TANZANIA: A New Constitution is Rare Chance for Women

The prospects of a new dawn for Tanzania are higher, now that President Jakaya Kikwete has announced the formation of a commission to start the process that is expected to lead to the new Constitution. This is good news to women, who feel the current laws do not protect them enough, or give them the same opportunities as men.

While on paper, the current Constitution addresses the issue of discrimination based on gender, ethnicity, political affiliation, race or religion, it does not always follow that these provisions are effectively enforced.

All over the world, women are among the biggest victims of the anomalies found in constitutions. In some cases, constitutions that are often patriarchal in nature play a central role in trampling the rights of women by acting as a defense for abuses and discrimination against this vulnerable group.

Could this then be moment women have been waiting for? Perhaps it is. That this is an opportunity is not the issue. The question is: What are women going to do about it? It is one thing knowing that here is an opportunity, but another to act on it.

Rise in gender activism

We are living in times and places where domestic violence still rears its ugly head despite the rise in gender activism in the past few years. Some forms of physical and emotional abuse against women are considered ‘normal' or ‘reasonable'. Wife batterers get away with it.

Apparently, the current law does not specifically prohibit some bad traditional customs that undermine the dignity and humanity of women.

The list of such gaps is endless. There is the issue of inheritance of property, which is still a dilemma to most women. I have firsthand experience of a case in which a woman suffers after her husband has died, and like eagles relatives fight for the dead man's property, leaving the poor woman with nothing but tears.

It is not a secret anymore that in-laws often bribe court officials to get a widow out of the house of her late husband. It sounds like a Nigerian movie, but it's happening in a nation where, granted, the citizens are generally law abiding.

Divorce laws do not protect women enough, and the Marriage Act is conflicting. For example, a female is allowed to marry at the age of 15 while the minimum age for protection from sexual exploitation is 18 years.

Under the law, sexual intercourse with a child under 18 years is considered rape regardless of consent; however, the law was not effectively enforced in practice because it was customary for girls as young as 15 years of age to be considered adults for the purposes of sexual intercourse and marriage. This surely undermines a girl child.

More so, the girl child is locked out of school if she falls pregnant while the boys are allowed to continue, even after fathering babies.

To women leaders, this is the opportunity. To those who are involved in advocating women issues, let us not miss it.