A Home in the City: Women's Struggle to Secure Adequate Housing in Urban Tanzania

Fordham International Law Journal, Dec 2011

This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the experience of living without adequate housing disparately impacts women's lives. Specifically, because women spend a disproportionate amount of time in informal settlements, they experience more acutely the lack of basic services that is characteristic of these poor urban areas. Moreover, female residents of informal settlements face increased exposure to gender-based violence and health risks, among other hazards.Finally, Part III examines the way forward. It begins by providing a brief overview of several Tanzanian initiatives aimed at improving informal settlements. It then offers recommendations aimed at the full realization of women's right to adequate housing.

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A Home in the City: Women's Struggle to Secure Adequate Housing in Urban Tanzania

FORDHAM INTERNATIONAL LAWJOURNAL Fordham International Law Journal Stephen Wanjala Housing Microfinance Housing Development Technical Advisor WAT-Human Settlements Trust Boaz Ackim Program Manager Habitat for Humanity Copyright c 2011 by the authors. Fordham International Law Journal is produced by The Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Elisabeth Wickeriy - 2011 Article 5 y A Home in the City: Women’s Struggle to Secure Adequate Housing in Urban Tanzania Katherine Hughes and Elisabeth Wickeri This Report presents the findings of this research effort. Part I sets out the history of Tanzania’s informal settlements, including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania’s obligations under international and domestic law regarding the right to adequate housing and intersecting issues.Part II documents women’s struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the experience of living without adequate housing disparately impacts women’s lives. Specifically, because women spend a disproportionate amount of time in informal settlements, they experience more acutely the lack of basic services that is characteristic of these poor urban areas. Moreover, female residents of informal settlements face increased exposure to gender-based violence and health risks, among other hazards.Finally, Part III examines the way forward. It begins by providing a brief overview of several Tanzanian initiatives aimed at improving informal settlements. It then offers recommendations aimed at the full realization of women’s right to adequate housing. A HOME IN THE CITY: WOMEN'S STRUGGLE TO SECURE ADEQUATE HOUSING IN URBAN TANZANIA KatherineHughes * Elisabeth Wickeri ** "[T]he right to housing does not coincide with the simple notion of having the right to a roof over one's head. 'Rather,it should be seen as the right to live somewhere in security, peace and dignity. " INTRODUCTION ................................... I. BACKGROUND ........................... A. The Urban Millennium .................. 1. A Statistical Overview............ ................. 797 2. Women's Role in Urbanization ........ 3. The Historical Context of Tanzania's Urban ..... 1. International Law........... ...... ........ 807 Legal Obligations under the ICESCR ............. 808 * 2009-2010 Crowley Fellow in International Human Rights, Leitner Center for International Law and Justice, Fordham University School of Law; J.D. Fordham University School of Law; M.A. Fordham University; M.Sc. University of London. ** Executive Director, Leitner Center for International Law and Justice, Fordham University School of Law;J.D. New York University. 1. Giulia Paglione, Domestic Violence and HousingRights: A Reinterpretationof the Right to Housing, 28 HUM. RTS Q. 120, 122 (2006) (emphasis and alterations omitted) (quoting Comm. on Econ., Social and Cultural Rights [CESCR], General Comment No. 4: The Right to Adequate Housing, 6th Sess., 1 7, U.N. Doc. E/C.12/1991/4 (Dec. 13, 1991), reprintedin Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, at 11, U.N. Doc. HRI/CEN/1/Rev.9 (Vol. I) [hereinafter General Comment No. 4]). ..... 797 ..... ........ 800 790 797 801 801 ..... 807 II. INTRODUCTION There is little doubt that we now live in an urban world.2 In less than twenty years, 60% of our global population will live in 2. In 2007 , the United Nations ("UN") reported that, "for the first time in history, the majority of the world's people will live in cities." U.N. Human Settlements Programme [UN-HABITAT], State of the World's Cities 2006/2007, at iv (2006) [here inafter UN-HABITAT 2006 /2007]; see also MIKE DAVIs, PLANET OF SLUMS 1-2 2011] cities.3 However, the United Nations ("UN") reports that, as of 2010, 827.6 million urban dwellers in developing countries lived in slums, with the global slum population expected to grow to 889 million in about a decade.4 While urbanization is often cited as a catalyst for economic growth and improved standards of living,5 for nearly a billion people it means a life lacking durable housing, sufficient living area, access to improved water, access to sanitation, or secure tenure.6 In short, it means that realization of the right to adequate housing might never be a reality for vast swathes of the global population. Unsurprisingly, it is now clear that women experience these deprivations disproportionately.7 Nowhere are the problems of rapid urbanization felt more acutely than in Africa, where urban growth rates are the highest in the world at 3.3% annually as of 2005.8 Such rapid change brings with it the world's largest slum population, located in sub(2006 ); CENTRE ON HOUSING RIGHTS AND EVICTIONS [COHRE], WOMEN, SLUMS AND URBANISATION: EXAMINING THE CAUSES AND CONSEQUENCES 18 (2008) (noting that, in 1975, little more than one-third of the world's population lived in cities). 3. See UN-HABITAT, State of the World's Cities 2008/2009: Harmonious Cities, at x (2008) [hereinafter UN-HABITAT 2008/2009]. 4. See UN-HABITAT, State of the World's Cities 2010/2011: Bridging the UrbanDivide, at xii, 32 (2010) [here inafter UN-HABITAT 2010 /2011]. 5. See id. at 7. 6. See UN-HABITAT 2006/2007 , supra note 2, at 21; see also UN-HABITAT 2010/11, supra note 4, at 33 (defining "slum household" as "one or a group of individuals living under the same roof in an urban area, lacking one or more" of the five conditions specified). In Tanzania, these areas are referred to as "informal settlements," rather than slums. This nomenclature preserves the distinction between traditional slums-"housing areas that were once respectable ... but which have since deteriorated"-and informal settlements, where "[t]he quality of dwellings... varies from the simplest shack to permanent structures, while access to water, electricity, sanitation and other basic services and infrastructure is usually limited." UN-HABITAT, The Challenge of Slums: Global Report on Human Settlements 2003, at 9 (2003) [hereinafter Challenge of Slums]. More simply, "slums of despair" encompass traditional slums, i.e., declining neighborhoods, but "slums of hope" encompass "'progressing' settlements, which are characterized by new, normally self-built structures, usually illegal (e.g., squatters) that are in, or have recently been through, a process of development, consolidation and improvement." Id. UN-HABITAT notes that, "in the absence of appropriate interventions, slums of hope may all too easily yield to despair, a selfreinforcing condition that may be maintained for a very long time." Id. This Report uses the term "informal settlements" to refer to areas of urban sprawl in Tanzania where residents may be lacking one or more of the five conditions specified in the UNHABITAT definition of a slum. 7. See, e.g., AMNESTY INT'L, INSECURrIY AND INDIGNITY: WOMEN'S EXPERIENCES IN THE SLUMS OF NAIROBI, KENYA (2010 ); COHRE, supra note 2; UN-HABITAT 2010/2011, supranote 4, at 43; UN-HABITAT 2008/2009, supranote 3, at 104. 