THE STATE AND INDEPENDENT CIVIL ORGANISATIONS:
THE CASE OF TANZANIA WOMEN'S COUNCIL (BAWATA)
Prof Chris Maina Peter
Department of International Law, University of Dar es Salaam, Tanzania
A Case Study prepared for the Civil Society and Governance in East Africa Project
(Tanzania Side)
December, 1999
The truth is that in the villages women work very hard. At times they work for twelve or fourteen hours. They even work on Sundays and public holidays. Women who live in the villages work harder than anybody else in Tanzania. But men who live in villages .. are on leave for half of their lives.
Julius Kambarage Nyerere[1]
I. Introduction
Il. Historical Background: The Right to Organise in Tanzania
(a). Legal Basis of the Right to Organise
(b). The Constitution, the Law and Policies
III. Organisation of Women in Tanzania
(a). Early Women's Organisations
(b). Women in the Independence Struggle
(c). Women Organisation after Independence
IV. The Fate of Mass Organisations in the Wake of MultiParty Politics
V. BAWATA: Baraza la Wanawake wa Tanzania
VI. The First Clash with the State: The 1995 eneral Elections
VII. BAWATA versus the State
VIII. The Court of Law as an Arena of Struggle
IX. Conclusion: The Future of Independent Women's Organisation in Tanzania
X. References
I. Introduction
This case study attempts to trace the struggle of Baraza la Wanawake wa Tanzania (BAWATA) or the Women's Council of Tanzania to establish itself as an independent organisation for women's in the country. Over the years since the colonial times, all forms of independent organisation have always been restricted and controlled by the state. The colonial regime ensured that no independent organisations survived peacefully. The independent government on the other hand opted for a more subtle approach. It coopted these independent organisations into the state through the ruling party.
Women's organisations were no exception. The state ensured that these organisations were led by acceptable leaders, particularly wives of the political leadership or top party cadres. During most of the independence period, most of these organisations were led by members of the cabinet. Even today the main women's organisation Umoja wa Wanawake wa Tanzania (UWT) is led by a senior female member of the Cabinet.
BAWATA was the first organisation to try and break off from this tradition and establish itself as an independent organisation, free from the state and the ruling party. This was a challenge to the status quo - a first of its kind which could not be left to succeed. That would be creating a bad precedent for others to copy.
II. Historical Background: The Right to Organise in Tanzania
(a) Legal Basis of the Right to Organise
The right to organise is one of the most important fundamental human rights. This is because it enables people to come together and pursue common interests and goals. It is a right which is closely related to the right to associate and to assemble peacefully and freely. The highest manifestation of this right, which covers all sections of the society, is the formation of political parties, trade unions and other types of nongovernmental organisations.
The international community in various international legal instruments underlines the need to provide and guarantee both the right to organise and to associate and assemble in various ways. The Universal Declaration of Human Rights of 1948 provides in Article 20 that:
Everyone has the right to freedom of peaceful assembly and association.
The Declaration continues:
No one may be compelled to belong to an association
The International Covenant on Civil and Political Rights of 1966 in Article 21 underlines what is provided in the Universal Declaration of Human Rights and goes further to indicate that this right cannot be restricted anyhow except where it is absolutely necessary.[2]
At a municipal level, rightly or wrongly, people organised properly in any form are perceived by the state as a danger to its very existence. This explains the constant desire by the state to ensure a tight control over the means and forms of organisation that are available under the law.
(b) The Constitution, the Law and Policies
In Tanzania the right to freedom of association and peaceful assembly is provided in a very confused manner. It is surrounded by various restrictions. The Constitution of the United Republic of Tanzania of 1977 in Article 20 (1) provides:
Every person is entitled to freedom, subject to the laws of the land, to freely and peaceably assemble, associate and cooperate with other persons, express views publicly, and more especially to form or join associations or organisations formed for the purposes of preserving or furthering his beliefs or interests of any other interests.
Subarticles (2) and (3) then indicate further restrictions in relation to formation of political parties. These restrictions were introduced in 1992 following the introduction of multiparty politics in the country.[3]
This formulation of the Bill of Rights in the Constitution is completely in line with the policy of the government over the years. The many years of oneparty rule could not be done away with immediately after the introduction of multiparty politics. All forms of independent organisation have always been under the strong control of the state. Therefore, all important interest groups were strictly controlled. These include workers, the youth, parents, peasants (in their cooperatives) and of course women.
III. Organisation of Women in Tanzania
(a) Early Women's Organisations
Notwithstanding their numerical strength, women in Tanzania have always failed to organise themselves in an effective manner. The colonial regime gave women a very marginal role in the society. Typical of the feudal system represented by the British colonial rulers, the wife of the Governor was there to promote and support the work of her husband. This was what was expected of all women in the colony. They should be faithful wives who can learn sewing, cookery and related disciplines which would assist them in the house. Politics was men's sphere of influence.
