This country is placed in Band E

Recommendations Unavailable

Policy recommendations not available for this country's assessment

Leadership 30
01.
score
1

Is there formal provision for effective and independent legislative scrutiny of defence policy?

Researcher + Peer Reviewer4110: Parliament provides for a defence and Security Committee, whose task is to undertake formal and effective independent legislative scrutiny of defence policy (1). Prior to February 2013, the committee was subsumed under the Foreign Affairs, Defence and Security Committee. This was disbanded when Speaker of Parliament Anne Makinda sought to strengthen parliamentary committees on the basis that many failed to carry out their designated duties (3). For example, a sale by British firm BAE to the Tanzanian government of an aircraft control radar system in 2010 was not reviewed by the committee. Although the committee's former chairman – former Prime Minister Edward Lowassa – was in 2011 forced to resign over a fraud scandal, though he was never convicted.

The defence and Security Committee is responsible for considering matters related to Public Defence and National Security including expenditure estimates, investigating complaints and providing additional legislative scrutiny of government defence policy. The 15 members of the committee are appointed by the Speaker of Parliament, while the chair – a position currently held by MP Anna Abdallah of the ruling Chama Cha Mapinduzi (CCM) – is elected by parliament. Individual regions also have their own defence and security committees that operate on a local level.

Media reports suggest the committee has some degree of influence over defence policy, as highlighted by ongoing parliamentary debate on whether the Tanzania People's Defence Forces should deploy to Somalia. Meanwhile, the security forces are implementing at least some recommendations made by the new parliamentary committee, such as only employing individuals who have undergone National Service training into Tanzania’s security organs, suggesting parliamentary debate is undertaken and its outcomes are followed up on. However, while the parliamentary committee reshuffle of 2013 has somewhat improved the committee’s ability to review and influence government defence policy, it is departing from a very low base, with the amount of defence information provided to the committee remaining limited. This diminishes the committee's ability to carry out its functions as it does not always have access to the full amount of information needed for an open debate. Moreover, parliament, is vulnerable to strong executive influence. According to the constitution (1), the president maintains the right to veto legislative decisions. Parliamentary majorities also have the power to veto.

COMMENTS -+

1) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

2) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; in Le Roux, accessed August 3 2014, http://www.agora-parl.org/sites/default/files/Tanzania.pdf.

3) Bunge overhauls its standing committees, Bunge e-Newsletter, http://www.tanzania.go.tz/egov_uploads/documents/newsletter_feb_2013_sw.pdf, published February 2013, accessed August 2014.

4) Tanzania: New Parliamentary Oversight Committees have started well, Tanzania Daily News, http://allafrica.com/stories/201304010775.html, published March 2013, accessed August 2014.

5) Tanzania: MPs elect new committee chairpersons, Tanzania Daily News, http://allafrica.com/stories/201303180687.html, published March 2013, accessed August 2014.

6) Tanzania: will the new parliamentary committees sustain the heat?, Tanzania Daily News, http://allafrica.com/stories/201304010923.html?page=2, published April 2013, accessed August 2014.

7) Tanzania: more than 40,000 form six leavers for JKT in 2014/15, Tanzania Daily News, http://allafrica.com/stories/201405140545.html, published May 2014, accessed August 2014

8) The Rising Terrorist Threat in Tanzania: Domestic Islamist Militancy and Regional Threats - Analysis, Eurasia Review, http://www.eurasiareview.com/24092014-rising-terrorist-threat-tanzania-domestic-islamist-militancy-regional-threats-analysis/, published September 2014, accessed February 2015

9) Tanzanian politics at a crossroads, Africa Research Institute, http://www.africaresearchinstitute.org/blog/tanzanian-politics-crossroads/, published November 2014, accessed February 2015.

10) Tanzanian citizens assess the performance of parliament and consider its respensibility for legislation and oversight, Afrobarometer, http://www.afrobarometer.org/files/documents/briefing_papers/afrobriefno133.pdf, published March 2014, accessed February 2015.

11) The Constitution of the United Republic of Tanzania, available at www.judiciary.go.tz/downloads/constitution.pdf {Accessed on 16/05/2015}

12) Baregu, M (2009) Africom and Africa's Security Dilemma in Citizen-Dar es Salaam, 30th December 2009

13) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}&quoute;

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: It is important to add that Chapter 3 of the Constitution provides for the formation, composition and functions of the Standing Committees of parliament, one of which is the defence and Security Committee. This means that there is a formal provision for an independent parliamentary committee to scrutinize defence policy. The problem is that this committee is weak and ineffective in playing this role as explained by the Researcher. The weakness and ineffectiveness of this committee emanates from different sources including lack of detailed information(Open Budget Survey 2012 for Tanzania) for the committee to work with but also the fact that the military is an integral part of the ruling party-CCM and the executive. Baregu (2009) therefore argues that the &quoute;defence policy in Tanzania is an exclusive domain of the executive&quoute;. This hampers parliamentary oversight of the military and defence sector.

Sources:
1.The Constitution of the United Republic of Tanzania, available at www.judiciary.go.tz/downloads/constitution.pdf {Accessed on 16/05/2015}

2. Baregu, M (2009) Africom and Africa's Security Dilemma in Citizen-Dar es Salaam, 30th December 2009

3. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

Suggested score:

Peer Reviewer-+

02.
score
1

Does the country have an identifiable and effective parliamentary defence and security committee (or similar such organisation) to exercise oversight?

Researcher + Peer Reviewer4110: Parliament has provided for a defence and Security Committee since February 2013, prior to which its responsibilities were subsumed under the Foreign Affairs, Defence and Security Committee. The functions of the committees listed appear to have been divided and rearranged rather than eliminated (source 2). As mentioned in Question 1, limited information is provided to the committee which impacts its effectiveness.

The defence and Security Committee is responsible for considering matters related to Public Defence and National Security including expenditure estimates, investigating complaints and providing additional legislative scrutiny of government defence policy (source 2). In addition, the committee has the power to make reports and recommendations to parliament, which the government is required to respond to within a three month timeframe, although as reported in the Tanzania Daily News, it is &quoute;not rare for a government to fail to meet this self-imposed time frame&quoute; (source 6). This is likely reflecting capacity constraints, although research found no specific examples to examine of the defence committee having failed to respond to deadlines. The 15 members of the committee are appointed by the Speaker of Parliament, while the chair – a position currently held by MP Anna Abdallah of the ruling Chama Cha Mapinduzi (CCM) – is elected by parliament. Individual regions also have their own defence and security committees that operate on a local level.

In practice, the Defence and Security Committee’s ability to exercise oversight is limited by the lack of information provided to it by the defence ministry (source 1). Although the government has denied reports that defence budgets are kept secret, it has admitted that parliament avoids debating expenditure estimates for national security reasons (source 1).

COMMENTS -+

1) Tanzania: Security forces' accounts open for public scrutiny, Tanzania Daily News, http://allafrica.com/stories/201302080106.html, published February 2013, accessed August 2014.

2) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

3) Bunge overhaults its standing committees, Bunge e-Newsletter, http://www.tanzania.go.tz/egov_uploads/documents/newsletter_feb_2013_sw.pdf, published February 2013, accessed August 2014.

4) Tanzania: New Parliamentary Oversight Committees have started well, Tanzania Daily News, http://allafrica.com/stories/201304010775.html, published March 2013, accessed August 2014.

5) Tanzania: MPs elect new committee chairpersons, Tanzania Daily News, http://allafrica.com/stories/201303180687.html, published March 2013, accessed August 2014.

6) Tanzania: will the new parliamentary committees sustain the heat?, Tanzania Daily News, http://allafrica.com/stories/201304010923.html?page=2, published April 2013, accessed August 2014

7) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}&quoute;

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Chapter 3 of the Tanzanian Constitution provides for an identifiable parliamentary defence and Security Committee to exercise such oversight over the military. However its effectiveness is in question due to lack of detailed information(Open Budget Survey 2012 for Tanzania) to effectively carry out its oversight role that includes matters regarding defence estimates of expenditure in the annual budget proposals of the Ministry of defence and National Service and the Police and Prison Departments. The executive does not provide detailed information due to the perceived secrecy of military and defence information.

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

Suggested score:

Peer Reviewer-+

03.
score
0

Is the country's national defence policy debated and publicly available?

Researcher + Peer Reviewer4110: Academic research traces Tanzania's development of formal defence policy, indicating its existence and the broader strategic considerations that have underpinned it (source 1). There is very little publicly available information on the government's defence policy however, while there have been no open public debates over the content or direction of defence policy over the past several years. Although there is no mention in the National Defence Act of 1966 or the National Security Act of 1970 that defence policy must be classified or kept secret, the government has admitted that parliament avoids debating defence issues such as procurement, budgets and stocking of military weapons to protect national security (source 6).

Moreover, although there appears to be an internal review mechanism in the form of the Defence Forces Committee – as mandated by section 7 of the National Defence Act – there is no civilian oversight for this body. The committee is made up of the Defence Minister, Chief of Defence Forces, the Principal Secretary for the Department of National Defence, the Chief of Personnel for the Defence Forces, other military members to be appointed by the defence minister as needed, and an accounting officer. The role of this committee is that of reviewing policy regarding the administration and supply of the defence forces.

RESPONSE TO PEER REVIEWER 1: The available evidence indicates that a formal defence policy is likely to exist, as Peer Reviewer 2's comments have also pointed to. Agree that this has not been made available to the public in any part however, nor debated publicly for some years. Score changed from 1 to 0 in line with criteria.

COMMENTS -+

1) Nestor Luanda (2005), &quoute;A Changing Conception of Defence: A Historical Perspective of the Military in Tanzania&quoute; in: Evolutions and Revolutions: A contemporary history of militaries in Southern Africa (ed. Martin Rupiya), Institute for Security Studies, pp295-312. https://www.issafrica.org/uploads/EVOLUTCHAP11.PDF; http://www.isn.ethz.ch/Digital-Library/Publications/Detail/?lang=en&id=108579

2) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

3) The National Security Act, 1970, http://www.tanzania.go.tz/egov_uploads/documents/NATIONAL_SECURITY_ACT_sw.pdf, accessed August 2014.

4) Abillah H. Omari (2002) &quoute; Civil Military Relations in Tanzania&quoute; In Ourselves to Know: Civil Military Relations and defence Transformation in Southern Africa edited by Rocky Williams, Garvin Cawthra and Diane Abrahams, Institute of Strategic Studies

5) Ministry of defence and National Service available at www.tanzania.go.tz/government/defence.htm {Accessed on 17/05/2015}&quoute;

6) Tanzania: Security forces' accounts open for public scrutiny, Tanzania Daily News, http://allafrica.com/stories/201302080106.html, published February 2013, accessed August 2014.

SOURCES -+

Opinion: Disagree

Comment: Like most countries in Africa, I don't think Tanzania defence policy is open for discussion or readily available to the public.

Suggested score: 0

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Tanzanian national defence policy is formulated by the National defence and Security Council without any public involvement or participation and the defence policy is not publicly available. One only gets to understand partly what Tanzania defence policy is through statements from government senior officials including the President and the country actions towards conflicts-basically that Tanzania favors peaceful resolution of conflicts and disputes and friendly towards its neighbors. For example Tanzania helped broker peace talks in the Burindi conflict and supports the Lusaka agreement concerning the conflict in the Democratic Republic of Congo. Tanzania is also a member of the Small Arms Reduction Protocol in East Africa. Omari (2002) argues that Tanzania defence policy emphasizes maintaining favorable civil-military relations and anchored on total national defence and security.

Sources:
1. Abillah H. Omari (2002) &quoute; Civil Military Relations in Tanzania&quoute; In Ourselves to Know: Civil Military Relations and defence Transformation in Southern Africa edited by Rocky Williams, Garvin Cawthra and Diane Abrahams, Institute of Strategic Studies

2. Ministry of defence and National Service available at www.tanzania.go.tz/government/defence.htm {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

04.
score
1

Do defence and security institutions have a policy, or evidence, of openness towards civil society organisations (CSOs) when dealing with issues of corruption? If no, is there precedent for CSO involvement in general government anti-corruption initiatives?

Researcher + Peer Reviewer4110: There are no provisions for the defence sector’s engagement with Civil Society Organisations (CSOs) in the National Defence Act of 1966 or the National Security Act of 1970 or the Tanzanian constitution. Research institutions and a interview with a local civil society representative revealed that CSOs do work with the government, including the defence forces and ministry. However, engagement is very limited, and when they attempt to engage with these departments on policy or other sensitive issues such as corruption they find difficulties in accessing the information they need to carry out their duties. As a result, there are currently no CSOs that focus their work on defence issues, nor are there examples of public engagement on sensitive issues between CSOs and the defence sector.

Moreover, evidence suggests that the government has made attempts to limit CSO activity by erecting bureaucratic and other barriers. For example, a study conducted by one CSO, Partnership for Development Effectiveness in 2013 indicated the government was considering restricting foreign funding to CSOs engaged in policymaking, many of whom derive most of their funding from these sources. CSOs also frequently report that although the government may grant them consultations, they receive limited access to the documentation they need to make informed recommendations.

RESPONSE TO PEER REVIEWERS: Evidence that the defence sector has engaged with CSOs, albeit to a limited extent, rules out score 0. At the same time, the criteria for score 2 would require evidence to suggest defence institutions are actively seeking CSO involvement, such as through NACSAP II or any other programme, and particularly on sensitive subjects. Score maintained.

COMMENTS -+

1) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) The National Security Act, 1970, http://www.tanzania.go.tz/egov_uploads/documents/NATIONAL_SECURITY_ACT_sw.pdf, accessed August 2014.

3) The Constitution of the United Republic of Tanzania, http://www.judiciary.go.tz/downloads/constitution.pdf, accessed August 2014.

4) An enabling environment for civil society organisations: a synethesis of evidence of progress since Busan, CSO Partnership for development effectiveness, http://www.ccic.ca/_files/en/what_we_do/2014_02_20_Synthesis_of_CSO_Evidence_%20for_%20Indicator_%202.pdf, published October 2013, accessed August 2014.

5) Tanzania: civil societies upbeat on oil and gas policy, Tanzania Daily News, http://allafrica.com/stories/201406050149.html, published June 2014, accessed August 2014.

6) Interview with Source 1: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

7) Tackling the Dangerous Drift, The Open Society Foundation, http://www.opensocietyfoundations.org/sites/default/files/tackling-dangerous-drift-20140514.pdf, published June 2013, accessed February 2015.

SOURCES -+

Opinion: Disagree

Comment: Civil society advocacy space in Tanzania is limited and a challenge, primarily on the basis that the Tanzania laws prohibit CSOs from engaging in politics and partisanship, without clearly defining these terms.

A survey of CSOs in 2013 established that their biggest challenge was political influences, while other organisations said they had been branded anti-state agents of Western powers, supporters of opposition parties, or money-minded trouble-mongers.

Kepa, 2013. Reflections on the state of civil society in Tanzania
https://www.kepa.fi/tiedostot/cs_tanzania_2013.pdf

Africa Review, 2015. Tanzania tightens grip on civil society ahead of polls, November 14 2014 at 12:44
http://www.africareview.com/Special-Reports/Tanzania-tightens-grip-on-civil-society-ahead-of-polls/-/979182/2522352/-/be7c9x/-/index.htm

Suggested score: 0

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: NACSAP II encourages strategic partnerships between Anti-corruption agencies and CSOs in general fighting of corruption in the country (not specifically focusing on the defence and security sector) and there are examples of such engagement. In June 2010 NACSAP II trained editors and senior journalists in investigative journalism and improving media relations with the Prevention and Combating of Corruption Bureau. In the same year NACSAP II spearheaded the formation of Civil Society Anti-Corruption Coalition registered as Tanzania Anti-Corruption Network consisting of 33 NGOs from 17 regions. The group has held several meetings on Anti-Corruption and Good Governance.

Sources:
1.NACSAP II Progress Report-January-June 2010

2.NACSAP II Progress Report January-December 2010

3.NACSAP II Implementation Report 2012

4. Final Revised Draft Report on Evaluation of Enhanced NACSAP II-2008-2011 for the Republic of Tanzania submitted on September 2012 to PCCB and UNDP Tanzania.

Suggested score: 2

Peer Reviewer-+

05.
score
3

Has the country signed up to international anti-corruption instruments such as, but not exclusively or necessarily, UNCAC and the OECD Convention? (In your answer, please specify which.)

Researcher + Peer Reviewer4110: Tanzania is a signatory to the UN Convention against Corruption, which it signed in 2003 and ratified in 2005. It also signed the African Union Convention on Preventing and Combating corruption in 2003 and ratified it in 2005. As a member of the Southern African Development Community (SADC), it also signed the SADC protocol against corruption, which was ratified in 2003 and came into force in 2005. Tanzania is not eligible to sign the Organisation for Economic Co-operation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

In order to implement the international conventions Tanzania has enacted anti-corruption legislation including the Prevention and Combating of Corruption Act and the Anti-Money Laundering Act. While this appears to indicate that strong anti-corruption measures exist on paper, according to the United Nations Office on Drugs and Crime there is little evidence of investigation and prosecution of corrupt practices, and there is limited legislative protection for whistleblowers or informants (the UN business anti-corruption portal reiterated these issues).

COMMENTS -+

1) United Nations Convention against Corruption Signatories and Ratification Status as of 2 April 2014, https://www.unodc.org/unodc/en/treaties/CAC/signatories.html, accessed August 2014.

2) OECD Convention on combating bribery of foreign public officials in International business transactions: ratification status as of 21 May 2014, http://www.oecd.org/daf/anti-bribery/WGBRatificationStatus.pdf, accessed August 2014.

3) List of countries which have signed, ratified/accepted to the African Union convention on preventing and combating corruption, http://www.au.int/en/sites/default/files/Corruption_0.pdf, accessed August 2014.

4) Tanzania: UNCAC review experience: good practice, June 2014, Vienna, Austria, http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/2-6June2014/PanelPresentations/Tanzania_presentation_good_practices.pdf, published June 2014, accessed August 2014.

5) Country review report of the United Republic of Tanzania, United Nations Office on Drugs and Crime, http://www.pccb.go.tz/images/stories/global_initiatives/Final_Country_Review_2014.pdf, accessed August 2014.

6) Southern African Development Community (SADC) protocol against corruption, http://archive.transparency.org/global_priorities/international_conventions/conventions_instruments/sadc_protocol, accessed February 2015.

7) The Southern African Forum Against Corruption, http://www.igg.go.ug/static/files/publications/SAFAC_Presentation_Bujumbura__by_Dr_Hoseah.pdf, accessed February 2015.

8) Tanzanian Public Anti-Corruption Initiatives, Business Anti-Corruption Portal, http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/tanzania/initiatives/public-anti-corruption-initiatives.aspx, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

06.
score
0

Is there evidence of regular, active public debate on issues of defence? If yes, does the government participate in this debate?

Researcher + Peer Reviewer4110: There is little evidence of public debate on matters of security or defence. Although local media occasionally report on defence, this typically only occurs after a decision has been made by the ministry. For example, when British company BAE Systems was criticized by the UK parliament - most recently in 2011 - for its accounting practices surrounding an air-traffic control deal with Tanzania in 1999, the issue was not discussed in the Tanzanian parliament, and many members of the public learned of the incident through foreign media. In another instance, Tanzanian and international media reported that Tanzania and Pakistan in January signed a defence cooperation agreement, but there is no evidence of this issue being discussed publicly prior to the signing.

There is very little publicly available information on the government's defence policy, while there have been no open public debates over the content or direction of defence policy over the past several years.

Government engagement with CSOs is very limited and therefore there is no room for debates. When CSOs attempt to engage with these departments on policy or other sensitive issues such as corruption they find difficulties in accessing the information they need to carry out their duties (Source 4). As a result, there are currently no CSOs that focus their work on defence issues, nor are there examples of public engagement on sensitive issues between CSOs and the defence sector.

COMMENTS -+

1) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; Le Roux, http://www.agora-parl.org/sites/default/files/Tanzania.pdf, accessed August 2014.

2) BAE criticised by UK MPs over Tanzania corruption, BBC, http://www.bbc.co.uk/news/world-africa-14204115, published July 2011, accessed August 2014.

3) Pakistan, Tanzania sign defence cooperation agreement, Business Recorder, http://www.brecorder.com/general-news/172:pakistan/1146419:pakistan-tanzania-sign-defence-cooperation-agreement/, published January 2015, accessed February 2015.

4) An enabling environment for civil society organisations: a synethesis of evidence of progress since Busan, CSO Partnership for development effectiveness, http://www.ccic.ca/_files/en/what_we_do/2014_02_20_Synthesis_of_CSO_Evidence_%20for_%20Indicator_%202.pdf, published October 2013, accessed August 2014.

4) Tanzania: civil societies upbeat on oil and gas policy, Tanzania Daily News, http://allafrica.com/stories/201406050149.html, published June 2014, accessed August 2014.

5) Interview with Source 1: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

6) Tackling the Dangerous Drift, The Open Society Foundation, http://www.opensocietyfoundations.org/sites/default/files/tackling-dangerous-drift-20140514.pdf, published June 2013, accessed February 2015.

7) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is no evidence of regular public debate over defence issues due to lack of detailed information both for the legislature and the public(Open Budget Survey 2012). defence issues are kept secret and some of it only comes to the media and the public when there is a scandal of corruption. defence issues are solely handled by the National defence and Security Council and Ministry of defence officials.

Souurces:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

Suggested score:

Peer Reviewer-+

07.
score
1

Does the country have an openly stated and actively implemented anti-corruption policy for the defence sector?

Researcher + Peer Reviewer4110: There is no specific legislation that governs or guides anti-corruption in the defence sector. Section 15 of the Prevention and Combating of Corruption Act of 2007 stipulates that the act is to be applied to all public officials however, including military and security personnel. See also Question 10 regarding a series of national anti-corruption strategy and action plans (NACSAP I and NACSAP II).

Chapter Six, Part II of the Constitution also sets out basic rules and ethics pertaining to public leaders, which include the prohibition of practices that would promote or encourage corruption in public affairs or corruption that would jeopardise public interest or welfare.

Research indicates the government has displayed limited political will to implement strong anti-corruption policies such as a specific policy for the defence sector. In fact, civil society organisations have criticized the drafting of the new constitution for being too weak on corruption (Tanzania: Overview of Corruption and Anti-corruption, Anti-corruption resource centre, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, published March 2014, accessed February 2015). A former presidential contender for the October 2015 elections, Edward Lowassa, has been implicated in a number of corruption scandals, including one that emerged in 2008 where he was accused of involvement in an irregular bidding process with a US power company (Tanzania's cabinet dissolved after corruption scandal, Global Voices, http://globalvoicesonline.org/2008/02/09/tanzanias-cabinet-dissolved-after-corruption-scandal/, published February 2008, accessed February 2015). That he was allowed to run calls into question the government's alleged commitment to anti-corruption more broadly. This, and the as yet limited campaign debate on corruption, suggests an anti-corruption policy in defence is unlikely to become a priority in the coming years.

RESPONSE TO PEER REVIEWER 2: The reviewer is accurate, however this question specifically examines a corruption policy for the defence sector. Score 2 could potentially be applied if the National Anti-Corruption Strategy could be considered demonstrably fit for purpose, however evidence indicates this is unlikely to be the case. Score maintained.

COMMENTS -+

1) Country review report of the United Republic of Tanzania, United Nations Office on Drugs and Crime, http://www.pccb.go.tz/images/stories/global_initiatives/Final_Country_Review_2014.pdf, accessed August 2014.

2) The Constitution of the United Republic of Tanzania, http://www.judiciary.go.tz/downloads/constitution.pdf, accessed August 2014.

3) The Prevention and Combating of Corruption Act, 2007, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf, accessed February 2015.

4) Tanzania: Overview of Corruption and Anti-corruption, Anti-corruption resource centre, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, published March 2014, accessed February 2015.

5) Tanzania's cabinet dissolved after corruption scandal, Global Voices, http://globalvoicesonline.org/2008/02/09/tanzanias-cabinet-dissolved-after-corruption-scandal/, published February 2008, accessed February 2015.

6) National Anti-Corruption Strategy in Tanzania, available at www.u4.no/pdf?file=helpdesk/helpdesk/querries/querry135.pdf {Accessed on 17/05/2015}

7) The Enhanced National Anti-Corruption Strategy and Action Plan II, Good Governance Coordination Unit in the Office of the President, available at www.u4.no-tanzania Case Study (Acessed 17/05/2015)

8) Corruption Perception Index, available at http://www.businesstimes.co.tz/index.php?option=com_content&id=2276:tanzania-vis-a-vis-ti-2012-corruption-index-the-good-the-bad-and-the-ugly&Itemid=57

9) East Africa ranks poorly in war against graft, available at http://www.theeastafrican.co.ke/news/East-Africa-ranks-poorly-in-war-against-graft/-/2558/2544744/-/11d61bw/-/index.html {Accessed on 17/05/2015}&quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: At present, the defence/military does not have a corporate policy against corruption on the Ministry's website.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Tanzania has an openly stated anti-corruption policy-the National Anti-Corruption Strategy that applies to all government sectors and employees, though it does not specifically isolate the defence sector. It is implemented through various agencies including the Prevention and Combating of Corruption Bureau (PCCB) and Good Governance Unit in the Office of the President. Its effectiveness though is in question as the country was ranked at 102 out of 174 countries in 2012 then ranked 111 in 2013 but slipped to 119 out of 175 countries in 2014 in terms of Corruption Perception Index by Transparency International.

Sources:

1. U4 Expert Answer: National Anti-Corruption Strategy in Tanzania, available at http://www.u4.no/publications/national-anti-corruption-strategy-in-tanzania/downloadasset/348 {Accessed on 17/05/2015}

2. The Enhanced National Anti-Corruption Strategy and Action Plan II, Good Governance Coordination Unit in the Office of the President, available at http://www.parliament.go.tz/docs/reports/1251960061.pdf; www.u4.no-tanzania Case Study (Acessed 17/05/2015)

3. Corruption Perception Index, available at http://www.businesstimes.co.tz/index.php?option=com_content&id=2276:tanzania-vis-a-vis-ti-2012-corruption-index-the-good-the-bad-and-the-ugly&Itemid=57

4. East Africa ranks poorly in war against graft, available at http://www.theeastafrican.co.ke/news/East-Africa-ranks-poorly-in-war-against-graft/-/2558/2544744/-/11d61bw/-/index.html {Accessed on 17/05/2015}

Suggested score: 2

Peer Reviewer-+

08.
score
1

Are there independent, well-resourced, and effective institutions within defence and security tasked with building integrity and countering corruption?

