Training Manual: Modules For Field Staff To Train Farmers On Tip & Gender Issues
Training Manual: Modules For Field Staff To Train Farmers On Tip & Gender Issues
Training Manual: Modules For Field Staff To Train Farmers On Tip & Gender Issues
1 95TR
tanzania
i
TRADITIONAL IRRIGATION IMPROVEMENT PROGRAMME
TRAINING MANUAL
MODULES FOR FIELD STAFF
TO TRAIN FARMERS
ON TIP & GENDER ISSUES
Haadquartera, P.O. Box 3941, OAR ES SALAAM telflS 1-40515/6.40592. fl«ld Office*: Same, Mwanga, Lushoto, Kllosa. Iringa. Arusha.
•fax; 051-67227,1124 Chole Road, Msasanl Peninsular
Field training on Gender Issues
CONTENTS
GENERAL GUIDELINES 2
ROLE PLAYS 7
PICTURES 15
GENDER & COMMUNICATION 1 20
GENDER AWARENESS 1 29
GENDER & WATER DISTRIBUTION 35
GENDER & COMMUNICATION 2 40
GENDER & DIVISION OF WORK AND WEALTH 2 44
GENDER & LEGAL ISSUES 52
LIBRARY IRC
PO Box 93190, 2509 AD THE HAGUE
Tel.: +31 70 30 689 80
Fax: +31 70 35 899 64
BARCODE: \
Field training on Gender Issues General guidelines
GENERAL GUIDELINES
ON TRAINING:
To reach both men and women, and to address gender issues,
following a participatory approach is crucial. In adult education
the technic of a teacher standing in front of a group and
lecturing, is not suitable. Adults have their experience and
learn more if they discover something themselves, discuss it with
others, try it out etc.
POINTS TO REMEMBER:
1. The aim of the training should be made very clear, to avoid
confusion. In the invitation letter the subject and the aim
of the training should be mentioned. In the introduction of
the training the aim should be explained and written down, and
checked with a few participants. (Who can explain what the aim
of today is?)
4. For the gender awareness training: Link the role play of the
good example with equal gender relations with maendeleo: good
canals, well organized water distribution, get advise of
extensionists, terraced shamba, put manure and plant trees.
The only material that is not included in this manual are the
drawings of the gender awareness module, which are over 50
"activity" and "wealth" drawings. If you do not have them (any
more) you can contact 1 of the other teams, or the TIP
coordination office in Dar es Salaam, and ask for a new set.
HOW TO FACILITATE A GOOD MEETING:
DON'T:
SrYOHTVI LAKINIHIVI
( J
MwenyeJciti mbela Meza zinepangwa
J
- ' J JJ )
o 0
n
( J
( n
( \ f ') 0 0
DOl
1. Set the meeting room in a participatory way
ROLE PLAYS
"GENDER IN TIP SECTORS"
WHY:
To introduce the topic of gender in TIP sectors to the water
users, as the first step of awareness raising, and opening the
discussion.
WHEN:
During implementation phase 1 (awareness raising and fulfilling
conditions).
WHO:
Because of the nature of the exercise a large group can attend,
so invite the whole water users group.
WHAT:
1 INTRODUCTION 15 min
2 PLAY BY TECHNICIANS/CATALYSTS/PERFORMERS 20 min
4 DISCUSSION 60 min
Field training on Gender Issues Role plays
1 INTRODUCTION ( 1 5 MIN)
8
ROLE PLAY FOR SOIL AND WATER CONSERVATION GROUP:
Participants:
Scene 2:
Women discuss among themselves that they will not profit from
this development activity: the plots that will be terraced are
mainly for cash crop, and the women do not have much say about
the profit. They discuss the good and the bad sides of SWC for
women (use check list: terracing is heavy work; though it gives
more harvest, less erosion etc).
Scene 3:
One or more technician (s) have evaluated the meeting and
concluded that the land on the steep slopes (owned/cultivated by
women) is not on their list, nor are they hajppy with only men
talking and participating in swc. Therefore they have decided to
visit the women and mobilize them to participate in SWC. They
explain them different ways of SWC, that the work is not heavier
then ploughing, and can be done in groups etc.
Scene 4:
The situation after one year....
KUENDELEA NA UJAMAA KUENDELEA NA UJAMAA KUENDELEA NA UJAMAA
The focus of this scenario is on the different reasons people have for
getting involved, or not, in communal labour of some sort.
The information you have is as follows. Use this information to
develop a small dialogue/drama/role play in which the different points
of view are brought out and the reasons behind those points of view.
Their immediate neighbours are not as successful as them and have yet
to take any soil and water conservation measures on their shamba. They
realise that 'they should have but feel the pressure of time is too
great. The male members of the household are usually away trying to
generate extra income through casual labour while the female members
of the household have much work. They would like to help their
neighbour but are worried that it will be a day without any extra
income from cash labour, only some food instead. On the other hand
they want to take part so that if they are able to organise their own
Kiwili they will be successful as they have contributed to other
peoples Kiwili.
The neighbours the other side are a more successful family who have
already covered almost all of their shamba with Fanya Juu and some
Makinga Maji Makuu. They have done this through their own efforts
(thexe are several grown up children) and by spending some money on
casual labour. They are somewhat unwilling toTjoin in the Kiwili
because they don't feel that it will benefit them,. There is nothing
left on their shamba which needs a Kiwili.
10
ROLE PLAY FOR IRRIGATION GROUP:
An irrigation programme starts in a village. The team of project
staff comes to the village to do a PRA.
Roles:
Scene 1:
Irrigation technician 1 interviews Female Water User 1: Use the
checklist 'water' and 'communication' to make a short interview.
Scene 2:
Female WU 1 and her neighbour reflect on the interview: she did
not dear to say anything, but this is what problems we face in
irrigation: use checklist 'water' and 'communication'(and add if
necessary).
Scene 3:
Irrigation technician 2 interviews female WU 2: a relaxed
conversation, in which the women explains many problems and gives
passible solutions: use checklist on 'water' and 'communication'.
ffcene 4:
The team sits together and discussed the research findings and
the follow up that is needed.
11
MIMI NA JIRANI MIMI NA JIRANI MIMI NA JIRANI MIMI NA JIRANI
The focus of this scenario is on how a group who share the same
secondary canal organise themselves.
The information you have is as follows. Use this information to
develop a small dialogue/drama/role play in which the different points
of view are brought out and the reasons behind those points of view.
Their are only five families who share this canal and they are fairly
equal in terms of income level etc. However, two of the families have
a large number of children and three do not. The traditional taboos
concerning women and water are no longer taken seriously in public.
However, some people, both females and males, still worry that the
taboos are true.
The two causes of conflict/debate are:
The allocation each male gives to his wife. As is common in water
users groups, the husband is given the water by the furrow committee
and it is then his right to divide it amongst the family fields as he
sees fit. An increasingly common pattern is that the cash crop shambas
(mainly under the husband's ownership) are given more than their share
of water. This makes the job of feeding the family (including the
husband1) even harder than it already is. Insufficient irrigation is
not helping the female members of each household to produce sufficient
harvests.
12
ROLE PLAY FOR AFFORESTATION GROUP:
Participants:
GJ
13
SMALL-SCALE NURSERIES OFTEN CAN BE EASILY
ESTABLISHED CLOSE TO THE AREAS AND NEEDS
OF THE FARMER. THIS HAS MANV ADVANTAGES
OVER. LARGE-SCALE, CENTRALIZED KUESEEIES
INCLUDING EASE OP TEANSPOfcTlNG SEEDLINGS
FROM THE NUGSEEIES TO THE FWSMS .
