prosecuted; [Ministry of Justice and Constitutional Affairs, PCCB]
•
The legal framework for the anticorruption war be strengthened by (i) providing sufficient protection for
whistleblowers; (ii) opening up access to declarations of assets and liabilities by public officials; and (iii)
passing the Freedom of Information Bill into law. [Government of Tanzania, Parliament]
Objective Seven: Promotion and Protection of the Rights of Women
l. Summary of the CSAR
432.
The CSAR states that, in addition to ratifying core international and regional human rights instruments relevant to
women’s rights, the Constitution guarantees against gender-based discrimination and provides for the equality of
all, including women. A number of laws were enacted to improve protections for women from injustice, practices
that undermine their rights and lock their untapped potential. The 1999 Land Act and the 1999 Village Land Act
provide for gender balance in land ownership, land acquisition, transfer and participation in land administration
and decision-making. The Sexual Offences (Special Provisional) Act of 1998 provides safeguards for women
against sexual abuse, while the Penal Code (Cap 16) criminalizes sexual- and gender-based violence. The Law of
Marriage Act (Cap 29) also recognises married womens’ rights to property ownership along with men.
433.
A Ministry of Community Development, Gender and Children was specially established to champion womens’
rights. Coupled with CHRAGG efforts, civil society organisations such as TGNP, TAMWA and TAWLA have
responded by promoting womens’ status. Affirmative action-type education programmes, including a lowered
pass mark for female student admission to universities, have also helped raise the level of girls’ and womens’
enrollment at all levels.
434.
The CSAR notes a steady increase of women in senior civil service positions since 2003, reaching about 30
per cent in 2006. In addition, more women are acceding to key decision-making positions. In this respect,
Tanzania adopted a quota system for women to increase their numbers on representative bodies. The
Constitution guarantees special seats (30 per cent) for women in Parliament. Similarly, the Local Government
Elections Act provides that one-third of elected councillors should be women. Between 1961 and 2010, womens’
representation in Parliament increased from 7.5 - 36 per cent. In 2010, 988 women sat on local councils as
councilors, reflecting an increase from 940 in 2004. Tanzania continues to respond to the 50/50 benchmark set
by the AU constituent declaration.
435.
However, despite government efforts to mainstream gender in development policies and processes, the gender
gap between men and women is increasing. Inherent contradictions in the very laws that were amended to
protect womens’ progress are customary and religious norms and practices that have, in some cases, been
legalized and are applied in resolving disputes. Low levels of literacy and awareness of women’s rights and how
to enforce them, especially in rural areas, increased poverty and the vulnerability of women have only resulted in
marginal improvements from Government efforts to protect womens’ rights. There continues to be a wide gender
gap in the number of candidates nominated by political parties. Higher numbers of women in Parliament and
on local councils should be seen to translate into qualitative changes in womens’ socio-economic and political
status.
436.
Gender-based violence is prevalent in Tanzania: rape, battery, and female genital mutilation affected 15 per
cent of all women. Traditional practices and attitudes aggravate continued gender based-violence within and
outside homes. Contrary to the MKUKUTA, the African on the Rights of Women and the national Policy on Aging,
across the country women over 50 were victims of violence, often from accusations of witchcraft. More cases
were reported in the north-western region, Mwanza, and Shinyanga regions. In many communities, deep-seated
cultural beliefs, low status of women, poverty, apportioning blame in cases of calamities, and exploiting the
vulnerability of elderly women have perpetuated this practice.
437.
The Tanzania Gender Networking Program in 2007 identified other challenges facing women that are still valid
today. They include limited gender mainstreaming as a consequence of poor gender disaggregation in policy
and practice, weak gender indicators to track progress in development sectors, and inadequate technical
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