backstopping. These place women at a disadvantage in the national development process and poses a challenge
to acheiving women’s rights.
ll. Findings of the CRM
Discrimination against women
438.
CEDAW places an obligation on States to enact effective legislation prohibiting discrimination against women.
The Constitution guarantees non-discrimination on grounds of sex while also providing for equality before the
law. The CRM notes that, while Tanzania has adopted laws to protect women against violent incidents in everyday
life, discriminatory legislation continues to disempower them and perpetuates inequality. These include the 1971
Law of Marriage Act Cap 29, the 1963 Customary Law Declaration Order, the 1971 Citizen Act and the Law of
Marriage Act. These laws manifest in the Tanzania society in various forms, such as inheritance, land ownership,
widow inheritance, polygamy, forced marriage, bride price, and the omission of marital rape which discriminates
against women.
439.
This is in conflict with the Constitution and CEDAW which stipulate the following:
(i) Early marriages of girls before attaining the age of 18 years in comparison to their male counterpart who are
only allowed to marry after eighteen years, hamper their life chances, have negative health consequences
not least because of the increased likelihood of early motherhood and the attendant health risks, but also
the resultant impact on the health of any children that she may have. In Shinyanga and Pemba, there
were reports of early marriage which hindered a girl’s chances of continuing with her education. The
poor practice in registration of marriages or, in some cases, non-enforcement of registration provisions
perpetuates the practice of child marriages.
(ii) In some cases widows are prohibited from inheriting land from their deceased husbands. Women in rural
areas suffer from this form of discrimination, as their livelihoods, their survival and that of their children
depend on land. During the CRM meetings, experiences of this were reported in Zanzibar, Mtwara, and
Pemba. Related to this, there is no uniform law for inheritance given the differences between statutory
law, Islamic law and customary laws. Further, the impact of the progressive Land Act and Village Act,
1999 which have improved women’s access to land ownership, is still unknown and has been slowed by
women’s lack of knowledge of their rights; and,
(iii) Women do not have the right to pass their nationality on to their husbands and children; rather granting
of nationality and citizenship of children through the male line is a clear manifestation of discrimination
against women. The denial of the right of women to pass on nationality may result in the denial of core
citizenship rights, including the right to vote or to participate in public life. It may also have an impact on
their freedom of movement as, indeed, may the insistence that a child must follow the father’s nationality.
440.
In Tanzania, discriminatory practices against women are aggravated by customary and religious tenets that have
been used to rationalize and legitimise discrimination against women in both practice and law, thus increasing
the risks associated with gender inequalities.
Violence against Women
441.
Tanzania enacted several laws, such as the 1998 Sexual Offences (Special Provisions) Act to protect women
against violence. There was some positive impact. The CRM confirmed that, despite this and other laws, several
women and girls throughout the country - especially those living in poverty - experience violence, abuse and
exploitation, resulting in harm. This perpetuates the cycle of oppression and abuse since violence is a major
cause of death and disability, and a leading driver of poverty and insecurity. Throughout the country women are
raped, beaten, and emotionally abused by spouses, lose matrimonial property after being chased away from their
homes, and are exploited economically. As already noted, elderly women are killed on allegations of involvement
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