TANZANIA NON GOVERNMENT ORGANISATIONS’ SHADOW REPORT TO CEDAW
ON THE 7TH & 8TH CONSOLIDATED REPORT ON THE IMPLEMENTATION OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
Submitted by the CEDAW Task Force Tanzania –WLAC, WiLDAF, TAWLA, TAMWA, WAT, CWCA , TWCWC, LHRC & Envirocare
Complied By: Dr. Monica E. Magoke-Mhoja
Coordinator by: Women’s Legal Aid Center
Dar es Salaam, Tanzania
Email:
Website: www.wlac.or.tz
20
TABLE OF CONTENTS
Acknowledges…. ………………………………………………………………………………………………………… iv
Abbreviations……………………………………………………………………………………………………………... v
Executive Summary…………………………………………………………………………………………………….. vi Introduction……………………………………………………………………………………………………………… 1
1:1 Country Profile…………………………………………………………………………………………………… 1
1:2 Consultation on Preparation of the Report………………………………………………………… 2
2. ARTICLE 2 LEGISLATIVE-LEGAL FRAMEWORK ...... 2
2:1The Government 7th & 8th Periodic Report…………………………………………………………. 2
2:2 NGO Report on the Situation…………………………………………………………………………… 3
2:3 Recommendations ...... 6
3. ARTICLE 5 SEX ROLES AND STEREOTYPING...... 6
3:1The Government 7th & 8th Periodic Report………………………………………………………… 6
3:2 NGO Report on the Situation……………………………………………………………………………… 6
3:3 Recommendations...... 10
4. ARTICLE NATIONALITY...... 10
4:1The Government 7th & 8th Periodic Report………………………………………………………….. 10
4:2 NGO Report on the Situation……………………………………………………………………………… 11
4:3 Recommendations...... 12
5. ARTICLE 10 EDUCATION ...... 12
5:1The Government 7th & 8th Periodic Report……………………………………………………………. 12
5:2 NGO Report on the Situation………………………………………………………………………………. 12
5:3 Recommendations...... 15
6. ARTICLE 14 RURAL WOMEN……………………………………………………………………………………………………………………. 15
6:1The Government 7th & 8th Periodic Report……………………………………………………………. 15
6:2 NGO Report on the Situation………………………………………………………………………….…… 16
6:3 Recommendations...... 17
7. ARTICLE 16 MARRIAGE AND FAMILY RELATIONS ...... 17
7:1The Government 7 & 8th Periodic Report………………………………………………………………. 17
7:2 NGO Report on the Situation………………………………………………………………………………... 17
7:3 Recommendations...... 18
8.0 CONCLUSION………………………………………………………………………………………………………… 18
Appendixes………………………………………………………………………………………………………………… 19
References ………………………………………………………………………………………………………………… 20
ACKNOWLEDGEMENTS
This report has been made possible through the collective effort of the CEDAW taskforce and other Non-Governmental Organizations listed below. We wish to acknowledge everyone, who, with great dedication donated their time and effort to the production of this report.
Asylum Access Tanzania ( AAT)
Equality for Growth (EFG)
Children Education Society ( CHESO)
Dr.Monica Mhoja Edutainment Center (MOMEC)
Forum for African Women Educationalist (FAWE)
HakiElimu
ABBREVIATIONS
AACP Agape Aids Control Programme
CEDAW Convention on the Elimination of All Forms of Discrimination against Women
CHESO Children Education Society
CWCA Centre for Widows and Children assistance
EfG Equality for Growth
FGM Female Genital Mutilation
LRCT Law Reform Commission of Tanzania
LSF Legal Service Facility
LSRP Legal Sector Reform Programme
MCDGC Ministry of Community Development, Gender and Children
MDAs Ministries, Departments and Agencies
MDG Millennium Development Goals
NSGRP National Strategy for Growth and Reduction of Poverty
REPOA Research on Poverty Alleviation
STDs Sexually Transmitted Diseases
TAMWA Tanzania Media Women Association
TASAF Tanzania Social Action Fund
TAWLA Tanzania Women Lawyers Association
TWCWC TanzaniaWomen andChildren Welfare Centre
URT United Republic of Tanzania
VAC Violence against Children
WDC Ward Development Committees
WEDTF Women Entrepreneurship Development Trust Fund
WiLDAF Women in Law and Development in Africa
WLAC Women's Legal Aid Centre
EXECUTIVE SUMMARY
This Shadow report has been collaboratively developed by a number of women’s and human
rights organizations in response to the United Republic of Tanzania’s seventh and eighth periodic consolidated report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 2008-2014.
