UNIVERSITY SALZBURG

CATHOLIC FACULTY OF THEOLOGY

DOMESTIC VIOLENCE AGAINST WOMEN IN ;

THE CONTRIBUTION OF MORAL THEOLOGY

TO ENCOUNTER THE CHALLENGE

Dissertation Submitted to the Catholic Theology Faculty of Paris Lodron

University Salzburg in partial fulfillment of the Requirements for the degree of Doctor of Theology

By

Mag. Ewald Kilasara

Moderator:

Univ. Prof. Dr. Angelika Walser

Department of Moral Theology

Salzburg 2018

ACKNOWLEDGEMENTS

Acknowledgement is really not a simple task because it cannot include all the names of the people that have accompanied and supported me to this end. However it is beyond doubt that this achievement went through a long journey with the help of so many people. But first and foremost my great thanks to the Almighty God creator of heaven and earth for the gift of life, strength and his guidance throughout my studies and life in general.

I would like to thank in a special way my Bishop Rogath Kimaryo Cssp, the bishop of the Catholic Diocese of Same, for encouraging me to pursue the higher studies. I thank him for his trust in me that I can move ahead for further studies in . His support in all matters has led me to this achievement. I am grateful to my Diocesan priests, sisters, brothers and the laity whose love and care always encouraged me throughout my ministry and especially in my studies. I thank in a special way the Archdiocese of Salzburg which made my study a reality. I sincerely thank Rt. Rev. Dr. Franz Lackner, the Archbishop of Salzburg, Mag. Tobias Giglmayr the Rector of the “Priesterseminar” Salzburg, the entire community of the “Priesterseminar”, for their generosity, brotherly care and support.

I am truly blessed in being able to finish this work with my moderator Prof. Dr. Angelika Walser, who guided me through. I really appreciate the time and strength, the patience and wisdom she dedicated in accompanying me till the end. Grateful are my hearts for her motherly guidance and support. My sincere gratitude go to Prof. DDr. Gmainer Pranzl for his encouragement and challenging advice. More thanks to Dr. Andreas Weiss, who willingly and patiently read the manuscript and advised me where corrections were needed. Thanks are equally due to all Professors at the University Salzburg and all the staff.

My sincere thanks go to Fr. Prelate Martin Walchhofer who willingly and patiently encouraged me to devote a lot of time in my studies so as to finish it on time. Furthermore, a vote of thanks go to all those who have in one way or another contributed financially, ideally and materially to the success of this work. I thank in a special way my parents Elisei Basil Mtui and Elionora Thomas Morewa as well as my brothers and sisters for their loving and parental care. Last but not least, I thank all my friends and all people of good will who I encountered during my stay in Austria. I again say “Danke” und “Vergelt’s Gott”! The Almighty God bless you all.

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TABLE OF CONTENTS

ACKNOWLEDGEMENTS ...... ii TABLE ...... iii LIST OF ABBREVIATIONS ...... viii GENERAL INTRODUCTION ...... 1

CHAPTER 1

TANZANIA AND VIOLENCE

Introduction ...... 8 PART I THE GENERAL BACKGROUND AND THE HISTORICAL SITUATION OF TANZANIA ...... 10 Tanzania and her life history ...... 10 PART II THE MEANING OF VIOLENCE AND ITS CHALLENGES TO THE SOCIETY ...... 23 Conclusion ...... 34

CHAPTER 2

THE HISTORY AND DEVELOPMENT OF HUMAN RIGHTS IN TANZANIA

Introduction ...... 36

2.1 Meaning of human rights ...... 36 2.2 Pre and Post-colonial struggle for Human Rights in Tanzania ...... 39

2.3 The and the defense of human rights ...... 41 2.3.1 The Constitution of Tanzania and women rights ...... 44 2.3.2 Women position in the government of Tanzania ...... 46

2.4 Non-governmental organizations on human rights ...... 49

2.5 The neglected areas of violence against women and girls in Tanzania ...... 52 2.5.1 Female Genital Mutilation ...... 54 2.5.2 Rape of women and girls ...... 55

2.6 The reality of domestic violence in Tanzania ...... 56

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2.6.1 Right to bodily integrity ...... 57 2.6.2 The Right to Employment ...... 58 2.6.3 Mobility and assembly rights for women ...... 59 2.6.4 Reproductive rights ...... 60 2.6.5 Marriage rights ...... 61 2.6.6 The theological understanding of women rights ...... 62

Conclusion ...... 64

CHAPTER 3

GENERAL CAUSES FOR DOMESTIC VIOLENCE IN TANZANIA

Introduction ...... 66

3.1 The nature of domestic violence ...... 67

3.2 Cultural causes ...... 67 3.2.1 Bad cultural elements ...... 68 3.2.2 Patriarchy system and Culture ...... 69 3.2.3 Polygamy as an influence of culture ...... 71

3.3 Biological causes ...... 72 3.4 Inherited Traits ...... 76 3.5 Economic causes ...... 78 3.6 The failure of law ...... 80 3.7 Historical-religious causes ...... 86 3.8 Political causes ...... 90 3.9 Environment causes ...... 91

Conclusion ...... 93

CHAPTER 4

CONTRIBUTIVE FACTORS FOR THE DAILY TODAY VIOLENT LIFE IN THE TANZANIAN FAMILIES

Introduction ...... 94

4.1 Meaning of family...... 95

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4.2 Lack of money, Poverty and Stress ...... 96 4.3 Alcoholism and Drug abuse ...... 100 4.4 Bride price/Dowry ...... 105 4.5 Rape within marriage ...... 108 4.6 Marriage and concubines ...... 110 4.7 Male superiority ...... 112 4.8 Familiarity in Marriage Life ...... 113 4.9 Physical Aggressions ...... 115

Conclusion ...... 117

CHAPTER 5

EFFECTS OF DOMESTIC VIOLENCE TO THE SOCIETY

Introduction ...... 119

5.1 Effects on women ...... 119 5.2 Effects on children ...... 130 5.3 Effects on men ...... 135 5.4 Social-economic effects ...... 138

Conclusion ...... 144

CHAPTER 6

THE CHURCHES RESPONSE TO DOMESTIC VIOLENCE AGAINST WOMEN

Introduction ...... 145

BIBLICAL FOUNDATIONS AND THE ANTHROPOLOGY OF SEXES ...... 145 6.1 Vision and Mission of the Church ...... 145 6.2 Scripture and Biblical Interpretations ...... 147 6.3 Feminists' mind on the Church ...... 150 6.4 Church’s Role on violence in the families ...... 152

6.5 Scripture on domestic violence ...... 155 6.5.1 Domestic violence in the Old Testament ...... 155 6.5.2 Domestic violence in the New Testament ...... 160

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THE ECCLEASTICAL CONTRIBUTION ON DOMESTIC VIOLENCE ...... 164

6.6 Tradition on violence ...... 164 THE RESPONSE OF THE CLERGY ON VIOLENCE ...... 171

6.7 Church leaders towards the eradication of domestic violence ...... 171

Conclusion ...... 174

CHAPTER 7

THE CONTRIBUTION OF MORAL THEOLOGY TO THE EMPOWERMENT OF WOMEN IN COMBATING DOMESTIC VIOLENCE

Introduction ...... 175

7.1 GENERAL EDUCATION TO THE SOCIETY IN THE EMPOWERMENT OF WOMEN ...... 175 7.1.1 Recognition of the human dignity...... 177 7.1.2 Training of young boys and girls ...... 178 7.1.3 Family and Moral Formation ...... 180 7.1.4 Free and reliable education ...... 183 7.1.5 Formation of Christian Conscience ...... 184

7.2 TANZANIA AND THE DUTY TO ERADICATE VIOLENCE ...... 187 7.2.1 The practicality in eradicating violence in the country ...... 188 7.2.2 Practical Formation of Priests and other religious leaders...... 189 7.2.3 Clergy’s Responsibility on Violence ...... 192

7.3 COMMITMENT TO WOMEN RIGHTS DEFENCE ...... 194 7.3.1 Formation of Women Lawyers ...... 196 7.3.2 Establishment of educative Counseling Centers ...... 197 7.3.3 Establishment of Non-governmental Organizations and education to justice ...... 199 7.3.4 Police duties about Criminal laws and procedures ...... 201 7.3.5 Economic empowerment of the families and the nation at large ...... 202

7.4 STATE AND CHURCH DUTIES IN ERADICATING VIOLENCE ...... 204 7.4.1 State and Church efforts in the empowerment of women in the country ...... 204

Conclusion ...... 208

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GENERAL CONCLUSION ...... 209

BIBLIOGRAPHY ...... 213 MAGISTERIAL DOCUMENTS ...... 213 PAPAL SOURCES...... 213 CIVIL DOCUMENTS ...... 215 CONGREGATIONS/PONTIFICALCOUNCILS/COMMISSIONS/ ORGANIZATIONS 215 COMMENTARIES AND DICTIONARIES...... 217 ARTICLES/ JOURNALS/PERIODICALS ...... 217 UNPUBLISHED SOURCES/NEWS PAPERS ...... 220 MONOGRAPHS ...... 220 INTERNET SOURCES ...... 230

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LIST OF ABBREVIATIONS

AIDS Acquired Immune Deficiency Syndrome

ASP Afro-Shirazi Party

BAWATA Baraza la Wanawake Tanzania (Women Council Association)

CHADEMA Chama cha Demokrasia na maendeleo (Democratic Party)

Cor Corinthians

CWCA Center for Widows and Children Assistance

Deut Deuteronomy

Eph Ephesians

Ex Exodus

FGM Female Genital Mutilation

GAD Gender and Development

GBV Gender Based Violence

Gen Genesis

HIV Human Immune Deficiency Virus

ISS Institute for Security Studies

Jn John

LHRC Legal and Human Rights Center

Lk Luke

Mk Mark

Mt Matthew

NGO Non-governmental Organizations

NWHP National Women History Project

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Rom Romans

Sam Samuel

SOSPA Sexual Offence Special Provisions Act.

TAMWA Tanzania Media Women Association

TANU African National Union

TAWLA Tanzania Women Lawyers Association

TAWOMA Tanzania Women Miners Association

TDHS Tanzania Demographic Health Survey

Tim Timothy

UDSM University of Dar es Salaam

UN United Nations

UNDP United Nations Development Program

UNODC United Nations Office on Drugs and Crime

UWT Umoja wa Wanawake Tanzania (Women Association in Tanzania)

UWT Women Association

VAC Violence Against Children

WHO World Health Organization

WID Women in Development

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GENERAL INTRODUCTION

Violence occurs almost in every society in the world within the wider community and it affects all but mostly women and girls disproportionately. Violence is a universal reality existing in almost all societies regardless of income, class and culture. So it is no exaggeration to say that we are living in a culture of violence. Basically any form of violence is destructive. Domestic violence as one of the destructive forms in life, has being treated by many people such as Kunhiyop who contended that domestic violence does not occur only between husband and wives but can also be perpetrated against children.1 Despite the fact that domestic violence is a global issue; there is no scientific written work about it in Tanzania.

Domestic violence is also called domestic abuse or intimate partner violence which occurs between people in an intimate relationship. And the most common type of violence that women experience worldwide is intimate partner violence.2 Generally, the question of violence is a crucial issue in human life today. Violence is omnipresent in everyday life.3 There is interdependency between the different forms of violence as treated by feminist assumption that “The private is public!” Domestic violence has been taken by many as a private issue despite the fact that it affects the whole society to the great extent. It goes without saying that, domestic violence is a world considered problem. But many cases of domestic violence are unreported, so that it is often described as one of the world’s best-kept secrets.4 Our work brings the awareness of the evil to the Tanzanian society and it suggests ways to encounter the challenge.

The work addresses the situation of domestic violence against women in Tanzania. It shows why violence is illegitimate and the impacts it has to the society. Moral theology as the subject of the researcher helps to reflect the models of good life in the present and in the future generation. Therefore, besides theoretical considerations, we develop in this work some suggestions for an educational program. The program touches almost all the systems which give room to the evil of violence. It touches the government system, the Church, the perpetrators, women and child education which is very important for the present and the future generation.

1 Samwel, Waje, Kunhiyop, African Christian Ethics, Hippobooks, Zondervan, 2008, 245. 2 Shelah. S. Boom, Violence against Women and Girls, A Compendium of Monitoring and Evaluation Indicators, USA, Franklin, 2008, p. 12. 3Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, Tyrolia-Verlag. Innsbruck-Wien, 2002, p.11. 4Samwel, Waje, Kunhiyop, African Christian Ethics, 243.

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This Dissertation shows some thoughts and beliefs from many people that women are physically and emotionally weak and this speeds up the evil of domestic violence. John Paul II is against this wrong belief and sees the importance of women; he dealt with the reality of redemption basing on the dignity and vocation of women. He had a positive attitude towards women.5 Having seen this women abuse in my country as intolerable it is then our duty to take steps towards eradicating it.

Violence has led to the great harm in the families where women, children and the related are suffering for no reason. The sufferings extend to the whole society. Our work takes philosophical and theological approaches as a starting point. According to Nussbaum’s philosophical approach; women have been deprived their rights to , work, social communications and freedom basing on religious beliefs. She sees on how some law religious-based countries fail to combat domestic violence.6 She challenges the countries to respect the freedom of worship without marginalizing others. The Church leaders like the recent Pope Francis, supports her argument as he writes in a brief overview that; many efforts have been done in recognizing and defending the rights of women but in some countries much remain to be done in the promotion of these rights. Unacceptable customs still need to be eliminated. He thinks particularly of the shameful ill-treatment to which women are sometimes subjected, domestic violence and various forms of enslavement which, rather than a show of masculine power, are craven acts of cowardice.7

Our Thesis answers the Question on how the Roman in collaboration with the society in general contributes to the empowerment of women in Tanzania in the face of domestic violence. It takes and treats violence against women as a structural sin. We analyze these structures and have a look on some matters like cultural values which involve patriarchy, demonstration of power and control. Moreover, matters pertaining to sexuality as denial, forced sex, jealous, possessiveness, alcohol abuse and many others are here considered. Our moral contribution to encounter the challenge apart from education focuses on the formation of the people’s right conscience which will enable the perpetrators and the whole society recognize women rights and avoid discrimination.

In this work we analyze here the situation in Tanzania by the use of questionnaires which I formulated myself and made the interviews. I interviewed different groups and private

5 John Paul II, Apostolic Letter Mulieris Dignitatem, St. Peters, , 1988, no. 12. 6Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, University of Notre Dame Press, USA, 1997, p.95. 7 Francis, Post-Synodal Apostolic Exhortation Amoris Laetitia, Vatican Press, Rome, 2016. No. 54.

2 people. This included the women themselves, girls from secondary schools, children and men as well as some of the perpetrators. As a new study; we did not use any defined model of qualitative research. We also used the data and reports from different governmental and non- governmental sectors which deal with human rights. We later connected the collected material with the critical mapping of available and relevant literature on the subject. Our literature covers different fields and our materials are from political documents and documents of law, social and economical sciences and philosophy. This is because both moral theology and social ethics are integrative disciplines. They integrate both empirical findings and philosophical approaches on the basis of moral teachings of the Church (Bible and Tradition) and women’s rights movement. We consider women in this work by reading the signs of time correctly and righteously. We base our study in Tanzania by analyzing the role of women in the society now, the roles deprived from them and we propose a new role for them.

This thesis is an attempt to analyze the situation of violence against women in Tanzania and the struggle to combat it. It is the systematic analysis of the problem and how to encounter it leading to a just society.

This study is being divided into seven chapters which depend on each other consecutively. Chapter one will deal with the general background and the historical situation of Tanzania. Here we will explain in the first part about the country and her life history. It will show the country’s situation basing on some important matters such as location, demography, politics, cultural life and others which are important to any country. This short discussion will take us to the second part discussing the meaning and types /faces of violence including domestic violence which is our topic of concern. Violence of any kind leads to the unbearable life situations. Violence is the result of the breaking up of the human rights.

Chapters two will focus on the history and development of human rights in Tanzania. It will explain the meaning of human rights and shows that everyone deserves his or her rights. The breaking of human rights in the country started before independence and continued during and after independence. We will discuss the rights basing on these epochs and at our time relying on the Constitution of the country which is supposed to carry with it all laws which protect its people from violence and other related evils. We will give a bird’s eye view on the country’s Constitution about the rights of all the people especially those basing on women. In the Constitution we will have a look on the position of women in the government of Tanzania. Tanzania has different non-governmental Organizations dealing with violence

3 including the Church. The chapter treats further about the neglected areas of violence against women and girls in the country. Most of these are such as those dealing with Female Genital Mutilation, rape of women and girls and matters pertaining to sexuality which are hardly spoken in the country. Furthermore; it will treat the reality of domestic violence in the country by looking at the different rights of the person. It will have a look on the right to bodily integrity, right to employment and right to mobility and assembly for women. Moreover; reproductive rights and marriage rights will be considered. The chapter will conclude with the theological understanding of women rights. The human rights situation will be discussed here with special consideration on women’s rights and their philosophical foundations as discussed by Martha Nussbaum.

Chapter three of our work will emphasize on the general causes for domestic violence in the country. The breaking of human rights results among all to violence of several kinds including domestic violence. A large part of our chapter will discuss about the cultural situation of the people which acts as one of the major causes of violence against women. It will look on feminism and culture and the patriarchy system and culture where men are seen to be the overall controllers of everything in the society. Furthermore, the chapter will explain other important causes of domestic violence such as biological which is hard for many people to recognize as far as inborn characters are included in it. Economic causes cannot be undermined here as one of the major sources of domestic violence. Historical-religious, political and environmental causes have also led to the undermining of women in the country. These are termed as general causes because they may be the causes of violence not only in Tanzania but also in other parts of the world.

Chapter four will put more emphasis on the causes of violence basing in the families in Tanzania. It will look at the contributive factors for the daily-today violent life in the Tanzanian families. If one reads these causes without been attentive, may think that this chapter resembles the previous one. The chapter gives us the concrete situation of the people in Tanzania who experience domestic violence with causes which at times are said to be minor ones. We will discuss here about the meaning of family which in Africa has a wider meaning of more than father, mother and children. Family in Tanzania includes the extended families whether living together under one roof or in different areas. Many women in the country as the work will stipulate experience violence which results from lack of money, poverty and stress. Alcohol and drug abuse has led many perpetrators to the increase of the rate of violence at homes. There are very important things but unknown to many such as rape

4 within marriage which has affected many families in the country. Moreover, the bride price, dowry, marriage and concubines are some of the causes which increase domestic violence in the families. After the long stay in marriages as man and woman, there is a kind of familiarity in such life to the extent of disrespect to the other and from there the names change from husband and wife to other names like dogs, cows and many more. Male superiority and physical aggressions without forgetting the inherited traits have been the cause of domestic violence in many families in the country. The causes of domestic violence go with its effects.

This will bring us to chapter five of our work where we will discuss about the effects of domestic violence to the society. The discussion will show that the effects go to many people in the society. It goes without saying that, domestic violence affects not only women but also children who are world’s next generation. The perpetrators themselves, who in this work are men, remain with many effects in their lives. There are other social and economic effects to the families, to the country and to the world at large which are considered in this work. Thus, the one inflicting pain thinking that it goes to others or to one side is indeed wrong.

The causes and effects of domestic violence as realized in the society are to be looked at in a special way. It is the duty of the whole world to look at the systems of life in their countries as with regard to the Constitutions and laws so as to lessen or eradicate completely all those forms of violence. This duty should be done by the governments, the non-governmental Organizations and other Institutions including the Church.

Chapter six will treat about the Churches response to domestic violence against women in Tanzania. Our discussion in this area will look at the issue of violence keenly and carefully having in mind that the Church has been included by some people as one among the sources of domestic violence. Some insist that the Church can be part of the problem as many use some quotes from the Bible to discriminate women. But the work shows that despite the fact that it is termed so; the same Church can also become part of the solution. According to church’s doctrine women are as such “image of God” as men are. They are moral subjects with full human dignity. In this chapter we will discuss in the first part about the biblical foundations and the anthropology of sexes. In it we will see the vision and mission of the Church where all Christians are sent to proclaim the right Word of God to many and that they leave the evil ways aside. Scripture and biblical interpretations which are used by some as a weapon to include the Church in violence will be well treated here. Jesus was not a feminist but he treated women just as he did to men and so the feminist mind of the Church plays part in this chapter. It gives us the role of the Church on violence in the families. Domestic

5 violence will therefore be treated here basing on the Scriptures of the Old and New testaments. The second part of the chapter will treat about the ecclesiastical contribution on domestic violence basing on Church’s tradition where the Fathers of the Church have dealt a lot about the equal dignity of all the people. It will conclude with the duty of the Church leaders towards the eradication of violence.

This will bring our work to chapter seven as our last chapter which will deal with the contribution of moral theology to the empowerment of women in combating domestic violence. After we have seen the evil of violence in our country and as a moral theologian; we will suggest on what to be done so as to eradicate the violence. The chapter will be divided into three parts. Part one will deal with the general education to the society in the empowerment of women. This education bases on the recognition of the human dignity which is to be taught to all people. The training of young boys and girls on the matter including family and moral formation is also very important to the eradication of the evil. There must be free and reliable education to the children and the society at large including the formation of Christian conscience. Part two will deal with Tanzania and the social relationships basing on the practicality in the eradication of violence. We will discuss here about the practical formation of priests and other religious leaders who are so important in educating the society on several matters. The clergy’s responsibility on violence will also be insisted here. The third part will treat about the commitment to women rights defense. In this area we will see the importance of the formation of lawyers especially women lawyers and the establishment of educative counseling centers. It will insist also on the establishment of non-governmental Organizations and education to justice. In this the Police duties about criminal laws and procedures will be considered. The economic empowerment of the families and the nation at large is very important as it lessens and helps in the eradication of the evil of violence. The last part will deal with the state and Church duties in eradicating violence by empowering women.

In regarding the question of the implementation of the suggestions to the eradication of violence, we will look at the matter on the local point of view. Therefore we will discuss in this work on how Tanzania can carry and engage in the responsibility of eradicating domestic violence which seem to be big but taken by many people as unseen or neglected problem. It is a logical conclusion that Tanzania as a country under its government, the Church and other Institutions in it has an obligation of protecting its people in all areas of life.

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Our work on domestic violence in Tanzania concentrates and touches the whole society in the country though written by a priest and moral theologian who is from the Catholic Church. It follows, then, that, it touches all Christians, , other denominations and also the natural without forgetting the atheists. This is so because violence as evil is looked at basing on the peoples ‘conscience which is inflicted by God to everyone’s’ heart’.

Despite taking domestic violence in Tanzania as our point of reverence, the author has put more attention in those places where he himself mostly visited and especially in his Catholic diocese of Same where he works as a Catholic priest. Due to the largeness of the country, the writer could not reach personally to all places. But due to the resemblance of the culture and the life situation of the people in the villages and towns in the country and due to the several researches done in them, the facts from the research made remains true.

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CHAPTER 1 TANZANIA AND VIOLENCE

Introduction

This chapter is divided into two parts. Part one gives a general background of Tanzania by shedding light on the geographical location, demography, the means of communication, the cultural life of the people and their religious belief. It further expresses the climate and economic survey without leaving out the political situation in the country. The second part elaborates the general meaning and the types of violence. The general overview of the country will help the reader to know the nature, environment of the people and how domestic violence has affected the society. According to Davies, who is a writer and editor with a longstanding interest in gender, development, and human rights; it must be understood that research on domestic violence has not taken long since it started and it did not originate in Africa rather in Western Europe, North America, Australia and New Zealand.8 This shows that Africa where Tanzania lies, engaged themselves in the research later than the others. But in Tanzania, till recently it has no any scientific work specifically on domestic violence against women rather than few articles. Therefore, our specification in domestic violence touches the inner heart of the families in Tanzania where women and girls are seen to have lower status as compared to men and boys. This kind of people’s segregation includes also the division of labor.9 It is obvious that in many countries where domestic violence has been dealt about, there is still much information about these women which are lacking.10 This is due to the different factors including fear of reporting everything about the domestic abuse.

The phenomenon of domestic violence against women is however a global concern that requires individual, national and global responsibility. It is a kind of violence which is hardly spoken or discussed by many societies especially in Tanzania. According to Michael P. Johnson; the emeritus professor of sociology, women's studies and African American studies at Penn State where he taught for thirty years and developed his typology (known as "Johnson's typology") for describing intimate partner violence; he argues that, domestic violence itself has various environments and situations in it. Therefore specifications should

8 Miranda Davies, Women and Violence, Realities and Responses Worldwide, London, Zed Books Ltd, 1994, p. 2. 9 J Rank, Countries and their Cultures, - history, people, clothing, traditions, women, beliefs, food, customs, family in www.everyculture.com/sa-Th/ Tanzania.html, p.34, Accessed, 14/09/2018. 10 Patricia Tjaden and Nancy Thoennes, Full Report of the Prevalence, Incidence and Consequences of Violence against Women, Findings from the National Violence against Women Survey, Washington, National Institute of Justice, 2000, p.4.

8 be made before one reports something about violence in media. Specifications should be made and one should discuss, report and say exactly the kind of partner violence referred to. Michael argues in Fischer’s book that, it can happen that some feminist moved by the zeal to fight the evil of domestic violence make mistakes in their reports. They might do this by saying for example, 50% of marriages involve domestic violence something which make others think of intimate terrorism.11 Our work is specific and clear as it deals with wife- husband and intimate partnership type of domestic violence and how it has affected the society. It is in this kind of relationship that the other members of the society including children find themselves in violence. As a new work in the country we may encounter some limitations but these will give us more techniques in our way to the solutions.

As our work stipulates, there are several factors including the patriarchy system which makes the abuse of women a display of male power. This male power keeps women inferior and hence forced to rely on their protection. Domestic violence against women has been a significant human problem for many years as long as man continues living.12 Rwiza; a moral theologian in Tanzania, explains domestic violence as one of the results of the breaking of the human rights. He sees that in recent years issues concerning domestic violence against women have featured highly in global human rights agenda as well as in regional and national form. It goes without saying that, the Universal declaration of human rights as the first of the United Nations pronouncements on human rights adopted on December 10th 1948 as the UN charter itself has led to the human rights movements in many countries today.13 His citation shows the efforts dealing with human rights began earlier and continue globally. In Tanzania however, the effort on the fight against domestic violence has no quick development due to several reasons including people’s ignorance of the evil. Moreover, many women take it either knowingly or unknowingly as a normal system of life and that they are to be subjected to men. But recently, Tanzania like most countries in the world though in a low speed is in the forefront in the promotion of human rights.14 This shows how the society in the country has seen the breaking of human rights and now devotes their efforts to fight for

11Martin Fischer, Männermacht und Männerleid Kritische theologische Mänerforschung im Kontext genderperspektivierter Theologie als Beitrag zu einer Gleichstellung der Geschlechter, Edition Ruprecht, Göttingen, 2008, p. 256. 12See R.E Dobash, Violence against Wives, A Case Study against the Patriarchy, London, Open Books, 1980, pp. 23-30. 13 Richard N. Rwiza, Ethics of Human Rights, the African Contribution, CUEA Press, Nairobi, 2010, p. 62. 14 Rights according to Richard Rwiza in his Book, Ethics of Human Rights, The African Contribution; can be explained as a claim for an object but also a claim against someone that is, respondent. It can also be explained as an interest that is as a means of promoting individual welfare and also explained as trumps used by individuals to frustrate the overreaching collective demands made by large groups in society.

9 them regardless of gender. In that due course therefore; there are particular individuals and the government leaders investing their efforts in the fight against domestic violence together with other evils in the country.

PART I

THE GENERAL BACKGROUND AND THE HISTORICAL SITUATION

OF TANZANIA

Tanzania and her life history

The United Republic of Tanzania (in Swahili: Jamhuri ya Muungano wa Tanzania), the area of our study, is a country in Eastern Africa within the African Great Lakes region.15 The Constitution of Tanzania codifies it as a democratic country, a secular and a socialist state despite the challenges it faces basing on the three mentioned things as our work will prove.16 Tanzania is a medium-sized poor country despite its many natural resources and parts of it are in Southern Africa. It is located in eastern Africa where it borders the Indian Ocean and many other countries.17 Though surrounded by some countries which have experienced civil wars, Tanzania still enjoys peace.18 Among its natural resources is Mount Kilimanjaro, Africa's highest mountain which is located in northeastern Tanzania.19 This mountain makes the country famous as a tourism attraction center.

Tanzania is 945, 090 square kilometer big and composed of different regions. The United Republic of Tanzania is the unity of the many regions and more are created according to the needs of the population in the country. The history shows that in 1975 there were twenty-five regions from which most of the Catholic Dioceses are named.20 Tanzania up to the year 2018 had 31 Regions and it is obvious that many other regions can be created depending on the needs of the people. Domestic violence is a reality in almost all the regions. The degrees or climax of the existence of violence differs from one region to another depending on the understanding of the people. There are many reasons for violence as our work will stipulate. Despite the fact that the country has laws protecting its people; the implementations have been minimal due to the patriarchal culture or tendency of the institutions which are to

15 Ted Dagne, Tanzania: Background and Current Conditions, Congressional Research Service, 2011, p. 4. 16 Adjoa Anyimadu, Politics and Development in Tanzania shifting the Status Quo, Chatham House, London, 2016, p. 5. 17 Country Watch, 2018 Country Review, Tanzania in http://www.countrywatch.com, Accessed, 14/09/2018. 18 Ted Dagne, Tanzania: Background and Current Conditions, p. 4. 19https://en.wikipedia.org/wiki/Tanzania, Accessed, 19/02/2018. 20https://en.wikipedia.org/wiki/Regions_of_Tanzania, Accessed 19/02/ 2018.

10 control these laws, are not yet addressed.21 There are so many things hidden behind the several cultures in Tanzania something which make the laws had to implement.

The name Tanzania was brought up through history. It is a compound one which resulted from the union between Tanganyika and . The two states Tanganyika and Zanzibar united in 1964 to form the United Republic of Tanzania. In short one speaks of two countries in one but each with its own Government and parliament. This came about due to the effort done by the founding fathers.22 Before 1885, Tanganyika was ruled by local chiefs. Bishop Kilaini, a Church historian in the Catholic Church expresses the by giving the facts that, from 1885 until the World War 1, Tanganyika was a Germany colony. After Germany was defeated in the First World War, Tanganyika was designated by the League of Nations to be a protectorate under British mandate.23 Tanganyika acquired its independence from Britain in 1961. The country’s flag had then some colors which were green, black and gold (green representing the country, black its population and gold its natural resources).24 The new struggle for independence was to unify all the Tanzanian to think as one in fighting against racism, religion, tribalism and all the vices which caused disunity. Thus, after the of 1963 which overthrew the Arab dynasty and declaration of independence in the same year, the Island united the main land Tanganyika on the same cause.25 We have to note that the resistance against colonialists who aimed at wealth despite the positive changes they left to the country; were not so easy because all means were to be used including friendly means intending to make both sides live in peace.26 The union of the two separate regions was controversial among many Zanzibaris but was accepted by both the Nyerere’s government and Revolutionary Government of Zanzibar owing to share political values and goals. 27 Without this unity Zanzibar could suffer the consequences

21 C. Mark Blackden and Magdalena Rwebangira, Tanzania Strategic Country Gender Assessment, Africa Region World Bank, 2004, p. 20. 22 The founding fathers of Tanganyika and Zanzibar, Mwalimu Julius Kambarage Nyerere and Abed Karume realized from the beginning the importance of living together as brothers and sisters. Despite the fact that this unity resulted more from the idea of the two men, still its political, social and economic outcome cannot be ignored. Up to the present time there are things to be worked out so that this unity can profit equally both parties involved. It will be unwise to think that this unity has nothing positive to contribute to the life of the Tanzanians of both parties. It is important to work on those areas which have a negative influence on this unity so that it has more sold unity among the governments of Zanzibar and Tanzania. 23 See Kilaini, M., The Tanzania Catholic Church, in http://www.rc.net/tanzania/tec/tzchurch.htm, Accessed 03/02/2018. 24 See Adrian Schläpfer, A Potted History of Tanzania, Dar es Salaam, 2010, p. 1 25Adrian Schläpfer, A Potted History of Tanzania, p. 1 26 Oscar Baumann, Colonial Exploration and East African Resistance, Osca Baumann’s first Expedition into Usambara, Berlin, 1888, p. 11. 27 Wikipedia, Tanzania, in http://en.wikipedia.org/wiki/Tanzania, Accessed 15/02/2018.

11 because it is a very small Island and its economy needs support from the main land. There are yet many challenges about this unity which are under discussion so as to strengthen it

The demographic condition of Tanzania shows it to be among the 20 highly populated countries in Eastern Africa. It is the second populated country after Ethiopia and it has 59, 091,392 people according to the United Nations estimates of January 2018.28 One has to note from the beginning that the population of Tanzania is given but not always accurate for the many reasons including fear of been counted. Some Tanzanians in some ethnic groups believe that if they are counted, they will automatically die. The recent studies shows that the population of Tanzania consists of more than 125 ethnic groups and tribes including the Arabs, Indians, Pakistanis and small group of European and Chinese.29 These groups live and work together. They nevertheless face challenges in this togetherness but this has not led to big problems. The number of people in the country is known basing on census. The last official Population and Housing census in Tanzania was conducted in 26th August, 2012. This counted as the fifth Census after the Union of Tanganyika and Zanzibar in 1964. Other Census were carried out in 1967, 1978, 1988 and 2002.30 According to the world population view, Tanzania census of 2012 had one of the highest birth rates in the world and more than 44% of the population was under the age of 15. Tanzania has a very uneven population distribution. About 80% of the population lives in rural areas.31 Many youth live in the big cities like Dar es Salaam and Mwanza where they work for their needs and also for the benefit of their parents left in the villages.

As regards ethnicity32, the largest ethnic group is the Sukuma. This tribe according to 2012 census represents around 14% of the Tanzania's total population.33 The vast majority of citizens including many of the Sukuma, Hehe and Nyakyusa are Bantu speaking people. There are other groups of Nilotic, nomadic Maasai and Luo populations in the country. Along with them, there are other non- counted small groups who speak languages in the Khoisan

28http://www.worldometers.info/world-population/eastern-africa-population, Accessed 19/02/2018. 29 See Mrisho Malipula, Depoliticised ethnicity in Tanzania: a structural and historical narrative, Africa Focus, Volume 27, Nr.2, Mzumbe University, Tanzania, 2914, p. 49. 30 The United Republic of Tanzania, 2012 Population and Housing Census, Population Distribution by Administrative Areas, Dar es Salaam and Zanzibar, 2013, p. i. 31http://countrymeters.info/en/Tanzania, Accessed, 08/02/2018. 32Ethnicity refers to the fact or state of belonging to a social group that has a common national or cultural tradition. An ethnicity or ethnic group is a socially-defined category of people who identify with each other based on common ancestral, social, cultural or national experience. Thus, membership of an ethnic group tends to be defined by a shared cultural heritage, ancestry, myth of origins, history, homeland, language or even ideology and manifests itself through symbolic systems such as religion, mythology and ritual, cuisine, dressing style, physical appearance and others. 33 Mrisho Malipula, Depoliticised ethnicity in Tanzania: a structural and historical narrative, p. 49.

12 family specific to the Khoikhoi and Bushman people.34 All these tribes live following the policy of “” established by Mwalimu Nyerere, the first . The “Ujamaa” kind of life a Swahili word which means literally “familyhood” led to the peaceful situation in the country despite the presence of all these many tribes.35

Generally, Tanzania's population growth rate continues to climb with a current growth rate of 3.0% annually. Despite the fact that, there is uncertainty of specific demographic data particularly in African continent, the data reads so.36 There might be some uncertainties but they are hard to be escaped as already explained above. The low median age of Tanzania is attributed to a generalized HIV epidemic in the country. Although AIDS was recognized only in 1981, by 1999 AIDS had become the fourth greatest cause of death in the world, accounting for three million deaths per year. Tanzania was highly and is still affected by the HIV AIDS pandemic. Thus, only in 18 years Tanzania AIDS problem moved it to fourth place. According to the 2007 report from the World Health Organization, AIDS ranks as the third most common cause of death in developing countries including Tanzania.37 Despite the epidemic, along with high maternal and infant mortality rates, the population of Tanzania continues to grow rapidly. This is attributed to the very high birth rate of 37.25 births per 1,000 people, with a total fertility rate of over 5 children born per woman.38 Moreover, according to the same world population view; Tanzania has the eighteenth highest population growth rate and birth rate with no signs of changing. If trends continue, it is projected that Tanzania will have a population of 95.5 million by 2050.39

The spoken Language and the different media serve as the means of communication in the country. The media in the villages is still a challenge to current due to different problems like lack of electricity, poor mobile phones connections caused by lack of tower wave systems and many more including few educated journalists. The big cities enjoy the media as an official means of communication.40 As regarding to the languages used, there are diverse of them depending on the tribes present in the country. Over 123 different languages are quoted

34https://en.wikipedia.org/wiki/List_of_ethnic_groups_in_Tanzania, Accessed, 26/05/2018. 35 Priya Lal, Militants, Mothers and the National Family: Ujamaa, Gender and Rural Development in Postcolonial Tanzania, in the Journal of African History, Volume 51, Cambidge, 2010, p. 3. 36 Pontifical Council for the Family, Ethical and Pastoral Dimension of Population Trends, Nairobi, Pauline Publications Africa, 1994, no. 13. 37 See Peter Knox, AIDS, Ancestors and Salvation, Local Beliefs in Christian Ministry to the Sick, Paulines Publications Africa, Nairobi, 2008, p. 15. 38 Peter Knox, AIDS, Ancestors and Salvation, Local Beliefs in Christian Ministry to the Sick, p. 17. 39 http://worldpopulationreview.com/countries/tanzania-population, Accessed 19/04/2017. 40 Martin Sturmer, The Media History of Tanzania, Institutes of African Studies and Communication Sciences, , 1998, p. 1.

13 to be spoken in Tanzania but there might be more than those hence making it the most linguistically diverse country in East Africa.41 Each ethnic group has its own language but Tanzania’s official language is Kiswahili, which is an Arabic-influenced Bantu language.42 English which is the international language is used in the secondary schools as a teaching language and also as a means of communication. Other languages are Bantu, Cushitic, Nilotic and Khoisan.43 It is Kiswahili language that has united all the people in the country. It was declared a country national language in 1964 and that is why our work has some Swahili references.44 The Kiswahili language united all the ethnic groups and led to the simplicity in communication and the unity of the country.45 There has recently been a Bill to discontinue English as a language of instruction in secondary schools so as to improve Kiswahili but the issue is still under discussion.46 The intention is to make the Swahili language be used everywhere in the country’s institutions. Most Tanzanians speak both Swahili and a local language and many educated Tanzanians are trilingual.