8. See UN-HABITAT 2008/2009, supra note 3, at 17. Saharan Africa, at 199.5 million people or 61.7% of the urban population.9 While there has been some good news in efforts to improve the lives of these slum dwellers,10 cities in the region continue to grow by ten million people each year." Approximately seven million of these people arrive or are born in informal settlements or slums, and five million of them stay there permanently. 2 For women, urban life here frequently means increased exposure to gender-based violence,13 health risks,' 4 and chronic poverty.'5 Tanzania's16 urban population is growing at a rate of more than 4.5% per year,' 7 giving rise to even greater concern. While only 33% of the country's population currently resides in urban areas, UN-HABITAT estimates that approximately 66.4%, or 6,157,000, of those urban dwellers lived in informal settlements as of 2005.18 Recent estimates put Tanzania's informal settlement population at 80% of all urban dwellers,19 and the actual number of informal settlement residents in Tanzania is expected to double between 2007 and 2020.20 More needs to be done to ensure these urban residents, especially Tanzanian women, can fully realize their right to adequate housing. 2011] Despite Tanzania's commitments under international law, women continue to face uniquely gendered obstacles in their struggle to obtain adequate housing and in their everyday experience of life in informal settlements. Tanzania has signed and ratified the International Covenant on Civil and Political Rights ("ICCPR"),21 the International Covenant on Economic, Social and Cultural Rights ("ICESCR"), 2 2 the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW"), 2 3 the African Charter on Human and Peoples' Rights, 24 and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, the last of which specifically guarantees women's right to "equal access to housing and to acceptable living conditions in a healthy environment."2 5 Not only do Tanzanian women have the right to be free from discrimination, but Tanzania also has an obligation to ensure that women do not unduly suffer the perils of unchecked urbanization. 26 This Report represents the culmination of a year-long project undertaken by the Leitner Center for International Law and Justice at Fordham University School of Law to study women's access to adequate housing in urban Tanzania and their experiences of informal settlements in light of Tanzania's international commitments. Despite national and local government efforts, both independently and via international partnerships with such entities as the World Bank and UNHABITAT, Tanzanian women continue to fight for access to adequate housing in the face of discriminatory inheritance laws, an entrenched patriarchal culture, and pervasive domestic violence, among multiple other discriminatory practices. This battle is taking place in Tanzania's rapidly growing cities, where women disproportionately suffer the unhealthy and often dangerous consequences of informal settlements. The Fordham delegation was led by 2009-10 Crowley Fellow in International Human Rights Katherine Hughes and Leitner Center Executive Director Elisabeth Wickeri, and included Professors James Kainen and Rachel Vorspan and seven secondyear law students, Jacqueline Bevilaqua, Mari Byrne, Cristine Delaney, Maria-Elena Kolovos, Matthew Putorti, Amy Rossnagel, and Marni von Wilpert, with assistance and support from secondyear law student Jesse Melman. Prior to conducting field work in Tanzania, the delegation participated in an intense program of study throughout the academic year, including a seminar led by Ms. Hughes and Ms. Wickeri focusing on human rights in Tanzania and the intersection of housing rights and women's rights. While in Tanzania, the delegation interviewed more than 500 residents of informal settlements, the majority of whom were women, in Arusha, Dar es Salaam, Dodoma, Moshi, and Morogoro. Repeated throughout the interviews were stories of and concerns about women's inability to secure adequate housing, to access basic services, and to feel safe in Tanzania's informal settlements. The delegation also interviewed community organizers, town planners, social workers, representatives of local and national government, representatives of non-governmental organizations ("NGOs") and micro-credit agencies, lawyers, academics, and many others. The delegation conducted approximately 675 interviews in all.27 This Report presents the findings of this research effort. Part I sets out the history of Tanzania's informal settlements, 27. The delegation conducted interviews in Arusha, Dar es Salaam, Dodoma, Morogoro, and Moshi. See Annex II. Because of the sensitive nature of these interviews, many women requested anonymity, and the full names of many of the interviewees who contributed to this Report have been withheld. including an overview of the evolution that led to the current housing crisis. Part I then reviews Tanzania's obligations under international and domestic law regarding the right to adequate housing and intersecting issues. Part II documents women's struggle to obtain adequate housing in urban Tanzania. This Part first identifies the multiple barriers women face in securing and retaining housing in Tanzanian cities, including discriminatory laws and practices, deeply entrenched patriarchal attitudes, and HIV/AIDS stigma and discrimination. Part II then explores how the experience of living without adequate housing disparately impacts women's lives. Specifically, because women spend a disproportionate amount of time in informal settlements, they experience more acutely the lack of basic services that is characteristic of these poor urban areas. Moreover, female residents of informal settlements face increased exposure to gender-based violence and health risks, among other hazards. Finally, Part III examines the way forward. It begins by providing a brief overview of several Tanzanian initiatives aimed at improving informal settlements. It then offers recommendations aimed at the full realization of women's right to adequate housing. Acknowledgements The Leitner Center benefited from the contributions and assistance of many individuals and organizations in Tanzania and the United States. First, we would like to thank Tabitha Siwale of Women's Advancement Trust ("WAT")-Human Settlements Trust; Timothy Ndezi of the Centre for Community Initiatives; Martha Lyimo of the Arusha Women Legal Aid and Human Rights Center ("AWLAHURIC"); Flora Masoy of the Morogoro Paralegal Centre; Grace Murungi of Envirocare Moshi; Phillemon Mutashubirwa of UN-HABITAT; AnnMarie Mavenjina Nkelame of the Tanzania Women Lawyers Association ("TAWLA"); Juvenal Rwegasira of the Women's Legal Aid Centre; Stephen Wanjala of WAT-Human Settlements Trust; Anna Holmstrom of the UN Population Fund ("UNFPA"); and the staff and residents of House of Peace, with whom we worked closely both in developing the project and during our stay in Tanzania. They facilitated our access to many of the NGOs and individuals we met, welcomed us into their communities, and shared their knowledge, wisdom, and stories of advocacy and determination with us. We are deeply indebted to them. Several other individuals graciously facilitated our work in Tanzania. In particular, we are grateful to Rose Daudi28 and Kellen Mngoya of Habitat Forum Tanzania ("HAFOTA"); Boaz Ackim of Habitat for Humanity; Jennifer Chiwute of Dodoma Inter-African Committee ("DIAC"); William Raj Gali of Mkombozi; Aida Kidolezi of Nala Mkazi Savings Group; Elly Kirenga of Arusha Municipality; Grace Kisiraga of Tanzania Women Land Access Trust ("TAWLAT"); Samuel "Meck" Marick of Envirocare; Mary Massay of the Commission on Human Rights and Good Governance ("CHRAGG"); Sally Mlidi of Sahiba Sisters; Mark Msaki of the Institute of Rural Development Planning; Crispin Mugarula of Tanzania Millennium Hands Foundation; Sara Mwaga of the Anti Female Genital Mutilation Network ("AfNet"); Tumsifu Jonas Nnkya, Director of Housing in the Ministry of Lands, Housing and Human Settlements Development; Judith Odunga of Women in Law and Development in Africa ("WiLDAF"); Anna Tibaijuka, former UN Under-Secretary-General and Executive Director of UNHABITAT; and Fatma Toufiq of Women Wake Up ("WOWAP"), as well as Catherine Matasha, Neema Munuo, Freeman Lema, and Ally Peah. For assistance during our seminar on human rights in Tanzania, we are grateful to Avril Benoit, Kathleen Brodsky, Miloon Kothari, Joe Lugalla, Jack Titsworth, and Douglass Seidman, as well as Michael Twum of Fordham Law School. We would also like to thank the numerous other government representatives, lawyers, scholars, and NGO representatives who took the time to meet with us, and especially those who worked with us to create and implement successfully a women's rights peer-education train ing program during our November 2010 follow-up trip to Tanzania. Finally, and most importantly, we thank the hundreds of women and men who met with us to share the details of their lives in Tanzania's informal settlements. We learned from them 28. The authors acknowledge with great regret the pass ing of Ms. Daudi in September 2010 . She provided much support and cheer as we developed our project, and she will be deeply missed. that cities are constantly evolving and improving and, above all else, that their settlements are places of tremendous hope, ingenuity, and inspiration.2 9 "When it started, it wasn't too crowded, but it has been increasing steadily, and there are bigproblems: lack of water, electricity, In 2008, UN-HABITAT famously declared that the global population had reached a tipping point-for the first time, the world's urban population outnumbered its rural population. 32 By 2050, the urban population is expected to reach 70% of the global population.3 3 In simpler terms, "slightly more than two people" arrive in cities every second.3 4 Such growth presents an incredible opportunity for poverty reduction and international development, as economists recognize that a country's level of urbanization is "an apt indicator of its wealth."3 5 However, without effective policymaking and management, this transformation is likely to result in extreme or worsening poverty and inadequate living conditions for an enormous number of people.36 Urbanization is occurring fastest in the developing world.37 Over the last two decades, the developing world population has grown by an average of three million people per week.38 The cities of the developing world are expected to double in size by 2030, and 75% of that growth is expected to take place in smaller cities with populations of one to five million or in cities with under 500,000 people.39 Of course, urbanization and urban growth rates vary widely by region, by country, and even within countries; however, it is now clear that the developing world's cities must be expected to absorb 95% of the world's urban population growth over the next forty years.4 According to the UN, there has been "little or no planning to accommodate these people or provide them with services."41 The problem is especially acute in Africa, where "almost all of the current urban spatial growth is the result of slum and informal settlements proliferation" 4 2 and urbanization rates are the highest in the world.43 On the whole, only 38% of the continent's population is currently considered urbanized; however, analysts predict these high growth rates to continue for several decades." Africa's slum growth rates from 1990 to 2000 are illustrative of the human rights crisis that is brewing: during that period, slums grew at a rate of 4.53%, while urbanization occurred at 4.58%.45 Thus, nearly every person born into or migrating to a city in Africa during the 1990s lived in a slum. Grappling with problems such as lack of political will, lack of transparent governance, ineffective decentralization programs, 36. See id. at 7. 37. See UN-HABITAT 2008/2009, supra note 3, at 15 (indicating that nearly all population growth over the next forty years will occur in urban areas of the developing world, with the total urban population in those areas reaching 5.3 billion in the year 2050). Urban growth in the developing world, in absolute numbers, is ten times greater than the rate for cities in the global North. Id. at 11. 38. See id. at 15. 39. See Challengeof Slums, supra note 6, at 3. 40. See UN-HABITAT 2008/2009, supra note 3, at 15. 41. Challenge of Slums, supra note 6, at 3. 42. UN-HABITAT, The State of Affican Cities 2008: A Frameworkfor Addressing Urban Challengesin Africa, at ix [hereinafter State ofAffican Cities]. 43. See UN-HABITAT 2008/2009, supra note 3, at 17. 44. See id. 45. See id. at 19. 2011] and insufficient infrastructure, 46 as well as continued global economic marginalization, 47 Africa will likely continue to struggle with these massive population changes and to ensure that basic human needs are met among growing urban populations. The numbers for sub-Saharan Africa and East Africa tell a similar story. By 2050, sub-Saharan Africa's urban population is expected to reach 60.1%, more than doubling its 1990 urban population percentage.48 In East Africa, the urban population will climb from 77 million in 2010 to 337.5 million in 2050.49 While East Africa is still predominantly rural and will remain so for some time,50 the region is expected to experience total and urban growth rates higher than the African average for the foreseeable future.51 Unfortunately, East Africa's rapid urbanization is due to a "widespread poverty-driven economic survival strategy," rather than severely needed economic expansion.52 However, "with urban populations growing faster than the urban economies, the wisdom of seeking economic survival in the largest cities has become doubtful."53 Stress on urban housing supplies can only be expected to deepen further amid "systemic institutional failures that perpetuate social exclusion and inequalities between the urban poor and rich."5 4 At first glance, Tanzania's statistics seem slightly more heartening. The nation's urban growth rate has been declining since its peak of 10.22% in the early 1970s, and its economy has been expanding rapidly.55 However, urban growth rates in Tanzania, which are pegged at a rate of 3% to 5% over the next forty years, continue to outpace the global average.5 6 Dar es Salaam, Tanzania's commercial capital and primate city,5 7 is one of the world's ten fastest-growing large cities.5 8 Already failing to deliver housing and basic services to its urban poor,59 the Tanzanian government will likely be unable to catch up in the coming decades. Recent presidential and parliamentary elections provide a fresh opportunity for government to address these growing problems directly and immediately.60 Women's Role in Urbanization Urban populations increase primarily for three reasons: (1) the expansion and redrawing of city boundaries; (2) natural growth; and (3) rural-to-urban migration. 6 1 The UN estimates that natural growth now accounts for approximately 60% of urban growth.6 2 Despite these trends, rural-to-urban migration is still a major contributor to urbanization, and women are, in effect, becoming the newest migrants. In fact, "about half of international and national migrants globally are women."6 3 Where once it was their husbands who moved to cities for economic opportunities, women are increasingly moving to cities on their own as principal wage earners.64 Certainly, economics 2011] play a major role in women's decisions to move to urban areas;65 however, women are also confronted with a plethora of genderbased discriminatory practices and attitudes that contribute to their decision to migrate. 