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 99

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