The people in Tanzania have their cultural ways of life. The world Council of Churches defines culture47 in a wide ground. According to Mugambi; a Professor of Philosophy and Religious Studies in the University of Nairobi; Culture can be explained in a simple way as cultivation.48 It is something in state of being cultivated or dug through. Other people take the word, “cultivation” as digging the farm as preparation for planting seeds or plants. It is a style of life people can find themselves in and continue building it to suffice their daily lives. That is, the good things in it to be developed and the bad ones to be shunned. Culture is for people what agriculture is for the land. It goes without saying that, culture is what we are, how we look, what we possess, what we believe in and what we long for in our lives. It is obvious that when we were born in this world we found ourselves in a certain kind of life, cultivated it in

41 See Malin Petzell, The Linguistic situation in Tanzania, University of Gothenburg, Moderna Sprak, 2012, p. 1. 42 M. Mulokozi, Study Report on the Common Oral Traditions of Southern Africa, A Survey of Tanzanian Oral Traditions, Institute of Kiswahili Research, Dar es Salaam, 1999, p.1. 43Sociolinguistics: An International Handbook of the Science of Language and Society. Walter de Gruyter. pp. 1967–. ISBN 978-3-11-018418-1. 44 Malin Petzell, The Linguistic situation in Tanzania, p. 3. 45 Mrisho Malipula, Depoliticised ethnicity in Tanzania: a structural and historical narrative, p. 58. 46http://citifmonline.com/2015/02/17/tanzania-drops-english-as-the-language-of-instruction-in-secondary- schools, Accessed, 12/05/2018. 47 Culture is that which holds a community together giving it a common framework of meaning. It is both the product of human labor and the living expression of what humanity has achieved. It is preserved in language, thought patterns, ways of life, attitudes, symbols and presuppositions. It is a people’s style of life. It is celebrated in art, music, dance, drama, literature and life itself. It constitutes the collective memory of the people and the collective heritage which will be handled down to generations still to come. 48 J.N.K Mugambi (Ed), The Church and the Future in Africa, Problems and Promises, Nairobi, All Africa Conference of Churches, 1997, p. 14.

14 all our efforts to fit to our ethnic groups but without forgetting our relationships with the other people outside us.49

Culture is realized in people’s life through the course of living starting from the families, clans, tribes and to the country at large. There is no specific culture for the Tanzanians but they find themselves in a certain type of life. The family remains the basic unit of social life in Tanzania. Most families in Tanzania live in the villages. In these areas there are specializations of work whereby men and boys work in the fields and women together with ladies engage in house works.50 This is their cultural way of life. One has to keep in mind that through the cause of living; good cultures are cultivated and bad cultures are sometime created and ultimately some find themselves into uncultured society. That is why Mugambi; takes man as a creature who is created to live with the others in a particular environment. It is in this time and place, man accumulates the experience of those who preceded them and shape the culture.51 Their struggles, victories and defeats, good and evil, gains and losses, condition them to a great extent.

Colonial rule affected the culture of the people in Tanzania. The colonial and post-colonial influences have had great impact on the socio-cultural life of the Tanzanians positively and also negatively. The intermingling of two traditions, that is, the Tanzanian tradition which were completely of its own before colonialism and the new tradition (western tradition) which was also different; have led to the development and also breakdown of the Tanzanians traditional structure of life in many ways. The new tradition brought in new elements. These were such as new religions which differed from the traditional ones where people adored the trees, mountains and animals. They positively brought to us the development of science, new technology and industry. Colonialism was bad but in its process the Tanzanians benefited to some extent.52 The economy in Tanzania was strengthened due to the introduction of the capitalistic mode of production which based on money economy.

It is to be noted here that, despite the emergence of colonialism, Africans including Tanzanians needed these changes in culture to make them move on and to be what they are today. A bit of confusion and misunderstandings appeared among the Tanzanians wandering on what was happening to them. One of the negative effects from colonialism was the loss of

49 J.N.K Mugambi (Ed), The Church and the Future in Africa, Problems and Promises, p. 14. 50http://www.nationsonline.org/oneworld/african_languages.htm, Accessed, 19/02/2018. 51 J.N.K Mugambi (Ed), The Church and the Future in Africa, Problems and Promises, p. 14. 52https://www.quora.com/What-were-the-positive-effects-of-the-colonialism-in-Africa-What-caused-them, Accessed, 26/05/2018.

15 communal life especially the working and sharing together of what they produced. Thus, the Tanzanian culture was diluted, some of the traditions were taken away and their ways of life were destroyed.53 There was a development of individualistic tendency which led the people to spare little time for the common good. It has to be kept in mind that our culture was not the best of the cultures. There were and there is still a lot to be challenged. What was good and still in practice in Tanzanian culture, is the community life. According to Shorter, the anthropologist; life in a community was the best thing to be hold and enjoyable by the Africans whether in happiness or in sufferings. In this life sharing style the success and failures were felt by all.54 Julius K. Nyerere the first president of Tanzania echoed this approval of traditional ideal of community, as he noted:

Our first step, therefore, must be to re-educate ourselves: to regain our former attitude of mind. In our traditional African society we were individuals within a community. We took care of community and the community took care of us. We neither needed nor wished to exploit our fellow men.55

It is obvious that Mwalimu Nyerere in collaboration with the other members fought for Tanzanian independence. He does not throw blames to anyone but it seems that before independence the evil of violence among Tanzanians was not easily recognized though existed. The traditional tribes will tell about how they used to work together. The elements of communal life were experienced in many tribes including the “Wapare” who engaged in livestock farming. They had a system known as Ndisha 56 in which one was supposed to take care of the herds for one week so as to let others engage in other activities. There were other farming activities done communally a system which was known Kikwa.57 The climax of all these communal life activities was seen in ceremony rites like in wedding, new born baby, initiation, thanksgiving, burial and others. Any celebration in the society was communally done with fully participation of all the members. Communal life today in Tanzania is challenged because many people have lost the virtue of solidarity. The evil of violence has captured the society and the great effect goes to women and children. Despite the intermingling of cultures, much still remain of our Tanzanians cultural heritage. Thus, it would be wrong to imagine that these values are a static force that has nothing to offer to our

53https://is.mendelu.cz/eknihovna/opory/zobraz_cast.pl?cast=61463, Accessed, 26/05/2018. 54See Alyward Shorter WF, African Culture and the Christian Church, An Introduction to Social and Pastoral Anthropology, London, Geoffrey Chapman, 1974, p. 196. 55 Ibid, p. 198. 56Ndisha this word means one week which for them had six days that is from Monday to Saturday. 57Kikwa or Vikwa in plural means “turn” where each member had his or her turn when all members go to work in his or her field.

16 present society. According to Mavura, a priest and a Church historian; the challenges we passed through in our culture should rather be taken as a stepping point to help us to look forward beyond the present situation.58 The present evil of violence in our country should be dealt upon now without throwing blames to another intruded culture.

Culture must be challenged by religion so as to make it more suitable to the society. Mugambi; argues that in each culture there is or it is built in a religious dimension. The existence of religion develops an awareness of God’s presence among the people. This is called religion of culture. Religion of culture provides cohesion in the group. The religious dimension of culture does not challenge the evil of society which marginalize the weak, the poor and the oppressed. Culture does not cleanse itself of its own impurity; it does not rescue itself from decay and deformities. Therefore, according to him, the only way to change culture is to challenge it with one Gospel, the Good News coming from God.59 We can challenge his position by using other ways to eradicate bad cultures; such as the use of the country’s Constitution. But as Christians today, we can base ourselves in the super culture, the culture which nobody can challenge it; the culture of Christ. Christ according to me is the model of all cultures. We believe that the members from other religions have the sense of God in them which enables them to know and eradicate the bad cultures. Hence we can together imitate our creator and eradicate the evil of violence in our Tanzanian society. The atheists can be protected by the other means such as the country’s Constitutions and the other proper methods.

Tanzania’s population consists of different religious groups. This is due to the profound religious sense which is common among the Africans. This fact was affirmed by Pope John Paul II in his Apostolic Exhortation on Ecclesia in Africa:

Africans have a profound religious sense. A sense that God exists cannot escape African minds. They have a sense of the sacred, of the existence of God and of spiritual world that, man lives even after bodily death. They recognize what is sin before God and man. The rites of expiation and purification are highly in their consciousness.60

Many Tanzanians believe in the existence of God who is the source of all that exist and the goal for the last destiny of man. This belief is commonly shared by the main religious

58See John R. Mavura, The History of Catholic Evangelization of Same Diocese in Northern Tanzania from 1909 to the Present, Rome, Unpublished Dissertation, 2004, p. 14. 59 J.N.K Mugambi (Ed), The Church and the Future in Africa, Problems and Promises, p. 17. 60See John Paul II, Post-Synod Apostolic Exhortation Ecclesia in Africa, Libreria Editrice Vaticana, Younde’ in Cameroon, 1995, no.42.

17 affiliations in Tanzania. The three main religious affiliations in Tanzania are: traditional religions, Islam and .61 There are other small religious affiliations which constitutes the very small percent of the population. Most Tanzanian share common religious practices to which many groups had the practices special to themselves or adopted from their neighbors. God has been given many names basing on ethnic groups which describe his various attributes and he is always perceived as the source of all that exist and the one who brings everything in order.62

It is to be noted that Tanzania is one of the African countries where Christianity and Islam are equally strong. These two religions can be for the good and for the worse of the country depending on how they treat each other.

The relationship between the Moslems and Christians in the past and even today has remained good. Both Christians and Moslems were often found in the same family. Today we can also find a family of six people or more and each has a personal religion where he or she relies. This goes without any conflict among them and they give each other good moments to enjoy the worship. In the past, many schools belonged to the Christians but accommodated all the children from different religions including Moslems. Though Christian schools were open to Moslem pupils, to assure them good education, the Government decided to nationalize all private schools in 1970. (…). But in 1980s, Tanzania was invaded by Moslem fundamentalism. This was propagated by young people trained outside the country. (…). They preached publicly against the Bible, Christian beliefs and call upon the Moslems to liberate themselves from the so called Christian domination. They thought of been dominated by the Christians and not helped. This reached its climax in 1991 when the situation became explosive. Even the Christians became restless. In early 1993, the Catholic Bishops issued a public statement against these provocations. “Tamko Rasmi la Maaskofu Katoliki Tanzania Mintaarafu Kashfa za Kidini”, (A Statement of the Tanzania Episcopal Conference on Religious Blasphemies). As a result both the Christians and some moderate Moslems joined hands in the common fight against the extremist of both sides.63

The Christian population is mostly composed of the Roman Catholics, Protestants with the strong numbers of Lutherans and Moravians, Orthodox, Anglicans, Seven-day Adventists,

61 Let it be seen and remembered that, we have deliberately avoided putting the percentages of the number of the affiliation due to the fact that, the number given sound to be the first outcome of the guesswork. For instance: - From (http/wissen.spiegel.de/wissen/document/document.html), gives 40% Muslims and 40% Christians. International Religious Freedom Report 2007 about Tanzania, gives 30-40% Muslims and 30-40% Christians. See;http://www.state.gov/g/drl/rls/irf/2007/90124.htm,MunzingerOnlineüberTanzania. Furthermore; The Wordsworth Pocket Encyclopedia, Hertfordshire, 1993, page 580, gives 35% Muslims and 35% Christians. According Bishop Kilaini in his article; The Church in Africa and Tanzania in particular, in http://www.rc.net/tanzania/tec/tzchurch.htm, gives 34% Muslims and 44% Christians. It is good to notice that, the Tanzania national census has been less interested in the religious affiliation data since 1967. The facts about the affiliation belong to a particular religion and not to the state. The state has no religion but the individuals have religion. 62 See Ilife, J., A Modern History of Tanganyika, London, 1979, p.26. 63 See http://www.rc.net/tanzania/tec/tzchurch.htm, Accessed 03/04/2018.

18

Jehovah’s Witness and Charismatic Pentecostal groups. There is tremendous multiplication of the Charismatic Pentecostal groups beyond imagination. The reasons are many including the pastor’s need for money and weak faith of some believers.64 There are some areas like Mbeya region in which more than 120 sects exist according to the spoken statistics. The division is usually not as clear as official statistics suggest, since many rural Tanzanians adhere to elements of their indigenous religious practice and new sects arise as time goes on.

Climate and economic factors in Tanzania contribute much to the development of the country. For the economy to be fruitful to its people, the political leadership within and without should not be undermined. Apart from the climatic condition of Tanzania which in some places leads to the good economic condition as far as crops are concerned; the political leadership within and without the country has contributed to the development basing on trade partners and donor communities.65 It follows that climate; economy and political leadership together with other factors have a lot to play in the development of the country.

Tanzania has generally a good climatic condition which differs from one place to another. The country is mountainous and densely forested in the northeast, where Mount Kilimanjaro is located. The climatic condition in the country varies accordingly. In the highlands temperatures range between 10 and 20 °C (50 and 68 °F) during cold and hot seasons respectively. The rest of the country has temperatures rarely falling lower than 20 °C (68 °F). The hottest period extends between November and February (25–31 °C or 77.0–87.8 °F) while the coldest period occurs between May and August (15–20 °C or 59–68 °F). Annual temperature is 20 °C (68.0 °F).66 The climate is cool in high mountainous regions. Tanzania has two major rainfall regimes: One range from October–April and the other is divided into two seasons which occur from October–December and March–May. Due to these rainfall variations, many people especially the farmers in Tanzania have found themselves in extreme poverty.

Despite the conducive climatic conditions in some regions, the overall performance of the Tanzanian economy remains fluctuating. There is but a high rate of growth, and a low rate of inflation over the past years. The question which disturbs many people today is the said growth of the economy while the people especially in the villages have no important social

64 See Wikipedia, Tanzania, in http://en.wikipedia.org/wiki/Tanzania, Accessed 15/01/2018. 65 See Honest Ngowi, Economic Development and Change in Tanzania since Independence: The Political leadership Factor, Economics Department, Mzumbe University, 2007, p. 2. 66 See Zorita, Eduardo; Tilya, Faustine F. (12 February 2002). "Rainfall variability in Northern Tanzania in the March–May season (long rains) and its links to large-scale climate forcing" (PDF),” Climate Research. Inter- Research Science Cente, Accessed16/01/2018.

19 services such as roads, electricity, water, food, health care and many others.67 The matters pertaining to the growth of the economy are most of the time mentioned by the political leaders during campaigns and in the parliaments. The researched data as compared to the economy must be considered. Many Tanzanians are farmers and agriculture is the main contributor to the value of Tanzania's economy though faced by scarcity of rains. Tourism is the leading sector in terms of foreign exchange earnings. But for a long time the few people holding these sectors as ministers and other workers have enjoyed the fruits alone through corruption.68 The President of the United Republic of Tanzania today is more anti-corruption as compared to the former Presidents. All those who used to benefit themselves were set aside and their positions taken by others.69 The mining sector has contributed a lot to the country but still under great challenges because the investors take a lion share. The need to renew the Contracts is due and the President has initiated it. The recent challenge in Tanzania is the amendment and the making of new laws concerning export of minerals. This work is on so as to ensure the fruits in both sides.70

Tanzania has made little progress towards reducing extreme hunger and malnutrition. People are struggling to get food for their survival and this has led to poor development of the country. Instead of working for other development programs; people are thinking on how to get food. This so far shows how backward the economy has remained. This is supported by Vilby, a journalist and writer specialized in development and environment topics; he argues that; Tanzania is making steps towards economic development but it makes one step forward and three steps backwards. This is by looking at some country’s basic problems which have grown worse as compared to the time of independence in 1961.71 Women and children in the villages are highly affected by the deterioration of the economy especially in the agricultural

67 The journey made by the author of this work from Eastern part of Tanzania to the Southern part proved this fact. Many village areas including that of the author has no the mentioned important services. Tanzania has so many villages lacking these, making the people see themselves as living in another country. They think so because there are other many parts in the country with all these services. The journey made the author discover the lack of these services like water, electricity and poor roads in the Songea region and the neighbor areas, December 2012. 68https://www.google.at/?gws_rd=ssl#q=economy+of+Tanzania+today accessed 19/01/2018. 69 According to http://www.xinhuanet.com/english/2017-10/08/c_136663926.htm; Accessed 19/02/2018; The President of the United Republic of Tanzania after he had seen the evils and the loss of money in the Ministries; he changed some Ministers from their former positions and some completely chased away. His excellence President Magufuli dropped Honorable Jumanne Maghembe, the former minister of Natural Resources and Tourism and his position was taken by Honourable Hamisi Kingwangala. At the same time he dropped the former Minister of Minerals Honorable Sospeter Mhongo and his position was taken by Honorable Angellah Kairuki. These important sectors in the country were highly consumed and the fruits were not seen .He also made new appointments to some other sectors in his effort to eradicate corruption. 70http://allafrica.com/view/group/main/main/id/00050951.html, Accessed, 26/05/2018. 71 Knud Vilby, Independent? Tanzania’s Chalenges since Uhuru, A second-generation nation in a globalized World, E&D Vision Publishing LTD; Tanzania Nordiska Afrikainstitutet, ESweeden, 2007, p. 13.

20 sector. According to 2014 statistics; approximately 68 percent of Tanzania's 44.9 million citizens lived below the poverty line of $1.25 a day and 16 percent of children under 5 were malnourished.72 According to UNDP, Tanzania ranked 159 out of 187 countries in poverty which was also the data from the United Nation’s Human Development Index of 2014.73 Therefore, much effort is to be invested in the development of the country.

Political situation in Tanzania is not stable as it is to many African countries. Before independence the local rulers excelled in their leadership to remove the intruders.74 Today many leaders in the African countries base their politics on individual needs. They focus on personal lives, keeping their positions and gaining money by corruption through politics for their personal uses.75 The politics in Tanzania began well under the leadership of the first President Mwalimu Nyerere who focused on the future of the country that by 2025s and 2050s the country would be highly developed in politics.76 The politics as from the beginning focused on the eradication of poverty and ignorance from the people. It aimed at removing the country from internal and external debts but to current the budget for paying the debts is bigger than that of necessary human needs like education and health. Individualism of the leaders has led to this burden though there are some efforts to eradicate corruption which brings back these developmental efforts.77

Tanzania is a democratic country and allows the president to remain in rule for five years renewable. It is obvious that the democratic system in Africa and especially in Tanzania is still in its infancy.78 But Tanzania practices democratic system which is characterized by a plurality of political parties.

Tanzania practiced Multi-party democracy for the first time in 1960 - 1964. That is a year before Independence to three years after. In 1964 the Government under the presidency of Mwalimu Julius Nyerere abandoned the multi-party democracy and decided to con-verge into single party system of parties. I hope by the time these many parties were not strong enough. And one of the major reasons for

72 See MKUKUTA, Annual Implementation Report 2012/13", Tanzania Ministry of Finance, November 2013, page 11, Accessed 10/02/2018. 73https://en.wikipedia.org/wiki/Tanzania, Accessed 19/01/2018. 74 See Godson S. Maanga, Political leadership and the Future of Tanzania: a historical-theological examination in International Journal of Political Science and Development, Academic Research Journals, SMMUCo Mwika Campus, Moshi, 2014, p. 4. 75 Knud Vilby, Independent? Tanzania’s Chalenges since Uhuru, A second-generation nation in a globalized World, p. 145. 76 Godson S. Maanga, Political leadership and the Future of Tanzania: a historical-theological examination in International Journal of Political Science and Development, p. 2. 77 Godson S. Maanga, Political leadership and the Future of Tanzania: a historical-theological examination in International Journal of Political Science and Development, p. 2. 78 See Martin Sturmer, The Media History of Tanzania, Institutes of African Studies and Communication Sciences, Vienna, 1998, p. 12.

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converging into one party system was the results of general elections of 1960/1961 which saw TANU winning all seats except one which was taken by the opposition. The elections revealed strength of the parties for the first time. Mwl. Nyerere felt that, TANU was the party to bring fortune to the country. These other parties are not here fully mentioned may be due to their smallness and unpopular. Another reason which led to the abandonment of multi-party was the union of Tanganyika and Zanzibar which was officiated on 26 April, 1964. It was felt that both parts of the union should have one strong party which would enable the people to participate as one for the better of the nation. Hence TANU was strong and thus dominant in Tanzania mainland (then Tanganyika) and Afro-Shiraz Party (ASP) was strong and thus dominant in Tanzania-Zanzibar. On 5th February, 1977 the two sister parties TANU and A.S.P united to form one strong revolutionary party in the name of Chama Cha Mapinduzi (CCM). Therefore CCM enjoyed supremacy since 1977 - 1992 when the re-introduction of Multi-party came into being. The re-introduction of multi-party system marked a new history in Tanzania. In 1995 the first Multi-party election was conducted and saw CCM emerging winner in presidential, parliamentary and local government (councilors) elections (NEC, 1996).79

Despite the presence of many opposition parties in the country, CCM has remained in power forming the government till today.80 Despite the big competition during elections, it has always remained in power.

In October 2015, Tanzania announced that John Pombe Magufuli won the presidential election, securing a two-thirds majority in parliament. He is the current President and is working hard for the development of the country including the eradication of corruption.81 CHADEMA is one among the many opposition parties with many followers and it always criticizes the ruling party. Politics in Tanzania face some challenges which sometime lead to chaos and conflicts but not wars. Recently during re-elections of some Parliamentary members; some conflicts and even death of some people occurred.82 The current political

79 See African Journal of History and Culture (AJHC) Vol. 1 (3), pp. 044-053, September, 2009, in http://www.academicjournals.org/AJHC, Accessed, 19/01/2018. 80 See Ted Dagne, Tanzania: Background and Current Conditions, Congressional Research Service, 2011, p. 4. 81https://en.wikipedia.org/wiki/Tanzania, Accessed 19/01/2018. 82 The have today been the causes for the injury and death of some people. Recently on Saturday February17, 2018; occurred some violence actions after CHADEMA, the major opposition part in the country tried to match to the Electro Commission to demand accreditation for its nominees to have observer status at the election. It is during this process when the Police used tear gas and bullets to stop the matching. It is believed that one of the police threw a bullet and killed a girl student who was not part of the demonstration or part of the match to the mentioned office. The girl was in the Mini-bus taking her application forms to the University. Tanzanian President His Excellence John Pombe Magufuli who came to power in 2015 as a corruption fighting “Man of the people” has been increasingly criticized in his authoritarian leadership style, with a clamp down on the opposition, journalists and artists. Some days before the happening of this action, in September 17, 2017 a senior opposition lawmaker Honorable Tundu Lissu, who used to criticize the government was shot several times at his home in the capital City as he was going for lunch after the morning Parliamentary session. The Catholic Church in Tanzania and the Non-governmental Organizations accused the Magufulis’ Government of violating democratic norms. All these show poor politics in the country. Cf. https://www.wri.org/blog/2017/10/risks-making-difference-tundu-lissu-shot-tanzania, Accessed, 26/03/2019.

22 situation in Tanzania is not good as before. The immediate measures are to be taken to eradicate the political violence which is strongly and quickly invading and destroying peace in the country.

Tanzania as a country has many things in it which are to be learned by the citizens themselves and the other people of the world. It is independent but it has to relate with other nations through sharing and learning from them whatever is good for the development of the country without forgetting the challenges they may encounter. It is in that due course that Tanzania has taken steps regarding the evil of domestic violence which in reality began as a movement in the other countries. This bird’s eye view on the history of Tanzania brings us to the second part which treats about violence.

PART II

THE MEANING OF VIOLENCE AND ITS CHALLENGES TO THE SOCIETY

Violence and freedom are closely linked together. One cannot speak of violence without touching the concept of freedom. Violence and freedom are inexorably linked because of this conflict between two groups wherein freedom is withheld utilizing violence as a means to uphold the status quo; it should be obvious then that violence is the only retort to the use of force to deny freedom. The very act of denying freedom to those that seek it is a violent act.83

The right to live free from violence is a basic human right. Yet, gender-based violence be it state-sanctioned violence (such as laws and policies that repress or harm women and girls), threats from fundamentalist forces, or intimate partner violence, persists in every country of the world and affects women, girls, and trans people of all ages and backgrounds.84 According to UN, due to lack of freedom, more than one in three women worldwide have experienced physical violence; one in 10 girls have experienced forced intercourse or other sexual acts; and while at least 140 countries criminalize domestic violence, these laws are often not enforced.85

Human beings are born with a capacity to be free, that is, irrespective of all limitations to one’s freedom, an individual has a capacity to remain free. According to Rupert M, a professor of moral theology; Man is not completely free and so it might be freedom from something. Man is free to act or not to and he has also a chance for reflection before an

83See https://www.bartleby.com/essay/Violence-and-Freedom-Exploring-the-Use-of-PKW5ZEYVJ, Accessed, 26/03/2019. 84 See https://www.globalfundforwomen.org/freedom-from-violence, Accessed, 26/03/2019. 85 See https://www.globalfundforwomen.org/freedom-from-violence, Accessed, 26/03/2019.

23 action.86 It follows then, that, the perpetrators either impose violent actions to the others purposely or due to poor reason used in such actions. Freedom is a right we ought not to deny to any rational being. When it is denied it then leads to violence. However, we ought always to remember to rectify the confusion surrounding the notion of freedom. From the point of view of the individual, freedom is the ability we have of making important choices. A choice is the act of the will by which it selects between various possibilities. In this sense, every act of freedom is an act of choice.87 Freedom also implies that human beings have the capacity to form or recreate themselves into what they want to be, either to be truly human and alive or to sink down to the level of irrational brutes. It is this irrationality in human beings which acts as one of the sources of violence. Human freedom, however, has its limitations. Our choices can be limited by physical (health, age), historical (culture, language and symbols) and environmental (time and space, climate and geographical) leading to violence. However, as we remain rational beings, these limitations do not take away our freedom of choice.88

Freedom is the power, rooted in reason and will, to act or not to act, to do this or that, and so to perform deliberate actions on one’s own responsibility. By free will one shapes one’s own life. Human freedom is a force for growth and maturity in truth and goodness; it attains its perfection when directed towards God, our beatitude.89 As long as freedom has not bound itself definitively to its ultimate good which is God, there is the possibility of choosing between good and evil, and thus of growing in perfection or of failing and sinning. Violence counts as one of the sins. This freedom characterizes properly human acts. It is the basis of praise or blame, merit or reproach. The more one does what is good, the free one becomes. One engaging in the acts of violence is never free. There is no true freedom except in the service of what is good and just. The choice to disobey and do evil is an abuse of freedom and leads to the slavery of sin. Freedom makes man responsible for his acts to the extent that they are voluntary.

The freedom which God gives is to be understood as power or possibility. It is a power to act and to obey. It is a possibility of life and strength for combat.90 According to Lukas, we know we are free.91 Our concern for freedom is connected with our concept of responsibility, we

86See Sheule Rupert M, Wir Freiheitsmüden. Warum Entscheidung immer mehr zur Last wird; Munchen, 2015, p. 69. 87 Luciano Mattel, A Guide to Christian Ethics and Formation in Moral Maturity, Nairobi, CUEA Publications, 2000, p. 56. 88 See Luciano Mattel, A Guide to Christian Ethics and Formation in Moral Maturity p. 56. 89See The Catechism of the Catholic Church, no. 1731. 90 See Jacques Ellul, The Ethics of Freedom, Michigan, William B. Eedmans Publishing Company, 1976, p. 103. 91 J. R Lucas, The Freedom of the Will, Oxford, Clarendon Press, 1970, p. 1.

24 are answerable or accountable. We are normally responsible for our actions. Freedom suggests to us that, a free decision is rightly seen as a response, a response to a peculiar challenge we call moral obligation and which is the challenge of objects and more.92 Failure to be responsible to our actions and free good choices can lead to violence. Eliminating all forms of violence is at the heart of all of Global Fund for Women’s work: if a woman faces threats of violence, her ability to access her other human rights like going to work, get an education, and control her own sexual health; is fundamentally endangered.

Therefore; Violence is not something new in our lives for it occurs in every society in the world within the wider community. Thus, the governments, non-governmental Organizations and the Church see the existence of violence globally. Pope John Paul II took violence as one of the elements of the culture of death. That is, something which makes the life of the people miserable.93 Violence affects all groups of people but mostly women and girls. It should be noted that, violence is more connected to women because they are a vulnerable group, targeted and who are greatly affected by acts of gender- based violence.94 Gender can be defined as a range of physical, mental, and behavioral characteristics distinguishing between masculinity and femininity. Gender is not something we are born with or something we have but something we perform.95 Gender can also mean the social constructed roles, behaviors, activities and attributes that a given society considers appropriate for men and women.96 These social structures can be both positive and negative depending on how the society is set and also on how the moral education and follow up of the morals in the society are set.

There have been a lot of discriminations and torture resulting from gender-based violence. Gender- based violence can be explained as acts against sex which ultimately harms the other person either physically, spiritually or psychologically. It is a violation of human rights and a form of discrimination. It is a form of violence that is inflicted by men on women and girls. The perpetrators are always men who act against women in a society. Research on gender and violence conducted by the World Health Organization (WHO) estimated that at least one in

92 See Ian T. Ramsey, Freedom and Immortality, London, SCM Press Ltd, 1960, p. 5. 93 International Commission on J.P.I.C, Manual for Promoters of Justice, Peace and Integrity of Creation, Rome, Claretian Publications, 2001, p. 34. 94 Gender-based violence involves men and women, in which the female is usually the target, and is derived from unequal power relationships between men and women. Violence is directed specifically against a woman just because she is a woman and affects women disproportionately. It includes, but is not limited to physical, sexual, and psychological harm. The most pervasive form of gender-based violence is abuse of a woman by intimate male partners. Cf; http://guides.womenwin.org/gbv/conflict/context/what-is-gender-based-violence, Assessed 16/01/2018. 95 Eckert, Penelope and McConnellGinet, Sally, Language and Gender, Second Edition, Cambridge and New York, Cambridge University Press, 2014, p. 1. 96 Eckert, Penelope and McConnellGinet, Sally, Language and Gender, p. 3.

25 every five of the world’s female population has been physically or sexually abused at some time. WHO noted that one of the most common forms of violence against women is the one performed by a husband or male partner.97 This type of violence is frequently invisible since it happens behind closed doors. In many societies the legal systems and cultural norms do not treat it as a crime but as a family matter; something which speed up the violence.

According to Hartmann, a Professor of Religious Education and Catechetics at the Department of Practical Theology; violence in life today is not something new ,,Gewalt ist im Alltag allgegenwärtig’’ that is, violence is omnipresent in everyday life. This violence makes people suffer from lack of freedom and as a result they come up fighting against it. She describes several concepts to be considered when discussing violence. She deepens the concept of violence by speaking of personal or direct violence that describes the actions of a person suffering from the body harm which is physical violence and structural violence which follows the structure of the society.98 This kind of violence makes the society dumb and sees it as a normal system of life.

Basing on the discussion of Hartman that violence is something unavoidable in our societies; the people in Tanzania including women find themselves in the same situation. The exercise of violence removes away man’s freedom as discussed by Tillich that, “Mensch ist Freiheit, aber Freiheit in Einheit mit Endlichkeit”.99 That is, man is free but this freedom must be in unity and finitude. All the people including women need to be free in all sectors including economic, politic, and spiritual without leaving out the other areas of life. Domestic violence therefore deprives some people especially women from the opportunity of undertaking their daily activities.

Violence cannot be defined or worked upon without referring to the UN Declaration of human rights of the year 1948 with its 30 Articles. The declaration touches the important areas of man’s life which bases on their rights and freedom. In this declaration, the dignity of the human person is given a paramount importance. This dignity is maintained when there is justice, freedom and peace in the world. Among the articles there insists that, all human beings are born with equal dignity and rights. Everyone is entitled to all the rights and

97See Shelah S. Bloom, Violence against Women, A Compendium of Monitoring and Evaluation Indicators, USA, Franklin, 2008, p. 12. 98 Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, Tyrolia-Verlag. Innsbruck-Wien, 2002, p.11. 99 Erdmann Sturm, “Tillichs religioser Sozialismus im Rahmen seines theologischen und Philosophischen Denkens“ in Internationales Jahrbuch für die Tillich-Forschung; Religion und Politik, Band 4, 2008, p 19.

26 freedoms without basing on the race, gender, color, sex, language, other opinion and status. It furthermore insists on the liberty and security of a person.100

The UN Declaration which stands as our reference to the fight of the evil of violence; insists that, everyone has the right to be recognized and defended by the law. People should not be subjected to arbitrary arrest, detention or exile. Men and women are entitled to equal rights in marriage, and at its dissolution. The family as a fundament and a natural group is to be protected by the society and state.101 Everyone has the right to opinion and expression and a right to social security. It further insists that, everyone has the right to get the basic human needs such as food, clothing, housing, medical care and other social services. Moreover, motherhood and childhood has to be given a special care and assistance. Everyone one has the right to participate in the cultural life of the community and enjoy its benefits. It then describes that, the human rights and freedoms should not be exercised contrary to the purposes and the principles of the United Nations.102

The UN Declaration has treated and emphasized on the rights of all the people. The definition of violence it gives stands among all as our basic definition in the understanding of domestic violence. According to the UN Declaration on Elimination of violence against women no. 48/104 domestic violence against women is defined as “Any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life”103. The declaration goes further to stipulate what constitutes violence against women to include such acts as spousal battery, sexual abuse, rape (including marital rape), female genital mutilation (FMG), sexual harassment at work and trafficking in women.104 Tanzania as a country is affected by these acts of gender-based violence. According to Mutembei, there has been an increase in incidents of gender-based violence with statistics which showed that by the year 2013, 45% of women in Tanzania were undergoing gender-based violence of all forms.105 In most of the world’s countries domestic violence is the cause of the most violent attacks on women. Gender-based violence remains in many countries as the main source of violence against women, even when prohibited by

100 See un.universal.declaration.of.human.rights.1948.potrait.pdf, p. 3, Accessed 25/03/2019. 101 See un.universal.declaration.of.human.rights.1948.potrait.pdf, p. 1 3, Accessed 25/03/2019. 102 See un.universal.declaration.of.human.rights.1948.potrait.pdf, p. 12, Accessed 25/03/2019. 103www.un-documents.net/a48r104.htm, article1, Accessed14/10/2014. 104Ibid, article 2. 105 Kokuteta Mutembei “ Asilimia 45 ya Wanawake wanafanyiwa Ukatili” Mwananchi Newspaper ( March 13, 2013).

27 the law. Reardon, a professional person in community life; quoted the same words from the UN Declaration when defining domestic violence to show how the words were strong and important on the matter.106 This definition is very close to our subject on domestic violence against women which is always done in secret so that it is often described as one of the “world’s best-kept secrets”.107

Our definition above takes in it a heavy weight as far as it gives the possibility of the injury happening after violence. Our main definition can be compared to that given by Crosby, a Capuchin priest, who dealt with promoting corporate reform through socially responsible investing. He defined violence as any force that inflicts injury.108 In it he added that the force or injury can take many forms and can apply to all situations surrounding man. It can be physical or mental, individual or corporate, psychological or sociological, concrete or ideological, religious or spiritual. Violence as a concept must therefore be clearly studied and understood for it has lasting effects in the society.

Moreover; Merry, a Professor of Anthropology and a Faculty director of the centre for human rights and global justice in New York University school of law; adds in Crosby definition another very important aspect of culture. He argues that, although violence seems to be a straightforward category of injury, pain and even death; it is very much shaped by cultural meanings people have in mind and sometimes without seen the negative effects from these cultural beliefs. These beliefs together with the Patriarchal system of life have speeded up violence in many societies.109 The patriarchy system contributes a lot to violence against women as it controls the economic system of life where men benefit more than women.110 It goes without saying that, violence is above all a cultural construct. The social and cultural dimension of violence is what gives violence its power and meaning. It is within the societies that violence can be experienced and not outside it.

The World Health Organization is not far from the other discussed definitions but is stresses more on the decision and intentional use of physical force or power at any moment in life. According to Reardon, this can be done to anybody regardless of gender by either threatening another person or a community of people and as a result things like injury or death,

106 See Geraldine, Reardon, Power and Process, Oxford, Oxfam Publication, 1995, p. 67. 107See Samwel, Kunhiyop, African Christian Ethics, Hippobooks, Zondervan, 2008, p. 243. 108 Michael Crosby, OFM Cap, “Coming to Terms with Violence”, The CMSM Shalom Strategy, USA, 1996, pp. 18-20. 109See Sally Engle Merry, Gender Violence: A Cultural Perspective, Malden, Wiley-Blackwell, 2009, p. 4. 110 Gmainer Pranzl, Franz u.a (Hg), Verändern Gender Studies die Gesellschaft?, Frankfurt?/M., 2014, p. 20.

28 psychological harm, or deprivation can occur.111 This definition base much on those who think and feel to be more powerful than the others without mentioning men or women or a specific group but it insists that it can be so either by their physical make ups, by authority, by gender or by the fact of belonging to the Patriarchy system. But when one reads the argument between the lines will find that women are more touched and are mostly the sufferers. The World Health Organization goes further and divides violence into several groups such as self-directed, suicide or self abuse and interpersonal. It can also include family and intimate partner violence, community and collective violence, which is further subdivided into social, economic and political violence.112 All these bring the lasting effect to the society where women are highly affected. Violence should therefore not be taken as a normal system of life but been considered together basing on the people’s understanding of violence.113 The people in Tanzania are to be made aware that violence exists among them and the system favoring it is to be shunned.

The existence of violence in the societies occurs in faces or forms. These faces can appear or practiced together in a certain community or to individuals. Robinson, a pro-life advocate; has often enhanced our understanding of such forms of violence by considering them together and acknowledging the interrelationship between different kinds of violence.114 This is to say that many forms of violence can occur or practiced together. But a distinction between them is very important. Therefore from our elaboration on our main definition of violence and the related ones, we come up with these different forms of violence:-

The structural form of violence is a very important one as it gives the impact to the everyday lives of people but remaining invisible and normalized. We live in the structured world and communities where we find things even the evil ones as normal. This kind of violence is highly lived in Tanzania though not recognized by many even those women who face it at most. People are witnessed living according to races and only their own enjoy the benefits. This type of violence bases on individual benefits.115 The matters based on race, class, religion and others should be checked to both men and women so that all the people may enjoy the benefits together.116 Due to some structures, the rich use their material power to pollute the environment in different areas and the others nod their heads as a normal thing.