66 Ultimately, whether they are born into urban areas or migrate there for various reasons (and then eventually contribute to natural growth), women face exceptional challenges in urban settlements.67 On one side of this equation, women migrate from rural areas to escape gender-specific human rights abuses, including domestic violence, harmful cultural practices, HIV/AIDS discrimination, and discriminatory inheritance laws, as demonstrated in the delegation's findings in Part II.A. On the other side, women living in urban slums or settlements find it difficult to afford adequate housing or access basic public services and are subject to multiple forms of gender-based violence, among other human rights violations, as documented in Part II.B. Ultimately, "governments have a duty to address fundamental violations of human rights-in this case, of women's human rights-which, at times underlie migration in the first place and which similarly prohibit women from realizing the full range of their human rights within the urban context."" 3. The Historical Context of Tanzania's Urban Landscape a. The Colonial Era A brief examination of Tanzanian history illustrates that Tanzania's current urban growth, and attendant housing crisis, is closely linked to the nation's colonial past. Originally a German colony, Tanganyika (essentially today's mainland Tanzania) became a League of Nations mandate and later a trusteeship under British control after World War I until the nation's successful bid for independence in 1961.69 Administrative and economic policies implemented pre-independence triggered the beginnings of migration from the countryside to new economic 65. See AMNESTY INT'L, supranote 7, at 8. 66. See COHRE, supra note 2, at 29-42. 67. See id.at 11-12. 68. Id.at 15. 69. See Timeline: Tanzania, BBC NEWS, http://news.bbc.co.uk/2/hi/africa/ countryprofiles/1072386.stm (last updated Jan. 13, 2011) . and administrative centers, laying the foundation for an urban housing shortage. Both German and British economic policy, which used the Tanzanian colony as a source for the production of raw materials, encouraged the agricultural production of cash crops as well as the establishment of large plantations worked by local wage laborers. 70 Indigenous "support" for this economic model was created by the imposition of taxes, for the first time in 1897, which Africans sought to pay either through producing cash crops or by migrating to plantations to work for wages.71 This migration to European-owned plantations not only disrupted the traditional agricultural model, but also necessitated the creation of export centers, serviced by transportation networks.72 However, despite African migration to towns, urban growth remained limited due to British restrictions on the movement of the indigenous populace to urban centers, such as the Colonial Labor Utilization Ordinance of 1923.73 The slow speed of rural-to-urban migration notwithstanding, urban planning was instituted on the principle of segregating the European, Asian, and African populations from each other.74 The African zone consisted of high-density, unplanned settlements often lacking piped water, electricity, sewage, hospitals, or schools, and was usually outside the city center.75 As this zone grew in population, poorer Africans settled farther and farther outside the city.76 Although no longer explicitly segregating by race, the colonial era policy of designating residential areas by density, and as such providing resources and services in that fashion, has carried through to the present.77 70. SeeJOE LUGALLA, CRISIS, URBANIZATION, AND URBAN POVERTY IN TANZANIA: A STUDY OF URBAN POVERTY AND SURVIVAL POLITICS 1 (1995). 71. See id. at 2. 72. See id. at 10-22. 73. See id. at 8, 11. 74. See MILTON MAKONGORO MAHANGA, URBAN HOUSING AND POVERTY ALLEVIATION IN TANZANIA 91 (Bernhard J. Sanyagi ed., 2002); see also LUGALLA, supra note 70, at 15. The European zone, or Uzunguni, consisted of modem suburbs, with housing built on low-density plots and serviced with electricity and sewage and water systems (not to mention golf courses). See LUGALIA, supra note 70, at 14. The Asian zone, or Uhindini, consisted of medium-density housing and often was the center of commerce. See id. 75. See LUGALLA, supranote 70, at 14-15. 76. See id. at 15. 77. See id. at 38-39. 2011] b. A Post-Independence Urban Revolution Almost immediately following independence, the government abolished all laws that restricted African migration to cities.78 The change, coupled with investment in industry and government, resulted in a sharp influx of Tanzanians from rural to urban areas, mainly Dar es Salaam.79 The lack of restrictions on movement meant that families could now join working adults-mainly men-in cities.80 Over the next several years, rural stagnation and advances in education encouraged rural to urban migratory patterns.8' This migration, along with increased natural growth rates due to longer life expectancy and decreased infant mortality, accounted for rapid growth.82 In fact, Dar es Salaam's growth rate hit a staggering 11% in the years just after independence.83 To meet urban needs, the government "gave top priority to the development and provision of housing."84 Keeping with the colonial policy of state ownership of land in trust, the government first nationalized all land, with title vested in the president85 and required previous owners to pay rent.8 6 In recognition of the growing housing shortage,87 the government established the National Housing Corporation ("NHC") 88 with the goal of "providing and facilitating the provision of houses and other buildings" through construction projects or the issuance of loans.89 The government also instituted additional building and loan projects in subsequent decades; however, most were unsuccessful due to a failure to meet need90 and continuing classification of neighborhoods by density, resulting in ongoing neglect of high-density areas.9 1 In its second decade of independence, Tanzania entered a period of "aided self-help" with respect to the urban housing crisis,9 2 in which the problems associated with housing inequality would only be addressed "if as many town dwellers as possible took to themselves ... to provide housing with only a minimum of necessary assistance from the state." 93 Throughout this period, the government attempted to increase housing stock through largely unsuccessful nationalization and lending policies, including the Acquisition of Buildings Act 94 and the now-defunct Tanzanian Housing Bank.95 The government also tried to stem the growing primacy of Dar es Salaam; however, these efforts 90. Much of the housing in this period was built to replace structures removed during a government-sponsored slum clearance program. Therefore, while the National Housing Corporation built 8272 units between 1962 and 1970, this fell short of the planned 25,800 and, when accounting for the number of houses demolished, only amounted to approximately 400 new houses per year. Id. Recognizing its scant benefits, the government officially abandoned the slum clearance project by the early 1970s. See LUGALLA, supranote 70, at 54. 91. This system had the effect of differentiating residential areas on the basis of class, in place of colonial differentiation by race. See LUGALLA, supra note 70, at 69-70 (discussing the provision of public services based on a classification scale ranging from low-density (wealthiest planned settlements), to medium- and high-density (poorer planned settlements), to spontaneous, or overcrowded (poorest and unplanned settlements)); see also Fred S. Lerise, Urban Governance and Urban Planningin Tanzania, in URBANISING TANZANIA: ISSUES, INITIATIVES AND PRIORITIES 88, 99-101 (Suleiman Ngware & J.M. Lusagga Kironde eds., 2000) (discussing the highly centralized and bureaucratic nature of urban planning in Tanzania). 