Summary of the Selected Articles
Article 2: Legislative-Legal Framework: The government has done a commendable work in terms of enacting laws, but there is inadequate implementation of policies and laws. Further, there still exist some discriminatory laws or provisions that propagate gender-based violence towards women and girls. includes - the Law of Marriage Act Cap 29 R.E. 2002 Sections 114(2) & 13(2); the Local Customary Law (Declaration Order) 1963; the Penal Code section 169 A; the Probate and Administration of Estates Act, Section 92(1).The government has also not yet domesticated the CEDAW in its entirety.
Furthermore, the enactment of the new law to regulate legal aid providers including paralegals, who are providing legal assistance and issues related to the provision of free legal aid in the country have been protracted.
Article 5: Sex Roles and Stereotyping
Traditional, patriarchal marital and family models of life and gender role distribution are still present and nurtured through ideological and structural influences. Some tribes practice inhumane traditions such as FGM, women inheritance and cleansing, and child marriage. The State efforts to ensure abolition of obsolete customs and customary laws are inadequate because there are still existence of discriminatory laws such as the Customary Law of Inheritance (The Local Customary Law (Declaration) (No. 4) Order of 1963) and discriminatory provisions in the Law of Marriage Act, Cap 29 R.E. 2002 (‘LMA, 1971’), Cap 29. R.E. 2002 which sanction inequality practice.
Article 9: Nationality
Women are not recognized as being equal to men under the Tanzania Citizenship Act, 1995 Cap. 357 R.E 2002 Section 11 (1) and its Regulations of 1997. A woman married to a citizen of the United Republic shall at any time during the life time of the husband be entitled upon making an application in a prescribed form, to be naturalized as a citizen of the United Republic. This does not apply to a man married to a Tanzanian woman. Additionally, a woman does not have the right to pass on citizenship to children while a man is allowed if he marries a foreign woman. The Act is discriminatory to women and violates Article 9 of CEDAW.
Article 10: Education
The Government report clearly presents that in Tanzania Mainland, the gender gap between girls and boys in Primary Schools has been significantly reduced. Indeed, Tanzania has achieved even before 2015 as the gross enrolment indicate girls are the majority in enrolment compared to boys. The big challenge is drop out among girls. Factors contributing to school dropout among the girls include economic factors, school level factors and cultural factors.
Equally, female students continue to face gender stereotypes which often manifest themselves in sexual abuse, early pregnancies, child marriages, household duties, limited access to schools, long distances to school and poor or lack of sanitation. The Government report offers inadequate solutions on these key challenges.
Article 14: Rural Women
Despite the many policies and laws mentioned by the State, and a dedicated rural development strategy, there is still a systematic failure of rural women’s rights across the full spectrum of the Convention. Women and girls are the most discriminated at all levels; they are sidelined based on their gender and also hold a subordinate position in society as a result of the patriarchal system.
More women, mainly the rural women are illiterate, due to long distances to travel to schools, poor or lack of sanitation in schools, child marriages and no access to Sexual Reproductive Health services.
Article 16: Marriage and Family Relations
Tanzania still entertains a number of discriminatory laws which adversely affect vulnerable women in their applicability. Despite the Committee concluding remarks in 2008 and civil society’s call to amend them, there exists some laws or provisions which are discriminatory and violate the rights of women e.g. the Law of Marriage Act Cap 29 R.E. 2002 such as Section 114 (2) (a)- division of matrimonial property; Sections 163-164 –implicitly allows a husband to beat his wife; Section 125 (2) (c) & Section 129 on custody of children. Also Inheritance and Probate laws such as the Local Customary Law (Declaration) (No.4) Cap.358 R.E 2002 which denies widows to inherit from their deceased husband’s estate and give daughters unequal share of the estate compared to sons. In the past several years, the government initiated positive steps to review all discriminatory laws. The government kept on giving empty promises on legal reforms. Forced marriages, especially of minors, remains a common practice in rural communities, where conservative traditions and customs are regarded as acceptable. Girls who are not in school are particularly vulnerable to child marriage.
20
1.0 INTRODUCTION
The purpose of this report is to provide supplementary information on the current status of women’s rights in Tanzania and compliance by the state with its obligations in terms of the Convention. The Task Force acknowledges that the Government report was prepared in a participatory process involving government ministries, selected NGOs and development partners. However, rural woman were not directly involved thus this report intends to contribute in fulfilling the gaps.
The thematic areas selected by the CEDAW Task Force members are based on the recommendations and responses from the combined seventh and eighth periodic reports of States parties that were submitted on the 10th November 2014 by Tanzania. The combined periodic reports were prepared by the Ministry of Empowerment, Social Welfare, Youth, Women and Children (Zanzibar) and the Ministry of Community Development, Gender and Children (Tanzania Mainland) in September, 2014. In the preparation of the consolidated reports various consultations were held involving government ministries, departments and agencies and NGOs that included the Tanzania Women Lawyers Association (TAWLA), Women in Law and Development in Africa (WiLDAF) and the Women’s legal Aid Centre (WLAC). The shadow report is based on few selected articles which were selected by the CEDAW Task Force as key priority areas.