111 Geraldine, Reardon, Power and Process, Oxford, Oxfam Publication, 1995, p. 95. 112 Geraldine, Reardon, Power and Process, p. 95. 113 Gmainer Pranzl, Franz u.a (Hg), Verändern Gender Studies die Gesellschaft?, P. 14. 114See Victoria Robinson and Diane Richardson, Women’s Studies, London, Macmillan, 1997, p. 176. 115See Sally Engle Merry, Gender Violence: A Cultural Perspective, p. 4. 116 See Gmainer Pranzl, Franz u.a (Hg), Verändern Gender Studies die Gesellschaft?,p. 17.

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There are many displacements made and we just say yes to them. Many people in Tanzania are highly affected by structural violence. Structural violence is usually concealed or hidden in the umbrella of ordinariness, that life is so and hidden in the mundane details of everyday life. Merry, argues that, structural violence is intimately connected to more interpersonal forms of violence and it is sometimes hard to notice.117 This kind of violence has destroyed and made many areas of people’s life weakened to the extent of arguing that life is made to be so.

The Physical form of violence is concerned about beating or harming. It takes the form of physical fighting. Burke, who was an American lawyer, jurist, and political leader from North Dakota; argues in detailed form that, this fighting can be among men themselves or between men and women.118 It can also be applied in the families and schools where children are highly beaten as a punishment for a certain mistake committed.119 It happens also many times to the valid married people, where men beat their wives out of several reasons as our work proves beyond doubt. The beating appears also to those who are living in close relationships but outside marriage.120 There are other ways of using physical force apart from beating and all are objectionable and repugnant, for it is evil. According to John Burke; Battering of women is highly done perhaps the most extensive and the least discussed type of violence towards females in the Third World. Men in these countries have taken the opportunity of beating women basing on the patriarchy system which make them the soul master of life. Many women in these countries think that, it is right for them to obey everything said by men regardless of the truth of those given things or commands.121 This situation and system of life has affected many women in Tanzania. Lack of knowledge on violence has speeded up the evil.

117 Sally Engle Merry, Gender Violence: A Cultural Perspective, p. 5 118John Burke, Christian Marriage, Preparing for the Greatest Challenge in Life, Nairobi, Paulines Publications Africa, 2007, p. 77 119 The beating of school children when they fail to understand what they are taught in class during lessons or when they commit mistakes is something taken as a tradition in Tanzania. The government discussed about it and passed that, children should not be canned and if that is highly required, it must then be done by the Head teacher or headmaster. This is hardly followed due to different confusions and stress the teachers have as they attend the schools. The uncondusive environment in which they live, leads them to this kind of violence even without their understanding. http://ytxmp3.live/mp3/uhaba-wa-nyumba-za-walimu-geita.html, Assessed, 28/05/2018. 120 John Burke, Christian Marriage, Preparing for the Greatest Challenge in Life, p. 77. 121 John Burke, Christian Marriage, Preparing for the Greatest Challenge in Life p. 141.

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There are more other types of violence which are seen from our definitions such as denial of women rights of self preservation which is Rape122 and violence of sexual nature. It is important to note that in the Third World countries where Tanzania falls; factors such as class of people and ethnic background accentuate the vulnerability of women to one or more of these forms of violence where rape is included.123 There is a mentality or a kind of ignorance in some women especially from the third world countries that, once a woman is married, is then obliged to accept sexual act at any time when their partners need them. This is rape to its highest form. The reason to why this is happening is due to lack of education on matters pertaining to sex which are hardly spoken in many societies particularly in Tanzania which is our case study.

Moreover; Burke gives other forms of violence like verbal violence, which refers to abusive utterances to demean or to hurt. This may be done in private especially in the closed doors at home or in public, or it may also take place in the presence of the children, friends or others. This type occurs many times in the Tanzania families and as a result beatings occur. Many women interviewed especially those in the Catholic Diocese of Same, which is the home place of the researcher; proved this beyond doubt. They showed how men could not listen to them and embark to beating. One of them exclaimed, “When my husband asks me about something which is wrongly done, before I answer him, I find myself lying on the ground after been slapped”.124 Other forms of violence occur mostly in the marriage life. Others which occur in the families are such as lack of communication, keeping malice, refusing sex, withholding information and many others.125

The different forms or phases of domestic violence explained above can also be called domestic abuse.126 There are several abuses including physical. According to Davies; physical abuse is used narrowly to cover incidents of physical attack some not easily seen out and what may often start out as apparently minor attacks, can escalate both in intensity and

122 Rape as an act is a denial of women’s right of self preservation. Is an act of coercion that forces women into doing something harmful to them, against their own will. The rapist intrudes into the victim’s personal domain in a harmful way without her consent. Therefore, rape is a violation of women’s right to privacy. Rape is more an expression of hatred towards women than it is a sexual drive. Cf. https://en.wikipedia.org/wiki/Rape, Accessed, 26/03/2019. 123 John Burke, Christian Marriage, Preparing for the Greatest Challenge in Life p. 141. 124 A Catholic woman interviewed by the author in the Catholic Diocese of Same, Tanzania, June 2016. 125 John Burke, Christian Marriage, Preparing for the Greatest Challenge in Life, p. 78. 126 The term domestic abuse has been adopted by various agencies because it is regarded as reflecting a broader range of harmful experiences than is contained in the word ‘violence’. But, problematically, ‘abuse’ is also a minimizing term and has, for example, commonly used to accord lesser status to children’s experiences of physical and sexual assault and rape. The term ‘domestic’ can also be limiting because not all domestic violence takes place in the home. Violence from partners, ex-partners or family members can occur in other settings. Nevertheless, it continues to convey a common aspect of many women’s experience of violence.

31 frequency.127 This abuse can also occur in acts like hitting, slapping, and shoving, grabbing, pinching, biting, hair pulling and so on. This type of abuse also includes denying a partner medical care and this can even lead to partners death:-

The Tanzania daily papers, televisions and other broadcasting instruments including ‘Wanawake Live,’ in May 11, 2015; reported a domestic violence event: In one family living in Musoma region in Tanzania where many Kuria people live; occurred an incident where a husband poured hot water on his wife’s breasts. This was caused just by the act of this woman trying to reduce her hunger after a long work in the field. She just took one piece of maize to roast on fire while cooking for the family. The husband entered the kitchen and found her doing that. He just asked her for the reason of taking the maize without his permission. Before the answer, he took the boiling water, poured it on her and took her to the sleeping room where he closed her in. She stayed in with her burnt parts for two weeks without any treatment. When her friends and relatives stayed long without seen her, they asked the husband to know her where about. The husband told them that her wife had travelled. It came a lucky day to her when the relative passed outside the house and heard a woman screaming in strong pains. She broke the door and found her. She informed the police and the woman was taken to the hospital found in her district. She was found that, one of her breast was already cut off because she was strongly burnt. The woman was transferred to Muhimbili referral hospital in Dar es Salaam city. The president heard of this evil and paid for her treatment. The President did that because the family was poor to manage the treatment. The husband was arrested but he was later let free. Many people complained on why he was just let free without any punishment.128

This action and others resembling it has been witnessed in some families in Tanzania and if it happens that the partner dies; the husbands seem to look sad but in reality inner within their hearts are happy indeed.

There is also sexual abuse which occurs when the partner is forced to have sex without her consent. That is coercing or attempting to coerce any sexual contact or behavior without consent. There are men who think that they can have sexual acts with their wives at any time they want it, regardless of the condition of the woman.

A woman who is my relative and who lives around Kilimanjaro Mountain explained to me what she faces in her marriage. After I had seen that she was always unhappy; I dared to ask her of what she was facing in life. She explained to me that, her husband is always drunk and as he comes back in the evenings he does not mind where she finds her, what he needs is only sex. Even when he meets her in the kitchen cooking and in front of the children he forces her to enter into sex. So as a solution when she hears him coming; she runs to the bedroom to avoid shame before the children.129

127Miranda Davies, Women and Violence, Realities and Responses Worldwide, London and New York, Zed Books Ltd, 1994, P. 2. 128 See https://dobmovies.com/...maji-ya-moto-na.../4f9NDsPNdK0.html, Accessed 20/02/2018. 129 Interview made by the author in Marangu village in Moshi, August, 2016.

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This is rape within marriage and is evil. Connected to this are other abuses such as attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.130 It follows that, sexual abuse is highly practiced in many families in Tanzania but as far as taboos are concerned, they go unreported.

Furthermore, there is emotional abuse which is also known as verbal abuse. Human beings at times live in emotions. When these emotions are uncontrolled, then many evils can happen out of anger. The reality is that, undermining an individual's sense of self-worth and or self- esteem is abusive. This may include but is not limited to constant criticism, diminishing one's abilities, name-calling and mostly abusive names like referring to a person as a dog or cow or damaging one's relationship with his or her children. These occur in the families where the husband calls the wife these bad names including the children.131 The mental, psychological, or emotional abuse can be verbal or nonverbal. Verbal or nonverbal abuse of a spouse or intimate partner consists of more subtle actions or behaviors than physical abuse. While physical abuse might seem worse, the scars of verbal and emotional abuse are deep. Studies and experiences of many partners show that, verbal or nonverbal abuse can be much more emotionally damaging than physical abuse.132

Economic Abuse is another form in which due to patriarchy system and men’s mentality in many societies, men seem to see everything as belonging to them including the wife. Economic abuse is an attempt to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.133 This is highly exercised in the developing countries like Tanzania where many women are unemployed and automatically forced to depend on men for their survival. An interview was made between the author and a 40 years old man near Kilimanjaro Mountain who argued:-

The areas around Kilimanjaro Mountain live the Chagga tribe. Men from this tribe in the former days used to possess everything in the house. This area was famous for

130See http://www.justice.gov/ovw/domestic-violence, Accessed 16/02/2018. 131 See http://www.justice.gov/ovw/domestic-violence, Accessed 16/02/2018. 132 During the interviews, we came across an experience where a woman explained about an event where her friend woman committed suicide. This woman was caught ready handed by her husband in bed with another man after he had abruptly returned home from work. This woman decided to have sex with another man because his husband could not satisfy her when she needed his love. After he had caught them, he went silence for a week. Her wife decided to tell this story to her friend, the woman who explained this to us. Her friend advised her just to be calm and all would be well. But after two more days, this woman who was caught in adultery was found dead. This was caused due to husband’s silence. The wife could not read and understand her husband’s mind. 133See National Domestic Violence Hotline, National Center for Victims of Crime, and Women’s Law.org, Accessed 16/02/2018.

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coffee plantations and they used to harvest a lot of it which made them rich. Amazing was that, women did not benefit from the harvest. The plantations and animals reared in the house belonged to men alone. Today there is a big change of mentality but also because the older members of that generation who had such a violent mind are no longer living and the new generation has more understanding on wealth sharing.134

Moreover; there is a psychological Abuse: According to Davies, who is a researcher on several issues including women and violence; argues that some scholars use the term “domestic violence” to include psychological or mental violence which can consist of repeated verbal abuse, harassment, confinement and deprivation of physical, financial and personal resources.135 There are several elements of psychological abuse such as causing fear by intimidation and threatening others. It can also include physical harm to self, partner, children, or partner's family or friends. Moreover, it includes destruction of pets and property and forcing isolation from family, friends, school and work.136 Domestic violence as abuse touches the family as a whole.

The different types/ faces of domestic violence and abuse discussed here; challenges us to the great extent showing how it affects the society. Our work aims at trying to bring the awareness of the evil to Tanzanian society and suggest ways to encounter the challenge by responding to our central question on how the Roman Catholic Church in collaboration with the society in general contribute to the empowerment of women in Tanzania in the face of domestic violence.

Conclusion

The chapter has highlighted the background of Tanzania and explained widely on the question of violence in which the UN definition fits mostly to our work. Our second chapter will take us to the history of human rights in the country and will shed light on the country’s Constitution on the matters concerning protection of women rights. We will analyze the human rights situation with special consideration to women rights and their philosophical foundations as discussed by Martha Nussbaum, an American Philosopher and a Professor of Law and Ethics. The chapter will show us the efforts and steps taken by the Government and other Non-governmental Organizations in the fight against domestic violence. We have to

134 Interview by the author at Marangu Moshi, September, 2016. 135See Miranda Davies, Women and Violence, p. 2. 136http://www.justice.gov/ovw/domestic-violence, Accessed 16/02/2018.

34 note that, while only a minority of men is violent, all men can have an influence on the culture and environment that allows other men to be perpetrators.137

137 See Alan D. Berkowitz, Working with Men to Prevent Violence Against Women: An Overview (Part One), National Electronic Network on Violence Against Women, Applied Research Forum, Washington, 2004, p. 1.

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CHAPTER 2 THE HISTORY AND DEVELOPMENT OF HUMAN RIGHTS IN TANZANIA

Introduction

Our previous chapter dealt with the background of Tanzania and the meaning of violence. This chapter investigates, evaluates the existence and the practice of human rights in Tanzania. It looks at the pre and post struggle for human rights in the country. Most of the material used in this chapter reflects much on the Constitution of Tanzania.138 It looks at the Constitution139 and the defense of human rights while paying much attention on women’s’ rights which seem to be neglected or not openly stipulated. The participation and the position of women in the government is also reviewed in this chapter. The work of defending human rights in the country is done by the government, the Church and by the help of the non- governmental Organizations such as the Legal of Human Rights Center and many others which play a big role in the struggle towards equality of men and women in all areas of life. The chapter passes through those areas in the Constitution which gives chance for the perpetrators of violence against women to take a lead. The reality of domestic violence in Tanzania concludes our chapter. We have to be understood from the beginning that our intention here is not to criticize the Constitution or writing a new one; but to see the challenges in it which have contributed to the evil of domestic violence. All in all our Constitution is already old enough and the State is now in the process to the making of a new one.140

2.1 Meaning of human rights

According to Hill Green, who was an English philosopher; has defined the meaning of right in a New World Encyclopedia as “A power of which the exercise by the individual or by somebody is recognized by a society either as itself directly essential to a common good or as conferred by an authority of which the maintenance is recognized as so essential”.141 And according to Rwiza, a Priest and a moral theologian in Tanzania; right can be explained as a

138 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Dar es Salaam, 26th April 1977. 139Constitution refers to the fundamental and entrenched rules governing the conduct of an organization or nation state, and establishing its concept, character, and structure. It is usually a short document, general in nature and embodying the aspirations and values of its writers and subjects. There are many rules or laws that pertain to a society, but none of them can ever overrule the ones that are clearly stated in that country's constitution; See http://www.businessdictionary.com/definition/constitution.html, Accessed 21/02/2018. 140 http://hpolepole.blogspot.com/2015/03/making-new-constitution-for-tanzania.html, Accessed, 02/06/2018. 141http://www.newworldencyclopedia.org/entry/Thomas_Hill_Green, Accessed, 27/03/2019.

36 claim for an object but also a claim against someone that is respondent. It can also be explained as an interest that is a means of promoting individual welfare and also explained as trumps used by individuals to frustrate the overreaching collective demands made by large groups in society.142 The claim of a right shows that there is something missing on the part of the claimer. It is also a sign that someone in a community does not fulfill his duty as it is required. This failure to fulfill the duties was already seen by Cronin, a Priest and economist, in 1950s where he expressed that, when one fails to perform his or her duty well, conflict and confusion arises and makes somebody else feel deprived of something.143

There are several ways of evaluating a right and one of them is by looking at its origin. There are rights which are directly from nature like the right to live. When one is born to this world has already a room for his or her living basing on the responsibilities given to him or her. It follows, then, that, only God can terminate life. The dignity of all persons including the dignity and rights of women is to be considered and protected especially when considering the transmission of life.144 On the other side, the other human rights are conferred by law or by man. It is due to the nature of man, that man made laws are there so as to help and maintain the order of the creation. Man has failed to maintain the master plan of the creator and so to control him is very important. Therefore human rights exist to protect human vulnerability. Our world without man made laws to protect human rights; would be seen as uncomfortable place to live.

According to Nussbaum, a Professor of Law and Ethics; human rights exist to enable people to participate in a society. She argues that, human rights can be understood to be a claim of an especially urgent and powerful sort, one that can be justified by an ethical argument that can command a broad cross-cultural consensus, and one that does not cease to be morally salient when circumstances render its recognition inefficient.145 These mean that, a human right should be balanced and favor the needs of all the people in the required area or country. Human rights should not be derived from person’s particular situations such as of privileges, power or skill rather from the fact of being human.146

142 Richard Rwiza, Ethics of Human Rights, the African Contribution, CUEA Press, Nairobi, 2010, p. 6. 143 Rev. John F. Cronin, S.S., Catholic Social Principles The Social Teaching of The Catholic Church Applied to American Economic Life, The Bruce Publishing Company, Milwaukee, America, 1950, p. 76. 144 See Paul VI, Encyclical Letter, Humanae Vitae, Vatican Press, St Peters, Rome, 1968, no 1. 145 See Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, University of Notre Dame Press, Notre Dame, 1997, p. 101. 146 Martha Nussbaum, “Religion and Women’s Human Rights”, p. 101.

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All human rights must be protected by the law in a given country through a well established and approved Constitution.147 When one talks of human rights refers to a right that one has by virtue of being a human being. One has not to be a male human being or a female human being or educated human beings in order deserve a right. This stand is also the argument of the Fathers of the Church like Ambrose, Basil and John Chrysostom who according to Wolterstorff, an American philosopher and a liturgical theologian; just by the virtue of being a human being one has a right to something and to adequate means of sustenance.148 This is following the law of nature and the purpose of creation.

Human Rights and Fundamental Freedoms are the birth right of all human beings. Therefore, as already treated in chapter one; The UN Declaration which stands as our reference definition to the fight of the evil of violence; insists that, everyone has the right to be recognized and defended by the law.149 The protection and promotion of these rights is the first responsibility of all the people but led by the country’s constitution under the governments. The world at large has engaged in the protection of human rights in different occasions and it has not been tired in these struggles. The world faced several conflicts and wars including cold war which brought much effect to the people. These efforts towards the protection of the human rights were several times in life realized. One of these realizations was done in 1993 in Vienna-Austria, which was the first after the end of the cold war.150 The conference had in it the wide view of the human rights with the efforts on the issue of women rights and the minority rights. It considered also the universal political and economic rights which when violated; women and children become more sufferers than men.

We should keep in mind that having rights in books or in the country’s constitution is one thing and enjoying them in reality, is another thing. There are some groups of people which are always forgotten when one deals with human rights. The groups such as those of children and youth are seen to enjoy these rights through their parents or the elders around them.151 In reality these groups have a lot of rights which are to be dealt upon to make sure that all people live in peace and harmony. Rights protect life in different ways. By protecting and avoiding endangering life, man begins to fulfill the duty of preserving human rights.152 Man

147See https://www.equalityhumanrights.com/en/human-rights/what-are-human-rights, Accessed 18/02/2018. 148 Nicholas P. Wolterstorff, Journey Personal Encounters in the Global South Toward Justice, Baker Academic, Michigan, 2013, p. 130. 149 See un.universal.declaration.of.human.rights.1948.potrait.pdf, p. 1 3, Accessed 25/03/2019. 150See https://en.wikipedia.org/wiki/World_Conference_on_Human_Rights, Accessed 12/02/2018. 151 See John Wall, Children’s Rights Today’s Global Challenge, Rowman and Littlefield, New York, 2017, p. 2. 152 Karl H. Peschke, Christian Ethics A Presentation of Moral Theology in the Light of Vatican II, Vol II, Special Moral Theology, C. Goodliffe Neale Alcester, 1985, p. 343.

38 is not an Island, he or she is created to live with others and be responsible to one another. Right to life is the basis of all human rights and the mother of all human rights. All our efforts in dealing with human rights basing on different groups; aims at the protection of life. Hence, by dealing with the question of human rights in Tanzania we prove that, the right of life is a fundamental right to protect a fundamental good. This applies not only to women but also to all the people who in reality need them for their survival now and in the future generation.

Right to live is a most fundamental right and the family rights are closely connected to it. The rights of the person, even though they are expressed as rights of the individual, have a fundamental social dimension which finds an innate and vital expression in the family.153 Family rights touch women and their children in a close way but without forgetting men. When women rights are deprived, the big part or the whole family is endangered. Therefore, our concern of the history and development of human rights in Tanzania is very important as the families are highly touched. The history of human rights in Tanzania gives us a wider chance to discover, tackle and suggest some solutions to the domestic violence against women.

2.2 Pre and Post-colonial struggle for Human Rights in Tanzania

The history of human rights in Tanzania cannot be explained without mentioning the events of the past before independence in 1961. During colonial rule Tanganyika (now Tanzania) in 1890 was split into different areas of influence by treaties made by German, British and the Sultan of Zanzibar.154 Colonial rule had many negative effects including slave trade where men were taken to the sisal plantations and others subjected into severe tortures leaving women and children behind suffering from lack of their daily needs.155 Undoubtedly, the greatest profits from the slave trade went to both Americas and the European lands.156 By the colonial domination, violence was experienced by the Tanzanians which led to the fight for independence through resistance. The resistance was organized region wise as the northern part was under chief Mirambo from Nyamwezi known as a charismatic.157 The southern part resistance was led by Mkwawa from Hehe tribe and the eastern part under Mangi Meli from the Chagga tribe whose people live around the Kilimanjaro, the highest mountain in

153 See Charter of the Rights of the Family, to all Persons, Institutions and Authorities concerned with the mission of the Family in Today’s World, Holy See, Vatican, 1983. 154 See Rogate Mshana, The Economic Impact of Germany Colonial Rule and the question of reparation, 2005, p. 1-4, Accessed, 02/06/2018. 155 Ernest Mallya, Women NGOs and the Policy Process in Tanzania: The case of Land Act of 1999, African Study Monographs, 26(4): 183-200, University of Dar es Salaam, 2005, p. 185. 156 UNESCO, The African Slave Trade from the Fifteenth to the Nineteenth Century, Haiti, 1978, p. 21. 157See https://en.wikipedia.org/wiki/Nyamwezi_people, Accessed 21/02/2018.

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Africa.158 Tanzanians fought against the German colonizers in the years 1905 to 1907 and this resulted to Maji maji war led by Kinjekitile Ngwale in the southern part of the country.159 This Maji Maji uprising was brought to end by the German’s firearms.160 It is by the year 1919 after the First World War the German colonial domination ended and the British dominion took over.

The fight for the human rights went on country wise in subsequent years. Tanganyika moved towards self government and independence on 9th December 1961. It was under Tanganyika African Union (TANU) that it became an independent nation and later a Republic headed by the first President His excellence Mwalimu Julius Kambarage Nyerere as the Father of the nation. During this time, women as an important and special group of people in the country were considered. Thus, some women Organizations in the Tanzania mainland (Tanganyika by then) were formed which included Women’s service League, Mothers Union and Tanganyika Council for Women. But these did not serve the needs of the peasant women as they were formed by the wives of the elite people in the country.161 The movement went on till the union of Tanganyika and Zanzibar. Zanzibar which was also under sultanate by the time, continued in her struggle towards independence and the year 1964 became a history where sultanate was overthrown and the Afro-Shirazi Party came into power.162 In 1964 April the two independent states united and formed the now United Republic of Tanzania under their founding fathers.163 It was in February 5, 1977 TANU and ASP parties merged and formed CCM a ruling party to current. It is within TANU, the new UWT that is; Women Union Association was formed under the patronage of the President aiming at fighting for women rights.164 The government of Tanzania continued with its efforts towards the establishment of women rights where BAWATA (Baraza la Wanawake Tanzania) that is, Women Council Association was formed. But with the introduction of multi-party system, BAWATA was challenged by the government for the failure to give the account of money to

158See https://en.wikipedia.org/wiki/Mangi_Meli, Accessed 21/02/2018. 159See http://www.blackpast.org/gah/maji-maji-uprising-1905-1907, Accessed, 02/06/2018. 160 Rweyemamu, S., The Catholic Church in Tanzania, Peramiho, 1985, p. 13. 161 Ernest Mallya, Women NGOs and the Policy Process in Tanzania: The case of Land Act of 1999, African Study Monographs, 26(4): 183-200, University of Dar es Salaam, 2005, p. 186. 162See Pius Msekwa, Tanganyika’s Independence Struggle, 2002, Dar es Salaam, p. 40. 163The founding fathers of Tanzania and Zanzibar who are Mwalimu Julius Kambarage Nyerere and Abeid Karume realized from the beginning the importance of living together as brothers and sisters. Despite the fact that this unity resulted and had more influence from the two men; its political, social and economic outcome cannot be ignored. This unity goes on today with many positive effects but also with some challenges. The two Governments are in their struggle towards the solutions to the present challenges. See https://www.dw.com/en/julius-nyerere-tanzanias-founding-father/av-42093430, Accessed, 27/03/2019. 164 Ernest Mallya, Women NGOs and the Policy Process in Tanzania: The case of Land Act of 1999, p. 187.

40 it and as a result this Organization did not last long.165 The many organizations in collaboration with the government continued the struggle in defending the human rights. In this fight many politics were involved without leading to war, and therefore making it to be one of the countries in Africa without war.166 Till then many women organizations have been formed such as TAMWA (Tanzania Media Women Association), TAWLA (Tanzania Women Lawyers Association) and many more as our work will show. These organizations aim at the enforcement of women policies and the struggle towards the eradication of violence in the country.167 The different Presidents in their different ruling times have done a lot to eradicate domestic violence against women.

According to the ISS168 paper directed to Southern Africa region addressing the election in Tanzania; commented that the election of Kikwete in Tanzania by a large margin, and the absence of any challenge to the legitimacy of the regime in the country, provides the Southern African region with an opportunity to build a security structure based on democratic and legitimate regimes. His regime was taken as a great help in the solution to the evil of violence.169 Today the country is under the fifth president His Excellence Dr. John Pombe Magufuli who was elected in 2015 and he continues the struggle towards human rights and the development of the Tanzanian economy.

2.3 The Constitution of Tanzania and the defense of human rights

The history of the Constitution can be traced from the year 1961 when Tanzania (the former Tanganyika) got its independence. The Constitution of the United Republic of Tanzania was formed in the year 1977. Its first version was written in “Kiswahili” as the official language of the country. It is termed as “KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA YA MWAKA 1977”. That is, The Constitution of the United Republic of Tanzania of the year 1977. After its formation there have been several amendments so as to

165 Ernest Mallya, Women NGOs and the Policy Process in Tanzania, The case of Land Act of 1999, p. 189. 166 National Bureau of Statistics, Tanzania Demographic and Health Survey, Dar es Salaam, USAID & NBS, 2005, p.15. 167 Ernest Mallya, Women NGOs and the Policy Process in Tanzania, The case of Land Act of 1999, p. 189. 168ISS refers to the Institute for Security Studies (ISS). Its vision makes it one of the stable and peaceful seeking in Africa. It is characterized by a respect for human rights, the rule of law, democracy and collaborative security. As an applied policy research institute it has a mission to conceptualize, inform and enhance the security debate in Africa. The Institute supports this vision statement by undertaking independent applied research and analysis; facilitating and supporting policy formulation; raising the awareness of decision makers and the public; monitoring trends and policy implementation; collecting, interpreting and disseminating information; networking on national, regional and international levels; and capacity building. 169See Julius Nyang’oro, The 2005 General Election in Tanzania: Implications for Peace and Security in Southern Africa, ISS Paper 122, Institute for Security Studies, Pretoria-South Africa, 2006, p. 5.

41 suit the needs of the people. The thirteenth amendment of the year 2000 through act no. 3, introduced four major changes relevant to women. Among the changes were based on removing the problem of gender discrimination, allowing women to have 30% Parliamentary seats and the establishment of the Commission for Human Rights and Good Governance.170

Tanzania is a democratic country with a Legislature and Judiciary which is independent and free to dispense justice without favoring anybody. Both have the duty to ensure that all human rights are preserved and protected, together with making sure that the duties of every person are faithfully discharged.171 The Constitution has ten chapters. Chapter One- part III speaks of Basic rights and duties which came through the amendments. That means from the beginning of the Constitution, there was no article on human basic rights and duties. When these rights are valued, suffering perishes. Suffering refers to an affliction of feeling as it is argued by the thinkers like Epicurus, Jeremy and Bentham. It denotes the feeling of pain. Suffering can also include all sorts of afflictions.172 In the objective sense it is synonymous to calamity or misfortune.

The Constitution of Tanzania forbids all exclusions in life basing on race, gender, tribe, economic status, nation, and place of birth or the condition of a person. It goes without saying that, it values the life of all people as equally the same. It stresses on the freedom, equality and protection by law of all the people.173 Among the exclusions mentioned; sex exclusion takes a major part.174 The Constitution refers to sex and not gender. Hardly has the Constitution the word gender which sounds better when referring to violence. Already people dealing with human rights and justice especially of women had already seen this exclusion and began a fight against it by informing them through several writings and seminars.175 After its amendments, the Constitution uses important terms such as right to life which is the mother of all rights. It enumerates other rights such as right to work, right to good wages, and right to education. Moreover, it mentions the right to health services, women rights, children rights, refugee’s rights, rights of persons with disabilities, rights to employment, rights of the

170 See Tanzania Women Lawyers Association (TAWLA), Position Paper on Gender Mainstreaming of the Constitution Review Process of Tanzania, p. 14. 171 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Dar es Salaam, 26th April 1977, p.12. 172See Jamie Mayerfeld, Suffering and Moral Responsibility, Oxford University Press, New York, 1999, p. 3. 173See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no.15- 16. 174 See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Article no. 13. 175 See Kaleb Gamaya, Mackphason Buberwa, etalii; Zijue Haki za Wanawake (Know the women rights) Chama cha Wanasheria Tanzania Bara (Tanganyika Law Society), kwa ufadhili wa Taasisi ya Legal Service Facility (LSF), 2016, p. 3.

42 elderly and rights for the minority groups.176 All these rights are mentioned in the Tanzanian Constitution without explaining in detail what they consist. This brings a challenge on its implementations.

Despite the inclusive of rights within the Constitution of Tanzania, it uses the term “every person”177 almost in every article without mentioning man or woman. The failure to mention man or woman in it prevents one from seeing the violation of concrete groups. The mention of rights of men and women clearly would have helped to make the society and perpetrators more aware of the violence. In reality women and children rights are foreseen and not directly written. This has led to more suffering of these groups. Therefore the amendment of the Constitution has to consider them as our work will suggest in the recommendations.

Moreover, the government of Tanzania does not lead or govern basing on religion. This has given it enough room to deal with the perpetrators of human life in different religions. There are religions whose religious codes and laws allow death especially of women when caught in mistakes such as adultery. In Islam religion and here referring to some countries like Iran; some women suffer this kind of violence as Nussbaum elaborates in her work on Religion and Women’s human rights on the Muslim dress code:-

In Iran the penalty for women who do not adhere to dress code is between 34 to 74 lashes with a whip. Some women in Iran were punished with extreme cruelty and other went off ending up paying a fine. Due to the hard punishment facing women and girls; it occurred that one of the 13 year girl committed suicide by throwing herself out of a fifth-floor window in the year 1991. This event brought a heavier punishment than before and in the same year following the event; the Prosecutor declared that anyone rejecting to wear Hijab; that is, Islamic cloth for women that covers from the head then the punishment for apostasy under Islamic law is death.178

The countries whose laws are based on a certain religion are to be carefully observed. With such governance, the government adheres to them and cannot defend its people. Following these treatments of violence within religion; some countries chose to be independent from religion. Tanzanian government, in which almost half of the people are Moslem as explained in chapter one, chose to be free from religion and all perpetrators are punished by the country’s law. The country does not recognize the religious laws as instrument to lead the people.179 This helps the women to be free from forms of violence based on religion. The

176 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, chapter one, no. 3. 177 See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no. 29. 178 Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, University of Notre Dame Press, USA, 1997, p. 97. 179 See http://www.thearda.com/internationalData/countries/Country_219_1.asp, Accessed, 02/06/2018.

43 defenders of human rights in Tanzania have seen how women are discriminated in the name of religion. They have researched and discovered how women in other countries suffer. For instance; in the year 1978 in India; a Muslim woman was dismissed by the husband after living together for 44 years and according to the Islamic law; restitution was to be paid to the wife. The husband appealed basing on the same law and the woman did not get her restitution. It was later in 2000 that the government in India adopted a new civil code.180 The same religious laws came up in the parliament in Tanzania. Tanzania as a country has rejected to pass such laws which allow Muslims to have their personal Courts where they can solve all problems especially those pertaining to women. The Parliament rejected the discriminatory events against women recognized in many parts of the world basing on religion. Tanzania as a country rejected to recognize the secular Constitution of the Islam religion called Islam Court in Swahili, “MAHAKAMA YA KADHI”181 which could give a room for women discrimination within the Muslims themselves but especially women who are mostly seen as discriminated by such Muslim laws.

2.3.1 The Constitution of Tanzania and women rights

According to Mutungi, a research scholar of the foreign Policy program and a feminist in Tanzania; she argues that, Tanzania's current legal framework has failed to address women's rights and gender equality.182 This is due to the prolonged and continued existence of forced child marriages, killings of elderly women, female genital mutilation and limited access to reproductive health services. There is a doubt whether the said new Constitution will carter for this need as male dominancy takes root in the country.183 The problems of violence are not dealt upon at the grassroots something which make the evils persist especially in the rural areas. As one reads the proposed new Constitution which has never been actualized, it does not even address all the abuses against women but makes several provisions to recognize women's rights. Some of these women rights are such as right for mobility and assembly and education rights.184 How have women and other feminists in Tanzania come across the fight

180 See Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, p. 95. 181 “MAHAKAMA YA KADHI” is a Swahili statement which means a special Court belonging to the Muslim Religion in Tanzania. It exists within their religion as it is for the courts in the Catholic and other religions. But the Muslims demand was to let it be passed officially by the parliament and be funded by the government. It was to be given more power to discriminate women, if at all it was passed by the government. Many women could miss their rights because the said court could give a judgment basing on Islam which has many discriminative events to women. Thanks to the government of Tanzania for rejecting to pass the Bill. 182 See http://allafrica.com/stories/201611160049.html, Accessed, 03/06/2018. 183See http://allafrica.com/stories/201611160049.html, Accessed, 03/06/2018. 184See http://allafrica.com/stories/201611160049.html, Accessed, 03/06/2018.

44 against women discrimination basing on the Constitution before a new one is formed? This remains a challenge to the Tanzanians and all those who are for the equal rights for all.

The women rights movement in Tanzania cannot be mentioned without referring to the Worldwide Women’s Rights Movement which marks July 13, 1848 as its beginning.185 This revolution was brought by a Tea meeting of some women in the Wesleyan Chapel in Seneca Falls on July 19 and 20, 1848.186 They reached to this decision after seen that some rights were deprived from them. Men were enjoying different benefits as compared to women. Some of the rights deprived from them were women admission in some Universities; limitation of women to participate in Church services, married women had no property rights and many more. The position of women in all sectors of life was considered not as important as that of men. As a result, the year 1998 marked the 150 years Anniversary of the women’s’ movement in America. The argument from these women was grounded on the truth that, all men and women were equally created and that they are endowed by their Creator with certain inalienable rights; among them been life, liberty, and the pursuit of happiness.187 Therefore women had much to be proud of in the legacy of the Women’s Rights Movement, and a great deal to celebrate the anniversary.

According to Hosken, a writer, feminist, and social activist; women rights refer to those needs, necessities and entitlements which are missing and therefore claimed for women and girls. It is this great need that brought women’s rights movements of the nineteenth century and feminist movements during the twentieth century.188 Women rights were further recognized in the Universal Declaration of the Human Rights of 1948. The declaration declared that all human beings are born free and equal in dignity and rights.189 The declaration was to make sure these women rights are protected by the International community. Despite the presence and participation of some countries in the international community each country has to put individual effort in defending women. In some few countries the success has been seen due to the freedom of expression and the efforts of other organizations dealing with women. In many countries women’s freedom of speech is

185http://www.nwhp.org/resources/womens-rights-movement/history-of-the-womens-rights-movement, Accessed 7/4/2018. 186http://www.nwhp.org/resources/womens-rights-movement/history-of-the-womens-rights-movement, Accessed 7/4/2018. 187http://www.nwhp.org/resources/womens-rights-movement/history-of-the-womens-rights-movement, Accessed 7/4/2018. 188 Fran P. Hosken, “Towards a Definition of Women’s Rights”, (1981), Human Rights Quarterly, Vol. 3, No. 2. pp 1-10. 189 Refer http://www. jus.uio.no.sisu; United Nations, Universal Declaration of Human Rights, General Assembly, 1948, Article 1, p.13, Accessed, 22/02/2018.

45 hindered and this makes them remain blind of their rights. The world human rights report of the year 2015 showed that, women make up half of the world’s population but they are only fifth of the world’s decision makers.190

The United Republic of Tanzania has for a long time a said concern on women and their rights. It has nevertheless followed and entered into agreements started by the other countries or international organizations. In 1979 an International Agreement known as ‘Mkataba wa Wanawake’, (Women Agreement or contract) was signed and passed by the United Nations to be used. From 3 September, 1981 it begun and Tanzania agreed to be a member in 19/09/1985.191 The aim of the agreement was to remove all the economic, social, political and other indifferences planted on women. They also intended to make the member countries insert equality on laws especially those concerning women in their country’s constitutions. The agreement needed that, the countries insert punishment of all problems against women rights so as to be clearly seen and followed. Furthermore, the agreement intended to protect women rights, to remove all the laws torturing or undermining women, to remove all the customs, taboos and traditions which colonize women and many more.192 Tanzania been the member in several institutions, in 2003 there was another Agreement signed in Maputo- Mozambique. But till August 2004 only four countries of the African Union had agreed to join it and Tanzania signed it in 5 November of the same year. It was known as Maputo Agreement contract made to protect women rights in Africa. The agreement had many necessary points as a fight against Female Genital Mutilation which costs the life of many women and young girls in the world. The role of the government is to protect its people and in collaboration with them, work for their rights and needs. The question is; In the face of all these efforts to establish women’s’ rights in the Constitution how come that these rights are not put into practice? Obviously, this is the most important problem in almost all countries of the world including Tanzania. Despite the fact that Tanzanian government has taken much efforts against violence, it still persists.

2.3.2 Women position in the government of Tanzania

Women participation in election and governance in Tanzania has been a problem since independence. They were taken and still taken as incapable in leadership. According to

190 See http://www.theguardian.com/advocacy/one-world-action. Accessed 26/09/2015. 191 Kaleb Gamaya, Mackphason Buberwa, etalii; Zijue haki za Wanawake (Know the women rights) Chama cha Wanasheria Tanzania Bara (Tanganyika Law Society) kwa ufadhili wa Taasisi ya Legal Service Facility (LSF), 2016, p. 1. 192 Kaleb Gamaya, Mackphason Buberwa, etalii; Zijue haki za Wanawake, p. 2.