Participants:
1. A female farmer
2. Her husband
3. A technician (forester or village technician/catalyst)
4. Other villagers of choice!!
SCENE 1:
A woman walks home with a heavy burden of firewood on her head.
She says it becomes increasingly difficult to find firewood close
by.
Her husband comes home from work in the village nursery, and
complain that other people have not irrigated the trees, and now
his work of weeks is lost. Also he says the trees will not be
enough for everybody.
SCENE 2:
A technician comes to visit them, and they explain what their
discussion was about.
He/she asks why don't they start their own homestead nursery?
They discus the pro's and con's (for example pro's: select
species you prefer, raise the amount of trees that suits your
situation, con's: a lot of work, you need water close by etc)
SCENE 3:
The woman is working on the nursery, irrigating the seedlings,
and thinks aloud: 'this is really a heavy job, and am I really
going to benefit? Or do I get only the branches of the timber
trees for firewood, which still will not be sufficient! * 'I would
like a plot were I can plant trees for firewood, and maybe some
fruit trees, fruits for the children and to sell.'
She goes and discusses it with the husband and the technician.
SCENE 4:
Five years later....
14
Field training oo Gender Issues Pictures
PICTURES
WHY:
"A picture says more then a thousand words"
Pictures are a good awareness raising tool, and can be used for
many messages. Here some examples are included that can be used
to raise awareness on unequal division of work between men and
women.
WHEN:
During meetings or training. For instance if women are not
present when you want to hold a meeting in a water users group,
you can use these pictures to start the discussion on why they
did not attempt. (Too much work? No role in*^development? etc)
WHO:
For any group, you can make as many copies as you like, and
discuss in small groups, or plenary.
WHAT:
1 Show picture
2 Ask what is shown on the picture and what it means
3 Draw a conclusion and formulate solutions
15
KAZI YA MWANAMKE HAIMALIZIKI
KAMWE
16
SIFA ZA MWANAMKE WA KIAFRIKA
1. Mnyama mwenye uzoefu mkubwa
2. Mkulima wa ardhi yote (ambayo hamiliki)
3. Kiwanda cha watoto asiomiliki
4. Mzoefu mkubwa wa kubeba maji badala ya bomba
18
19
Field training on Gender Issues Gender & Comunication 1
GENDER
&
COMMUNICATION 1
WHY:
To raise self confidence of women to talk in public, in meetings
and participate in decision making, through practising in
different situations.
Also the module aims at raising awareness on existing traditions
and customs that hinder women's assertiveness and participation
in formal debates and creating a more positive self image of
women.
WHEN:
During pre-agreement period, when elections are needed, or in
implementation phase 1, during awareness raising.
WHO:
About 20 women.
This module is primarily aimed at women to practise communication
in different situations, in order to gain self confidence. In
general men have less problems with speaking in public. Also if
the group is mixed the danger exist that men will dominate, women
not getting enough possibility to practise.
20
Field training on Gender Issues Gender 4 Cowunicatioa 1
WHAT:
9 am Introduction
9.45 My values
10.15 Who am I?
INTRODUCTION 30 MIN
21
Field training on Gender Issues Gender & Communication 1
2 MY V A L U E S 30 MIN
STEPS:
1. Explain that there are no right or wrong answers. We are all
different and need to respect each others differences.
2. Read the first question and ask for volunteers to answer. (If
the group is small everybody can answer).
3. Go through all (or select few) the questions the same way, it
is not necessary to write down the answers.
4. For discussion: What did you learn about yourself?
Are you used to formulating your opinion
this way? Why (not)?
5. Conclude that everybody has an opinion, that all are valuable
and interesting to listen to. The same is valid in meetings,
there is no reason to be shy to give your opinion.
f:;:;:::;x::::;x;:;X;;;x;x::vx;x;x;x:::x;:;x:::
MY;; ::dits^i^;^;-;:
X:X;::;::;l;x:X;X:x;X;X:x:x::::;x:X:;;X:;::::
*yyyy. What:;;:;ii; y}MM-9od?;;:
%mW-ria^i-'q;tial;l-:tlE : : :
ii::-:w.a:ri it': -: -: -th L^rid1;?::;:;;:;;;:^;-;^:-;-;^;^;-;:;-;^'-
*yyy- Whafexiil akeSvxyf •^yyy-:-yy.-<
*yyyy-
:*x-x::
jii:;:;:gsy::::::i if^xyOii •wmtmmmmm
mmm
: ; : : :
*::;:
:.WOtai.<i'::: :y::M;:::::::::!;C:iisi ^&mii^yymMxm
riei^ihib 3 tiir fi o O'C
* : • : • : • : • ' • : •
ytmmm W:::WO
22
Field training on Gender Issues Gender £ Conaunication 1
3 WHO AM I?
AIM:
To promote the participants self confidence in expressing
themselves, and discover the many this they are able to do.
STEPS:
1. Explain that this is a contest and that we have to split up
in 2 groups.
2. Put the flip chart on the wall, for each group 1.
3. Explain that there are many things women are able to do, that
they have many roles, and that we will list then down. The
group with the most roles wins.
23
Field training on Gender Issues Gender & Communication 1
Aim:
Practice talking in meetings, the role of chairman, secretary
talkative woman and mzee. To show what happens if you do or do
not talk in a meeting;
You can repeat the play 2 or 3 times, in order to let people get
used to their roles, and practise more!! Practising' is more
important then the message of the play
Evaluate: How did you feel in the different roles? What did you
see? (Shortly)
24
Field training on Gender Issues Gender & Communication
Evaluate: What did you see? Do you recognise it? How can
these problems be handled?
Conclude: Women together can talk (so where lays the
communication problem?)
Traditions and customs prevent women of talking
freely.
25
Field training on Gender Issues • Gender & Communication 1
STEPS:
1. Divide the participants in 2 groups (if their are many not
everybody can participate, continue with the rest with
repeating the puppet play themselves) .
26
Field training on Gender Issues Gender & Comminication
SKIT 1 :
A donor visits a village to start a project. The village
government prepared a full day programme, but women are not
invited, nor part of the programme.
Scene 1:
The women try to talk to the chairman, to get a change to talk
to the donor.
The village chairman has his own plans and does not want the
women to talk with the donor. He sends them away.
Scene 2:
The women try again, and address the DED and the donor straight
away. They get a chance to explain their proposal.
5 Participants: 2 women, 1 Chairman, 1 DED, 1 Donor
SKIT 2:
A woman wants to get an independent shamba. She wants to
cultivate a cash crop (for instance: rice), to obtain some income
for her children to go to school and for herself to start a small
project. Her husband agrees with the idea and supports her.
T
Scene 1:
The woman goes to the village government office to talk to the
chairman, secretary and a member of the village committee. She
is shy, does not explain well why she wants the plot, the village
leaders ask many questions which she can not answer, and they
accuse her of wanting to leave her husband. She leaves without
getting the plot.
Scene 2:
The women has discussed the issue thoroughly with a friend. They
have their story clear and they decide to go to the village
government together. They talk to the same people, but now they
are aware of their rights, have prepared their arguments, and
present the issue with self confidence.
The woman gets her shamba, and a registration paper.
27
Field triining on Gender Issues Gender S Comminication 1
Concluding questions:
Explain as conclusion:
Women are not free to communicate:
Evaluation:
Make a round and ask the participants to give their opinion on
today's training: What they like best? What less? How can we
improve?
