REPORT
OF THE PARALEGAL TRAINING CONDUCTED IN
TABLE
OF CONTENTS
List of Abbreviation
.. 3
Acknowledgements
.. 4
Executive Summary
. 5
Introduction
. 6
Methodology
. 7
TRAINING
. 9
Conclusion
.. 13
Annexture
. 14
Mpango wa Kazi wa Kata sita
19
List
of participants
20
Time Table
22
LIST
OF ABBREVIATIONS
AIDS Acquire Immune Deficiency
Syndrome
HIV Human Immune Virus
CIDA Canadian
International Development Agency
CCA Canadian
Cooperative
LGA
Local Government Authority
NBBL National
Federation of Housing Cooperatives in
NGOs Non
Government Organization
NORAD Norwegian
Development Agency
WAT WAT
Human Settlements Trust
For the success of
Paralegal Training, special gratitude should go to NBBL/NORAD and Rooftops
Canada/CIDA/CCA for their financial support that enabled the training to be
conducted.
Either, Special appreciation go to Kinondoni Municipal Council officials for their support and collaboration in allowing Local Authorities leaders to participate fully in the processes from needs assessment to the actual training.
Special thanks should also
go to Resource Persons for devoting their time to train the paralegals.
Either, We
also salute the efforts done by WAT staff that enabled to accomplish one of the
organizational activities under Information, Communication, Lobbying and
Advocacy Unit.
1.0 EXECUTIVE
SUMMARY
WAT Human Settlements Trust has been
training paralegals targeting mainly women because they are the most
disadvantaged in access to basic resources and human treatment but also men are
seen as target group because changing the current attitude requires a change
for both men and women.
The activity under paralegal training
included; the Needs assessment in six wards namely Bunju,
Mbezi Luis, Kawe,
Hananasif, Mwananyamala and
Goba wards in
During the training, WAT
involved external facilitators in training workshops with paralegals and ward leaders.
The topic involved in the training included Land Laws of 1999, Law of Marriage
of 1971, Law of successions in Tanzania, Will Writings, the whole concept of
paralegals, their roles and how to practice paralegals without forgetting the
Judiciary system that operate in the country. WAT also distributed various
educational materials to each participant.
At the end of the training, paralegals came up with plan of
work to apply the paralegal knowledge they acquired.
2.0 INTRODUCTION
WAT Human Settlements Trust
formally known as Women Advancement Trust was established on
WAT overall
goal is to empower low and middle income communities particularly women to
participate fully and effectively in all aspects of Human Settlements
Development (iii) focus on gender, (iv) affordability and security of tenure,
and (v) low and middle income communities to live in improved communities.
.
WAT
has introduced paralegal program with the goal to ensure legal assistance at
community level through training and support of paralegals. The paralegal program
is currently implemented in Mbeya region particularly
in the districts of Mbeya Rural, Ileje,
Mbarali and Chunya.
In order to strengthen
paralegal work, WAT conducted the needs assessment in
The needs assessment offers
WAT reflection on the extent of available legal outreach in regards to land
housing and human settlement development. In this regard, the assessment
concluded a need to conduct paralegal practice in
This report is based on the
training that was conducted in Triz Motel in
2.1 Objective of the training:
·
The
paralegal practice will be streamlined in the human settlements related
developments i.e. housing and informal settlements groups/ cooperatives.
·
Community members will disseminate knowledge acquired
by using existing various means of interventions such as community meetings
organised by Local Government Authorities (LGAs).
·
General
increase in awareness on issues such as basic rights, rights of women to land,
inheritance and matrimonial rights.
2.2 Expected results of the training:
·
The participants will formulate
groups for effective paralegal practice
·
The paralegals will come up with
groups strategies to implement the objective set
Participants
expectations to this workshop were:
§
To
exchange ideas with other participants
§
To
learn more about Land Laws of 1999 so as to help other members of the community
§
To
educate others about land laws
§
To
know more about paralegal groups
§
To
know more about WAT and its activities
To learn on
paralegal work and disseminate information to the general public.
The methods used in the training sessions
were participatory. There were presentations and general discussions using VIP
Cards and through group discussions, questions and answers. The
general discussion approach, used during the morning session from
In the Afternoon session from
Brochures, leaflets, paper reports and
posters were distributed to each participant as other source of information.
