Tanzania's Proposed Constitution Guarantees Land Rights for Women

Tanzania's parliament endorsed the proposed constitution last week. The proposal will first go through a referendum.

Tanzania's parliament have introduced a new article for the country's constitution that will secure more rights for women. According to Prime Minister Mizengo Pinda, the law will be put through a referendum before general elections in October 2015. 

Article 22 of the proposed constitution reads "Every woman is entitled to acquire, own, use or develop land under the same conditions as for men." Formal laws currently do not guarantee Tanzanian women to access and own land.

In a majority of cases, women rarely do not own the land that they farm.

"It is important to recognize women's rights in order to protect them against a male-dominated system," expressed Andrew Chenge, chairman of the Constitutional Assembly's drafting committee. In addition, Chenge believes that the new constitutional amendment will help resolve land disputes that are often between women farmers and pastoralists.

Women's right to land was adopted in Tanzania's national policy in the 1990s. Similarly, in 1999, legislation on land ownership expresses women's rights to access, own and control land. However, women are largely denied those rights.

While the constitutional amendment opens up greater paths for women's land ownership and equal rights, some legal experts believe the new constitution may not make its expected dent in Tanzanian society because the country lacks systems to govern land administration.

Yefred Mnyenzi of the Land Rights Research and Resources Institute (Haki Ardhi) emphasized that the fundamental principles guiding land rights in Tanzania continue to favor elites and foreign investors. Given these conditions, Mnyenzi advocates that the constitution should also include an amendment or other mechanism that protects local people and their farmlands, preventing their lands from being taken.

The country's last constitution was drafted in 1977. Tanzania's draft Committee of the Constitute Assembly, officially presents its work to President Jakaya Kikwete along with President of the autonomous Zanzibar region Ali Mohamed Shein in Dodoma on Wednesday. The draft also includes other significant advancements for women's rights. The proposed constitution guarantees women the ability to bestow citizenship to their children, equal employment rights as well as maternity leave.