Protection of Prisoners’ Rights to Humane Treatment in Tanzania: Examining the Legal and Practical Barriers to Compliance with International Standards

The protection of prisoners’ rights to humane treatment constitutes a fundamental obligation for Tanzania under international human rights law. Despite the existing obligation, different literature reveals that prisoners in Tanzania experience physical abuse, torture and poor living conditions. This paper examines the legal and practical barriers to Tanzania’s compliance with the International Standards on the protection of prisoners’ rights to humane treatment. The study employed both documentary and empirical methods in collecting data, which were analysed through content and thematic analysis, respectively. The paper found that the prison laws institutionalise the prison service as a military-oriented body that emphasises the use of force and punishment than rehabilitation. The law also lacks a prisoners’ impartial complaint mechanism and a stable institution for ensuring accountability in the prison service. Practically, overcrowding in prisons, inadequate financial and human resources and insufficient human rights training impede the implementation of the International Standards. The study recommends an amendment of the laws to transform the philosophy of the prison service to reformation of prisoners, establishment of fair complaint procedures for prisoners and abolition of corporal punishments. Practically, the government should strengthen its political will to allocate enough budget to ensure humane treatment in health services and accommodation facilities.