After that give a piece of paper to the participants to write
down any comments (if they can not write, they leave it, or ask
help from somebody who can).
28
Field training on Gender Issues Gender k Comunication 1
GENDER
AWARENESS 1
WHY:
The aim of this module is to raise gender awareness on division
of work and wealth, and to link equal gender relation to
development.
WHEN:
During implementation phases 1.
T
WHO:
Participants are about 10 men and 10 women.
WHAT:
9 am Introduction
9.45 Exercise 1: Who does what?
11.00 Exercise 2: Who owns what?
12.00 Lunch
1 pm Role play 1: Example of unequal gender relations
3 pm Conclusion
29
Field training on Gender Issues Gender Awareness 1
1 INTRODUCTION
Aim of the training
Explain programme
Ball game (introduction of participants: all mention
their name and for instance whether they are married
and have children; or what they did yesterday; to make
all participants at ease to contribute; the ball is
thrown to the next person, who repeats the name etc.
from his/her predecessor, and then introduces
him/herself, thus around until all the participants
had a change.)
AIM:
Raise awareness about the division of labour between men and
women in that water users group.
STEPS:
30
field training on Gender Issues Gender Awareness 1
31
Field training on Gender Issues Gender Awareness 1
MAMA Mwajuma:
10 Children
Cultivates a food crop shamba independently (spinach,
sweet potatoes)
Does not about erosion, SWC, no access to irrigation
Is not registered as water user
Does not attend meetings (her husband says it is not
necessary)
Is not aware of irrigation water schedule, plans for
maintenance, construction etc.
Has a very heavy workload, on the shamba, in the
house, to fetch water, firewood
Has hardly any say in harvest, income; only small
amounts she can sell at the market to buy sugar, sold.
BABA Mwajuma:
Is 'kali1, knows how to discipline women
Decides about everything in the house (SWC,
irrigation, harvest/income)
Does not involve mama in any decision making
Goes to all village meetings, therefore knows
irrigation schedule, plans for maintenance,
construction
SITUATION:
Baba Juma is sad about something and goes to the pub to get
drunk. He becomes very drunk, and on his way back home, falls
down and has to go to the hospital in town to get treatment. He
is gone for 2 months.
In the village construction of an intake,T terraces and tree
planting is going on. Because mama Mwajuma is never involved in
any meetings, decision making or development activities, she is
not aware of the activities that are going on. Even if she hears
she is to shy to become involved, because her husband never
allowed her.
The result is that the family does not participate in self help
of the construction, so they do not get irrigation water turn.
Also the whole village has terraces, but that family not, so
everybody plants vegetables (tomatoes, cabbage) and earns a lot
of money, but this family is behind, still cultivates on steep
slopes, with little harvest.
Further all women planted trees for firewood and timber, to
decrease their workload and earn some income, but mama Mwajuma
does not know what is going on, has to much work and is to shy
to take any decision, so also here she is not benefitting.
Baba Juma comes home and finds his family in poor health, they
had to work all (children could not go to school) and behind in
modern agriculture and development activities. They are always
sad, poor and behind in development.
32
Field training on Gender Issues Gender Awareness 1
MAMA S o f i a :
- 3 children in good spacing
- Cultivates a shamba independently, her husband simulates her
to grow also modern crops.
- Has learned/heard about erosion and SWC
- Has an irrigation turn independently
- Is registered as water user
- Attends meetings and self help activities together with her
husband
- Is aware of irrigation water schedule, plans for
maintenance, construction etc.
- Shares heavy workload, on the shamba, in the house, to fetch
water, firewood with her husband
- Has an equal say in harvest, income; they decide when to
sell and where together, and share the income
BABA Sofia:
- Is modern, friendly character, likes to cooperate
- Decides about everything together with his wife (SWC,
irrigation, harvest/income)
- Does involve mama in any decision making
- Go together to all village meetings, therefore know
irrigation schedule, plans for maintenance, construction
SITUATION:
Baba Sofia has worked hard on his shamba, bad luck, is bitten by
a snake and has to go hospital in town to get treatment. He is
gone for 2 months.
In the village construction of an intake, terraces and tree
planting is going on. T
Further also mama Sofia planted trees for firewood and timber,
in her women group, to decrease their workload and earn some
income. The trees grow fast and they, expect to harvest firewood
after 1 to 2 years.
Baba Sofia comes home and finds his family in good health, the
children went to school) and the family is ahead in modern
agriculture and development activities. They plan together their
development activities for the future and live happily ever
33
field training on Gender Issues Gender Awareness 1
Concluding questions:
What have you learned today?
What are reasons for women not to talk easily in meetings, in
public?
What will they do in the future?
What suggestions do they have?
Explain as conclusion:
The gender roles as they are defined at present are negative for
women:
* Unequal division of work (heavy workload for women).
* Unequal division of wealth (men own practically all;
traditionally including the wife).
* Unequal gender relations hinder participation of women in
development activities.
Evaluation:
Make a round and ask the participants to give their opinion on
today's training: What they like best? What less? How can we
improve?
34
Field training on Gender Issues ' Gender & Hater distribution
GENDER
WATER
DISTRIBUTION
WHY:
This module presented here below concerns gender issues in water
distribution. It is meant as a tool to measure changes
(improvements) in the position of women in irrigation.
WHEN:
During implementation phase 1 or 2, as a follow up of discussions
on gender in water distribution during PRA, meetings and other
training.
WHO:
Maximum of 15 men and 15 women.
35
Field training on Gender Issues Gender & Hater distribution
WHAT:
30 min Introduction exercise: Drawings
1 DRAWINGS:
(Adapted from 'Training for transformation1 A.Hope, S.Timmel,
C.Hodzi)
AIM:
This is an introduction exercise, it is meant to build confidence
for the more shy participants. It gives men, and women a change
to mix naturally, while in the beginning sometimes they sit
separately.
STEPS:
1. Form groups of 5 - 6 people. You can also decide to let the
whole group share all introductions.
2. Instruct them to draw a symbol of what they are, or what is
important to them. (People are often hesitant to draw at first
as they feel they are not good artists, but if you make them
realize this is not an art competition. You can, for instance,
say that it helps you to understand their lives and their
village).
3. When they have finished each person introduces her/himself and
explains the drawing they have made in the small group, or
plenary.
4. You can vary the exercise by letting the participants
interview each other about the drawing they made, and them
also introduce each other.
36
Field training on Gender Issues Gender & Hater distribution
2 J U M P - I N THEATRE
AIM:
The aim of this exercise is to stimulate farmers to come up with
different scenes on what happens in their village, and how they
try to find solutions. When it is time for the farmers to 'jump-
in1 the facilitator has to stimulate people: if they whisper 'Syo
hivyo kwetu1 Nenda kuonyesha! 'mimi ningesema hivi' Ebu tuone!
etc For the people who 'freeze' it might mean that it will take
a while, before farmers take over, that does not matter, just
stay frozen, until somebody jumps in!
The scenes can be repeated as often as possible, first showing
problems, then possible solution.
37
Field training on Gender Issues Gender k Hater distribution
SCENE 4 - ...100?
The same start, with different problems/solutions!