Researcher + Peer Reviewer4110: There are no institutions in the defence sector that demonstrate an active approach to internal corruption mechanisms.

There is a Defence Forces Committee – as mandated by the National Defence Act – responsible for reviewing policy regarding the administration and supply of the defence forces. The committee is made up of the Defence Minister, Chief of Defence Forces, the Principal Secretary for the Department of National Defence, the Chief of Personnel for the Defence Forces, other military members (to be appointed by the defence minister as needed), and an accounting officer. It is possible that this Committee could mandate such an institution however it is not specifically tasked with building integrity or combating corruption.

RESPONSE TO PEER REVIEWER 2: The key criteria for awarding score 2 are that institutions are in place, but they are scattered or uncoordinated or not sufficiently staffed and funded. No evidence was found that any Integrity Committees have yet been established in the defence & security sector under NACSAP however, although the evidence submitted does indicate that the country is likely to make proactive efforts to establish them. This situation matches the criteria for score 1. Score maintained.

COMMENTS -+

1) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

3) Tanzania plans new powers to strengthen code of ethics, http://www.trust.org/item/20130924204025-0x2jl?view=print, published September 2013, accessed August 2014.

4) United Republic of Tanzania Office of the president - Ethics Secretariat, http://www.ethicssecretariat.go.tz/?p_id=19, accessed August 2014.

5) National Anti-Corruption Strategy in Tanzania, available at www.u4.no/pdf?file=/helpdesk/helpdesk/querries/querry135.pdf {Accessed on 17/05/2015}

6) The Enhanced National Anti-Corruption Strategy and Action Plan NACSAP II (2008-2011), available at http://www.parliament.go.tz/docs/reports/1251960061.pdf {Accessed on 17/05/2015}

7) U4 Expert Answer, available at www.u4.no-tanzania Case study (Accessed 17/05/2015)

8) NACSAP II Progress Report, January-June 2010

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: The country has established a number of institutions including within the defence and security sectors to fight corruption. The institutions were established through the National Anti-Corruption Strategy and Action Plan and include: the Prevention and Combating of Corruption Bureau (PCCB), the Ethics Inspectorate, the Good Governance Coordination Unit in the Office of the President, the Office of the Director of Public Prosecution, Integrity Committees within government ministries, departments and agencies among others. By 2010, the government had established integrity Committees in 26 ministries, 99 departments and 84 agencies. But there are problems in terms of effectiveness. The NACSAP II Progress Report in 2010 identified lack of submission of quarterly reports from these committees, lack of trainings for new members and the fact that most of the committees were not functioning as expected because their members are senior government officials who are busy with other duties.

Sources:
1. National Anti-Corruption Strategy in Tanzania, available at www.u4.no/pdf?file=/helpdesk/helpdesk/querries/querry135.pdf {Accessed on 17/05/2015}

2. The Enhanced National Anti-Corruption Strategy and Action Plan NACSAP II (2008-2011), available at http://www.parliament.go.tz/docs/reports/1251960061.pdf {Accessed on 17/05/2015}

3.U4 Expert Answer, available at www.u4.no-tanzania Case study (Accessed 17/05/2015)

4. NACSAP II Progress Report, January-June 2010

Suggested score: 2

Peer Reviewer-+

09.
score
1

Does the public trust the institutions of defence and security to tackle the issue of bribery and corruption in their establishments?

Researcher + Peer Reviewer4110: Given the strong evidence that security institutions are corrupt it is unlikely that Tanzanians trust them to enforce anti-corruption principles within the defence sector. The 2013 East Africa Bribery Index reported that of all the countries of the East African Community (EAC) – which includes Tanzania, Kenya, Rwanda, Burundi and Uganda – Tanzania’s law enforcement agencies ranked the most corrupt. The report echoes findings by Tanzania’s own Prevention and Combating of Corruption Bureau, which conducted a similar study in 2012. It found that the police was the most corrupt institution in the country. Other sectors on the list of serious offenders included the judiciary and the tax agency, but not the defence forces. Given the lack of widespread deployment of Tanzania Peoples’ Defence Forces (TPDF) in the streets however, this outcome may reflect the more limited interaction the public has with soldiers.

Reflecting a lack of trust more broadly, civil society organisations in 2013 criticized the drafting of the new constitution for being too weak on corruption (U4 Anti-corruption resource centre, Tanzania: overview of corruption and anti-corruption, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/).

Former prime minister Edward Lowassa, has been implicated in a number of corruption scandals, including one that emerged in 2008 where he was accused of involvement in an irregular bidding process with a US power company (Tanzanian PM under pressure to resign over alleged fraudulent payments, The Guardian, http://www.theguardian.com/global-development/2014/nov/28/tanzania-prime-minister-mizengo-pinda-alleged-fraudulent-payments-energy-contracts, published November 2014, accessed July 2015).

Nevertheless, he remains a prominent figure in the ruling Chama Cha Mapinduzi, which critics have alleged calls into question the government's alleged commitment to anti-corruption more broadly. This, and the as yet limited campaign debate on corruption, suggests an anti-corruption policy in defence is unlikely to become a priority in the coming years.

RESPONSE TO PEER REVIEWER 1: The GCB scoring criteria runs from 1 = not at all corrupt to 5 = extremely corrupt. Tanzania's score of 3.0 therefore indicates perceptions of a relatively high level of corruption in the military. The distinction between score 1 and 2 is whether there is a widely-held belief that official rhetoric on addressing this is seriously intended. The evidence submitted above indicates that this is not likely to be the case. Score therefore maintained.

COMMENTS -+

1) Tanzanian police 'the most corrupt in East Africa', Africa Review, http://www.africareview.com/News/Report-says-Tanzanian-police-the-most-corrupt-in-East-Africa/-/979180/2051704/-/dc2egd/-/index.html, published October 2013, accessed August 2014.

2) Tanzania: Call to review defence, security, The Citizen, http://allafrica.com/stories/201102230175.html, published February 2011, accessed August 2014

3) East African Bribery Index 2013: Bribery Remains High in East Africa, but 90% of Citizens will not Report, http://www.transparency.org/news/pressrelease/bribery_remains_high_in_east_africa_but_90_of_citizens_will_not_report, published October 2013, accessed February 2015.

4) Prevention and Combating of Corruption Bureau, http://www.pccb.go.tz/, accessed February 2015.

5) U4 Anti-corruption resource centre, Tanzania: overview of corruption and anti-corruption, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, accessed July 2015.

6) Tanzanian PM under pressure to resign over alleged fraudulent payments, The Guardian, http://www.theguardian.com/global-development/2014/nov/28/tanzania-prime-minister-mizengo-pinda-alleged-fraudulent-payments-energy-contracts, published November 2014, accessed July 2015.

SOURCES -+

Opinion: Disagree

Comment: The Global Corruption Barometer 2013 results for Tanzania indicated a score of 3.0 out of an optimal 5.0 in negative rating for the Military.

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Below are more examples of corruption issues that may have impacted on lack of trust of the defence sector by Tanzanian citizens.

1.BAE Payment to Tanzania Undermines Justice and Accountability, Available at http://www.theguardian.com/global-development/poverty-matters/2012/mar/20/bae-payment-tanzania-justice-accountability? {Accessed on 17/05/2015}

2. Alarming Failures in BAE System Settlement Deal with Tanzania, Development Committee Report Says, available at http://www.huffingtonpost.co.uk/2011/11/29/bae-systems-tanzania-corruption_n_1118899.html {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

10.
score
0

Are there regular assessments by the defence ministry or another government agency of the areas of greatest corruption risk for ministry and armed forces personnel, and do they put in place measures for mitigating such risks?

Researcher + Peer Reviewer4110: There are no defence-specific measures in place to oversee or assess corruption risk.

A series of national anti-corruption strategy and actions plans (NACSAP I and NACSAP II) served to somewhat strengthen Tanzania’s anti-corruption framework between 2000 and 2011 through the removal of corrupt leaders and the establishment of the commission of ethics, among other things. Although NACSAP did not specifically apply to the defence sector, it covered all ministries, including defence, and was also mandated to train members of the tender board from the Ministry of Defence on ethics and public procurement. A third version of NACSAP is also currently under consideration. However, while these measures strengthened anti-corruption measures on paper, source 2 indicated there was little in the way of implementation, particularly at higher government levels, where few prosecutions have taken place. A media search yielding no information on prosecutions corroborates this observation.

There have been no recent convictions for corrupt practices in the defence ministry or forces despite a series of trials, suggesting limited to no corruption assessments within the Ministry of Defence or from outside bodies. Demonstrable progress in anti-corruption efforts since the end of the last NACSAP in 2011 has been relatively limited, and an aid freeze was implemented in 2014 following allegations of large-scale corruption against senior government officials (Sources 1, 4, 5, 6). Evidence similarly shows the current bodies in place to oversee corrupt practices in government ministries in general – such as the auditor general and the Prevention and Combating of Corruption Bureau – have often been ignored by the executive or only superficially addressed (Source 1, 4). Anti-corruption efforts have picked up again ahead of the 2016 elections, with the passing in July of legislation aimed at increasing transparency in the extractives sector for example (Source 5), but these are likely to be aimed at wooing voters for the ruling party in the elections.

COMMENTS -+

1) U4 Anti-Corruption Resource Centre, Tanzania: overview of corruption and anti-corruption, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, accessed August 2014.

2) Tanzania leader sacks ministers amid corruption scandal, BBC, http://www.bbc.com/news/world-africa-17957767, published May 2012, accessed August 2014.

3) Interview with Source 2: CSO senior staff member based in Dar es Salaam, Tanzania, August 2014.

4) Joint Evaluation of Support to Anti-Corruption Efforts, Tanzania Country Report, OECD, http://www.oecd.org/countries/tanzania/48912823.pdf, published June 2011, accessed February 2015.

5) Tanzania passes 'urgent' petroleum laws, civil society concerned, AllAfrica, http://allafrica.com/stories/201507132668.html, published July 2015, accessed July 2015.

6) Hannah McNeish, &quoute;Rampant corruption in Tanzania keeps fruits of the many in hands of the few&quoute;, The Guardian, 29 July 2015. http://www.theguardian.com/global-development/2015/jul/29/tanzania-corruption-aid-poster-sellers

7) Fumbuka Ng'wanakilala, &quoute;U.S. ties approval of $472.8 mln Tanzania aid to graft fight&quoute;, Reuters, 19 September 2015. http://af.reuters.com/article/topNews/idAFKCN0RJ0A320150919

SOURCES -+

Opinion: Agree with Comments

Comment: There is no evidence of corruption audit specifically targeting or addressing issues relating to the Ministry of Defence and National Service.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There have been several assessments of corruption not specifically targeted at the defence sector but the whole government by various agencies including NACSAP II/Prevention and Combating Corruption Bureau and international donors and measures suggested though the implementation of these measures has not been effective. The Anti -Corruption institutions including the Good Governance Unit in the Office of the President and the Prevention and Combating of Corruption Bureau all monitor corruption and produce periodic reports as the one cited below to improve corruption measures in all ministries.

Sources

1.NACSAP II Progress Report, January-June 2010

2.NACSAP II Implementation Report 2009

3.NACSAP II Implementation Report 2010

4.NACSAP II Progress Report Jan-December 2010

5.NACSAP II Implementation Report as per M and E Framework-2008-2011

6. Independent Evaluation of NACSAP II-2011

7. PCCB-NACSAP II Implementation Report-Physical Performance

8.Joint Evaluation of Support to Anti-Corruption Efforts, Tanzania Country Report 6/2011 Study, available athttp://www.oecd.org/countries/tanzania/48912823.pdf {Accessed on 17/05/2015}

9.FINAL REVISED REPORT EVALUATION OF THE ENHANCED NATIONAL ANTI-CORRUPTION STRATEGY AND ACTION PLAN –II(NACSAP II) 2008-2011 FOR THE REPUBLIC OF TANZANIA Submitted
10th September 2012 to The Preventing and Combating Corruption Bureau (PCCB)-Tanzania
and United Nations Development Programme in Tanzania (UNDP)-Tanzania

Suggested score: 2

Peer Reviewer-+

11.
score
1

Does the country have a process for acquisition planning that involves clear oversight, and is it publicly available?

Researcher + Peer Reviewer4110: The Public Procurement Regulatory Authority (PPRA) – established under the Public Procurement Act of 2011 – is in place to oversee all public procurement activities in mainland Tanzania with the aim of ensuring ‘fair, competitive, transparent, non-discriminatory and value for money procurement standards and practices’ among other things. The Defence and National Security organs also fall under this authority. However, they are also mandated to organize procurement under a dual list, meaning information on a number of acquisitions is to remain classified according to a list to be agreed upon each year between the PPRA and the defence sector.

Although this does not necessarily suggest defence sector procurement is corrupt, a scandal reported on most prominently in 2011 involving military procurement through UK company BAE systems highlights the potential opportunities for corrupt practices and non-transparency in defence procurement. BAE was accused of bribing Tanzanian officials during the sale of an air-traffic control radar system in 1999 which cost $40m but should have cost $10m. The deal was initially made public through international media sources, highlighting the opaque nature of defence procurement. The case was eventually settled with the UK's Serious Fraud Office and BAE gave £29.5m for education projects in Tanzania in a widely criticised settlement deal.

RESPONSE TO PEER REVIEWER 2: Agree with comments, however there is no primary evidence of the actual process for defence acquisition planning (eg., with phases for concept & system development, procurement, deployment, through-life sustainment, and disposal).

Secondly, the National Armament Control Advisory Board is intended to designed to keep arms within the state under appropriate control - it would not guide other forms of defence acquisition planning (eg., for major platforms, IT/comms upgrades, real estate, etc.). The board's functions under Section 7 of the Act are:

- to advise the government and provide recommendations on issues relating to the formulation and implementation of the national policy on the control of armaments;
and
- to conduct, or promote the conduct of, research for the control of armaments.

Score maintained.

COMMENTS -+

1) Tanzania People's Defence Force, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=33095:tanzania-peoples-defence-force&catid=119:african-militaries, published December 2013, accessed August 2014.

2) Welcome Note, Public Procurement Regulatory Authority, http://www.ppra.go.tz/, accessed August 2014.

3) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

4) BAE criticized by UK MPs over Tanzania corruption, BBC, http://www.bbc.co.uk/news/world-africa-14204115, published July 2011, accessed August 2014.

5) The Armament Control Act 1991, Available at http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20Armaments%20Control%20Act%201991.pdf {Accessed on 17/05/2015}

6) Arms and Ammunition Act 1991, available at http://www.parliament.go.tz/polis/PAMS/docs/1-1991.pdf {Accessed on 17/05/2015}&quoute;

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Tanzania has a defined process for acquisition planning in place and some associated oversight though there is evidence of notable shortcomings regarding transparency and the quality of oversight as seen in the 2001 BAE purchase of air-traffic control systems. The radars were shown to be inapropriate for the Tanzanian military and over-inflated in price. The Armament Control Act 1991 is the law and mechanism for controlling, planning and managing the acquisition, manufacture and dealings in armaments. The Act establishes the National Armament Control Advisory Board, which is tasked with supervising and regulating the manufacture, importation, conveyance and disposition of armament in Tanzania.It also receives and considers all requests by ant department for acquisition of armament and evaluates and recommends on the need for such acquisition of armament. This Act works in tandem with the Arms and Ammunition Act 1991 and the Public Procurement Act, 2011.

Sources:
1. The Armament Control Act 1991, Available at http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20Armaments%20Control%20Act%201991.pdf {Accessed on 17/05/2015}

2.BAE criticized by UK MPs over Tanzania corruption, BBC, http://www.bbc.co.uk/news/world-africa-14204115, published July 2011 (Accessed on 17/05/2015}

3.The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 17/05/2015}

4. Arms and Ammunition Act 1991, available at http://www.parliament.go.tz/polis/PAMS/docs/1-1991.pdf {Accessed on 17/05/2015}


Suggested score: 2

Peer Reviewer-+

12.
score
2

Is the defence budget transparent, showing key items of expenditure? This would include comprehensive information on military R&D, training, construction, personnel expenditures, acquisitions, disposal of assets, and maintenance.

Researcher + Peer Reviewer4110: The overall defence budget is published annually, and for the 2014-15 financial year it was increased from $220m to $380m (Source 4, 5). It was increased again by 30% for the 2015-16 financial year (Source 6). All the key items of expenditure apart from asset disposal have been allocated a budget line.

Although this level of detail is positive, it was notable that information has filtered through to the public only in the infrequent occasions that a scandal is exposed, as with the reportedly purchase in 1999 of air-traffic control equipment from BAE systems, or after a purchase has been made. Most recently, the Tanzania People’s Defence Force (TPDF) revealed in April 2014 that it had been unobtrusively purchasing military equipment from China over the past several years.

Moreover, any information provided to the public beforehand is typically vague and does not show key items of expenditure. For example, in 2012 the TPDF indicated a desire to acquire more hardware and plans to spend more on defence procurement in the face of rising security threats such as piracy and terrorism (Source 3). It has not indicated specifically where the increased budget will be used, nor the specific tasks for which the equipment will be used.

Although the Open Budget survey of 2012 reports that the Tanzanian legislature has some access to budget information, a moderate capacity to perform its oversight role and that the country has a strong independent audit office, this assessment does not apply specifically to the defence sector.

COMMENTS -+

1) Government of Tanzania, Vote 38 : Defence & Vote 57: Ministry of Defence & National Service for 2014-2015 FY,
http://www.mof.go.tz/mofdocs/budget/Budget%20Books/2014_2015/VOLUME%20II%20KITABU%20FINAL%20PDF.pdf

- as passed by the National Assembly:

http://www.mof.go.tz/mofdocs/budget/Budget%20Books/2014_2015%20As%20passed%20by%20National%20Assembly/volume%20II%20-%20as%20passed%202014-15.pdf;

2) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed August 2014.

3) Tanzania People's Defence Force, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=33095:tanzania-peoples-defence-force&catid=119:african-militaries, published December 2013, accessed August 2014.

4) Open Budget Survey 2012, http://internationalbudget.org/wp-content/uploads/OBI2012-Report-English.pdf, published in 2012, accessed August 2014.

5) Tanzania Military Strength, Global Fire Power, http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=tanzania, last updated in February 2015, accessed February 2015.

6) East African countries raise defence budget on increased terrorism threats, AFK Insider, http://afkinsider.com/51861/east-african-countries-rise-defence-budgets-increased-terrorism-threats/, published April 2014, accessed July 2015.

7) Defence budget raised by Sh400bn, The Citizen, http://www.thecitizen.co.tz/News/national/Defence-budget-raised-by-Sh400bn/-/1840392/2726732/-/eksax9z/-/index.html, published May 2015, accessed July 2015.

8) Vol.II Public Expenditure Consolidated Fund Services (Section I) and Supplies Votes (Ministerial) for 2013/14, available at http://www.parliament.go.tz/index.php/home/pages/44 {Accessed on 17/05/2015}

9) Vol.IV: Development Budget by MDAs and Regions for 2013/14 available at http://www.mof.go.tz/mofdocs/budget/Budget%20Books/2013-2014/Volume%20IV%20Detail%20by%20Vote-Print.pdf {Accessed on 17/05/2015}&quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: The budget speech is broken by the following categories:
1. General Development
2. Military
3. Ministry of defence

Across these three areas, useful details is provided mainly in respect to the Money directed to the Ministry.

Details on budget for the defence can be found on the Ministry Website [Provided in Kiswahili]
http://modans.go.tz/hotuba-ya-bajeti-ya-wizara-ya-ulinzi-na-jkt-kwa-mwaka-20152016/

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Although all expenditure in the Executive Budget proposal are classified by administrative units, the defence budget is not transparent due to lack of detailed and extensive information from the Executive to parliamentary defence and Security Committee (See Open Budget Survey 2012 for Tanzania) to effectively carry out its oversight role regarding defence estimates of expenditure in the annual budget proposals of the Ministry of defence and National Service and the Police and Prison Departments. The executive does not provide detailed, extensive and timely information due to the perceived secrecy of military and defence information.

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

2. Vol.II Public Expenditure Consolidated Fund Services (Section I) and Supplies Votes (Ministerial) for 2013/14, available at http://www.parliament.go.tz/index.php/home/pages/44 {Accessed on 17/05/2015}

3. Vol.IV: Development Budget by MDAs and Regions for 2013/14 available at http://www.mof.go.tz/mofdocs/budget/Budget%20Books/2013-2014/Volume%20IV%20Detail%20by%20Vote-Print.pdf {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

12A.
score
1

Is there a legislative committee (or other appropriate body) responsible for defence budget scrutiny and analysis in an effective way, and is this body provided with detailed, extensive, and timely information on the defence budget?

Researcher + Peer Reviewer4110: Parliament provides for a defence and Security Committee that is responsible for considering matters related to Public Defence and National Security including expenditure estimates. According to Tanzania’s self assessment through the African Parliamentary Index of 2012, the committee is given full disclosure on defence and intelligence budget estimates before it approves them. However, it does say that budget details are not fully disclosed to the committee, suggesting it lacks the capacity to influence decision making through scrutiny of expenditure. There is no evidence of any activity to refute this or of blocking proposed expenditures for example.

The limitations on disclosure conform to the provisions set out in the Public Procurement Act 2011, whereby the defence sector operates on a dual list. Under this system, defence expenditure is shrouded in secrecy, making classified items difficult for parliament to scrutinize (Baregu, 2004). Without this scrutiny, the legislature is highly unlikely to have significant capacity to influence defence decisions. This has resulted in poor oversight in some cases, such as in the BAE sales between 1999 and 2005 of air-traffic control systems. The purchase by the government of this system was not reviewed by the appropriate parliamentary committee. The case was eventually settled with the UK's Serious Fraud Office and BAE gave £29.5m for education projects in Tanzania in a settlement deal.

The researcher was not able to find a more recent example, though this is assessed as likely to be for lack of reporting rather than prevalence.

Moreover, a local source reports that although the appropriate legislative committee is mandated to debate defence ministry matters, this only occurs in relation to salaries and other human resources matters, and not in relation to spending, equipment or other military needs.

COMMENTS -+

1) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

2) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; Le Roux, accessed August 3 2014, http://www.agora-parl.org/sites/default/files/Tanzania.pdf.

3) Milton Makongoro Mahanga (2006), &quoute;Monitoring Of Security Organs: The Role Of Parliament, And Its Challenges&quoute;, in: Civil-Security Relations in Tanzania: Investigating the Relationship Between the State, Security Services and Civil Society. (eds. Rupiya, Lwehabura, Le Roux), pp7-11.

4) The African Parliamentary Index (API) 2012, http://www.parlcent.org/en/wp-content/uploads/2013/11/Summary-Report-TANZANIA.pdf, accessed August 2014.

5) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

6) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

7) The Constitution of the United Republic of Tanzania, available at http://www.judiciary.go.tz/downloads/constitution.pdf {Accessed on 17/05/2015}&quoute;

Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: According to the 2012 Open Budget results, Tanzania’s parliamentary oversight in this respect is relatively weak because an explanation is presented, highlighting key aspects of the government’s budget policies and priorities, but some details are excluded, while the legislature do not have the authority to amend the budget proposal.

Open Budget Survey, 2012
http://survey.internationalbudget.org/downloads/ibp_data.xlsx

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Chapter 3 of the Tanzanian Constitution provides for the establishment of a parliamentary defence and Security Committee responsible for defence Budget scrutiny. However its effectiveness is affected by lack of detailed, extensive and timely information from the Executive (Open Budget Survey 2012 for Tanzania) to effectively carry out its oversight role regarding defence estimates of expenditure in the annual budget proposals of the Ministry of defence and National Service and the Police and Prison Departments. The executive does not provide detailed, extensive and timely information due to the perceived secrecy of military and defence information.

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

2. The Constitution of the United Republic of Tanzania, available at http://www.judiciary.go.tz/downloads/constitution.pdf {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

12B.
score
1

Is the approved defence budget made publicly available? In practice, can citizens, civil society, and the media obtain detailed information on the defence budget?

Researcher + Peer Reviewer4110: The defence budget is made available to the public on the Parliamentary website – in some detail – starting from the year after the expenditure was completed. Although the budget speech has typically mentioned defence issues, relevant details and appropriate figures are typically vague. For example, the June 2014 speech by Finance Minister Saluum mentioned unspecified challenges facing defence organs, for which there is a need to continue to purchase necessary equipment and to improve salaries and other benefits for uniformed officers in line with the available budget. The defence budget is also rarely reported on in the media, suggesting little information is available to journalists and to the wider public.

COMMENTS -+

1) Speech by the minister for finance Hon. Saada Mkuya Salum (MP) introducing to the national assembly, the estimates for government revenue and expenditure for fiscal year 2014/2015, PWC, https://www.pwc.com/en_TZ/tz/assets/pdf/budget-speech-2014.pdf, published June 2014, accessed August 2014.

2) Vote 28, Defence, Parliament of Tanzania, summary of public expenditure 2013/2014 - consolidated fund services and supply votes, http://www.parliament.go.tz/index.php/home/pages/44; http://www.parliament.go.tz/budget/2013/Votes/Vol2/38.pdf, accessed August 2014.

3) The Tanzanian Military is supplied by Russia, China and several European powers, Global Fire Power, http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=tanzania, published March 2014, accessed August 2014.

4) freedominfo.org, 2015. Tanzania Delays Action on FOI Bill, at Media Urging, 2 April 2015
http://www.freedominfo.org/tag/rti-legislation/

5) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

6) Appropriation Act 2014, http://www.parliament.go.tz/assets/uploads/files/cc4a3-THE-APPROPRIATION-ACT.pdf, accessed July 2015.

