

Grievous harmful attack

which the body

6 4.7

Child stealing 1 0.79

Violent Attack 1 0.79

Total 126 100

Source: Police Headquarter Zanzibar

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followed by West B with 212 amounting at 30% and 19%

respectively.

Table number 4, GBV claims reported at the six districts,

2016/2017

West

A

District

Wete

District

South Central North

A

West B

2016 146 43 44 60 62 203

2017 66 67 88 12 91 127

2016/17 212 110 132 72 153 330

TOTAL 1,090

Source: Police headquarter, district police station

4.4 . Challenges/Limitations of Survey

The GBV information is diffused across the country among the

law enforcement agencies, the government through Ministry of

Women and Social Welfare as well as Civil Society

Organizations (CSOs). This created duplication of information

and also omission. Therefore, to be consistent the surveyors

were instructed to rely on one single source of information

namely the Police force. However, at the police force the

information for the current year was kept only at the regional

level. The surveyors were therefore forced to sit with the Police

officers to identify claims at the district level to fit the purpose

of the survey.

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5.0: GBV issues

As explained in the study objective, the purpose is to curb GBV

prevalence which is alarming in the Zanzibar islands both

Unguja and Pemba. There were progress made so far in the

current years but there were also gaps crying for redress as

shown below.

5.i: Progress made

GBV fight has been going on led by various actors’ state and

non state based. Tracked from 2002, when TAMWA held its

first Violence Against Women project and therefore unleashed

several acts which were under reported by then and legal

access was totally unattainable for poor women and children;

some progress have been made. These include the followings:

a. increasing awareness: Awareness has been created especially

by non state actors to report cases from the grass root level

backed by the establishment of grass root networks and

mushrooming of CSOs.

b. Creation of One-Stop-Centre at Mnazi Mmoja Referral

Hospital where medical checkup is easily accessed among other

services: The centre includes also police and lawyers.

c. Establishment of gender desks at some police stations: This

has fuelled the mainstreaming of gender in the police force and

treated GBV cases with the sensitivity which is required.

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Fast track GBV claims by the DPP: DPP has been organizing

specific time to listen to all GBV related claims and push them

to the courts at a go.

5.ii: Existing gaps

Several gaps were found in regard to GBV reduction and access

to legal remedies as follows:

I . Community

� Community members are resolving GBV claims at the

family or community levels

� Affected family or witness fail to report or cooperate with

the law enforcement agencies fearing of retaliation by

criminals/suspects or let's say level of extremism against

victims and , or relatives of victims involved in GBV cases

� There are allegations that some suspects themselves or

families are economically well off and they marshal

lawyer/legal representative while the victim side doesn't

have such financial capability

� Concept of 'police investigation' which appears to be

cumbersome and later suspect is released apparently for

no valid legal reasons. Community members are back

sliding their efforts because reporting those GBV claims

are time consuming under the flimsy excuse of 'police

investigation'.

� Sheha still resolves GBV claims at their local level or

negotiate at police stations

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� Delays of cases from the police, DPP to the courts

disappoint people from moving on with the cases.

� Social cohesion’ – people know each other, close-knit

family. In that regard they often resort to out of court

settlements

� Witnesses claimed to have received threats - both physical

and verbal threats

� People present their claims to community belong to

mosques and religious leaders opt to resolve the situation

through ‘Shuurah.’

� In some cases, committee in charge of GBV issues at

shehia level withdrew themselves claiming that they have

been demoralized by court ruling

� Families have shun away from the norms and tradition of

Zanzibar in raising up their children. Among the open

aftermath is teenagers hang out during the evening and

nights which might attract rape and abductions.

ii. Director of Public Prosecutor

� The survey reveals that there is unreasonable delay that is

further denying rights of accused to be heard and the

victim or aggrieved party to feel that justice has been

done.

� Claimed that there is existing culture of complacency

within the DPP hierarchy. Therefore, at the court in many

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times the DPP prosecutor loses the cases against the

defending lawyer.

� Revealed that DPP takes too long to submit files to the

magistrate/lower courts

� Whilst appeals from victims remains the fate of DPP

depending on how expediency they are to proceed with

the claims. Generally, appeals end up at the DPP office.

iii. Police

• Wananchi (citizens) alleged that some police are still

resolving GBV claims or they influence victims to

reconcile with suspects

• Investigation of GBV claims takes too long leading

people to be disappointed and give up to continue

with the claims.