Discussion questions:
1. What have we seen?
2. How is the situation here?
3. Does it improve?
4. Did the situation change this last year?
Example that can be discussed, depending on the PRA:
* Women are not recognized as water users
* Women miss irrigation turn
:
* Women get irrigation turns at night T
* Taboo to reach the intake sight
* Female representatives, that are put on advise of TIP, are not
known to other farmers
* Women are not involved in leadership nor irrigation committee
38
Field training on Gender Issues Gender & Hater distribution
Procedure
a. Before the exercise, the group leaders need to collect boxes of rubbish, filled
with such things as old pieces of cloth, coloured paper, pipes, tools, sticks,
stones, bottles, etc. Each box should contain about 15 or more items and
each box should be different from other boxes. You need to make one box
for every 5 or 6 participants.
b. When you begin the exercise, you explain that one of the difficulties in
development (youth groups, etc.) is putting co-operation into practice.
Rather than having an abstract discussion on co-operation, we will try to co-..•
operate.
c. Ask the participants to divide into groups of 5 or 6 people (only) and go
stand around one of the tables in the room. Then give each group a box full
of rubbish.
d. The instructions for the exercise are then given:
(1) Each group has a box of things, and the task of each group is to build
something that has meaning — it can be a symbol or something real.
(2) The group must work in silence (without words and no writing notes to
each other). They have to find other ways of communicating with each
other.
(3) They can bring 3 things from outside the box to add to their creation, if
they want to.
(4) A prize will be given to the group that builds the most creative and
clear thing. (This can be a box of biscuits or something that the winners
can share.)
(5) They have 15 minutes to complete the task.
e. After giving instructions and answering any questions, give the signal to
begin work.
f. After 15 minutes (or when it seems most groups have finished) stop the
exercise. T
g. Ask everyone to go around and look at each thing that has been built, peeing
if they can recognise what it is.
h. Then have a vote by clapping. No group can clap for its own production but
all others can clap. The group that gets the loudest clapping wins the prize.
Discussion Questions
1. What helped co-operation in your group?
2. What hindered co-operation in your group?
Were their times when you felt frustrated? Why did you feel so? What could
the group have done to help you work better in the group?
3. What have you learnt about co-operation?
4. Do these things also happen in real life? How?
5. What ways can these difficulties be overcome?
39
field training on Gender Issues Gender & Coiiunication 1
GENDER
&
COMMUNICATION 2
WHY:
This module presented here below concerns gender issues and
communication. It is meant as a tool to measure changes
(improvements) in the way women communicate and participate in
meetings and development activities
The first part of this module now measures and discusses the
changes, strengthens the decisions and formulates action points.
The second exercise is meant to strengthen the group, show the
benefits of cooperation.
WHEN:
During implementation phase 1 or 2, as a follow up of PRA, and
other training modules. There should be 2 to 6 months in between
the first training and this follow up.
WHO:
Maximum of 15 men and 15 women,
40
Field training on Gender Issues Gender & Conjumicatioii 2
WHAT:
30 min Introduction exercise: "The pie"
1 THE PIE
AIM: T
STEPS:
1. Give each person a piece of paper and a pencil.
2. Ask each person to draw a circle, which represent their day
(you can also adjust and say it represents yesterday).
3. Ask them to think on how they spent their days: did they
travel, work on the field, wash cloths, rest, visit neighbours
etc) Make an example on a flip chart of your own day (or what
you did yesterday)
4. Invite each participant to introduce him/herself to the group,
and explain their drawing.
41
Field training on Gender Issues Gender & Connunication 2
It shows that gender relations are not rigid, and that they are
constant changing. The aim is to influence these changes
positively, and formulate possible action point 'how to change'.
Questions to answer:
Conclusion:
Traditions and customs are always changing, and so are gender
relations. We can try to influence these changes positively.
42
Field training on Gender Issues Gender i Connunication 2
4 J I G S A W COW
The aim of this exercise is to show the importance of co-operation in a group.
The animator prepares a puzzle by cutting the pictures of two cows (one white and
one black cow) into small pieces like a jigsaw puzzle.
Procedure
Divide the group into two smaller groups. Give out all the pieces of the
white cow to one group. Give the other group all the pieces of the black cow
except two, which the animator quietly steals and hides.
Explain that each piece
is a piece of meat from
the cow and each group
must put their pieces
together to make one
complete cow.
The first group will
finish quickly because
they have all the pieces.
The second group will
probably struggle for a
long time, and may call
others to help. When
they realise that some
parts are missing they
will start searching for
them.
Eventually they should find them in the pocket of the animator, and then
they can fix the cow. The animator then stops the game and asks the
following questions.
Discussion Questions
1. What were you doing during the game?
2. Why did the first group finish before the second?
3. How did the second group feel?
a. When they could not complete the cow? o
b. When they found the pieces in the animator's pocket?
4. Do you ever see anything like this happening in real life? Give examples.
5. How do others feel if one person fails to make any contribution in a meeting
or in a work project?
6. What are the results of some people contributing nothing?" O
43
Field training on Gender Issues Gender and division of work & wealth 2
GENDER
&
DIVISION OF
WORK AND WEALTH
2
WHY:
This module presented here below concerns gender issues and
division of work and wealth. It is meant as a tool to measure
changes (improvements) in the way work and wealth is divided
among men and women in the society.
T
Problems are identified during PRA and training (which we hope
have improved), related to gender and communication.
The first part of this module now measures and discusses the
changes, strengthens the decisions and formulates action points.
The second exercise is meant to strengthen the group, show, the
benefits of cooperation.
WHEN:
During implementation phase 1 or 2, as a follow up of PRA and
other training modules. There should be 2 to 6 months in between
the first training and this follow up.
WHO:
Maximum of 15 men and 15 women,
44
Field training on Gender Issues Gender and division of work & wealth 2
WHAT:
30 min Introduction exercise "Chapati game"
1 CHAPATI GAME:
AIM:
The exercise is meant as introduction, and to come into the topic
'gender roles ' .
STEPS:
1. Form groups of 2 people, by counting 1, 2, 1, 2 etc. (This
will mix men and women)
2. Inform them that they will interview their colleague, and .then
present the answers, so their colleague to the whole group.
3. Write down the questions on a flip chart:
* You name
* Profession
* 1 activity done by the opposite sex that you would not like
to do (so for men: an activity done by women that you would
not like to do)
* 1 activity done by the opposite sex that you would like
to do
You can vary the questions, make up other questions etc.
4. Give the participants 10 minutes time to interview each other
(each interview 5 min) , let them write down the answers if
necessary
5. Invite the first couple to introduce each other, and continue
like that until the everybody is introduced
45
Field training on Gender Issues Gender and division of work & wealth 2
2 DIVISION OF WORK
'KISA MKASA1
46
Field training on Gender Issues Gender and division of work & wealth 2
47
Field training on Gender Issues Gender and division of work & wealth 2
2. FAMILIA YA PI LI.
Katika kijiji fulani, kulikuwa na baba mmoja aliyekuwa
akiitwa Mkarimu, na mkewe aliitwa Mdadisi. Walikuwa na
watoto wao wanne (4).
Pia walikuwa na shamba lao dogo lililokuwa la ekari moja.
Kwa pamoja,walilitayarisha shamba lao vizuri na bila ya
kutumia pembejeo za kisasa. Walipanda maharagwe na mahindi
bila ya kutumia mbolea za kisasa wala madawa ya kuulia
wadudu.
Kwa kuwa waliweza kushirikiana vizuri katika shughuli zote
za kilimo,waliweza kuvuna magunia kumi ya mahindi, na
magunia mawili ya maharagwe.
Kwa pamoja, walijadiliana kuuza sehemu ya mavuno waliyopata
na kubakisha sehemu ya mavuno kwa ajili ya matumizi ya
fami1i a (chakula).
