2. Different Roles Performed By Csos And Other Partners In Wpp

Subject to the provisions of Part III of the Election Expenses Act, every political party shall disclose to the Registrar information relating to any funds or other resources obtained by the party from sources outside the URT, whether obtained directly or through sources within the Republic. There are no specific provisions in PPA that stipulate the financing of women in elections or vying for political leadership positions.

Political parties are not required to disaggregate their membership based on special interest groups. This means that the 30 per cent rule applied in the National Assembly is not reflected in PPA to include women in political parties on all party organs, bodies and committees.

While the legal framework regulating political parties is clear, it may be essential to put political parties under scrutiny, especially for those receiving public funds, to check whether both gender equity and equality are reflected in their manifestos and party constitutions as well as their undertakings.

Essentially, a considerable percentage of the government's funds must support gender activities. These funds are intended to enhance the electorate to engage better with the parties. Although one Member of Parliament from Zanzibar praised the Government for supporting women financially with regard to WPP, there must be well-established mechanisms on how the resources are directed towards activities of the women leagues as the evidence was not available to support the assertion by the MP.

f) Policy Framework To strengthen the legal framework towards elections, the state bodies have developed numerous regulations in recent years. The regulations are facilitative for both men and women. The Government of Tanzania (and some through the NEC) has adopted policies that advance gender equality, WPP and youth inclusion in a supportive enabling environment as follows: Women and Gender Development Policy (WGDP); National Gender Development Strategy; NEC 2010 Electoral Code of Conduct for the Presidential, Parliamentary and Councilors’ Elections; The National elections (Presidential and Parliamentary Elections) Regulations, 2020; and NEC 2010 Guidelines for Local and International Election Observers.

NEC has, however, not put in place any regulations to guide political parties’ nomination of candidates that would facilitate the realization of the gender principle. Furthermore, civic and voter education has not significantly been imparted to most women to the extent that most do not believe in fellow women leadership or are not ready to vie for different political posts.

5� ELECTORAL SYSTEM IN ZANZIBAR

Article 119 of the 1984 Constitution of Zanzibar and the Election Act make provisions for the Zanzibar Electoral Commission (ZEC) to be responsible for conducting Zanzibari presidential and parliamentary elections(Constitution 1984, Articles 119-120; Election Act 1984, 4-10). The NEC of Tanzania conducts local government elections in Zanzibar.16For purposes of the elections in Zanzibar, relevant laws used in elections therein are: Constitution of Zanzibar 1984, includes amendments up to 2010; Election Act 2010; Elections Regulations 2008 (Regulations for updating the voter's register 2007); Referendum Act of 2010; Zanzibar Municipal Council Act 1995; and District and Town Councils Act 1995.

For purposes of policies, Zanzibar has the following in place: Zanzibar Gender Policy 2016-2020; Plan of Action to Implement Zanzibar Gender Policy 20162020; Zanzibar Electoral Commission Guidelines on the Code of Ethics for Political Parties Participating in the 2020 General Elections; Zanzibar Electoral Commission Code of Conduct for State-Owned Media on Coverage of Election Campaigns of Political Party Candidates; and Zanzibar Electoral Commission Guidelines for Local and International Observers.

The Union Laws, for purposes of elections (for both Tanzania Mainland and Tanzania Zanzibar), include the Constitution of the United Republic of Tanzania 1977; Local Government (Urban Authorities) Act; Local Government (District Authorities) Act; and Political Parties Act No.5 of 1992. Article 119(1) of the Constitution stipulates that the president of Zanzibar has the power to appoint the Chairperson of the Commission and other members of the Commission as specified by the Act of the House of Representatives. There is also a Director of Elections who assists the ZEC in planning and executing its policies.17

Zanzibar has the Association of Women Members of the House of Representatives, which is registered as an NGO called TAMWA ZANZIBAR18 that brings together all women MPs with the sole purpose of capacity building of women legislators for their effectiveness as legislators19 . One of the respondents from Zanzibar, when asked about the effectiveness of the laws in enhancing WPP, observed that: “We have very good laws in our nation, but most political leaders are held by men including the positions in the Zanzibar Electoral Commission and not females. There is a lot that has to be done to do away with this male-dominant political system.”

16 According to Grant Masterson (2009, 524), "The ZEC was formed in 1993 after revisions to the Zanzibar Constitution of 1984 (Revised Act 5 of 1992) created the legal structures for the body". 17Article 119(9); Election Act 1984, 7. 18 https://www.tamwaznz.org/ accessed on 10th January 2021. 19 TAMWA’s Mission is to advocate for women and children’s rights by conducting awareness-raising activities for cultural, policy and legal changes in society through the use of media. This mission is meant to facilitate the realization of the association’s Vision of the existence of a peaceful Tanzania society, which respects human rights with a gender perspective.

6� LEGAL CHALLENGES TOWARDS IMPLEMENTING THE GENDER EQUALITY PRINCIPLE IN TANZANIA

i. There is no specific article in CURT that requires parliament to enact legislation to promote the representation of women, persons with disabilities, youth and marginalized and ethnic minorities. The CURT gives the discretion to the NEC to make provisions specifying the procedure to be followed by political parties.

ii. Together with the CSOs, NEC undertakes the role of voter and civic education. The legal and policy framework is in place to ensure a conducive environment for all voters (men and women) to participate. However, many respondents noted that most Tanzanians are not reached with relevant information on elections and how to vote. Notably, lack of knowledge, skills and poor attitudes are some of the key barriers to the enhancement of WPP.

iii. Another challenge is a backlash associated with special seats. The greater majority of women parliamentarians have come to Parliament through affirmative action. However, parliamentary membership through special seats has recently come under fire. This is a major concern to Tanzania Women Parliamentary Group (TWPG) members who see it as an attack on their turf. Women special seat MPs primarily represent their political parties and not their "special" constituencies. Yet the need for affirmative action to increase women's presence in decisionmaking positions, including in Parliament, cannot be over-emphasized.

Special seat MPs do not enjoy status like other MPs and are not eligible for some senior positions like an appointment to Prime Minister and Chairpersons of Parliamentary Committees.

iv. The Electoral Commission, in its reports, has noted the lack of adequate resources to undertake effective voter education and has called on increased partnership with CSOs.

v. The legal framework for promoting and participating PWDs, especially women with disabilities, requires review to provide affirmative action to include men and women with disabilities in the political party system.