• Bureaucracy of reporting GBV claims; example, victim

(s) could be asked to go, for instance, police station X,

after waiting hours, then he/she will be asked to go to

station Y and henceforth

• Police fails to capture some of the culprits pending on

lack of identification and run out of Zanzibar. This is

not enough. Police should find mechanism hence

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demonstrate commitment to investigate and find run

away suspects and to booked them to justice.

iv. Judiciary/Court of Law

Magistrates do not refer the cases to the Higher courts for

bigger punishments as provided in the Criminal Procedure

(Amendment Act No. 7) of 2004 Section 11 of the Decree is

repealed and replaced as follows: Section 11.(1) states that

When a person is convicted at one trial of two or more

offences the Court may sentence him or her for such offences

to the several punishments prescribed therefore which such

Court is competent to impose; such punishments when

consisting of imprisonment, to commence the one after the

expiration of the other in such order as the Court may direct,

unless the Court directs that such punishments shall run

concurrently. (2) In the case of consecutive sentences it shall

not be necessary for the Court, by reason only of the aggregate

punishment for the several offences being in excess of the

punishment which is competent to impose on conviction for

a single offence, to send the offender for trial before a higher

Court as a result, sentences which are given are very minimal

which might not serve as a strong warning to those who would

like to try raping women and children.

In this survey it was noted that magistrate, however, doesn’t

affect their discretion for claims amounting to aggregate counts

of Section 11 (2) In the case of consecutive sentences it shall

not be necessary for the Court, by reason only of the aggregate

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punishment for the several offences being in excess of the

punishment which is competent to impose on conviction for a

single offence, to send the offender for trial before a higher

Court as a result , sentences which are given are very minimal

which might not serve as a strong warning to those who would

like to try raping women and children.

As provided in the Criminal Procedure (Amendment Act No. 7)

of 2004 section 11 (1) Section and 12 of the Decree is repealed

and replaced as follows:

As section 12(1) states that where under the provisions of this

Act a Subordinate Court convicts any person of an offence,

then, if on obtaining information as to the character and

antecedents of such a person or as to the circumstances and

the prevalence of the offence the Court is of the opinion that

they are such that greater punishment should be inflicted for

the offence than the Court has power to inflict, the Court may,

instead of dealing with him or her in any other manner, commit

the offender in custody to the higher Court for sentence in

accordance with the following provisions of this section Jail

sentences like 3, 5, or even 7 years do not argue well compare

to claims itself like rape, defilement and abduction. There were

precedents of which courts obstruct the ruling in famous

Jambiani and Paje case whereby an accused had raped seven

young girls but he was sentenced to seven years in jail,

considered to be one count.

It is clear that some accused have been sentenced but few days

later they have been spotted/seen to our

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localities/neighborhood free; a good case studies here are

Kizimkazi and Makunduchi.

Similarly, GBV claims take too long before hearing and hence

handed down judgment. The survey also finds that

administration of justice offences are taking up an inordinate

amount of court time, which is thereby contributing to court

delays for trials.

v. Media

• Media outlets have been in the front to report all GBV

claims, ranging from the print, electronics and most

recently, social media. Nevertheless, the findings during

the validation session for this survey indicates that media

practitioners especially the juniors lack techniques and

know-how conversantly on reporting GBV claims (i) legal

aspect of reporting (ii) the gist of GBV reporting itself, that

is, the basics and understanding of issues themselves.

vi. Government

• The government has not invested heavily in one stop

centre which could reduce the burden of proof by the

affected families moving from stop to stop for witnesses

over a lengthy of time.

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Vii: Civil Society Organizations (CSO)

• CSOs lack dialogues and engagement with the policy

makers in order to up root the problem.

5 iii Case Studies

Case Study-1 on discharging of the culprits by the High Court

• C

a

s

e

S

t

u

d

y

1

:

• CJ Review of Criminal case No. 12 of 2017

Chief Justice upheld District Court judgment to set free Defendant IssaMwemaIssa of

Makunduchi

The Chief Justice of Zanzibar, Hon. Omar Othman Makungu had upended a ruling handed down on

may 2, 2017 against IssaMwemaIssa, accused for committing two crimes - abduction of underage girl

under her supervision of her parents against her consent as first count which is against Section 130 9a)

of criminal law; and second count to defame her which is against the law according to Penal Code No. 6

of 2007 Section 131 (1) of Zanzibar Laws.

The CJ claimed that after careful reviewing of the judgment based on that fact the prosecution brought

together nine witnesses for the case but all witnesses were not on the scene of the crime henceforth their

evidence undoubtedly framed. Similarly, the accused brought only two witnesses to prove his case.

The CJ further claimed that if you leave doctor's evidence after conducting thorough investigation

(PW8), and investigator (PW 9) the rest of the evidence remains to be doubtful.

The district Magistrate had sentenced the defendant IssaMwemaIssa to serve five years jail sentence.

Furthermore, the CJ claimed that the District Magisrate had failed to realise that the evidence brought

forward before were doubtful which is weak and framed while evidence from the defendant remains to

be strong.

Based on the facts that the weight of argument, and evidences provided henceforth by prosecution side,

I, CJ, declared that IssaMwemaIssa, stands as accused of this case should be set free considering that

there is huge contradiction on witnesses over this case while the magistrate wholly failed to detect those

flops in this case.

From that legal argument, as a Chief Justice, I am satisfied to say that the District Magistrate had failed

to analyze eventually realize that discrepancies shrouded in this case on the evidence provided were

doubtful.