Jumla ya fedha walizopata zilikuwa ni shilingi elfu hamsini
na moja tu (51,000/=). Kwa pamoja walikubaliana kuweka
kiasi cha fedha hizo katika benki, na kiasi kilichobakia
kwa ajili ya kununulia nguo na matumizi mengine ya familia.
Msimu uliofuata, waliamua kuchukua kiasi fulani kutoka
benki na kununulia pembejeo za kisasa za kilimo, ikiwa ni
pamoja na mbolea za kisasa na madawa. Matokeo yake ni
kwamba, mavuno yaliongezeka sana na baada ya misimu mitatu
kwa pamoja walijadiliana na kununua mabati kwa ajili ya
kuandaa kujenga nyumba ya kisasa.
48
field training on Gender Issues Gender and division of work 4 wealth 2
4 SQUARES
Procedure
1. The animator begins by explaining that we want to look at what is essential
to successful group co-operation.
2. Ask the participants to form groups of five and to sit around a table. (It is
possible to have one extra person to observe each group.)
3. The animator then reads the instructions to the whole group.
Instructions: Each of you will have an envelope which has pieces of
cardboard for forming squares. When the animator gives the
signal to begin, the task of your group is to form five squares
of equal size. The task will not be completed until each
individual has before him or her a perfect square of the same
size as those in front of the other group members.
Rules
a. No member may speak. The task must be done in silence;
b. You may not take or ask for a piece from a n / other person but you can
give pieces to others.
4. Ask if there are any questions and answer them.
5. Give each group of five a set of squares in the five envelopes.
6. Ask the groups to begin work. The animator watches the tables during the
exercise to enforce the rules.
7. When the task is completed, ask each group to discuss the following
questions.
49
Field training on Gender Issues Gender and division of work & wealth 2
Discussion Questions
a. In what way do you think each of you helped or hindered the group in
completing its task?
b. How did members feel when someone holding a key piece did not see the
solution?
c. How did members feel when someone completed a square incorrectly and
then sat back without helping the group further?
d. What feelings did they think that person had?
e. How did members feel about the person who could not see the solution as
quickly as others?
f. How are some of the things you learnt from this game true of real life and
problems you have in your own situation?
After these questions are discussed in small groups, call the whole group together
for a discussion on question number 6. Add a final question for the whole group.
Summary
Some points that may arise from the group can be summarised by the animator
in the following points:
a. Each person should understand the total problem.
b. Each person needs to understand how to contribute towards solving the
problem.
c. Each person needs to be aware of the potential contributions of other
members in a group. (
d. When working co-operatively in groups, we need to recognise the problems
of other people in order to help them to make their maxium contribution.
e. Groups that pay attention to helping each other work well are likely to be
more effective than groups which ignore each other.
Variation
If you have observers or if one group is having real difficulty in finishing the task,
the observer or a member from a different group can tap someone in the group
having difficulty and take their place. However, that person can refuse the 'aid' if
they do not want help.
Materials A room with enough tables and chairs. Sets of broken squares made up
for the number of participants in the group, newsprint, tape, felt pens.
50
Field training on Gender Issues Gender and division of work & wealth 2
To prepare a set, cut out five cardboard squares, each exactly 6" x
6". Place the squares in a row and mark them as below, pencilling the
letters lightly;so they can be erased. ;: ; '
f \ a N. (j /
f /
3" \
4- b \ 6"
T.3" \ C ' C e
f
I aV /
•3"->
m
m
The lines-should be so drawn that when cut out, all pieces marked
•a' will be of exactly the same size, all pieces marked 'c! of the same
size, and so on..!By using several combinations, two squares can be-,:.
formed, but only one combination will form all five squares, each 6" x
STAfter drawing the lines on the squares and labelling the sections with
letters, cut; each;square along the lines into smaller pieces to make the
parts of the puzzle- • . " • • ' ; :: ':;'::-'-\
•••>" ' M a r k each.of; five envelopes A, B, C, D, and E. Distribute the
cardboard: piece; in the five envelopes as follows:
Envelope A has pieces, i, h, e
Envelope B has pieces, a, a, a, c
Envelope C has pieces a, j
Envelope D has pieces d, f
Envelope E has pieces g, b, f, c
Erase the pencilled letter from each piece and write, instead, the
appropriate envelope letter, as Envelope A, Envelope B, etc. This will
make it easy to return the pieces to the proper envelope for subsequent
use another time.
51
Field training on Gender Issues Gender & legal issues
GENDER
&
LEGAL ISSUES
WHY:
The aim of this module is to raise knowledge on how legal issues
are related to gender. What the rights are of men and women
regarding the national and the customary law, and how these 2
relate.
WHEN:
During implementation phase 1 or 2. After longer time TIP
intervention in the area. Farmers should already be aware of .what
gender issues are, and the other modules should have been trained
first.
WHO:
In this training it is possible to invite a large group of
farmers (up to 60).
Another group is possible: train village technicians (up to 25).
In most cases it will be necessary to invite a resource person,
who knows the law very well (for example mrs. Betty Minde from
Moahi).
52
Field training on Gender Issues Gender & legal issues
WHAT:
Dav 1:
9 pm Introduction participants
9.30 Who is an African woman?
(See page 15 - 19, pictures)
10.00 Introduction Gender and legal issues 1
11.00 Case study Land Law in small groups 2
12.30 Lunch
2 pm Presentation of small groups
3.00 Discussion
Dav 2
9 pm Case study Law of Marriage 4
10 .00 Presentation of small groups
11 .00 Discussion
11 .30 Explanation Law of Marriage 5
12 .30 Lunch
Dav 3:
9 pm Preparation role plays
11.00 Play 1 8
11.30 Discussion
12.30 Lunch
2 pm Play 2 9
2.30 Play 3 10
3.00 Discussion
4.00 Conclusion and Evaluation
53
Bole P I air on
54
LftW AND G Q O E R .
Even the modern law that is passed by Parliament mainly styled under the
British system, the interpretation reflects the customary law and practice.
Outlook. The constitution contains the saw called Bill of Rights, according
to which all people roan and wctnen alike are regarded as equal before the law.
But the very constitution recognises Qlstotnary law which does not afford
equal opportunity to all. This is the critical issue of concern hence the
struggle for change.
55 •
MFANO KUHUSU ARDHI
56
Mali yote iliyokuwa Mwanza hajawahi kuiona na hathubutu kuuliza.
Hali yake Naziki inazidi kudidimia siku hadi siku na anafanya
uamuzi wa kumwambia Paroko wa enoe lake, Paroko anamshauri asali
sana kila siku. Paroko pia anamtembelea nyumbani kwa sala.
MASWALI:
1. Je, huu ni mafano halisi?
2. Je, matukio kama haya huathiri kazi zenu?
3. Unatatua vipi tatizo kama hili?
T
4. Toa mifano mingine.
57
CASE STUDY
58
All the 'property' which was allegedly in Mwanza she never saw it and she
cannot ask. Her condition grows worse each day and she decides to confide
to a Parish priest. The advise she gets is that she itust pray everyday.
The priest even visits the hone sanefcUnes for prayers.
Madedo's children cannot go to school because there is no money ,
after all their father was not educated but.he had wealth. This
frustrates Madedo but what can she do? Her Shamba has also
been subdivided so as to accomodate the other children who
were brought on the matanga day.