92. J.M. Lusugga Kironde, Rapid Urbanizationin Tanzania: The Government's Coping Strategies, in URBANIZING TANZANIA: ISSUES, INITIATIVES, AND PRIORITIES, supra note 91, at 22, 23-25. 93. LUGALLA, supranote 70, at 52 (citation omitted). 94. Acquisition of Buildings Act, No. 13 (1971) (Tanz.). The Acquisition and Buildings Act nationalized all rented buildings worth at least TSh. 100,000. See id.; LUCALLA, supranote 70, at 52. 95. The Tanzanian Housing Bank ("THB") was established in 1972 to support housing development through the provision of loans. See MAHANGA, supra note 74, at 94. However, its significant lending requirements, complicated lending procedures, and a corrupt bureaucracy spelled its demise in 1995, leaving Tanzania without a housing finance system. See LUGALLA, supra note 70, at 53, 58-59; MUTERO, supra note 18, at 9, 15. 2011] failed96 and may actually have harmed the urban poor by diverting scarce financial state resources.9 7 Finally, the government's largely unsuccessful attempt to move the capital from Dar es Salaam to Dodoma, together with the inception of the Dodoma Master Plan, further exemplifies the government's inability to diffuse urbanization.9 8 During the late 1970s, Tanzania, like many African countries, sought aid and advice from the World Bank and International Monetary Fund.9 9 The government's previous policies had benefited mostly the middle and upper classes, while its housing construction plans had been unable to meet the demands of rapid urbanization, particularly with regard to the urban poor.100 By the mid-seventies, 44% of the population of Dar es Salaam was squatters.10 1 Therefore, as part of a structural adjustment program recommended in 1982, Tanzania was urged to reform its land policy, particularly with an eye toward 96. For example, Operation Kila Mtu Afanye kazi ("Every able bodied person has to work") of 1976 required unemployed residents of Dar es Salaam to return to their rural villages. See Kironde, supranote 92, at 26; Sawers, supra note 80, at 849 (explaining how this policy may actually have drained the nation of valuable resources). More famously, the government's socialist collective program, Ujamaavijijini,resettled rural populations in village collectives during the 1970s. See Bonny lbhawoh & J.I. Dibua, Deconstructing Ujamaa: The Legacy ofJulius Nyerere in the Quest for Social and Economic Development in Africa, 8 AFR. J. POL. SCI. 59, 67-68 (2003) (S. Afr.) (explaining how villagization may have sapped valuable government resources, as people took government aid without increasing labor). 97. See Sawers, supra note 80, at 855; see also id. at 845-47 (explaining how growth pole centers and regional price leveling created less efficient industry and encouraged migration to Dar es Salaam). 98. The Master Plan, drawn up by the same Canadian consulting firm that designed Dar es Salaam's 1968 Plan, reflects the old colonial segregated housing policies by adopting class-based districting while imposing a Western style of building and requiring a variety of documentation and permits in order to build. See LUGALLA, supra note 70, at 37. 99. SeeJoe L.P. Lugalla, Economic Reforms and Health Conditions of the UrbanPoor in Tanzania, 1 AFR. STUD. Q. 19, 20 (1997). 100. See Kironde, supra note 92, at 30-32. Since the wealthy were in the best position to take advantage of the government's various lending programs, they also had incentive to invest and build, which in turn had the effect of driving up rent for the poor. See LUGALLA, supranote 70, at 58-59, 62-63. Government attempts at regulating landlord-tenant relationships, such as the 1984 Rent Restriction Act, were largely ineffective as they contained many loopholes and were largely ignored. See id. at 71; Kironde, supra note 92, at 37. 101. See LUGALLA, supra note 70, at 43. 908 FORDHAM INTERNATIONAL LAWJOURNAL settlements, as well as the impacts of women's inability to access basic services or to ensure their own health and safety in those settlements. The issue is a complicated one, and in every city the delegation visited it was clear that hope and ingenuity are flourishing in the settlements. Repeatedly, Tanzanian women described the extraordinary daily challenges they face, including widespread discrimination, gender-based violence, and an overall inability to secure any semblance of tenure-through inheritance or otherwise-and yet, unsurprisingly, their primary concern was for their children. Without ensuring that women have equal access to healthy and safe housing, and the economic means to secure it, there is little prospect that their concerns will lessen and their lives will improve. Tabitha Siwale, executive director of WAT-Human Settlements Trust, envisions a Tanzania where "the people ... will be able to live in better houses, in [a] good environment."78 8 In order to comply with its international legal obligations and to ensure that this vision is met, Tanzania must do more with respect to ensuring women's right to adequate housing. 788. Interview with Tabitha Siwale, Exec. Dir., WAT-Human Settlements, supra note 182. 2011] ANNEX I:January 2010 Itinerary Preliminary Tip by KatherineHughes to Arusha, Dares Salaam, Moshi, and Morogoro, Tanzania Friday,January 22, 2010: Dar es Salaam Mutinta Munyati, Partners & Youth Unit, UN-HABITAT PhillemonMutashubirwa,Country Manager for Tanzania, UN-HABITAT Saturday,January 23, 2010: Dar es Salaam Rose Daudi,Coordinator, Habitat Forum Tanzania TabithaSiwale,Executive Director, Women's Advancement Trust ("WAT")-Human Settlements Trust Anna Tibaijuka,Executive Director, UN-HABITAT, Under-Secretary-General, United Nations (now retired) Stephen Wanjala,Housing Microfinance & Housing Development Technical Advisor, WAT-Human Settlements Trust Sunday, January 24, 2010: Dar es Salaam VictoriaMandari,Secretary of the Board, National Housing Corporation and Tanzania Women Lawyers Association Representative CatherineMatasha,Law Student CamilRuhinda,Law Student Amy Wood, Associate Legal Officer, UN International Criminal Tribunal for Rwanda Monday, January 25, 2010: Arusha Elly Kirenga,Principal Town Planner, Arusha Municipality MarthaLyimo, Coordinator & Paralegal, Arusha Women Legal Aid and Human Rights Center ("AWLAHURIC") Tim Ndezi, Executive Director, Centre for Community Initiatives ("CCI") Residents, Daraja Mbili Settlement 910 FORDHAM INTERNATIONAL LAWJOURNAL Tuesday, January 26, 2010: Moshi William Raj Gali, Director, Mkombozi James Kisarika,Branch Manager, National Housing Corporation Grace Murungi,Director, Envirocare Moshi Wednesday, January 27, 2010: Dar es Salaam ScolasticaJullu,Executive Director, Women's Legal Aid Centre AnnMarie MavenjinaNkelame, Executive Director, Tanzania Women Lawyer's Association Professor TumsifuJonasNnkya, Director of Housing, Ministry of Lands, Housing and Human Settlements Development Juvenal Rwegasira,Legal Officer, Women's Legal Aid Centre Representatives,US Embassy Thursday, January 28, 2010: Dar es Salaam Lilian Liundi, Tanzania Gender Networking Programme Mariaj Mwaffisi, Permanent Secretary to the Ministry of Community Development, Gender and Children Ananilea Nkya, Executive Director, Tanzania Media Women's Association ("TAMWA") Local Government Officials, Hanna Nassif Representatives,Envirocare, Dar es Salaam Friday,January 29, 2010: Morogoro & Dar es Salaam Anna Henga,Lawyer, Legal and Human Rights Centre HaroldSungusia, Lawyer, Legal and Human Rights Centre Joe L.P.Lugalla, Professor of Anthropology & Chair of the Anthropology Department, University of New Hampshire FloraMasoy, Coordinator, Morogoro Paralegal Centre Saturday, January30, 2010: Dar es Salaam Phillemon Mutashubirwa,Country Manager for Tanzania, UN-HABITAT 2011] ANNEX II: May 