| Minister for Constitutional and Legal Affairs, Dr Asha-Rose Migiro. |
The women shot to their feet and chanted for their
rights after some men tried to downplay their demand that the
regulations state categorically that when the candidate for the post of
chairperson was a man, a woman should vie for the position of deputy and
vice-versa.
Members of the committee appointed to fine-tune
the CA standing orders and male members who spoke out against the
proposal had a hard time explaining why gender parity should not be
taken into account.
The issue saw the Minister for Constitutional and
Legal Affairs, Dr Asha-Rose Migiro, differ with her Zanzibar
counterpart, Mr Abubakar Khamis. While Dr Migiro was of the view that
accepting the gender parity proposal was not against the law, Mr Khamis
insisted that doing so would contravene the Constitutional Review Act.
The commotion broke out after Dr Christina Mzava
tabled a schedule of amendments to include a sub-section in Section 8 of
the Standing Orders which would protect women’s interests. According to
Dr Mzava, all she wanted was to ensure gender equality in top positions
in the CA.
But Mr George Simbachawene, who responded on
behalf of the committee, said it was impossible to incorporate Dr
Mzava’s recommendations in the CA Standing Orders. Doing so, he argued,
would violate the Constitutional Review Act, which outlines the
qualifications of candidates for chairperson. If gender was to be
included as one of the factors for the chairpersonship or deputy
chairpersonship, Mr Simbachawene said, Section 23 (2) of that law would
have to be amended.
Mr Simbachawene, who had the backing of Mr Khamis
and other members of the committee, added: “Section 23 (2) of the
Constitutional Review Act states that if the CA chairperson is from
Tanzania Mainland, the deputy should come from Zanzibar and vice-versa.
Legally, you cannot put two conditions in one place. Since we have one
condition in this, if you want gender to be one of the factors, we need
to amend Section 23 (2)--and we don’t have that mandate.”
Those remarks added fuel to fire as more women
rose up in arms. Dr Ave-Maria Semakafu (representative of education
institutions), Dr Migiro and Ms Lediana Mng’ong’o joined forces to
oppose Mr Simbachawene. Dr Semakafu reminded her colleagues that
Tanzania was for both men and women. She urged them to borrow a leaf
from President Jakaya Kikwete in his appointment of the 201 CA members,
where he considered gender parity. “If you look at your table, Mr
Chairman,” she added, “you will find out that it has been dominated by
men as all the clerks are men.”
Dr Migiro said that although the law had not cited
gender among the factors to run for the CA chairmanship or
vice-chairmanship, the session was not barred from including the
condition in its Standing Orders.
Mr Ezekiah Wenje (Nyamagana-Chadema) was also
booed by the united women when he tried to shoot down their demand. Mr
Wenje said there was no need for CA Standing Orders to include Dr
Mzava’s recommendations as the Constitution Review Act gives equal
opportunity for women and men to run for the CA top positions.
“One shouldn’t be elected CA chairperson or deputy
chairperson simply because of gender,” he argued. “One should be
elected into the positions only upon meeting the conditions provided by
the law.”
His remarks sparked chaos in the CA as women rose
and started singing as they demanded their rights. The Interim
Chairperson of the CA, Mr Pandu Ameir Kificho, had a rough time trying
to contain the situation as his orders were simply drowned out by the
singing and shouting.
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