7) The National Security Act 1970, http://www.saflii.org/tz/legis/num_act/nsa1970211.pdf, accessed July 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: Tanzania, the constitutional right of access to information is not yet backed by a specific legislation which mandates the government to release all state-held information to the citizens on a regular basis or when requested to. Another piece of legislation that hinders freedom of information in Tanzania is the National Security Act, 1970, which gives the government discretionary powers to classify information.

The National Security Act, 1970

freedominfo.org, 2015. Tanzania Delays Action on FOI Bill, at Media Urging, 2 April 2015
http://www.freedominfo.org/tag/rti-legislation/

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The approved defence budget is made publicly available-It is posted online although late around March the following year-Budget is read in June (See the Appropriation Act). However, it lacks details and accessing these details or access to these information is not easy as the government considers defence issues state secrets and hold such information because of what they see as security concerns. Moreover Tanzania does not have Freedom of Information Act. The executive does not therefore provide detailed, extensive and timely information due to the perceived secrecy of military and defence information (Open Budget Survey 2012)

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

2. Appropriation Act 2014 (Only hard copies are available)



Suggested score:

Peer Reviewer-+

13.
score
1

Are sources of defence income other than from central government allocation (from equipment sales or property disposal, for example) published and scrutinised?

Researcher + Peer Reviewer4110: There is no requirement in the National Defence Act of 1966 for the defence sector to report its sources of income and there is no open source information available on the subject. The 2012/13 Controller and Auditor General report revealed that the defence forces and ministry payments lacked enough information to establish their validity to be charged against public funds. It also highlighted a number of instances in several regions where procurement was made without proper approval.

RESPONSE TO PEER REVIEWERS: Agree with comments. Score changed from 0 to 1.

COMMENTS -+

1) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

3) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, accessed August 2014.

4) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

5) Volume I: Financial Statement and Revenue Estimates 2011/12 (only available in hard-copy)

6) Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 16/07/2015}&quoute;

SOURCES -+

Opinion: Disagree

Comment: Some information on sources of defence income other than from central government allocation can be found in the Budget Speech found available on Ministry of defence website [in Kiswahili].

http://modans.go.tz/hotuba-ya-bajeti-ya-wizara-ya-ulinzi-na-jkt-kwa-mwaka-20152016/

Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Sources of non-tax revenues such as property income and sales of goods and services are identified within each ministry including the defence ministry and published (See Financial Statement of Revenue Estimates) But there is sufficient evidence to suggest that what is published is not reliable. First these figures of non-tax revenues lack details (Open Budget Survey 2012 for Tanzania) due to the perceived secrecy of military and defence information. Secondly there is no requirement in law for the defence sector to report its sources of income according to the National defence Act 1966. The income from SUMA JKT-an official commercial business of the military is not subject to parliamentary scrutiny and shrouded in secrecy and never reported in the National Budget (Cooksey 2011)

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

2. Volume I: Financial Statement and Revenue Estimates 2011/12 (only available in hard-copy)

3. The National defence Act 1966, available at http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, {Accessed on 17/05/2015}

4. Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}



Suggested score: 1

Peer Reviewer-+

14.
score
0

Is there an effective internal audit process for defence ministry expenditure (that is, for example, transparent, conducted by appropriately skilled individuals, and subject to parliamentary oversight)?

Researcher + Peer Reviewer4110: No reports relevant to the defence sector were available at time of research. The Defence Forces Act of 1966 makes no provision for an internal audit body within the defence forces. The Public Procurement Act of 2011 stipulates that the head of internal audit within each public body is responsible for reporting on whether the Act is being respected within that department.

Press commentary indicates that external audits conducted by the Controller and Auditor General are made public, but have been routinely ignored by the government.

COMMENTS -+

1) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, accessed August 2014.

2) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

3) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

4) Take CAG audits more seriously, government urged, National Audit Office of Tanzania, http://nao.go.tz/?p=497, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

15.
score
2

Is there effective and transparent external auditing of military defence expenditure?

Researcher + Peer Reviewer4110: Section 48 of the Public Procurement Act 2011 states that the external auditor for each public body must report whether that body has been compliant with the provisions of the Act. The Open Budget Survey for 2012 indicated that Tanzania has a strong independent audit office in the form of the Controller and Auditor General (CAG), while the government has said the defence forces' accounts are audited just like any other government institution. However, while the CAG has frequently reported on anomalies and missing information in its audits of the defence forces and ministry, press evidence indicates that these have been largely ignored by the government, undermining the effectiveness of the CAG.

COMMENTS -+

1) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, accessed August 2014.

2) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) Take CAG audits more seriously, government urged, National Audit Office of Tanzania, http://nao.go.tz/?p=497, accessed August 2014.

4) Open Budget Survey 2012, http://internationalbudget.org/wp-content/uploads/OBI2012-Report-English.pdf, published in 2012, accessed August 2014.

5) Tanzania: Security forces' accounts open for public scrutiny, Tanzania Daily News, http://allafrica.com/stories/201302080106.html, published February 2013, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Apart from the Executive ignoring the Controller and Auditor-General's recommendations and cited anomalies in the defence Ministry as stated by the Researcher, the Auditor-General has also stated that the defence Ministry does not provide him with all required documents and information for effective auditing of the Ministry (See Audit Report 2012/13). This ineffective audit process also affect the work of the defence and Security Committee which depends on the Controller and Auditor General's report to scrutinize the defence Budget.

Sources
1. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

2. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

Suggested score:

Peer Reviewer-+

16.
score
1

Is there evidence that the country's defence institutions have controlling or financial interests in businesses associated with the country's natural resource exploitation and, if so, are these interests publicly stated and subject to scrutiny?

Researcher + Peer Reviewer4110: It is not forbidden for the country's defence institutions to have financial interests in businesses associated with the country's natural resource exploitation. The Public Leadership Code of Ethic Act of 1995 and the Public Leadership Code of Ethics Amendment Act of 2001 do not require officials to declare their assets publicly. Although this is likely to change in the coming year after the government in September 2013 announced plans to strengthen the powers of its ethics commissioner, it suggests that there is no mechanism to investigate whether individuals within the defence sector have any controlling or financial interests in private businesses.

According to the National Defence Act of 1966, section 44, an officer of the defence forces ‘may be attached or, with his consent, seconded to any department or agency of the Government, any public or private institution, private industry or any other body.’ Moreover, the defence forces have a commercial wing known as SUMA JKT, which has been involved in commercial activities in the natural resources sector in the past . For example, a Natural Resource Governance Institute report from 2008 reported that SUMA JKT was a 50% shareholder in the now closed Buhemba Gold Mine. There is little evidence to suggest there is effective oversight of SUMA JKT’s activities. Although seven senior army officials were charged with abuse of office in relation to a construction contract done through the company, they were acquitted in April due to lack of evidence.

An interviewee reports that for the time being, the defence forces and their affiliated enterprises have little interest in the oil and gas sector. This is likely to change as the sector grows in the coming years and becomes more lucrative.

COMMENTS -+

1) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

2) Tanzania plans new powers to strengthen code of ethics, http://www.trust.org/item/20130924204025-0x2jl?view=print, published September 2013, accessed August 2014.

3) SUMA JKT procures 278 tractors to meet farmers' demand, Ipp media, http://ippmedia.com/frontend/index.php/iatio/?l=62775, published december 2013, accessed August 2014.

4) Court acquits SUMA JKT officers, Tanzania Daily News, http://allafrica.com/stories/201404240109.html, published April 2014, accessed August 2014.

5) Natural Resource Governance Institution, April 2008. &quoute;Report of the presidential mining review committee to advise the government on oversight of the mining sector,&quoute; Volume 2. Accessed August 2014.

6) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

7) United Republic of Tanzania, 2008. Report of the Presidential Mining Review Committee to Advise the Government on Oversight of the Mining Sector, Volume 2, April.

8) Jamii Forums, 2013. Corruption In the arm - Ugly: Report fingers TZ army for graft, claims there’s filth in defence service, 24th February 2013
http://www.jamiiforums.com/habari-na-hoja-mchanganyiko/406926-corruption-in-the-arm-ugly-report-fingers-tz-army-for-graft-claims-there%92s-filth-in-defence-serv.html

9) Ministry of Defence and National Service, 2015. Hotuba ya Bajeti Ya Wizara ya Ulinzi na JKT Kwa Mwaka 2015/2016 [Budget Speech for the Ministry of Defence and National Service 2015/2016]
http://modans.go.tz/hotuba-ya-bajeti-ya-wizara-ya-ulinzi-na-jkt-kwa-mwaka-20152016/

10) Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}

11) Linderman, S and Putzel, J (2004) &quoute;State Resilience in Tanzania-Draft Analytical Narrative&quoute;, Guardian Reporter (2011) &quoute;MPs to drive away 100 SUMA JKT Tractors&quoute; Guardian, Dar es Salaam, 14th March

12) Website for SUMA JKT-http://www.sumajkt.go.tz/eng/

SOURCES -+

Opinion: Agree with Comments

Comment: Report of the Presidential Mining Review Committee highlights SUMA JKT’s activities in relation to the Buhemba Gold Mine, which is co-owned by Suma Jumbo JKT and Australia’s Tanganyika Gold Mines, each with 50% of the shares. The mining activities are however poorly scrutinised, and has also been linked to gun running. In July 2012, seven senior officers and members of Suma JKT’s Tender Board were charged of abuse of office, conspiracy and illegal transfer of more than Sh3.8 billion (Jamii Forums, 2013). Budget Speech for the Ministry of Defence and National Service [published on website] fails to provide information on activities relating to gold mining are however not reflected.

United Republic of Tanzania, 2008. Report of the Presidential Mining Review Committee to Advise the Government on Oversight of the Mining Sector

Jamii Forums, 2013. Corruption In the arm - Ugly: Report fingers TZ army for graft, claims there’s filth in defence service, 24th February 2013
http://www.jamiiforums.com/habari-na-hoja-mchanganyiko/406926-corruption-in-the-arm-ugly-report-fingers-tz-army-for-graft-claims-there%92s-filth-in-defence-serv.html

Ministry of Defence and National Service, 2015. Hotuba ya Bajeti Ya Wizara ya Ulinzi na JKT Kwa Mwaka 2015/2016 [Budget Speech for the Ministry of Defence and National Service 2015/2016]
http://modans.go.tz/hotuba-ya-bajeti-ya-wizara-ya-ulinzi-na-jkt-kwa-mwaka-20152016/

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The army officially has a commercial wing called SUMA JKT, which has big businesses and joint ventures throughout the country (Cooksey,2011). But questions have been raised about SUMA JKT involvement in gold mining and gun running in the Democratic Republic of Congo (Linderman and Putzel, 2004) SUMA JKT was also said to be involved in the distribution of tractors imported from India under a loan of USD 40 Million guaranteed by the state. All these activities of SUMA JKT are not subject to scrutiny by parliament and crowded in secrecy.

1. Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}

2. Linderman, S and Putzel, J (2004) &quoute;State Resilience in Tanzania-Draft Analytical Narrative&quoute;, Guardian Reporter (2011) &quoute;MPs to drive away 100 SUMA JKT Tractors&quoute; Guardian, Dar es Salaam, 14th March

3. Website for SUMA JKT-http://www.sumajkt.go.tz/eng/

Suggested score:

Peer Reviewer-+

17.
score
0

Is there evidence, for example through media investigations or prosecution reports, of a penetration of organised crime into the defence and security sector? If no, is there evidence that the government is alert and prepared for this risk?

Researcher + Peer Reviewer4110: Organised crime in Tanzania revolves primarily around the trafficking of ivory and drugs. The country is a transshipment area for both, with the ivory trade being the primary organised crime activity undertaken by the armed forces. The Economic and Organised Crime Control Act of 1984 sets parameters for the investigation and prosecution of organised crime, and the Tanzanian defence forces are routinely deployed to help combat poaching activities.

Organised crime in the defence forces does not appear to be extensive beyond the ivory trade, although the government has not given much indication it is actively working to tackle the problem. There are widespread reports (examples below) of TPDF and other security officials being involved in the highly lucrative trade of elephant tusks which indicates a pervasiveness of organised crime within the forces as well as the poor implementation of the Economic and Organized Crime Control Act.

In January 2013, an army sergeant was caught transporting an elephant tusk, but when the head of the regional crime office attempted to investigate he found that his own deputy was also involved (source 3). No prosecutions resulted from the affair.

The Economist has similarly reported on allegations that armed forces are believed to be involved in hiring poachers and providing them with weapons. Reports have also emerged of entire military convoys escorting illegal poachers. If caught, rather than face prosecution, military officers are transferred to new positions.

There have been repeat allegations linking a former defence minister to the ivory trade, significantly after a shipping company he owns was in 2009 found to be transporting illegal ivory. The failure to investigate this matter, and the repeated allegations of high level ruling party officials like this being involved in the trade, suggest involvement may reach all military personnel ranks, including senior officers that have capacity and motive to cover up the illegal trade.

COMMENTS -+

1) The Economic and Organized Crime Control Act, Prevention and Combating of Corruption Bureau, http://www.pccb.go.tz/index.php/laws/anti-corruption-laws-in-tanzania/491-the-economic-and-organized-crime-control-act, accessed August 2014.

2) Transnational organized crime in Eastern Africa: a threat assessment, United Nations office on Drugs and crime, http://www.unodc.org/documents/data-and-analysis/Studies/TOC_East_Africa_2013.pdf, published September 2013, accessed August 2014.

3) Tanzanians see official hand in elephant poaching, USA Today, http://www.usatoday.com/story/news/world/2013/04/20/tanzanians-elephant-poaching/2099195/, published April 2013, accessed August 2014.

4) Tanzania to deploy army, UAVs in poaching crackdown, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=30473:tanzania-to-deploy-army-uavs-in-poaching-crackdown&catid=87:border-security&Itemid=188, published May 2013, accessed August 2014.

5) Big Game Poachers, The Economist, http://www.economist.com/news/middle-east-and-africa/21631202-claims-links-between-politicians-and-poachers-merit-further-investigation-big, published November 2014, accessed February 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: At least two cases can be identified from media reports:

1) In 2013, an officer crashed a military vehicle outside Arusha, in northern Tanzania, with a stash of tusks and a gun with a silencer.
Source: NewsToday, 2015. Tanzania to increase defence budget by 30 pct
http://www.newstoday.com.bd/index.php?option=details&news_id=2395722&date=2014-11-26
Last updated 2014-11-26

2) On January 20 2013, an army sergeant was caught helping to transfer a tusk. The report indicated a man in army fatigues sitting cuffed in the back of a truck. Beside him sits curved tusk. Anti-poaching units hired to patrol private reserves have also found text messages between poachers' phones and government officials. There is also indication of use of military-grade ammunition, which are available only to government security forces.

Source: Environment, 2013. Tanzania's elephants in peril
Last updated 10:06 19/04/2013
http://www.stuff.co.nz/environment/8571613/Tanzanias-elephants-in-peril

3) The arrest of a person in possession of 1,126 elephant tusks. The person who was arrested was an employee from the National Service Unit, a military wing of the Tanzania defence Forces

Source: eTurboNews, 2014. Tanzanian military staff member arrested and charged over possession of elephant tusks, Jul 13, 2013
http://www.eturbonews.com/36127/tanzanian-military-staff-member-arrested-and-charged-over-posses

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

18.
score
1

Is there policing to investigate corruption and organised crime within the defence services and is there evidence of the effectiveness of this policing?

Researcher + Peer Reviewer4110: The National Defence Forces Act of 1966, Part IV, section C89, stipulates that any charges against defence personnel are to be investigated in accordance with Defence Forces Regulations, though it does not indicate what body, whether a military police force or other, should carry out this function. Although Tanzania has a military police unit that appears to be involved in investigating security forces' crimes such as unlawful killings of civilians, it is not clear whether this body is responsible for investigating corruption, while it is unlikely to enjoy independence from the overall military chain of command.

The Act, Part IV, section C120, also sets out the parameters for the court martial of any officers below the rank of Major, including who can make up the court martial. However, the Act also says that a commanding officer has the power to dismiss any charges if he or she believes it should not proceed, and there are no specifications as to what circumstances would allow this, or indication that due process should take place. The Act also stipulates that trial can be undertaken at the discretion of a commanding officer, suggesting there is little transparency, independence or checks and balances on military policing.

COMMENTS -+

1) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) NEC to put military police at registration centres, Pesa Times, http://www.pesatimes.co.tz/news/governance/nec-to-put-military-police-at-registration-centres/tanzania, published December 2014, accessed february 2015.

3) Tanzanian journalist killed reporting police-opposition clash, Reuters, http://in.reuters.com/article/2012/09/04/tanzania-journalist-idINL6E8K4G0F20120904, published September 2012, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: According to the researcher's comments and sources, I would suggest score 1.

Suggested score: 1

Peer Reviewer-+

19.
score
2

Are the policies, administration, and budgets of the intelligence services subject to effective, properly resourced, and independent oversight?

Researcher + Peer Reviewer4110: The Intelligence and Security Service Act of 1996 makes no mention of an authority responsible for overseeing its administration, budget or activities. Parliament provides for a defence and Security Committee responsible for considering matters related to Public Defence and National Security including expenditure estimates, investigating complaints and providing additional legislative scrutiny of government defence and intelligence policy. The 15 members of the committee are appointed by the Speaker of Parliament, while the chair – a position currently held by MP Anna Abdallah of the ruling Chama Cha Mapinduzi (CCM) – is elected by parliament.

In practice, while a parliamentary committee reshuffle of 2013 has somewhat improved the committee’s ability to review and influence policy, it is departing from a very low base. Media examination suggests the amount of intelligence information provided to the committee remains limited, diminishing its ability to carry out its functions.

RESPONSE TO PEER REVIEWER 2: There is insufficient evidence to show that the intelligence services are under effective scrutiny. Score maintained.

COMMENTS -+

1) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

2) The Tanzania Intelligence and Security Service Act, 1996, http://polis.parliament.go.tz/PAMS/docs/15-1996.pdf, accessed August 2014.

3) Bunge overhaults its standing committees, Bunge e-Newsletter, http://www.tanzania.go.tz/egov_uploads/documents/newsletter_feb_2013_sw.pdf, published February 2013, accessed August 2014.

4) Tanzania: New Parliamentary Oversight Committees have started well, Tanzania Daily News, http://allafrica.com/stories/201304010775.html, published March 2013, accessed August 2014.

5) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

6) The Constitution of the United Republic of Tanzania, available at www.judiciary.go.tz/downloads/constitution.pdf {Accessed on 17/05/2015}

7) Mahanga, M (2006) &quoute;Monitoring of Security Organs: The Role of parliament and its challenge&quoute; In Civil-Military Relations in Tanzania: Investigating the relationship between the State, Security Services and Civil Society edited by M, Rupiya, J.Lwehabura and Len Le Roux, ISS Monograph Series No.28, December 2006 pp.10-11

8) Baregu, M (2000) &quoute;parliamentary Oversight of defence and Security in Tanzania&quoute; In Le Rouch L, Rupiya M and N. Ngoma (eds) Guarding the Guardians: Parliamentary Oversight and Civil-Military Relations: The Challenge for SADC-A project of the defence section programme at the Institute of Security Studies pp.37-38

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: From the researcher's comments and sources, I would suggest option 3. Chapter 3 of the Tanzanian Constitution provides for a parliamentary defence and Security Committee to exercise oversight over the defence and military sector's budget, policies and administration. However its effectiveness is in question due to lack of detailed information (Open Budget Survey 2012 for Tanzania) to effectively carry out its oversight role that includes matters regarding defence estimates of expenditure in the annual budget proposals of the Ministry of defence and National Service and the Police and Prison Departments. The executive does not provide detailed information due to the perceived secrecy of military and defence information.

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

2,The Constitution of the United Republic of Tanzania, available at www.judiciary.go.tz/downloads/constitution.pdf {Accessed on 17/05/2015}

3. Mahanga, M (2006) &quoute;Monitoring of Security Organs: The Role of parliament and its challenge&quoute; In Civil-Military Relations in Tanzania: Investigating the relationship between the State, Security Services and Civil Society edited by M, Rupiya, J.Lwehabura and Len Le Roux, ISS Monograph Series No.28, December 2006 pp.10-11

4. Baregu, M (2000) &quoute;parliamentary Oversight of defence and Security in Tanzania&quoute; In Le Rouch L, Rupiya M and N. Ngoma (eds) Guarding the Guardians: Parliamentary Oversight and Civil-Military Relations: The Challenge for SADC-A project of the defence section programme at the Institute of Security Studies pp.37-38

Suggested score: 3

Peer Reviewer-+

20.
score
1

Are senior positions within the intelligence services filled on the basis of objective selection criteria, and are appointees subject to investigation of their suitability and prior conduct?

Researcher + Peer Reviewer4110: According to section 16 of the National Defence Act of 1966, defence forces appointments of the rank of Lieutenant-Colonel or above are to be made by the President following consultation with the Chief of Defence Forces. According to the Tanzania Intelligence and Security Service Act of 1996 the Director-General of Intelligence and Security is appointed by the president. The Director-General is eligible to serve unlimited terms, each not exceeding five years. Reports suggest the president also appoints the Deputy Director-General of Intelligence (Inside story of why President Kikwete deployed Tanzanian troops in DRC, News of Rwanda, http://www.newsofrwanda.com/featured1/22306/inside-story-of-why-president-kikwete-deployed-tanzanian-troops-in-drc/, published Feb 2014, accessed July 2015). There is no direct evidence to suggest the appointments are politically motivated, but the Acts reveal that the appointment process is strongly influenced by the executive with only a few checks and balances.

The Public Leadership Code of Ethic Act of 1995 and the Public Leadership Code of Ethics Amendment Act of 2001 classifies a public leader as anyone holding high public office including that of Chief of Defence Forces, Director-General of Intelligence and Inspector-General of Police. They stipulate that these officials must maintain integrity. The ethics secretariat, an independent government agency, is mandated to enforce these principles. There is no mention in the code of ethics of defence sector members below the upper leadership.

RESPONSE TO PEER REVIEWER 2: Disagree. The evidence submitted by the reviewer does not indicate a clear, objective set of selection criteria, which is a requirement for score 2 to be awarded. As discussed above, the only evidence that was found during research refers to laws without specific provisions. Score maintained.

COMMENTS -+

1) The Tanzania Intelligence and Security Service Act, 1996, http://polis.parliament.go.tz/PAMS/docs/15-1996.pdf, accessed August 2014.

2) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed February 2015.

3) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

4) Inside story of why President Kikwete deployed Tanzanian troops in DRC, News of Rwanda, http://www.newsofrwanda.com/featured1/22306/inside-story-of-why-president-kikwete-deployed-tanzanian-troops-in-drc/, published Feb 2014, accessed July 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: Recent media reports indicate that President Kikwete unilaterally appointed Mr Rashid Zongo to be the deputy director general of Tanzanian Intelligence and Security Service, primarily in retaliation against the director general, Mr. Rashid Othman, who had refused to endorse the deployment of Tanzanian troops in DR Congo.

News of Rwanda, 2014. Inside story of why President Kikwete deployed Tanzanian troops in DRC, Feb 12th, 2014
http://www.newsofrwanda.com/featured1/22306/inside-story-of-why-president-kikwete-deployed-tanzanian-troops-in-drc/

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: The reseracher's comments and sources point to option 3. Lupogo (2001) also argues that appointments of senior military officers are made by the President and based on individual merit and performance.
An external influence in such appointments come from a key recruitment policy in Tanzania for the military based on the balance of ethnic representation in appointments and promotions (Lindemann 2010) making TPDF a national force that is broadly reflective of the country's ethno-regional diversity. Omari (2002) argues that given these criteria, three sons of Presidents have failed to reach commissioned ranks.

Sources
1. Lindemann, S (2010) &quoute; Civilian Control of the Military in Tanzania and Zambia: Explaining Persistent Exceptionalism, Available at http://www.lse.ac.uk/internationalDevelopment/research/crisisStates/download/wp/wpSeries2/WP802.pdf {Accessed on 18/05/2015}

2. Lupogo, H (2001) &quoute;Civil-Military Relations and Political Stability&quoute; In African Security Review 10 (1) available at www.iss.co.za/pubs/ASR/10No.1/Lupogo.html

3. Omari, H (2002) &quoute;Civil-Military Relations in Tanzania&quoute; In R. Williams, G. Cawthra and D. Abrahams (eds) Ourselves to Know: Civil-Military Relations and defence Transformations in Southern Africa, Pretoria, Institute for Strategic Studies.

Suggested score: 3

Peer Reviewer-+

21.
score
1

Does the government have a well-scrutinised process for arms export decisions that aligns with international protocols, particularly the Arms Trade Treaty (ATT)?

Researcher + Peer Reviewer4110: Tanzania voted to adopt and signed the Arms Trade Treaty (ATT) in June 2013, though it has not yet ratified it. It is not clear how well Tanzania can be considered to be in compliance with the ATT, as compliance monitoring did not appear to have yet been set up at time of writing.

Tanzania has also signed a number of other treaties against the trafficking of illicit small arms, including the Nairobi Protocol for the Prevention, Control and Reduction of Small Arms and Light Weapons in the Great Lakes Region, the Horn of Africa and Bordering States, though this has not yet been ratified. Given that arms brokers are not specifically regulated by law, arms export decisions are unlikely to be well-scrutinized by parliament or any other body. Moreover, the Arms and Ammunition Act of 1991, which was amended in 2007, does not specify any provisions against corruption or bribery in arms exports.

The total value of arms exports, which stood at approximately $3,558 according to 2011 estimates, is relatively low. However, Gun Policy indicates that illegal weapons trafficking in Tanzania is moderate, suggesting that not all exports are likely to be reported through official channels: Tanzania is widely accepted to have acted as a major regional arms transit point for illegal weapons into Great Lake countries, such as the Democratic Republic of Congo and Burundi, with reports suggesting government involvement. In particular, the Tanzanian government has been accused of supporting the Democratic Forces for the Liberation of Rwanda (FDLR), a Rwandan rebel group based in Congo. Although the accusations have not been corroborated, and Tanzania denies them, a January 2015 UN report suggests FDLR members have held high level meetings in Tanzania since at least 2013. The report further expressed concern that the Tanzanian government was not properly investigating &quoute;activities by and in support of FDLR on its territory.&quoute; Although it is not clear that the government has directly provided arms to the FDLR, or any other regional rebel group, these reports point to strong conditions for limited scrutiny of arms export decisions. Meanwhile, although Gun Policy indicates the demand for Tanzanian weapons in Burundi declined after the end of the civil war in 2005, the deterioration in the security environment there surrounding the June and July elections is likely to have reinvigorated the trade.

