1. TANZANIA WOMEN LAWYERS ASSOCIATION (TAWLA)
Strengthening women’s participation in governance and administration of Land through village bylaws
Presentation made at the
Technical Training Workshop on Gender and Irrigation, 21 April 2016
By Dr. Grace Kamugisha (PhD)

2. TAWLA’s work Towards Securing Women Participation in Land Governance
Situation towards access, control and ownership of land in Tanzania
Decision making processes in Land governance (enabling provisions: The Constitution, the Land Acts no. 4 and 5, the Local Government District Authority Act no 287, the National Land Policy, International Human Rights and policies
Discriminative and gender blind rules and procedures

3. Village By-Laws By-Laws is one form of subsidiary legislation whereas
Subsidiary legislation is defined as: 'any order,
proclamation, rule, rule of court, regulation, notice, by-law or instrument made under any Act or other lawful authority (S. 4 of Interpretation of Laws Act ).
Powers to make DL are delegated to Ministers, Local Government Authorities such as town and municipal Councils, Heads of Depts and other public bodies such as the President or the Chief Justice.
Bylaws are rules enacted by an authorized organ to govern its own procedures.

4. Some Enabling Provision for Village By-Laws
The Local Government District Authorities Act of 1983.
S. 103(2) An. ordinary meeting of the village assembly at least once in every three months (convened by the VC)
(3) The village council may, if it considers it necessary or desirable
for any reason so to do, convene an extraordinary meeting of
the village assembly to discuss and decide upon any matter of
extraordinary public importance.
S.106 Village Council shall regulate its own proceedings and may for that purpose make by-laws governing its procedures.

5. Some Enabling Provision for Village By-Laws
The Minister may, after consultation with district councils, make rules in relation to local government in villages. (S. 110(1)
Rules made under this section may be made generally in relation to all village councils or may be made in relation to any category of village councils or to any particular village council.(S.110(2)
Where rules are made in relation to any particular VC or any category of VC-Publishing in GVT Gazette not necessary if copies of those rules are made available to the VC or VC in respect of which they are made.

6. TAWLA FOCUS ON Participatory Dec Making Process ThroughBylaw
Why TAWLA focused on this…
Establish a gender-equitable and participatory regulatory framework.
TAWLA conducted research in Kisarawe and found out that women were not effectively participating in decision making process over land matters esp for investments
That meetings were being rushed; convened on emergency basis; women not showing interest in such meetings and or not speaking in meetings

7. TAWLA FOCUS ON Participatory Dec Making Process ThroughBylaw
Most of the identified problems were a result of the patriarchal system prevalent is Tanzania and pilot study
Eg Women consider land as man’ issue
Women do not effectively participate in meetings due to lack of knowledge, perception that land is a preserve of men, that women should not speak /over speak in the presence of men, lack interest in land matters as they have no direct access and control over land (especially in traditional settings) women have no control over the proceeds of land

8. Dismantling Patriarchal System
So it was considered necessary to advocacy for by laws emanating from the grassroots which could increase women effective participation in decision making by among others addressing the impact of the patriarchal system eg timing of meeting not to collide with time for preparing meals etc
Also getting women views, men views separately and finally collective views etc

9. Features Gender Quotas in leadership
Men-to-women rotation of leadership
50% of men and women in the council and committees:
Specific Quorum for Village Assembly Meeting
Meetings’ quorum should be equally comprised of men and women

10. After Research Developed
TAWLA Developed Principles
Conducted Consultations at Village and District Levels
Formed a TASK FORCE
TASK FORCE
Municipal Lawyer; District Community Development Officer and Village Chairperson
Popularization with women only, men only, youth, to explain the need for the by-laws
Villabwa Village has approved the By Laws in Village Assembly on 5 April
Awaiting for Kidugalo Village

11. The process TAWLA prepares the principles
Consultation at the village; women groups, men,leaders,paralegals
Stakeholders ie CSO’s,Academia
The government ; local/national
The village Council

12. Approval by the Village assembly
The process
Approval by the Village assembly
Village Council
The District Council
But according to S.106 these can regulate the meetings of Village Councils whereas the Minister can make regulations of a braoder nature as per section 110

13. Use and Reflections
Provisions to safeguard women participation in key decision making processes
Generate new knowledge and the demand to safeguard gender in the management and administration of the village Council
Participatory- buy in from the community members
Collaboration with the local government

14. Next steps
Scaling up
Advocacy at the National level to adopt the model bylaw
Review of other exiting bylaws to mainstream gender

15. THANK YOU!