QUESTIONS:
59
COPYRIGHT: Betty Kinde q •
Mik M Pfmiri
SHERIA ZA ARDHI
vrrAM^TtTTTT Sheria hizi hazikuandikwa. Kila kabila Una sheria zak
1J) UTANGULIZI zinazosimamia umilikaji wa ardhi. m
4 3
60
(naaana kuwa masharti ya ustawishaji yanaruhusu hata watu (v) Mtazamo wa mila na desturi kuhusu umilikaji an
wenye kipato kidogo kuendeleza viwanja vyao kwa awarau. unamnyima mwanamke haki ya kumiliki mali. Mtazamo h
umechangiakatikakufanya wanawake wasiombe ardhi na p
I iii) Utaratibu mzima wa kuomba viwanja na kupewa una wanapoomba hutumia majina ya watoto wa kiume au kc
urasirau mrdfu ambao hukatisha tamaa kwa mwombaji yeyote. zao. hii ina maana kuwa wanawake hao hawawezi kuiun
rasimu huu ni pamoja na watu wengi kuhusika katika ugawaj ardhi hizo kama mdhamana bila idhini ya wamilikaji. Ku
E a viwanja na kuweko na waombaji wengi kuliko idadi ya haja ya wanawake na wanaume kuelimishwa kuwa katiba
viwanja. Kuweko na urasirau kumezaa hongo na upendeleo sheria za nchi zinawahusu watu wa jinsia zote kumiliki m
•cwa watu fulani wenye uwezo na au wenye kujulikana. kama ardhi aidha kumiliki mali kwa wanawa
*Wanawake wengi wanaleraewa na majukumu mengi kwa kutawahakikishia uhuru wa kutumia hiyo ardhi na uhuru •
Jriasi kwaraba ufuatiliaji wa karibu wa maorabi ya kiwanja maisha kwa ujumla.
•huwa ni tatizo kubwa kwao. Aidha tatizo la upadkanaji kw£
^wanawake katika miji mikubw4 kama Dar es Salaam, Tanga 1.2 UTOAjI WA HATI ZA KUMILIKI ARDHI VIJIJIN
sha, Mbeya, Moshi na Mwanza ni mkubwa, kwa sababu Kwa kiasi kikubwa ardhi vijijini inamilikiwa kwa rajsingi
ii ni miji ya biashara na watu wanaohitaji viwanja ni wengi. mila na desturi. Chini ya mfumo wa mila na desturi haku
"TCatika hali kama hii sualakubwa ni nani mwenye uwezo zaidi utaradbu wa kutoa had za kumiliki ardhi.
| i a mapambano haya huwashinda wanawake.
Hatahivyohuwezakutolewakwamaombimaalum. Inapobi
(iv) Wanawake wengi wenye kumiliki viwanja wana had za hivyo inafanyika. Maombi hutumwa kwa maandishi k\
E udamfupi zakumiliki ardhi. Hiiinawanyima wanawake hap Afisa Maendeleo ya Ardhi Wilaya, kupida kwa Halmashai
itumia had hizo kwa kuomba mikopo behki ambazo hudai ya Kijiji, Kadbu Kata, na Tarafa. Kazi ya Halmashauri
had ya kumiliki ardhi kama dhamana. ,
Kad atika hali halisi wanawake walio wengi hawamiliki ardhi Kijiji ni kujadili na kutoa mapendekezo yake kwa Kadbu. 1
ijini kutokana na sababu zifuatazo:- ombi lifikiriwe na kijiji ki weze kutoa mapendekezo mazuri,;
I
(i) Kuanzishwa kwa hiakazi mijini kihistoria kulifanywa
lazimakwanza mwombaji awe mmiliki halali anayetambulil
katika eneo la kijiji hicho. Baada ya maombi ngazi ya kijij
t wanaume ambao walihama vijijini kuiafuta ka/.i /.a kua jiri wa Kata na Tarafa, WUaya huchora ramani, na kutayarisha had j
biashara. Wanawake nawaioicrwaliachwavijijini. Mkuani kumiliki kwa jina la mwombaji.
Kilimanjaro wanaume-walio wengi wanaishi nakufanya ka/.i
ijini na wake na watoto wac kuachwa vijijini. Hii ililanya Utaradbu wa kusajili ardhi vijijini ni gharama kwa sabat
S anaume kupata nafasi kubwa ya kumiliki afdhi mijini. inabidi mwombaji kulipa gharama zote za kupima na kucho;
Aidha wanawake walio ongozana na wanaume zao mijini ramani yeye mwenyewe. Gharama hizi kwa mtu mmojammo
f alikuwa kama tegemezi na hii haikutoa mwanya kwa vijijini ni kubwa ukilinganisha na mijini ambako kwa kawaic
anawake hao kumiliki ardhi. Hali hii bado huijabadilika., eneo ni kubwa na linahusu watu wengi.
Ardhi vijijini humilikiwa na wanaume. Hata hivyo ardhi hi}
I i ) Masharti ya ustawishaji kama yalivyoelezwa hapo juu inawezakusajiiiwakwamajinayamumenamke. Hiiinasaid
"amechangia kiasi kikubwa katika kukatisha tamaa wanuwakc kupunguza matadzo ya wanawake kutokana na haki ya kumili
alio wengi kutaka kumiliki ardhi mijini. ardhi vijijini. Inapokuwa hivyo wanawake wanatakiv
t upita kiasi kwani utekelezaji wake hutegcmea kama pamoja utawahakikishia wanawake maskani ya kudun
lastawisho hayakufanyika kabisa. Kama masiawisho kinyume na hali ya sasa ya woga wa kuachika :
yameanza mfano, msingi umejengwa, ama vifaa vya ujcn/.i kufukuzwapindi mume anapofariki. Kupimwa kwa ard
Aamzamchangaaumaweyamekusanywa katika kiwanja hichu. kutaleta siyo tu matumizi mazuri zaidi ya ardhi bali pia hifad
ya mazingira na vianzio vya maji. o
1-3 MWISHO
Tamoja na matatizo yaliyotajwa hapo juu, umuhimu wa Kuna haja ya serikali kudlia mkazo suala la kupima
t iongeza uwezo wa wanawake kupata umiliki ardhi ni suala kuandikisha ardhi vijijini ili kupunguza au kuondoa makali
'ed. Kuna haja ya suala hili kupewa kipaumbele katika mila na desturi.
ajadiliano ya mara kwa mara kadka jamii ili kuharakisha na
leta fikra mpya kuhusu mtazamo uliopo kuhusu umilikaji Ni wazi kuwa kadka jidhada za kurakwamua mwanaml
J h i . Hili ni jukumu la serikali, masharika ya Umma na mwanamke mwenyewe anapaswa awe ms:tari wa mbele kati
mashirika yasiyo ya kiserikali. kuidkia mapambano haya kisheria. Bilashinikizokutoka^
wanawake wenyewe hali iliyopo itachukua muda mrefu sa
I 61 kubadilika. , ^
MIFANO SHERIA YA NDOA
Mfano wa 1
MFANO gt -
62
'Law of M a r r i a g e '
CASE S T U D I E S
CASE 1:
X and Y go through a formal Christian Marriage and
have Children.
Thereafter X cohabits with Z and has 4 children with her,
% has not divorced his 1st wife.
CASE 2:
IS. Xh>J>
.7
63
COPlf EIGHT: Shanshad Rehntulla
HAKI ZA WANAWAKE KATIKA SHERJA YA NDOA (jj) Kama ndoa ilifungwa baina ya mke na mume wenye dm
1
TANZANIA ya Kikristo katika kanisa, na kama wote wawili wanafu»;
dini yao, hiyo ndoa haiwezi kubadilishwa kuwa n d o a p ;
1. UTANGULIZI zaidi ya mke mmoja, hata kama ilitangulia kufungw;
kiserikali.