2010 Itinerary Crowley DelegationFact-FindingTrip to Arusha,Dares Salaam, Dodoma, Moshi, and Morogoro, Tanzania Moshi & Arusha Team Itinerary, May 17-21, 2010 Moshi: Monday, May 17, 2010 TIME 1030 1230 1600 0930 1030 Moshi: Tuesday, May 18, 2010 INTERVIEW Meeting with Envirocare GraceMurungi,Director Samuel Meck Marick, Coffee Cooperative Quality Manager Meeting with Community Members in Majengo Ward, Moshi Urban District Mrs. Mushi, Chairperson of the Ward 75 anonymous HIV-positive women from theJuhudi Women's Group, residing in Kiboriloni, Majengo, Msaranga, and Njoro wards Kaloleni Ward Meeting and Tour Violet Kessey, Social Worker and District Coordinator of Women against AIDS in Kilimanjaro ("KIWAKKUKI") 50 anonymous women Radio Interview at Moshi FM Limited DeusMworia, General Manager, Moshi FM GraceMurungi,Envirocare JohannesLindenberg,Envirocare Volunteer Interview with Members of Parliament Philemon Ndesambura,Member of Parliament from Moshi (CHADEMA) Lucy F. Owenya, Shadow Minister/Member of Parliament from Moshi (CHADEMA) 1430 1615 0900 1030 1130 Arusha: Wednesday, May 19, 2010 Primus 0. Kimaryo, Director of Coffee Quality & Promotion, Tanzania Coffee Board Meeting with Mkombozi William Raj Gali,Director Daddy Hassan,Social Worker FlorahMote, Office Attendant Amani Lucas, Community Engagement Facilitator Hery Adili, Social Worker Devoth Mushi, Nurse Nina Mollel, Social Worker and Street Outreach Program Coordinator Meeting with the National Housing Corporation ("NHC"), Moshi Tillya Wenceslaus, Land Economy Surveyor Juma Kiaramba,National Housing Corporation Employee Meeting with Arusha Municipality Officers Elly Kirenga,Principal Town Planner Aron Talika, Town Planner Meeting with Officials of Daraja Mbili Ward & Members of the Arusha Federation of the Urban Poor ("FUP") Monyalettij Lyaro, Mtaa Executive Officer Evetha T. Mboye, Ward Executive Officer Neema Kalumna, Ward Health Officer MahijaRajabu, Arusha FUP Leader Adella Mbawala, FUP HIV Group Coordinator IssaMwaimu, FUP Advocacy Committee Member Athanas Chenya, FUP Community Police Coordinator Group Meeting with approximately 50 FUP Members in Daraja Mbili Ward Group Meeting with approximately 40 FUP Members in Daraja Mbili Ward House Tour in Daraja Mbili Individual Meeting with Halima Yusufu in Alinyanya settlement Individual Meeting with Amina SuleimanKafimbi in Alinyanya settlement Meeting with Tanzania Millennium Hands Foundation ("TAMIHA") CrispinMugarula,Founder & CEO Moody Drondi,Operation Manager 30 Anonymous Members of TAMIHA Savings Group 2011] 1430 1630 0930 1045 1500 0830 1100 Arusha: Thursday, May 20, 2010 Arusha: Friday, May 21, 2010 Meeting with Arusha Women's Legal and Human Rights Centre ("AWLAHURIC") MarthaLyimo, Coordinator & Paralegal GraceSoka, Paralegal John Materu,Advocate CharlesNgereza, Paralegal & Freelance Journalist 11am 1515 1600 1800 Dar es Salaam Team Itinerary, May 17-21, 2010 Monday, May 17, 2010 Princilla Sara Zanice Individual Meetings with 35 Clients ofAWALHURIC FelistaKomba, Street Level Chairperson and Chair, CCI Small Group, Kurasini Ward, Temeke District Group Meeting with approximately 30 FUP Members in Kurasini Ward, Temeke District, including Asha M. Lestina K Margaret ScolasticaK Group Meeting with approximately 15 FUP Members in Chamazi Ward, Temeke District, including Muhina T., Foreman & Member Said S., Chair at Kurasini Ward ElizabethM., Member AsahatiH., Member Individual Meetings with FUP Members in Chamazi Ward, Kurasini District, including ElizabethM. Fatumaf. Dinner with ASPH/CDC Allan Rosenfield Global Health Fellows, Global AIDS Program, Centers for Disease Control and Prevention Imee Lynn G. Cambronero Tom Pyun 2011] Tuesday, May 18, 2010 0830 1100 1130 Meeting with Tanzania Women Lawyers Association AnnMarie Mavenjina Nkelame, Executive Director GraceMkinga, Head of Legal Aid Department ChristaShonga, Volunteer Legal Officer ZeraJosephat,Legal Intern Naomi Makota,WAT-Human Settlements Trust Community Development Officer 916 FORDHAM INTERNATIONAL IAWJOURNAL 1700 1030 Wednesday, May 19, 2010 Driving and Walking Tour of Hanna Nassif Community Kenneth Simon, Resident of Hanna Nassif &WAT Chairperson Mama Nyaki, Resident of Hanna Nassif Kenneth Simon, Resident of Hanna Nassif &WAT Chairperson ChrisMaina Peter,Professor of Law, University of Dar es Salaam School of Law Thursday, May 20, 2010 Nelly Rukia Shamimu BarjorE. Mehta, Senior Urban Specialist, Africa Urban and Water Group ("AFTUW"), World Bank Phillemon Mutashubirwa,UN-HABITAT Country Manager for Tanzania JaneMagigita,Legal Officer, Women's Legal Aid Centre ("WLAC") Individual Meetings with WLAC Clients Meeting with Faculty Members of Ardhi University 918 FORDHAM INTERNATIONAL LAWJOURNAL Wilberdj.Kombe, Professor of Urban Land Management & Director of Institute of Human Settlement Studies Agnes Mwasumbi, Land Economist Rasmus Hundsbek Pedersen,Ph.D Candidate at the Danish Institute for International Studies (specializing in Tanzanian land reform) Friday, May 21, 2010 1000 Group Meeting with Members of the Kisamaja Women Housing Cooperative Society, including Angella K Anna Y Elizabeth N. HaikaM. HainaichM. Kidala R. Liz K Moyo S. Rehema M. Roza N. Rukia S. Sophia M. Tumaini M. Zaina M. 1100 Individual Meetings with Members of the Kisamaja Women Housing Cooperative Society Angella K. Anna Y ElizabethN. KidalaR. Rehema M. SophiaM. 1105 1315pm Meeting with Clients of the Morogoro Paralegal Centre FloraMasoy, Coordinator ChristinaM. JuniorM. PreskaN. Sajiro Simon Meeting with Community Members Living in Mchuma Street, Kichangani Ward IsabelaKatungutu, Counselor & Founding Member, Morogoro Paralegal Centre Regina Solomon, Accountant, Morogoro Paralegal Centre Aisha A. Asha I. Avelina K. Chiku R. IsabelaK. JacobK Jamesf Jelly M. JohnJ. Joyce K MwanahawaM. NikolausM. PiliA. Revina G. SalamaS. SebastianM. Sharifa C. Tatu Y. Tausi R. Telesphory N Veronikaj ZahraA. ZainabuR. Morogoro: Tuesday, May 18, 2010 1100 1500 1630 1030 1230 1600 Dodoma: Wednesday May 19, 2010 Group Meeting with 17 Members of Tupawaki Widows Group (Kihonda), including Rahema, Deputy MariamM., Chairperson FaustaN., Secretary Morogoro Paralegal Centre FloraMasoy, Coordinator IsabelaKatungutu, Counselor & Founding Member, Morogoro Paralegal Centre Regina Solomon, Accountant, Morogoro Paralegal Centre Juvenal Rwegasira,Legal Officer, Women's Legal Aid Centre Capital Development Authority ("CDA") SaidHashimKamsunbile, CDA Attorney Delfina Mathias,CDA Town Planner Movidick Skilla, CDA Town Planner Presentation to Students and Faculty of the Institute of Rural Development Planning, including Mark Msaki,Assistant Lecturer ConstantineS. Lifuliro, Rector B.D. Sebyiga, Deputy Rector Mrs. ChristinaK. Mrs. FaridaM. Mrs. KaristaM. Mrs. Medard R. Mrs. Munish Mrs. Mwesa Mrs. Neema S. Mrs. Nelly M. Mrs. Nelly P. Mrs. Redenta S. Mrs. Victor M. Nuru M. Rev. Yona M. Rose K. ShabaniA. Dodoma: Thursday May 20, 2010 1115 1200 Meeting with Members of Anti-Female Genital Mutilation Network ("AfNet"), including SaraMwaga, Executive Director Stella, Financial Officer Bili, Volunteer Dani S. JanetM. JuliaK Mariamu S. Mary MerinaL. Rebeka M. Meeting with Members of Dodoma Inter-African Committee ("DIAC") and Residents of Veyula Village JenniferChiwute, Director DavidKuselya, Pastor Anna C. BeatriceM. DainessF. DorisE. ElizabethM. EsterL. Ezeleda L. Frola C. Lucy S. Magreth D. MariaA. Mariam M. Mary A. MelacianaS. Melea S. Moleni M. PaulinaM. Pendof Scolaf Secilia M. Vailet M. 1530 Meeting with Women Wake Up ("WOWAP") Dodoma Paralegal Unit Fatma Toufiq, Director & Paralegal Coordinator Angela T. Asia A. FortunataM. Hawa B. JaneM. JulianaL. Kulwa H. Lovenessj MagrethK. MagrethM. Merina N. Shuffa L Sulafa A. VictoriaM. Wende M. Yohana K Dar es Salaam Itinerary, May 24-29, 2010 Monday, May 24, 2010 1100 1200 1400 1600 1015 1200 Tuesday, May 25, 2010 