COMMENTS -+

1) United Republic of Tanzania, Arms Treaty Issues, Arms Treaty, http://armstreaty.org/state/united-republic-of-tanzania/, accessed August 2014.

2) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

3) Tanzania - gun facts, figures and the law, Gun Policy, http://www.gunpolicy.org/firearms/region/tanzania, accessed August 2014.

4) The Arms and Ammunition Act, 1991 (amended 2007), http://www.vertic.org/media/National%20Legislation/Tanzania/TZ_Arms_and_Ammunition_Act.pdf, accessed August 2014.

5) New UN Report Pins Tanzania on FDLR Militia, Daily Monitor, http://www.monitor.co.ug/News/National/UN-report-pins-Tanzania-on-FDLR-militia/-/688334/2596208/-/12ep71uz/-/index.html, published January 2015, accessed February 2015.

6) 50 Informative Quotes on the Arms Trade Treaty (ATT), Camcode, http://www.camcode.com/asset-tags/50-quotes-on-the-arms-trade-treaty/, published December 2014, accessed February 2015.

7) Arms transfers and trafficking in Africa, Defence Aerospace, http://www.defence-aerospace.com/article-view/verbatim/16134/arms-transfers-and-trafficking-in-africa.html, accessed July 2015.

8) Burundi: civilians plotting to take up arms against government, International Business Times, http://www.ibtimes.co.uk/burundi-civilians-plotting-take-arms-against-government-1506883, published June 2015, accessed July 2015.

9) Armament Control Act 1991, available at http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20Armaments%20Control%20Act%201991.pdf {Accessed on 17/05/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Arms exports decisions are guided by the following Acts of parliament

1. Armament Control Act 1991, available athttp://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20Armaments%20Control%20Act%201991.pdf {Accessed on 17/05/2015}

2. Arms and Ammunition Act 1991, available at http://www.parliament.go.tz/polis/PAMS/docs/1-1991.pdf {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

Risk management 60
22.
score
3

How effective are controls over the disposal of assets, and is information on these disposals, and the proceeds of their sale, transparent?

Researcher + Peer Reviewer4110: The Armaments Control Act of 1991, amended in 2007, provides for a National Armaments Control Advisory Board that is mandated to ‘supervise and regulate the manufacture, importation, conveyance and disposal of armaments.’ The Arms and Ammunition Act of 1991 stipulates that all arms and ammunition must be disposed of by the Arms Authority or an authorized officer under the direction of the Minister responsible for home affairs.

A report on the implementation of the United Nations programme of action on small arms and light weapons of December 2009 indicated that public awareness of the danger of small arms is significant in Tanzania, leading to weapons still being surrendered for appropriate disposal by the authorities.

The government is providing financial assistance to help train officials in the appropriate handling of illicit small arms, collect statistics on them and raising awareness of the subject (REPORT ON IMPLEMENTATION OF THE UNITED NATIONS PROGRAMME OF ACTIONS (UNPoA) ON SALW, JANUARY – DECEMBER 2009, Page 6, The United Republic of Tanzania Ministry of Home Affairs, accessed August 2014). Nevertheless, the Public Procurement Act of 2011 stipulates that disposal of all defence assets must be conducted in accordance with a dual list, suggesting information is restricted.

The Public Finance Act of 2001 stipulates that the Controller and Auditor General is responsible for ensuring the proper disposal of all public assets, though this does not specifically pertain to the defence sector.

COMMENTS -+

1) The Arms and Ammunition Act, http://www.vertic.org/media/National%20Legislation/Tanzania/TZ_Arms_and_Ammunition_Act.pdf, accessed August 2014.

2) The Armaments Control Act, 1992, http://polis.parliament.go.tz/PAMS/docs/2-1991.pdf, accessed August 2014.

3) REPORT ON IMPLEMENTATION OF THE UNITED NATIONS PROGRAMME OF ACTIONS (UNPoA) ON SALW, JANUARY – DECEMBER 2009, The United Republic of Tanzania Ministry of Home Affairs, accessed August 2014.

4) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed February 2015.

5) The Public Finance Act, 2001, http://www.saflii.org/tz/legis/num_act/pfa2001123.pdf, accessed February 2015.

6) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

7) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

SOURCES -+

Opinion: Agree with Comments

Comment: Disposal of public assets is guided by the Public Procurement Regulations, 2013 (Arrangement Of Regulations), under the Public Procurement Act. However, information is omitted in Tender Portal regarding current or previous tenders.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The disposal of assets is controlled by the Public Finance Act No.6 of 2001 (revised 2004) and the Public Procurement Act 2011 but there are shortcomings as the process is not effective and transparent. According to the International Budget Survey for Tanzania 2012-the government does not provide parliament with information on non-financial assets, its therefore not clear when some of these assets are disposed. Secondly the defence and Security Committee is not provided with detailed information about defence assets and disposals. thirdly the Controller and Auditor General has lodged complains that the defence sector does not provide him with the necessary documents and detailed information to carry out effective audit of the sector.

Sources

1. Public Finance Act No. 6 of 2001 (Revised 2004) Regulation 40(2)/97/2005 and Regulation 254(4) Budget Speech 2013/14, available from www.mof.go.tx/mofdocs/budget/BUDGET%20SPEECH%20ENGLISH%20FINAL%20VERSION.pdf {Accessed on 18/05/2015}

2. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

3. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

4.The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/05/2015}

Suggested score:

Peer Reviewer-+

23.
score
1

Is independent and transparent scrutiny of asset disposals conducted by defence establishments, and are the reports of such scrutiny publicly available?

Researcher + Peer Reviewer4110: The Public Procurement Act of 2011 stipulates that each public body must establish a tender board for the disposal of public assets by tender. The defence sector is also required to comply with this. Moreover, the Controller and Auditor General is mandated to ensure the proper disposal of all public assets according to law, suggesting some scrutiny takes place. Although the Auditor General displays some level of independence, occasionally uncovering corruption in public service and making recommendations for reform, these recommendations are rarely followed.

In practice this is unlikely to apply to the defence sector in all cases, however. The Act goes on to say that the defence and national security bodies must manage their asset disposal on the basis of a dual list, meaning asset disposal in these sectors is at least partially shrouded from transparent scrutiny, while the results of these are not made publicly available.

There is no specific evidence of scrutiny in writing, but it appears there are measures in place to facilitate it.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) The Public Finance Act, 2001, http://www.saflii.org/tz/legis/num_act/pfa2001123.pdf, accessed February 2015.

3) Assessment of the Country's Public Procurement System, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed February 2015.

4) Corruption Blights public institutions in Tanzania, audit shows, Reuters, http://www.trust.org/item/20130513132350-msahn/, published May 2013, accessed July 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: I agree with the Researchers comments and sources but would like to add that the Executive does not provide parliament with information on non-financial assets in all sectors including the defence sector making it difficult to know whether the internal scrutiny of asset disposal is transparent and independent (International Budget Survey for Tanzania 2012). Secondly, the Controller and Auditor General has lodged complains that the defence sector does not provide him with the necessary documents and detailed information to carry out effective audit of the sector.

Sources

1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

3. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.


Suggested score:

Peer Reviewer-+

24.
score
0

What percentage of defence and security expenditure in the budget year is dedicated to spending on secret items relating to national security and the intelligence services?

Researcher + Peer Reviewer4110: Tanzania’s Open Budget Index report for 2012 recommends the percentage of secret expenditure be made available to the public, suggesting it is currently classified. There has been no mention in the media of government plans to release that information in the near future. Although the government releases some details on the defence budget in the year following its disbursement, there is no mention of percentages of secret budgets.

COMMENTS -+

1) Open Budget Survey 2012, Open Budget Index, Tanzania, http://internationalbudget.org/wp-content/uploads/OBI2012-TanzaniaCS-English.pdf, accessed August 2014.

2) Vote 28, Defence, Parliament of Tanzania, summary of public expenditure 2013/2014 - consolidated fund services and supply votes, http://www.parliament.go.tz/budget/2013/Votes/Vol2/38.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

25.
score
1

Is the legislature (or the appropriate legislative committee or members of the legislature) given full information for the budget year on the spending of all secret items relating to national security and military intelligence?

Researcher + Peer Reviewer4110: The constitution provides for a Defence and Security Committee to consider and review expenditure estimates, among other things. However, this does not require the committee to be made aware of specific budget details. Moreover, there have been known instances where information on secret budgets are not reviewed by or made known to the committee, suggesting limited legislative overview. For example, the sale of military air-traffic control equipment to Tanzania by British company BAE systems – was not reviewed by the committee.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) BAE criticized by UK MPs over Tanzania corruption, BBC, http://www.bbc.co.uk/news/world-africa-14204115, published July 2011, accessed August 2014.

3) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

4) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; in Le Roux, accessed August 3 2014, http://www.agora-parl.org/sites/default/files/Tanzania.pdf.

5) The cosntitution of the United Republic of Tanzania, http://www.judiciary.go.tz/downloads/constitution.pdf, accessed August 2014.

6) Secret deals between criminal moguls and corrupt politicians endanger Tanzania, IPP media, http://ippmedia.com/frontend/?l=60580, published October 2013, Accessed August 2014.

7) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The parliamentary committee on defence and Security Committee is provided very limited information (lacking details) for the budget year on the spending of secret items related to national security (Open Budget Survey 2012 for Tanzania) to effectively carry out its oversight role that includes matters regarding defence estimates of expenditure in the annual budget proposals of the Ministry of defence and National Service and the Police and Prison Departments. The executive does not provide detailed information due to the perceived secrecy of military and defence information.

Sources:
1. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

2. Executive Budget Proposal

Suggested score:

Peer Reviewer-+

26.
score
1

Are audit reports of the annual accounts of the security sector (the military, police, and intelligence services) and other secret programs provided to the legislature (or relevant committee) and are they subsequently subject to parliamentary debate?

Researcher + Peer Reviewer4110: The 2013/13 report by the Controller and Auditor General revealed that the defence forces failed to provide sufficient information for the carrying out of the audit despite government reports that this information is available for scrutiny. This suggests that while the report does cover the defence forces, and it is submitted to the legislature, information provided within it are incomplete. Moreover, even where defence or security budget information is provided to the auditors or legislative scrutiny, portions of these budgets are frequently disguised under re-allocations from different government departments (Source 2, section 4.2.1). Source 3 indicates that the legislature has appeared wary of openly debating military spending matters, preferring to leave that responsibility to internal defence mechanisms.

COMMENTS -+

1) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, accessed August 2014.

2) Incredible Budgets - budget credibility in theory and practice, by Rebecca Simson and Bryn Welham, July 2014. Overseas Development Institute, http://www.odi.org/publications/8478-incredible-budgets-budget-credibility-theory-practice#downloads, published July 2014, accessed August 2014. (section 4.2.1)

3) Tanzania: Security forces' accounts open for public scrutiny, Tanzania Daily News, http://allafrica.com/stories/201302080106.html, published February 2013, accessed August 2014.

4) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

27.
score
0

Off-budget military expenditures are those that are not formally authorised within a country's official defence budget, often considered to operate through the 'back-door'. In law, are off-budget military expenditures permitted, and if so, are they exceptional occurrences that are well-controlled?

Researcher + Peer Reviewer4110: Research found no mention within the Finance Act, constitution, or other relevant laws of the legality/illegality of off-budget defence expenditures. Reports of secretive military procurement deals – including the purchase of air-traffic control systems from BAE, which were not reviewed by the legislature or Defence and Security Committee, and the purchase of military equipment from China over the past several years – suggest off-budget military expenditures may occur with some regularity.

Given that specific expenditures are not publicised, it cannot be confirmed whether these purchases were funded according to prior budget allocations. However, the lack of transparency surrounding them suggests they were not formally authorised.

Moreover, the Overseas Development Institute further reports that Tanzania supplements its military budget after the official one has already been reviewed by parliament. Supplements come primarily from re-allocations from other departments, suggesting a lack of legislative oversight and other controls on off-budget expenditures.

COMMENTS -+

1) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed August 2014.

2) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; Le Roux, accessed August 3 2014, http://www.agora-parl.org/sites/default/files/Tanzania.pdf.

3) Incredible Budgets - budget credibility in theory and practice, by Rebecca Simson and Bryn Welham, July 2014. Overseas Development Institute, http://www.odi.org/publications/8478-incredible-budgets-budget-credibility-theory-practice#downloads, published July 2014, accessed August 2014.

4) The Constitution of the United Republic of Tanzania, http://www.judiciary.go.tz/downloads/constitution.pdf, accessed August 2014.

5) Finance Act, 2014. http://www.parliament.go.tz/assets/uploads/files/a01dd-THE-FINANCE_ACT.pdf

6) Open Budget Survey Tanzania 2012, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/05/2015}

7) World Bank Hits Out at Tanzania Deal, available at http://news.bbc.co.uk/2/hi/uk_news/politics/1723296.stm {Accessed on 17/05/2015}

SOURCES -+

Opinion: Agree with Comments

Comment: Provisions relating to off budget estimates appear to occur under different legislation or Acts. There is lack of clarity regarding the process for approval. The proposed legislation- Budget Bill 2014 seems to be an attempt to address this anomaly.


Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is no information provided on off-budget military expenditures though the scandal that have to the media including the fraudulent radar system equipment purchase from BAE in 2001 shows that they do occur.

Sources

1. Open Budget Survey Tanzania 2012, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/05/2015}

2. World Bank Hits Out at Tanzania Deal, available at http://news.bbc.co.uk/2/hi/uk_news/politics/1723296.stm {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

28.
score
1

In practice, are there any off-budget military expenditures? If so, does evidence suggest this involves illicit economic activity?

Researcher + Peer Reviewer4110: There is evidence of some history of off-budget military expenditures and that these have encountered allegations of corruption. However, the extent of this practice remains unclear, as information regarding off-budget expenditure is not available to the public.

COMMENTS -+

1) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed August 2014.

2) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; Le Roux, accessed August 3 2014, http://www.agora-parl.org/sites/default/files/Tanzania.pdf.

3) Simson, R. and Welham, B., &quoute;Incredible Budgets - budget credibility in theory and practice&quoute;, Overseas Development Institute, July 2014. http://www.odi.org/publications/8478-incredible-budgets-budget-credibility-theory-practice#downloads, accessed August 2014. (section 4.2.1)

4) BAE faces fine for Tanzania accounting offence, BBC, http://www.bbc.com/news/business-12036628, published December 2010, accessed July 2015.

5) Open Budget Survey Tanzania 2012, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/05/2015}

6) World Bank Hits Out at Tanzania Deal, available at http://news.bbc.co.uk/2/hi/uk_news/politics/1723296.stm {Accessed on 17/05/2015}

SOURCES -+

Opinion: Disagree

Comment: There is no evidence of off budget or supplementary budget for defence related purchases

Suggested score: 4

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: In practice there is evidence of off-budget military expenditures but the extent of involvement of economic illicit activities is unclear or unknown because the public only come to know of such as scandals if unearthed by the media or if information leaks out. Much of this information is secret and highly guarded by the military and the executive-not even Members of parliament are aware of such deal unless a scandal erupts.

Sources

1. Open Budget Survey Tanzania 2012, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/05/2015}

2. World Bank Hits Out at Tanzania Deal, available at http://news.bbc.co.uk/2/hi/uk_news/politics/1723296.stm {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

29.
score
2

In law, are there provisions regulating mechanisms for classifying information on the grounds of protecting national security, and, if so, are they subject to effective scrutiny?

Researcher + Peer Reviewer4110: The National Security Act of 1970 stipulates provisions for the protection of classified information for the purposes of national security, including through the prosecution of those who disclose such information.
The Intelligence and Security Service Act of 1996 further stipulates that all intelligence and information acquired by servicemen in relation to their duties not be disclosed, except in accordance with the Act. The intelligence services may disclose information if required for the carrying out of official duties such as for the investigation or prosecution of an offence or where the release of information is deemed by the Minister of Home Affairs as necessary to public interest. Intelligence officers are required to not disclose any information that would compromise the identity of any other officer or informant.

According to the Public Procurement Act of 2011, defence and national security organs, whose budgets are partially classified, are mandated to agree with the Public Procurement Authority on which category of items are to be classified, though this does not refer to details of classified items, suggesting information on these is not properly scrutinized. Moreover, the difficulty of accessing defence-related information for both the public and parliamentary committee members - information that is often restricted by the National Security Act of 1970, section 5, for example - suggests authorities err on the side of caution when deciding whether to release information. For example, 2015 Access to Information Act Bill Supplement (Section 6(3)) appears to provide some clarity in what categories of defence information can be released to the public, but what the Act constitutes as national security matters is relatively broad, leaving room for denial of information based on individual discretion.

RESPONSE TO PEER REVIEWER 2: Agree with comments. The criteria for score 3 require evidence that suitable control is exercised and only occasional evidence of rules being bypassed however. It is difficult to state this is the case given the available evidence. Score therefore maintained.

COMMENTS -+

1) The Tanzania Intelligence and Security Service Act, 1996, http://polis.parliament.go.tz/PAMS/docs/15-1996.pdf, accessed August 2014.

2) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) The National Security Act, 1970, http://www.saflii.org/tz/legis/num_act/nsa1970211.pdf, accessed August 2014.

4) Official Secrets Act 1963 available at http://www.saflii.org/tz/legis/num_act/osoaa1963328.pdf {Accessed on 17/05/2015}

5) Bill supplement to the Access of Information Act, 2015, http://www.parliament.go.tz/polis/PAMS/docs/1-2015-1.pdf, accessed July 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: The National Security Act gives the government discretionary powers to classify information. It further provides that once information is declared classified it is only accessible to authorized officers.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There are provisions in law to classify information on the ground of protecting national security but their scrutiny is not effective for a number of reasons. First, the Officials Secret Act make access to any kind of information extremely difficult because of its vagueness. Civil servants do not fully understand classification procedures and what is classified and what is not classified and could be classified they therefore seem to categorize all information as official secret just to be on the safe side of the law. The Public Service Act also prohibits public officers from releasing public information. Secondly, Tanzania does not have Freedom of Information Law even though article 18 of the Constitution stipulates the right to seek and receive information. The Official Secret Act takes away this right,. Third, the National Security Act restricts access to information by labeling a lot of security information as classified.

Sources
1. Official Secrets Act 1963 available at http://www.saflii.org/tz/legis/num_act/osoaa1963328.pdf {Accessed on 17/05/2015}

2. The National Security Act, available at http://www.egov.go.tz/egov_uploads/documents/NATIONAL_SECURITY_ACT_sw.pdf {Accessed on 17/05/2015}

3.The Public Service Act 2007 {Accessed on 17/05/2015}

Suggested score: 3

Peer Reviewer-+

30.
score
1

Do national defence and security institutions have beneficial ownership of commercial businesses? If so, how transparent are details of the operations and finances of such businesses?

Researcher + Peer Reviewer4110: Tanzania’s National Service, a military training service, has a commercial wing known as SUMA JKT that is involved in numerous commercial activities from the procurement of tractors for the government to private security ventures. SUMA JKT does not publish transparent information about its finances. It is a public organization that is required to follow the Public Procurement Act of 2011 when purchasing materials, although media reports suggest this has not always adhered to.

In 2013 the company branched into the private security business despite reports that this contravened fair competition rules. A number of other more established and reputable security companies – of which there are an estimated 800 – have reportedly lost out to SUMA JKT despite its small size and limited experience in the private security sector. In one case, where a bank chose SUMA JKT over another company despite offering a lower salary to guards, media coverage indicates that information regarding the transaction was not made available to the public despite Tanzania’s Security Industry Association’s assertions to the contrary.

SUMA JKT was implicated in an incident where seven defence officers were charged with abuse of office for failing to follow proper procurement procedures. The charges were dropped in April for lack of evidence, though the incident highlighted the extent of the involvement of the defence forces in commercial businesses and the limited oversight of their activities.

Whilst the government as a whole is involved in state-owned businesses, there is no further evidence of any other significant commercial businesses associated with the defence sector.

COMMENTS -+

1) Tanzanian government orders 3,000 tractors, Farming and Food Processing, http://www.africanfarming.net/technology/machinery-equipment/tanzanian-government-orders-3-000-tractors, published December 2013, accessed August 2014.

2) Private security firms downplay JKT entry, Daily News, http://dailynews.co.tz/archive/index.php/biz/34124-private-security-firms-downplay-jkt-entry, published July 2014, accessed August 2014.

3) Prosecution Closes JKT abuse of office case, Tanzania Daily News, http://allafrica.com/stories/201401160293.html, published January 2014, accessed August 2014.

4) Shirika la uzalishaji mali la jeshi la kujenga taifa (SUMA JKT), http://www.sumajkt.go.tz/eng/index.php, accessed February 2015.

5) Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}

6) Linderman, S and Putzel, J (2004) &quoute;State Resilience in Tanzania-Draft Analytical Narrative&quoute;, Guardian Reporter (2011) &quoute;MPs to drive away 100 SUMA JKT Tractors&quoute; Guardian, Dar es Salaam, 14th March

SOURCES -+

Opinion: Agree with Comments

Comment: Internal auditor report is not available. Some information on SUMAJKT financial activities is however available in the form of budget speech, which is available rom the Ministry of Defence and National Service website.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The army officially has a commercial wing called SUMA JKT, which has big businesses and joint ventures throughout the country (Cooksey,2011). But questions have been raised about SUMA JKT involvement in gold mining and gun running in the Democratic Republic of Congo (Linderman and Putzel, 2004) SUMA JKT was also said to be involved in the distribution of tractors imported from India under a loan of USD 40 Million guaranteed by the state. All these activities of SUMA JKT are not subject to scrutiny by parliament and crowded in secrecy.

1. Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}

2. Linderman, S and Putzel, J (2004) &quoute;State Resilience in Tanzania-Draft Analytical Narrative&quoute;, Guardian Reporter (2011) &quoute;MPs to drive away 100 SUMA JKT Tractors&quoute; Guardian, Dar es Salaam, 14th March

3. Website for SUMA JKT-http://www.sumajkt.go.tz/eng/

Suggested score:

Peer Reviewer-+

31.
score
1

Are military-owned businesses subject to transparent independent scrutiny at a recognised international standard?

Researcher + Peer Reviewer4110: Military owned businesses including SUMA JKT are required to adhere to the Public Procurement Act of 2011 when purchasing equipment. However, media reports suggest companies may have attempted to circumvent this scrutiny.

The effectiveness of private auditors, the controller and auditor general may be limited by the information made available to them. For example, the 2010 controller and auditor general report indicates that the Defence ministry entered into a contract with SUMA JKT, but that the company did not make the contract documents available for verification. Similarly, a private audit report conducted for the 2003-04 financial year raises multiple irregularities, including delays in preparing accounting books ahead of audits. Without access to proper information, auditors are unlikely to have the ability to conduct independent and reliable scrutiny to an international standard.

COMMENTS -+

1) Private security firms downplay JKT entry, Daily News, http://www.dailynews.co.tz/index.php/biz/34124-private-security-firms-downplay-jkt-entry, published July 2014, accessed August 2014.

2) Prosecution Closes JKT abuse of office case, Tanzania Daily News, http://allafrica.com/stories/201401160293.html, published January 2014, accessed August 2014.

3) Court acquits SUMA JKT officers, Tanzania Daily news, http://allafrica.com/stories/201404240109.html, published April 2014, accessed August 2014.

4) Annual General Report of the Controller and Auditor General, http://www.tanzania.go.tz/egov_uploads/documents/nao_go_default_22_sw.pdf, published June 2010, accessed February 2015.

5) Vote 39, Ministry of Defence and National Service (JKT), http://www.repoa.or.tz/documents_storage/TGN/AUDIT-MDA-2004/Vote%2039-2004.pdf, accessed February 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: Internal auditor report is not available. Some information on SUMAJKT financial activities is however available in the form of budget speech, which is available from the Ministry of Defence and National Service website.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The army officially has a commercial wing called SUMA JKT, which has big businesses and joint ventures throughout the country (Cooksey, 2011). But questions of lack of scrutiny and transparency have been raised about SUMA JKT involvement in gold mining and gun running in the Democratic Republic of Congo (Linderman and Putzel, 2004) SUMA JKT was also said to be involved in the distribution of tractors imported from India under a loan of USD 40 Million guaranteed by the state, which was not transparent. All these activities of SUMA JKT are not subject to scrutiny by parliament and crowded in secrecy.

1. Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}

2. Linderman, S and Putzel, J (2004) &quoute;State Resilience in Tanzania-Draft Analytical Narrative&quoute;, Guardian Reporter (2011) &quoute;MPs to drive away 100 SUMA JKT Tractors&quoute; Guardian, Dar es Salaam, 14th March

3. Website for SUMA JKT-http://www.sumajkt.go.tz/eng/

Suggested score:

Peer Reviewer-+

32.
score
0

Is there evidence of unauthorised private enterprise by military or other defence ministry employees? If so, what is the government's reaction to such enterprise?

Researcher + Peer Reviewer4110: The government does not outlaw private enterprise by members of the defence forces, though as of October 2014 it is drafting a new law that would ban all public officials from holding private sector jobs. At present, according to the National Defence Act of 1966, a defence officer can be ‘attached or, with his consent, seconded to any department or agency of the government, any public or private institution, private industry or any other body.’ Section 45 of the Act stipulates that the pay and allowances of seconded officers are to be determined by the Defence Forces Regulations, though these do not specify whether the officer would be permitted to benefit financially from the arrangement.

Lack of clarity over these regulations was highlighted in March 2014 by reports (Govt to offer private security services, The Citizen, http://www.thecitizen.co.tz/News/Govt-to-offer-private-security-services/-/1840392/2261664/-/v07hyk/-/index.html, published March 2014, accessed August 2014) that the commercial branch of the National Service Wing of the Tanzania People’s Defence Forces (SUMA JKT), launched a unit to provide private security services. Although the Public Leadership Code of Ethics Act of 1995 stipulates that public leaders, including the chief of defence forces, shall &quoute;not have private interests other than those permitted by the Code&quoute; (para 6.d), the document does not specify further what is permitted. Moreover, the Code does not require officers to disclose their personal assets for legislative scrutiny, suggesting there is no oversight to ensure that defence employees involved in private security ventures do not engage in private activities or draw additional private salaries.