This mentality influenced the few women's organisations established in the country. Notable ones include the Women's Service League; the Mothers' Union; the Greek Community; the Asian Women's Association; the African Welfare Association; and the Tanganyika Council of Women. Somehow, all these organisations did not address women's problems and issues. Their prime aim was to groom subservient and obedient women who would always respect and serve their husbands.[4]
(b) Women in the Independence Struggle
Quite early in the struggle for independence, the Tanganyika African National Union (TANU) realised that it could do little without the support of female members of the community. Therefore, just one year after its formation TANU established a women's section in 1955 under the leadership of Bibi Titi Mohamed.[5]
The main objectives of this section were:
(i). To mobilise women as well as men to join the party;
(ii). To try and bring them together in the liberation struggle
(iii). To ensure the security of the leaders of TANU; and
(iv). To raise funds through various activities such as dances and fashion shows.
It is the women's section in the party which gave TANU a mass base. Women members were very active not only in Dar es Salaam but in the regions as well.[6] Not all men were happy about the upper hand women were being given, but the party President was for equality of both men and women and thus made sure that all sections of the party were given an opportunity to contribute to the advancement of the party aims and objectives.
(c). Women's Organisation after Independence
After independence, the ruling party TANU decided that all women should be united under one organisation Umoja wa Wanawake wa Tanganyika (UWT) with the President as its Patron.[7] As a mouthpiece of all women in the country, the main objectives of UWT were set out in its Constitution as follows:
(i). To unite all women of Tanganyika under one organisation;
(ii). To maintain unity and respect of the nation; to foster the development of women in respect of economic, political, cultural, educational, and health matters;
(iii). To work jointly with the ruling party and government for all;
(iv) To fight for and maintain respect and justice for women of Tanganyika, Africa, and the world at large; to collaborate with all women's organisations in the world whose policies were not in contradiction with the national policies and objectives; and
(v). To maintain mutual relationships with all friendly parties with TANLT in accordance with the policy of socialism and selfreliance for the benefit of the country regardless of skin colour, tribe, religion, material wellbeing or nationality.[8]
With the merger of Tanganyika African National Union (TANU) and the AfroShirazi Party (ASP) of Zanzibar and the birth of Chama Cha Mapinduzi (CC1V17 in February, 1977, the women's organisations in the two parties were joined into one strong mass organisation called Jumuiya ya Wanawake wa Tanzania but retained the abbreviation UWT.
The objectives of the new mass organisation were almost like those of the old party. They were enumerated as follows:
(i). To unite all Tanzanian Women through which the national policy of socialism and selfreliance and party policies regarding women's liberation could be spread and interpreted to the Tanzanian women;
(ii). To cooperate and lead all women in various activities concerning family welfare, development, defence, culture and many others;
(iii). To unite all women mentally and practically under the leadership of the party, to maintain the policy of socialism and selfreliance;
(iv). To defend and promote equality and dignity of the whole nation;
(v). To liberate all women of Tanzania from oppression and from all traditional beliefs and values which deny their development and that of the nation as a whole;
(vi). To coordinate with other organisations under the party to foster national development; and
(vii). To maintain a mutual relationship with other African women and the rest of the world for the common struggle of their liberation and the struggle against imperialism and all kinds of exploitation.[9]
We have reproduced at length the objectives of UWT at various phases in order to underline the point that Umoja wa Wanawake wa Tanganyika (later Tanzania) was in no way an independent organisation of women, for and by women. It was for all intents and purposes a branch of the ruling party through which the Government sent its policies to women, and through them to the rest of the population.[10] This method was particularly useful and effective in the rural areas where the party has a massive following.
UWT was completely controlled. Anything from the organisation to the party or government had to be approved by the relevant organ. This also included nomination of office bearers in the organisation. They had to seek and gain the party's blessing before standing and it was the party which had the last word.
IV. The Fate of Mass Organisations in the Wake of MultiParty Politics
As Tanzania was preparing to move into a multiparty political system in 1992 the fate of the various mass organisations under the party that is, the Workers, Parents, Cooperatives, Youth, and Women - became a centre of discussion due to their importance to the party. Already in 1991 the party had already decided to release two of these mass organisations from its control. These were the Workers' Organisation and the Cooperative Movement. The National Executive Committee of the party had directed the government to undertake the necessary legislative measures to effect these changes.[11] However, notwithstanding this green light from the party, Women's, Youth and Parents' organisations chose to remain under the party umbrella.
The Presidential Commission on Single Party or Multiparty System in Tanzania[12] had earlier recommended, inter alia, that:
... the state should not interfere with the affairs of mass organisations and nongovernmental organisations. In this regard, the state should respect the right to freedom of association, the right to form organisations outside the state system, and even the right to form political parties.[13]
The state acceded to some of the Commission's recommendations[14] and adopted a 'controlled approach' to change the system. For instance, the state, without involving opposition groups and other segments of society, would amend the Constitution and other laws whenever it appeared timely and favourable to the ruling party. This is what has been widely referred to by constitutional experts as viraka 'patch work'.
The Eighth Amendment to the 1977 Constitution of the United Republic of Tanzania's[15] did away with Articles 3 and 10 on the oneparty system and party supremacy respectively.[16] Supposedly, in law, all mass organisations which were previously under the control of the ruling party C.C.M. - were to be left free, or otherwise in practice political parties could be formed and in turn establish respective wings. In the case of UWT it decided to remain a women's wing to the ruling party, as was the case with youths' and parents' organisations. The newly formed political parties have also formed such wings of their own. The affiliation of UWT to C.C.M. connotes that UWT has relinquished one of its legitimising and well established objectives in the monoparty context that is, 'to unite all Tanzanian Women'.[17]