Dinner with Dr. Mark Msaki and colleagues MargarethMazwile, Community Infrastructure Upgrading Program ("CIP") Coordinator, Dar es Salaam City Council Daimu S. Mkwawa, Program Specialist, Decentralization & Local Development, UN Capital Development Fund Meeting with UNAIDS Luc Barriere-ConstantinC,ountry Coordinator EmebetAdmassu, Partnership & Advocacy Advisor Emmanuel Mziray, Advsior (GIPA-Greater Involvement of People Living with AIDS) Mariaf Mwaffisi, Permanent Secretary to the Ministry of Community Development, Gender and Children University of Dar es Salaam School of Law PalamagambaJohn Kabudi, Dean Kennedy Gastorn,Associate Dean Khoti A. C. Kamanga B. T. Mapunda Sengondo Mrungi Meeting at WAT-Human Settlements Trust TabithaSiwale, Executive Director, WAT-Human Settlements Trust PaulineShayo, Manager, WAT Savings and Credit Co Operative Society Meeting with Habitat Forum Tanzania Kellen Mngoya, Secretary General 1630 1900 Rose Daudi,Coordinator SaraCameron, Chief of Communication & Partnerships, UNICEF Tanzania Meeting with Law Reform Commission of Tanzania Adamj Mambi, Deputy Executive Secretary, Law Reform Commission TabithaSiwale, Executive Director, WAT-Human Settlements Trust JudithOdunga,National Coordinator, Women in Law and Development in Africa ("WiLDAf') Anna Meela-Kulaya,Program Officer, Legal Education & Training, WiLDAf Dar es Salaam Community Bank EdmundP. Mkwawa, Managing Director HaikaMachai,Housing and Credit Officer Abel Mwaisela, Branch Manager, PRIDE Tanzania Meeting with Lawyers' Environmental Action Team ("LEAT") Emmanuel S. Massawe, Executive Director StanislausS. Nyembea, Program Officer BerthaMlonda, Principal Town Planner, Office of Settlements Regularisation, Ministry of Lands, Housing and Human Settlements Development Nikhil Narayan,Chief of Party, Tanzania, Public International Law & Policy Group ("PILPG") Wednesday, May 26, 2010 0730 TumsifuJonasNnkya, Director of Housing, Ministry of Lands, Housing and Human Settlements Development 1000 1100 1130 1400 1600 1900 Meeting with Dar es Salaam Cities Alliance Programme RachelAbisai Kaduma,Program Coordinator, Town Planner Kenneth Sinare,Non-Financial Services Manager, Tanzania Gatsby Trust United Nations Population Fund Anna Holmstrom, Program Officer, Gender ChristineMwanukuzi-Kwayu, National Program Officer FriederikeAmani Paul,Special Assistant to the Representative Individual Meetings with Residents of House of Peace Crisis Centre Kenneth Sinare,Non-Financial Services Manager, Tanzania Gatsby Trust Meeting with Dar es Salaam Water & Sewerage Corporation ("DAWASCO"), Ilala Upendo Eliuze Msovu, Area Manager Ainea Samuel Kimaro, Finance & Administration Officer Meeting with Commission for Human Rights and Good Governance ("CHRAGG") Mary Massay,Acting Executive Secretary Happy Mtei, Legal Officer JulianaLaurent, Investigation Officer Reception at Home of CDC Fellow Tom Pyun Thursday, May 27, 2010 J.M.Lusagga Kironde,Professor, Ardhi University 1000 1415 1600 1700 1000 1000 1100 Friday, May 28, 2010 Agnes Namuhisa,Acting Director of Cooperation Development, Tanzania Federation of Cooperatives Ltd. Robert Mhamba, Professor, Institute of Development Studies, University of Dar es Salaam TasiloJoseph (TJ)Mahuwi, Managing Director, Dunduliza (SACCOs Network) Meeting with the National Housing & Building Research Agency ("NHBRA") G.M. Kawiche, Chief Executive Elias M. Kwanama, Manager of Research & Development MichaelL.L. Mpuya, Community Development Officer & Senior Research Sociologist Meeting with United States Agency for International Development ("USAID") Ludovicka L.S. Tarimo, Project Development Specialist/Gender Advisor Dr.Raz Stevenson, Health Officer Stephanief. Hutchison,Political Officer, US Embassy Dinner with Mrs.JacquelineLenhardtat the US Ambassador's Residence FestaAndrew, Program Officer, Women's Dignity WAT-Human Settlements Trust/WAT SACCOS Launch of Pilot Housing Microfinance Programme Meeting with Senior Town Planners at the Ministry of Housing, Lands and Human Settlements Ben Christiaanse,Chief Executive Officer, National Microfinance Bank Group Dinner Tim Ndezi, Director, CCI Stephen Wanjala, Housing Microfinance & Housing Development Technical Advisor, WAT-Human Settlements Trust Saturday, May 29, 2010 Levina Kato, Reporter, Tanzania Daily News ANNEX III: November 2010 Itinerary Follow-UpAdvocacy and TrainingTrip to Arusha, Dares Salaam,and Moshi, Tanzania Sunday, November 7, 2010: Dar es Salaam Tim Ndezi, Executive Director, CCI Monday, November 8, 2010: Arusha Arusha Women Legal Aid and Human Rights Centre Peer Education Training Session MarthaLyimo, Coordinator & Paralegal, AWLAHURIC CatherineMatasha,Law Student Tuesday, November 8, 2010: Moshi Juhudi Women's Group (Majengo) Peer Education Training Session Samuel Meck Marick,Envirocare Coffee Cooperative Quality Manager Wednesday, November 9, 2010: Dar es Salaam House of Peace Peer Education Training Session EdnaMakala, Resident Attorney, House of Peace Thursday, November 10, 2010: Dar es Salaam Tour of TAWLAT Housing Pilot Project Site Peer Education Training Session with Leaders of Kisamaja Mikocheni, Kwembe, Kisiru, Manzeta, and Makongo Women Housing Cooperative Societies GraceKisiraga,Acting Administrator, TAWLAT Friday, November 11, 2010: Dar es Salaam ProfessorTumsifu JonasNnkya, Director of Housing, Ministry of Lands, Housing and Human Settlements Development Mary Massay, Executive Secretary, Commission for Human Rights and Good Governance (CHRAGG) Tabitha Siwale, Executive Director, WAT-Human Settlements Trust 3. The Historical Context of Tanzania's Urban Landscape .......................... b. A Post-Independence Urban Revolution ........ 803 Women and Adequate Housing........... b. A Holistic Right to Housing ....... ........ 810 c. Gender and the Right to Housing .... ..... 813 2 . Domestic Law ................. ...... ..... 816 a. The Constitution..............................817 b. Inheritance Law........... ................ 819 i. Customary Law........................819 ii. Statutory Law .................. .... 823 iii. Islamic Law........................... 824 c. Land and Mortgages............... ..... 826 d. Additional Legislation Impacting Women's Access to Adequate Housing.... ......... 829 i. The Law of Marriage Act............. 829 ii . The Sexual Offences Special Provisions Act......................... ...... 831 iii. The HIV and AIDS (Prevention and Control) Act .................. ..... 833 iv. Housing-Specific Legislation..... ...... 833 HOUSING IN URBAN TANZANIA ........ ......... 835 A. Barriers to Women's Access to Adequate Housing in Tanzania .................................... 836 1 . Legal Barriers ....................... ..... 837 a. Discriminatory Inheritance Laws..................... 837 b . Fraudulent Mortgages and Unequal Ownership ................... ......... 840 c. Shortfalls in Domestic Violence and Divorce Provisions ............................ 840 d . General Inability to Access to Justice............... 843 2 . Cultural Barriers .............................. 847 a. Entrenched Patriarchal Norms with Respect to Titling and Land ............ ......... 848 b . Pervasive Violence against Women.................. 852 c. Gender-Based Housing Discrimination........... 858 d . HIV/ AIDS-Related Discrimination.................. 859 3 . Economic Barriers ................... ..... 862 4 . Institutional Barriers .............. .......... 867 a. Government Policy, Bureaucracy, and Inaction as Roadblocks to Adequate Housing. ......................... .... 868 b . Failure to Regulate Landlord-Tenant Relationships Adequately ................ 876 c. The Special Case of Forced Evictions.............. 878 B. Inadequate Housing Conditions: Disproportionate Impacts on Women .......................... 882 1 . Heightened Health and Safety Concerns.............. 