SUMA JKT's profits are nontransparent and their accounting is not available to the public, so it is not possible to determine whether profits are returned to the government or to private individuals.

Although the Code of Ethics is due to be strengthened in the coming year to require officers’ assets to be declared, this has yet to take effect.

COMMENTS -+

1) National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

3) Tanzania plans new powers to strengthen code of ethics, http://www.trust.org/item/20130924204025-0x2jl?view=print, published September 2013, accessed August 2014.

4) Govt to offer private security services, The Citizen, http://www.thecitizen.co.tz/News/Govt-to-offer-private-security-services/-/1840392/2261664/-/v07hyk/-/index.html, published March 2014, accessed August 2014.

5) Tanzania to ban public officials from holding private sector jobs, Reuters, http://www.reuters.com/article/2014/10/02/us-foundation-tanzania-ethics-idUSKCN0HR24520141002, published October 2014, accessed February 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: The National defence Act does not outlaw private enterprise by members of the defence forces

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The military officially has a commercial wing called SUMA JKT, which has big businesses and joint ventures throughout the country (Cooksey,2011). There is evidence of unauthorized private enterprise where questions have been raised about SUMA JKT involvement in gold mining and gun running in the Democratic Republic of Congo (Linderman and Putzel, 2004).. Questions have also been raised about SUMA JKTinvolvement in the distribution of tractors imported from India under a loan of USD 40 Million guaranteed by the state. The government has not been keen in scrutinizing these activities.

1. Cooksey, B (2011) Public Goods, Rents and Business in Tanzania, Background Paper, June 2011, Overseas Development Institute, available at http://www.institutions-africa.org/filestream/20130724-public-goods-rents-and-business-in-tanzania {Accessed on 17/05/2015}

2. Linderman, S and Putzel, J (2004) &quoute;State Resilience in Tanzania-Draft Analytical Narrative&quoute;, Guardian Reporter (2011) &quoute;MPs to drive away 100 SUMA JKT Tractors&quoute; Guardian, Dar es Salaam, 14th March

3. Website for SUMA JKT-http://www.sumajkt.go.tz/eng/

Suggested score:

Peer Reviewer-+

Policies & codes 90
34.
score
0

Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit - through, for example, speeches, media interviews, or political mandates - to anti-corruption and integrity measures?

Researcher + Peer Reviewer4110: Former Defence Minister Shamsi Vuai Nahodha was dismissed in December 2013 following allegations of his involvement in organized crime and human rights abuses related to illegal poaching. The new Defence Minister, Hussein Mwinyi, has yet to make any public pronouncement on anti-corruption matters. An extensive media search also reveals no public statements against corruption by the Chief of Defence Forces Davis Mwamunyange. This highlights a lack of leadership on anti-corruption, to the point where retired permanent secretary Patrick Rutabanzibwa stated in December 2013 that corruption among public servants is so rampant it is seen as a right (source 2). Without this leadership the rest of the department of defence or other sectors are unlikely to have publicly committed to anti-corruption measures.

RESPONSE TO PEER REVIEWER 2: Disagree. The first and third sources provided are from 2011, and the second does not appear to mention defence personnel. This does not really provide suitable evidence of any expression of commitment, particularly as corruption remains a significant ongoing issue for Tanzania. Score maintained.

COMMENTS -+

1) Tanzanian president sacks 4 ministers over poaching abuses, New Age, http://newagebd.com/old_archives/detail.php?date=2013-12-22&nid=77608#.U-KHm-N5OSo, published December 2013, accessed August 2014.

2) Corruption ' a right' in Tanzania, claims retired PS, The Citizen, http://www.thecitizen.co.tz/News/Bribes-a-right-in-Tanzania/-/1840392/2002338/-/t5hqjoz/-/index.html, published September 2013, accessed August 2014.

3) 1.Tanzania: TPDF Urges Soldiers to Stick to Principles, Avoid Crime, available at http://allafrica.com/stories/201108180213.html {Accessed on 18/05/2015}

4) Southern African Forum Against Corruption, available at http://www.pccb.go.tz/index.php/global-initiatives/entertainment-news/music{Accessed on 18/05/2015}
5) The Citizen, Dar es Salaam, Tanzania: defence Minister Urges for Efficiency and Dilligence, available at www.allafrica.com/stories/201101180138.htm (Accessed on 18/05/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There are some commitment to anti-corruption measures shown by senior military officials through speeches and by attending anti corruption forums and conferences

Sources

1.Tanzania: TPDF Urges Soldiers to Stick to Principles, Avoid Crime, available at http://allafrica.com/stories/201108180213.html {Accessed on 18/05/2015}

2.Southern African Forum Against Corruption, available at http://www.pccb.go.tz/index.php/global-initiatives/entertainment-news/music{Accessed on 18/05/2015}

3. The Citizen, Dar es Salaam, Tanzania: defence Minister Urges for Efficiency and Dilligence, available at www.allafrica.com/stories/201101180138.htm (Accessed on 18/05/2015}

Suggested score: 1

Peer Reviewer-+

35.
score
2

Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there public evidence that these measures are being carried out?

Researcher + Peer Reviewer4110: Paragraph C.65.-(1) of the National Defence Act of 1966 states that every officer who commits an offence is liable for prosecution and punishment according to the relevant ordinance, including the Prevention and Combating of Corruption Act, which provides for prosecution of corruption offenses. Moreover, the constitution states that all public leaders are required to refrain from all activities that would promote or condone corrupt practices. However, there is no mention in these or other public documents of what specifically constitutes corruption, raising the risk of PCCA measures being applied arbitrarily, undermining its effectiveness.

The Public Leadership Code of Ethics Act further appears to condone certain forms of corruption by allowing public officials to accept ‘incidental gifts’ or other benefits of ‘nominal value’. Although small gifts are commonly allowed in most countries' conflict of interest rules, the Act does not specify an upward value for each gift, suggesting the provision can be abused through arbitrary classification of what constitutes 'nominal' or 'incidental'.

The lack of clarity on what constitutes nominal value leaves a loophole whereby officials can solicit bribes or other benefits of unlimited value. Moreover, while members of the defence forces are known to have solicited bribes from the public, there have been no known convictions. Sources 2 and 3 suggest the military takes its own disciplinary action against any cases of corruption (rather than going through the PCCA or other independent bodies), meaning instances of corruption or their prosecution are rarely made public.

RESPONSE TO PEER REVIEWERS: Agree with Reviewer 1 and to an extent, Reviewer 2. To award score 3 there would need to be some evidence that effective measures have been or are being carried out. The evidence indicates the president's moves to sack ministers appear to have mostly been cosmetic efforts to appease donors while shuffling people around to other ministries, rather than a genuine attempt at discipline. Score changed from 1 to 2.

COMMENTS -+

1) The Constitution of the United Republic of Tanzania, http://www.judiciary.go.tz/downloads/constitution.pdfaccessed August 2014.

2) The National Defence Act of 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

3) The Prevention and Combating of Corruption Act, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf, accessed August 2014.

4) Public Leadership Code of Ethics, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

5) Interview with Source 2: CSO senior staff member based in Dar es Salaam, Tanzania, August 2014.

6) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

SOURCES -+

Opinion: Disagree

Comment: Some measures are in place for personnel found to have taken part in corruption. These are generally classified as civil offence in the National Defence Act. Offences are charged under the the Prevention and Combating of Corruption Act.

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: According to the researcher's comments and sources he/she cited, which include formal governmental documents and Acts of parliament-the best option for this question is option 3. There are formal measures in place to deal with personnel found to have taken part in bribery and corruption and there are cases where these measures have been taken. The problem is the effectiveness and consistency in application of these measures. The President has taken some of these measures and sacked Ministers found to have been involved in corruption (See Source below)

Sources

1.Tanzania leader sacks ministers amid corruption scandal, available at http://www.bbc.com/news/world-africa-17957767 {Accessed on 18/05/2015}

2.Tanzania's Kikwete sacks Tibaijuka amid corruption row, available at http://www.bbc.com/news/world-africa-30585980 {Accessed on 18/05/2015}

3.Tanzanian President Sacks Six Ministers Over Corruption, available at http://www.ibtimes.com/tanzanian-president-sacks-six-ministers-over-corruption-696453 {Accessed on 18/05/2015}

4.Tanazania MP furious “corrupt” ministers were cleared by gov’t, available at http://www.afrikareporter.com/tz-mp-furious-corrupt-ministers-were-cleared-by-govt/ {Accessed on 18/05/2015}




Suggested score: 3

Peer Reviewer-+

36.
score
1

Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?

Researcher + Peer Reviewer4110: The Prevention and Combating of Corruption Act (PCCA) stipulates that all informers, which includes whistleblowers, have the right to protection including when reporting on public officials. According to Part 1 of the Act, public officials include members of the military (p7).

Reports suggest the Prevention and Combating of Corruption Bureau (PCCB) has taken action against reprisals committed against whistleblowers in the past. However, while the act does not require witnesses to disclose the name of their informers, it does not specifically prohibit this practice, leaving whistleblowers vulnerable to the discretion of individual witnesses in a case.

Moreover, the PCCB’s ability to protect whistleblowers remains limited as the PCCA and criminal procedure code lack significant authority in this respect. According to a 2014 UN report, investigations into the implementation of the PCCA have revealed that despite whistleblower protection existing on paper, there are few measures in place to ensure it is enacted in practice, with cases of reprisals against whistleblowers – including for example dismissals from employment – being reported. Whistleblower protection is currently only extended to those reporting to the PCCB, though legislation is currently under consideration to expand that protection to all whistleblowers.

COMMENTS -+

1) Tanzania: UNCAC review experience: good practice, June 2014, Vienna, Austria, http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/2-6June2014/PanelPresentations/Tanzania_presentation_good_practices.pdf, published June 2014, accessed August 2014.

2) Country review report of the United Republic of Tanzania, United Nations Office on Drugs and Crime, http://www.pccb.go.tz/images/stories/global_initiatives/Final_Country_Review_2014.pdf, accessed August 2014.

3) The Prevention and Combating of Corruption Act, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf, accessed August 2014.

4) Tanzania Country Profile, Business Anti-Corruption Portal, http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/tanzania/initiatives/public-anti-corruption-initiatives.aspx, accessed February 2015.

5) Tanzania Human Rights Reports 2009, Legal and Human Rights Centre, http://www.humanrights.or.tz/downloads/tanzania-human-rights-report-2009.pdf, published April 2010, accessed February 2015.

6) A JOINT STATEMENT ON THE BANNING OF MWANAHALISI WEEKLY INVESTIGATIVE NEWSPAPER, Tanzania Human Rights Defenders Coalition, http://www.thrd.or.tz/uploads/8.pdf.last.pdf, published August 2012, accessed February 2015.

7) The Global Integrity Report: 2010, https://www.globalintegrity.org/global_year/2010/, accedded February 2015.

8) Call for protection of whistleblowers, July 2013, available at http://www.thecitizen.co.tz/Sunday/-/1841668/1907408/-/7n0ljrz/-/index.html {Accessed on 18/05/2015}

9) Tanzania Human Rights Reports 2011, Legal and Human Rights Centre, http://www.humanrights.or.tz/downloads/tanzania-human-rights-report-2011.pdf, {Accessed on 18/05/2015}

10) Most Shy Away from Report Bribery to PCCB, Police, 24 Tanzania, http://www.24tanzania.net/most-shy-away-from-reporting-bribery-to-pccb-police/, published January 2015 {Accessed on 18/05/2015}&quoute;

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Prevention and Combating of Corruption Act 2007 (PCCA) governs and defines who is protected when disclosing information and what constitutes that information. The PCCA does not differentiate between private sector and government employees,which include the defence Ministry employees, thus equal protection is afforded to all categories of employees.The PCCA contains confidentiality provisions requiring the protection of the identity and whereabouts of an informer in any civil or criminal proceedings, which could include concealing their identity in court.The Prevention and Combating of Corruption Bureau (PCCB) has the mandate to provide and maintain the hotline service to which corruption can be reported. The PCCB also provides an online complaint form, which allows citizens to report corruption anonymously;

However in practice there are cases where whistle-blowers have not been protected and faced negtaive repercussions for reporting corruption for example in 2006 a Mr. Anthony Rukoijo, An employee of the Bank of Tanzania questioned the Bank of Tanzania (BoT)’s controversial Twin Towers project where $200 million (approximately Sh330 billion) would be lost. He lost his job. Most people therefore shy away from reporting corruption as PCCB found out in its report in 2015 (Se sources below) According to Global Integrity 2013, this protection is not enforced and whistleblowers often face substantial negative consequences. According to Legal and Human Rights Centre's Annual Report 2011, whistleblowers are only partially protected at the level of public services.

Sources

1.The Prevention and Combating of Corruption Act, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf {Accessed on 18/05/2015}

2.Call for protection of whistleblowers, July 2013, available at http://www.thecitizen.co.tz/Sunday/-/1841668/1907408/-/7n0ljrz/-/index.html {Accessed on 18/05/2015}

3. Global Integrity Report 2013, available at http://www.rai-see.org/knowledge-base/surveys/1418-global-integrity-report-2013.html {Accessed on 18/05/2015}

4.Tanzania Human Rights Reports 2011, Legal and Human Rights Centre, http://www.humanrights.or.tz/downloads/tanzania-human-rights-report-2011.pdf, {Accessed on 18/05/2015}

5.Most Shy Away from Report Bribery to PCCB, Police, 24 Tanzania, http://www.24tanzania.net/most-shy-away-from-reporting-bribery-to-pccb-police/, published January 2015 {Accessed on 18/05/2015}



Suggested score:

Peer Reviewer-+

37.
score
1

Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?

Researcher + Peer Reviewer4110: This information was not publicly available at the time of research. There may be special attention paid to personnel in sensitive positions, but even in the event that this is paid, media reports suggest that oversight for the appointment and employment of all public officials - including those with positions of increased financial risk - is highly secretive.

RESPONSE TO PEER REVIEWER 1: The comments and source provided by Reviewer 1 do not provide conclusive evidence against there being special attention, while the evidence of broader reform frameworks such as NACSAP indicates this could reasonably be possible. Score maintained.

COMMENTS -+

1) Vetted by The System, but, still corrupt, incompetent and arrogant in public office, IPP media, http://www.ippmedia.com/frontend/?l=46645, published October 2012, accessed August 2014.

2) National Defence Act 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

3) The Tanzania Intelligence and Security Service Act, 1996, http://polis.parliament.go.tz/PAMS/docs/15-1996.pdf, accessed August 2014.

SOURCES -+

Opinion: Disagree

Comment: There is no special attention given to selection of personnel. There are a number of purchasing and supplies officers, engineers, architects, quantity surveyors and the like who are employed to carry out the procurement functions.

Nkinga, N, 2003. Public Procurement Reform - The Tanzanian Experience.
https://www.wto.org/english/tratop_e/gproc_e/wkshop_tanz_jan03/tanzaniacase3_e.doc

Suggested score: 0

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

38.
score
1

Is the number of civilian and military personnel accurately known and publicly available?

Researcher + Peer Reviewer4110: The approximate number of military personnel is publicly available (on government sites), with 28,000 active military personnel and 80,000 in reserve. However, there is no publicly available information on the total number of civilian defence personnel, while the exact numbers of military personnel are not published by the defence ministry annually for example. In 2013 the military expressed a desire to expand troop numbers, but did not indicate by how much.

COMMENTS -+

1) The Tanzanian military is supplied by Russia, China and several European powers, Global Fire Power, http://www.globalfirepower.com/country-military-strength-detail.asp?country_id=tanzania, published March 2014, accessed August 2014.

2) Tanzania military stats, Nation Master, http://www.nationmaster.com/country-info/profiles/Tanzania/Military, accessed August 2014.

3) Tanzania People's Defence Force, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=33095:tanzania-peoples-defence-force&catid=119:african-militaries, published December 2013, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

39.
score
0

Are pay rates and allowances for civilian and military personnel openly published?

Researcher + Peer Reviewer4110: The National Defence Act stipulates that pay and allowances must be at rates set out by the Defence Forces Regulations, which are not public. A source in Tanzania reported that the military does not release reports on payments or allowances to its officers, and an extensive search yielded no information on them.

COMMENTS -+

1) National Defence Act 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

40.
score
2

Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?

Researcher + Peer Reviewer4110: The system of payments is not published or made available to the public. There is no evidence to suggest that payment to the defence forces experiences delays however. No recent media reports are available indicating payment delays, while lack of military unrest – a common indication of significant or severe salary payment delays – suggests military personnel receives due remuneration.

RESPONSE TO PEER REVIEWER 1: Disagree. Lack of information available suggests considerable shortcomings in clarity and transparency. Score maintained.

COMMENTS -+

No sources available.

SOURCES -+

Opinion: Disagree

Comment: There is no evidence of pay delays. Basic pay is non-discretionary, as it is guided by Defence Forces Regulations under the National Defence Act:

45.-(1) The pay and allowances of officers and men shall be at such rates and issued under such conditions as are prescribed by Defence Forces Regulations.
(2) The pay and allowances of officers and men are subject to such forfeitures and deductions as may be prescribed by Defence Forces Regulations

Suggested score: 4

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: I also could not find any source on whether the system of payment is well established, routine and published and whether personnel receive the correct pay on time. However there is no evidence or press reports that the military pay delays. I thus can confirm the Researcher's comments. The above information is not openly published.

Suggested score:

Peer Reviewer-+

41.
score
1

Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?

Researcher + Peer Reviewer4110: According to section 16 of the National Defence Act of 1966, defence forces appointments of the rank of Lieutenant-Colonel or above are to be made by the President following consultation with the Chief of Defence Forces. According to the Tanzania Intelligence and Security Service Act of 1996 the Director-General of Intelligence and Security is appointed by the President. Reports suggest the President also appoints the Deputy Director-General of Intelligence. There is no evidence to suggest the appointments are politically motivated, but the Acts reveal that appointments are likely to be strongly influenced by the executive as they have few checks and balances from the other two branches. Moreover, as a civil society representative in Tanzania stated, there is limited transparency in the process of appointments, with the public only being made aware of them after they have been carried out. Further media searches yielded no results in terms of public announcements prior to military appointments.

The Public Leadership Code of Ethnic Act of 1995 and the Public Leadership Code of Ethics Amendment Act of 2001 classifies a public leader as anyone holding high public office including that of Chief of Defence Forces, Director-General of Intelligence and Inspector-General of Police. They stipulate that these officials must maintain integrity. The ethics secretariat, an independent government agency, is mandated to enforce these principles. There is no mention in the code of ethics of defence sector members below the upper leadership however, while the provisions themselves remain vague.

Though there seems to be a system for the appointment of military personnel, and part of it is published in the Acts, it is not transparent and may not be firmly established given the limited checks and balances.

RESPONSE TO PEER REVIEWER 2: Disagree. Firstly, the National Defence Act provisions are not specific enough to constitute &quoute;independent, transparent and objective&quoute;. Secondly, the suggested score requires more detailed evidence of an established appointment system, which requires the use of objective job descriptions and assessment processes for appointments, and oversight by independent personnel. Score maintained.

COMMENTS -+

1) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

3) The Tanzania Intelligence and Security Service Act, 1996, http://polis.parliament.go.tz/PAMS/docs/15-1996.pdf, accessed August 2014.

4) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There is an established system of appointments of the military middle and top management levels outlined in the National defence Act 1996. Lupogo (2001) also argues that appointments of senior military officers are made by the President and based on individual merit and performance. Omari (2002) argues that given these criteria, three sons of Presidents have failed to reach commissioned ranks.

An external influence in such appointments come from a key recruitment policy in Tanzania for the military based on the balance of ethnic representation in appointments and promotions (Lindemann 2010) making TPDF a national force that is broadly reflective of the country's ethno-regional diversity.

Sources
1. Lindemann, S (2010) &quoute;Civilian Control of the Military in Tanzania and Zambia: Explaining Persistent Exceptionalism&quoute;, Available at http://www.lse.ac.uk/internationalDevelopment/research/crisisStates/download/wp/wpSeries2/WP802.pdf {Accessed on 18/05/2015}

2. Lupogo, H (2001) &quoute;Civil-Military Relations and Political Stability&quoute; In African Security Review 10 (1) available at www.iss.co.za/pubs/ASR/10No.1/Lupogo.html

3. Omari, H (2002) &quoute;Civil-Military Relations in Tanzania&quoute; In R. Williams, G. Cawthra and D. Abrahams (eds) Ourselves to Know: Civil-Military Relations and defence Transformations in Southern Africa, Pretoria, Institute for Strategic Studies.

4.The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, {Accessed on 17/05/2015}

Suggested score: 3

Peer Reviewer-+

42.
score
1

Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.

Researcher + Peer Reviewer4110: Although there is an indication of formal promotion processes as stipulated by the National Defence Act, research found no evidence of these taking place through external boards or other external oversight mechanisms. According to the National Defence Act of 1966 promotions must be recommended by the Defence Forces Committee, an internal organ to the defence forces, or appointed by a board approved by the Defence Forces regulations and recommended by the President. No evidence was found to suggest these appointments are not meritocratic or objective, although political factors may also play a role in decisions given how few checks and balances there are on the process. In fact, there appears to be no independent oversight mechanisms, with appointment and promotion decisions being carried out almost entirely within the defence forces or ministry.

RESPONSE TO PEER REVIEWER 2: Disagree. The fact that &quoute;three sons of presidents have failed to reach commissioned ranks&quoute; is not relevant enough or sufficient enough evidence of an meritocratic and objective promotions process. Score maintained.

COMMENTS -+

1) National Defence Act 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

2) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

3) Lindemann, S (2010) &quoute; Civilian Control of the Military in Tanzania and Zambia: Explaining Persistent Exceptionalism, Available at http://www.lse.ac.uk/internationalDevelopment/research/crisisStates/download/wp/wpSeries2/WP802.pdf {Accessed on 18/05/2015}

3) Lupogo, H (2001) &quoute;Civil-Military Relations and Political Stability&quoute; In African Security Review 10 (1) available at www.iss.co.za/pubs/ASR/10No.1/Lupogo.html

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: According to the Researchers comments, I would suggest option 2. There are indications of formal processes through the National defence Act 1996, where individual meritocracy and appraisals are considered in promotions even though some external factors like ethic balance do play a role in the promotions (Lindemann 2010. Lupogo (2001) argues that appointments of senior military officers are made by the President and based on individual merit and performance. Omari (2002) argues that given these criteria, three sons of Presidents have failed to reach commissioned ranks.

Sources
1. Lindemann, S (2010) &quoute; Civilian Control of the Military in Tanzania and Zambia: Explaining Persistent Exceptionalism, Available at http://www.lse.ac.uk/internationalDevelopment/research/crisisStates/download/wp/wpSeries2/WP802.pdf {Accessed on 18/05/2015}

2. Lupogo, H (2001) &quoute;Civil-Military Relations and Political Stability&quoute; In African Security Review 10 (1) available at www.iss.co.za/pubs/ASR/10No.1/Lupogo.html

3. Omari, H (2002) &quoute;Civil-Military Relations in Tanzania&quoute; In R. Williams, G. Cawthra and D. Abrahams (eds) Ourselves to Know: Civil-Military Relations and defence Transformations in Southern Africa, Pretoria, Institute for Strategic Studies.

4.The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, {Accessed on 17/05/2015}

Suggested score: 2

Peer Reviewer-+

43.
score
N/A

Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher + Peer Reviewer4110: There is no compulsory conscription in Tanzania. Those wishing to enter higher learning institutions must first carry out a one-year training programme with the National Service however, after which they are placed into the reserve force.

COMMENTS -+

1) The World Factbook, Tanzania, https://www.cia.gov/library/publications/the-world-factbook/geos/tz.html, accessed August 2014.

2) Tanzania set to revive National Service programme, Sabahi online, http://sabahionline.com/en_GB/articles/hoa/articles/features/2012/06/21/feature-02, published June 2012, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

44.
score
2

With regard to compulsory or voluntary conscription, is there a policy of refusing bribes to gain preferred postings in the recruitment process? Are there appropriate procedures in place to deal with such bribery, and are they applied?

Researcher + Peer Reviewer4110: The Tanzania National Service (JKT) programme would fall under the category of voluntary conscription. Though there are no guidelines in place to prevent national service applicants (to conscript programmes or other) from soliciting specific posts specifically, anti-bribery guidelines stipulated in the Code of Ethics Act cover all acts of bribery, presumably including in the recruitment process.

The Public Leadership Code of Ethnic Act of 1995 and the Public Leadership Code of Ethics Amendment Act of 2001 stipulate officials must maintain integrity by not putting themselves in a position where personal interest would trump his or her responsibilities, by not soliciting or accepting ‘transfers of economic benefit other than incidental gifts, customary hospitality, or other benefits of nominal value’, and by not using government property in such a way as to gain personal economic benefits among other things. The ethics secretariat, an independent body, is mandated to enforce these principles. However, there is no mention in the code of ethics of defence sector members below upper leadership, while the provisions themselves remain vague and are not specific to bribery or corruption to gain preferred postings in the recruitment process. In particular, references to ‘incidental gifts’ and ‘other benefits of nominal value’ suggest there are a number of loopholes that corrupt officials could exploit, though there is no evidence to suggest they do so on a widespread basis.

According to sources 2 and 3, measures in place to address any cases of bribery or corruption are dealt with internally in the Ministry of Defence or within the defence forces, and results are not made public. However, it is unclear how effective they are as source 3 - and a review of local media - suggest there have been no known convictions on corruption offences within the defence forces.

COMMENTS -+

1) Interview with Source 2: CSO senior staff member based in Dar es Salaam, Tanzania, August 2014.

2) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

3) The Public Leadership Code of Ethics, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

45.
score
3

Is there evidence of 'ghost soldiers', or non-existent soldiers on the payroll?

