Should Tanzania Ratify? : An Analysis of Individual Communication Procedure under the Optional Protocol to the International Covenant on Economic Social and Cultural Rights

Abstract\n\nAdoption of the Optional Protocol to International Covenant on Economic Social and Cultural Rights proves the Universality, indivisibility, interdependent and interrelated of ESC Rights. That is, the ESC rights can be justiciable just like civil and political rights. Tanzania ratified the ICESCR, yet the protection of ESC Rights remains questionable. This thesis analyses the extend to which URT Constitution, 1977 provides protection on ESC Rights, the justiciability of the same before courts of laws and under Tanzania Commission of Human Rights and Good Governance (CHRGG). A detailed evaluation based on the Individual Complaints Procedure under OP-ICESCR, its effectiveness, competency and impacts to Tanzania’s domestic law and judicial system. The benefits of ratification of the OP-ICESCR and its weaknesses of the OP are also highlighted. Finally, Comparative to jurisprudence as to South Africa legal system aims at delineating the real picture of a successful legal system on the protection and enforcement of ESC rights.