WOMEN'S LAND RIGHTS IN TANZANIA BY MWAKISIKI MWAKISIKI EDWARDS

Both the Constitution and a number of written laws in Tanzania recognize women’s equal rights to property and the relevant laws include: the Law of Marriage Act of 1971, the Land Act of 199, the Village Land Act of 1999, The national land policy, and the Mortgage Financing (Special Provisions) Act of 2008 (amending the Land Act of 1999 to require additional safeguards for spouses in the mortgage context). 

Women land rights as per Tanzania Constitution of 1977.

Women’s social economic and political rights are provided for and secured within the united republic of Tanzania constitution of 1971, which is the basis of all the citizens rights. The constitution of 1977, thus clearly spells out women rights by first prohibiting discrimination on whatsoever ground and emphasizes equality of all persons. 

Article 12, states that; all human beings are born free and are all equal , Article 13(i), all people are equal before the law and are entitled without discrimination to protection and equality before the law . Article 24(1), is explicit that every person is entitled to own property. The article further states that any deprivation of a person’s property is unlawful unless declared by law which makes provision for fair and adequate compensation. Land is a property that every citizen is entitled and therefore women as citizens are entitled to this right . Article 29(3) ensures that no citizen shall have a right, status or special position on basis of lineage, tradition or descent. 

Women land right as per Law of marriage Act of 1971.

The Law of Marriage Act of 1971 provides that married women have the right to acquire, hold and dispose of property, movable or immovable, during the course of the marriage, and the right to distribution of property earned jointly when the relationship is dissolved as far as section 56-58 of the said law is concerned.  Property and other matrimonial assets that a woman has acquired individually belong to her. When there are two or more wives, they have equal rights and liabilities as spouses as per sections 56-63. 

Women land right as per National Land Policy of 1999.

The National land policy of 1999, covers a wide range of issues relating to women’s equal right to own land. One of its objectives is to promote an equitable distribution of, and access by all citizens to land. Paragraph 4:2:5 recognize the existing problems relating to land. It states ‘Under customary law, women generally have inferior land rights relative to men and their access to land is indirect and insecure’  Paragraph 4:2:6 continues to state further that in order to enhance and guarantee women’s access to land and security of tenure, ‘women will be entitled to acquire land in their own right not only through purchase but also through allocation’. 

Women land rights as per Village Land Act No. 5 of 1999.

Section 3(1 and 2) of the village land act clearly states and recognizes equal rights for men and women to access, own, control and disposition of land under the same terms and conditions.   Section 20(2) protects women against discriminatory customs and traditions which restrict their lawful access to ownership, occupation and use of land. 

Section 23(2)(c) and section 57(3) accords equal treatment of women in the application of customary right of occupancy by both the village land council and the adjudication committee, Section 22(1)  grants women to acquire land after divorce. 

Village Land Act establishes organs for dispute resolution that run from the village level to appellate court level. Women participation in village and ward level machineries is made mandatory. Section 60 of the village land Act and the land disputes (courts) act of 2002 require that out of 7 members of the village land council should not be less than 3 and out of 5 to 8 members of WT women should not be less than 3 as well. 

Women land rights in Land Act no. 4 of 1999.

The 1999 legislation adequately provides for a bunch of rights for women to access, own, and control land as equal as men. It also provides for the right to participate in decision making organs regarding land matters. They also provide for women right to dispose land and properties therein. 

Section 3(2) of Land Act states that ‘The right of every woman to acquire, hold, use and deal with land shall, to the same extent and subject to the same restrictions be treated as a right of any man. 

Section 108(1) (h) (iii) of the Land Act protects women by requiring the court to have regard to women in considering whether to grant an order for determination of a lease or relief against such. Section 112 of the land Act provides for the power of an occupier of land in creating mortgages. Sub-section 3 requires the consent of all the spouses before a matrimonial home is subjected to Mortgage. 

Section 113(3) empowers the dependant of a borrower whose land is likely to be permanently deprived to apply to court on the ground that its terms were of disadvantageous to him or her. And in considering that the court is obliged to have regarded to gender as well, also part X and Part xvii, allows women to own or occupy land jointly or in common with other persons.  

Under joint occupancy, the law protects women as it provides that where the land as whole is occupied jointly under a right of occupancy, no occupier is entitled to any separate share in land, not even a transfer to an outsider unless there is a consent between the two occupiers. It is important to note that this is created mostly between spouses as per section 159(1),(8). 

Under the occupation in common, women are protected in that each occupier is entitled to an undivided share in the whole. Any disposal of land here requires consent as well. Spouses may be presumed to occupy land in common as per Section 160(1) of the Land Act. 

Section 161(3) (b) of the Act the law requires that before any transfer or assignment is effected it is the duty of the assignee or the transferee to make inquiries as to the consent of the spouses as per Section 59 of the law of marriage. 

Despite all those legal provisions that guarantee women access to land, ownership and protection of their rights to land, the situation on the ground is proving otherwise as many women are still discriminated upon and denied their rights to land,  for instance,  Most women have access to land through their spouses or male relatives but do not own on their own, unmarried daughters, widows and divorced women have been a subject of stigmatization, discrimination and harassment by their male relatives in different ways.