Researcher + Peer Reviewer4110: There is no evidence of ghost soldiers existing within the military, while according to Source 3, the Defence and Security committee within the legislature is relatively effective at reviewing military salaries and other human resources issues.

There have been widespread reports over the years of ghost workers existing in various other government ministries however. Although it is unclear whether any of these include the defence ministry, a general failure to uncover the problem and investigate or prosecute anyone responsible suggests the phenomenon could occur in the defence sector as well.

RESPONSE TO PEER REVIEWERS: Sources added.

COMMENTS -+

1) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

2) Ghost Workers' 40bn/ - should pay teachers' arrears - House, The Tanzania Post, http://www.tanzaniapost.co/2014/11/ghost-workers-40bn-should-pay-teachers.html, published November 2014, accessed February 2015.

3) Body to Fight Ghost Workers Sworn In, Pesa Times, http://www.pesatimes.co.tz/news/governance/body-to-fight-ghost-workers-sworn-in/, published October 2013, accessed February 2015.

4) Tanzania Human Rights Report 2010, US State Department, www.state.gov/documents/organization/160147.pdf, accessed February 2015.

5) Reuters, 2015. Tanzania orders probe into &quoute;ghost workers&quoute; on government payroll
http://www.reuters.com/article/2015/03/28/us-tanzania-fraud-idUSKBN0MO0PY20150328

6) The Citizen, 2015. Sh40bn saved from ghost workers
http://www.thecitizen.co.tz/News/Sh40bn-saved-from-ghost-workers/-/1840392/2428212/-/2wbqitz/-/index.html

7) Global Payroll Association: “Tanzanian government investing ghost payroll figures”
http://www.globalpayrollassociation.co.uk/tanzanian-government-investing-ghost-payroll-figures/

SOURCES -+

Opinion: Agree with Comments

Comment: Reuters, 2015. Tanzania orders probe into &quoute;ghost workers&quoute; on government payroll
http://www.reuters.com/article/2015/03/28/us-tanzania-fraud-idUSKBN0MO0PY20150328

The Citizen, 2015. Sh40bn saved from ghost workers
http://www.thecitizen.co.tz/News/Sh40bn-saved-from-ghost-workers/-/1840392/2428212/-/2wbqitz/-/index.html

Global Payroll Association: “Tanzanian government investing ghost payroll figures”
http://www.globalpayrollassociation.co.uk/tanzanian-government-investing-ghost-payroll-figures/

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: A Tanzania Human Right Report in 2010 stated that the government was losing about 20 percent of its budget annually due to corruption and 'ghost workers'. Though there is no firm evidence that this happening within the defence and security sector but such laxity may make it possible that ghost soldiers exist in the military.

Source: Tanzania Human Rights Report, available at www.state.gov/documents/organization/160147.pdf pp.28 {Accessed on 17/05/2015}

Suggested score:

Peer Reviewer-+

46.
score
1

Are chains of command separate from chains of payment?

Researcher + Peer Reviewer4110: There is evidence that chains of payment may not be entirely separate from chains of command. The Labour Institute Act of 2004 is responsible for deciding on minimum wages for each sector. According to this Act, the Minister of Public Service appoints wage boards – whose members’ identities are made public – in each sector responsible for investigating payments and terms of employment. However, the Employment and Labour Relations Act of 2004 is responsible for stipulating the modes, formula and timing of wage payments, but this Act does not apply to the Tanzania People’s Defence Force (TPDF), suggesting the forces conduct payments internally.

COMMENTS -+

1) Decent Work Country Profile Tanzania (mainland), International Labour Office, http://www.ilo.org/public/english/region/afpro/daressalaam/download/decent_work_tz.pdf, published in 2010, accessed August 2014.

2) The Labour Institutions Act, 2004, http://www.tanzania.go.tz/egov_uploads/documents/Labour%20Institution%20Act.pdf, accessed August 2014.

3) Employment and Labour Relations Act, 2004, http://www.tccia.com/tcciaweb/docs/Employment%20and%20Labour%20Relations-2004.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: I could not find any evidence to claim either a separation or lack of separation between chains of command and chains of payment.

Suggested score:

Peer Reviewer-+

47.
score
1

Is there a Code of Conduct for all military and civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities?

Researcher + Peer Reviewer4110: Media reports (TPDF Urges Soldiers to Stick to Principles, Avoid Crime, The Citizen, http://allafrica.com/stories/201108180213.html, published August 2011, accessed February 2015) mention the existence of a military code of conduct covering all members of the defence forces, though this does not appear to be publicly available.

The Public Leadership Code of Ethics Act of 1995 and the Public Leadership Code of Ethics Amendment Act of 2001 classify a public leader as anyone holding high public office including that of Chief of Defence Forces, Director-General of Intelligence and Inspector-General of Police. They stipulate that these officials must maintain integrity by not putting themselves in a position where personal interest would trump his or her responsibility as leader, by not soliciting or accepting ‘transfers of economic benefit other than incidental gifts, customary hospitality, or other benefits of nominal value’, and by not using government property in such a way as to gain personal economic benefits among other things.

In relation to post-separation activities and conflict of interest, public leaders who leave office are required to not act in a manner that would bring ridicule on the office and to avoid taking advantage of their previous positions for personal gain. The Ethics Secretariat, an independent body, is mandated to enforce these principles.

There is no mention of defence sector members below upper leadership in the code of ethics. Moreover, the code does not require officials to declare their assets publicly, though this is likely to change in the coming year after the government in September 2013 announced plans to strengthen the powers of its Ethics Commissioner. The changes would also empower the Commissioner to take punitive action against those who fail to comply with ethical guidelines.

RESPONSE TO PEER REVIEWER 2: Disagree. The existence (and possible content) of the military's code of conduct is unclear, whilst the Public Leadership Code of Ethics only applies to senior leaders such as the Chief of Defence Force. Score maintained.

COMMENTS -+

1) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

2) Tanzania plans new powers to strengthen code of ethics, http://www.trust.org/item/20130924204025-0x2jl?view=print, published September 2013, accessed August 2014.

3) TPDF Urges Soldiers to Stick to Principles, Avoid Crime, The Citizen, http://allafrica.com/stories/201108180213.html, published August 2011, accessed February 2015.

4) Jonathan Mutayoba Kakulu Lwehabura and Jeanne Karamaga Ndyetabura &quoute;Implementation of the Tanzanian National Policy on HIV/AIDS in Relation to the Defence Sector&quoute;, ISS Africa, p.152, http://www.issafrica.org/uploads/CHAP5EW.PDF, published 2006, accessed February 2015.

5) United Republic of Tanzania, 2009. Standing Orders for the Public Service 2009
http://www.kilimo.go.tz/publications/english%20docs/Public%20Service%20Standing%20Orders.pdf

SOURCES -+

Opinion: Agree with Comments

Comment: F.27 Particular Types of Misconduct:
(1) Offence warranting formal proceedings shall be:
(a) act or omission involving moral turpitude e.g. theft, corrupt practices, etc;

Source: United Republic of Tanzania, 2009. Standing Orders for the Public Service 2009
http://www.kilimo.go.tz/publications/english%20docs/Public%20Service%20Standing%20Orders.pdf

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: According to the Researchers comments and sources, I would suggest that the best option for this question is option 3.

Suggested score: 3

Peer Reviewer-+

48.
score
1

Is there evidence that breaches of the Code of Conduct are effectively addressed ,and are the results of prosecutions made publicly available?

Researcher + Peer Reviewer4110: At least one media report (TPDF Urges Soldiers to Stick to Principles, Avoid Crime, The Citizen, http://allafrica.com/stories/201108180213.html, published August 2011, accessed February 2015) mentions the existence of a military code of conduct covering all members of the defence forces, though this does not appear to be publicly available. The Public Leadership Code of Ethics Act of 1995 and the Public Leadership Code of Ethics Amendment Act of 2001 function like a code of conduct for senior defence leaders.

Civil society sources in Tanzania indicate that there is limited to no public information available on corruption cases or other breaches of conduct within the defence forces. While it is known that corruption prosecutions do occur, suggesting that breaches of the code are addressed, sanctions and reprimands are carried out internally and results are not made available to the public. Moreover, it is not clear how often and to what extent breaches are addressed, as there have been no known convictions on corruption charges. Although the Ethics Secretariat is mandated by the constitution and the Leadership Code to conduct preliminary investigations into corruption allegations, it is not authorised to prosecute. This is likely to change in the coming year after the government in September 2013 announced plans to strengthen the powers of its Ethics Commissioner. The changes would also empower the Commissioner to take punitive action against those who fail to comply with ethical guidelines.

COMMENTS -+

1) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

2) Interview with Source 2: CSO senior staff member based in Dar es Salaam, Tanzania, August 2014.

3) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

4) United Republic of Tanzania President's Office - Ethics Secretariat, Mandate and Functions, http://www.ethicssecretariat.go.tz/?p_id=19, accessed August 2014.

5) TPDF Urges Soldiers to Stick to Principles, Avoid Crime, The Citizen, http://allafrica.com/stories/201108180213.html, published August 2011, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: According to the Researchers comments and sources, I would suggest that the best option for this question is option 3. There are some indications that breaches of the code of conduct are addressed as shown below by the articles/sources cited. Some results of prosecutions are publicly available from the media, while others are not publicly available. The government does not deliberately make this information available to the public.

Sources

1.Tanzania leader sacks ministers amid corruption scandal, available at http://www.bbc.com/news/world-africa-17957767 {Accessed on 18/05/2015}

2.Tanzania's Kikwete sacks Tibaijuka amid corruption row, available at http://www.bbc.com/news/world-africa-30585980 {Accessed on 18/05/2015}

3.Tanzanian President Sacks Six Ministers Over Corruption, available at http://www.ibtimes.com/tanzanian-president-sacks-six-ministers-over-corruption-696453 {Accessed on 18/05/2015}


Suggested score: 3

Peer Reviewer-+

49.
score
2

Does regular anti-corruption training take place for military and civilian personnel?

Researcher + Peer Reviewer4110: The National Service programme, which is a one year military training programme open to all Tanzanians fit for service, carries out anti-corruption training (Sabahi Online). There is also evidence of training of public service officers and members of the tender boards from the Ministry of Defence. For example training on ethics, integrity and accountability for public service officers, including defence staff, was carried out in June 2013, while the Prevention and Combating of Corruption Bureau (PCCB) and the Public Procurement Regulatory Authority (PPRA) trained Ministry of Defence Tender Board members on the Public Procurement Act 2004, Corruption and Ethics Infrastructure in March 2010. The training was part of the implementation of the National Anti-Corruption Strategic and Action Plan (NACSAP II), whose goal was to strengthen anti-corruption mechanisms in all areas of government. However, NACSAP II has since terminated, and it is unclear when the new framework will be implemented, though a new version is currently under development. Moreover, although training sessions have occurred, it remains unclear how regularly they are held.

RESPONSE TO PEER REVIEWER 1: Disagree. There is evidence formal anti-corruption training has taken place for selected personnel in more sensitive positions, although there is no evidence that this has been regularly repeated. This is in line with the criteria for score 2. Score maintained.

COMMENTS -+

1) Tanzania set to revive National Service programme, Sabahi online, http://sabahionline.com/en_GB/articles/hoa/articles/features/2012/06/21/feature-02, published June 2012, accessed August 2014.

2) Training on Public Procurement Act 2004; Corruption and Ethics Infrastructure to the Members of the Tender Boards from Ministries, Prevention and Combating of Corruption Bureau, http://www.pccb.go.tz/index.php/nacsap/the-national-anti-corruption-strategy-and-action-plan/nacsap-phase-ii/473-training-on-public-procurement-act-2004-corruption-and-ethics-infrastructure-to-the-members-of-the-tender-boards-from-ministries, published March 2013, accessed August 2014.

3) Promoting ethics, integrity and accountability in public service, Prevention and Combating of Corruption Bureau, http://www.pccb.go.tz/index.php/investigation/524-promoting-ethics-integrity-and-accountability-in-public-service, published July 2013, accessed August 2014.

4) U4 Anti-corruption resource centre, Tanzania: overview of corruption and anti-corruption, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, accessed August 2014.

5) NACSAP II Progress Report, January-June 2010

SOURCES -+

Opinion: Disagree

Comment: Prevention and Combating of Corruption Bureau, 2013. Training on Public Procurement Act 2004; Corruption and Ethics Infrastructure to the Members of the Tender Boards from Ministries, as part of the Nation Anti-Corruption Strategic and Action Plan (NACSAP II).


Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: NACSAP II Progress Report for January-June 2010 reported that it had managed to train government officials from 26 Ministries (including defence Ministry), 68 departments and 55 government agencies on Corruption and Ethics Infrastructure but its not clear if these trainings will be regular.

Source
1.NACSAP II Progress Report, January-June 2010, available at file:///C:/Users/Owinga/Downloads/Tanzania%20National%20Strategy%20II%20Progress%20Report.pdf {Accessed on 18/05/2015}

Suggested score:

Peer Reviewer-+

50.
score
0

Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?

Researcher + Peer Reviewer4110: There have been no known effective prosecutions of defence force personnel for corrupt activity in recent years. Sources 2 and 3 have reported that where corruption trials in defence have occurred, these have been internally dealt with and the results not made public. Even where allegations of malpractice in defence deals have reached the public – as in the case of the sale by BAE of military air-traffic control systems in 1999 – no Tanzanian officials were subsequently fined or put on trial though some British MPs and other public figures called on Tanzania to initiate prosecutions for bribery. The eventual settlement reached with the SFO and BAE enabled BAE to avoid prosecution. If BAE were to ultimately have been found guilty of corruption or bribery, it may have debarred the company from doing business in Europe.

Leaked sources from Wikileaks state that the leading Tanzanian investigator into the case reportedly feared for his life, he claimed the deal involved officials from the Ministry of Defence and at least one senior level military officer, but reported that he was powerless to bring them to prosecution as top-level officials were protected by the presidency.

COMMENTS -+

1) Interview with Source 2: CSO senior staff member based in Dar es Salaam, Tanzania, August 2014.

2) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

3) Wikileaks cables: Tanzania official investigating BAE 'fears for his life', The Guardian, http://www.theguardian.com/world/2010/dec/19/wikileaks-cables-tanzania-bae-fears, published December 2010, accessed August 2014.

4) UK MPs urge Tanzania to prosecute over bribery allegations in BAE deal, The Guardian, published December 2011, accessed August 2014.

5) House of Commons, International Development Committee, Written evidence from Sarah Hermitage, 15 July 2011, www.publications.parliament.uk/pa/cm201012/cmselect/cmintdev/847/847vw09.htm

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

51.
score
1

Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?

Researcher + Peer Reviewer4110: Several pieces of legislation discourage corruption, including the Public Procurement Act and the Prevention and Combating of Corruption Act. Section 23(1) of the Act states that an offense is committed when a person &quoute;solicits, accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any advantage without lawful consideration or for a lawful consideration which he knows or has reason to believe to be inadequate.&quoute; Section 33(1) also states that &quoute;Any person who promises, offers or gives to a public official or any other person directly or indirectly, an undue advantage in order that the public official or that other person to abuse his real or supposed influence with a view to obtaining from the administration or a public authority an undue advantage for the original instigator of the act or for any other person, commits an offence and shall be liable on conviction to a fine not exceeding three million shillings or to imprisonment for a term not exceeding two years or to both.&quoute; The Act pertains to all government ministries, including defence.

The Public Leadership Code of Ethnic Act of 1995 classifies a public leader as anyone holding high public office including that of Chief of Defence Forces, Director-General of Intelligence and Inspector-General of Police. They stipulate that these officials must maintain integrity by not putting themselves in a position where personal interest would trump his or her responsibility as leader, by not soliciting or accepting ‘transfers of economic benefit other than incidental gifts, customary hospitality, or other benefits of nominal value’, and by not using government property in such a way as to gain personal economic benefits among other things.

The ethics secretariat, an independent body, is mandated to enforce these principles. However, there is no mention in the code of ethics of defence sector members below upper leadership, while the provisions themselves remain vague. In particular, references to ‘incidental gifts’ and ‘other benefits of nominal value’ indicate a number of loopholes that corrupt officials could exploit. Since there is no specific upward value given to these items, enforcement of this provision is likely to be applied arbitrarily. Moreover, media and anecdotal reports continue to suggest that bribery remains rife throughout all sectors in Tanzania. While there are no specific publicly known incidents of this occurring in the defence sector in recent years, the general lack of political will to tackle corruption - as highlighted by continued reports of incidents and general impunity for those who accept bribes - suggests facilitation payments occur regularly in the defence sector.

RESPONSE TO PEER REVIEWER 2: Disagree. As discussed above, there are clear holes or insufficiencies in the laws designed to discourage facilitation payments. There is also clear evidence that the occurrence of facilitation payments is common across all sectors. This is in line with the criteria for score 1.

COMMENTS -+

1) Public Leadership Code of Ethics Act, 1995, http://polis.parliament.go.tz/PAMS/docs/13-1995.pdf, accessed August 2014.

2) The Prevention and Combating of Corruption Act, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf, accessed August 2014.

3) The Public Service (amendment) Act, 2007, http://www.saflii.org/tz/legis/num_act/psasta2007368.pdf, accessed August 2014.

4) The Public Procurement Act, http://www.saflii.org/tz/legis/num_act/psasta2007368.pdf, accessed August 2014.

5) Most Shy Away from Report Bribery to PCCB, Police, 24 Tanzania, http://www.24tanzania.net/most-shy-away-from-reporting-bribery-to-pccb-police/, published January 2015, accessed February 2015.

6) Tanzania: Where Something Small Goes Far, Mail and Guardian, http://mg.co.za/article/2013-07-12-00-tanzania-where-something-small-goes-far, published July 2013, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: According to the Researchers comments and sources, I would suggest that the best option for this question is option 2. Facilitation payments are discouraged through the legal framework . However these legal frameworks are not effective or not enforced effectively.

Suggested score: 2

Peer Reviewer-+

Training 60
52.
score
1

Do the armed forces have military doctrine addressing corruption as a strategic issue on operations?

Researcher + Peer Reviewer4110: The National Defence Act of 1966, section C(54) stipulates that any serviceman who ‘improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty’, or ‘receives directly or indirectly…any gift, loan promise, compensation or consideration, either in money or otherwise, from any person…in the transaction of any business relating to the Defence Forces’ or ‘improperly demands or gives directions for the provision of any materiel’ is guilty of an offence and liable for imprisonment. Mention of military duty and activities done in relation to activities carried out on behalf of the Defence Forces suggest these provisions apply corruption during operations. There is no indication in the Act that corruption is seen as a strategic issue however.

COMMENTS -+

1) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: There is no reference to corruption in terms of objectives, values and principles on the Ministry of Defence and National Service

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

53.
score
1

Is there training in corruption issues for commanders at all levels in order to ensure that these commanders are clear on the corruption issues they may face during deployment? If so, is there evidence that they apply this knowledge in the field?

Researcher + Peer Reviewer4110: There is evidence of training of public service officers. For example training on ethics, integrity and accountability for public service officers was carried out in June 2013. However, there is no specific mention of anti-corruption training for commanders deployed to field missions. Despite this, there is no significant evidence of corruption being mishandled during deployment

COMMENTS -+

1) Wikileaks cables: Tanzania official investigating BAE 'fears for his life', The Guardian, http://www.theguardian.com/world/2010/dec/19/wikileaks-cables-tanzania-bae-fears, published December 2010, accessed August 2014.

2) Promoting ethics, integrity and accountability in public service, Prevention and Combating of Corruption Bureau, http://www.pccb.go.tz/index.php/investigation/524-promoting-ethics-integrity-and-accountability-in-public-service, published July 2013, accessed August 2014.

3) Prevention and Combating of Corruption Bureau (PCCB), 2013. Training on Public Procurement Act 2004; Corruption and Ethics Infrastructure to the Members of the Tender Boards from Ministries, 08 March 2013 14:04
http://www.pccb.go.tz/index.php/nacsap/the-national-anti-corruption-strategy-and-action-plan/nacsap-phase-ii/473-training-on-public-procurement-act-2004-corruption-and-ethics-infrastructure-to-the-members-of-the-tender-boards-from-ministries

SOURCES -+

Opinion: Agree with Comments

Comment: The website of the Prevention and Combating of Corruption Bureau (PCCB) show that the anti-corruption agency has provided only one training on “Corruption and Ethics Infrastructure to the Members of the Tender Boards from Ministries, in 2010. This training was provided as part of Nation Anti-Corruption Strategic and Action Plan (NACSAP II)

Source: Prevention and Combating of Corruption Bureau (PCCB), 2013. Training on Public Procurement Act 2004; Corruption and Ethics Infrastructure to the Members of the Tender Boards from Ministries, 08 March 2013 14:04
http://www.pccb.go.tz/index.php/nacsap/the-national-anti-corruption-strategy-and-action-plan/nacsap-phase-ii/473-training-on-public-procurement-act-2004-corruption-and-ethics-infrastructure-to-the-members-of-the-tender-boards-from-ministries

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

54.
score
1

Are trained professionals regularly deployed to monitor corruption risk in the field (whether deployed on operations or peacekeeping missions)?

Researcher + Peer Reviewer4110: There is no evidence to suggest that rained professionals regularly deployed to monitor corruption risk on domestic operations.

Tanzania has so far deployed over 2,200 defence forces troops to peacekeeping missions in Sudan (African Union-United Nations Mission in Darfur – UNAMID), Lebanon (United Nations Interim Force in Lebanon – UNFIL), Abyei (United Nations Interim Security Force for Abyei – UNISFA), South Sudan (United Nations Mission in South Sudan - UNMISS) and the Democratic Republic of Congo (United Nations Organisation Stabilisation Mission in Congo – MONUSCO). There is no evidence that defence forces undergo anti-corruption training before being deployed, nor that anti-corruption monitors are deployed alongside with them. Although the United Nations mission provide some anti-corruption training for peacekeepers, this does not include how to identify or address corruption risks.

COMMENTS -+

1) Minister Says Troops to Continue Partaking in Peace Missions Contributing Troops, Tanzania Daily News, http://allafrica.com/stories/201405300198.html, published May 2014, accessed August 2014.

2) Peacekeeping by UN faces new scrutiny on 2 fronts, New York Times, http://www.nytimes.com/2013/10/10/world/peacekeeping-by-un-faces-new-scrutiny-on-2-fronts.html?_r=0, published October 2013, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

55.
score
0

Are there guidelines, and staff training, on addressing corruption risks in contracting whilst on deployed operations or peacekeeping missions?

Researcher + Peer Reviewer4110: Reports indicate that United Nations peacekeeping missions do not provide clear guidance on corruption, while there is little evidence to suggest Tanzania provides such guidelines prior to deployment. Tanzania is currently not involved in any non-UN peacekeeping missions. The National Defence Act of 1966 Section C(54) stipulates that no serviceman shall accept or demand undue payments while carrying out any duties for the Defence Forces. However, there appear to be no publicly available guidelines on how to identify or respond to potential for corruption, while the Act itself does not specifically refer to contracting or deployment abroad. While there is some evidence of members of the defence forces receiving some training for foreign deployments, it is not clear whether any of it is specific to contracting in or corruption risks.

COMMENTS -+

1) Peacekeeping by UN faces new scrutiny on 2 fronts, New York Times, http://www.nytimes.com/2013/10/10/world/peacekeeping-by-un-faces-new-scrutiny-on-2-fronts.html?_r=0, published October 2013, accessed August 2014.

2) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

3) Omari Abilla (2002) Civil-Military Relations in Tanzania, In Ourselves to Know: Civil Military Relations and defence Transformation in Southern Africa edited by Rocky Williams, Gavin Cawthra and Diane Abrahams, Institute of Strategic Studies.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: There is evidence of professional training for peace-keeping force by the Tanzanian military (Omari,2002). What is not clear is whether such trainings involve addressing corruption risks in contracting during peace-keeping missions. There is also evidence of professional training by the UN before deployment to peace keeping missions. Again its not clear if the training involve corruption and contracting during the missions (See Directorate of Military Training and Cooperation 2009-2010 Annual Report)

Sources

1. Directorate of Military Training and Cooperation 2009-2010 Annual Report, available at www.forces.gc.ca/admpol/mtcp-annual-report-eng.html {Accessed on 18/05/2015}

2. Omari Abilla (2002) Civil-Military Relations in Tanzania, In Ourselves to Know: Civil Military Relations and defence Transformation in Southern Africa edited by Rocky Williams, Gavin Cawthra and Diane Abrahams, Institute of Strategic Studies.

Suggested score:

Peer Reviewer-+

56.
score
2

Private Military Contractors (PMCs) usually refer to companies that provide operational staff to military environments. They may also be known as security contractors or private security contractors, and refer to themselves as private military corporations, private military firms, private security providers, or military service providers.

Researcher + Peer Reviewer4110: A thorough search of open source material revealed no evidence to indicate that Private Military Contractors are employed to any significant extent.

However, in 2013 SUMA JKT, the commercial branch of the defence sector, expanded into the private security (source 1) business despite reports that this contravened fair competition rules. A number of other more established and reputable security companies – of which there are an estimated 800 – have reportedly lost out to SUMA JKT despite its small size and limited experience in the private security sector.

RESPONSE TO PEER REVIEWERS: Agree with comments, however please note that score 2 is awarded for all countries in the 2015 GI where 1) PMCs are not employed; and 2) there are no regulations forbidding their employment.

COMMENTS -+

1 - Daily News, 'Private security firms downplay jkt entry', July 2014: http://www.dailynews.co.tz/index.php/biz/34124-private-security-firms-downplay-jkt-entry

SOURCES -+

Opinion: Disagree

Comment: Tanzania law does not yet authorize private military contractors or companies

Suggested score: N/A

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: There is no evidence that the United Republic of Tanzania employs Private Military Contrators. There is also no evidence of regulations forbidding their use. Tanzania does not use PMCs.

Suggested score: N/A

Peer Reviewer-+

Personnel 50
57.
score
1

Does the country have legislation covering defence and security procurement and are there any items exempt from these laws?