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Nussbaum; nobody is to be prevented from participating in politics. The Rights of political participation and speech is for everybody. Many women especially in Tanzania are prevented from this due to some political and religious reasons. Women enclosed in due to religious reasons have no time for politics and speech in many areas.193 Section one of the Constitutions is about the Union, Republic and People and paragraph (5) speaks about the right to vote. It states that any citizen above 18, women included can vote.194

In the history of the government of Tanzania, some women have got some chances to lead and have always faced challenges. Some have been directly elected by the citizens and others have been appointed by the president as the Constitution allows him. Their presence in the government has been of great importance as they use much of their time to defend all citizens including fellow women. There are missing voices of these women especially when it comes to some important discussions and decisions’ making in the parliament. It is therefore very important to listen to women’s voices and their points of view. It is obvious that men and women have different way of moral imaginations and ways of looking at things. Some women have a high thinking capacity and good leadership skills as compared to men. But it seems that men tend to compete only for their rights. They live with women as if they don’t exist among them. They even make laws that mostly favor them and let the voice of women neglected whenever they rise them up in the parliament and even in the government.195 It is important that women find the courage to raise their voice in public, even when they think that they are not listened to. In a traditional thinking, women tend to be the “shy and good girl” and remain silent while leaving it to men to speak out their opinion. This is more a question of education on the matter as our work in the recommendations will stipulate. The government of Tanzania under its president is still struggling to make sure that women are listened to and adhere to their thoughts.

The non-governmental Organizations have also worked a lot to help women’s voices in the government be heard. The Legal and Human rights center informs the society all that takes place with regard to human rights. They consider women rights in a special way because the government system does not have much consideration to special groups. In the year 2006 the human right center reported a slight increase of women in the parliament, Government

193See Martha Nussbaum, “Religion and Women’s Human Rights”, in Religion and Contemporary Liberalism, p. 112. 194See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no. 5. 195 See Sandra Harding, „Die auffällige Übereinstimmung feministischer und afrikanischer Moralvorstellungen. Eine Herausforderung für feministische Theoriebildung.“ in WEIBLICHE MORAL Die Kontroverse um eine geschlechts-spezifische Ethik Campus Verlag, Franfurt/ New york, 1991, p. 163.

47 departments, institutions and Ministries. In 2005 election, women got more seats. The information from the Parliament Website confirms that, in the mentioned year a total of 75 women were under the Special Seats in the Parliament which has 265 constituencies.196 Special seats are for those women who are appointed by the President to take different offices.197

Recently in the year 2018; the parliament and different government sectors have many elected and appointed women. These women have brought many challenges in the parliamentary discussions. The country has recently come across some women parliamentary members like Halima Mdee and Esther Bulaya 198 who were chased from the parliament and punished to be out for one year. This happened during their fight for the peoples’ rights in their constituencies. Mrs Samiah Suluhu Hassan, the Vice-President of the United Republic of Tanzania, is a woman who plays a great role in the fight for the human rights. Her presence in the government is due to the efforts of the current President Dr. John Pombe Magufuli who appointed her as a co-candidate for the presidential elections and her position came automatically as their party had won.199 The presence of more women in the parliament can help in eradicating violence against women. Their participation and influence in the parliament discussions shows that things have chances to change.

Furthermore, the former president of the United Republic of Tanzania his Honorable Jakaya Mrisho Kikwete, in September 27, 2015 attended a meeting about gender equality in New York with the theme; ‘Empowering Women, Empowering Humanity Picture it.’ He informed the members about his efforts towards empowering women. His government decided to join a forum of eradicating all gender inequalities by agreeing to a Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).200 He proved them how women chances in the parliament had increased from 21.5% to 34.5% in the year 2015. At the same time there was the establishment of the Community Bank which lends money to women to enable them engaging into small businesses.

196 See https://en.wikipedia.org/wiki/2015_Tanzanian_parliamentary_election, Accessed, 27/03/2019. 197 See www.parliament.go.tz, Accessed 15/02/2018. 198 Ms Halima Mdee (Chadema-Kawe) and Ms Esther Bulaya (Chadema-Bunda); are parliamentary members from the opposition party- CHADEMA. This party poses a great challenge to the ruling party through its representatives in the parliament. Due to this, they face a lot of challenges including been chased from the parliament. Sometime the reasons for that are not clear. But one of the reasons; is just because they are women and they think big to the extent of making some men in the Parliament feel uncomfortable. They were accused of misconduct in debating chamber. But what comes in many people’s mind and thoughts, is that, they were discriminated as women. 199https://en.wikipedia.org/wiki/Tanzanian_general_election,_2015, Accessed 23/02/2018. 200 See http://www.mjengwablog.com/jamii/item/22539-tanzania-yatangaza-hatua-tano-za-kuendeleza-haki-za- wanawake-na-usawa-wa-kijinsia.html, Accessed 19/07/2017.

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2.4 Non-governmental organizations on human rights

The Legal and Human Rights Centre (LHRC)201 takes a lead on matters pertaining to the defense of human rights. It evaluates the human rights by looking at the lives of people in all angles of life. The primary objective of the LHRC is to create legal and human rights awareness among the members of the public and in particular the underprivileged and vulnerable sections of the society. They do this through human rights and civic education, trainings, advocacy, research, follow-up (monitoring) of human rights abuse and the provision of legal aid. This centre has done a lot to bring people into awareness of their rights in the country.

The Legal and Human Rights Centre is the most active human rights organization center in the country. It faces the events of violation of human rights immediately as they occur and without fear. The greatest challenge they face in our times is the said use of force and intimidations of the current leadership in Tanzania which seems to be a ‘dictatorship’202 type of government. To use the word “dictatorship” in Tanzania sounds queer as far as democracy is concerned. Tanzanians have currently witnessed some actions against human rights like unlawful killings of some people; some led by the policemen which is out of their working codes.203 Several killing attempts directed to the ruling and opposition leaders have been witnessed. There are many incidents of terrifying people including some Parliamentary members. Some have been shot and took long time in hospitals and others have just disappeared and they are yet to be found. For instance, one of the parliamentary members shot was His Honorable Tundu Antipas Lissu.204 He was attacked by the unknown people and the reasons for the attack are yet to be known. The security force in the country is still under investigations of this event. This great sad event was condemned by many people inside and

201 LHRC is registered in Tanzania as a private, non-governmental, non-partisan and non-profit making organization. It has been an autonomous and independent entity since its registration in September 1995. It works a lot for the country. Its contribution cannot be undermined. 202Dictatorship refers to a form of government in which a country or a group of countries is ruled by one person (a dictator) or a system whereby the policy and power is exercised through various mechanisms right or wrong aiming at ensuring that the entity's power remains strong; See https://en.wikipedia.org/wiki/Dictatorship, Accessed 25/02/2018. 203 Ted Dagne, Tanzania: Background and Current Conditions, Congressional Research Service, 2011, p. 7. 204 Honorable TUNDU ANTIPAS LISSU is a Parliamentary member elected through the law to represent his people of South SINGIDA region. He comes from country’s strong opposition party called CHADEMA. He is a lawyer and also the President of the Lawyers in the country. There was a great and a sad event which happened to him as some unknown people gunned him. This event happened at his residence in Dodoma city in 7th September 2017. He was returning home for lunch after the morning session in the parliament. Many bullets were thrown to him but he survived. He attended treatment in several hospitals within and outside the country including Belgium where he is to date; See www.theeastafrican.co.ke › News, Accessed 25/02/2018.

49 outside the country including the president. Honorable Lissu is always a fighter for the human rights as he challenges the government without fear. He defends all people regardless of gender. He is the voice of the voiceless who are mostly women. Among the non- organizations which dared to condemn this evil was LHRC.205

The Legal and Human Rights Centre in Tanzania has been working and reporting about the human rights issues progressively from 2002 to 2006.206 The year 2006 was peculiar as far as governance and human rights are concerned. It was one year after the fourth President of Tanzania His Excellency Jakaya Mrisho Kikwete; commenced his five years after the general election in 2005. He came up with a new slogan which aroused the hearts of many people in the country.207 Everyone kept vigil to see how the country would be governed, and how the human rights situation in Tanzania would proceed. This was due to the big hope he brought to the people during his campaigns. He promised to practice and allow the freedom to all. He explained about the already seen improvements in some areas such as in the keeping of peace and order.208 The words of the President speeded up the LHRC movement and other centers in defending the human rights.

The presence of many Organizations in the country like LHRC, several Radios and Televisions help in the improvement of human rights. They inform, educate and give some solutions to the problems. Haki za Wanawake and Development (HAWA) as another organization in Tanzania helps in the education of women. It works by airing out what happens especially on women. They work through the partnership of ‘Wanawake Live TV’209 Company which reaches the whole of East African regions. This Company has programs such as ‘Wanawake Live show’ which is aired on the East African independent Television. There are other television programs like ‘Dada Jijue’ and ‘Ndoano’210 which are Swahili Television Channels aired on Star TV which is viewed by almost all the East African

205 See www.aljazeera.com>news>2017/09>t, Accessed 16/07/2017. 206 Hellen Kijo Bisimba etalii; Legal and Human Rights Centre, Human Rights Report for the Year, Justice Lugakingira House, Dar es Salaam, 2015, p. 9. 207 “NGUVU MPYA, KASI MPYA, ARI MPYA NA WANAWAKE WATAWEZESHWA” That means, it is the time for a new life to the people. New energy, new speed, new hope and women will be greatly considered and enabled to manage their life. 208 Hellen Kijo Bisimba etalii; Legal and Human Rights Centre, Human Rights Report for the Year, p. 11. 209Wanawake Live TV is a Kiswahili Television channel which shows women programs. These programs are educative to women and the society at large. In this television women talk to the fellow women and educate them on how to believe in themselves, work hard, avoid dependence on men and encouraging them that, they are able and they can do many things alone as men are believed to do. 210 ‘Dada Jijue’ means sister know yourself. And ‘Ndoano’ is a kind of life where a man and woman or husband and wife live together unfaithful. In the course of living they find themselves doing funny things to each other. These things can bring either one or both of them into a trap. It also denotes a net or an instrument used for fishing.

50 countries. These programs aim at empowering the most vulnerable women and girls to enable them understand, learn and change the social norms that condone violence against women and girls. They also deal with Building political will, legal and the government capacity to prevent and respond to such violence.211 The broadcasting helps also in giving ways and providing support services to the survivors of such violence.

Moreover, many individual persons have devoted themselves to the writing about women rights. According to Mwang’amba; a woman and the Executive director in the Center for Widows and Children assistance (CWCA); argues that several writings on different issues especially those basing on the vulnerable groups; are very important. She cites the International Agreement on the social, economic and traditional justice of 1966. The agreement tackles the issues on economic justice basing on the right to work in a suitable environment, right on family protection and other social rights which have helped to make the society aware that the evil of violence is a reality.212 Many Tanzanians have no culture of reading but the few who read, send the message to others during seminars and in the broadcastings. According to Bevilaqua, a feminist; further writings have helped the perpetrators and women themselves to be aware that violence is evil. Thus, CEDAW requires incorporation of equality into their legal system, establishment of tribunals and other institutions to protect women from discrimination, and ensuring that women have equal access and opportunities in all areas of life.213 It mentions equality in employment and equal payment between men and women who are having the same work. This is reflected by the Constitution of Tanzania.214 It also expresses and works against women seduction in places of work. It has happened in many places in Tanzania that, some women are employed to satisfy their male employers in sex. Some women agree to it because they have no any other alternative. But the Organization helps women recognize this behavior as evil. It also makes the society recognize works of women done at homes.215 Most of the time house works which cost the time and energy of many women are taken as nothing. Many women end up receiving beatings and insults that continue making them useless fellows.

211https://www.linkedin.com/company/haki-za-wanawake-and-development, Accessed 19/07/2017. 212 See Utti Mwang’amba, Shirika la Wanawake katika Sheria na Maendeleo Barani Afrika (WiLDAF), Dar es salaam, 2016, p. 2. 213 Jacqueline Bevilaqua, Maria-Elena Kolovos, eds., Women’s rights in Tanzania, Peer Education Training & Community Empowerment, Fordham Law School, New York, 2010, p. 6. 214 See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no. 22 and 23. 215 Utti Mwang’amba, Shirika la Wanawake katika Sheria na Maendeleo Barani Afrika (WiLDAF), 2016, p. 2.

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The Tanzania Media Women’s Association (TAMWA) is another non-profit sharing, non- governmental and non-partisan organization. This Association has over 100 members who are well educated with a minimum qualification of Diploma in Journalism and three year’s work experience in the media industry. Members are working in public and private media houses as editors, reporters, program managers, producers, public relations and communication officers. Their greater experience has helped in the defense of women rights.216 Their education and experience has enabled them to get much information about violence against women despite the challenges connected to it. TAMWA as an institution in 09 June 2017 met the journalists and discussed many things regarding gender. The journalists presented the challenge on how difficult it is to obtain data on violence against women in Tanzania.217 Nevertheless, the members encouraged themselves to use more of their skills so as to continue the struggle.

Generally, there are many meetings conducted in Tanzania to see on how to defend women and their rights in the regional, national and international level. In January 04, 2017; a meeting was conducted aiming at capacity building to different Organizations dealing with women to see on how to reconstruct the laws which seem oppressive to women. It was prepared by the Women Laws Association of Tanzania (TAWLA), that is, ‘Chama cha Wanasheria Wanawake Tanzania’.218

2.5 The neglected areas of violence against women and girls in Tanzania

Domestic violence in Tanzania is a reality despite the efforts done to eradicate it. We have seen the efforts of the government, non-governmental organizations and private individuals. The intimate partner violence is still taking root in our Tanzanian generation. The WHO Multi-country Study on Women’s Health and Domestic Violence in which Tanzania is the participant; indicates that women experience violence more than men. It is due to the ignorance of the law to many citizens which speeds up the evil. Eventually, domestic violence against women is particularly difficult to effectively react to, as many women accept it and consider it as a normal system of life.219 There are some few laws in the Constitution which states directly on some women issues. For instance, Tanzania law of marriage act of 1971 is against violence but it does not state clearly the punishments for the perpetrators. It

216http://www.tamwa.org/tamwa, Accessed 19/07/2017. 217http://www.tamwa.org/tamwa/index.php/joomla/newss/item/179, Accessed 19/07/2017. 218dewjiblog.co.tz/watetezi-wa-haki-za-wanawake-wapewa-mafunzo-jinsi-ya-kufanya-utetezi-katika-ngazi-ya- kitaifa-kikanda-na-kimataifa, Accessed 19/07/2017. 219 WHO, “WHO Multi-country Study on Women’s Health and Domestic Violence”, 18 November 2006 http://www.who.int, Accessed 16/02/2018.

52 states that, a wife or wives must be taken care of by the husbands by providing them with important necessities. A Constitutional Review process began in 2011 with the aim of amending the current Tanzanian constitution which was adopted in 1977. The final draft of the new constitution was submitted to the parliament in October 2014.220 But till recently it is not yet approved for the use. There have been some complains from the opposition parts and some human rights organizations that, there is still much lacking in it. The President, who has a final say basing on the country’s Constitution, claimed that a new Constitution is for him not a priority. I don’t agree with his stand because many people especially women will continue suffering due to the lack of a strong Constitution which touches the rights of all. He claims to put much attention in the improvement of the country’s economy. But in reality even the economic growth needs a well defined Constitution.

In 1977 the Constitution of Tanzania passed a provision on Employment that women and men should be employed without segregation. That is, both men and women deserve the employment opportunities. In some sectors in the country, when a woman applies for a job, her application forms are not considered and worked upon as it is done for men. The Constitution states that every person has a right to work.221 This right includes women but the challenge is the working out of the provision. Segregation at work for women has affected them together with their families. In 2000 the country enacted a Provision about Gender and Women Development which replaced the 1992 provision which dealt with women development in Tanzania. This called upon men and women to work for the development regardless of gender.222 It aimed at giving women the chance in community development projects and making sure that Tanzania is free from violence.

In 1999 the Parliament of Tanzania enacted two laws on land ownership which gives chance for women to possess land. These are law number 4/1999 and village law number 5/1999.223 These were to make sure that, women use and possess land as men. The law gave right to women to participate in land solving problems in their villages. Among the seven people needed in land problem solving, the law stated that women should be three in the group as representatives. The laws forbid women to inherit husband’s properties and girl children receiving either a little share or nothing in the said inheritance. The land belonging to a certain clan cannot be inherited by women. Some of the laws from the Tanzanian

220See http://allafrica.com/stories/201611160049.html, Accessed 25/02/2018. 221 See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no. 22. 222 Utti Mwang’amba, Shirika la Wanawake katika Sheria na Maendeleo Barani Afrika (WiLDAF), 2016, p. 3. 223 See Friedrich Ebert Stiftung, Sheria za Ardhi na Jinsia Tanzania, Dar es Salaam, 1999, p. 6.

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Constitution seem to accelerate the rate of violence against women especially the laws on marriage and inheritance. Customs and traditions in Tanzania are leading in violating the rights of women. Therefore, there are many traditional laws used in many judgments leading to violence against women.224 It is only a new Constitution can try to solve the problem if well followed.

Moreover, the Constitution of Tanzania enacted the law on women rights; The Sexual Offenses Special Provisions Act (SOSPA), which addresses sexual exploitation of women and children including acts of incest, prostitution, trafficking, and child cruelty. The research by World Health Organization on women and violence at homes- UWAKI225 done in ten countries including Tanzania discovered that many women were affected by gender violence. The research included 1820 interviewed women from the famous city of Dar es Salaam and 1450 women from Mbeya city. The two are among the cities with a large population. The 41% of the interviewed women in Dar es Salaam and 55% in Mbeya; showed to have faced violence.226 The 15-71% showed the violence done by intimate partners who proved the existence of domestic violence basing on body harming and sexual violence. The research also proved that the first sexual act was done to the female partners by force.227 Furthermore 4-12% faced violence during pregnancy. The two researched cities have almost 18% of the population of Tanzania. This proves to us that domestic violence exists in a high rate. The neglected areas in the Constitution have led to the persistent of some evils of domestic violence which we call the nature of violence:-

2.5.1 Female Genital Mutilation

Female Genital Mutilation (FGM); is one of the nature of violence in Tanzania. Some will question whether FGM falls under domestic violence. The reality remains true that some men force their women to it and women participate in enforcing it. Therefore, a woman who is treated this way is too much violated to defend herself against any form of violence. According to Nussbaum; Female Genital Mutilation is done even to little girls of five to six

224 See Kaleb Gamaya, Mackphason Buberwa, etalii; Zijue haki za Wanawake (Know the women rights) Chama cha Wanasheria Tanzania Bara (Tanganyika Law Society) kwa ufadhili wa Taasisi ya Legal Service Facility (LSF), p. 7. 225 ‘UWAKI’is a Kiswahili word meaning Ukatili wa kijinsia that is Gender Violence. 226 Jamhuri ya Muungano wa Tanzania, Wizara ya Afya na Ustawi wa Jamii, Mwongozo wa Kisera wa Sekta ya Afya wa Kuzuia na Kupambana na Ukatili wa Kijinsia, USAID, Dar es Salaam, 2003, p. 4. 227 Jamhuri ya Muungano wa Tanzania, Wizara ya Afya na Ustawi wa Jamii, Mwongozo wa Kisera wa Sekta ya Afya wa Kuzuia na Kupambana na Ukatili wa Kijinsia, p. 4.

54 years without their consent.228 This is linked to many healthy problems as we shall elaborate in Chapter five of our work on the effects of domestic violence. This practice is illegal and it violates human rights. The World Health Organization (WHO) defines Female Genital Mutilation as compromising or containing in it all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs whether for cultural or other non therapeutic reasons.229 In some cultures, traditional beliefs, norms and social institutions legitimize and therefore perpetuate violence against women. The Constitution of Tanzania has less regarded the issue of Female Genital Mutilation leading to the growth of the evil. Many who exercise this evil believe that, the mutilated women are more faithful on matters pertaining to sex because the feelings are not high as those who are not mutilated. Therefore they remain faithful to their partners.230 The Legal and Human rights center in the year 2006 came to the observation that, some women were mistreated to its highest peak. They found that one of the greatest violence at the peak which was misinterpreted basing on Muslim religion was Female Genital Mutilation.231 This does not mean that, female mutilation is only done by Muslims or it began with them. This practice existed before Muslim. There are Christian denominations whose members do the same. The famous cities in Tanzania in practice of this evil in one of the given reports were Arusha, Manyara, Mara, Dodoma, Singida and Morogoro.232 The first research on female mutilation in the country was done in 1999 which showed that many married women and girls were forced to it by their intimate partners.233

2.5.2 Rape of women and girls

In the year 2015, Tanzania had many cases about domestic violence which were reported. There were about 17, 059 cases of women reported to the police and among them 5,802 were

228 See Martha Nussbaum, “Religion and Women’s Human Rights”, in Religion and Contemporary Liberalism, p. 110. 229 LHRC, Female Genital Mutilation (FGM), “A Human Rights Abuse Veiled with Customs and Traditions”: A Report on the Research into the Practice of FGM in Tanzania, 2005, p.1. 230 FECCLAHA, Gender Based Violence, The Impact of the Tamar Campaign in the Great Lakes and Horn of Africa, P. 17. 231Female Genital Mutilation is frequently defended with the discourse that appeals to religions. Some members of Islam use Koran to misinterpret some verses. They claim that their prophet had allowed Female Genital Mutilation. But Mohammed told his listeners to “circumcise” and not to “mutilate”. Those who took it on religious bases are wrong. Female Genital Mutilations has many side effects such as several infections, hemorrhage, difficulties in urination and menstruation, stones in the urethra and bladder due to repeated infections and pains during intercourse. This is a violation of human rights and is to be abolished. 232See Hellen Kijo Bisimba etalii; Legal and Human Rights Centre, Human Rights Report for the Year 2006, p. 60. 233 Hellen Kijo Bisimba etalii; Legal and Human Rights Centre, Human Rights Report for the Year, 2006, p. 24.

55 rape cases.234 It is to be noted that, these rape cases are those done by other perpetrators not those in intimate relationships. The women raped within marriage cannot easily report for it is a shame. Rape cases affects not only women but also young girls whose cases remain most of the time hidden due to fear of those concerned been taken to jail. The children law on sexual acts of 1998 forbids and protects children from this evil and states that one who violates this will be punished though the punishment is not mentioned.235 Some children have been raped by their own parents. This is incest which has not been touched by the country’s Constitution or even foreseen. In some parts of Kinondoni district in Dar es Salaam some rape cases done to the children were discovered but their mothers did not report to the police worrying that their husbands would be jailed.236 The punishment for the child or girl’s rape in Tanzania is said to be 30 years in prison. According to the Tanzania Media Women Association; the punishment for rape committed by an adult under SOSPA carries a minimum sentence of thirty years (30) in prison, together with corporal punishment, fine and compensation of the amount which is to be determined by the Court. Compensation is paid to the victim for the injuries sustained.237 But this law is not yet inserted in the Constitution of Tanzania. This decision so far has been reached due to the effort of the women media. Most of the people who rape girls are their relatives basing on reasons and that through that action their wealth will increase. That is, some people in the country who need to become rich within a short period of time without hard working consult the witchcraft men and women. They explain to them their wish to become rich. As a result some witchcraft men and women who also need a lot of money from their customers send them to go and rape their daughters for easy and quick wealth. Whether they become rich after the act or not, it is yet to be proved. This is truly hard to prove but it comes out publicly when few of these perpetrators are caught and taken to courts where they tell the truth of what had happened. These rape actions have always been secret and hard to be reported.

2.6 The reality of domestic violence in Tanzania

Domestic violence in Tanzania exists to a great extent. The extent cannot simply be given in statistics because this kind of violence is always done in hidden areas. It is clearly stated that,

234 See Hellen Kijo Bisimba, etalii; Legal and Human Rights Centre, Human Rights Report for the Year 2015, p. 140. 235 Tanganyika Law Society, Mtoto na Haki zake, Sheria Katika Lugha Rahisi, Legal Service Facility, Dar es Salaam, 2016, p. 8. 236http://www.fikrapevu.com/ubakaji-ulawiti-watoto-usifumbiwe-macho-kinondoni, Accessed 21/02/2018. 237 Tanzania Media Women Association, Report of the Tanzania Media Training Workshop on Covering Gender Violence, Dar es Salaam, 2002, p. 9.

56 all people should observe and live basing on the Constitution. The same Constitution has some loop holes which leads to violence. The law can state that every person has a right to live and a protection of life in accordance with the law. But the law has no punishment for the law breakers.238 The makers of the laws may not have seen this at the beginning. This presumption has made the perpetrators violate others especially women and girls. There are most important women rights which are broken by the perpetrators of domestic violence.

The important women rights which are neglected by the Constitution or which are only foreseen are treated here. We treat them basing on the Women Convention which needs the countries to ensure equality of men and women and the enacting of laws on discrimination against women and their proper punishments. The convention also needs the countries to ensure that public authorities do not discriminate women basing on different sectors. It needs the countries to respect the rights of women which are most of the time deprived from them. Our arguments will base on the women rights given by Nussbaum while comparing them to our Constitution. In this we discuss on how they are violated in the country. We will take some of the rights as far as we cannot discuss all of them in this work. We will later in this work give the theological stand on these missing women rights which lead to their suffering.

2.6.1 Right to bodily integrity

The right to bodily integrity must be observed by all the people. Women suffer a lot from this right. They suffer from domestic violence, rape, marital rape, sexual abuse and female genital mutilation.239 All these are not directly mentioned in the Constitution of Tanzania. For instance, Rape which is one of the violations of women bodily integrity is not dealt upon by the Constitution. The article 16 of the Constitution mentions the right to privacy and personal security. It states, “Every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications”240 This article does not touch the question of rape or marital rape and the others mentioned by Nussbaum, though it mentions matrimonial life. Marital rape has been left as an option to men. We shall come back to the issue of rape in the following subsequent chapters of our work. The issue of submissiveness is frequently used to satisfy the rape of women. The structure of one’s body is in such a way that, it

238 See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no. 14. 239 See Martha Nussbaum, “Religion and Women’s Human Rights”, in Religion and Contemporary Liberalism, p. 107. 240 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Articles no. 16.

57 permits him or her to be the author of the genuine given activity. Without the body we cannot speak of man’s activity here on earth.

The right to bodily integrity includes among all the avoidance of women and children beating. Following the Police reports in Tanzania on violence against women and children of the year 2015, about 22, 876 events were reported. Among these events 3,444 were rape actions and 14, 561 were wife battering, causing harm and throwing harmful words to women.241 These reported events are many but in reality are just few among those evil actions taking place in the country.

2.6.2 The Right to Employment

Work is the basic duty of man and no one is to be denied work in whatever way.242 Many women in Tanzania are farmers engaging their energy in the farms and keeping of some animals which manage their living. According to Nussbaum, “Women should be allowed to seek employment outside the home without intimidation or discrimination”243 The Constitution of Tanzania on the right to women employment is silent or the right is foreseen. It states that, “Every citizen is entitled to equal opportunity and right to equal terms to hold any office or discharge any function under the State authority”244 This is hardly followed in Tanzania. The phrase, everybody leaves us with many doubts. There are many women who are deprived of the employment opportunities for many reasons including religious. There are women who qualify to work in some government offices but some of their husbands prevent them. Zanzibar which is an Island in Tanzania, and whose majority are Muslims as proved in chapter one of this work; has the majority of women who are forced by the religious reasons and laws to remain in the house. They have just to bare children and take care of them. This has led to unemployment to many women. Young generation is also highly affected as far as employment is concerned. This makes some of these youths who are not bound by the marriage contracts or the unmarried ones, force themselves out and employ themselves. For instance, according to some statistics, “Young women have fared the worst: 31.5 percent of female youths are unemployed, up 8 percent from 12 years ago, while the male youth unemployment rate stands at 10.4 percent. Another 14.4 percent of female youths are

241http://www.tanzaniatoday.co.tz/news/vitendo-vya-ukatili-kwa-wanawake-na-watoto, Accessed 17/02/2018. 242 See Karl H. Peschke, Christian Ethics A Presentation of Moral Theology in the Light of Vatican II, Vol II, Special Moral Theology, C. Goodliffe Neale Alcester, 1985, p. 487. 243 Martha Nussbaum, “Religion and Women’s Human Rights”, in Religion and Contemporary Liberalism, p. 110.. 244 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Act no. 15, Articles no. 16.

58 underemployed”245 This unemployment rate for the youth women is high as compared to the youth girls.

Women in Tanzania struggle to seek for more government and self employments so as to fulfill their duties and to guarantee the survival of their families. But a big number of them are uneducated due to the poor culture which faced the country in some past decades. This past generation missed the chance in schools only because they are women. Today many girls are attending schools and their life is slowly changing to the better. Tanzania has also many women who are unemployed despite their education. Some are forbidden by their husbands to seek for employment and forced to remain at home.246 The reason behind this seems to be jealousy and fear that women could be seduced at the places of work. Men also fear that, as wives get money, they will put them under control. It is without doubt that women play a great role in the society. But many women have suffered from malnutrition and lack of health facilities due to unemployment. These unemployed women need to have jobs so as to serve themselves and the families entrusted to them.247 Women in the country are still struggling to either seek for employment which seems hard to get or base themselves in self-employment which is also hard due to the slow growth of the economy.

2.6.3 Mobility and assembly rights for women

The history of Tanzania presents accounts of some individuals who have contributed to the social, political, religious and economic situations. Some of them are highly remembered like Mwalimu Nyerere as the first President and the Father of the nation who died 19 years ago. There are some who have done a lot in the same fields but not even remembered. The reason is the prevention of their voices from the beginning.

According to Nussbaum; some women have been denied the chance to meet other people and discuss together for the development of their lives.248 In Tanzania, such violence exists especially in the Muslim families mostly in Zanzibar where the largest number are residing.

245 See https://www.pri.org/stories/2018-04-06/can-entrepreneurship-empower-zanzibar-s-young-women, Accessed, 28/03/2019. 246 An interview was conducted between the author and his aunt. His aunt is a teacher by profession but since she finished her University studies 15 years ago, she has never searched for work. The reasons she gave were amazing. The husband told her not to seek for a job and she must remain at home to take care of the children. The husband is a Taxi driver and cannot earn much. She just agreed to that because she believes that one’s married, is then obliged to respect the husband’s orders. The efforts of convincing her to look for a job ended in vain. She rejected to change her mentality. Her husband died recently and she regrets for rejecting my advise; Interview done in Arusha region, June, 2016. 247 Karl H. Peschke, Christian Ethics A Presentation of Moral Theology in the Light of Vatican II, p.491. 248 Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, p. 111.

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Women are to stay at home for the fear of contacting men in the markets and in other important areas of work.249 The same women enclosed in their houses due to religious and other reasons, fail to use their right to participate in politics and speech as required for all. Some women are impeded from speeches even in democratic countries. Some customs and traditions in some countries prevent women to enter into politics. As we have seen in this chapter, there are some women in Tanzania who have access to politics though not in a required number as it is for men.

The Constitution of Tanzania explains about the mobility and assembly of women. It states, “Every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic”250 In this law, the freedom of assembly is missing. It is highly missing especially as it comes to the issue of women who are highly controlled by culture. Some women are forbidden by their husbands not to visit the fellow women. These men fear that, as women meet together they can discuss some matters against them which will later affect their superiority. During the interviews, we meet some women groups who exclaimed, “Our husbands do not allow us to go out or even be visited by our friends. They want us just to remain in the house at the same time they themselves go out to meet their friends in the bars and come back at nights”251 Many women live in the villages where they can hardly meet other people from outside their residential areas. This hindrance has made many women in these villages remain closed with the little they know concerning their rights. Freedom of assembly is to be considered in the country’s Constitution and be given a paramount importance as we shall suggest in our evaluation.

2.6.4 Reproductive rights

According to Nussbaum; women should not be deprived of reproductive rights. International human rights concur, with few exceptions that, women’s access to contraception is extremely important ingredient of their own well being, both because of reproductive control and because of AIDS.252 As pertaining to reproductive rights; there are different positions here depending where and in which direction they are discussed. For instance the secular human

249 An interview by the Author in Zanzibar, July 2016. 250 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Act no. 15, Articles no. 17. 251 An interview made by the author to the Catholic Women Association, Same Catholic Diocese, August 2016. 252 Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, p. 119.

60 rights and some religions positions differ indeed. Roman Catholic position is different in this point that reproductive rights entail a lot of problems from theological ethics. When one takes reproductive rights in a secular way, some points like contraception including abortion can hardly be avoided. Some of the countries in the world allow contraception and even abortions. Some allow them with some limits and some keep quiet on these issues.

The Constitution of Tanzania does not mention directly about reproductive rights. It seems that this right is included or foreseen in some articles. For instance, Article 9 mentions human dignity and other human rights. Article 12 speaks of respect of human dignity. Furthermore, article 29 reads that, every person has to enjoy fundamental human rights.253 There are issues to be implemented and added to it such as abortion, Female Genital Mutilation, polygamy, Child marriages and violence against women.254 To make ourselves clear here; we do not mean that Tanzania has not spoken or having any discussion on these mentioned important issues. There have been many discussions and amendments which are now to be officially inserted in the new Constitution which is to be formed. The new Constitution as our recommendations will suggest, must touch all these issues and in a crucial way. Whether this will be achieved or not will depend on the people’s struggle towards them. More about these reproductive rights will be realized throughout our work. In the theological view about the reproductive rights, we will give the Church’s stand and our personal views.

2.6.5 Marriage rights

There are other many women rights which are neglected in the Constitution of Tanzania. Marriage rights bind both men and women. A man or woman can marry the one of his or her choice. According to Nussbaum, this right comprises of many challenges in it. Here exist problems like, “Who is to be married by whom, to which religion, and where the children will belong”255 Mostly women have no choice in this important matter in their lives. Tanzania had a Law of Marriage Act of the year 1971. The law passed through several amendments. Sections 10(2), 13(1) and 15 of Tanzania’s Law of Marriage Act of 1971 allowed men to contract polygamous marriages, and permit the marriage of 15-year-old girls, while the minimum age of marriage for boys was 18. Here it was obvious seen that girl’s rights were deprived. By the time this law had not entered into the Constitution as far as the Constitution was not yet made. Thus, on 8 July 2016, the took steps to end child

253 See The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, article 29. 254https://www.gfmer.ch/srr/Tanzania.htm, Accessed, 27/03/2019. 255 Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, p. 116.

61 marriage for Tanzanian girls. In its decision, the Court ruled that Sections 13 and 17 of the Law of Marriage Act were unconstitutional and directed the government to change the law within one year so that the minimum age of marriage for girls to be 18 years as it is for the boys in Tanzania.256 The question of marriage is now inserted in the Constitution through amendments but there are a lot to been improved.

Tanzania allows inter-marriages. The government and the several denominations know that this right exists even if not in the Constitution but in their religious societies and in different cultures. We have witnessed inter-marriages in our societies in the country which goes mostly without problems. But different religions through its believers and leaders, advise their people to marry basing on their religions. Moreover, “Parents have been in the forefront in advising their children who are ready for marriage to stick to their religions where they were born and the faith they grew throughout their lives”.257 This stand deprives women and girls their right of marriage. The right of inter-marriage should not be prevented at all. It follows, then, that, the fundamental bearer of rights is the individual citizen. Any system of personal law that groups individuals in accordance with religious origins runs at the risk of disadvantaging the people.258 The Constitution should therefore be made in such a way that it binds the whole country and every section and community must accept its provisions and directives.

The explanation above dealt with some women rights which are deprived from them. We have treated them basing on the Constitution of Tanzania and the understanding of the people. We now turn shortly to the theological understanding of these women rights.

2.6.6 The theological understanding of women rights

The deprivation of women rights is recognized not only by the secular world but also in the religions. Several religions such as the Catholic Church insist on the bodily integrity. According to Pope John Paul II, The body must be respected by all means.259 The body is the precondition of self-awareness and self determination. They must be respected because a person is always an “embodied person”. As a limited being man or woman should take care

256https://www.equalitynow.org/the_law_of_marriage_act_1971_as_amended_by_act_23_73_act_15_80_and_a ct_9_96, Accessed, 27/03/2019. 257 Interview made by the Author to some groups of Catholics in Kilimanjaro region, Uomboni Parish, June, 2016. 258 See Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, p. 123. 259 John Paul II, Man and Women He Created Them, A Theology of the Body, Pauline Books and Media, Boston, 2006, p. 154.

62 of this body till death. The right to bodily integrity is very important because it protects agency. Agency is an utmost important capacity for women. Agency is about the ability to make choices and act on those choices. In feminist theory, much of it revolves around the ways women are rendered as objects, while men remain with their subjectivity and more socially recognized subject.260 The Church takes women as equal to men and they have the same image of God. It insists on the respect of the human dignity.261 The challenge remains to the Christians in the implementation of this law.

We have seen that women have the right to employment opportunities. As human beings who were created by God as do men, must work to earn their daily needs. The Scriptures tells us that, “One who does not work, must not eat for there are some who are lazy…”262 Women therefore seek employment so as to follow the Church’s need of work. They work in order to survive and sometimes they do not know that as they work, they fulfill the Church’s requirement to people on work. They thus follow St. Thomas purposes of work such as getting their daily livelihood and preventing idleness which is the source of many evils.263

Some women are prevented from mobility and assembly; this prevention can base on some cultural or religious structures as confirmed by Wasike.264 Sr. Wasike was a Kenyan Nun, who was also a well-known editor of several publications. She sometimes in her life addressed the United Nations General Assembly Special Session in 2001 on the plight of women and the girl-child in Africa. She stood for women and became the spokes woman for the missed voices of women. Women are mostly prevented from assembly. Some religious laws in the country prevent women to move out for work and other daily activities. Due to some religious reasons some are prevented to see a man rather than their husbands.265 This is abuse for they cannot know what takes place in their religions and in the country as a whole.

The reproductive rights as discussed in this work, challenges the Church. There is a general stand of the Church on the contraception and abortion. The Catechism of the Catholic Church no. 2370 is against the use of contraceptives. It declares that, “every action which, whether in anticipation of the conjugal act, or in its accomplishment, or in the development of its natural consequences, proposes, whether as an end or as a means, to render

260 See https://www.quora.com/What-does-it-mean-when-feminists-talk-about-agency, Accessed, 28/03/2019. 261 The Catechism of the Catholic Church, the Dignity of the Human Person, Section one, no. 1700. 262 See 2 Thessalonians 3:10. 263 Karl H. Peschke, Christian Ethics A Presentation of Moral Theology in the Light of Vatican II, p.490. 264 Anne Nasimiyu Wasike, The missing Voices of Women, in Catholic Theological Ethics Past, Present and Future, The Trento Conference, Orbis Books, Maryknoll, New York, 2011, p. 107. 265 Martha Nussbaum, “Religion and Women’s Human Rights” in Religion and Contemporary Liberalism, p. 111.

