CHILDREN IN CONFLICT WITH THE LAW IN TANZANIA: AN EXAMINATION OF THE EFFECTIVENESS OF LEGAL AND INSTITUTIONAL SAFEGUARDS AGAINST IMPRISONMENT
The protection of children in conflict with the law requires a justice system that recognizes their age, developmental status, vulnerability and capacity for rehabilitation. Although imprisonment is generally associated with punishment, its application to children raises particular concerns relating to liberty, dignity, development, education, family relationships and reintegration. Tanzania has established a comprehensive legal framework governing children in conflict with the law, including specialized juvenile courts, child-sensitive procedures, diversion, bail, social welfare assessment and alternative forms of disposition. Most importantly, section 120(1) of the Law of the Child Act provides that a child shall not be sentenced to imprisonment. This article examines the effectiveness of the legal and institutional safeguards established in Tanzania to protect children against imprisonment. The study adopts a doctrinal methodology based on the Constitution of the United Republic of Tanzania, legislation, subsidiary legislation, judicial decisions, policy and regulatory materials, international and regional instruments, and relevant scholarly literature. The article finds that Tanzania has a strong formal legal framework that substantially limits the use of imprisonment against children. The Law of the Child Act and the Law of the Child (Juvenile Court Procedure) Rules establish safeguards concerning age determination, bail, remand, legal assistance, social enquiry, diversion and alternative dispositions. Judicial decisions have also demonstrated the willingness of courts to correct unlawful custodial outcomes involving children. Nevertheless, the effectiveness of these safeguards is affected by implementation challenges, including inadequate awareness of child-specific legal requirements, difficulties in age determination, limited social welfare capacity, insufficient availability of non-custodial and rehabilitation facilities, inadequate separation of children from adults in custodial settings, and inconsistent access to legal assistance. The article argues that the principal challenge is therefore not the complete absence of legal protection but the effective implementation and coordination of existing safeguards. It recommends strengthened child justice training, improved institutional coordination, expansion of diversion and non-custodial measures, enhanced legal aid and social welfare services, improved child-specific custodial standards and stronger monitoring of compliance with the statutory prohibition against child imprisonment.
Keywords: Children in conflict with the law, child imprisonment, juvenile justice, diversion, legal safeguards, Tanzania, child rights.