The medium of communication used in the
workshop session was Kiswahili language as a
The Time Table was followed smoothly, as
the participants arrived at the training workshop venue from
4.0 DAY
ONE THREE: TRAINING
The training was designed in a way that that the
participants could have glimpse on the laws that are related to human settlements
development at community levels. The three day training covered the following
themes; the rights of the women to land ownership as per The Land Act, 1999 Act
No. 4 of 1999 and The Village Land Act, 1999 Act No. 5 of the 1999; Laws of
inheritance such as the rights of the widow, how to write a Will, probate and
administration of deceaseds estates under customary and other laws,
matrimonial issues such as distribution of matrimonial properties under the Law
of Marriage Act, 1971; the judiciary system that operate in the country.
Furthermore, the participants have specific time to
do buzz and groups discussions in related to the case studies provided by
facilitators. There were specific issues that were mentioned in the three days
training were as follow:
4.1 Roles and responsibilities of paralegals
Many paralegals
insisted on the role they have which they mentioned as follow:
4.2 LAND
LAWS OF 1999
The facilitator
insisted that there are two types of land laws of 1999, which are the land law
no.5, which govern village land and land law no.4 they started to be used in
The facilitator said that the
administrational structure within the land laws include:
i)
President
ii)
Minister
of Land
iii)
Commissioner
for Land
iv)
v)
District
land committees
vi)
Ward
tribunals
vii)
Village
assembly
viii)
Village
land council
ix)
Village
Adjudication committee
The facilitator insisted that women have
equal right as men because always women are left behind and they are forgotten
in the society. Therefore the priority has been given to women in order to
empower them on their rights.
The facilitator said that there are
procedures for acquiring land. These include:
i)
Submit
application form accompanied by a photograph
ii)
Application
should be accompanied by application fee
iii)
Form
should be signed by applicant or authorized representative or agent of the
applicant
iv)
Form
should be sent or delivered to commissioner or authorized officer
v)
Form
should be accompanied by declaration
The facilitator added that if applicant is
not a citizen of Tanzania he/she has no right to acquire land unless he is
investor and he want land for investment purposes, but he will not get land
until he is approved by Tanzania Investment Centre under Tanzania investment
Act, 1997
Issues raised:
-
One
participant shared her experience that women are denied their right to own land
because of the existing customs and traditions that women are not allowed to own
land or inherit properties from their fathers
-
Another
participant said that customs and traditions makes them lazy because they
expect to inherit properties from their father instead of working hard to get
their own properties and when the own die the relatives fight for his property
-
Another
paralegal insisted that when they get back to the village they will continue to
sensitize women to apply for land because even women have right to own land as
it is t men.
The facilitator shared experience with them
that in Dar as salaam the 20,000 plots project men ask their wives to apply for
land while in other places men dont want their wives to apply for land because
they are afraid women will be strong
The facilitator said that Occupancy means
the occupation of land held for a right of occupancy or a lease by two or more
shares and may be either joint or occupancy in common. There are two types of
occupancy namely joint occupancy and occupancy in common
The facilitator explained that the law
permits joint occupancy for more than one person for instance one group has
bought a plot and they want a title, the group has to decide whether they
should use joint ownership or occupiers in common. Under joint ownership the
group has to register their land first to the register through court unless for
marriage couples.
The facilitator explained to the
participants that Matrimonial home is the house married people live either their own or they rent but other houses are
properties of matrimonial home.
4.3 Procedures for mortgaging matrimonial
home
A mortgage of matrimonial home including a
customary mortgage home shall be only valid if any document or form used in
applying for such a s mortgage is signed by or there is evidence from the
document that it has been assented to by the borrower any spouse of the
borrower living in that matrimonial home, also the form must be explained in
simple language
Issues
raised:
-
One
man had a house but he said her wife has contributed nothing to that house but
the wife was doing all the work at home i.e. she was cooking, washing and doing
other work at home so is that true that she never contributed?
-
It is not true doing house work was her
contribution to that house
-
A
woman has constructed a house and invited a man to come and live together, does
that have any rights?
-
Yes the man has rights because that is a
marriage and a man has right as a husband.
4.4 THE INHERITANCE LAWS USED IN
There are three inheritance laws used in
Issues
raised:
Do
widows have right?
According to all the three
laws widows have right to inherit land or property from their husbands under
the Islamic law and law of succession. With customary laws, widows are not
included in the group of heirs.
In this regard, many of the
activists are lobbying the government to change the existing inheritance laws
and form one statutory law which will give equal rights to all women to inherit
property as well as all men.
4.5 HIV/AIDS
AND HUMAN SETTLEMENT:
The facilitator
said HIV/AIDS is a worlds problem. The facilitator said that Tanzania is one
of the countries most affected by HIV/AIDS crisis in Africa and this is due to
lack of awareness of the facts and young people are compounded by gender
imbalance and a cultural environment in which society is reluctant to discuss
sensitive issues openly especially on the spread, its effects and ways to
prevent against HAIV/AIDS.
