Ms Zena Zuberi, a resident of Kilwa Kivinje, told members of the commission that the law should protect widows from losing property earned during marriage. "In many parts of Tanzania including Kilwa, it is common for widows to be kicked out of their matrimonial homes and leave behind children, houses and all other property earned during marriage. This is unfair," she said. Ms Zuberi called for establishment of funds to support, develop and promote the welfare of widows.
Ms Zainab Hassan, a resident of Nyangao village in Lindi Rural District, faulted the law that allows polygamy, saying the system belittles women and is counterproductive. She further said laws on upkeep after divorce were unfair. "The laws that are currently being applied are obsolete and moribund. There are provisions that require a father to pay 2,000/- only a month as upkeep allowance?" she wondered.
Other women listed several laws that favour men at workplaces and opportunities in accessing academic institutions and jobs. Ms Mwajuma Rajab at Nanjilinji in Kilwa District said the number of women in parliament, judiciary and other important decision making bodies was still very low. "We have very few women who are ministers, regional commissioners and members of parliament representing constituencies," she explained.
She further called for extensive public education to "brainwash" people against patriachial attitudes and culture. Ms Somoe Mchopa, a resident of Nyengedi in Lindi rural District, said apart from bad laws women in many parts of Tanzania are subjected to archaic and barbaric cultures including Female Genital Mutilation (FGM) and domestic violence.
FGM, also known as female genital cutting and female circumcision is defined by the World Health Organization (WHO) as "all procedures that involve partial or total removal of the external female genitalia or other injury to the female genital organs for non-medical reasons."
FGM is typically carried out on girls from a few days old to puberty. It may take place in a hospital, but is usually performed, without anaesthesia, by a traditional circumciser using a knife, razor or scissors. It is practised in 28 countries in western, eastern and north-eastern Africa, in parts of the Middle East and within some immigrant communities in Europe, North America and Australasia.
The WHO estimates that 100-140 million women and girls around the world have experienced the procedure, including 92 million in Africa. The practice is carried out by some communities, who believe it reduces a woman's libido. Women are vulnerable to human rights violation throughout the world and history. The status of human rights varies from state to another, often depending on social norms and traditions.
However, there are adopted different international and domestic legal instruments that protect and promote the rights of women due to their vulnerability. Internationally there are the Universal Declaration of Human Rights (UDHR) of 1948, the UN Convention on Elimination of All Forms of Discrimination Against Women (UNCDAW) 1978, the International Convenant on Civil and Political Rights 1966 and International Convenant on Economic, Social and Cultural Right of 1966.
At the regional level the African Union had equally shown commitment to protect the rights of women including the African Charter on Human and People's Rights 1981. Tanzania is a signatory to both international and regional instruments and the Constitution of the United Republic of 1977, provides for protection of women rights generally. Articles 12 and 13, protects the respect for human dignity; equal treatment of all human beings and equality before the law.
Violation of women rights starts with exclusion and discrimination of women from decision making. Thus among the indicators for respect of women rights is their inclusion and participation in the affairs of the nation and in decision making bodies. Compared to 2005, Tanzania witnessed an increase in the number of women participating in decision making bodies. For example, the number of women members of parliament (MPs) representing constituencies has increased from 7.3 per cent in 2005, to 8.3 per cent in 2010.
This progress is, however, like one side of the coin only. The other side is evidently tainted by alarming challenges facing the realisation of women rights in Tanzania. The Global Gender Gap Index 2010 has ranked Tanzania in 66th position out of 132 countries in the world. This shows that gender imbalance is increasing in the country compared to a similar study in 2005, where the country ranked in the 34th position.
Tanzania has an international obligation to legislate for the protection of women's rights. Nevertheless, the country still maintains in its law books a number of statutes that are abhorrent and discriminatory in terms of equality between men and women. These statutes include the Local Customary Law (Declaration Order). Codification of the custormary laws applicable in Tanzania led to the adoption of an order declaring application of such customary laws in various areas.
This order still maintains discriminatory inheritance rules. It denies widows to inherit from the estates of their deceased husbands. In addition, daughters are given an unequal share of the estate compared to sons and are denied their rights to property. Furthermore, the declaration provides for the ousting of the right of a widow over custody of her own children.
The enactment of the Law of Marriage Act 1971, emanated from compromises of religious, secular and customary interests, consequently providing a harmonised legal regime dealing with matrimonious issues. From such compromises, there are numerous provisions therein which contradicts the whole essence of equality. For example, on the age of marriage a girlbelow the age of majority (18) can still be married.
The law is discriminatory because it allows underage marriages below 18 years to 15 years by order of the court. In addition, on division of matrimonial property or assets following divorce, the Law requires the courts to consider customs of the community, when dividing matrimonial property. Most of these customs are patriachial, discriminatory and oppressive to women. Due to the bias and inadequacy in legal protection, most women in Tanzania are denied their basic rights when it comes to adjudication of matters related to marriage, divorce and probate.
Another discriminatory law to women is the Tanzania Citizenship Act of 1995. This piece of legislation is discriminatory to women as it favours males who get married to foreigners by providing for a clearer way of naturalisation of their foreign wives, while making it difficult for foreign husbands married to Tanzanian women. The law specifically requires a naturalisation of a woman married to Tanzanian citizen and not vice versa.