Researcher + Peer Reviewer4110: The Public Procurement Regulatory Authority (PPRA) – established under the Public Procurement Act of 2011 – is in place to oversee all public procurement activities in mainland Tanzania with the aim of ensuring ‘fair, competitive, transparent, non-discriminatory and value for money procurement standards and practices’ among other things. The Defence and National Security organs also fall under this authority. However, according to the Public Procurement Act of 2011, Part I, Section 2(3), they are also mandated to organize procurement under a dual list, meaning information on a number of acquisitions is to remain classified according to a list to be agreed upon each year between the PPRA and the defence sector. It is not possible to determine what proportion of defence procurement was exempted under the dual list. A source also reported that parliament prefers to avoid open debate on defence procurement, suggesting limited opportunities for oversight and transparency, and many for by-passing legislation.

Procurement practices have been somewhat strengthened in recent years - including through the strengthening of the Prevention and Combating of Corruption Bureau through a series of National Anti-Corruption Strategy and Action Plans (NACSAP) and plans announced in 2013 to close procurement loopholes that can be used for corruption in all sectors. The PPRA in fact, suspended 19 procurement firms in October 2014 after finding that they had engaged in corrupt practices. However, incidents of corruption in government procurement continue to be reported, with legislation on violations not being enforced or respected. Though reports do not specifically mention the defence sector, given the overall preponderance of corrupt practices in government procurement it is likely that procurement legislation in defence is often by-passed. Common ways in which this is done is by the government awarding preferential treatment to well-connected companies, or by diverting public funds. According to the Public Procurement Act of 2011 Part I section 2(4), &quoute;The Defence and National Security Organs shall agree annually with the Authority on the category of items to be included in the restricted list and on restricted procurement methods set out in this Act or regulations made under this Act which applies to each category of item on the restricted list.&quoute; However, it does not specify how or by whom scrutiny of restricted items is to be carried out.

COMMENTS -+

1) Welcome Note, Public Procurement Regulatory Authority, http://www.ppra.go.tz/, accessed August 2014.

2) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) BAE criticized by UK MPs over Tanzania corruption, BBC, http://www.bbc.co.uk/news/world-africa-14204115, published July 2011, accessed August 2014.

4) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

5) Tanzania: Overview of Corruption and Anti-Corruption, Anti-Corruption Resource Centre, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, published March 2014, accessed February 2015.

6) Tanzania Suspends 19 Procurement Firms Over Corruption, AllAfrica, http://allafrica.com/stories/201410080468.html, published October 2014, accessed February 2015.

7) Tanzanian minister calls time on procurement corruption, Supply Management, http://www.supplymanagement.com/news/2013/tanzanian-minister-calls-time-on-procurement-corruption, published June 2013, accessed February 2015.

8) Tanzania Country Profile, Business Anti-Corruption Portal, http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/tanzania/corruption-levels/public-procurement-and-contracting.aspx, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

58.
score
0

Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?

Researcher + Peer Reviewer4110: While the defence ministry appears to openly call for tenders, little else appears to be publicly available in terms of the procurement cycle process. No detail has been disclosed in recent procurements prior to their taking place. The cycle is disclosed in only a very general way.

Source 3 indicates that the legislature does not openly debate defence needs, meaning anything pertaining to these, including needs assessments and asset disposal, are not made public. While some procurement processes are discussed by the Security and Defence Committee, the defence forces operate under a dual list, one of which is covered by the National Security Act and whose contents are not made public.

The Public Procurement Act of 2011 similarly stipulates that each public body must establish a tender board for the disposal of public assets by tender. However, this is unlikely to apply to the defence sector in all cases. The Act goes on to say that the defence and national security bodies must manage their asset disposal on the basis of a dual list as well, meaning asset disposal in these sectors is at least partially shrouded from transparent scrutiny, while the results of these are not made publicly available.

RESPONSE TO PEER REVIEWERS: Agree with comments. Score changed from 1 to 0 in line with this, and noting there is no clear evidence that a formalized process exists.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

3) Public procurement reform, the Tanzanian experience, By Eng. N.S.D Nkinga, www.wto.org/english/tratop_e/gproc_e/wkshop.../tanzaniacase3_e.doc, published January 2003, accessed August 2014.

4) Global Tenders, http://www.globaltenders.com/search.php?notice_type_new[]=1,2,3,7,10,11,16,9,4,8®ion_name[]=TZ§or=56, accessed February 2015.

SOURCES -+

Opinion: Disagree

Comment: Tanzania procurement regulations do not have clear uniform procedures and established controls for the procurement cycle. There is no evidence of procurement audits relating to defence procurement. But even among the other public procuring entities, the last procurement audits done during the financial year 2006/2007 showed average level of compliance of 42% (PPRA, 2007). Judging by this pattern in the public entities, and given the opaque nature of the defence sectors, there is likely to be much lower level of compliance to the procurement requirements as they relate to the procurement cycle.

Public Procurement Regulatory Authority (PPRA), 2007. Procurement Audits in 20 Procuring Entities
http://www.unpcdc.org/media/13420/second%20phase%20report%20on%20procurement%20audits%20in%2020%20procuring%20entities.pdf

United Republic Of Tanzania, 2011. The Public Procurement Act, 2011, Act Supplement No. 9

Suggested score: 0

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The regulations are clear that the government needs to disclose to the public procurement decisions but the Public Procurement Act-Revised 2011 allows the defence sector to manage their procurement using a dual list covering items subject to open and restricted procurement. Security reasons are always cited for non-disclosure and if disclosed its usually in very abbreviated form.

Sources
1. Public Procurement Act 2004 (Ammendment) No.7 of 2011, Part I Section (2) (3) (3) (Goods, Works, Non-Consultant Services and Disposal of Public Assets by Tender), Regulations, 2005, Section 21 (3) available at www.ppra.go.tz/newppra/ppra_documents/Legal%20issues/procurement%20Regulations/reg_works_goods_nonconsultant_2.pdf {Accessed on 18/05/2015}

Suggested score:

Peer Reviewer-+

59.
score
1

Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?

Researcher + Peer Reviewer4110: Defence procurement oversight mechanisms are in place in the form of the Public Procurement Regulatory Authority (PPRA), which is responsible for ensuring that the defence committee performs its oversight function on procurement matters in the defence sector. However, these mechanisms and the extent to which they are enforced lack transparency. The PPRA is mandated to ensure that all public bodies, including the defence forces, adhere to the Public Procurement Act of 2011, and its regulations of 2013, in terms of managing their procurement and disposal of public assets. The defence forces are also required to prepare a dual list, however, one of which is classified. Although the defence forces are required to discuss methods of procurement of classified items with the public procurement authority, this information remains restricted.

While there is evidence that the PPRA has been active in recent years in terms of exercising its oversight mechanisms - including through the suspension in October 2014 of 19 procurement firms over corruption - it is unclear whether it is able to exercise this level of activity in the defence sector.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

3) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed August 2014.

4) Tanzania suspends 19 procurement firms over corruption, AllAfrica, http://allafrica.com/stories/201410080468.html, published October 2014, accessed February 2015.

5) U4 Expert Answer-Overview of Corruption in Tanzania, available at www.u4.no p.5 {Accessed on 18/05/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Procurement laws are in place. However their effectiveness and consistent application as part f oversight is questionable. The Procurement assessment by the Public Procurement Authority in 2007 cited by the Researcher above found that 55 percent of the tenders were not using standard bidding, there was no proper coordination and preparation of various specifications,79 percent of contracts assessed had no completion reports, 62 percent had incomplete records and procurement officials had no specific code of conduct. A U4 report states that tenders frequently did not declare conflict of interest as required by law and that companies rarely got blacklisted even if they subverted the law of procurement.

Source:
1.U4 Expert Answer-Overview of Corruption in Tanzania, available at www.u4.no p.5 {Accessed on 18/05/2015}

Suggested score:

Peer Reviewer-+

60.
score
2

Are actual and potential defence purchases made public?

Researcher + Peer Reviewer4110: Defence purchases are typically not made public until after they have been purchased, and in some cases not even then. More recently, in April 2014 the government revealed that it had completed the purchase of military equipment from China, including Type 63A amphibious tanks. The purchasing had been going on for several years before it was made public (source 3).

Nevertheless, in some cases security concerns are likely to be genuine, particularly given the rising threat of terrorism in East Africa, alongside the rise of Somalia-based Islamist extremist group al-Shabab. Although the group has not carried out an attack in Tanzania to date, its operatives are believed to have infiltrated Tanzania.

In 2012 the TPDF indicated a desire to acquire more hardware and plans to spend more on defence procurement in the face of rising security threats such as piracy and terrorism (Source 7). It has not indicated specifically where the increased budget will be used, nor the specific tasks for which the equipment will be used.

A June 2014 speech by Finance Minister Saluum mentioned unspecified challenges facing defence organs, for which there is a need to continue to purchase necessary equipment in line with the available budget (Source 8).

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed August 2014.

3) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed August 2014.

4) Baregu, M. (2004). &quoute;Parliamentary Oversight of Defence and Security in Tanzania's Multiparty Parliament,&quoute; in Le Roux, accessed August 3 2014, http://www.agora-parl.org/sites/default/files/Tanzania.pdf.

5) Arms and the African, The Economist, http://www.economist.com/news/middle-east-and-africa/21633901-continents-armies-are-going-spending-spree-arms-and-african, published November 2014, accessed February 2015.

6) Tanzania nets 11 with al-Shabab links, Wall Street Journal, http://www.wsj.com/articles/SB10001424052702304500404579125542093731738, published October 2013, accessed February 2015.

7) Tanzania People's Defence Forces, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=33095:tanzania-peoples-defence-force&catid=119:african-militaries, accessed July 2015.

8) Speech by the minister of finance Hon. Saada Mkuya Salum (MP) introducing to the national assembly, the estimates of government revenue, and expenditure for fiscal year 2014/15, http://www.mof.go.tz/mofdocs/msemaji/English%20Budget%20speech%20%20MOF%202014.pdf, published June 2014, accessed July 2015.

SOURCES -+

Opinion: Disagree

Comment: The Public Procurement Regulatory Authority Tenders Portal indicates that only two tender out of the 152 advertised between the financial years 2007/8 and 2015/16 related to the defence sector. Further details in relation to awarded contracts are omitted.


Suggested score: 1

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Sources of the Researcher are cited above on the Sources section and not necessarily matched directly with his/her comments-but all the sources are cited. The Procurement Act 2004 cited above give the defence sector the authority to use a dual list in procurement of goods and services-open and restricted procurement . This easily allows the sector to use security reasons not to make its procurement public even for those in the open list.

Sources:
The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/05/2015}

Suggested score:

Peer Reviewer-+

61.
score
2

What procedures and standards are companies required to have - such as compliance programmes and business conduct programmes - in order to be able to bid for work for the Ministry of Defence or armed forces?

Researcher + Peer Reviewer4110: There is no mention in the Companies Act of 2002 or the Public Procurement Act of 2011 of companies being required to have compliance or any form of anti-corruption programmes. Each tendering process requires companies to submit tendering documents, though there is no specific law that stipulates that these must contain anti-corruption policies. The 7th Schedule of the Procurement Act Regulations contains an Anticorruption Memorandum setting out procedures for anti-corruption pledges as part of the tendering procedure however. Companies are also required to fulfil other requirements such as to prove registration and performance history, use standard tender documents and use neutral specifications as stipulated in the Procurement Act.

According to the Public Procurement Act 2011, Part I, sections 2(3) and 2(4), the Defence forces are required to prepare a dual list for procurement, one which is open for tendering and competitive bidding, and the other – a restricted one – which is not. The defence forces are required to agree with the Public Procurement Authority on the proper methods of procurement for the restricted list each year. The Authority is responsible for monitoring public procurement in all government bodies including the defence forces. However, studies have shown that this framework is not always effective. For example, a 2007 study conducted by the Organisation for Economic Cooperation and Development (OECD) found that there are not enough mechanisms for reporting corrupt behaviour in procurement, while no specific ethical code of conduct exists for procurement officers.

RESPONSE TO PEER REVIEWER: Agree. Discussion updated and source added. Score changed from 0 to 1.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed August 2014.

3) The Companies Act, 2002, http://www.tic.co.tz/media/COMPANY%20ACT%202002.pdf, accessed August 2014.

4) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007 {Accessed on 18/05/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Even though there is no code of conduct for suppliers, companies are required to submit a declaration that they will not participate in bribery or corruption besides other requirements like companies have to be registered and they must avail performance history, use standard tender documents and use neutral specifications as stipulated in the procurement Act.

Source
1.Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007 {Accessed on 18/05/2015}

Suggested score: 1

Peer Reviewer-+

62.
score
1

Are procurement requirements derived from an open, well-audited national defence and security strategy?

Researcher + Peer Reviewer4110: A local source and the lack of publicly available information on the subject suggests that procurement requirements are not openly discussed in parliament, despite the constitutional provisions that state that a Security and Defence Committee within parliament is mandated to review military expenditure estimates. Given this dynamic, and the fact that the Public Procurement Act requires the defence forces to conduct procurement according to a dual list, one of which is restricted, the needs of the defence forces are unlikely to be subject to an open and well-audited strategy, leaving likely opportunities for procurement to take place outside the national strategy.

For example, the purchase of military air-traffic control equipment from BAE systems occurred (source 4) despite the fact that Tanzania did not have an air force, suggesting the deal had either not been subject to a needs assessment or such an assessment had been ignored. There is no evidence to suggest that changes have been made to prevent this since.

Nevertheless, the rising terrorism threat in East Africa, along with the widening of Somali pirates' areas of operations, which are believed to be able to reach the seas off the coast of Tanzania, appear to have prompted significant increases in defence expenditure, including a strengthening of the naval forces through purchases of amphibious tanks from China (source 8). This suggests that at least some procurement requirements are determined by a (not publicly available) national defence and security strategy. The assessor could not determine to what extent procurement falls outside of the national strategy.

RESPONSE TO PEER REVIEWER 2: Agree with comments, however it is not clear how this would support a rise in score, noting that the national strategy is not made publicly available and it is thus not possible to verify the extent to which defence procurement has been formally derived from it. Score maintained.

COMMENTS -+

1) Interview with Source 3: CSO staff member based in Dar es Salaam, Tanzania, August 2014.

2) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) Parliament of Tanzania, Function of Standing Committee, http://www.parliament.go.tz/index.php/home/pages/38, accessed August 3, 2014.

4) Wikileaks cables: Tanzania official investigating BAE 'fears for his life', The Guardian, http://www.theguardian.com/world/2010/dec/19/wikileaks-cables-tanzania-bae-fears, published December 2010, accessed August 2014.

5) Arms and the African, The Economist, http://www.economist.com/news/middle-east-and-africa/21633901-continents-armies-are-going-spending-spree-arms-and-african, published November 2014, accessed February 2015.

6) Tanzania nets 11 with al-Shabab links, Wall Street Journal, http://www.wsj.com/articles/SB10001424052702304500404579125542093731738, published October 2013, accessed February 2015.

7) Tanzania arrests five suspected pirates near gas fields, Reuters, http://www.reuters.com/article/2012/04/20/us-tanzania-pirates-idUSBRE83J0H420120420, published April 2012, accessed February 2015.

8) China and Tanzania conclude historic naval exercise, Defence Web, http://www.defenceweb.co.za/index.php?option%3Dcom_content%26view%3Darticle%26id%3D37029:china-and-tanzania-conclude-historic-naval-exercise%26catid%3D51:Sea%26Itemid%3D106, published November 2014, accessed February 2015.

9) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

10 ) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Agree with the Researcher's comments and sources but would like to suggest that the best option for this question based on those comments is option 2. In addition to his/her comments, the Controller and Auditor-General has also stated that the defence Ministry does not provide him with all required documents and information for effective auditing of the Ministry (See Audit Report 2012/13). This ineffective audit process also affect the work of the defence and Security Committee which depends on the Controller and Auditor General's report to scrutinize the defence strategy, which they usually hardly discuss due to lack of detailed information given to them by the Executive (See Open Budget Survey 2012). defence strategy is kept secret due to so called security reasons and solely handled by the National defence and Security Council and senior Ministry of defence officials.

Sources:
1. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

2. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

Suggested score: 2

Peer Reviewer-+

63.
score
2

Are defence purchases based on clearly identified and quantified requirements?

Researcher + Peer Reviewer4110: The purchases of the defence forces are unlikely to be clearly identified or quantified in all cases. However, there is evidence that in some cases purchases are made based on observable requirements. For example, the defence minister in 2013 asked for the purchase of equipment that would help clearly survey and define land belonging to the defence forces and land belonging to the public. The request was made in response to the 80 land conflicts going on at the time between the public and the defence forces, particularly in the island of Zanzibar (source 2 and 3).

In 2012 the TPDF indicated a desire to acquire more hardware and plans to spend more on defence procurement in the face of rising security threats such as piracy and terrorism. It did not indicate specifically where the increased budget will be used, nor the specific tasks for which the equipment will be used. Nevertheless, the rising terrorism threat in East Africa, along with the widening of Somali pirates' areas of operations, which are believed to be able to reach the seas off the coast of Tanzania, appear to have prompted significant increases in defence expenditure, including a strengthening of the naval forces through purchases of amphibious tanks from China (source 2). This suggests that at least some procurement requirements are determined by identified requirements.

There is evidence some defence procurement has been linked to other support that seller nations give to Tanzania. For example, in 2014 Tanzania purchased A-100 multiple rocket launchers from China that are capable of transporting erector launch vehicles carrying 300m 800kg rockets. Each of those rockets has a 200 kg warhead which can strike targets up to 120 km away. The purchase was carried out despite Tanzania facing no clear external threat or other strategic requirement.

COMMENTS -+

1) Wikileaks cables: Tanzania official investigating BAE 'fears for his life', The Guardian, http://www.theguardian.com/world/2010/dec/19/wikileaks-cables-tanzania-bae-fears, published December 2010, accessed August 2014.

2) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed August 2014.

3) Tanzania looks to confirm status of land demarcation, African defence, http://www.african-defence.com/?p=1764, published May 2013, accessed August 2014.

4) China and Tanzania conclude historic naval exercise, Defence Web, http://www.defenceweb.co.za/index.php?option%3Dcom_content%26view%3Darticle%26id%3D37029:china-and-tanzania-conclude-historic-naval-exercise%26catid%3D51:Sea%26Itemid%3D106, published November 2014, accessed February 2015.

5) Chinese A-100 Heavy Rockets on Display in Tanzania, May 27, 2014, Available from http://www.popsci.com/blog-network/eastern-arsenal/chinese-100-heavy-rockets-display-tanzania

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: As the Researchers comments state, there is evidence that defence major purchases are based on clearly identifiable and quantifiable requirement but in addition to the examples given by the Researcher, the Controller and Auditor-General has also complained that the defence Ministry does not provide him with all required documents and information for effective and comprehensive auditing of the Ministry (See Audit Report 2012/13). It is therefore difficult to say know or to say with certainty that the purchases are based on clearly identifiable and quantifiable requirements.This ineffective audit process also affect the work of the defence and Security Committee which depends on the Controller and Auditor General's report to scrutinize the defence purchases or expenditure. Further the Executive does not provide parliament with detailed information in which to base its oversight role for the Ministry of defence (See Open Budget Survey 2012).

Sources:
1. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

2. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

Suggested score:

Peer Reviewer-+

64.
score
2

Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?

Researcher + Peer Reviewer4110: There is no public information detailing the percentage of the value of single source contracts in the defence sector in particular. There is no evidence to suggest that the majority of defence contracts, or even several of them, are single sourced however.

The Public Procurement Act of 2011 gives equal opportunity to all prospective suppliers, contractors, consultants and service providers. It ensures fairness of treatment to all parties in order to obtain the value for money in the procurement process. In section 33(1) of the Public Procurement Act of 2001, &quoute;The procuring entity shall include in the record required under section 30 a statement of the grounds for its decision and the circumstances on which it relied to justify the restriction to procurement from a single source.&quoute; However, this aspect of the Act only applies to non-classified items of the dual list, part of which is not open to regular tendering. The method of procurement for the defence forces is to be agreed upon with the Public Procurement Regulatory Authority (PPRA) each year. However, it is not always clear why certain procurement items are placed on the restricted list. According to a PPRA study conducted in 2007, 12% of procurement contracts for the government as a whole were single sourced.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed August 2014.

3) The Public Procurement Act, 2001, http://newpolis.parliament.go.tz/PAMS/docs/3-2001.pdf, accessed February 2015.

4) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

5) Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

SOURCES -+

Opinion: Agree with Comments

Comment: The Public Procurement Regulatory Authority' s Tender Portal show that the Ministry of defence had only three procurements conducted as open competition between the financial years 2006/7 and 2015/16, two in the financial year 2010/11, and one in 2014/15.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: It is extremely difficult to know nor estimate the amount of single sourced procurement by the defence Ministry even though the Procurement Act 2011, Supplement- section 59 (1-2) limits the extent of single sourcing. First, these kind of restricted procurement are done so for security reasons and the Ministry would hardly disclose such information. Secondly the Controller and Auditor-General has complained that the defence Ministry does not provide him with all required documents and information for effective and comprehensive auditing of the Ministry (See Audit Report 2012/13). This ineffective audit process also affect the work of the defence and Security Committee which depends on the Controller and Auditor General's report to scrutinize the defence expenditure. Thirdly, the Executive does not provide parliament with detailed information in which to base its oversight role for the Ministry of defence expenditure or procurement (See Open Budget Survey 2012).

Sources:
1. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 17/05/2015}.

2. Open Budget Survey for Tanzania, available at http://internationalbudget.org/wp-content/uploads/Tanzania_Questionnaire_OBS2012.pdf {Accessed on 17/5/2015}

3.2) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/5/2015}.

Suggested score:

Peer Reviewer-+

65.
score
2

Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?

Researcher + Peer Reviewer4110: Ministry of Defence tender boards are subject to a code of conduct. Under the Public Procurement Act of 2011, Part X, section 102, all public officials involved in the tendering process must subscribe to the Code of Ethical Conduct, which includes the requirement to declare personal interest in any tender being discussed. Tender boards are also required to ascribe to the general Code of Ethics for Public Servants and the Public Leadership Code of Ethics and often, to individual company codes of ethics. Nevertheless, there is no single Code of Ethical Conduct issued by the government to tender boards, and an examination of codes of conduct in relation to tender boards in the Public Procurement Act suggest they are vague, incomplete and their application is non-transparent.

Oversight of this is not always successful. There is evidence of training of members of the tender boards from the Ministry of Defence. For example the Prevention and Combating of Corruption Bureau (PCCB) and the Public Procurement Regulatory Authority (PPRA) trained Ministry of Defence Tender Board members on the Public Procurement Act 2004, Corruption and Ethics Infrastructure in March 2010. The training was part of the implementation of the Nation Anti-Corruption Strategic and Action Plan (NACSAP II), whose goal was to strengthen anti-corruption mechanisms in all areas of government. However, NACSAP II has since terminated, and it is unclear when the new framework will be implemented, though a new version is currently under development. Although training sessions have occurred, it also remains unclear how regularly they are held, and information may be outdated now that the Public Procurement Act was updated in 2011.

The Public Procurement Regulatory Authority (PPRA) is mandated to audit tender boards according to Part IV, sections 31-32 of the Public Procurement Act of 2011. This includes working with local government authorities to determine the composition of a tender board and its members' qualifications. However, evidence suggests oversight is uneven, with cases of tender board controversies emerging after contracts have already been awarded. For example, it emerged in October 2014 that a member of the tender board for the state electricity company (TANESCO) failed to declare that a particular tender was being submitted by his wife, in breach of the Public Procurement Act of 2011, Part IV Section 31(6), that states that &quoute;A member of the tender board or committee thereof, who is a member of a company, firm or other body or is a partner or is in the employment of a person or a company or other body or is married to a person who has submitted an offer for the supply of goods or for the provision of services, execution of works or acquisition of public assets by tender in connection therewith which is the subject of consideration by the tender board, shall disclose the fact.&quoute; Although this case does not specifically relate to the defence sector, it highlights inconsistencies in the PPRA's auditing process. The 2013/13 report by the Controller and Auditor General revealed that the defence forces failed to provide sufficient information for the carrying out of the audit despite government reports that this information is available for scrutiny. This suggests that while the report does cover the defence forces, and it is submitted to the legislature, information provided within it are incomplete.

Moreover, a controversy arising with the tender board of SUMA JKT, the commercial arm of the National Service, highlights that regulations are not always followed or enforced (source 3). Military owned businesses including SUMA JKT are required to adhere to the Public procurement Act of 2011 when purchasing equipment.

COMMENTS -+

1) Training on Public Procurement Act 2004; Corruption and Ethics Infrastructure to the Members of the Tender Boards from Ministries, Prevention and Combating of Corruption Bureau, http://www.pccb.go.tz/index.php/nacsap/the-national-anti-corruption-strategy-and-action-plan/nacsap-phase-ii/473-training-on-public-procurement-act-2004-corruption-and-ethics-infrastructure-to-the-members-of-the-tender-boards-from-ministries, published March 2013, accessed August 2014.

2) U4 Anti-corruption resource centre, Tanzania: overview of corruption and anti-corruption, http://www.u4.no/publications/tanzania-overview-of-corruption-and-anti-corruption/, accessed August 2014.

3) Court acquits SUMA JKT officers, Tanzania Daily news, http://allafrica.com/stories/201404240109.html, published April 2014, accessed August 2014.

4) The Public procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed February 2015.

5) TANESCO chief did not evaluate wife's tender - witness, Tanzania Daily News, http://allafrica.com/stories/201410021023.html, published October 2014, accessed February 2015.

6) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed February 2015.

7) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, accessed August 2014.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

66.
score
1

Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?

Researcher + Peer Reviewer4110: The Public Procurement Act of 2011, Part VIII section 83(2), prohibits collusive practices when competing for a tender, including in the defence forces or ministry. Anyone guilty of this behaviour can face rejection of the proposal, and ineligibility to compete for further contracts for a period of 10 years or more. The tenderer may also be required to reimburse a portion of any funds paid. The Public Procurement Authority is responsible for enforcing these provisions. However, there is evidence that corruption in general in defence tenders is not always pursued.

COMMENTS -+

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

2) BAE criticized by UK MPs over Tanzania corruption, BBC, http://www.bbc.co.uk/news/world-africa-14204115, published July 2011, accessed August 2014.