The first case
of HIV/AIDS was reported in 1983 in Kagera region. By
the year 1986 all the regions in
To large extent
lack of adequate shelter causes spread of HIV/AIDS because most of the people live in informal
settlement where there is no basic social services e.g. hospitals, they fail to
get medicines even if they are given free of charge, security of tenure which
to led these people to more in danger of being affected by HIV/AIDS. Young girls became prostitutes so as to get
money for shelter and food. Also sick people who are living in slums are more
affected by diseases, which are related to HIV/AIDS like tuberculosis due to
poor living conditions comparing to those people who are sick, but they are
living in adequate shelter.
Apart from that
also guesthouses are a big source of spread of HIV/AIDS and most of them are
situated in our settlements because that is where most of illegal sex takes
place. So people have to be more carefully to and practice safe sex so as to
reduce spread of HIV/AIDS, to reduce number of orphan in Tanzania and also to
help improve our human settlements because if most of people are affected with
HIV/AIDS it will difficult to improve their human settlements.
4.6 Current status of HIV/AIDS in
The government
of
It is estimated
that about 25 million people adults and children are living with HIV/AIDS south
of Saharan dessert and there is estimated number of 12 million orphans.
5.0 Conclusion
The training successfully completed with issue of
certificate attendance to each participants. WAT Chief Executive made the
closing note. She insisted on utilizing the knowledge they have gained and
implement the plan (See the annexure) that they have made
themselves. The participants on the other hand insisted on the close and
regular follow up to be made by WAT so as to provide back stopping to the six
paralegal groups that have been established.
SHUGHULI
|
WALENGWA |
MAHALI |
MUDA |
VIASHIRIA |
|
Kutambulisha paralegals na
kuhamasisha |
Kamati ya Maendeleo ya KATA Mikutano ya Wananchi |
Ofisi ya Kata Mpiji Magohe Msumi Mbezi Luis Msakuzi Temboni |
|
Paralegals kufahamika kwa jamii |
|
Kutoa Ushauri |
Watu wote wenye matatizo ya kisheria |
Ofisi
za mitaa Nyumbani/paralegals Ofisi
ya kata |
Jumatano Kila siku Kila ijumaa |
Idadi ya washauriwa |
|
Kutoa mafunzo ya sheria za
mirathi na wosia |
Wananchi Wote |
Mikutano ya wananchi wote |
Machi Juni |
Kupungua kwa matatizo ya kukosa
urithi |
|
Kuelimisha jamii juu ya sera ya
makazi na ujenzi wa nyumba
bora za gharama nafuu |
Wenyeviti na wajumbe (35) Vikundi vya uzalishaji
Wananchi wote |
Ofisi
ya kata Kwenye
mitaa Mikutano |
Julai Novemba |
Ujenzi wa nyumba bora na
nafuu |
|
Tathmini |
Paralegals/WAT |
Ofisi ya Kata |
Desemba 16 |
Mafanikio ya mpango |
|
SHUGHULI |
WALENGWA |
MAHALI |
MUDA |
|
Uhamasishaji |
Viongozi wa S/Mtaa Vikundi mbali mbali vijana, wazee akina mama, asasi zisizo za kiserikali na kidini |
Katika
shule mbili za Hananasif na Mkunguni |
Feb May 2006 |
|
Kutoa Ushauri |
Wanajamii watakojitokeza |
Mahali popote/ Majumbani mwao Ofisi za mtaa |
June Sept 2006 |
|
Kutathmini Ushauri |
Paralegals - Kata |
|
October September 2006 |
MPANGO
WA KAZI: KATA YA BUNJU
|
SHUGHULI |
WALENGWA |
MAHALI |
MUDA |
|
Kuhamasisha |
Viongozi wa Mtaa katika kata
ya Bunju |
Ofisi ya Kata |
Februari hadi Mei 2006 |
|
Kuhamasisha |
Wanawake |
Kila
mtaa husika katika mikutano |
Februari hadi Mei 2006 |
|
Kuhamasisha |
Makambi
na maskani ya Vijana |
Kambi za vijana zilizopo |
Februari hadi Mei 2006 |
|
Kuhamasisha |
Wazee na watu maarufu |
Kwenye Mitaa husika |
Februari hadi Mei 2006 |
|
Kutoa Ushauri |
Jamii katika mtaa husika |
Ofisi
ya serikali za mitaa/nyumbani kwa mshauri (paralegal) |
Juni hadi Desemba 2006 |