•

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Case Study-2, Victim A

Case Study 3, Victim B

6. RECOMMENDATIONS

Basing on the gaps identified above we therefore recommend

the followings to the key actors:

Case Study-2, girl testimony who was impregnated and abondoned

A good example is a rape case when it was reported during the survey in West A

district when a 15-year-old was cheated by a man promising to marry her. But after

he impregnated her, he simply abandoned. No doubt, this carries huge social impact

to a girl, perhaps family. She was isolated by family members.

Case Study 3, a rape case of which the perpetrator was not caught still unknown

Another case took place at Fuoni Kibondeni area when a 15 years old girl was

raped by a 35 years old man, who was a close neighbor. The girl was going to

nearby shop to but some basic items but a man called her luring her that he wanted

to ask the girl but when she reached closer to him as if he wanted to give her

money.

The man forced her to enter into the shop, raped and impregnate her before the

man fled the area forever. No case because the man fled the place and nobody

knows whereabouts of him.

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6.1 Courts of laws:

• Strongly recommended that lower courts at no time

should pursue GBV cases dispensable to their jurisdiction

instead they should refer them to the high court. This will

ensure the imprisonment of 30 years jail terms as allowed

by Penal code act of 2004. The current situations where

lower courts have been glass ceiling therefore undermine

the power of this law.

• Criminal Procedure Act NO.7 of 2004 should be reviewed.

It needs to increase jurisdiction of lower courts particularly

district and regional based to punish perpetrators with

maximum sentences up to 30 years.

• The High Court Act no.2 of 1985 which empowers the High

Court to review cases from the lower courts should be

checked upon to realize objectivity and transparency. The

experience of only intervening to reducing or removing

altogether perpetrators from jail should be conducted

with strong legal grounds to overturn the earlier evidence.

In any case the results and procedures should be kept

open. and should not at all basing on a single Judge’s . The

section 7( 3) which states ‘’ Appeals in criminal and civil

matters under this section shall be heard by one or more

judges of the High Court as the Chief Justice may from

time to time direct” should be honored and treated with

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gender sensitivity. Section 8 (2) after all provides a room

for open hearing as “This power, jurisdiction and

authority may be exercised in open court or in chambers

in the discretion of the judge”

• Strongly recommended that the court should set a

commitment of time for hearing and ruling of GBV cases ;

preferably 3-months (90 days).

• Set up special magistrates to handle GBV claims. This will

enable cases to be treated with gender sensitivity.

6.2: Government

The government to provide specific support to communities

understand the steps to take immediately after the act of rape,

including getting a form of police (PF3), evidence of doctor with

medicine-saving /preventing from HIV infection within 72 hours

popularly known as Pre-exposure prophylaxis (or PrEP).

The government should invest more on One-Stop-Centre put in

place all officials needed, cameras & television and a

centralized data base system. This will avoid dilly dallies of

claims/cases and quicker access of information.

6.3: Communities/Public

Awareness, education and information is important for the

general public to understand GBV claims and its dynamics

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• The general public also should be given enough education

to understand the importance of standing firm to give out

their evidence as witness provided that evidence act of

2016 reduced the burden of proof.

• Make public campaign on revival of Zanzibar customs,

values and traditions, For example: children should not

stay out beyond 2.00pm. Members of the community

need to know and understand this emphasizing on

parental responsibilities.

6.4: Police

• Police should set time limit for conducting all GBV claims.

For the best interest of the expediency and dispensation of

justice, it is recommended that 90 days are reasonable

time to pursue those GBV claims/investigation.

• In any circumstances that may prevail, police should not

resolve GBV claims and reporting mechanism should be

open to report such attempts by the police officers.

• The police force should be engendered to allow staff to

receive claims from citizens wherever they come from and

avoid the referral game.

• Police must make sure it captures all perpetrators of GBV

unlike the current trend where some manage to run away

and remain scot free.

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6.5: Director of Public Prosecution (DPP)

• DPP office should distinguish strong preparation of the

GBV claims

• Investigation of the DPP should not exceed three months

• Referral cases should equally be given limited time such as

two to three months instead of the current situation

where appellants wait forever.

6.6: Media

Media should continue to create public awareness on GBV

claims/cases and its trend thus the general public and

relevant institutions will understand the gravity of the

problem. Media should also be trained on court reporting

especially juniors.

6.7: Cultural activities

All cultural activities like songs, drama, traditional dance

and so forth should relay the message of fighting against

GBV.

Religious leaders also should address this issue in their

platforms; Mosques, Madrasas, Churches, Sunday Schools

etc.

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6.8: Civil Society Organizations (CSO)

CSO should continue to use channel of communication to

do advocacy, promote public dialogues, encourage

community, public institutions to debate and float more

open discussion on the issues of GBV.

Engage with key stakeholders mentioned in this survey

state and non state to discuss GBV issues.