Ndoa ni mwanamke na mwanamume kuamua kwa ridhaa I
yao wenyewe kuishi pamoja maishani mwao. Ndoa inaweza kutenguliwa kwa sababu zifuatavyo: - •
(a) Kwa kifo cha mume au mke.
Sheria ya ndoa inaruhusu ndoa za aina mbili: (b) Kwa hukumu ya mahakama kueleza kwamba kifo
(a) Ile ya mke mmoja. mmoja wapo kinadhaniwa.
(b) Ile ya mke zaidi ya mmoja. (c) Kwa tamko la mahakama kwamba hiyo ndoa ni batill
(d) Kwa hukumu ya mahakama kutoa talaka. ^
Ndoa ya mke mmoja inamruhusu mwanamume kuoa mke •
raraoja tu kwa wakati mmoja. •
Ndoa ya zaidi ya mke mmoja ni ile ya mwanamume 2. SHERIA YA NDOA INAKATAZA NINI?
kuruhusiwa kuoa mke zaidi ya mmoja wakati ndoa yake ya •
kwanza ingaii ipo. (i) Mwanamume ambaye hajafikia umri wa miaka 18 ft
Ndoa ya aina hii iko katika sheria ya ndoa ya Kiislam na ile mwanamke ambaye hajafikia umri wa miaka 15 hawezi kuo
ya mila na desturi. ama kuolewa. Msichana ambaye hajafikisha umri wa m t t
Ndoa ya aina nyingine ye yote ile inatazamwa kuwa ni ndoa kumi na nane kabla ya kuolewa apate idhini ya baba m f t
ya mke mmoja tu na mwanamume haruhusiwi kuoa mke wa n a kama baba amefariki apate 'idhini ya mama mzazi. Ikw
pili. ikiwa ile ndoa ya kwanza ingali ipo. wazazi wote wawili wainefariki apate idhini ya mlezi wake
Kama ndoa ya mke mmoja imefungwa Tanzania inaweza Mahakama ikiridhika kwamba idhini ya yeyote m l
kubadilishwa na kuwa ndoa ya zaidi ya mke mmoja. Hali inakataliwa bila jsababu maalum basi inaweza kutoa idft
kadhalika ndoa ya zaidi ya mke mmoja inaweza yake.
kubadilishwa na kuwa ndoa ya mke mmoja kufuata m
masharti yafuatayo:- (ii) Mwanamke haruhusiwi kuolewa na babu yake, mlft
(i) Mke na mume wote wawili kutoa tamko la maandishi wake, mjomba wake, mpwa au kaka yake. Mwanamum
mbele ya Jaji au Hakimu mkazi au Hakimu wa wilaya haruhusiwi kuoa bibi yake, mtoto wake, shangazi au mam
kwamba wanataka kubadilisha aina ya ndoa yao. mdogo, mpwa au dada yake. I
1 2
(iii) Ikiwa pana undugu wa damu baina ya watu wawili h a t a - Ikiwa mwanamume mkristo anayetegemea kufunga n i l
kama huo undugu umetokana na uzazi wa nje ya ndoa basi amewahi kufunga ndoa ya Kikristo kanisani, na mke wale
hawaruhusiwi kuoana. bado yu haf na ndoa hiyo haijavunjwa.
(iv) Mwanamke kuolewa au mwanamume kuoa bila y a - Ikiwa mwanamume wa Kiislam ana mke mwingine ft
ridhaa yake. . kulinganisha hali yake ya kiuchumi ndoa ya pili italeta
taabu kwa mke wa kwanza na watoto waliokwisha zak
katika ndoa hiyo. Mrajisi wa ndoa hiyo anapopata
3. HATUA KABLA YA KUFUNGA NDOA ya kipingaraizi atawajibika kuisimamisha hiyo ndoa.
3 64 4 I
« e ya sheria ya ndoa na sheria yeyote lie ya nclu. uwasuluhisha mke na mume. Baraza la usuluhishi lipo kil
i™ Mwanamke ana haki ya kutoa idhini ikiwa mume Kata.
atarajia kuuza mali ya nyumbani hasa ikiwa anatarajia
f i nyumba ya familia hata kama ile nyumba imesajiliwa b) Mlalamikaji anaweza kuleta shauri mahakamani bil
jina la mume. kupata barua ya Baraza atakapb thibitisha kwamba: -
') Mwanamke ana haki ya kuendelea kuishi katika nyumba i) Amekimbiwa na mwenzie na hafahamu alipo.
< unilia iwapo mume atamkibia. ii) Mlalaxnikiwa anaishi nje ya Tanzania na uwezekano w.
kiwa mume atamkibia mke wake, mwanamke ana haki yeye kurudi Tanzania chini ya miezi sita haupo.
upewa matunzo yeye na watoto wake. iii) Mlalamikiwa alikataa kuhudhuria Baraza la usuluhisr
kLakini ikiwa mume hawezi kufanya kazi kutokana na baada ya kupata taarifa ya kuhudhuria katika Baraza.
jwa au ajali yeyote, basi mke anawajibika kumtunza iv) Mlalamikiwa yuko katika kifungo kisicho pungua miak
e wake. sita au amefungwa kifungo cha maisha.
ii) Mtu yeyote yule iwe ni mwanamume au mwanamke (v) . Mlalamikiwa ana kichaa kisichoweza kuaguliwa.
t i ya hiyo ndoa. Haitaruhusiwa, kuleta mahakamani kaji kwa muda zaidi ya miaka mitatu, na kwamb
lamishi ya kufuta ndoa kabla ya kupitia Baraza
uluhisni; na Baraza kutoa taarifa ya kuwa limeshindwj
ama imeridhika ni kwa makusudi ya mlalamikiwa.
Kutengana kwa hiari ya wote kwa muda wa miaka za mke na mume kama maisha ya pamoja walikuw
S tu.
»muda usiopungua miaka mitano.
Mlalamikiwa kuugua kichaa kisichotibika.
wanafuata hizo mila na desturi.
Mlalamikiwa kupewa adhabu ya kifungo cha maisha au Mwanamke atapoteza haki ya kulipwa matunzo ikiw.
ataolewa tena baada ya kuvunjika kwa ndoa yake y.
kwanza.
Mlalamikaji kubadili madhehebu ikiwa wote walikuwa
inafuata dini moja wakati wa kufunga ndoa. (c) Hifadhi ya watoto. ~
Mahakama i^ayo uwezo wa kutoa amri nani kati ya mke n;
I HAKI ZA MWANAMKE BAADA YA
mume apewe hifadhi ya watoto.
Hivyb ina maana kwamba mwanamke anayo haki sawa n;
NDOA KUVUNJIKA mume ya kupewa hifadhi ya watoto wake baada ya ndo.
wa mali waliochuma pamoja wakati wa Ndoa. (i) Matakwa ya wazazi wa mtoto /watoto.
inapovunjika mume na mke kuachana kwa kufuata
eria iliyopo basi mke ana haki ya kugaiwa nusu ya mali (ii) Matakwa ya mtoto ikiwa amefikia umri wa kuwez.
i Matunzo ya mtoto.
ti -ya sheria ya Ndoa jukumu la kutunza watoto /m._.
iron
i baba. Kwa hiyo mama kutokuwa na kazi au kipato ch
weza kuwatunza watoto isiwe ni sababu ya kumnyim
1a haki ya hifadhi ya watoto wake.
