AWD Report 2020
CASE STUDIES
Mama Ardhi Alliance: Securing Land Rights for Women in Tanzania In Tanzania, agricultural and pastoral lands serve as the primary source of income and food for millions. While many Tanzanian women are engaged primarily in the agriculture sector and the main users of land, persistent practices and traditions deny them their right to access, own and inherit the land. According to the Tanzania National Bureau of Statistics, women had 9% ownership of land in 2018.1976 The current Constitution, which grants equal property rights to women and men, and the 1999 Land Act and the 1999 Village Land Act, which guarantee women equal rights to access, own and control land, govern land rights. However, customary law also governs the right to land. Under customary law and tradition, women either do not have the right to access to land and property or can acquire it only through their husband or a male relative.1977 There is ambiguity regarding whether the law or custom takes precedent in a dispute, and in practice, the custom is followed. Many Tanzanian women are unaware of their rights under the law and what procedures they need to follow to access land and other resources. Tanzania’s customary laws mean that many women have lost their land rights owing to their spouse dying or because of divorce and, as a result, face economic hardship.1978 In 2013, five Tanzanian right-based organisations formed the Mama Ardhi Alliance: Envirocare, the Pastoral Women’s Council, the Tanzania Women Lawyers Association, Ujamaa Community Resource Team (UCRT) and the Women’s Legal Aid Centre.1979 The Alliance, drawing on experience working with communities in rural areas on property rights, advocates for enhanced gender-equitable land and property ownership policies and practices.1980 Mama Ardhi also informs Tanzanian women of their land rights and that customary practices are not binding.1981 On International Women’s Day in 2014, the Alliance launched a campaign urging the Constituent Assembly to ensure that the draft Constitution included specific provisions that would guarantee women the right to own and inherit land.1982 The Alliance also pushed for the inclusion of language ensuring that customary laws could not override constitutional provisions and that would explicitly make unconstitutional gender discrimination in law, customs and practices, including inheritance of land and property.1983 In 2014, the Constituent Assembly passed the draft Constitution.1984 In 2015, a referendum to adopt the draft Constitution was rescheduled owing to a delay in voter registration.1985 No new date for a referendum has been set. Although the 2014 draft Constitution has not yet been implemented, the Mama Ardhi Alliance played a critical role in advocating for and securing language that “will provide women with the same rights to own land as men.”1986 It was successful because of its active campaigning and through working with other land rights advocates. Through partnerships with local organisations, the Alliance has raised awareness among Tanzanian women of their rights and helped ensure women’s equal access to land by holding meetings and training on the importance of obtaining documentation that the land they live on and cultivate belongs to them.1987 For example, led by UCRT, women received training on land rights, as a result of which more women began requesting letters stating that their land was indeed theirs, thus giving them and their children security and protection.1988 Many have obtained such letters. While these efforts are small in scale, they present evidence that change is possible. By working with local communities and local leadership, Mama Ardhi has played a significant role in breaking traditional practices and showing how ensuring women their equal right to land and inheritance benefits the entire community.
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