63 procreation impossible” is intrinsically evil.266 The use of contraception is a sign of not given oneself fully to the other partner. This leads not only to a positive refusal to be open to life but also to a falsification of the inner truth of conjugal love, which is called upon to give itself in personal totality. Catholic Church in principle does not adhere to artificial contraception. The Church’s stand is that, artificial contraception prevents the procreative nature of man. Therefore, the Church insists on the natural birth control methods. Humane Vitae no.14, states “Therefore we base Our words on the first principles of a human and Christian doctrine of marriage when we are obliged once more to declare that the direct interruption of the generative process already begun and, above all, all direct abortion, even for therapeutic reasons, are to be absolutely excluded as lawful means of regulating the number of children. (14) Equally to be condemned, as the magisterium of the Church has affirmed on many occasions, is direct sterilization, whether of the man or of the woman, whether permanent or temporary. (15)”267 The question is; do all the leaders in the Catholic Church agree with it? There have been several stands from different Catholic Bishops on this important matter. Some Catholic Bishops Conferences in the world have come into this discussion and came out with different stands which is not our concern here but just to be informed. In Tanzania Episcopal Conference these agendas are hardly discussed. This is due to the culture of the people and bishops themselves being part of these cultures. Issues concerning sex are hardly brought into discussions in the country. The taboo, customs and traditions hinders it. But most of them hold that human beings as spouses are to receive and take care of the blessings of the fruitfulness of procreation.268 To prevent this great gift in any way possible, it then amounts to sin. The moral life of our people especially women who are highly exposed to contraception is challenged. I myself as a moral theologian, I feel and see this challenge which if not closely worked upon by the Church by thinking big, then the lives of many women will perish.

Conclusion

In this chapter we have given the general overview of the Constitution of Tanzania. We have discussed the women rights basing on the Constitution. A country without a Constitution is like a car without an engine. We have seen that most of the laws made in the Constitution presume the prevention of women rights. When women are violated, the whole society is affected. Our societies are composed of many women and children who bear the burden in

266https://rcav.org/catechism-teaching-on-contraception, Accessed, 27/03/2019. 267 Paul VI, Encyclical Letter Humanae Vitae, St Peter’s Rome, 1968, no. 14. 268 John Paul II, Man and Women He Created Them, A Theology of the Body, p. 184.

64 case of the violation of human rights. Despite the many efforts defending women done by the government and non-government Organizations including the Church; domestic violence has never stopped. Our evaluation and critical study on the Constitution of Tanzania; prompts us to long for a new one which will state directly the rights of women so as to reduce the evil of domestic violence. At the end of this work, the contribution of moral theology to encounter the challenge will be given. Our third chapter treats the general causes of domestic violence against women in Tanzania.

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CHAPTER 3 GENERAL CAUSES FOR DOMESTIC VIOLENCE IN TANZANIA

Introduction

Our previous chapter dealt with the history of human rights in Tanzania and we had a bird’s eye view on the Constitution of Tanzania and its concern on human rights. This has given us a wide chance to discuss about the general causes of domestic violence in this chapter. Many women suffer from violence without knowing the real sources. Ignorance of the law on human rights makes them continue suffering.

Tanzania like other countries in the Great Lakes Region experiences violence against women both in rural and urban areas. There are many reasons for this including limited resources accruing from their economic activities and burden of taking care of children which make them continue living in a vicious cycle of absolute poverty.269 Absolute poverty according to the United Nations; is a condition characterized by severe deprivation of basic human needs, including food, safe drinking water, sanitation facilities, health, shelter, education and information. It depends not only on income but also on access to services.270 That is why as regarding the question of domestic violence; the feminists argue that, to understand violence and insecurities we must look not only within particular levels or directions of things but also at the linkages among them.271 The causes of domestic violence are interconnected and can be traced from different angles and perspectives. Most studies about domestic violence against women are concerned with the dominant culture, although the growing number focuses on native populations, immigrant and refugee groups.272 An increasing number of studies on domestic violence against women are now being undertaken in the developing countries including Tanzania which is our case study. The general causes of domestic violence against women are discussed here basing among all on cultural, biological and economic causes. Moreover, there are historical-religious causes, political and environmental causes. These are discussed separately but in reality they intermingle with each other. Before

269M. M. Mwinula, Combating Violence Against Women, Gender violence and UNESCO role in the establishment of National Gender Research and Documentation Centre in Tanzania, Dar es Salaam, UNESCO National Commission, 2009, p. 104. 270 Poverty.ac.uk/definitions-poverty/absolute-and-overall-poverty, Accessed 22/12/2018. 271 In Ann Tickner’s words; Feminist perspective on security would assume that violence, whether been in the international, national or family realm is interconnected. Family violence must be seen in the context of wider power relations; it occurs within a gendered society in which male power dominates at all levels…. Any feminist definition of security must therefore include the elimination of all types of violence, including violence produced by gender relations of domination and subordination. 272 Miranda Davies, Women and Violence, Realities and Responses Worldwide, London and New York, Zed Books Ltd, 1994, P. 2.

66 the causes we discuss the nature of domestic violence as far as it occurs in different situations.

3.1 The nature of domestic violence

According to Lynne, born in Michigan; in dealing with gender politics and feminism argues that, domestic violence can broadly occur in any intimate or familial relationship where more than one member is concerned. Domestic violence can also occur irrespective of whether the parties are living together or not, whether they are married or cohabiting or living in three- generational extended families.273 Many or almost all Tanzanian ethnic groups base their lives on extended families.274 It is in this relational element, the closeness, the nearby life rather than location that defines violence as ‘domestic’ because while it commonly occurs in the home, it can spill out or be realized into the streets, offices, bus stops, bars or even result in road accidents.275 When the perpetrators of domestic violence become used to such evil, it then tends to be part of their life and do it regardless of the place. It must be remembered that the extended family members can easily meet without any prevention and even when in conflict nobody outside them dare to help and as a result violence continuous. It goes without saying that; domestic violence is done within some boundaries. This brings us to our general causes. 3.2 Cultural causes

According to a cultural anthropologist Virginia Held; culture is something which is historically transmitted and contains several symbols in it. It is therefore a system of inherited conceptions which are expressed in symbols and enables human beings communicate, perpetuate and develop their knowledge and attitudes towards life.276 It refers to the ways in which people live, produce and consumes, how they settle disputes and govern themselves, as well as the ways they worship and tell stories. Culture can however mean the ways they interpret the meanings of what they say and do. The other cultural studies take culture as something distinguished from the social structure of the society with its economic, political and other configurations of power. Culture in itself is not bad but within some cultures there

273 Lynne Harne and Jill Radford, Tackling Domestic Violence, theories, policies and practice, New York, Open University Press, 2008, p. 2 274 Extended family refers to a family unit that includes grandmothers, grandfathers, aunts, and uncles, etc. It in addition includes parents and children; See https://dictionary.cambridge.org/dictionary/english/extended-family, accessed 26/02/2018. 275 Lynne Harne and Jill Radford, Tackling Domestic Violence, theories, policies and practice, p. 2. 276 Virginia Held, Feminist Moralist, Transforming Culture, Society and Politics, The University of Chicago Press, London, 1993, p. 10.

67 are elements which if not controlled can lead to violence which affects all the people especially women and children in the societies.

3.2.1 Bad cultural elements

The bad cultural elements in the society are to be removed. This can be done by individuals, from person to person or through feminist movements. Feminism as a movement is one of the factors that has contributed to the development and eradication of the bad cultures. According to Chimamanda a native from Nigeria who dealt with the work on equality of all the people; a feminist is a person who believes in a social, political and economic equality of the sexes. A feminist woman has not to see men as enemies but as friends who must work together for the common good of all. It is without doubt that, there are also men who are feminists. Despite the feminism movements; men and women should remain equal and respectful while undergoing the changes ruining the good cultures.277 Most of the women’s movement has resulted from the oppressive culture. The feminist revolution movements aim more on the transformation of culture and the society. They believe that by this kind of transformation; the other sectors like politics and economy will also be changed.278 It is a belief of many feminists that cultural transformation can help men and women achieve liberation. Moreover, it will bring changes to the division of labor in the household where women are exposed to hard work and used as instruments of sex.279

The actions of individuals and institutions are therefore influenced by the norms, values, language and other cultural factors, that are like the dust in the air that surrounds everyone. These cultural factors are ingrained in us from the day we are born, and can play a role in either ending or perpetuating violence. For example, domestic violence in Tanzania is to current considered not as a crime because life is simply like that. Many men and women in the country today will wonder if you cite about some actions between partners as violent. It is like in West Virginia whereby until 1992 violence was not considered as a crime. In this area only violence against a stranger was given a paramount importance but violence against an intimate partner was often seen as acceptable.280 Culture as way of life has speeded up the partner violent actions in many countries.

277 Chimamanda Ngozi Adichie, We should all be Feminists, Vintage Books, a Division of Random House LLC, New York, 2014, p. 10. 278 Virginia Held, Feminist Moralist, Transforming Culture, Society and Politics, p.2. 279 Virginia Held, Feminist Moralist, Transforming Culture, Society and Politics, p.2. 280https://www.marshall.edu/wcenter/domestic-violence/relationship-violence-and-culture, Accessed 28/02/2018.

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Cultural norms that perpetuate the problem of domestic violence still exist in Tanzania. Most of the leaders in the government like those working in Police Stations tend to react to the evils of domestic violence by sending home the affected to finish their matters privately.281 This action has made many women remain under pains and sufferings. A poor culture can lead people think that undermining others is part of life. Other people may have an undiagnosed personality disorder or psychological disorder which perhaps are from birth or acquired during life. Still others may have learned this behavior from growing up in a household where domestic violence was accepted as a normal system of life and hence term it as cultural.282 A person who has grown in such environment can enter into violence even without his knowledge. This can be transmitted to the next generations and influence many people.

3.2.2 Patriarchy system and Culture

The term “patriarchy” which literally means, “rule by the fathers,” has been used in various ways and has made the feminists debate about its utility. According to Held; Patriarchy system seems to have been defended and taken as suitable by some theorists such as Robert Filmer and later replaced by democracy advocated by Locke and Jefferson.283 Feminists however, have shown that the social contract theory that based on the political, still maintained the rule of men over women. Basing on patriarchy, a young boy as a father figure can make a woman feel secured;

I remember those old days as a young child in the village. During our growth in the villages in Tanzania, a place with a lot of forests, wild animals and even bad people; a woman could not go somewhere especially at night without men’s escort. If it happened that there is no man, women dared to take a young boy, keep him in the front and went their journey safely. This made them secured as if they were with mature men. It is this situation that makes many women believe that men are everything. Even if they feel tortured, security is automatically assured.284

This kind of trust and belief has given more power to men in the control of women. Women see domination by men as built into the basic structure of all societies. In some families boys have a big say as compared to girls. They are more listened to and this makes the girls see themselves as nothing and violated. In that due course, the feminists see the need to eradicate

281 An interview by the Author at Mwanga Police Station, June, 2016. 282 https://psychcentral.com/lib/what-causes-domestic-violence/ By Toby D. Goldsmith, MD, Accessed 28/03/2017. 283 Virginia Held, Feminist Moralist, Transforming Culture, Society and Politics, The University of Chicago Press, London, 1993, p. 5. 284 Author’s witness as a child and also an interview made to the Old women in Mwai village, July 2016.

69 violence.285 The discriminative culture has awakened many feminists. According to Carmody who referred to de Beauvoir a French feminist and a social theorist; women are seen as objects and not subjects. That is, women have been denied the right to be full moral agents and they have not been those who are capable and able to “choose life”.286 Feminist ethics therefore poses the question: Is it good for women? The feminist imperative is to challenge the hegemony of male ethical theory and to insist on “the woman’s voice.” Feminist ethics then, arises directly out of women’s lives and women’s issues as domestic violence against women in Tanzania. Feminist ethics like all is concerned with right and wrong. Violence in any sense is therefore wrong.

Patriarchy has made feminists like Ruether refer to it as something that conveys well the pervasiveness and structural nature of the dominance of men over women. Others think that, the term obscures the domination resulting from class and race as well as gender hierarchy. The system has hindered women voices in many societies of the world.287 This has made us invest much of our efforts in Tanzania to eradicate the evil of violence where women speak less due to their unconsidered voices. Every cultural setting has its missing voices, depending on the social structure that governs the life of the people. Perhaps the largest numbers of the missing voices throughout history have been the voices of women. Patriarchal societies, for example, are marked by the rule of the father and by legal, social, economic and political systems that validate and enforce the sovereignty of male heads over dependent persons.288 Such kind of life system has much affected the society in Tanzania.

The status of women in patriarchal societies is therefore one of the subordination without legal standing in their own right. This has often meant that, the subjugation of women includes patrilineal systems wherein the generational lineage of children is traced from the father and male children are favored over female children. In this system wives’ sexuality and reproductive capacity belong to their husbands. It can happen that between the two partners, it is the husband who is impotent but the claims will be thrown to a woman. This has led to the discrimination of women as men dominate everything. Moreover, the right of daughters or widows to inherit property is severely restricted and if they do inherit property; it is then administered by a male relative or guardian. This shows how strong the patriarchy system has

285 Virginia Held, Feminist Moralist, Transforming Culture, Society and Politics, p. 5. 286 Denise Lardner Carmody, Virtuous Woman: Reflections on Christian Feminist Ethics, Orbis Books, New York, 1992, p.6. 287 Anne Nasimiyu Wasike, The missing Voices of Women, in Catholic Theological Ethics Past, Present and Future, p. 107. 288 Rosemary Radford Ruether, Reading towards a Feminist Theology, Boston, Beacon, 1996, p. 205.

70 lasted.289 It is due to the patriarchy system of life that such societies have nearly always limited women’s contributions traditionally to household skills which are thought to be for illiterate people. There is a mentality in Tanzania where people think that every housewife has never attended high school or was never in school. Many are taken to have a minimal literacy. Thus, according to the 2002 UNICEF global population statistics, there were one billion poor people in the world and three fifths of them were women and children. There were 960 million illiterate adults in the world, and two-thirds of them were women. Of the 130 million children not attending school in the world, 70 percent were girls.290 This showed how patriarchy has affected girls and women to the great extent.

Violence in the domestic sphere is usually perpetrated by males who are, or who have been, in positions of trust and intimacy and power–husbands, boyfriends, fathers, fathers-in-law, stepfathers, brothers, uncles, sons, or other relatives.291 Domestic violence is in most cases violence perpetrated by men against women. Women can also be violent, but their actions account for small percentage of domestic violence. But it is obvious that around the world, women and girls suffer the harmful and life-threatening effects of traditional and cultural practices that continue under the guise of cultural and social conformism and religious beliefs.292 This is the result of tradition, prejudice and patriarchy, which has placed women in a subordinate position, which has made them vulnerable to domestic violence.

3.2.3 Polygamy as an influence of culture

Polygamy in its popular usage refers to the situation where there is one husband and two or more wives. But it can also include a woman who is related to many men at ago as husbands.293 In African continent; been polygamous is seen as a prestige and these kinds of people are highly esteemed in their societies. This is taken as a cultural practice. Polygamy is practiced all over Africa but in some societies is less common than the others. To have many wives, leads eventually to many children although not always so. Men marry many wives to replace those women who are barren and also to give assistance to the other wives after giving birth. It is evident that the treatment cannot be equal to all wives and as a result violent actions occur including beating and chasing them away.294 Polygamy is claimed to be one of

289 Rosemary Radford Ruether, Reading towards a Feminist Theology, p. 205. 290 Elizabeth Abel, ed., Writing and Sexual difference, Brighton, UK, Harvester, 2002, p. 11 291 Innocenti Digest, Domestic Violence against Women and Girls, UNICEF, Florence, 2000, p. 3. 292 Innocenti Digest, Domestic Violence against Women and Girls, UNICEF, Florence, 2000, p. 6. 293https://www.merriam-webster.com/dictionary/polygamy, Accessed, 05/06/2018. 294 John S. Mbiti, African religions and philosophy, p.142.

71 the solutions to avoid men’s adultery.295 Some Catholics are also polygamous though forbidden by the Church laws. But to the Muslims, the challenge is extremely big. The Koran allows the practice of polygamy but the feminist movement is against it towards the struggle for equality. Within Muslim not all are happy with it and according to Amina; an American Muslim philosopher with a progressive focus on Qur'an exegesis; the interpretation of the Koran must be rejected because it ignores the principles of justice and equality. Thus, by allowing the practice, women are presupposed to be the financial burdens and remain economically dependent on their husbands.296 People must be against this because a woman in the modern world can support herself. Polygamy basing on culture is therefore the manifestation of male dominance.

3.3 Biological causes

Men and women are both created by God and they are similar before him. They are members of the human community. Therefore gender ought not to divide them, one from another. Sex and gender differences however should not be avoided. The concept of gender and sex prevails in our lives today probably more as it was before. The concept which prevailed in the Greeks minds up to eighteenth century was that, the female body was a lesser, deficient, version of the male body.297 This false belief prevails in our Tanzania societies and has been the source of many evils including domestic violence against women. It is in the course of living that we encounter differences from person to person.

It is without doubt that human beings biological make ups differ from men to women. Thus, we cannot deny the differences between men and women because they have different chromosomal make ups and different hormones which have different characteristics. Therefore as perpetrators arise and violate others, many things are to be considered. Psychotherapeutic diagnosis to the perpetrators is to be considered. It is obvious that perpetrators reflect social patterns of belief. There are different ideologies that men’s reaction, their aggression and violence depends on the man’s genes and hormones as far as biology is concerned.298 Despite all these, we should keep in mind that the perpetrators are men and women who are human beings. They are not wild animals who live in the forest or

295 John S. Mbiti, African religions and philosophy, p. 143. 296 Göran Collste, Is Human Life Special?Religious and philosophical Perspective on the Principle of Human Dignity, Peter Lang, Bern, 2002, p. 104. 297 Margaret A. Farley, Just Love, A Framework For Christian Ethics, Continuum International Publishing Group, New York, 2008 p. 145. 298 Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, Tyrolia-Verlag. Innsbruck-Wien, 2002, p. 79.

72 in a cage. They can be treated and leave away this evil despite its inborn character. The medical people and scientists have studied and realized that man can be violent due to biological reasons which can also be controlled.

The biological study of man shows that there are hormones which can make one be violent in life in the course of living. Hormones299 and their function within the endocrine system are extremely complex. There are multiple glands throughout the body, and each gland produces specific hormones designed to carry out certain functions. In human beings there is a love hormone also known as Oxytocin.300 Studies conducted over the past few years, shows that when these hormones are activated in the bodies they increase trust, altruism, and empathy.301 The research done by C. Nathan DeWall; who is a professor of social psychology at the University of Kentucky and a co-author of a series of introductory psychology textbooks; showed that oxytocin may have diversified effects, some positive and others negative leading to violence. Thus, those who are inclined toward physical aggression will inflict harm on their romantic partners.302 The scientists argue that, if a way could be found to suppress oxytocin in people who are predisposed to violence, then the violent actions could be easily reduced.

Testosterone is another hormone which can be the cause of violent behavior. Testosterone is mostly produced in men by the testes. Their function in male bodies is seen in their secondary sex characteristics such as the development of a strong and deeper voices and growth of hair in their chests. They also contribute to the healthy libido, building muscles and maintaining energy levels.303 Testosterone is also very important because it is associated with some behaviors such as aggression and sexual drive.304 Almost all the people have emotions which count in their reactions. Some react directly out of emotions even with regards to evils like violence without the use of reasoning. Other people are moved by emotions but they use

299Hormones are actually tiny chemical messengers located inside of our bodies. They are unable to be seen with the human eyes and they travel throughout the internal super highway - known as the bloodstream - to all of one’s body organs and tissues. Different hormones perform specific roles inside of one’s body. Some of these hormones work quickly to start or stop a process, and some will continually work over the course of a long period of time to perform their necessary jobs. Some of these jobs include the body's growth and development, metabolism (or production of energy), sexual function and reproduction. 300Oxytocin is a naturally occurring hormone that is made in the hypothalamus and is stored and released by the posterior pituitary gland in the brain. When released it produces a feeling of love and satisfaction. It is the primary hormone released during an orgasm and causes new moms to form a loving bond with their babies after birth, see http://study.com/academy/lesson/what-is-oxytocin-definition-function-side-effects.html, Accessed 28/02/2018. 301https://psmag.com/the-biological-roots-of-domestic-violence-e4818cec21ba, Accessed 28/02/2018. 302https://psmag.com/the-biological-roots-of-domestic-violence-e4818cec21ba, Accessed 28/02/2018. 303http://www.medicinenet.com/high_and_low_testosterone_levels_in_men/views.htm, Accessed 28/02/2018. 304http://www.healthline.com/health/facts-about-testosterone#overview1, Accessed 01/03/2018.

73 reasoning before acting. These different emotional changes can also result from this hormone. Violence arising from the biological factors is important but complex and often misunderstood.305 All in all, a framework for understanding an evolutionary analysis of human behavior and its potential contribution to understanding the role of the family in the development of aggressiveness is to be learned. Biologists have identified several distinct types of aggression which results from hormones. Aggression is a normal behavior which is found in human being and also in other animals. There is a defensive aggression which arises from fear of or actual attack. The adaptive value of this type of aggression is obvious and self-preservation is the first law of nature. Thus, the spouse who defends herself or himself from verbal or physical abuse is to some extent acting normally. There is Dominance aggression and angry aggressions mostly found in men and in many animal species. It is to be clear that, the treatment of these do not defend men in their aggressiveness rather it shows how they are highly affected and that they can control them in the course of life as our work will stipulate. They can control themselves as far as they are human beings as women are.

Furthermore, Genes306 contributes also to character formation and influence behavior continuously throughout development. Through genes the personality traits can be inherited and can run from childhood to adulthood. Individuals differ in their personalities half due to genetic differences and the other half due to the environmental ones realized even in adults.307 In short, all human behavior is mediated by the brain, which develops through the influence of genes that are the products of natural selection. There is one common objection to the study of the genetic basis of human behavior. The objection is that, since genes cannot be altered, we ought to concentrate on environmental factors that can be manipulated. The evolutionists' argument is that, we need to understand how a behavior works before we can intervene effectively and a full understanding must take genetic factors into account. The question arises here; should we keep quiet after known the aggressiveness arising from our genes and hormones which leads to violent actions? The answer is absolutely no and the ways to control are to be learned and lived.

The biological causes lead us to the evaluation of a human body where we question on what is to be in the body, what is to live as embodied, what it signifies to be humanly bodied, in

305https://quod.lib.umich.edu/m/mfr/4919087.0002.103/--biological-factors-in-family-violence! Accessed 28/02/2018. 306Genes are the little tiny codes that actually make us who we are. These tiny little codes are all over our body and are also concerned with the making of proteins. 307See https://quod.lib.umich.edu/m/mfr/4919087.0002.103/--biological-factors-in-family-violence? Accessed 28/02/2018.

74 what ways the body is valued and in what ways individual and social bodies are interrelated.308 But indifferences in our material bodies should not be used to excuse violent actions.309 In some societies women’s bodies are most of the time used to regulate births. In some countries status and behaviors of women; like being black or poor or addicted to drugs or battered or young or procreating outside marriage; have come to be seen as at sharp odds with being a good reproductive citizen.310 Many countries practice this bad behavior of using evil ways of birth regulation through women’s bodies. We have to apply gender critical thinking in our time which will make us understand minds and bodies of all the people in their gender differences and ultimately relate well with one another.311 According to Parsons, who is the author of The Cambridge Companion to Feminist Theology; the problem which comes as pertaining to bodies is the belief on how we look at these bodies. This is how most people take or look at themselves. It would seem to suggest that the significance of one’s being woman or man appears with the look of others who suggest to them on who they are. The judgment from the other people makes one’s relationship tensed, remaining with unresolved battles of images, which are unavoidable but of the same time incapable of depriving one of the existence in the body which is authentically his or her freedom.312 Many people especially women, fall into the danger of violence because of not believing in themselves that they can do things as their counterparts. Some of them wait to be told what and how they are or look so that they may act in accordance to the laws and the needs of the society.

According to de Beauvoir’s argument on gender as cited by Parsons one is not born, but rather becomes, a woman. This brings a challenge in the interpretations of woman’s embodiment because it bases on the perspective in which her body has been viewed in the look of others from within the cultural tradition.313 But it is clear that these cannot finally determine a woman as she is in herself. Therefore the body is not enough to determine her as a woman and there is no true living reality except as manifested by the conscious individual through activities and in the bosom of a society. Most writers would argue that the matter of bodies is to do with sexual difference, and that it is this which shapes what becomes gender, which precedes, or even underlies gender. But concerning the neutrality of the body, there is

308 Susan Frank Parsons, The Ethics of Gender, Blackwell Publishers, USA, 2002, p.60. 309 John Paul II, Man and Women He Created Them, A Theology of the Body, 2006, p. 200. 310 Jeanne Flavin, Our Bodies, Our Crimes: The Policing of Women’s Reproduction in America, New York University Press, New York and London, 2009, p. 183. 311 Susan Frank Parsons, The Ethics of Gender, Blackwell Publishers, USA, 2002, p. 61. 312 Susan Frank Parsons, The Ethics of Gender, 63. 313 Susan Frank Parsons, The Ethics of Gender, p. 63.

75 no neutral body; there are at least two kinds of bodies: the male body and the female body. This difference should not lead men to undermine women. Some men take women bodies and thoughts as helpless. This violates women rights of thinking and living. What makes the body substantial is not its raw material; rather, the body receives its matter as a kind of ethical substance which it bears on behalf of the society in which it is formed. Many women are violated due to their body make ups. But in reality they have a big contribution in these societies and the world at large. Women must not be subordinated because they have reasoning capacity as men do and are also responsible citizens.314

3.4 Inherited Traits

The conflicts in marriage life can be speeded up by the effects from childhood. There are some violent actions taking place between the couples such as aggression and sexuality problems. This is according to Freudian Psychology in his study on the Oedipus and Electra complexes where he argues that, some of the spouses find themselves in such situations unconsciously.315 Furthermore, the stages of human growth play a big role. According to the American analyst Erikson, there are eight growth stages in a child which make him or her either behave well or not as an adult person. The early stages are very important in child’s life as they act as a foundation in the marriage life. In the first year, there is a sense of basic trust versus mistrust. These roots of trust are acquired from what the parents do to the child like being held, fed and looked after. This develops slowly until one finds himself or herself in physical, emotional and social trust.316 We hardly need reminding that mutual trust is essential for a loving relationship in marriage. In the second and third year, there is a sense of autonomy against the sense of shame and early doubt. The child here learns to control itself and its surroundings. There is a balance here of dependence and independence that is central to all relationships and it shows up in marriage. Failure to manage the surroundings including the people around brings one to the practice of violence later in life and even in the marriage life.

Erikson expresses that in the third and fourth year there is a sense of initiative against guilt. Also in the fourth and fifth year, the child’s self-esteem is beginning to build up and the combination of the self-esteem and initiative leads to the ability to take charge of life. When this is well done, relationships in adulthood seem good without passivity through fear of

314 Susan Frank Parsons, The Ethics of Gender, p. 27. 315See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, Cedar, Cox & Wyman, Great Britain, 1995, p. 101. 316See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 101.

76 doing the wrong thing. He finally came to the stage referring to industry versus inferiority. Here he speaks of life in school where the child learns and love is earned through achievement.317 This is another aspect of self-esteem which is fundamental in marriage. The love we see, get and live during this school life shows up in marriage. It is out of this that we can encounter many evils including violence against others in the families. The question which should remain and click our minds is whether the effects are more to men than women or it is just the superiority of men over women. There are some men and women today, who lacked self-esteem as children because they were not well loved and they were always criticized. To say they lack self-esteem means they do not feel lovable and they do not experience love when it is offered to them. They also find difficult to retain love and they want to be reassured that they are loved. This tendency makes these people always in conflict within themselves, in the families and more so in the communities where they belong. Therefore, they cannot stay in intimacy and as a result violence occurs where women are more affected.318

The important question we have to ask ourselves is; why do men abuse women? One of the reasons is that; it ‘works’ in most cases. Some of the violence actions have been inherited from their parents or the community from which they grew up. When you refer for instance; to the cases of women battering, you will see that at the end it works. These women will next time try to please their husbands by working hard so as not to disappoint them and make them angry. Hence power, control and self-esteem have been reported as rewards for beating a woman. Most of the women have agreed to the point that, it just works because after been beaten they obey without any resistance. On top of that, through the abuse men satisfy their needs without much effort and that they cannot be arrested because these are family issues. Indeed, this works as commented by Gelles and Straus who are the American writers and sociologists. In their recent research they argued that, only one in ten offenders of women was arrested by the police in America.319 Tanzania as a country where violence is highly practiced though in a hidden way; the cases reported to the Police for the arrest of the perpetrators are few. This shows that family issues are left to the spouses alone and interference by the police is like breaking the marriage customs and taboos of the people in most of the tribes. Even some of those reported are hardly solved. It is then difficult for a

317See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 103. 318See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 103. 319See Adrian Thatcher and Elizabeth Stuart, eds. Christian Perspective on Sexuality and Gender, Michigan, USA, 1996, p. 405.

77 woman to get justice in spouse abuse cases. There is a false belief that violence is a legitimate way to solve problems. But it works for most men and women as they remain silent. It suffices here to say that, violence is part of patriarchal system which we promote, practice and praise it.

3.5 Economic causes

The improvement of the social services plays a major role in the development of the people. We come across different conflicts, wars and many other problems within our communities due to the struggle for the achievement of economic goods. The few in many countries want to control the economy something which brings chaos. This struggle needs moral law based on God and conscience.320 The struggle without the consideration of the common good will always let others to suffering especially children and women who are the vulnerable communities.

Lack of economic resources underpins women’s vulnerability to violence and their difficulty in extricating themselves from a violent relationship. The link between violence, lack of economic resources and dependence is circular. Most of the employed people in Tanzania are men something which leads to the women’s dependence on men. Therefore without economic independence, women have no power to escape from an abusive relationship.321 Economic abuse as already explained in this work, includes acts such as the denial of funds, refusal to contribute financially, denial of food and basic needs, and controlling access to health care and employment.

Women’s economic dependence on men remains true in Tanzania. Despite the presence of some employed women population in the country, violence still increases. This is due to the false concept that, as women get money or as their economy grows; the possibility of controlling them will be lowered.322 This is particularly true when the male partner is unemployed, he feels his power undermined in the household. But such husbands do not remain in this situation for a long time as some of them search for alternative means to make

320 Rev. John F. Cronin, S.S., Catholic Social Principles, The Social Teachings of the Catholic Church Applied to American Economic Life, The Bruce Publishing Company, Milwaukee, USA, 1950, p. 70. 321 Innocenti Digest, Domestic Violence against Women and Girls, UNICEF (United Nations Children’s Fund), Innocenti Research Centre, Florence, Italy, 2000, no. 6. 322 UNICEF (1989), ‘The invisible adjustment: Poor women and economic crisis’, UNICEF, The Americas and Caribbean Regional Office, Santiago. ‘La situation de la femme malienne: cadre de vie, problèmes, promotion’ op. cit. Mazumdar, V. et al. (1995). Changing Terms of Political Discourse: The Women’s Movement in India, 1970s-1990s, Economic and Political Weekly, vol. XXX: 29, pp 1866-1878.

78 sure that their partners continue suffering. The author of this work came across an employed woman who had something to explain on how domestic violence became part of her life:-

In Mwai village in Tanzania where the author is born; he came across a family whereby the woman is employed as a teacher in the government school and the husband was a houseman. It is due to this unemployment that he felt inferior to his wife and most of the time was unhappy. In that due course therefore, he decided to take what he found valuable in the house, sell them and spend the money with other women and as a result he got twins outside wedlock. He did not end up there but he continuously stole money from his wife and used it for alcohol. This family had four children and the wife had always to struggle to make sure that everything was available for the children and the husband too. The wife used to buy household things like utensils, furniture and foods. She used to keep some of them in the nearby family for protection and when she needed them, she had to go and pick them. What a tiresome work. In fact all these happened in order to weaken her more and more and show that, wealth is meant only for men.323

Furthermore, some studies according to UNICEF have also linked a rise in violence to the destabilization of economic patterns in society. Macro-economic policies such as structural adjustment programs, globalization, and the growing inequalities they have created; have been linked to increasing levels of violence in several continents in the world including Latin America, Africa where Tanzania belongs and Asia. The European and American countries developed faster than African countries. But the transition period in the countries of Central and Eastern Europe and the former Soviet Union with increment in poverty, unemployment, hardship, income inequality, stress, and alcohol abuse; has led to increased violence in society in general, including violence against women.324 These factors also act indirectly to raise women’s vulnerability by encouraging more risk-taking behavior, more alcohol and drug abuse, the breakdown of social support networks, and the economic dependence of women. Some women in Tanzania who struggled to rise up their economic status have found themselves separating from their partners due to violence.

The world created by God has all the things which human beings need for their survival. It is the misuse of the materials that brings the society to problems. The nineteenth and twentieth centuries have brought a lot of changes to the world. One should not blame the materialism of the century but how the materials are used.325 The National economy is brought about by men

323 Interview by the author to a primary school teacher in Mwai village, conducted in April, 2016. 324 UNICEF (1989), ‘The invisible adjustment: Poor women and economic crisis’, UNICEF, The Americas and Caribbean Regional Office, Santiago. ‘La situation de la femme malienne: cadre de vie, problèmes, promotion’ op. cit. Mazumdar, V. et al. (1995) Changing Terms of Political Discourse: The Women’s Movement in India, 1970s-1990s, Economic and Political Weekly, vol. XXX: 29, pp 1866-1878. 325 Rev. John F. Cronin, S.S., Catholic Social Principles, The Social Teachings of the Catholic Church Applied to American Economic Life, p. 72.

79 and women who work together for the common good of all. It has been taken for granted in many countries that it is men who work more for the economy of the country because of their more employment opportunities in industries and in the government sectors.326 The simple and hard works of many women at homes are not counted in many countries. Many women in Tanzania are housewives and many violate actions are done to them because of the mentality that; they do nothing for the family and countries economy. Their works at homes are not counted and as a result the just social order is violated. A good example was a meeting of all the villagers which was conducted for the evaluation of the development in the author’s neighbor village:-

The meeting was led by the Simbomu village chairman, which is one of the villages within Kilimanjaro region in Tanzania. One of the challenges the chairman faced from men was that, women are doing nothing to the development of the village. Men argued that as they go for community work, women remain only at home. But in reality these women go to fields, cook for their children and the husband so that as they return back from their activities they may eat. They prepare everything for their husbands so that as they return home, they may enjoy life. At the end of the meeting the village chairman posed a question which demanded to know who worked hard between these women who are doing everything and men who just went for the community work. The answer remained true in their minds that, women work a lot despite the fact that their work and energy are not counted in their society. The chairman concluded with the statement that women are to be loved and cared due to their hard work. Violence against them should be avoided.327

The situation of the village above reflects a big number of villages in the country which amounts to 12,423 which are also used as electoral canters in the country.328 This shows how great the number of women may be facing domestic violence as a result of their countless works und many more activities.

3.6 The failure of law

Human beings are the centre of the universe. The rights and duties of these people are modified following their nature and their living in the world.329 The failure to the understanding of the rights and duties which fall on the different groups of people, leads to violence. The failure of the straight made laws to defend women against violence from their

326 Rev. John F. Cronin, S.S., Catholic Social Principles, The Social Teachings of the Catholic Church Applied to American Economic Life, p. 72. 327 An interview by the Author to the Chairman of Simbomu village, On the Development of the village’s economy, conducted in July, 2016. 328https://www.jamiiforums.com/threads/takwimu-idadi-ya-kata-vijiji-mitaa-na-vitongoji-nchini- tanzania.1361962, Accessed 01/03/2018. 329 Rev. John F. Cronin, S.S., Catholic Social Principles, The Social Teachings of the Catholic Church Applied to American Economic Life, p. 75.

80 partners in the Constitution of Tanzania; has caused many violent actions which cannot be tolerated in the society. The missing legal laws about violence against women have led to its increment. Intimate partners have experienced violence of several kinds:-

Spousal battery is a widely spread and hidden practice in Tanzania across the walks of the family and of social life. Battering includes acts like pouring of acid, porridge or hot water on a person, leading to serious bodily harm and even death. The media in Tanzania has been reporting at least some women being beaten somewhere in the country. Zanzibar a part of Tanzania which is comprised of many Muslims has many actions of women been beaten and some beating coming from those who claim to be Muslim religious leaders.330 Statistics in Tanzania show that in 2013 there were a lot of incidents involving beating of women reported to the police.331 These incidents include beating (kipigo), degrading assault (shambulio la aibu), and assault causing bodily harm (shambulio la kudhuru mwili). According to the legal and human rights center; the reported incidents in the mentioned year amounted to 964 countrywide.332 The increase in incidents of spousal battery could be because of many reasons including the existence of customs and traditions condoning harassment and abuse of women. In the Catholic Diocese of Same which is the residence of the author, we made a research through interviews and found women battering to be in a high rate. It showed that, out of 110 married women which is (87%) and 16 unmarried women which amounts to (13%) who filled the questionnaires about domestic violence in the mentioned diocese; about 55 of them which is (44%) claimed to have been beaten by their husbands.333 The report from the other parts of the Diocese gave more results of women battering.334 These reported cases give a big percentage as far as Same Diocese is concerned within its two districts.

Above are the researched results from only two districts in the country. But it gives us the high rate of assuming that, the situation of women battering in the country is very high. Battery was due to harshness behavior of men which at times had no ground. The perpetrators based also on the false interpretation of the Scriptures; that women are under men who are the

330http://allafrica.com/stories/201208290414.html, Accessed, 06/06/2018. 331 The Tanzania Police Force Data, for the period between January- December, 2013. 332Legal and human rights centre (LHRC) and Zanzibar Legal Services Centre (ZLSC), Dar es Salaam, 1995, p. 175. 333 The report from the filled questionnaires in the field work, Same –Tanzania, July 2016. 334 The social welfare office in Mwanga district reported also several cases on violence from Ngujini, Kirya, Lang’ata and Chomvu Wards. The report was from March 2012 to March 2013 on spousal battery as follows: - From Ngujini ward (6) women were battered, Kirya (4), Lang’ata (6) and Chomvu (5). These are just but few cases reported. That been not enough (16) women were reported to have been chased away from home after being beaten by their husbands.