883 2. Poor Quality of Housing and Unavailability of Building Materials. .................. ...... 887 3. Severe Lack of Infrastructure and Basic Services..890 III. GOVERNMENT INITIATIVES AND RECOMMENDATIONS .................. ........ 900 A. Government Action on Informal Settlements: A Very Brief Overview. ................... ....... 900 B. Recommendations ...................... ..... 903 1. Recommendations to the Government of Tanzania: . .................................. 904 a. General ......................... ..... 904 b. Legal ................................ 905 c. Cultural ........................ ...... 905 d. Institutional .................. ......... 906 e. Conditions within Settlements ...... ....... 906 2. Recommendations to the UN and the International Community ............. ..... 907 CONCLUSION ................................. .... 907 ANNEX I : January 2010 Itinerary .................. ..... 909 ANNEX II : May 2010 Itinerary..................... ...... 911 ANNEX III : November 2010 Itinerary............ ........ 928 9 . See UN-HABITAT 2010 / 2011 , supranote 4, at 32, 42 . 10. See id. at 33 (indicating that the living conditions of "24 million slum dwellers North Africa). 11. See id. 12. See id. 13 . See , e.g., AMNESTY INT'L, supra note 7 , at 10-16 ( documenting gender-based violence in Kibera) . 14 . See , e.g., UN-HABITAT 2006 / 2007 , supranote 2, at v, vii. 15. See , e.g., UN-HABITAT 2008 / 2009 , supranote 3, at 86- 88 . 16 . This Report addresses only mainland Tanzania and excludes Zanzibar from its analysis. 17 . See World Urbanization Prospects: The 2009 Revision Population Database , U.N. index. asp?panel=1 (last visited Apr. 5 , 2011 ); see also UN-HABITAT 2010 / 2011 , supra note 4, at 16 (noting that Tanzania's urban growth rate is more than 4% per year ). 18 . See UN-HABITAT 2008 / 2009 , supra note 3, at 248; see also JAMES MUTERO, ACCESS TO HOUSING FINANCE IN AFRICA: EXPLORING THE ISSUES 5 ( 2010 ) (indicating that approximately "28 per cent of Tanzania's 43 million people live in urban areas" ). 19 . See MUTERO , supra note 18, at 2; see also Tim Ndezi, The Limit of Community Initiatives in Addressing Resettlement in Kurasini Ward , Tanzania, 21 ENV'T & URBANIZATION 77 , 77 ( 2009 ) (estimating that 70% of Tanzania's urban population lives in informal settlements) . 20 . See UN-HABITAT 2006 / 2007 , supranote 2, at 23. 21. International Covenant on Civil and Political Rights, Dec. 16 , 1966 , S. Treaty Doc . No. 95 - 20 ( 1978 ), 999 U.N.T.S. 171 [ hereinafter ICCPR ] (Tanzania acceded on June 11, 1976 ). 22. International Covenant on Economic, Social and Cultural Rights , Dec. 16 , 1966, S. Treaty Doc . No. 95 - 19 ( 1978 ), 993 U.N.T.S. 3 [ hereinafter ICESCR ] (Tanzania acceded onJune 11 , 1976 ). 23 . Convention on the Elimination of All Forms of Discrimination against Women, Dec. 18 , 1979 , 1249 U.N.T.S. 13 [ hereinafter CEDAW ] (Tanzania signed on July 17, 1980 and ratified on August 29 , 1985 ). 24. African Charter on Human and Peoples' Rights, June 27 , 1981 , 21 I.L.M. 58 [hereinafter African Charter] (Tanzania signed on May 31 , 1982 , ratified on February 18, 1984 and deposited on March 9 , 1984 ). 25 . Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, art. 16 , July 11 , 2003 , OAU Doc . CAB/LEG/66.6 [hereinafter African Protocol] (Tanzania signed on November 5 , 2003 , ratified on March 3 , 2007 , and deposited on May 7 , 2007 ). 26 . See , e.g., CESCR, General Comment No. 20 : Non-Discrimination in Economic , Social and Cultural Rights , 42nd Sess., 1 8, U.N. Doc . E/C.12/GC/20 ( July 2 , 2009 ) [hereinafter General Comment No. 20 ] (highlighting states' duties to eradicate informal settlements and rural areas") . 29 . As one government official put it, "Even where there is chaos, there is an and Human Settlements Dev ., in Dar es Salaam, Tanz. (May 26, 2010 ). 30 . Interview with Flora Masoy , Coordinator, Morogoro Paralegal Centre [MPLC], in Morogoro, Tanz. (May 17 , 2010 ). 31 . See UN-HABITAT 2006 / 2007 , supra note 2, at iii (Former UN Under-Secretary- General and Executive Director of UN-HABITAT Anna Tibaijuka declared 2007 to be Trends and a CautionRegardingExistingForecasts ,32 WORLD DEV. 23 , 25 - 27 ( 2004 ). 32 . See UN-HABITAT 2008 / 2009 , supra note 3, at 11 ( revising earlier predictions that this shift would occur in 2007); see also DAVIS, supra note 2, at 1; UN-HABITAT 2006 /2007, supranote 2, at iv. 33. See UN-HABITAT 2008 / 2009 , supra note 3, at 11. 34. See id. 35. UN-HABITAT 2010 / 2011 , supra note 4, at 5. 46. See State of Afican Cities,supranote 42 , at ix. 47. See Cohen, supra note 31 , at 46 . 48. See U.N. POPULATION Div ., supra note 17; see also UN-HABITAT 2010 / 2011 , supranote 4, at 12 (Table 1.1.1) . 49. See U.N. POPULATION DIV ., supranote 17 . 50. See UN-HABITAT 2010 / 2011 , supra note 4, at 12 ( Table 1.1.1) (indicating that East Africa's urban population is 23.7% in 2010, and is expected to grow to 47.6% by 2050 ). 51 . See State ofAfrican Cities, supranote 42 , at 103 . 52. See id. at 106; see also infraPart II.A.3 (discussing the gendered nature of urban poverty) . 53. State of African Cities, supranote 42, at 106. 54. Id. at 14 (emphasis omitted) . 55 . See U.N. POPULATION DIV ., supra note 17; see also UN-HABITAT 2008 / 2009 , supranote 3 , at 71-72. 2. 56 . See U.N. POPULATION Div ., supra note 17 ( showing global average growth rates) . 57 . Urban primacy is common in Africa, which means that urbanization occurs in states usually have multiple large cities . See UN-HABITAT 2008 / 2009 , supra note 3, at 17- 18 . 58 . See State ofAfican Cities, supra note 42, at 26 . 59. See id. at 106 , 130 (noting that 84.2% of urban Tanzanians live in slums). 60 . SeeJeffrey Gettleman, Incumbent Wins Spirited Election in Tanzania, N.Y. TIMES, Nov. 6 , 2010 , at A9. 61. See Cohen, supra note 31 , at 32 . 62. See UN-HABITAT 2008 / 2009 , supra note 3, at 24. Tanzania's fertility rate of 4.51% is slightly lower than the African average of 4 .71%. See State ofAfican Cities, supra note 42, at 103. However, the percentage of its population in the fifteen to twenty-four in the coming decades . See id. at 105 , 107 . 63. COHRE, supra note 2, at 10; see Emmanuel Offei Akrofi, Urbanisationand the Urban Poor in Afica 7 (Mar . 2006 ), http://www.fig.net/pub/accra/papers/tsl8/tsl8_ 05_akrofi . pdf (Ghana) . 64 . See COHRE , supra note 2 , at 10; see also WOODROW WILSON INT'L CTR . FOR SCHOLARS , GLOBAL URBAN POVERTY: SETTING THE AGENDA 15-16 (Allison M. Garland et al. eds., 2007 ). 78 . See id. at 27 . 79. See id. 80 . See Larry Sawers, Urban Primacy in Tanzania, 37 ECON. DEV. & CULTURAL CHANGE 841 , 844 ( 1989 ). 81 . See LUGALLA , supranote 70 , at 23- 25 . 82 . See id. at 22-23 . 83 . See Sawers, supranote 80 , at 844 . 84. MAHANGA, supra note 74, at 94. See generally Jenny Cadstedt, Private Rental Housing in Tanzania-A PrivateMatter? , 34 HABITAT INT'L 46 , 47 - 49 ( 2010 ) (providing a historical overview of the evolution of Tanzania's housing policy ). 85 . See Emma josefsson &Pia Aberg, An Evaluation of the Land Laws in Tanzania 5 ( 2005 ) (unpublished M.Sc . dissertation, Lulea University of Technology), available at http://epubl.luth.se/1404- 5508 / 2005 /057/ LTU-SHU-EX- 05057 -SE.pdf. 86 . See LuGALLA , supra note 70, at 27 . 87. The first five-year development plan of 1964-69 recognized a 58% shortage in housing supply . MAHANGA, supra note 74 , at 94. By 1969 there were already at least 14 , 720 squatter houses in urban centers . LUGALLA, supra note 70 , at 43 . 88. See National Housing Corporation Act , No. 45 ( 1962 ), Cap. 481 § 3 (Tanz .). 89 . See MAHANGA , supra note 74, at 95.


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Katherine Hughes, Elisabeth Wickeri. A Home in the City: Women's Struggle to Secure Adequate Housing in Urban Tanzania, Fordham International Law Journal, 2011,