3) Business Anti-Corruption Portal 2013-Tanzania Country Profile, available at www.business-anti-corruption.de/country-profile/sub-saharan-africa/tanzania/snapshot.aspx {Accessed on 18/05/2015}

4) Global Integrity Report 2013, available at https://www.globalintegrity.org/global_year/2013/ {Accessed on 18/05/2015}

5) Tanzania suspends 19 procurement firms over corruption, AllAfrica, http://allafrica.com/stories/201410080468.html, published October 2014, {Accessed on 19/05/2015}&quoute;

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Evidence shows that companies found of corruption including collusion, which is against the Procurement Regulations and should be blacklisted are rarely blacklisted (Business Anti-Corruption Portal 2013). Further, according to Global Integrity Report 2013, companies convicted of public procurement abuses such as bribery and corruption are not prohibited from participating in future procurement bids, while the law states that they should be blacklisted for as long as 10 years. But this is gradually changing as some evidence now show that the government is taking action on such companies. In 2015, it suspended 19 companies on grounds of corruption (See article below)

Sources

1. Business Anti-Corruption Portal 2013-Tanzania Country Profile, available at www.business-anti-corruption.de/country-profile/sub-saharan-africa/tanzania/snapshot.aspx {Accessed on 18/05/2015}

2.Global Integrity Report 2013, available at https://www.globalintegrity.org/global_year/2013/ {Accessed on 18/05/2015}

3. Tanzania suspends 19 procurement firms over corruption, AllAfrica, http://allafrica.com/stories/201410080468.html, published October 2014, {Accessed on 19/05/2015}


Suggested score:

Peer Reviewer-+

67.
score
1

Are procurement staff, in particular project and contract managers, specifically trained and empowered to ensure that defence contractors meet their obligations on reporting and delivery?

Researcher + Peer Reviewer4110: There is evidence that procurement staff have been trained in anti-corruption strategies. For example, Crown Agents, an international development company, in 2007 trained Prevention of Corruption Bureau officers on weaknesses and indicators of corruption and on anti-corruption strategies and techniques including prevention and awareness. However, it is not clear whether any training was specifically conducted for the defence sector, where more secretive dynamics are at play for reasons of national security. Moreover, training started from a very low base, suggesting it will take years for procurement staff to be fully qualified to international standards. Most of the officers in the 2007 training sessions admitted having limited or no knowledge of public procurement laws. A 2003 review found that training for procurement staff, including management, was not practical enough or related to specific sector job requirements, making it ineffective. Tanzania has since requested the help of the United States Agency for International Development (USAID) to strengthen the capabilities of the Public Procurement Authority, but it is unclear whether this has applied to the defence sector or whether training has been updated after the new Public Procurement Act was released in 2011.

COMMENTS -+

1) Training Tanzania's Prevention of Corruption Bureau in procurement and anti-corruption, Crown Agents, Project, http://www.crownagents.com/our-work/projects/detail/tanzania-training-procurement-corruption-usaid, accessed August 2014.

2) Public procurement reform, the Tanzanian experience, By Eng. N.S.D Nkinga, http://webcache.googleusercontent.com/search?q=cache:d7FG6E5zJIEJ:www.wto.org/english/tratop_e/gproc_e/wkshop_tanz_jan03/tanzaniacase3_e.doc+&cd=1&hl=en&ct=clnk&gl=uk, published January 2003, accessed August 2014.

3) Training for Prevention of Corruption Bureau in Tanzania, https://www.devex.com/projects/tenders/training-for-prevention-of-corruption-bureau-in-tanzania/101778, accessed August 2014.

4) Tanzania and Millinnium Challenge Corporation (MCC): Combating Corruption, http://www.mcc.gov/documents/press/factsheet-051706-tanzania.pdf, published May 2006, accessed August 2014.

5) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/05/2015}.

6) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, {Accessed on 19/05/2015}.&quoute;

SOURCES -+

Opinion: Agree with Comments

Comment: Procurement is not held in high regard in the country and therefore not considered a profession. Limited or no pre-deployment training is provided. The training received by supplies / procurement staff in the ministries is inadequate and is geared towards low – level purchase by requisition and three quotations but totally inadequate for high level and well- organized procurement. There are a number of purchasing and supplies officers, engineers, architects, quantity surveyors and the like who are employed to carry out the procurement functions.

Nkinga, N, 2003. Public Procurement Reform - The Tanzanian Experience.
https://www.wto.org/english/tratop_e/gproc_e/wkshop_tanz_jan03/tanzaniacase3_e.doc

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Procurement Act 2004 section 34(3) states that procurement entities shall ensure that those dealing with procurement have the necessary skills with regards to procurement process. Procurement staff are generally trained to ensure that defence contractors meet their obligations on reporting and delivery, however an assessment by the Public Procurement Authority cited below found out that a significant number of procurement staff lacked such skills and that there were also shortages of staff. The assessment also found out that there were undue higher influence on the staff in procurement management.

Sources

1) The Public Procurement Act, 2011, Act Supplement, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/05/2015}.

2) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, {Accessed on 19/05/2015}.


Suggested score:

Peer Reviewer-+

68.
score
2

Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?

Researcher + Peer Reviewer4110: The Public Procurement Act of 2011 stipulates mechanisms by which companies can make complaints to the Public Procurement Authority, though there is no mention of refraining from future discrimination over the use of such mechanisms. However, a 2007 study conducted by the Organisation for Economic Cooperation and Development (OECD) in 2007 found that there are not enough mechanisms for reporting corrupt behaviour in procurement, while many companies are not aware of the procedure for complaints. It is unclear whether these deficiencies have been addressed, suggesting mechanisms are likely to remain rudimentary. Moreover, reports suggest that companies often fail to report corruption for fear of losing future contracts, suggesting protection against discrimination for reporting corruption remains limited. Though these reports do not specifically refer to the defence sector, given overall failure to enforce mechanisms, concerns are likely to also apply to defence and security.

RESPONSE TO PEER REVIEWERS: Link given by reviewer 1 does not work. Sources given by reviewer 2, as has often been the case, are already included.

COMMENTS -+

1) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, accessed August 2014.

2) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) Tanzania Public procurement, Business Anti-Corruption Portal, http://www.business-anti-corruption.com/country-profiles/sub-saharan-africa/tanzania/corruption-levels/public-procurement-and-contracting.aspx, accessed February 2015.

SOURCES -+

Opinion: Agree with Comments

Comment: On the Public Procurement Appeals Authority website, it is seen that of the 152 cases filed between 2009-14, no was directed on the defence. It is therefore probably not certain whether companies feel that when they lodge a complaint, they are likely to be disadvantaged in future procurements.

http://www.ppaa.go.tz/index.php?option=com_content&view=article&id=64&Itemid=68

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: I agree with the Researcher's comments and sources but would like to add that according to an assessment of the Procurement process cited below companies are not formally protected when they use mechanisms of complaints about procurement processes and that is why they do not use them as frequently for fear of being victimized by Procurement entities which will adversely affect their business. The report further found out that the Public Procurement and Regulatory Authority established in 2004 had only received 2 complaints by 2007, which it resolved. Most of the companies were not aware of the Complaints Mechanism.

Sources

1) Assessment of the country's procurement system, Final Report, Public Procurement Regulatory Authority, http://www.oecd.org/dac/effectiveness/40778063.pdf, published September 2007, {Accessed on 18/05/2015}.

2) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/05/2015}
.

Suggested score:

Peer Reviewer-+

69.
score
1

What sanctions are used to punish the corrupt activities of a supplier?

Researcher + Peer Reviewer4110: The Public Procurement Act of 2011, Part VIII Section 83(5), prohibits corrupt practices, including in the defence forces or ministry. Anyone guilty of this behaviour can face rejection of the proposal, and ineligibility to compete for further contracts for a period of 10 years or more. The tenderer may also be required to reimburse a portion of any funds paid. The Public Procurement Authority is responsible for enforcing these provisions. However, there is evidence that sanctions are not always applied, as with the case of the sale of air-traffic military equipment sold by BAE (see source 1). In this instance, despite evidence that a Tanzanian national received payments that were unaccounted for, no Tanzanians faced trial over the deal. Moreover, media searches reveal that there have been no known prosecutions of corrupt suppliers in the defence sector in Tanzania, suggesting sanctions are rarely applied.

RESPONSE TO PEER REVIEWERS: Agree that there is evidence of positive action in Tanzania's wider public sector, however this does not yet appear to have extended to defence suppliers. Score maintained.

COMMENTS -+

1) Wikileaks cables: Tanzania official investigating BAE 'fears for his life', The Guardian, http://www.theguardian.com/world/2010/dec/19/wikileaks-cables-tanzania-bae-fears, published December 2010, accessed August 2014.

2) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) Business Anti-Corruption Portal 2013-Tanzania Country Profile, available at www.business-anti-corruption.de/country-profile/sub-saharan-africa/tanzania/snapshot.aspx {Accessed on 18/05/2015}

4) Global Integrity Report 2013, available at https://www.globalintegrity.org/global_year/2013/ {Accessed on 18/05/2015}

5) Tanzania suspends 19 procurement firms over corruption, AllAfrica, http://allafrica.com/stories/201410080468.html, published October 2014, {Accessed on 19/05/2015}

SOURCES -+

Opinion: Disagree

Comment: Press release contained on the Public Procurement Regulatory Authority website indicates that at least 357 firms/ individuals have been barred. These include one local firm and foreign firms/ individuals. There is however no record of debarment of BAE Systems.

Suggested score: 2

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: Sanctions by procurement executives such as prosecution or debarment are available but are only sometime applied. Evidence shows that companies found of corruption including collusion, which is against the Procurement Regulations are rarely blacklisted (Business Anti-Corruption Portal 2013) and companies convicted of public procurement abuses such as bribery and corruption are not prohibited from participating in future procurement bids(See Global Integrity Report 2013). But this is gradually changing as evidence now show that the government is taking some action on such companies. In 2015, it suspended 19 companies on grounds of corruption on the procurement (See article below)

Sources

1. Business Anti-Corruption Portal 2013-Tanzania Country Profile, available at www.business-anti-corruption.de/country-profile/sub-saharan-africa/tanzania/snapshot.aspx {Accessed on 18/05/2015}

2.Global Integrity Report 2013, available at https://www.globalintegrity.org/global_year/2013/ {Accessed on 18/05/2015}

3. Tanzania suspends 19 procurement firms over corruption, AllAfrica, http://allafrica.com/stories/201410080468.html, published October 2014, {Accessed on 19/05/2015}

Suggested score: 2

Peer Reviewer-+

70.
score
0

When negotiating offset contracts, does the government specifically address corruption risk by imposing due diligence requirements on contractors? Does the government follow up on offset contract performance and perform audits to check performance and integrity?

Researcher + Peer Reviewer4110: There is no mention of guidelines governing offset agreements for the defence or any other sector in the Prevention and Combating of Corruption Act of 2007, the Public Procurement Act of 2011 or the National Defence Act of 1966, suggesting Tanzania has a limited regulatory and legislative capacity to manage offset contracts. Moreover, it is not clear whether Tanzania has to date engaged in offset contracts.

However, there is mention of due diligence requirements and guidelines for contracts and tendering in general. In terms of auditing, evidence shows that current bodies in place to oversee corrupt practices in government ministries – such as the auditor general and the Prevention and Combating of Corruption Bureau – are often ignored by the executive. The 2012/13 Controller and Auditor General report revealed that the defence forces and ministry payments lacked enough information to establish their validity to be charged against public funds. It also highlighted a number of instances in several regions where procurement was made without proper approval, suggesting due diligence is not consistently applied.

RESPONSE TO PEER REVIEWER 2: Although some broader due diligence and auditing requirements exist, there are no formal provisions made for offset contracting. There is little evidence that these provisions could apply effectively to offset contracting and clear evidence that they are not being applied effectively in standard public contracting. Other sales (see Q76, for example) indicate that there is clear potential for Tanzania to negotiate indirect offsets with seller countries. Score maintained.

COMMENTS -+

1) The Prevention and Combating of Corruption Act, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf, accessed August 2014.

2) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

3) The National Defence Act, 1966, http://www.issafrica.org/cdct/mainpages/pdf/Terrorism/Legislation/Tanzania/Tanzania%20National%20Defence%20Act.pdf, accessed August 2014.

4) Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, accessed August 2014.

5) Tanzania-available at www.tendertopics.tenderscan.co.za/?_id=341 {Accessed on 18/05/2015}

SOURCES -+

Opinion: Agree with Comments

Comment: SIPRI Trade Reister on Arms imports to Tanzania, 2008-2013 showed no offsets linked to the deals.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: The government does impose some due diligence on offset contractors by requiring that they sign a declaration that they will not involve in corruption and bribery but there is no thorough follow up and audit to check performance and integrity. The Auditor and Controller General has also stated that the defence Ministry does not provide him/her with all the documents required for comprehensive and effective audit of the sector to ascertain such measures as performance and integrity in contracts.

Sources
1. Tanzania-available at www.tendertopics.tenderscan.co.za/?_id=341 {Accessed on 18/05/2015}

2.The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, {Accessed on 18/05/2015}

3. Central Government Report 2012/2013, National Audit Office of Tanzania, http://nao.go.tz/#&panel1-5, published May 2014, {Accessed 18/05/2015}.

Suggested score: 1

Peer Reviewer-+

71.
score
0

Does the government make public the details of offset programmes, contracts, and performance?

Researcher + Peer Reviewer4110: There is no mention in legislation of regulations governing offset contracts, nor is there public information indicating that the government engages in them.

COMMENTS -+

1) The Prevention and Combating of Corruption Act, http://www.tanzania.go.tz/egov_uploads/documents/PREVENTION_AND_COMBATING_OF_CORRUPTION_ACT_sw.pdf, accessed August 2014.

2) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: SIPRI Trade Reister on Arms imports to Tanzania, 2008-2013 showed no offsets linked to the deals.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

72.
score
0

Are offset contracts subject to the same level of competition regulation as the main contract?

Researcher + Peer Reviewer4110: There is no mention in the Public Procurement Act 2011 or any other publicly available document of a requirement that offset contracts undergo competitive tendering. With a portion of defence spending and procurement being classified, it remains unclear whether any offset contracts are in fact subject to the same level of competition as a main contract.

COMMENTS -+

1) The Public Procurement Act, 2011, http://www.unpcdc.org/media/389145/tanzania_public_procurement_act_2011.pdf, accessed August 2014.

SOURCES -+

Opinion: Agree with Comments

Comment: SIPRI Trade Reister on Arms imports to Tanzania, 2008-2013 showed no offsets linked to the deals.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

73.
score
0

How strongly does the government control the company's use of agents and intermediaries in the procurement cycle?

Researcher + Peer Reviewer4110: There is no specific policy or law regulating the activities of arms brokers or intermediaries, suggesting limited or no government control over them.

The Public Procurement Regulations of 2013, Part II, section 79(1), stipulates that ‘any commission or remuneration paid to any agent, consultant or other intermediary represents no more than appropriate compensation for legitimate services, and that no part of any such payment is passed on by an agent, tenderer or other intermediary as an improper inducement in contravention of these Regulations’. It further states that ‘procuring entities, approving authorities and tenderers shall take appropriate measures to ensure that agents, consultants and other intermediaries are not employed to gain any improper influence in connection with obtaining or retaining any business’. However, these regulations remain vague, incomplete and appear to be ineffective. For example, there is no specification as to what constitute 'appropriate measures'.

Moreover, there is evidence to suggest that sub-contractors or other intermediaries are used to circumvent anti-corruption legislation in the procurement cycle and that cases of this activity are not punished. For example, UK arms company BAE in 2010 admitted to failing to keep proper accounting records and relating to the use of an agent (see source 4). The agent never faced prosecution, suggesting limited, if any, measures have been enacted since then to prevent new cases from taking place.

RESPONSE TO PEER REVIEWER 2: No evidence was found of any specific policy or law regulating the activities of arms brokers or intermediaries, suggesting limited or no government control over them. Other factors like the prevalence of facilitation payments (see Q51) show there is a clear wider risk here. Score maintained.

COMMENTS -+

1) Tanzania - gun facts, figures and the law, http://www.gunpolicy.org/firearms/region/tanzania, accessed August 2014.

2) The Public Procurement Act, Subsidiary legislation, http://www.gpsa.go.tz/images/pdf/ProcurementRegulation2013.pdf, accessed August 2014.

3) BAE payment to Tanzania undermines justice and accountability, The Guardian, http://www.theguardian.com/global-development/poverty-matters/2012/mar/20/bae-payment-tanzania-justice-accountability, published March 2012, accessed February 2015.

4) BAE admits poor accounting as part of corruption case plea bargain, The Guardian, http://www.theguardian.com/world/2010/nov/23/bae-accounting-corruption-plea, published November 2010, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Disagree

Comment: The Researchers comments and sources do support option 1. There is significant use of agents and intermediaries and the government does control their usage but the control is weak and ineffective as demonstrated by the BAE case in 2001. It is reported that BAE channelled bribes through the Panama registered Envers from its company Red Diamond to secure a contract to supply Tanzania with air-traffic systems.

Source: BAE Charges - available at http://www.thecornerhouse.org.uk/resource/bae-pleads-guilty-minor-accounting-offence-tanzania-radar-scandal

Suggested score: 1

Peer Reviewer-+

74.
score
1

Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?

Researcher + Peer Reviewer4110: The Public Procurement Regulations of 2013 stipulates that a tendering entity must submit records to the Public Procurement Authority regarding various aspects of the procurement cycle, including financing. The information must also be submitted for publication in the Journal and Tenders Portal.

However, it is not clear how detailed these publications are required to be, while a search through the Tenders Portal revealed no recent information on awarded arms contracts in the defence ministry, though information on non-sensitive items such as medial supplies and fuel can be found.

Precedent suggests information regarding finance packages is not subject to stringent requirements.

Details of financing packages regarding major arms deals since then do not appear to be publicly available. However, their existence is alluded to in the form of reports on loans from China and the identity of providers have been announced, at least in some instances such as when Tanzania purchased amphibious tanks and other military hardware from China in May 2014 (source 5).

COMMENTS -+

1) The Public Procurement Act, subsidiary legislation, http://www.gpsa.go.tz/images/pdf/ProcurementRegulation2013.pdf, accessed August 2014.

2) BAE payment to Tanzania undermines justice and accountability, The Guardian, http://www.theguardian.com/global-development/poverty-matters/2012/mar/20/bae-payment-tanzania-justice-accountability, published March 2012, accessed August 2014.

3) Tanzania Tenders Portal, http://tender.ppra.go.tz/index.php, accessed February 2015.

4) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed February 2015.

5) China and Tanzania conclude historic naval exercise, Defence Web, http://www.defenceweb.co.za/index.php?Itemid=106&catid=51:Sea&id=37029:china-and-tanzania-conclude-historic-naval-exercise&option=com_content&view=article, published November 2014, accessed February 2015.

6) The Public Procurement Regulations 2005, available at http://ppra.go.tz/newppra/ppra_documents/Legal%20Issues/Procurement%20Regulations/reg_works_goods_nonconsult_2.pdf {Accessed 17/05/2015}

SOURCES -+

Opinion: Agree with Comments

Comment: Records omitted for Ministry of defence and National Service in the PPRA Tenders Portal, in respect to awards made.

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: The Public Procurement Act 2004 cited by the Researcher above stipulates that all the above aspects of the financing package surrounding major arms deals should be made public prior to the signing of contracts but this is usually never done in practice especially for procurement that the government considers sensitive and even if done the reports are not detailed as explained by the Researcher. The best example is the BAE corrupt sale of the air-traffic control radar system in 1999, where investigations revealed how s many procurement regulations were by-passed. An assessment of the Tanzanian procurement system found that 20 percent of procurement contracts were not in the approved budget and 9 percent had no data to ascertain whether they were in the approved budget. Thats how much the procurement procedures are flouted (Source 2)

Sources:
1. The Public Procurement Regulations 2005, available at http://ppra.go.tz/newppra/ppra_documents/Legal%20Issues/Procurement%20Regulations/reg_works_goods_nonconsult_2.pdf {Accessed 17/05/2015}

2.Public Procurement Act 2004, Finance Act and Regulation 62 of GN 97 Assessment of the Country's Procurement System-Final Report by the Public Procurement Regulatory Authority, September 2007


Suggested score:

Peer Reviewer-+

75.
score
2

Does the government formally require that the main contractor ensures subsidiaries and sub-contractors adopt anti-corruption programmes, and is there evidence that this is enforced?

Researcher + Peer Reviewer4110: The Public Procurement Regulations of 2013, which covers the defence sector as a public institution, section 78, stipulates that each tenderer is required to submit a statement addressing corruption and bribery as part of the tendering documents. The tenderer must issue guidelines for compliance which are to be followed by all third parties working on a contract, including subcontractors. While there is no specific evidence that these measures are flouted, the general environment of corruption in procurement, and reports that at least 18 Chinese multinationals with subsidiaries in Tanzania performed poorly in anti-corruption measures, suggest anti-corruption provisions among subsidiaries and subcontractors in the defence sector are not enforced (source 2).

COMMENTS -+

1) The Public Procurement Act, subsidiary legislation, http://www.gpsa.go.tz/images/pdf/ProcurementRegulation2013.pdf, accessed August 2014.

2) Chinese firms fail the corruption test, The Citizen, http://www.thecitizen.co.tz/News/Chinese-firms-fail-the-corruption-test/-/1840392/2038908/-/view/printVersion/-/gle2fo/-/index.html, accessed February 2015.

3) Transparency in corporate reporting: assessing emerging market multinationals, Transparency International, http://www.transparency.org/whatwedo/publication/transparency_in_corporate_reporting_assessing_emerging_market_multinational, published October 2013, accessed February 2015.

SOURCES -+

Opinion: Agree

Comment:

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree

Comment:

Suggested score:

Peer Reviewer-+

76.
score
2

How common is it for defence acquisition decisions to be based on political influence by selling nations?

Researcher + Peer Reviewer4110: There is evidence to suggest defence acquisition decisions can be based on political influence by seller nations. For example, China has been increasingly offering loans in the defence sector and military assistance in the form of training and logistics, suggesting that the sale of arms, such as one completed in April 2014 that included amphibious tanks (source 6 and 7), may be subject to political influence (i.e. encouraged by their aid donations).

Although there is likely to be some military need for these purchases given the rising threat of off (and on) shore terrorism in the region and the need to secure Tanzania's impending oil and gas production sites, the threat does not explain the rate at which Tanzania's defence spending has grown over the past several years - at a higher percentage than any other country in the region. Some degree of influence from selling nations may provide an alternate explanation but without transparent details of acquisitions an 'political influence' argument cannot be asserted.

In another example, former British Prime Minister Tony Blair was implicated in the BAE systems sale of air-traffic control radars to Tanzania in 1999. Blair was accused by British media of pushing through the deal despite being aware of suspicions regarding the propriety of the deal, suggesting a certain degree of political influence on the acquisition. Although the deal was initially touted as necessary for the civil aviation sector, there was no military need for the radars given that Tanzania did not have an air force at the time.

COMMENTS -+

1) China's role in Africa's conflicts: Military cooperation, arms transfers and involvement in peacekeeping operations, Consultancy Africa Intelligence, http://www.consultancyafrica.com/index.php?option=com_content&view=article&id=1672:chinas-role-in-africas-conflicts-military-cooperation-arms-transfers-and-involvement-in-peacekeeping-operations&catid=60:conflict-terrorism-discussion-papers&Itemid=265, published April 2014, accessed August 2014.

2) Blair blasted over Tanzania deal, BBC, http://news.bbc.co.uk/2/hi/uk_news/6315799.stm, published January 2007, accessed August 2014.

3) Tanzania People's Defence Force, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=33095:tanzania-peoples-defence-force&catid=119:african-militaries, published December 2013, accessed August 2014.

4) Andre LeSage, &quoute;The rising terrorism threat in Tanzania: domestic Islamist militancy and regional threats,&quoute; Strategic Forum 288 (2014): 1-16.

5) Kenya's defence budget grows ahead of Africa peers in 2013, The East African, http://www.theeastafrican.co.ke/news/Kenya-s-defence-budget-grows-ahead-of-Africa-peers-in-2013-/-/2558/2281900/-/101mnwv/-/index.html, published April 2014, accessed february 2015.

6) Tanzania acquires new amphibious tanks, rockets and other weapons from China, Defence Web, http://www.defenceweb.co.za/index.php?option=com_content&view=article&id=34695:tanzania-acquires-new-amphibious-tanks-rockets-and-other-weapons-from-china&catid=50:Land, published May 2014, accessed february 2015.

7) China and Tanzania conclude historic naval exercise, Defence Web, http://www.defenceweb.co.za/index.php?Itemid=106&catid=51:Sea&id=37029:china-and-tanzania-conclude-historic-naval-exercise&option=com_content&view=article, published November 2014, accessed February 2015.

8) Chinese A-100 Heavy Rockets on Display in Tanzania, May 27, 2014, Available from http://www.popsci.com/blog-network/eastern-arsenal/chinese-100-heavy-rockets-display-tanzania {Accessed on 16/05/2015}

SOURCES -+

Opinion: Agree with Comments

Comment: Increased role of China in Tanzania defence purchases is evident from the SIPRI Arms Transfers Database, which show that four out of the six most recent defence supplies were from China.

SIPRI: TIV of arms exports to Tanzania, 2012-2014
http://armstrade.sipri.org/armstrade/html/export_values.php

Suggested score:

Researcher + Peer Reviewer-+

Opinion: Agree with Comments

Comment: Some defence procurement are influenced by seller nations being linked to other support that such seller nations gives to Tanzania. For example the purchase of A-100 multiple rocket launchers that are capable of transporting erector launch vehicles carrying 300m 800kg rockets from China in 2014. Each of those rockets has 200 kg warhead which can strike targets up to 120 km away. The purchase was carried out despite Tanzania facing no external threat at all.

Source: Chinese A-100 Heavy Rockets on Display in Tanzania, May 27, 2014, Available from http://www.popsci.com/blog-network/eastern-arsenal/chinese-100-heavy-rockets-display-tanzania {Accessed on 16/05/2015}

Suggested score:

Peer Reviewer-+