81 heads of the house and therefore beating of their wives is due and they see no evil in it.335 Some were battered simply because they asked their husbands on why they returned home late. However, this research discovered that some men return home very late and some do not return at all. Yet other women were beaten due to husband’s drunkenness, or simply because they requested money for the treatment of children. The truth is that the country’s Constitution has no laws to protect women battering. This lack of the law has speeded up the rate of women battering in the country. Furthermore, Reluctance in reporting incidents of spousal battery to the proper authorities contributes to the rise of incidents of spousal battery. According to Tanzania Women’s Media Association; 80% of women victims of spousal battery are reported to have failed to report about their beatings due to various reasons.336 The reasons for reluctance in reporting are due to cultural, social and family pressures. This pressure results from the fact that once a wife reports a beating, she is likely to receive more beatings from the husband or even chased away from home. In addition women are reluctant to report because they want to protect their children from the broken marriages.337 When a woman reports the husband, measures will likely be taken and as a result marriage can break off leading to the suffering of the young children who will be left behind. Above all, women have the habit of hiding the truth when they see that the violence done touches their taboos, custom and traditions. This occurs mostly whenever they are interrogated by an outsider. A good example is Maasai tribe which is famous in animal rearing. This tribe respects each other but its women face the problem of battery. When beaten, they simply sustain the pain thinking that silence is the best solution. Even when one is injured after the beating, cannot speak it out. Their husbands or partners cure their wounds by slaughtering a lamb whereas the oil obtained acts as a medicine to cure them. It follows that, battery cases are never reported from the Maasai as it is to the other tribes residing in Tanzania with the exception of a few reported cases.

Violence to a partner or in marriage is usually provoked by the actions of scolding a rebellious wife, who refuses to heed her husband’s commands especially those which are discriminative and speaks to him without reverence or respect.338 Furthermore, the most

335 Gen 3:16. 336Tanzania Media Women’s Association (TAMWA): Gender Based Violence, Research Report, November/December 2013. 337Legal and human rights centre, p. 167. 338 Sara M. Butler, The Language of Abuse, Marital Violence in Later Medieval England, Leiden, IDC Publishers, 2007, p. 60.

82 common violation of women rights including beating is perpetrated by the male dominance system or by the female themselves as one of the woman argues;

“My husband always beat me to the extent that he destroyed one of my legs, but I never reported anywhere because I love him and he beats me because he loves me too.”339

This is one statement among many that represents a cultural acceptance of domestic abuse by a number of women in Tanzania either knowingly or unknowingly. This statement comes from a woman who lives in Mara region where the “Kuria” ethnic group resides and whose women demand beating as a sign of love. There are two cases which were reported from the region. One is from Neema Ngoko, who was brutally beaten by her husband and locked indoors for two weeks despite her pregnancy situation and Stella Nyakuboi who experienced violence leading to death inflicted by her husband out of a jealous rage.340 The beating of women basing on some cultural reasons takes place even in the large cities such as Dar es Salaam where many women are beaten but only few have the courage to report the events;

“Amina Rashid is among the women who experienced abuse by her husband because of jealousy, to the extent that one of her legs was broken off. She did not however report anywhere. She believed that beating is a part of woman’s life and that the husband has the right to beat her wife or partner out of love. This view is a representative of a strong cultural attitude surrounding domestic abuse where acceptance by women is strong”.341

In the same regions of Mara and Dar es Salaam, there are men and women who are against domestic violence against women. They act as the voice of the voiceless as one of the men comments during an interview. Mr. Majaliwa, a father of four children, explained that the tendency of beating a wife or a partner is not good because it affects women themselves, the children are psychologically affected and can be one of the causes of future violent society. He added that, there are some women who feel that been beaten is a sign of love and they therefore try their best to make their husband angry. He emphasized that education needs to be provided to the society on human rights.342

Forced sexuality is another hidden way through which violence is exercised against women in many parts of Tanzania and is the cause of violence against them. Many of the women interviewed by the researcher in some parts of Tanzania especially in Same town where the researcher resides; exclaimed that some of their husbands cannot wait and tolerate them,

339An interview by the author to Maria John Mtambalike, a woman from Mara Region in Tanzania, June 2016. 340Interview by the author to a village Chairman, June, 2016. 341Maria John Mtambalike interviewed by the Author, Dar es Salaam, June, 2016. 342 Mr Majaliwa interviewed by the author, Da es Salaam, June 2016.

83 when they are not ready for sex.343 They use them as objects of sex. Consequently, forced pregnancy cannot be escaped. Marital rape has been exercised by the perpetrators or the husbands in many families. This is ethically wrong for many effects which are not expected like unnecessary pregnancies may occur and can lead even to abortion. The laws do not state anything on how to help such women legally. The task is left to the women alone to decide about their ends. Forced sexuality is a physical abuse and when these women reject to oblige to their partners need, battering occurs and many more injuries happen. The human dignity is undermined when the woman is regarded as any other animal who cannot reason. The reaction of these women against forced sex which has no legal defense amounts to violence.

Marital rape is a big unknown cause for violence against women. The sexual relationships for the marriage partners must be out of free consent. Do not touch, invade or use, is the requirement unless an individual freely consents. Without ones decision, that amounts to rape.344 The married people are to keep their promises, remain faithful and truthful and that deception and betrayal are ultimately coercive. According to MacKinnon, who is an American radical feminist legal scholar; the cause of women’s subordination lies in sexuality. But other feminists like Held, a leading moral, social/political and feminist philosopher; is skeptical of the primacy of sexuality in causing oppression. They argue that even males face the evil of violence and so there are also other causes of violence other than marital rape something which our work confirms. There is a little doubt that, there are important connections between gender and violence, whether or not sexuality is the core of these connections.345 Indeed maturity helps a lot in reducing family problems and evils in marriage. It is also obvious that sexual acts as one of the requirements in marriage disturbs many people and especially women who are the victims. The commonest tension in sexual relations is that, husbands want quantitatively more sex and wives want qualitatively better sex with emphasis in affection.346 What happens in the families is as if many couples are not matured in the question of sex. Many men need the sexual act and they think that, it is right for them to get it as they wish. As a result many women are tortured and become psychologically affected to the extent of not seeing the meaning of sexual act.

343 Women interviewed by the researcher in Same- Tanzania 05/06/2016. 344 Margaret A. Farley, Just Love, A Framework For Christian Ethics, Continuum International Publishing Group, New York, 2008, p. 219. 345 Virginia Held, Feminist Morality, Transforming Culture, Society and Politics, The University of Chicago Press, Chicago, 1993, p. 141. 346 Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 116.

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According to a scholar Adams, who was born in New York in 1951, a feminist-vegan, advocate, activist, and independent scholar whose work explores the cultural construction of inter-sectional oppression; marital rape is among the most common kind of sexual assault, though due to the shame connected to it, it is most of the time not spoken out.347 This is so especially in Tanzania where culture and taboos forbid the speaking and sharing of sexual matters concerning the partners. Many women in close relationships live under the threat of rape. According to Wamue, who is an Associate Professor in the Department of Gender and Development Studies, School of Humanities and Social Sciences- Kenyatta University in Kenya; rape always carries with it the threat of death and many other physical and healthy events. In addition, it can expose women to unnecessary pregnancy, physical illness and sexually transmitted diseases like AIDS, gonorrhea and syphilis.348 Moreover, things and situations like dominating, humiliating, conquering and destroying the other is being done via women.349 Where are the legal help to eradicate this hidden problem? This remains the question to the whole Tanzanian community. Marital rape is an issue that has been a subject not much discussed in Africa especially in the Tanzanian society. The SOSPA350 of 1998 imposes harsh penalties for perpetrators of sexual violence, but it has gaps, covering only women and girls (not men and boys). Although it covers domestic violence, unfortunately it does not cover marital rape.351 Domestic violence in Tanzania is not taken or mentioned as an offence under the Law of Marriage Act and it does not even cover marital rape. This has led many women in marriage been forced to have sexual intercourse with their husbands irrespective of their conditions and feelings.352 Ethically, this is not right; for everyone including women have rights to protect their bodily health and live with dignity.

The author of this work has done a small research through interviews basing on his diocese which is among the 34 dioceses in the country. It was discovered that out of 110married women amounting to 87% who filled the questionnaires almost 50% reported to have undergone forced sex.353 There was a woman interviewed by the researcher who reported to have just given birth and being severely beaten by the husband because she rejected sex to

347 Carol J. Adams and Marie M. Fortune (Eds), Violence Against Women and Children, A Christian Theological Source Book, New York, The Continuum Publishing Company, 1995, p. 15. 348 Grace Wamue and Mary Getui (Eds), Violence Against Women, Nairobi, Acton Publishers,1996, p. 53. 349 Nickie Charles and Hellen Hintjens, Gender, Ethnicity and Political Ideologies, London and New York, Routledge, 1977, p. 79. 350 SOSPA refers to the Sexual Offence Special Provisions Act. 351 FECCLAHA, Gender Based Violence, The Impact of the Tamar Campaign in the Great Lakes and Horn of Africa, p. 46. 352 Legal and human rights centre, Tanzania Human Rights Report 2013, Dar es Salaam, 2013, p. 173. 353 Research by the Author, Same Diocese, June 2017.

85 him just in her first days after giving birth.354 Due to this hidden evil and which has no law to defend the affected, many women remain in torture throughout their lives.

3.7 Historical-religious causes

Religious history is one of the causes of violence. Being a man or a woman is one thing and humanity is the other. More important is the fundamental realization that a woman is first and foremost a human being and only then a woman.355 That woman is a less human being, is based on illusions and a deception created by patriarchal society.356 We attain the integrity of all human beings basing on the truth that though equally created; there are some differences which we should not deny. The socio-cultural and religious factors tied with traditional beliefs and practices in the African society play a great role in determining the place of women in almost all spheres of their lives. The Church must come to grips with theological teaching and historical practices that for thousands of years have condoned both men abusing their wives and the large abuse of women in the western “Christian” society.

The historical-religious causes are grounded from several scholars discussions which run up in the perpetrators’ mind to current. According to Thistlethwaite, an author, former president of Chicago Theological Seminary, a syndicated columnist, ordained minister, activist, theologian, and translator of the Bible and a PhD graduate from Duke University as an ordained minister of the United Church of Christ; in his 1981 address to the Minnesota Governors Conference on the Church and battered women, he argues that the roots of spouse abuse lie deeply imbedded in the religious belief that women are to be subject to men as it is stated in Genesis chapters 1 to 2. Moreover, in the New Testament the apostle Paul cites Genesis and Eve’s responsibility for the fall as justification for keeping women silent in the Church.357 This interpretation of Genesis provided an undergirding for patriarchal authority that was considered ordained by God for most of the history of the Church as supported by some of the greatest theologians.

There have existed in history some discussions on the relationship and importance between men and women. According to Perintfalvi; the great scholar Aristotle had a discussion on Slaves and Women and was convinced on the weakness of women and that they lack some

354 A woman interviewed by the author, Christ the Good Shepherd Parish, 14/06/2017. 355 Rita Perintfalvi, Ed., Women and Religion Dignity of the Woman as Dignity of the Human Being, Verbum Christian Cultural Association, Cluj, 2011, p. 138. 356 Rita Perintfalvi, Ed., Women and Religion Dignity of the Woman as Dignity of the Human Being, p. 138. 357 Rita Perintfalvi, Ed., Women and Religion Dignity of the Woman as Dignity of the Human Being, p. 138.

86 things to make them complete human beings.358 By the time only few scholars had contrary ideas concerning his views and convictions. It is only later in one fourth-century B.C. when orator Alcidamas asserted that, God has set all people free and nature has made no one a slave. All in all, in tune with his times he supported and joined in Aristotle's conclusion that women were by nature inferior to men.359 His view of the inferiority of women was based on notions of biology. Although his erroneous biology led Aristotle to evaluate females as incomplete males; he believed that human communities could be successful and happy only if they included the contributions of both women and men. Aristotle argued that, marriage was meant to provide mutual help and comfort but that the husband should rule. Furthermore, presiding from his talent as a nutritionist; if one looks again at the traits Aristotle attributed to a woman, what stands out in most of them is what he apparently considered the empirical manifestation of what nature intended, namely, that a woman always requires the guidance of a free, adult man. Every woman requires such outside authority because nature has made her not only physically deficient but also intellectually and morally so.360 This view basing on religion about God’s creation by the Aristotle’s time; has influenced the church throughout centuries.

St Thomas’ discussion and writings on women based on women’s lower status (1225-1274) with several themes. First, the male is separate from the female because the male is more ordered to intellectual operation. Following his argument, many men in Tanzania see even the educated women as having nothing in their heads as far as patriarchy system is concerned and just by the fact of being a woman.361 Second, a woman is subject to man because in the male, reason predominates. Third, Man’s superiority over woman flows from his having been created. And Fourth; Man is the image of God in a way a woman is not and a woman’s hair is a sign of her subjection.362 Taking these themes literary without better understanding, the perpetrators can speed up violence against women.

Furthermore; Boyd, a Minister for Chaplains and Ministers in Specialized Settings; writes on the theme about power basing on religion and explores an apparent paradox that, according to usual definitions, men are generally more powerful than women. This has been the cause of

358 Rita Perintfalvi, Ed., Women and Religion Dignity of the Woman as Dignity of the Human Being, p. 138. 359Thomas R. Martin, An Overview of Classical Greek History from Mycenae to Alexander, in http://www.perseus.tufts.edu/hopper/text?doc=Perseus%3Atext%3A1999.04.0009%3Achapter%3D15%3Asecti on%3D14, Accessed 28/02/2018. 360http://gem.greenwood.com/wse/wsePrint.jsp? id=id49, Accessed, 28/02/2018. 361 A group of men in Mwai village interviewed by the author, July 2016. 362http://www.womenpriests.org/theology/aqui_inf.asp#reason, Accessed 27/04/2017.

87 violence against women in Tanzania today. But as he refers to the United States of America he proves that, men are less successful than women in meeting their fundamental needs of life such as health, safety, shelter and love.363 This citations and explanation from Stephen were already in the writings of Martin Luther. According to Protestant reformer Luther (1483- 1546) as discussed by Boyd; men have inherited a condition from Adam that entails arduous and life-shortening responsibilities. Two of these roles which are husband and pastor or spiritual leader made Luther believe that Adam exercised the two roles even in paradise before the fall into sin.364 In other words, the family and Church were ordained by God in creation and men had specific roles to play in them. According to Luther, the woman God created was paradoxically equal to Adam but dependent on him. The woman had mental gifts in the same degree as Adam and she partook of both the divine image and similitude. She also had the command on the rule over everything. However, she was a somewhat different being from the man, having different members and a much weaker nature.365 These discussions here have been used as the causes of domestic violence in our society today.

There are further historical causes of violence. Although the causes of domestic violence are not quite evident, the need to take action is clear. Some theories focus on the individuals and look for personal explanations such as the use of alcohol or drugs, the victim’s actions, mental illness, stress, frustration, underdevelopment and violate families of origin.366 Wife battery is a reflection of the broad structures of sexual and economic inequality in society. Studies show that rather than representing an aberration, violence at home is historically widely accepted and tolerated. It is an extension of the role society expects men to play in their domestic sphere. It has been a historical phenomenon that is adapted by many members in Tanzanian.367 Violence against women in Tanzania exercised through beating and other evil ways are seen as something done through history. The abuse of women can be seen as a display of male power, the outcome of social relations in which women are kept in position of inferiority to men, responsible to them and in need of protection by them. These theories suggest that the social, political and economic dependence of women provides a structure

363 Stephen. B. Boyd, W Merle Longwood and Mark W. Muesse, (Eds), Redeeming Men Religion and Masculinities, Westminster John Knox Press, Louisville, Kentucky, 1996, p.7. 364 Stephen. B Boyd, W Merle Longwood and Mark W. Muesse, (Eds), Redeeming Men Religion and Masculinities, p. 19. 365 Stephen. B Boyd, W Merle Longwood and Mark W. Muesse, (Eds), Redeeming Men Religion and Masculinities, p. 21. 366 Miranda Davies, Women and Violence, Realities and Responses Worldwide, London and New York, Zed Books Ltd, 1994, P. 6. 367 Miranda Davies, Women and Violence, p. 7.

88 wherein men can perpetrate violence against women.368 Thus, according to this view, the origin of violence are located in social structure and the complex set of values, traditions, customs, habits and beliefs which relate to gender inequality.

Domestic violence is historical depending on culture. The dominant culture in any given society dictates the roles of persons and the structures for relationships. Over the centuries, the voices of the common people have been lost, often because they were illiterate and no one bothered to discover and record their daily experiences. History provides account of wealthy and accomplished men and extraordinary women but leaves out many others who have contributed equally to the community. Women in history suffer from the general underestimation and undervaluation of women both economically and socially. It is not that women were unable in the past to express themselves or were inactive; but their lives remain hidden in many historical interpretations. Today, however, scholars are attempting to retrieve a more accurate account of women’s roles in the past. This is done through several feminist movements and in collaboration with the government and the non-governmental organizations.369

Historian Mundy laments that women in the Middle Ages were valued as economic commodities.370 Women were perceived as functionaries for childbearing and manual labor. Tanzanian societies on the same line perceive women as important only as far as they can become good house wives. The conditions of the women in the middle Ages were extremely harsh. They were coerced into marriages where they were subject not only to the authority of their husbands but to beatings as a means to control their subservience. Their safety frequently depended on their ability to please their husbands and to bear children. As a result women died at younger ages than men if not in childbirth then from the heavy physical labor they had to undertake, or opportunistic diseases to which they were vulnerable because of the conditions of their work. Tanzania has the same similarities of forcing women into unbearable and inhuman situations.371 Nonetheless, historians today are finding evidence of the past which shows that at least some women in the middle Ages were credited with being pillars of the economy and of society as a whole, as well as pillars of virtue in the family.372

368 R.E. Dobash and R.P. Dobash, Violence against Wives, A Case Study against the Patriarchy, London, Open Books, 1980, pp. 23-30. 369 James F. Keenan, (ed)., Catholic Theological Ethics Past, Present and Future: The Trento Conference, Orbis Books, Maryknoll, New York, 2010, p. 109. 370 John H. Mundy, Europe in the High middle Ages, London, Longman, 1980, p. 207. 371 James F. Keenan, (ed)., Catholic Theological Ethics Past, Present and Future, p. 110. 372 Carlo M. Cipolla, ed., The Fontana Economic History of Europe, Glasgow, William Collins Son, 1981, p. 45.

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Women in Tanzania as it is to some other parts of Africa, despite some few feminist activists who struggle to raise up their voices to defend others done within their Organizations like Human and Legal Rights in Tanzania; many women are voiceless members of the community and are historically grouped with children.373 As a result they miss the chance to air out their views, problems and also offering their different contributions to the development of the country.

3.8 Political causes

Equality and respect for all are important in any society because they bring about stability, harmony and development. Each person should be viewed as an important part of social, economic, political, religious and psychic development of any society. It is unjust to marginalize some members of the community and thereby dismiss the importance of their voices. It is illogical to emphasize collective responsibility in national development and yet ignore the collective voice of the people.374 For instance, the government of Tanzania has emphasized the importance of all people’s participation in voting. All who have attained the age of eighteen have the right to vote for civil leadership in different positions in the government. It is obvious that many women as a vulnerable group in the Tanzanian society participate in the election aiming that at the end they will be listened to.375 But it has happened most of the time that after the elections, some people especially women have been rendered voiceless. Politics in Tanzania have led its people remain under political discrimination. When their demands are not met, women and children suffer a lot. The effects of political discriminations cannot be directly seen as affecting women. The reality is true as men fail to carter for the needs of the family and as women ask for help, they are violated. The poor social services and the political conflicts affect many women especially in their families as they take a big load of taking care of the family without success.

The research on social services in Tanzania done from 1990s onwards brought the result that water supply in the country has been a problem. Generally, the poor, most of who live in rural areas, have limited access to clean water for domestic and inadequate sanitation. We know for sure that economic benefits are achievable indirectly through improved health and time saved from the drudgery of carrying water over long distances. It is women and children who

373 J. Fedler and Z. Tanzer, “A World in Denial: International Perspectives on Violence against Women” in Reclaiming Women Spaces: New Perspective on Violence against Women and Sheltering in South Africa, ed., Y.J Park, J. Fedler and Z. Dangor, Johannesburg: Nisaa Institute for Women’s Develpoment, 2000, p. 14. 374 James F. Keenan, (ed)., Catholic Theological Ethics Past, Present and Future: The Trento Conference, Orbis Books, Maryknoll, New York, 2010, p. 111. 375 The United Republic of Tanzania, The Constitution of the United Republic of Tanzania, Article 5.

90 carry water to the homes and not men. In such situation the work to women increases, some women are beaten by their partners when the scarcity of water at homes is big and they also face many more discriminative actions.376 Some women have lost their marriages by been chased away by their husbands just because of going to fetch water at nights. They go at nights because the early one goes, the more the availability of water in some small water sources. This work has made men take their women as prostitutes, meaning that instead of going for water they go after men.377 Moreover, when the needs of the people are not met, men who are mostly supposed to bring food and other services to their homes as the result of their work, fail to do so. Hence, women bear the consequences including insults and physical assaults. The increase of political statements and promises during elections and the failure to improve the social services have led to the increase of domestic violence in the country.

3.9 Environment causes

The world is our common home. Human beings who are created greater than others are given the ability and reasoning capacity to take care of this home. Our relationship with the environment around us must be good so as to make our world a better place for living. The world cries out for the harm we have inflicted on it by abusing the goods given to us by God. Instead of taking care of it we have been living as lords and masters who are created to finish it up. According to Pope Francis; the violence we experience in our hearts, the wounds we have because of sin, is also reflected in the symptoms of sickness present in the soil, in the air, in the water and in all forms of life.378 The destruction of this earth which carries good things for us from the beginning of its creation, has led to the suffering of many people especially the poor and the other marginalized groups like women. When this environment is destructed or when environmental degradation occurs, it is directly linked to the violation and marginalization of women, especially in the Third World. This violation comes not directly from the environment but from men who fail to take care of their families due to the environmental degradation and as a result they find themselves in conflict with their partners as the house needs are missing.

It is without doubt that all the people especially; women, children and the environment are closely connected. We don’t speak of men living on the other world but the mentioned group

376 Samuel. M. Wangwe and Denis C. Rweyemamu, The state of Tanzania’s Social Sector in the Development Context, Economic and Social Research Foundation (ESRF), Bagamoyo-Tanzania, 2001, p. 12. 377https://water.org/our-impact/tanzania, Accessed, 06/06/2018. 378 Pope Francis, Encyclical Letter, Laudato SI, On Care of our Common Home, Vatican Press, Rome, 2015, p. 2.

91 feels more affected when there is environmental degradation. Women produce and reproduce life not merely biologically, but also through their social role in providing sustenance. They are close to the land and what belongs to it, they use it especially in Tanzania for the production of food for their children and for other members in the society. According to the scholar Visvanathan; an independent researcher living in Washington, DC area, a native of India and whose research and publications cover women’s health in the population context, education and the empowerment of adolescent girls, women’s movements and community- based participatory research; all ecological379 societies of forest dwellers and peasants, whose life is organized on the principle of sustainability and the reproduction of life in all its richness, also embody the feminine principle.380 This is due to the close relationship between women and the environment. When the environment is not conducive to the good and enough production, women remain violated by their partners as they fail to sustain the families.

Historically, however, when certain societies have been colonized and broken up due to the environment degradation and other causes; men have usually been the cause in participating in life-destroying activities and have had to migrate. Women meanwhile usually continue to be linked to life and nature through their role as providers of sustenance, food and water. The privileged access of women to the sustaining principle thus has a historical and cultural and not merely biological basis. When the environment is destroyed, the daily necessities including food become scarce and chaos in the families increases including violence against women as these men miss food. Some migrate to towns hoping to get better life but the situation has not been light. A good example in sub-Saharan Africa is the Kilimanjaro region in eastern Tanzania. In this region live the Chagga381 tribe that hosts a patrilineal society in which inheritance is traced through fathers. Though having a tendency of visiting home yearly, some men from this tribe can stay in town for more than three years without returning home. The wives who remain at home face a lot of violence as far as their basic needs are missing. According to McCloskey, an American Catholic priest and Larson; a highly

379Ecological is connected with the relation of plants and living creatures to each other and to their environment. 380 Nalini Visvanathan (co-ed.), The Women Gender and Development Reader, London, Zed Books Ltd, 1997, p. 62. 381 The Chaga (also called Wachaga, Chagga, Jagga, Dschagga, Waschagga, or Wachagga) are Bantu-speaking indigenous Africans and the third largest ethnic group in Tanzania.They traditionally live on the southern and eastern slopes of Mount Kilimanjaro in Moshi and Mount Meru in Arusha region. Their relative wealth comes from the favorable climate of the area and successful agricultural methods, which include extensive irrigation systems, terracing, and continuous organic fertilization methods practiced for thousands of years. They were one of the first tribes in the area to convert to Christianity. This may have given them an economic advantage over other ethnic groups, as they had better access to education and health care as Christians. Today due to the destruction of the environment life has changed to the big extent which brings more violence to women; See https://en.wikipedia.org/wiki/Chaga_people, Accessed 25/04/2017.

92 stratified sexual division of labor and an inherently unequal distribution of resources contribute to a society in which women are disadvantaged.382

The destruction of the environment in Tanzania some caused by the natural disasters which includes floods, drought and earthquake have led to violence and suffering especially to women. The flood prone areas are those located in river basins, especially Rufiji River basin which covers over 20% of Tanzania mainly area. Drought is a common natural disaster especially in semi - arid areas of the country such as Shinyanga, Dodoma, Singida, Tabora and Mwanza region. In these areas men have been harsh to their women as they request for their daily needs. Indiscriminate cutting of trees for agricultural expansion, building construction, woodpile and crop drying are considered to be major causes for desertification and drought conditions.383 Many other areas in Tanzania face the same problem of environmental destruction which brings more suffering to women.

Conclusion

In this chapter, we have explained the general causes of domestic violence against women in Tanzania. These causes cover the different systems and settings of the society in the wider sense. We have termed them as general because they act as a source of conflict not only in the families but also in the wider community. Much of violence is been practiced accompanied by some challenges and the current perception is that, people just tolerate it. This is due to poor knowledge of what, why and the solution to violence which the society particularly women have. The challenge here is on how to bring these violent acts open in the society and how to combat them. Hence, the formation of Christian conscience384 is needed as we shall discuss in the evaluation. This brings us to the fourth chapter about daily-today causes of domestic violence against women in Tanzanian families.

382 Jane Saffitz, Understanding Gender-based Violence: Evidence from Kilimanjaro Assessment of Rombo and Moshi Rural, Columbia University, New York, 2010, p. 85. 383The United Republic of Tanzania, State of the Environment Report, Division of Environment, Vice President’s Office, Dar es Salaam, 2006, p.144. 384 According to Richard Rwiza in his book entitled; Formation of Christian conscience in Modern Africa, published in Nairobi, 2001; Conscience has theoretical and practical aspects. Theoretically it provides a worldview, a Christian view of a person and his or her relationship to God. If such a metaphysical view is Christian, it will have existential motivations and will result into practical judgments and actions.

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CHAPTER 4

CONTRIBUTIVE FACTORS FOR THE DAILY TODAY VIOLENT LIFE IN THE TANZANIAN FAMILIES

Introduction

We have discussed in the previous chapter about the general causes of domestic violence. In this chapter we are making a research and speculation on the same but deep within the families. We base and direct our efforts to the daily causes of violence experienced by women in the house. There are things which are looked at by many as so small in house relationships but they bring out big negative effects. These effects are felt not only by the women but also by their husbands, children, other members of the household and the family at large wherever they are. Hence, domestic violence against women touches the whole society. This is the reason prompted Hartmann to write about violence in the family with reference to Austria. Our chapter reflects on her work as we enter deeply into the families in Tanzania, looking at the daily services, relationships between women and their husbands or partners which lead to violence.

It follows then, that, the existence of violence is experienced by all. It should not be taken for granted that children or the youth are free from violence. These are the current and the future generation and they can imitate violate life from their parents in the families. The thought that violence is cool or it is tolerable; is to be removed from people’s minds.385 There is a lot of violence happening at the background of our families. Not everything women face as violence is expressed out due to the cultural and other reasons. It is just expressed when the evil becomes big and cannot be tolerated anymore by the other partner. Violence has been a secret thing for a long time perhaps due to lack of knowledge and a thought that such is a normal system of life.

In 2010 the Tanzania Demographic Health Survey (TDHS 2010) reported that, 44% of married women had experienced physical or sexual violence by their current or most recent husband or partner and 37% of married women experienced such spousal violence in the past 12 months. It was also reported that, regions with the highest prevalence included Manyara (70.8%), Dodoma (63.8%), Arusha (58.6%), Singida (51.0%) and Mara (39.9%).386 These

385 Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p. 17. 386 See Ministry of Health, Community Development, Gender, Elderly and Children, Review of a National Plan of

94 were just regions mentioned but the other regions can have almost the same statistics. This brief overview brings us to the causes of domestic violence in the families. We have to be informed that the causes of domestic violence in the families are interconnected to the extent that one can be the cause of the other. Therefore, we will at times discuss several causes in one as they closely relate. Before treating the causes, we have here a birds’ eye view on what is meant by the family.

4.1 Meaning of family

Family is normally seen as the basic unit in society traditionally consisting of two parents rearing their children. It includes any of various social units differing from but regarded as equivalent to the traditional family such as a single-parent family. It also refers to a group of individuals living under one roof and usually under one head.387 The concept of a family in most African countries including Tanzania is similar and wide. According to Mbiti; who is a Kenyan-born Christian religious philosopher, a writer and an ordained Anglican priest; the Family in Africa has a much wider circle of members than the world suggests in other continents like Europe and America. European families consist of the core family that is of four people. The concept of core family in Africa exists but goes beyond that including more members.388According to Böhnisch, a social pedagogical man; a family should live in love, listening to one another and helping each other in case of challenges they come through.389

In our Tanzanian traditional societies and according to the interviewed people; the family includes children, parents, grandparents, uncles, aunts, brothers and sisters who may have also their own children and other immediate relatives. It is seemly large and they are bound together helping each other. We speak of the extended families where brothers and sisters regardless of the patriarchal and matriarchal societies establish families in one compound or close to one another.390 However some can even live far from one another but they remain closely connected. The concept of family in Tanzania includes the departed relatives who are known as the living dead. The many ethnic groups in the country and especially the Chagga of Kilimanjaro value this to a great extent.391 To strengthen this, when the father of the family

Action for the Prevention and Eradicating of Violence against Women and Children (2001 – 2015), Dar es Salaam, 2016, p. 2. 387https://www.merriam-webster.com/dictionary/family, Accessed, 16/05/2018. 388 John S. Mbiti, African religions and Philosophy, p. 106. 389 See Lothar Böhnisch, Männliche Sozialisation eine Einführung Mit Gastbeiträgen von Alexander Wedel und Reinhard Winter, 2., überarbeitete Auflage, Beltz Juventa, Germanz, 2013, p.201. 390 An interview by the author, at Marangu-Kilimanjaro region, June, 2016. 391 John S. Mbiti, African religions and Philosophy, p. 107.

95 is dead, people will still call or name the family towards the father. They refer to the father as far as the patriarchy system is concerned. In celebrations and in case of problems they include them and seek for their spiritual intercessions. They also include the unborn members who are still in the loins of the living and prepare for their coming into the world.392

Therefore, the concept of family in Tanzania can be expressed in two ways basing on a Household size and Family size. The concept of Household size consists of the number of people who live together in the same house sharing everything in common such as food and other daily needs. And the Family size refers to the number of household members whether in the house or not but belonging to it. They might be living far from home but that does not remove their belonging to the family. Family size is drawn from a larger network of relationships. The family size is named of the head who is the father.393 This short explanation on the family brings as to the daily-today causes of violence in the families.

4.2 Lack of money, Poverty and Stress

There is a tendency and a belief of some people that, money is everything. One can ask whether money is the source of compassionate love in the families or not. The work of Fitzpatrick, in Dominian work; who was an American football player and one who had interest on families and wrote about husbands and wives answers the belief that money is everything. For him, money is important in life and lack of it should not cause conflict in the families. The conflicts come about regarding on how the couple communicate and negotiate to each other about their economic difficulties.394 Some families tend to fail to sustain their love due to lack of money. Most women in Tanzania suffer from this problem as they always depend on men especially for money. It is as if money acts as the source of love and dignity in the family and when it lacks conflict arise. This is denied by Fitzpatrick but remains a reality in Tanzania. In Tanzania before husbands go for work are required to leave back some money for food. That is to be used to buy some food staffs for cooking and that as husbands return from work they may also eat. When they fail to do that and the situation persists for some times; the home becomes the place of violence where the woman and the children suffer the consequences.

Most of our families in Tanzania face domestic violence due to lack of money and lack of good communication. The low income in the families has led to many evils of violence. The

392 John S. Mbiti, African religions and Philosophy, p. 107. 393See C. Lwechungura Kamuzora, Poverty and Household/ Family Size in Tanzania, Multiple Responces to Population Pressure?, Research on Poverty Alleviation, Tanzania Printers Limited, Dar es Salaam, 2000, p. 1 394See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 176.

96 estimates showed that the poverty line for Tanzania in the year 1955 was Tanzanian shillings 73,877 per annum. More than 50% of the population in Tanzania had incomes below the poverty line. Although the economy had been growing at an average rate of 4% since mid 1980s this rate of growth was insufficient to generate an income level considered adequate to meet basic needs.395 Lack of money especially in Tanzanian families; results to grief reaction, shame, depression and despair and this aggravate the relationship between the spouses. “Money gives the holder power”, this is a traditional belief. In this view, with money, men can do any act of violence they want to their partners. There are women who work hard in order to rescue themselves from this situation within their families. When it happens that they have got money, then the situation changes and no more violence happens to them. These women become independent and they feel to have power as men.396

It is also a belief of some people that hard works are done by men and the light ones are left to women. In Tanzania, due to poverty and laziness of some men on the care of the family, the trend has changed. Women do the hard and light jobs together, so that they may get money and let the families continue surviving.397 This struggle encounters some challenges like the traditional belief that the presence of women in the mining areas can make them miss enough minerals.398 Despite all these challenges, Tanzania formed TAWOMA (Tanzania Women Miners Association) in 1997, an Organization to help women organize and access financial, technical and marketing services to enable women manage life in their families. All these efforts aimed at removing dependence on men which is the source of domestic violence in the country.

According to Okin; a liberal feminist, political, philosopher and author; argues that success in human life comes through a great deal of attention and a hard work. The greater part of it is done by women. She argues that, “it is no secret that in almost all families women do far more housework and child care than men do”.399 The household division of labor has a lasting impact on the lives of married women especially those who become house mothers. Every sphere of their lives is affected and most of them remain poor because they gain nothing in their work at homes. This is injustice because their house works are not counted and so violate John Rawls principles of justice. Being a housewife most of the time impairs

395 See http://maendeleoyajamii.blogspot.co.at/2009/02/poverty-in-tanzania.html, Assessed, 13/03/2018. 396 See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 184. 397 World Bank, Tanzania: Women in the Mining sector, Private Sector and Infrastructure, Knowledge and Learning Centre, Africa Region, 2001, article no. 189. 398 World Bank, Tanzania: Women in the Mining sector, Private Sector and Infrastructure, article no. 189. 399 See Susan Moller Okin, Justice, Gender and the Family, Basic Books, United States, 1987, p. 149.

97 woman’s ability to support herself and cannot meet her future choices in life. When a person works, deserves a just wage so that he or she may move forward in life. Money is therefore the subject of most conflict for married couples, although the issue of house work may be overtaking it.400 The family has become a school of day-to-day injustice.

We have seen already how Tanzanians live and that many of them reside in one house and share everything in common. Many of these families are very big and only few between them have jobs. Hence; the big the number of people the family has, the more the poverty.401 Thus, when the dependants are many those who sustain them cannot afford everything. In many families in Tanzania many members especially men who are the heads of the families find themselves stressed because of a lot they have in their plates. In these families only few possessions are found. Most of the time they share sleeping rooms and beds, house utensils, transport facilities like bicycles and even cloths for children.402 The heads of these families have to work hard and make sure that the wife and children get their daily needs as many women are unemployed. As these men come back home from work without food or money for the family; conflicts arise between the couples, fighting and other evils occur. Should we say that these men who do violent actions to their wives are responsible? Yes they are! But it is obvious that it is from outside forces the perpetrator has done that. His mind, intentions and actions were from outside him and one would think of not blaming him under such conditions.403 This brings us to the question of moral responsibility of these perpetrators. The fact remains true that they have violated their partners. But recording of this kind of violence is very difficult because it is mainly a hidden agenda. Sometimes they are not reported because the cause of violence can be a woman herself as the source of stress to the partner or husband. She may be the cause by not been a responsible woman who depend too much on the man. Here we say depending too much on men because there are other small petty businesses like having vegetable gardens where water is available which some women can do and from them they can buy small house needs. But those in these chances also remain

400 See Susan Moller Okin, Justice, Gender and the Family, p.150. 401Poverty is a condition of living below a defined poverty line or standard of living. Poverty is also about not having enough money to meet basic needs including food, clothing and shelter. However, poverty is much more than just not having enough money. Furthermore; The World Bank Organization describes poverty as hunger. Poverty is lack of shelter. Poverty is being sick and not being able to see a doctor. Poverty is not having access to school and not knowing how to read. Poverty is not having a job, is fear for the future, living one day at a time, in http://www2.gnb.ca/content/gnb/en/departments/esic/overview/content/what_is_poverty.html, Accessed 06/03/2018. 402 See C. Lwechungura Kamuzora, Poverty and Household/ Family Size in Tanzania, Multiple Responces to Population Pressure? Research on Poverty Alleviation, p. 2. 403 T. M Scanlon, What we Owe to Each Other, The Belknap Press of Harvard University Press, Cambridge, 1998, p. 250.

98 passive and they just wait for the men to bring. Therefore in searching for solutions to violence in these families we must consider both sides. Tanzanian families face many problems arising from dependence.

Due to poverty in many families, many members are affected. The male and female youth present in the families find themselves taking the responsibility of the fathers and mothers in taking care of the young ones. Some of these children and youth end their studies in the primary level. They cannot join the secondary schools due to lack of money. Hence, as children and youth they miss their right for education.404 Most of these children work in the farms and as house girls so as to obtain their personal needs and the needs for their fellow family members. By taking up these responsibilities they are forced to adulthood, that is, they carry the responsibilities above their ages which make them end up stressed. Many quarrels, conflicts and fighting within the Tanzanian families are a result of stress. The women, children, youths and many men feel stressed as they find themselves unable to fulfill their duties. As a result men react negatively causing violence against the other family members.