(f) Kuamua kuishi anapotaka.
Mwanamke ana haki ya kuamua kuishi anapotaka baada
ndoa kuvunjika.
P; Haki ya kutokubughudhiwa.
(g) Haki ya kuolewa tena.
Mwanamke ana haki ya kuolewa tena baada ya ndoa ya
mamke ana haki ya kuachiwa uhuru wake na kud. kuvunjika.
lakama itoe amri ya kutokubughudhiwa na mtalak
65
MIFANO - SHBRIA YA MIRATHI
66
RIGHT: Betty Kinde
HAKI ZA WANAWAKE KATIKA Suala la uchaguzi wa sheria huwa muhimu kunapotokea
UTANGULIZI
utata kati ya wale wanaogombea kusimamia au kugawa
mail ya marehemu. Vinginevyo uamuzi wa sheria
hufanywa na wazee wa ukoo bila majadiUano yeyote.
I ria zitumikazo kwa sasa hivi zimegawanyika katika Mtu akifariki bila kuacha wosia matatizo mengi ya kugawa
:undi matatu kama ifuatavyo:-
(a) Sheria ya Kiserikali.
mali hujitokeza kwa wale waliokuwa wanamtegemea
marehemu huyo.
(b) Sherfa ya Mila na Desturi. Tatizo la uchaguzi wa sheria huwa kubwa zaidi. Hii ni
| (c) Sheria ya Kiislamu. pamoja na ukweli kwamba, sheria yeyote itakayochaguli-
»
wa ina upungufu wa namna fulani hasa haki za mjane na
ria ipi itumike kutegemea tamko Ja marehemu kama watoto wa kike.
, au maisha ya marehemu. Kwa mfano :-
apo marehemu ameacha wosia wa maandishi au 2.1. SHERIA YA KISERIKALI
-natamshi kwamba mirathi yake itafuata sheria ya
f
iuwa na mweiekeo(,wa^rnila.*ria'desturi .basi mila
o itatumika^atikaTkugawa^mali;yake. Mtu atahesabika hakuacha wosia kabisa iwapo: -
- (a) Hakuandika wosia.
atizo litakalojitokeza!pc.atika^fuChaguzi'; wa • sheria ipi (b) Wosia ni batili mfano haukuthibitika kisheria
tati mwingine marehemu huacha wosia ambao Sheria hizi zimetamkwa katika kanuni za -urithi-Tangazo la
awanywa katika sehemu tu ya mali yake. Hali hii Serikali na 436 ya 1963.
Sojitokeza, huhesabika kwamba kwa mali ambayo Sheria ya mila? na desturi hutofautiana kufuatana na
lijagawanywa hakuna wosia. makabila. na kuna tofauti kadhaa katika mgawanyo na
mujibu wa sheria iwapo mume au mke anapofariki usimamizi wake. Sheria hii haikuandikwa hivyo haijulikani
ya kuacha wosia mali inabaki na mume au mke au na ni vigumu kuifahamu kwa urahisi. Mara nyingi
! iu wa marehemu hurithi. mgawanyo chini ya sheria . hii hauzingatii haki kwa
I he sana katika kugawa mali ya marehemu. Hii -Watoto wa kike kwa baadhi ya makabila hupata sehemu
kana na ukweli kwamba:
(a) Sheria yenyewe haifahamiki na
ndogo kushinda makundi mawili yaliyotajwa.
-Mjane hana haki ya kurithi iwapo kuna watoto.
-Mume mfiwa hawezi kurithi mali ya mke aliyekufa bila
(b) Wale ambao sheria hii imekusudiwa itumike
| hawafungwi na hii bali wanaweza kuchagua kuacha wosia, isipokuwa kama mke hakuacha watoto
sheria nyingine, mfano ile ya mila na desturi. wala ndugu.
I 67 4
I
-Watoto nje ya ndoa hawarithi kama hawakuhaialishwa wengine wanaruhusiwa kurithi kama wajukuu, babu •
wakati marehemu akiwa hai au wosia unaowapa urithi. ' bibi. •
-Iwapo marehemu hakuacha watoto au wajukuu, kaka na -Wajane wasiozidi wanne hupewa ^ 8 kama kuna watotc
dada zake watarithi. Kaka mkubwa atapata sehemu au 1/4 kama hakuna watoto. I
kubwa zaidi. Kisha kaka wengine na mwisho dada wote -Watoto wa kiume hupewa mara mbili ya watoto wa kUt
watapata sehemu ndogo kuJiko wote. -Watoto nje ya ndoa hawarithi kama hawakuhaialishwa
-Kwa mujibu wa tamko la sheria ya kimila na desturi, wakati marehemu akiwa hai au kuwepo wosia unaowMe
watoto wa kiume hurithi mali isiyoondosheka. urithi. |
Wanawake hurithi mali isiyoondosheka tu kwa matumizi -Iwapo mtu si mwislamu haruhusiwi kurithi mali ya
wakati wa maisha yao. Wanawake hawaruhusiwi kuuza •, mwislamu hata kama mtu huyo ni mke wa marehemi^
mali ya urithi. j
-Quruan inakataza kurithisha zaidi ya I/3 ya mali ya I
Kwa ujumla sheria hii imepitwa na wakati na haitilii wosia, isipokuuwa kama kuna makubaliano ya warithi
maanani haki za binadamu kama katiba ya nchi wote baada ya kifo'cha mweka wosia.
inavyosisitiza. Katiba inasisitiza usawa wa binadamu wote
na inakataza ubaguzi wa dini yeyote.
Mila na Desturi zinapingana na sheria nyingine kwa mfano wanawake kwa kuweka viwango maalum. Hata hi 1
A
Sheria ya Kiisiamu ya mirathi inajaribu kulinda haki1
sheria ya ndoa ambayo inatambua kuwa mwanamke sheria hiyo haitambui usawa katika mgao. Sheria ivy
anachangia kuzalisha mali ya familia na hivyo kumpa haki i inaleta matatizo kwa familia zenye dini tofauti.
ya kudai asilimia hamsini iwapo ndoa inavunjika. !
I
Mahakama ya Mwanzo. Kwa kibali maaJum kutoka
mahakama kuu mirathi inayosimamiwa na sheria ya Mila
na Desturi au Kiislamu inaweza kufunguliwa na mahakama
I
ya Wilaya au Mkoa.
68
I
I
8
ROLE PLAY:
AIM OF THE ROLE PLAY:
.* To practice our knowledge about legal issues.
* To practice the mentioned solutions in the
discussion:
'What can TIP do on legal issues in the.field?1
CASE: Consider a group of women cultivating together since
4 years. They have made terraces, dug irrigation
canals, planted trees etc. They thought they owned the
land, but the former owner chases them from the land
and claims it as his property again.
They are visited by a TIP field worker also giving
extension/training on legal issues.
.69
ROLE PLAY:
AIM OF THE ROLE PLAY:
* To practice our knowledge about legal issues.
* To practice the mentioned solutions in the
discussion:
'What can TIP do on legal issues in the field?'
CASE: Consider a couple who is going to divorce. The woman
has to leave the home and go somewhere else.
She has 4 children under 10, 1 boy, 3 girls. Since 3
years the husband has a girlfriend, whom he has 2
children with. Part of the husbands's land was
registered, all of it was aquired after marriage.
The former wife is visited by a TIP field worker also
giving extension/training on legal issues.
70
I 10
I
I ROLE PLAY:
i discussion:
'What can TIP do on legal issues in the field?1
71