II. RECOMMENDATIONS

To the Tanzanian Government and the Zanzibar Government

· Respect the freedoms of expression, association, and assembly of the legitimate political opposition in Zanzibar, as well as all other Tanzanian citizens and residents. Ensure that opposition party members are not subject to arbitrary arrests and detentions, harassment, and intimidation.

· Ensure that the commission of inquiry set up to investigate the January 2001 violence in Zanzibar functions independently, and is provided with the necessary human and material resources to conduct a thorough and impartial investigation. Ensure that commission members have access to adequate training, including on international human rights standards, conducting fact-finding interviews (particularly with regard to rape victims), and witness protection. The investigation should ensure the protection of all persons who provide the commission with information, testimony, or evidence. The commission should report publicly, and in full, on its findings and recommendations.

· Investigate, take appropriate disciplinary action, and institute criminal proceedings against military, police, or militia personnel where there are credible allegations that they have been responsible for abuses, including extrajudicial killings, other excessive use of lethal force, assaults, torture and mistreatment (including rape and sexual abuse), arbitrary detentions, and looting and destruction of property, during the January 2001 violence in Zanzibar.

· Ensure that Tanzanian security forces, when facing civilian demonstrations, abide by international standards governing police conduct as set forth in the United Nations (U.N.) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the U.N. Code of Conduct for Law Enforcement Officials.

· Ensure equal access to medical treatment in government health facilities to all wounded, irrespective of their political or other affiliation. In particular, ensure that the requirement of police approval (form PF-3) is not used to deter or to harass injured people perceived to be political opponents from receiving medical care. Form PF-3 is required from the police before a hospital will treat certain types of injuries, such as bruises, cuts, bullet and other wounds.

To Donor Governments and Commonwealth Members

· Exert sustained pressure, including through public diplomacy, on the Tanzanian government to ensure that human rights are respected in Zanzibar. Tangible progress in the enactment of provisions in the October 2001 agreement that promote respect for human rights and the rule of law should be used as a measure in considering direct foreign assistance to the Tanzanian government. Failure to abide by the agreement should lead to a suspension of military equipment sales or assistance to the security forces that could be used to abuse human rights. Such progress should also be used to determine whether aid to the Zanzibar government, suspended since the 1995 election fraud, should be resumed.

· Provide logistical and financial support for the implementation of the October 2001 agreement, in particular, the commission of inquiry to investigate the January 2001 violence in Zanzibar. Use public diplomacy to press the government to ensure that the commission is vested with the powers and resources necessary to undertake a genuinely independent inquiry and to guarantee to make its full findings public.

· Sustain pressure on the government to initiate criminal prosecutions against those responsible for extrajudicial killings, or other excessive use of lethal force, assaults, torture (including rape and sexual abuse), arbitrary detentions, and looting and destruction of property, during the January 2001 violence.

To the International Monetary Fund and the World Bank

· Monitor assistance being given to the Tanzanian government under the Poverty Reduction and Growth Facility (PRGF) and Highly Indebted Poor Countries (HIPC) initiatives to ensure that these programs contribute directly to ensuring good governance and respect for the rule of law in Tanzania.