The stressful life has led to the bad treatment of women in Tanzania. Many of them are beaten and injured. When somebody outside the family asks for the source of the injuries; the answer which will be given is always surprising. Some will claim to have been engaged in accidents and others will never speak out. Many of the true answers are found in the medical field where the badly injured women seek for treatment. The study of Hartmann on the families in Austria describes the situation of the injured women who reported to the medical fields. She cites the research done by Demie Kurz and Evan which discovered that 15% of women in the targeted society had injuries from battering they got from their husbands or from the men they were related to as wives.405 These results showed how big the evil of battering was done in those families. According to our research on women battering in some parts of Tanzania, the result was found to be shocking. As already expressed in the previous chapter; Spousal battery is a widely spread practice in Tanzania across the walks of social life. The percentage of the buttered women was high but the reasons were amazing. Apart from the reasons mentioned previously; there were many more reasons for women battering such as not been able to cook well. One woman explained to the author that she experienced beating because of not greeting her husband in the morning and for serving food at table

404See John Wall, Children’s Rights Today’s Global Challenge, p. 57. 405See Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p. 21.

99 without saying a word of welcome to the husband.406 It follows that, the general cause for wife and women battering were stress due to the hardness of life experienced in the families.

4.3 Alcoholism and Drug abuse

Alcoholism407 is a serious problem in our world. Alcoholism is a topic which is wide and can be discussed bringing out large volumes of books. Alcoholism is a chronic, progressive disease that affects millions of people in the world including Tanzania. It can cause a large number of medical problems and is associated with violence and child abuse. There has been a large discussion on alcoholism on whether it is a disease or not. According to Hobbys a physician; despite the fact that others take it as a disease, it can still be observed as merely a behavioral problem which is sometimes not easy to detect and treat. But he sees to it that, as a disease it can also be preventable and treatable. The discussion goes further to indicate that, the use of the term “disease” increases, alcoholics and other emotionally disturbed people to believe that they are “sick,” and need medical rather than psychological help to overcome their addictions.408 Alcoholism whether taken as a disease or a behavioral problem, still remains a source of domestic violence in many families in our world.

According to Torr, a researcher from the United Kingdom, who dealt above all by violence in the media; he argues basing on the context of America that, drinking should not be an alarming problem but alcoholism.409 Drinking can be a very good and enjoyable activity if it is done responsibly. Those who do not drink basing on faith and on other reasons should not abuse those who drink but should condemn alcoholism as it affects the society to the great extent. Many families including women suffer a lot from the effects of alcoholism and drugs.410 It follows, then, that, the negative view of alcohol is for many people unjustified.

406 Interview by the Author, Same –Cathedral, Tanzania, July, 2016. 407Alcoholism according to James Torr in his book entitled ‘Alcoholism’, p. 19; defines it as a chronic disease, progressive and often fatal. Alcoholism is a primary disorder and not a symptom of other diseases or emotional problems. The chemistry of alcohol allows it to affect nearly every type of cell in the body, including those in the central nervous system. In the brain, alcohol interacts with centers responsible for pleasure and other desirable sensations. That is why according to some experiences, a person can be seen to be so stimulated and aroused with so many things, something that had not happened to him or her before drinking. It is after the prolonged exposure to alcohol that the brain adapts to the changes alcohol makes and becomes dependent on it. For people with alcoholism problem, drinking becomes the primary medium through which they can deal with people, work, and live. These people are not able to do something without alcohol. Those already affected by alcoholism can with a glass of beer get drunk. Alcohol dominates their thinking, emotions, and actions. The severity of this disease is influenced by factors such as genetics, psychology, culture, and response to physical pain. 408 See James D. Torr, Ed., Alcoholism; Current Controversies, p 83. 409 James D. Torr, Ed., Alcoholism; Current Controversies, Green haven Press, San Diego, 2000, p. 50. 410Drugs according to Ryan D. Wynne on his work about, You Get Enough? Drugs and their Modifying Effects on Human Body; refers to them as chemical substances that when taken into the body, alters the structure or

100

The misuse of alcohol is the one to be condemned and not alcohol itself which must be the public disapproval.411 But it should be clear that alcoholism starts with the social acceptance of drinking.

Alcohol and illicit drug abuse causes serious problems affecting the psychological and physical health of millions. The United Nations Office on Drugs and Crime [UNODC] (2012) estimates that in 2010, about 15.5 to 38.6 million people worldwide had the problem with the use of drugs.412 The research found that around 200,000 people worldwide each year suffered from drug-related deaths. According to the World Health Organization [WHO] (2011), 320,000 young people between the ages of 15-29 die from alcohol-related causes each year. It was also found that overall harmful alcohol use, results in 2.5 million deaths each year that arises from unintentional and intentional injuries.413 This was a world-wide research and when one embarks to particular countries, the results will differ accordingly.

Alcohol and drug abuse in many parts of the world is one of the causes of domestic violence in the families.414 Many wife beating actions in the families result from the excessive use of drugs and alcohol. Some women tolerate their drunkard husbands to the hope that they will one day change. When the husband is addicted in alcohol, the violence actions continue and sometime leads to separation. The effects end not only with the separation but affect the whole family and ultimately the whole society. Alcohol problem in Tanzania is an alarming issue. Many people in Tanzania drink alcohol and others engage in drug abuse. Almost all the 123 tribes in Tanzania have their tribal local brew or beer! In many of these tribes, drinking is something innate and they cannot do without drinking. The good example is the Chagga who live around the Kilimanjaro Mountain where “Mbege” made from bananas is their local beer. They value it and it is used in different celebrations and functions including solving different problems which occur in their tribe. Whoever found in mistake must be punished and among the punishments is to bring a certain amount of the said local beer to the elders.415 It is due to

functioning of the body in some way. Some of these drugs which harm health are like Cocaine, Amphetamines and Heroin. 411 James D. Torr, Ed., Alcoholism; Current Controversies, p. 50. 412 Faith Wanjiru Kimunya, Gender differences in Reasons for Alcohol and Drug Abuse among Youth in Kenya: Programs for Prevention, The American University in Cairo, p.1, ucegypt.edu/bitstream/handle/10526/3283/Thesis.pdf? Sequence=1, Accessed, 07/03/2018. 413 Faith Wanjiru Kimunya, Gender differences in Reasons for Alcohol and Drug Abuse among Youth in Kenya: Programs for Prevention, The American University in Cairo, p.1 Aucegypt.edu/bitstream/handle/10526/3283/Thesis.pdf? Sequence=1, Accessed, 07/03/2018. 414See Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p.30. 415 See https://www.facebook.com/TigoTanzania/posts/1146721562030861, Accessed, 07/03/2018.

101 the misuse of many local beers and other types of alcohol that many actions of violence in Tanzanian families arise.

There are many effects resulting from alcoholism including physical abuse directed mostly to women. Despite the effect of alcohol on the partners; children and the society around is highly affected. Malnutrition to children has been one of the effects due to lack of food. Alcoholism has made many men in Tanzania forget their responsibilities. Some parts of Tanzania like Same and Rombo districts within Kilimanjaro region were once highly affected. The media had many times reported of the presence of few children in those families within the districts. Alcoholism has made many men in the mentioned areas and also in others fail to engage in marital relationship so as to bare children. This has brought conflicts in the families and domestic violence against women has grown to the large extent. The wives have been beaten for no reasons but other times beaten as they request for their marital rights.416

There are different needs and also different meanings of alcohol consumption in the individual cultures.417 There is a belief in some cultures such as those of the Chagga people of Kilimanjaro that; alcohol unites them with their forefathers. They drink and pour some of it on the ground so as to be connected to their forefathers in the next world accordingly.418 There are some tribes, in which alcohol consumption looks down the gender perspective, meaning that only men are allowed to drink. According to some cultures in Sub-Saharan Africa, drinking is forbidden to some groups. There are societies in Tanzania like among the Chagga people where young women and girls are not allowed to drink alcohol. Moreover, medium aged women are allowed but in moderation. They have to drink a bit and go home to cook and do other house works. The husbands remain longer in the bars taking more alcohol. As a result they get drunkard and violate their women at home.419 The conditions given on drinking especially for women are meant to undermine them. When drunkard men in Tanzania roam around the villages, this is taken as a normal thing but for women is like a curse. Drunkenness and alcoholism brings down or degrades the society.

The other drugs have the same effects in the families and societies in general. Drugs like Marujuana and others have highly affected our societies in Tanzania. At the local level, any

416 See Swahili Times News, September 2016. 417 See Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p. 32. 418https://sw.wikipedia.org/wiki/Mbege, Accessed, 07/03/2018. 419 Marcus Grant, eds., Alcohol and Emerging Markets Patterns, Problems and Responses, International Center for Alcohol Policies, Brunner/Mazel, USA, 1998, P. 7.

102 community with drug abusers faces problems of insecurity as they are prone to crimes. Because drugs alter feelings, the abusers may be involved in fighting. That is why we find that the husbands who use drugs, always abuse their wives in many areas in Tanzania.420 The youth and other members in the societies find themselves engaging in many evils of violence due to the use of drugs.

Domestic violence in the families therefore, includes among many the three connected things which are violence itself, depression and alcohol. When a man or woman is depressed can resort to alcohol drinking as a way to do away from the problems or stress. The reality remains that, it just takes a short time and after the drunkenness is over, one finds himself in the same problems. Drunkenness leads to a certain degree of excitement, loss of restraint, speech can be slurred, and the lack of coordination in movement and forgetfulness which makes some forget even their own names.421 Drunkenness and alcoholism makes one fall asleep easily and sometimes making one aggressive.

Under the influence of a drink, husbands and wives may become verbally abusive. It has occurred that those men who are alcoholic tend to develop jealousy and are perpetually under the impression that their spouses are having some sexual affairs with other men. This kind of thinking has led to violence in many families and many women have separated from their husbands. Alcoholism leads to the withdrawal of affection and interest to the partners, deterioration in work and violence.422 Drunkard people at times seem to be a laughing stock but according to the experience of the researcher; it is through the drunkard people that many truths are discovered. When a drunkard person returns home can even tell where he or she was, with whom and what they were doing even if it was in secret. Alcoholism as a cause of violence, can act as one of the positive side of the alcoholic people to the seeking of the solutions. This makes the other partner know the truth and the real side of the person after they have lost control due to alcohol. But this does not mean that we should let it continue. Nevertheless; Many violate men in some families in Tanzania, have showed the true side of their lives by telling it out themselves when they are in a state of drunkenness. It is through this truth that life begins a new as they are directed and counseled so as to do away from

420 M. K. Possi, Effects of Drug Abuse on Cognitive and Social Behaviors: A Potential Problem among Youth in Tanzania, in African e-Journals Project, Faculty of Education, University of Dar es Salaam, p. 121. 421 The author been closely connected to the society and a follower of those who violate the others; came across many drunkard people at the streets trying to ask him about their names. This kind of drunkenness has also led to many problems including accidents at the roads where they are knocked by cars and die out. The author has met several drunkard men asking him to tell and remind them their names. This is really amazing but sad events in life. As some manage to reach their homes, the situation turns worse as conflicts become the order of the day. 422 Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 200.

103 alcoholism. As a result violate actions to the wives and children are reduced or totally eradicated in these families. The author interviewed one among the women who exclaimed:-

Her husband was always drunkard and when he returned home he always caused troubles. He sometime forgot even his sleeping room. One day he came home when he was drunkard and in the influence of alcohol, he went and slept in her daughter’s room. Unfortunately, the daughter was late in returning home from her place of work. As she returned back, the mother told her to go to the visitors’ room to sleep. They arranged to use this day to stop this Father from drinking. What they did was to get up early before him and knocked at the daughter’s room where he had slept. As he opened, the mother while crying told him that she was tired with his drinking and it has taken him even to the attempt of raping his own daughter. The daughter lied to him that as he wanted to rape her, she ran to the other room. After the discussion among them, the husband stopped drinking from that day on.423

The influence of alcohol has had many effects in the families by causing violence not only to the women but also to children and other family members. Moreover, some of the pregnant women have had forced abortion due to stress and beating they received from their husbands in the influence of alcohol and drugs. Consumption of alcohol is associated with acute and chronic adverse health outcomes as well as negative social and behavioral outcomes, such as risky sexual behavior.424 Under the influence of alcohol a husband can rape his own wife.

One of the major tribes in Tanzania, in which almost all men and other members of the families drink alcohol, is the Chagga as already explained above. According to the health report from the Kilimanjaro Christian Medical Centre (KCMC) a referral hospital available in Kilimanjaro region where the mentioned tribe resides; 50% of all brain injuries involved alcohol consumption. This shows how alcohol abuse acts as a source of violence and is a big public problem in the region.425 Factors that contribute to alcohol abuse in the area include the presence of the private home brewers. The lifestyles that are dominated by social pressures and traditional expectations such as the excessive consumption of alcohol at weddings, funerals, and other distinct occasions is another factor. All these speed up domestic violence against women in the region. The research in the region reflects almost the same situation in the other 30 regions in the country as they all have local brews or beers. It goes without saying that, excessive alcohol consumption has many negative effects in the families and in the society at large. We are to be aware that alcoholism is not only a men problem but

423 An interview by the researcher in Same District town, Tanzania, July 2016. 424 See Joyce Onesphor Tesha, Assessment of Alcohol Drinking Pattern and Knowledge of Its Effects on Sexual Behavior among Secondary School Students in Kinondoni Municipality, Muhimbili University of Health and Allied Sciences, Dar es Salaam, 2013, p. 1. 425 Vicky Castens and Felix Luginga, Etalii, Alcohol Abuse in Urban Moshi, Tanzania, in Food Poplicy for the Developing Countries The Role of Government in Global, National and Local Foods System, Cornell University Press, New York, 2012, p. 2.

104 also some women in the societies have the same problems. In the majority of instances, excessive alcohol consumption is utterly detrimental to marriage and calls for a response. The response can be medical or can be through the use of alcoholics anonymous or combination of both.426 The recommendations will tell us more on the how to do away from alcoholism which is the cause of violence.

4.4 Bride price/Dowry

Marriage and procreation cannot exist following the normal African systems without the fulfillment of some requirements. But procreation or birth outside marriage can today happen than before. Marriage427 is a wide and complex affair which involves economic, social and religious aspects. In a real marriage the three aspects cannot be separated.428 For the African people marriage is the focus of existence. It is an occasion where all members from both sides meet including the departed and the yet to be born. The words, wishes and advice given out during the marriage processes involve all.429 The participation of everybody is a must and whoever misses these events is likely to be rejected by the society. Marriage is not a single day act. It is a long process which ends with the blessing in the Church and Mosque for the believers and in the traditional places for the non believers.

Marriage without procreation is incomplete in Africa and everywhere as it is an essential Christian element. Tanzania as one of the countries in the world is bound by this essential element. A marriage without children in Tanzania does not take long without separation or the marrying of another wife. This tendency has brought a lot of violence in the families. It is only few married persons in Tanzania who can tolerate marriage without children. In these

426 Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p.201. 427Marriage; according to a number of anthropologists should be defined to suit all societies. Eriksen has made an attempt to define marriage and he observed that even if a man chooses his partner or the partner is just brought to her; what should be taken into consideration is the relationship between groups and not primarily between individuals. His explanation touches more on the African concept of marriage. Marriage can be described in several ways referring to different cultures and religions. Marriage is not a personal affair. It is not just an institution for the fulfillment of biological needs. It should not be taken as an instrument of pleasure only though intended for that purpose too. It is recommended by „Gaudium et spes“and now „Amoris latetita“which praise the pleasure and the joy of sexual desire within a Catholic marriage explicitly. The traditional ranking of procreativity and pleasure has been suspended by GS officially! There is no ranking any longer. It is obvious that a marriage without sexual pleasure will not last very long. It is a social alliance par excellence. Whatever may be the kind of society, it has same inbuilt mechanism for providing legitimacy to the sexual needs. However, the functions that marriage institution performs have different priorities in different societies. See George, Accessed, 07/03/2018. 428See John Mbiti, African Religions and Philosophy, p. 133. 429See John Mbiti, African Religions and Philosophy, p. 133.

105 families many doubts about infertility are thrown to women but it may be the vice versa that the husband is the one who is impotent:-

On the course of our research in this work we came through some families which were indeed of such kind. Husbands and wives in these families stayed together and claimed to have their children. The people outside these families cannot discover that there is cheating and violence between them. The children from these specific families we encountered here were from the wife and the men outside wedlock. These women did this from the first child to the last but claiming to come from their husbands. It is only during conflicts between them one can hear from the wife about the impotence of the husband. As a result many men have run away from their houses due to shame from the society. The reason is the wrong belief from some men that only women can be unproductive.430

Marriage in Africa is accompanied by things like giving of the bride presents (dowry), polygamy, inheriting the wives of the deceased brother, parents participating fully in arranging marriages for their children and many more.431 Our concern here is the bride price432 and dowry which is normally paid before marriage. But due to poverty, others are allowed to continue paying slowly while enjoying their marriage life. In case one does not pay it before the parents of the wife die, then he can remain cursed by such a failure.

Marriage officiated in the Church or the traditional one has many demands. One of the demands is the payment of dowry.433 Marriages in some parts of the world had or still have associated payments made by one side to the other. Understanding the reasons behind the prevailing direction of these payments is important as it has implications for the wealth distribution across families and could possibly affect how parents view the birth of a daughter

430 The authors witness and Interview to the concerned women, in Mavanja Parish, Diocese of Same Tanzania, July, 2016. 431 John Mbiti, African Religions and Philosophy, p. 134. 432Bride Price refers to a gift or a sort of payment paid or given to the bride’s parents as a thanksgiving for the work of rearing their son. This is rarely done in our marriage system in Tanzania. It is dowry system which is highly practiced. 433Dowry is defined as a transfer of parental property, gifts or money at the marriage of a daughter. Dowry contrasts with the related concept of bride price which is paid to the husbands parents. While bride price or bride service is a payment by the groom or his family to the bride's parents; dowry is the wealth transferred from the bride's family to the groom or his family. Dowry is an ancient custom, and its existence may well predate records of it. Dowries continue to be expected, and demanded as a condition to accept a marriage proposal, in some parts of the world, mainly in parts of Asia and Africa where Tanzania is situated. In some parts of the world, disputes related to dowry sometimes result in acts of violence against women, including, torturing, killings and separations. The custom of dowry is most common in cultures that are strongly patrilineal and that expect women to reside with or near their husband's family. Dowries have therefore a long history in Europe, South Asia, Africa and other parts of the world; See https://www.thespruce.com/what-is-a-dowry-3489481 Accessed 26/06/2019.

106 versus a son.434 Basing on the payment of dowry, many married women have ended in conflicts, violence and even separations. At the beginning, dowry is taken as a good act and beneficial to the side of the wife’s family but later on it is taken as a weapon to punish the wife. Many husbands equate the payment with the value of a woman. Many husbands use the words that they have bought their wives. Separation and divorce in marriage results from this false view. If it happens that the wife does not bear children, she is chased away because she blocks the stream of life and that their dowry is lost.435 Wife without children is for African mentality a curse in a family. Due to the fact that he paid for her, he treats her badly, the relatives help the husband by throwing bad words to her and at last separation occurs. It is due to dowry that continued cruelty from the husband is recognized. This problem will later be discussed in the theological part of our work.

In Tanzania as we have discussed above, the ethnic groups which trace their descent through the male line; marriage customs traditionally include presenting a dowry, by the bridegroom to the bride’s family. This may be in the form of money, livestock, local beer, clothes or some other item. The value of this dowry will be worked out in negotiations between the family of the bride and the family of the groom, and preparations may be extensive, often taking several months. The rich families can make two ceremonies; one for the dowry payment and sendoff of the girl and the second is wedding in the Church or in any other place according to their faith and the consent between them. There are some tribes in Tanzania such as the Sukuma, which determine their dowry according to the type of a woman they want to marry. It is interesting to hear that, if a woman is a bit brown in color, more than 10 cows are to be paid and when she is a black beauty fewer cows are paid. They use cows because most of them are farmers and livestock keepers.436 When the conflicts arise between the two, wives are called bad names. They call they cows because out of cows given to their families of origin, they got them. In the theological part we will see that all men and women are created in the image and likeness of God. There have been some efforts in the country to eradicate the payment of dowry. This will allow many marriages to be contracted and an increase of many peaceful families. In the year 1963, Tanzania had made some pronouncements on the traditional marriage which did not appear in the Constitution of 1977. Thus, in the year 2013, the Ministry of the amendment of laws decided to make a research in some regions to see the

434 See Dowry and Bride Price: The Role of Network Benefits in ncw.nic.in /PDFFiles/Dowryactamendment.pdf, April 2010, p.1 435 John S. Mbiti, African religions and Philosophy, p.145. 436 See Macriner Watupipo, in http://www.watupipo.com/2017/09/14/hatua-4-muhimu-za-kulipa-mahari-kwa- sukuma-tribe-nyama-hailiwi-mpaka-kieleweke, Accessed, 08/03/2018.

107 extent of the evil. The regions researched were Lindi, Mtwara, Morogoro and Ruvuma in southern part. They considered also the ethnic groups which base on matrilineal societies.437 The ministry aimed at evaluating and looking on how to include dowry laws in the new Constitution. It is dowry which validates marriage according to the mind set of many people and ethnic groups in the country. But they still look on the ways to stop it so as to build better future generation which is free from violence. This is because dowry though important in the validation of marriage as many believes, it many times act as a weapon to punish women.

The payment of dowry has to the great extent affected the question of inheritance. The inheritance which we refer here includes women and properties. When the husband is dead, the men’s relative can traditionally inherit them.438 This practice is fairly common in Africa. The claim is to make the woman still remain with them and continue baring children for their deceased brother. The other side of it is to make sure that the dowry paid is utilized to the end. If the wife of the deceased insists to leave, then the parents or her relatives are to return back the dowry which was paid. The inheritance of properties is only allowed to men’s relatives and the wife left with nothing. Moreover, when women are inherited, there is above all a great risk of the spread of diseases including HIV AIDS.439 This can affect the working population in the families, country and the world at large. The ministry of law and other non- governmental Organizations are struggling to make sure that solutions to the question of dowry are found.

4.5 Rape within marriage

Sexuality and marriage are closely connected. Marriage in Catholic Church means a lot.440 The encyclical ‘Humane vitae’ insists that the conjugal love must be done in respect.441 The Popes teaches on the transmission of human life which is the most serious role in which married people collaborate freely and responsibly with God the Creator. It has always been a source of great joy to them, even though it sometimes entails many difficulties and hardships.

437 Aloysius B. Mujulizi, Jamhuri ya Muungano wa Tanzania, Tume ya Kurekebisha Sheria, Tamko la Sheria za Kimila, Dar es Sallam, 2013, p. 1. 438 John Mbiti, African Religions and philosophy, p. 144. 439Ibid,p. 17. 440Marriage according to the Code of Canon Law 1055-1165 is explained as a contract or agreement between a man and a woman who agree and commit themselves before the Church under its minister to live together for life, showing love and meet the demands of marriage which are procreation and taking care of children. It is a sacrament. The conjugal love among all the necessities should be shown and done in respect. The conjugal love requires five characteristics which are to be fully human, total, faithful and exclusive until death, fruitful and moral. 441See Pope Paul VI, Encyclical Letter ‘Humanae Vitae’, Vatican Press, Rome, 1968, Nos. 9-10.

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These challenges are tackled by the Popes Encyclical but there are much deserved today as far as the issue of birth control remains a hot discussion.442

Those who are married should listen to each other on the question of marital act. Hartmann mentions rape within marriage as evil. The reality remains that rape within or outside marriage is evil. There is therefore no uniform definition of sexual violence against women.443 The use of force in marriage or in relationship concerning sexual act, is rape. This has taken the highest rate in women though not always reported. It is hard to get the details of rape within marriage in many countries. Historically, few of these actions have come up openly. It is worse in Tanzania where the sexual matters within marriage are hardly spoken. There are customs and traditions which prevent it and let the women remain in much suffering. The culture of the people forbids them to speak much about sex because these are seen as shameful acts. It follows then, that, even those raped outside marriage hardly report the events because of the fear of being isolated from the community. The few reported is due to a certain situation which forces them. The author of this work got hard time when having interviews with women in some parts of Tanzania about rape within marriage. Most women complied that most of the time they are obliged to agree to sex even when they are not prepared due to the ignorance of the matter within them. We came across some pregnant or expectant women who were at the same time having many young children. Their differences were hardly a year:-

The author came across a woman who explained to have five (5) children and all having a yearly difference. As we wanted to know the reason for that; the woman was unwilling. It is only later that she told her story. She had never had a willing sexual act in her marriage. It was then hard for her to plan because the husband forced her any time he wanted. As a faithful Catholic bound by her faith she could not use the contraceptives for she was also informed of the complications they bring to the body. That remains a challenge for us.444

The hardship we got in obtaining details from the mentioned interview, applies to many other married women in the country. They do not understand that sexual relationships for the marriage partners must be out of free consent. Do not touch, invade or use is the requirement unless an individual freely consents. Without ones decision, that will be rape.445 The married people are to keep their promises, remain faithful and truthful and know that deception and

442 See http://engage.catholic.edu/s/817/16/interior.aspx?sid=817&gid=1&pgid=4164, Accessed, 08/03/2018. 443 Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, Tyrolia-Verlag. Innsbruck-Wien, 2002, p. 61. 444 An interview by the Author, Same-Tanzania, July, 2016. 445See Margaret A. Farley, Just Love, A Framework For Christian Ethics, Continuum International Publishing Group, New York, 2008, p. 219.

109 betrayal are ultimately coercive. To treat persons as ends and not as mere means, includes respecting their capacities and needs for relationship.

The Organizations dealing with human rights tackled many questions including rape within marriage. The legal and Human Rights Report of the year 2013 in Tanzania which measured the situation of women respect basing on their rights; found out that, rape cases were unavoidable. It was discovered that when rape occurred, the one raped was to report to the Police so as to obtain the treatment permission. This condition was and is still seen as discriminative because only few were able to report such events. This led even to the death of some women without any treatment. Another problem which they encountered was lack of secrecy on the part of the Police in the stations where they reported. As soon as they reported, the other people around got the information which made the raped women be seen as useless within their own societies. As a result many women do not report the events of rape to the Police stations. Basing on Demography and Health of 2010; the research on violence between children and women in the country, showed that, 45% of women faced physical and gender violence, rape inclusive.446 There was a report of an evil done to a woman and reported to the police station. This was reported when the husband used a sharp thing to harm her wife’s sexual organ. But till this report, no step was taken against the husband.447 Actions like this have brought back the effort of reporting the violence especially those concerning sex.

4.6 Marriage and concubines

A woman who is involved in a marriage kind of relationship with a man, but is unable to marry due to certain reasons is referred to as concubine.448 There may be several reasons why they cannot marry. These include lower status of the female or married status of the male.449 Hence, more commonly it is only men with high economic or social status tend to have concubines. Many women in Tanzania or more in the third world countries can easily be trapped in this kind of life. It is evident that, many women in Tanzania are unemployed and

446See Ripoti za Nchi kuhusu Mwenendo wa Haki za Binadamu; A Tanzania Report on Human Rights of 2003, Idara ya Serikali ya Marekani. Ofisi ya Demokrasia, Haki za Binadamu na Kazi, Dar es salaam, 2013, p. 8. 447 Ripoti za Nchi kuhusu Mwenendo wa Haki za Binadamu; A Tanzania Report on Human Rights of 2003, p. 11. 448 From www.newadvent.org/cathen/04207a.htm, Concubinage is defined as the state more or less permanent state of a man and a woman living together in illicit intercourse. In its strict sense, it is used to mean those unions only in which the man and the woman are free from any obligation arising from a vow, the state of matrimony or Holy orders or the fact of relationship of affinity. It is immaterial whether the parties dwell together or not, the repetition or continuance of illicit relations between the same persons being the essential element. In modern usage, the term concubine often denotes the status of a quasi-wife who is not legally married to a man with whom she lives. The man (but not the woman) may or may not be in an ongoing legal marriage with another person. 449 See www.whatisall.com/what-is-concubinage, Accessed 22/11/2016.

110 they are dependent. There are those single parent women who stay only with their children and when one asks for the children’s fathers, will never be told. It may happen that she was married and later divorced or she just decided to have children by different or one man without official marriage. A lot of lying is involved here due to their hidden reasons. But it should be remembered that, it is wrong to tell a lie, even if doing so would bring better results.450 But tradition has developed all kinds of ends where it is allowed to tell “a little lie” or just to be silent on the topic. This depends on the end. Of course “better results” is not a good reason to lie but “protect one’s own life against somebody who does you harm, is a good reason. As a result of lying therefore, these single parent women reach a point where they cannot take care of those children. Hence they resort to be taken as concubines.451 There are some women who accept willingly to stay with other women’s husbands as concubines. These women have been the cause of domestic violence to the official and former wives. The experience shows that, concubines can be respected more than the wives. This is due to the fact that, as they come in, they do whatever means possible to please these men. When a man takes a concubine, he knows for sure that he cannot marry her. The aim of taking her is just to replace the things he missed from the wife. One of them is like the need of more children when the wife is already at menopause.452 The presence of the concubines either willingly or unwillingly in the marriage families have increased the evil of domestic violence. Some leave their former husbands who are poor and run to these rich men who just give them money and use them sexually. They use sexual act in reward for money but those men can never marry them. It follows, then, that, the social injustice and the fact that women depend on men is the source of the evil.

As far as taboos, ignorance, fearfulness and poor decision making for married women is concerned; husbands bring home other women claiming to be their wives even without marriage. As a result, abandonment of the former families, having children outside wedlock on the part of men and scolding the wife before other men exists. This shows their superiority over women. Worse enough is when other men run away from home to establish other families. This increases the evil of domestic violence and such events are many in Tanzania. Admittedly, one interviewee confided to the researcher the following:-

450 See Shelly Kagan, Normative Ethics Dimensions of Philosophy series; West view Press, USA, 1998, p. 107. 451http://www.newworldencyclopedia.org/entry/Concubinage, Accessed, 08/03/2018. 452 See John Mbiti, African Religions and Philosophy, p. 142.

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Am (35) years and am having legs problem. I live at Maore village in Same District. I was married in 2001 and I have two children. My husband is a shopkeeper around this same place. He brought another woman and built a house for her. I am now looking as the second wife to my husband. He completely abandoned me and went to live with the other woman. For several years now I get nothing from him. He abandoned me and my children. I failed to take the last born to school due to poverty. My work is just selling vegetables and is not enough for me and the children. I then reported him to the village officer. The husband is now paying for the child through the village office.453

The same kind of situation faces many other women in Tanzania. They lack money to feed their families due to husband’s irresponsibility. In other cases some women live with men without marriage claiming to plan for it later. As a result they find themselves having children and later on abandoned. Separations in the families have been occurring due to men’s unfaithfulness and the claim that, they can marry at any time they want if their wives continue following them behind on some issues.

4.7 Male superiority

Both man and woman possess the same basic human needs and qualities like reason and free will. The differences between man and woman should not be denied as far as the moral equality is concerned. The degrees of intelligence, characters, tastes and aptitudes are to be considered. People are born in different environments and circumstances which affects them including the feeling of been greater than others.454 Most of our people especially men in Tanzania have that feeling of superiority. This falls not only to the married men but also to the young boys. They see women and girls as people with low thinking capacity and unable to excel in life. Hartmann; looked at the traditional image of men and women and found that, there is a question of gender on one side which speeds up the violence and hierarchy on the other.455 The hierarchical power practiced and imparted over women is high in Tanzania. Men see themselves as Kings and women have to do everything for them. In some societies men do not want even to be led by women despite their leadership capacity.

As the author of the work, I witnessed in Dido Catholic Parish the election of the Chairperson. The election was well done and at the end a woman became the winner. Just after the announcements, the complaints arose among the people. The election committee leader asked the members to give out their reasons for the lament. Most of the men just said that they did not want to be led by a woman in the Church. There

453 Mwanaasha Musa, Interviewed by the author in Maore, Same 16 /07/2016. 454See Rev. John F. Cronin, Catholic Social Principles, p. 80. 455 Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p. 24.

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was no any other reason. They claimed that their power as the heads of the family at homes should go as far as to the Church.456

The above witness shows how women are treated at homes. The male superiority is seen almost everywhere in the systems of life. The rejected woman at the above incident continued to be the leader of the Parish despite the complaints from the mentioned men. If the presence and contribution of women in the families could be valued, then domestic violence could be a history. Male control of family wealth inevitably places decision-making authority in their hands, leading to male dominance and proprietary rights over women and girls.

4.8 Familiarity in Marriage Life

According to Peschke, the author of Christian Ethics; the union of husband and wife calls for a most intimate partnership of mutual love and assistance. This relationship means solidarity in all the matters pertaining to body and soul, in all sorrows, joys and sexuality between them should foster union.457 Both spouses have the duty to see the material and spiritual welfare of the family. In this union husbands are supposed to be in the front line to make sure that all the needs of the family are met. They are supposed to do this in communion with their wives. It is to be noted that these spouses come from different backgrounds and they can differ or agree in some matters. At the beginning of their marriage life, things seem to be good for they have not got used to each other. During the period before marriage they can both camouflage. As they continue living they know each other better. They know how one behaves and reacts, how one considers the other in life. It is after living for long or for a short period, the good and bad behaviors show up and problems including violence begin.

The research shows that, before the couple gets children there are no many conflicts because they have sex gratification as they need it. According to Cowan, who was an Australian social reformer and who worked for the rights and welfare of women and children on the impact of children she argues that; when a woman is pregnant and especially at the ninth month, the love reduction begins because of minimal sexual acts and after birth of the child more reduction occur as more love and care goes to the child. This goes on to the first six months of the infant’s life to the eighteen months old where the fathers also show pronounced decline in marital satisfaction.458

456 The Catholic Diocese of Same-Tanzania, Dido Parish, July 2016. 457 Karl H. Peschke, Christian Ethics A Presentation of Moral Theology in the Light of Vatican II, Volume II: Special Moral Theology, C. Goodliffe Neale, Alcester, 1985, p. 246. 458 See Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 171.

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According to the culture of many ethnic groups in Tanzania, the families are supposed to sit down in the evening to talk about their relationships and life in general. They are also needed to teach and direct their children about life. This kind of culture was practiced almost all over Africa.459 But this practice is not highly practiced today in many parts including Tanzania. The reason lies on the familiarity between the husband and wife to the extent of seen each other as valueless. This familiarity affects women to the most. Many women in Tanzania especially in the villages have been complaining of the distrust they experience from their husbands. There are families which can hardly get enough food for themselves and their children. This makes some men enter the kitchen and cook so as to control the food before it comes to table which is a shame and violence actions for the African women.460 The work of cooking in Tanzania is traditionally left to women. The men’s interference in cooking has increased violence at homes, making women feel abused and marginalized.

Familiarization in the families has led to women loneliness due to severe actions of neglect done by their husbands. They might be in need of talking to their husbands or in demand but these men see them as nothing.461 They face a lot of undermining actions and terrifying words from their husbands. Before marriage they are used to be called good names afterwards they turn to dogs, cows and many other names hence acquiring a dignity of other animals. They forget that man and woman unite in marriage in such a way that they become ‘one flesh’462 and that insulting and calling the woman bad names, is like calling himself same names. It is due to this kind of life that many women have experienced domestic violence in Tanzania. Familiarity brings unfaithfulness among them basing among all on telling lies. According to Scanlon, an American philosopher; lying bases on the question of not providing information in an understandable und usable form.463 The lie in most of the Tanzanian families is hidden in the use of mobile phones. When one of the two touches the mobile phone of the unfaithful partner; violence begins and the sufferer will always be a woman. Some women have been denied by their partners from possessing the mobile phones so as to avoid these conflicts. This limits the freedom and communication on the side of the woman and results to more violence.

459See John Mbiti, African Religions and Philosophy, p. 107. 460 A woman interviewed by the Author from Mwai village, Mwanga-Tanzania, July 2016. 461See Jamhuri ya Muungano wa Tanzania, Mwongozo wa Kisera wa Sekta ya Afya wa Kuzuia na Kupambana na Ukatili wa Kijinsia, Wizara ya Afya na Ustawi wa Jamii, Dar es Salaam, 2013, p.1X. 462 John Paul II, Man and Woman He created them, A Theology of the Body, p.515. 463 T. M Scanlon, What we Owe to Each Other, The Belknap Press of Harvard University Press, Cambridge, 1998, p. 250.

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4.9 Physical Aggressions

Aggression is one of the causes of violence in the families. Many studies show a greater tendency towards aggression among males than females and these findings are across species as well as across the cultures.464 There are natural and pre-cultural tendencies towards aggression. The physical aggression we are dealing about here is caused by verbal aggression. When the husbands come home from clubs drunk, the wives attack them verbally. The men are attacked because of many reasons such as failure to leave some money at home for the daily food claiming not to have. The question remains on why they return home drunkard. They can claim to have been invited by friends but this cannot be a daily celebration. In such situations, women become stressed, angry and mistrust. These women resort to words as their weapon. The situation may develop to a fight because it reaches a time when the husband can no longer throw words back. The same man as he goes to bedroom, he asks for sex and when he is refused, the reaction is beating the wife or doing other violent actions to her. What is missing in this relationship is often the presence of difficulties in communication. The husband goes silent or he simply counter-attacks with counter-accusations. As he goes silent and the words from the wife continues then lashes occurs in order to shut her down. Failure to negotiate, apologize and give in, results to violence.465 It goes without saying that, uncontrolled words in the families is the source of violence to many women as men seem to apply physical force rather than words as women do.

Moreover, verbal aggression can be the source of many events of violence in the families as they arouse anger between the couples. In some moments men think to be right when they become aggressive. They also express themselves through the differences in physical size, strength, status and economic resources. Women feel inferior in all these qualities and as a result their defense is to use words which make them victims. We can argue here that sometimes women talk a lot and scold their husbands without control and this becomes a reason for them to be beaten. But this blame applies also to men when they fail to control their anger and also know the status of women. This violence is mostly done in privacy and especially before sleeping. What will show the others that there was physical violence is the situation of the woman in the following morning where she can be seen with injuries.

464 Virginia Held, Feminist Morality, Transforming Culture, Society and Politics, The University of Chicago Press, Chicago, 1993, p. 138. 465 Dr Jack Dominian, Marriage The definitive guide to what makes a marriage work, p. 190.

