Separation of Child Prisoners from Adult Inmates in Mainland Tanzania Prisons: A Human Rights Perspective
Résumé
The continued practice of detaining children alongside adult inmates in places of detention in Mainland Tanzania presents a grave human rights concern. Despite Tanzania’s ratification of key international instruments such as the Convention on the Rights of the Child (1989) and domestic efforts through legislation like the Law of the Child Act, [CAP 13 R.E 2019], children are frequently held in adult correctional facilities. This paper examines the historical and systemic roots of this practice as well as the legal frameworks that govern the separation of child offenders. It analyses various human rights violations associated with this practice, including physical abuse, deprivation of education, and psychological trauma. It also identifies institutional and legal challenges, such as the lack of juvenile facilities, definitional inconsistencies across various laws, and insufficient training of law enforcement officers. Drawing on reports from the Commission for Human Rights and Good Governance and international standards like the Beijing and Mandela Rules, the study recommends comprehensive reforms, including legal amendments, infrastructure investment, and the promotion of alternative sentencing for juveniles. In conducting this study, both Doctrinal and Non-Doctrinal (Socio-Legal) Research approaches were employed. Under doctrinal research, the study relied on statutes, international treaties and Conventions, while under non-doctrinal research, the author conducted interviews with stakeholders mainly from within the prison authorities and observations on prison infrastructures to explore the challenges facing the separation process. This combination ensures a comprehensive analysis of the legal framework while incorporating real-life experiences and practical challenges facing the total separation of children from adults in Mainland Tanzanian prisons. The paper concludes that the separation of children from adult inmates in prisons, is both a legal imperative and a foundational step toward rehabilitative justice and child rights protection in Tanzania. It finally provides various recommendations to address the issue of separation within prison premises.
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Références
Viterbo, H. (2021). The Pitfalls of Separating Youth in Prison: A Critique of Age Segregated Incarceration, Vol 21 No 56.
Ranta, S. (2023). Rights of Children of Incarcerated Parents: A Constitutional Perspectives, Himachal Pradesh University, Vol 5, Issue 5.
Robertson, O. (2022). Children Imprisoned by Circumstances; Human Rights and Refugees Publications, The Quacker United Nations Office.
Isaya, F. Perspectives of Children and Young People with a Parent in Prison; Dar es Salaam University Press, Vol 2, No.12.
Moseley, E. (2019). Incarcerated-Children of Parents in Prison Impacted; Nairobi University Press
List of Legal Instruments
The Law of Child Act, [CAP. 13 R.E 2019].
The Prison Act, [CAP 58 R.E 2002].
The Education Act, [CAP 353 R.E. 2009].
The Community Service Act, [CAP 291 R.E. 2019].
The Probation of Offenders Act, CAP 247 R.E. 2010].
The Prisons Standing Orders, 2003.
List of Reports
National Audit Office National Audit Report on the Implementation of Prisoners Rehabilitation Programs; (Controller and Audit General, 2024).
The Commission for Human Rights and Good Governance’s Inspection of 2024.
Copyright (c) 2025 Thobias Agricola Kibuga
Ce travail est disponible sous la licence Creative Commons Attribution 4.0 International .