1:1 COUNTRY PROFILE
The United Republic of Tanzania constitutes Mainland Tanzania and Zanzibar. There are two different law making bodies, the Parliament of the United Republic of Tanzania legislates on Union matters and the House of Representatives legislates on Zanzibar matters. The population is 44,928,923 million (2012 Census). Women constitute 51.1 percent of the total population.
Since 1992, Tanzania is a multi-party country. The Constitution of the United Republic of Tanzania 1977 includes the Bill of Rights, which provides for the protection of women’s rights. Tanzania has ratified numerous international human rights conventions including the CEDAW. Additionally, it ratified its Optional Protocol in January 2006.
The Tanzanian economy depends primarily on agriculture, which accounts for more than one-quarter of Gross Domestic Product (GDP). It provides for 85% of exports, and employs about 80% of the work force. GDP growth in 2009-13 was a respectable 6-7% per year due to high gold prices and increased production.[1] It is estimated that 18.7 percent of Tanzanians live below the food poverty line and 35.7 percent live below the basic needs poverty line. Among the total poor population, the urban poor constitute about 13 percent compared to 87 percent in rural areas. Therefore, poverty is more prevalent in rural areas where the majority of women live. [2]
1:2 CONSULTATIONS ON PREPARATION OF THE REPORT
This report has been prepared by the CEDAW Task Force – members include Legal and Human Right Centre (LHRC), Women Advancement Trust (WAT), TanzaniaWomen andChildren Welfare Centre (TWCWC), Centre for Widows and Children assistance (CWCA), TAWLA, WiLDAF, Tanzania Media Women Association (TAMWA), Environmental Human Rights Care and Gender (Envirocare) and WLAC. These organizations are working on issues that affect the rights of women in Tanzania. The methodology used in preparing the report was through the use of the Government reports by the Task Force members. Members looked at selected articles in reference to the CEDAW conventions, critiqued them and made conclusions on the observations made in their implementation. The shadow report on CEDAW should be read in conjunction with the ‘Seventh and Eighth Combined Periodic Report’ of the URT on CEDAW, in order to give a clear picture on the implementations of the CEDAW in Tanzania.
Before the development of this shadow report, there were numerous meetings and consultations with the Task Force member organizations. Task Force members made different steps to develop the shadow report.
This Shadow report is not intended to duplicate the government’s country report rather highlight the gaps. The objectives of the report are as follows:
· To assess the government’s compliance with CEDAW obligations
· To identify and comment on the disparities in the government’s report
· To assist the Committee in conducting an assessment of government’s compliance with CEDAW and make recommendations that will contribute to the promotion and protection of women’s rights in Tanzania.
The Government is highly commended for consulting some civil society organizations (CSO’s) during the consolidated seventh and eighth periodic report preparation. Unfortunately, although a number of CSO were involved and consulted in the process of developing the report, some of the information submitted by CSO was not included in the final report. Also, the preparation was based on inadequate consultations of grassroots rural women.[3]
2:0 ARTICLE 2: LEGISLATIVE – LEGAL FRAMEWORK
This requires state parties to adopt legal policy and other measures to eliminate discrimination.[4]
2:1 THE GOVERNMENT 7TH & 8TH PERIODIC REPORT
It is submitted that it has made some progress in amending discriminatory laws and is in the process of making the New Constitution. In compliance with Article 2 of the Convention, Section 1.1.0 sub-section 3 stated that it has carried out a review of the inheritance laws in Tanzania Mainland; and, as soon the New Constitution is adopted, the State party will embark on the amendment of discriminatory laws to enhance equality between men, women and children in succession issues.[5]
The Legal Aid Bill: The report (under Paragraph 14) stated that it has made efforts to enact the Legal Aid Act which is in its final stages (Legal Aid Bill). The enactment of the Legal Aid Act, will allow paralegals to provide legal aid services to the needy. This will increase the number of legal service providers in particular to the rural areas.
Domestication: The Government has embarked on a number of activities. These include domestication of several international human rights conventions into the municipal legal system. As for the status of domestication, there have been some efforts to incorporate pro-gender human rights principles deduced from gender-related treaties including the CEDAW (Part 2 S. 1.1.2 Sub-section 12).[6]
2:2 NGO REPORT ON THE SITUATION
There are several discriminatory laws or provisions which women and human rights organizations have been advocating for amendments for over 10 years.[7] There is lack of priority given to comprehensive legal reform to eliminate sex-discriminatory provisions and to close legislative gaps in order to bring the country’s legal framework fully into compliance with the provisions of the Convention and to achieve women’s de jure equality.