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A scholar Broadus, a Professor of theology; dealt with the question of sex and violence in the family and Church. Writing basing on the context of America; he came up with a true story of a deacon who used to beat her wife. This event put Broadus down for he was trying to imagine how a Church leader could do this evil but he forgot that evil does not depend on who does it and to whom it is done, but on the evil inclination in ones heart. The woman explained how often this beating and other evils continued to the extent of even planning an accident so as to get rid of her.466 These kind of physical aggression events affect many women in Tanzania. The same event happened to the author’s family. The sister to the author was married in the famous city of Dar es Salaam. They lived peaceful for 17 years and abruptly the situation changed. The husband left her in the house and went to live with another woman. Until the writing of this work, they have 3 children. When the new woman asked her about his marital status, he claimed not to have married before. The truth was later discovered that he had a previous marriage. This prompted the man to have a plan to kill the former wife who was legally married to her. But in God’s presence it was unsuccessful.467 There are many women who face the same problems in the country. It has been difficult to help them due to the lack of laws which directly defend the married women rights.

According to Broadus; there was another incident in America where a beating of a wife often happened and it was cooled down when the Police were called. What surprised the Police was the outlook of this woman who looked smart, intelligent, competitive, confident compassionate and strong. The question which remained in their minds and which clicks into our minds too is why women in the families remain in such abusive relationships. As far as the same situation happened in Tanzania, we try to answer this question from the explanation and the experience I lived in as the author of this work:-

One of my cousins was married neighbor to our home, to the poor husband. They had eight children who made them unable to manage life. They decided to enter into an illegal business of selling local brew called, “Gongo” a local brew which testes like whisky, so strong to the extent that as one drinks only a small glass, gets drunk and it at time kills and leave some people sightless. This business made them enter into quarrels daily where the woman and children suffered the consequences. The woman had wounds in her body always seen at the hands, legs and even in the other parts of her body. I took time to advice them to stop the illegal business which could act as a solution to this heavy torture. They stopped the business but the beating and cuttings in her body increased. I asked her on why she decided to remain in such an abusive relationship which could one day take off her life. She answered that, she cannot leave

466See Adrian Thatcher and Elizabeth Stuart, eds. Christian Perspective on Sexuality and Gender, Michigan, USA, 1996, p. 400. 467 Fortunata Claudi Mosha, a married woman interviewed by the Author, Dar es Salaam, July, 2016.

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her children alone and that she expected that one day her husband will change to good person.468

The situation never stopped until the husband was dead. Broadus in his article had the same question on why women choose to stay in such abusive relationships. There he came with some answers and one of them was that; some of the married women think that they have no any place to go. I am not far from his reason because as I interviewed some women in Tanzania they gave the same answer.469 Some women have stayed in such abusive marriages for many years and have many children there. It is very difficult for most of them to return to their parent’s home because some parents and relatives do not need them back. They claim to have no room for them and for their children and so they must remain where they chose to be married and face the challenges. According to a philosopher Friedman; one of the reasons why women remain within these situations is their lack of self-esteem. If one is raped and beaten all the time cannot develop alternatives and has the impression that she deserves that somehow. It is a kind of inner death. She considers how social institutions should respond to women who choose to remain in abusive relationship.470

Conclusion

The family daily-today life has a lot of good things as well as challenges. Many Tanzanians prefer to live married life, for in it one finds respect. When a woman is referred to as Mrs somebody brings her a lot of honor. Many people prefer marriage because it is from this that they can have children officially recognized by the society. This does not mean that children outside marriage are not recognized but having children outside wedlock is seen as something wrong before the society. Children are really the supreme gift of marriage and contribute very substantially to the welfare of their parents.471 It follows that, sexual relations are lawful only within marriage. The society in Tanzania had in some decades maintained this culture of having children only within wedlock. But due to many challenges including domestic violence, the situation has greatly changed. Today, we come across many single parenthood families. Most of these families are led by women. They are referred to single motherhood families. Thus some women may become single-mothers before marriage, while others may need to rely on their own resources following a divorce or death of a spouse.472 It is due to

468 Monica Damian interviewed by the researcher in Marangu village Tanzania, 16/04/ 2015. 469 An interview by the Author, Same Cathedral Church, Tanzania, July, 2016. 470https://philpapers.org/rec/FRIAGP, Accessed, 26/06/2019. 471See Karl H. Peschke, Christian Ethics, p.443. 472 Shelley Clark, Single Motherhood in Sub-Saharan Africa: A Life Course Perspective, McGill University, Canada, 2010, p. 1.

117 many family crises in Tanzania that some girls, who have reached the age of marriage, do not want to do so. They have seen how their mothers have been suffering alone to raise them. They have experienced the effects of violence from their mothers and so they don’t want to fall into the same problems. In that due course, some young women in Kurya tribe in the country have decided to marry each other in a traditional way. The old woman who is divorced can decide to marry or come together to live with a young woman. It is their belief that marriage between women helps to reduce the risks of domestic abuse, child marriage and female genital mutilation (FGM) within the tribe which has more than 700,000 members.473 They have resorted to this tradition and when they want children they look for men for such purpose and continue living together as women. This is a great challenge to the marriage system which requires men and women to marry each other. The evil of domestic violence carries with it a lot of effects. These effects are not only based on women and their children but also the whole society as our next chapter treats them.

473 http://www.independent.co.uk/news/world/africa/straight-women-kurya-tanzania-africa-married-property- domestic-violence-fgm-a7162066.html, Accessed, 13/03/2018.

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CHAPTER 5 EFFECTS OF DOMESTIC VIOLENCE TO THE SOCIETY

Introduction

In the two previous chapters we have had a long discussion on the causes of domestic violence. The causes of domestic violence have some impacts to the perpetrators themselves, to the women and the society at large. This chapter deals with the consequences of domestic violence. It deals with the impacts of the evil in the current life and for the future generations. As we have discussed in chapter two on the human rights; it is beyond doubt that the violation of human rights leads to violence. We can perhaps argue that the most crucial consequence of violence against women, girls and the society in general; is the denial of fundamental human rights to these groups.474 This denial of fundamental rights can on the other hand be the source of violence. The Church and other Organizations should therefore deal with human rights in order to develop counter strategies. The different Organizations dealing with human rights affirm the principles of fundamental rights and freedoms of every human being. The effects of breaking the laws on human rights have had great consequences to our societies. We may discuss the consequences separately but in reality many of them can be grouped together because one evil of violence can lead to several effects.

The effects of violence on women vary widely. This depends on the nature of the particular incident, the woman’s relationship with her abuser, and the context in which it took place. Gender-based violence typically has physical, psychological, and social effects and for the survivors these are interconnected. Intimate partner violence also called domestic violence is a very serious hidden problem, a health problem which can publicly be seen and done in the form of physical, sexual and result to many psychological problems which affect the responsibility of persons all over the world.475 Domestic violence against women affects women, children, and men and has social-economic effects to the society.

5.1 Effects on women

Domestic violence against women as our topic is concerned, has many effects to women to the extent of making them fail to undergo and live their lives well here on earth. Women have been affected in several ways:

474 See Innocent Digest, Domestic Violence against Women and Girls, p. 8. 475 Megan R. Holmes, Francisca G. CRichter,. etalii,. Economic Burden of Child Exposure to Intimate Partner Violence in the United States, Volume 33, Issue 4, pp 239-249, Springer Link, 2018, Accessed 07/10/2018.

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Physical health consequences: Domestic violence against women leads to many health problems affecting the physical body. Many people especially women who are experiencing family violence can be addicted to things like alcohol, smoking and even the misuse of medicines given to them as they find no hope in life.476 It is to be clear that not all women found in these situations is the outcome of violence. But some women in Tanzania have been seen in such addictions due to violence they experienced from their partners and other family members. The violence can also lead to psychological-physical consequences, some with fatal outcomes. Some women in Tanzania as it is in other parts of the world have been seen around walking miserably and talking to themselves as mad people and later attended some hospitals for treatment.477 They might have thought a lot about the kind of life they live and ended in such situations. While physical injury represents only a part of the negative health impacts on women, it is among the more visible forms of violence. Many women in different countries including Tanzania do not report these evils as required. If all were reported we could then see how big the consequences are. Taking the example of The United States; Department of Justice had reported that 37 per cent of all women who sought medical care in hospital emergency rooms for violence related injuries were done by a current or former spouse or partner.478 These were the reported events of violence in such a developed country. Tanzania as a country which observes the traditional system of life can hardly have the right information about the extent of violence. Assaults result in injuries and some women have remained disfigured though when asked they don’t give the reasons for such conditions. They have been left with permanent disabilities.

There are other physical injuries which are not easily realized or seen out. Many of the ethnic groups in Tanzania have the practice of female genital mutilations. Some men force their wives to go for it and some accept it willingly. Their intention is to reduce the women sexual appetite before and during their marriage life. The belief from those who inflict this evil is that, the mutilated women can remain longer without having sexual feelings which can lead to unfaithfulness. But a lot of medical complications have been witnessed which results to hemorrhage and sterility to severe psychological trauma.479

476See Government of Canada, Health Effects of Family Violence, National Clearinghouse on Family Violence, Ministry of Public Works and Government Services, Ottawa, 2003, p. 2. 477 Tanzania Women Lawyers Association (TAWLA), Review of Laws and Policies related to gender based violence of Tanzania mainland, GEWE II, Dar es Salaam, 2014, p. 50. 478See Innocent Digest, Domestic Violence against Women and Girls, p. 8. 479See Innocent Digest, Domestic Violence against Women and Girls, p. 9.

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There are more health effects to the pregnant women. According to the African traditional societies; pregnancy is the indication that a new member comes to the society. This tradition has been well practiced in the former decades better than it is now. The pregnant women were therefore given special treatments including different kinds of food to maintain the health of the mother and the child.480 In our days and as time goes on, the respect towards these expectant women is getting lost. Studies in many countries have shown high levels of violence during pregnancy resulting in risk to the health of both the mother and the unborn child. There is also evidence in Tanzania that domestic violence had substantial impacts on maternal and infant health including being associated with substance abuse during pregnancy, delays in seeking antenatal care, miscarriage and preterm delivery as well as low birth weight.481 But due to poor technology and poverty among the people, these problems cannot easily be detected and as a result they lead to more suffering of women. Sometimes domestic violence involves much anger. This anger can make the perpetrator wild enough to the extent of resorting to killing. There are cases of murdered women just because of the failure to observe the husband or partners commands and wishes. This can take place directly or indirectly depending on the graveness of the evil. A woman who is severely beaten dies slowly and the other members outside cannot easily notice.

Physical harm resulting from women mistreatment: Physical violence against women by their male intimate partners is a public health problem of enormous importance. Two partners living together can before the other people look friendly. Such kind of physical looking blinds the other people that everything between them is in order. One of the most obvious impacts in relation to women’s experience of domestic violence is the physical harm482 caused through injuries. This can range from bruising to more serious injuries some of which can result in permanent impairment such as loss of hearing or sight. Less obvious but equally serious are the mental impacts as we have already seen above and can drive women to self- harm and suicide.483 From infrequent slaps which mostly go unnoticed, unexpected pushes,

480 John Mbiti, African Religions and philosophy, p. 110. 481 Heidi Stöckl, Charlotte Watts & Jessie Kazeni Kilonzo Mbwambo, Physical violence by a partner during pregnancy inTanzania: prevalence and risk factors in Reproductive Health Matters An international journal on sexual and reproductive health and rights, Reproductive Health Matters, 2010, p. 171. 482 John Simister on Gender Based Violence, Causes and Remedies, New York 2012 comments: Physical harm is the result of beating of the other person by using several means. Wives who are beaten usually face a consequent loss of control over household decisions and thus suffer in the allocation of resources within the family. Family resources may be transferred away from the wife and her children to other members of the household. More importantly, the husband and wife are not able to construct a strong marital bond; which is reflected in the extent to which the husband cares for the welfare of his wife and children. Regardless of the mechanism, when a wife is hit, not only does she suffer but her children are also adversely affected. 483See Lynne Harne and Jill Radford, Tackling Domestic Violence, theories, policies and practice, p. 38.

121 grabs, or shoves to frequent and severe life-threatening assaults; intimate violence in its various forms has significant individual and social consequences. Therefore, the effects of domestic violence such as fear of their partners, phobia, depression, intense anxiety, and social isolation are common among battered women. The collateral damage that follows from domestic violence extends beyond the individual suffering of victims. The children and the other household members feel and live these effects to the end of their lives if not early controlled.484 It follows that, these affects the whole society. The physical harm may at times not be clearly seen right away after the action itself. It might be recognized later and it is in the same time where the body diminishes and one dies.

Apart from physical beating domestic violence against women can lead to the increase of accidents. Due to violence they come through, the carefulness in work is reduced. Women are highly exposed in many activities in the fields and at businesses too. The violence they face leads them to much thinking even during work which risks their lives. Some women in Tanzania especially those who work in fields find themselves cutting off their fingers and parts of their legs when digging or planting their farms. Others while walking on roads are met with accidents due to many thoughts in their heads.485 All these are unexpected physical injuries which result from mental injuries. This may also lead them to depression and even to post traumatic stress disorder during and after violence.486 The unseen physical injuries are common among women as they keep them in their hearts and minds without permanent solutions.

Eating and sleeping disorders: Food is very important and gives one the energy to encounter the daily activities. Most of the women who are abused cannot eat well even in the availability of enough food. When a person is angry due to violence or other causes, food becomes a poison. The failure to eat weakens the body and the thinking capacity. Furthermore, the victims of intimate partner violence most of the time experiences many challenges including chronic pains and sleepless nights which results to headaches and failure to work.487 Some women in Tanzania and even those who came into contact with the author

484William D. Norwood, “Domestic Violence and Deviant Behavior”, in Violence Against Women and Family Violence: Developments in Research, Practice, and Policy, Washington, NCJ, 2004, p. 8 485 Government of Canada, Health Effects of Family Violence, National Clearinghouse on Family Violence, p. 4. 486See Jacqueline G. Lee, Bethany L. Backes,. etalii,. Civil legal Aid and Domestic Violence: a Review of the Literature and Promising Directions, Volume 33, Issue 6, pp 421-433, Springer Link, 2018, Accessed 6/10/2018. 487 Jacqueline G. Lee, Bethany L. Backes,. etalii,. Civil legal Aid and Domestic Violence: a Review of the Literature and Promising Directions, Volume 33, Issue 6, pp 421-433, Springer Link, 2018, Accessed 6/10/2018.

122 through interviews proved to have sleeping disturbances. It is without doubt that the disturbed mind cannot allow a person to sleep.488 Due to the lack of food and eating problems, death may occur. When the society looses these energetic and hard working people, their families and the other areas are affected including the social and economic sectors.

Many women in Tanzania experience sleep disturbances which are caused by some several social factors. Women are met with different hard situations which bring them to depression and ultimately lack of sleep. Many women in the country face hard times in raring their families as far as poverty is concerned. These situations lead them to much thinking, stressed and as a result they become sleepless.489 They think not only of their children but also their husbands who at times leave everything concerning the family at their hands. This violates their rights of living in peace and justice. Most of the time, these complaints remain within their minds and hearts leading to depression and sleepless nights.

Contraceptives and unwanted Pregnancies: Sexual assaults and rape within marriages which are violating actions can lead to unwanted pregnancies, and the dangerous complications that follow from resorting to illegal abortions. Thus, rape, pregnancy and abortion are three things caused by one sexual violent act. That is why we see the difficulties in treating them separately. When a woman is forced to sex, the three or one of them can be the effects. We have not to forget that the use of contraceptives like pills is safe if it is taken as prescribed but can also damage the women’s bodies. Many women in Tanzania have secretly resorted to contraception without their husband’s knowledge. The reason is based on men’s lack of self control which can result to women’s unwanted pregnancies. It is a fact that some men have tried to convince women not to adhere to contraceptives because that will make them unfaithful.490 There are a lot of discussions worldwide on the use of various contraceptives. The question which remains in our disposal is whether contraception can save as a solution to such kind of violence. When one reads GS 51 leaves the question of methods open. It insists on the protection of life. Thus from the moment of its conception life must be guarded with the greatest care while abortion and infanticide are unspeakable crimes.491 That is why some Bishops Conference in the world like that of Austrian Bishops left it to the people to meet a

488 Myra Betron, Gender-Based Violence in Tanzania: An Assessment of Policies, Services and Promising Interventions, Health Policy Initiative, USAID, 2008, P. 3. 489See Sadeka Tamanna and Stephen Geraci, Major Sleep Disorders among Women (Women Health Series), The Southern Medical Association, Johnson City, 2013, p. 471. 490 C. K. Omari, “Modern Family Planning, Sexual Behavior and Marriage Status among Women in Tanzania” in Women and African Society, MD Publications PVT LTD, New Delhi, 1995, p. 44. 491 Pope Paul VI, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, Rome, 1965, no.51.

123 responsible decision which is a matter of conscience. What is the concern of the Bishops Conferences in Africa including Tanzania? Pope Francis has also emphasized on the role of conscience in these intimate questions. It follows, then, that, in minds of some people including those in the Church though not publicly said; contraception is not immoral in itself, but it can help to avoid greater evil such as HIV and pregnancy which can sometime occur by rape. The question here is what is the responsibility of the Church for the health of women? What is worse, Contraception or 1500 women per day who die due to unsafe abortions? This is a controversial issue in the doctrine of the Church which was firstly discussed by “Humanae Vitae” and it remains at the bottom of the Church’s fundamental crisis in Europe where they question the importance between contraception and women’s life. The same question is also discussed in Africa but no further decisions on contraception have been taken rather than insisting that it is evil. The Catholic Church insists that, the use of contraceptives is immoral. As already seen in this work, interruption of generative process is wrong.492 How far do women adhere to this Church’s stand is another big challenge in our societies today especially in Tanzania where many still believe and remain on what their Church leaders teach. But at the same time these leaders cannot provide other alternative means rather than insisting on self-control which many men and even cannot practice. This is because sexuality is one of the most important issues to stabilize a good strong partnership. Therefore, despite these Church teachings, there are still many who use these contraceptives secretly. Moreover, girls who have been sexually abused in their childhood are more likely to engage in risky behavior such as early sexual intercourse, and they are at greater risk of unwanted and early pregnancies. This makes them resort to the use of contraceptives. Even at the claim of safer sex, some women in violent situations are not able to use contraception or negotiate safer sex, and therefore run a high risk of contracting sexually transmitted diseases and HIV/AIDS.493 This pandemic disease has affected many women and the society in general in Tanzania as far as social and economic relationships are concerned. Immediate action on this should be taken.

HIV AIDS Pandemic: According to Farley; who is an American religious sister and a member of the Roman Catholic Sisters of Mercy and a Professor of Christian Ethics; the matter concerning sexuality is very important not only in our families and other parts of our societies but also in religion as Hinduism and Islam. It is difficult to explain how sexuality is

492 See Paul VI, Encyclical Letter Humane Vitae, no. 14. 493 C. K. Omari, “Modern Family Planning, Sexual Behavior and Marriage Status among Women in Tanzania” in Women and African Society, p. 44.

124 lived and honored in Africa where Tanzania lies. The African continent is very big in size, with many people having different systems of life basing on kingship structures, different rituals and the way of life. There is a high rate of migrations of the people from one part of the continent to another either as workers or as political refugees. The migration makes the study on African sexuality very difficult because of the mixed traditions.494 The discussion about sexuality in Africa should include several experiences basing on the traditional, colonial and the modern. Tanzania has little discussions on sexual matters as far as the customs, traditions and taboos are concerned. The legal systems in African countries are a mixture of the customary, colonial and the postcolonial law. As regarding the question of HIV/AIDS the African experiences on culture, religion and sexuality should be checked.

The question of sexuality in Africa is a community activity. As a researcher I comply with this truth that; when one is married to her husband, she stays there and represents her family and the community where she comes from. It is in this sense that the prior arrangements about marriage are made. It is to be put in mind that, the question of fertility in Africa is better than sex itself because a woman without a child is useless and all blames goes to her. Many women have been insulted using very tough words such as telling the woman that, she is just there to “fill the toilet” instead of baring children and many have been forced to divorce. It is due to the lack of children from some families in Tanzania and also in other parts of Africa that some women are forced to have sexual relationships with the men’s relatives so as to bare children. This is done when the said husband is impotent. This kind of life can lead one to be affected by HIV and other diseases. The widows are forced to sleep with the relatives of their deceased husbands due to the said intention of been cleansed. This has happened in some parts of Makete district in Njombe Tanzania. This has also resulted to the increment of the HIV AIDS.495 Some children are also born with HIV infections which lead to children deaths. A death of a child brings a lot of questions and challenges to the society in Tanzania and as a result the elders must see to it following their false traditional practices such as witchcraft. This practice was there from the years before 1980s, before the emergence of HIV/ AIDS where children were also the victims.

In Africa there were and are still some tribes which hold that when a man as a guest comes, is to be given a wife/woman to have sex with her as a sign of hospitality. This false hospitality

494See Margaret A. Farley; JUST LOVE A Framework for Christian Sexual Ethics, Continuum, New York, 2010, p. 78. 495See https://wewriteforrights.wordpress.com/2013/08/24/widow-inheritance-and-cleansing-practiced-widely- in-tanzania, Accessed, 15/06/2018.

125 violates women in their marriages. But they most of the time agree to it because of their cultures. The Maasai people of Tanzania who are livestock keepers have this tendency of hospitality in sex. When the husband is away from home and or is late to return home, it may happen that as he comes back another man is already inside the “Boma” that is Maasai house, engaging in sex with his wife. He will recognize this by seen a spear left at the door as a sign that somebody else is in and he has to respect and wait until they finish their business.496 This has led to the problem of HIV/AIDS spread in this tribe which was formerly not so. This proves to us that the problem of culture basing on unusual sex and inheritance of women exists in many parts of Tanzania. It is a false and violent belief that, men’s bodies belongs to themselves and they are allowed to use women’s bodies as they want. It is as if women bodies’ are made for the sexual and economic service of men, argues Wasike a Kenyan feminist theologian.497 This takes women as created only for child bearing. The African feminist’s great and difficult work is to make the societies understand the evil of sex sharing and making women as instruments of sex which has speeded up the problem of HIV/AIDS.

The other big problem is female circumcision also called “female genital mutilation” and it has received a great deal of attention in recent years. In Same District where the researcher resides; there is Kavambughu village, where the evil had alarmed and the intervention of the government was due as it also affected young girls. The intention of this circumcision is a “belief” by many that, it makes the woman less aroused for sex. Despite the fact that it is wrong, it is also done by the instruments which are not clean leading to the increase rate of the HIV/AIDS. It is unbelievable that many women who participate in this evil, love it themselves because they argue that, it gives them a high possibility of been married than those who are not mutilated. It is for some of them a source of personal and social identity.498 Those who participate in this as girl children are forced because they are not yet well informed on the effects of the practice. Another reason of this female genital mutilation to the young girls is to see their ability of enduring suffering, in dealing with pains or difficulties in life and that is why it is done without anesthesia. The perpetrators argue that, it is a sign of entering into adulthood. Thus, the existence of different forms of mutilation; the big one which is of course the cruel one and the other forms which are discussed within ethics are smaller evil as compared to social exclusion.

496 https://www.exploring-africa.com/en/kenya/maasai-people/women-maasai-society, Accessed 15/06/2018. 497 See Margaret A. Farley; JUST LOVE A Framework for Christian Sexual Ethics, p. 87. 498 Interview by the Author to Same District Officers, Same in June 2016.

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Moreover, some women have experienced health problems as a result of violence which is brought by Sexual Transmitted diseases (STDs) including HIV/AIDS. Those who live with partners without marriage are in a great risk of contacting these diseases. The married ones can also be infected but they are more careful because of the marriage contract they entered. All in all, the unfaithfulness which is the result of domestic violence brings them to such a stage. HIV AIDS has affected the society in Tanzania as we have already seen in chapter one. The population growth is affected by this disease. The working population faces a lot of challenges to take care of those infected. It was estimated that by mid-century the world’s population would be reduced by at least 300 million because of the AIDS pandemic. Tanzania was included and it has been highly affected according to 2001 research.499 The epidemic is associated with other body diseases and effects such as miscarriage, Pelvic inflammatory disease, chronic pelvic pain and Headaches.

Permanent disabilities: The effects of repeated and prolonged violence on women as already seen can be divided into physical, psychological and many more. The physical effects are serious injury, sometimes permanent and a great deal of pain. Domestic violence causes injuries which can lead to permanent disabilities and can be fatal to women.500 A more gradual and general deterioration in physical health is almost certain. Some of the women in Tanzania have experienced these bodily deteriorations because of violence. Some look unhealthy due to severe torture they get from the perpetrators who are mostly their husbands. These women look health as far as their bodies are concerned but indeed their inner side is almost dead. As these pains and damages come up, they die.501 Most of the times as violence in the families occur most women remain silent because the society has no laws to defend them. Many women have shared their problems and ended as the laughing stock in the society.502 There is also a problem of getting money for the treatment after injuries leading to more suffering of these women.

Violence of any kind results to psychological effects which include high rates of anxiety and depression. Women live in constant fear and intense fear that violence will happen again.503

499See Peter Knox, Aids, Ancestors and Salvation, Local Beliefs in Christian Ministry to the Sick, Paulines Publications Africa, Nairobi, 2008, p. 15. 500 Eastern and Central Africa Women in Development Network, Violence against Women, Trainers’ Manual, Nairobi, Paulines Publications Africa, 1997, p. 33. 501See Chama cha Wanasheria Tanzania Bara (Tanganyika Law Society), Jinsia na Ukatili wa Kijinsia, Sheria katika Lugha Rahisi, Legal Service Facility, Dar es Salaam, 2016, p.7. 502 Interview by the Author to women, at Marangu village, July 2016. 503 Eastern and Central Africa Women in Development Network, Violence against Women, Trainers’ Manual, p. 33.

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They know that when their partner returns from their night club, they will be beaten or raped and possibly both. Women have to be constantly on their guard about what they say and what they do, in the knowledge that whatever they do appears to be wrong. They become blinded by the situations and the environments of life they encounter.504 Some women in Tanzania have the experience of living in fear. Some reported their husbands to have such behavior which make them feel humiliated throughout their lives.

In addition, isolation, lack of personal contacts with friends and family creates further stress. Some men in the country have struggled to make sure that their wives cannot easily contact other fellow women or men outside their reach. This has been done especially basing on reasons related to religion which are more dominant in Muslim faith.505 Moreover, the isolation is imposed by the partner who may even confiscate or destroy the few woman’s clothes she has so as to make her remain always at home.506 Violence and constant criticism lead to loss of self-esteem and confidence especially to women. If a woman is constantly being told that she is worthless, she may come to believe it and begins to blame herself for the situation. Paradoxically, the abused woman may feel guilty and think that, life is made to be so.507 The culture of most ethnic groups in the country has some elements of men’s superiority over women as most African cultures do. As a result most of the time women find themselves stressed and living a miserable life.

Spiritual consequences: Many women attend Churches more than men. Perhaps at a deeper level, there is a more spiritual impact in them. This is proved beyond doubt today when one visit or enter the Churches on Sundays or on the other days of obligations will find many women than men. It may be due to the faith they have in God but also due to the challenges they encounter including domestic violence and so they go to seek for God’s help. In reality many women experience hunger for human and spiritual understanding, care and Christ-like acceptance and support. But most times they feel not appreciated in the society and not recognized in the Church.508 During an interview some of the women gave their view and understanding of the Church. One exclaimed:-

504See Susan Moller Okin, Justice, Gender and the Family, p. 112. 505 Interviewed men at Zanzibar in Tanzania where only men can be seen going to the market to buy the daily needs. They leave their women at home because if they go out they will be contaminated. This is mainly based on religious belief; Zanzibar, June 2016. 506 A woman interviewed by the author, Mavanja Parish, Desember, 2018. 507 Susan Moller Okin, Justice, Gender and the Family, p.113. 508See Eastern and Central Africa Women in Development Network, Violence Against Women, Trainers’ Manual, p. 33.

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Once I am violated and go to see Church leaders, the advice given to us is that, what God has joined nobody can separate and so we return back home living unhappily. We then continue living in hardships and thus see the Church as discriminating us.509

With this comment from a woman we notice on how some women lose their faith as far as the Church is concerned. There is also the misunderstanding on the part of women including ignorance of the Scriptures which many people too come across. We can also notice some answers given by the unqualified Church leaders or the right answers given without further explanations. It happens that, at times some of the Church leaders due to several reasons including having a lot to do, have led some of their clients go back home unsatisfactorily. Many women flock to the Churches but there are some who have run away from them because of the unsatisfactory answers they get as they seek for help. All these circumstances lead women to the unknown faith including moving from one Church to another to look for spiritual satisfaction. All these are the results of violence they encounter in their lives.

Abortion is another effect of violence against women. We have seen in this work that, contraceptive and abortion can be caused by one effect of violence. Abortion is a deliberate act intended to destroy the unborn baby. It is a destruction of life by killing the unborn defenseless child. It is termination of pregnancy either spontaneously or by intervention before the fetus reaches viability.510 Therefore it is a killing of the fetus in whatever way or whatever time from the moment of conception.511 Abortion is the removal of the non-viable human being from the mother’s womb by human intervention, whether by killing him before removal from the womb or whether by exposing him to a certain death outside the womb.512 From Latin abortion (“miscarriage, abortion”) is from aborior (“miscarry”).513 Etymologically ab +oriri refer to the spontaneous or induced termination of pregnancy before the fetus has developed to the stage of viability. Therefore abortion is in itself evil regardless of the conditions required. There are many discussions going on about abortion. There have emerged many new terms such as safe abortion. The production of articles and books on this is on run. There are handbooks oriented to providers who already have the requisite skills and training necessary to provide safe abortion and/or treat complications of unsafe abortion. It is neither a substitute for formal training, nor a training manual.514 With the presence of many

509 An interview by the author to the woman at SAME Cathedral Parish, June, 2016. 510 See A.S Duncan, et al (eds.), Dictionary of Medical Ethics, New York, Darton, Longman & Todd, 1977, 1. 511The Code of Canon Law, Vatican, Libreria Editrice Vaticana, 1983, Can.1398, p. 310. 512 Karl H. Peschke, Christian Ethics, Moral Theology in the Light of Vatican II, Alcester, C. Goodliffe Neale, 1993, p. 314. 513 See http://en.wiktionary.org/wiki/abortion, Accessed, 17/03/2018. 514 World Health Organization, Clinical practice handbook for Safe Abortion, London, 2014.

129 books and discussions on this, it follows that, abortion is a crucial issue. Abortion is for some nations allowed and is found in their constitutions. They give many reasons on why they should procure abortion.515 The Church basing on the Bible and here mentioning the Old Testament makes just one reference to abortion, when it speaks of accidental abortion or miscarriage in Ex 21:22-25.516 All these discussions show how crucial is the issue of abortion in human life.

Tanzania has a good number of women who procure abortion secretly. They prefer that because the Constitution does not mention or even allow it. Some of these actions of abortion are from women and girls who have faced violence from their close partners. Women, who experience rape within marriage, are at a great risk of resorting to abortion. They do that because some get pregnancy while still nursing and they see it as a shame before the society. Some cannot tolerate letting the child continue growing because they know surely that during and after delivery nobody will help them to raise the child. Some men in Tanzania after their women’s conception they run away until the child is old enough. They later come back to claim for their children.517 The question which remains is: What should these women do in order to protect themselves? When no convincing alternative given and agreed by the Church, States and other non-governmental Organizations, then abortion will continue affecting the people in our societies.

5.2 Effects on children

Domestic violence affects not only women but also children whose lives depend mostly on their mothers. Children come the second after women because whatever bad done to their mothers affect them directly due to the close relationship they have. Also as feminist philosophers say that a pregnant woman is “two in one”.

Domestic violence brings severe consequences to children: Therefore, the costs and consequence of violence against women last for generations. Children who witness directly or indirectly the evil of domestic violence face many challenges. They fall at an increased

515 There are several names which are given so as to make possible the practice of abortion. Medical sciences can call abortion “therapeutic” when its aim is to save the mother’s life or to prevent or cure an illness of the mother. An abortion, however, does not become morally acceptable just because it is called therapeutic. They can call it a “Safe abortion” which does not endanger the life or health of a mother. Again, the safety of an abortion does not make it morally justifiable. In medical language “induced abortion “covers both what moral theologians refer to as direct or indirect abortion. In other words, it is brought about artificially and purposely with the intention of expelling the fetus from the womb of the mother. In theological language “procured abortion” stands for direct abortion only. 516 Catherine and William Odell, The First Human Right, A Pro-Life Primer, Life Cycle Books, Toronto, 1983, 52. 517 Interviwed women at Marangu village, Tanzania, July, 2016.

130 risk of anxiety, depression, low-self esteem and poor school performance. When at schools, following what is taught by their teachers becomes very hard due to mood disorders.518 Children also encounter other problems that harm their well-being and personal development. Due to poverty and small family houses; many children find themselves observing everything including violence acts which take place at home.519 They observe a lot of injustices which goes against the fact that a family should be a school of justice.520 It is obvious that everyone in the family has to be given a due respect. It may seem uncontroversial, even obvious, that families must be just because of the vast influence they have on the moral development of children. The children experiences of violence are obtained in several ways.521 Due to these experiences, justice cannot be attained basing on the different challenges which exist within these families.522 The violence experienced in the family or society, show up itself in the present and in the future generation. Children, who are deprived of their basic physical and psychological needs, do not develop healthy adult personalities. Instead they grow into adulthood with feelings of fear, inadequacy, anxiety, hostility, guilt and suspicion. Children cultivate fear when they see how their mothers are violated. The adult and parents should make sure that they have a good contact and interaction to their families. They should learn on how to practice justice at all levels regardless of the challenges they come through.

Moreover, children should not be left to discover that there is a sense of domination on them or neglect of their presence in the families. Unless these children are treated with concern and respect, they are likely to be considerably hindered in becoming people who are guarded by principles of justice.523 Tanzania will most likely produce such kind of generation if the evil of violence is not eradicated. Some parents and other adults in Tanzania have been engaging in some negative acts before the children which give room for them to imitate and take it as a system of life. But there are some educated parents who have different problems between

518 See Jacqueline G. Lee, Bethany L. Backes,. etalii,. Civil legal Aid and Domestic Violence: a Review of the Literature and Promising Directions, Volume 33, Issue 6, pp 421-433, Springer Link, 2018, Accessed 6/10/2018. 519http://www.endvawnow.org/en/articles/301-consequences-and-costs-.html, Accessed, 13/03/2018. 520Justice as for St Thomas is defined as the disposition in virtue of which a man has “the firm and constant will to give to each one his due” (S.TH.II-II, a.10). 521 Lynne Harne and Jill Radford, Tackling Domestic Violence, theories, policies and practice, p. 56, contends that, Children experiences on violence are denoted in three overlapping contexts. First, witnessing either directly or indirectly the fathers’ violence towards mothers. Second, situations where children can be ‘caught up’ in the violence and or used in the abuse of the mother. Third, situations where they themselves are being directly abused, by the violent father or father figure. In many cases, it can be hard to differentiate between violence towards mothers and that directed towards children, as perpetrators often keep the whole family in a state of fear through their power and control strategies. 522 See Susan Moller Okin, Justice, Gender and the Family, USA, Basic Books, 1989, p. 17. 523 Susan Moller Okin, Justice, Gender and the Family, p. 17.

131 them but they try hard not to show their children because they will be affected psychologically:-

Two secondary school women explained their experience that, they had been tired of their husband’s behaviors. Their husbands were not faithful in marriage. But they still sleep in one bedroom without engaging in sexual affairs. They claimed to be hard but it had to be so. They could have shifted to private rooms and sleep there. But they did not do that so as to show the children that, everything between them is good. Despite the failure to engage in sex, the other daily conversations and other activities went on well.524

It is only few people or couple like these explained above present within the country can control their motions and let the children live in peace.

A normal family is supposed to have a number of children whom they can care for. Many Tanzanian families are found to have many children. For instance, my family has nine children. This is taken as a prestige to the family, for a family without children is taken as a cursed one and meaningless in the society. Many people in the country therefore, struggle by all means to have many children without thinking of their future life. They always claim that future will know itself and as a result many children suffer the consequences.525 When a person has many children for instance, from six onwards and at the same time experience or lives in poverty he cannot educate all of them. As a result these children and their mothers remain the victims of violence.526 They miss their daily needs such as food, shelter and clothing making their mothers toil in hard jobs which at times weaken their bodies. We have come across many Tanzanian families where this reality is lived and they have always remained poor. The parents have failed to educate their children. As they reach adulthood they remain unemployed. Still as children some of them become thieves and put their lives in danger of death as some have been burnt to death in some parts of the country. Some children have died out of hunger due to lack of care caused by the parents who were not prepared to have such a number of children. Some children have been left alone at home after the running away of their mothers in order to avoid violence. In many cities in Tanzania like Dar es Salaam, we have come across many street children. They live as beggars, thieves and at times met by death. Many street children arise from polygamous families and from the large

524 Two secondary school teachers interviewed by the author, in Same District, June 2016. 525 See John S. Mbiti, African religions and Philosophy, p. 143. 526 John S. Mbiti, African religions and Philosophy, p. 143.

132 families with a big number of children. Others come from the families where their mothers are divorced and more others from the poor families.527

Furthermore, children continue suffering on their course of living in the poor conditions. There are some fathers who are not friendly to their children. It is obvious that children are supposed to get their daily needs from both parents. As children miss their needs from both parents, they ultimately find themselves fearing the father more than the mother. Many fathers look hard and harsh to their children so that they may not go to them to beg for their needs. Children become uneasy when scolded by the father and are no longer at peace. These fathers scold even their wives before the children, which make the children disvalue their mothers and find them as counterparts in mistakes. Consequently, the children learn that women are people who are useless despite of being mothers. As a result when the adolescent makes a mistake and the mother scolds them, they tend to disrespect their mother. Children see the mother as one misbehaving and they do not listen to them. But children may at times become sympathetic to their mothers and defend them when beaten by their fathers. Children are really affected psychologically and end up in confusion.528 At times due to their age they remain dormant without knowing what to do. It has been a tendency of many men in Tanzania resorting to beating of their wives when they are stressed or angry. They don’t end there but they even beat up the children claiming that their minds resemble that of their mothers. This is a common practice in Tanzania as some women exclaimed:-

Some of them were chased from home together with their children. They went away without clothes to change and that was very painful. Some were chased and told not to take even clothes to cover themselves at nights. What a terrible situation they faced. They suffered out of hunger and shelter for themselves and their children. The question they threw to me was on how I could help them. I gave them some tips on which everyone could enter into them and get a way forward. I advised them to take their cases to the human right centers for more help while promising to come out with a work which will help many of them. The question which was very important was to alert me as the author not to let the work remain only in books but be practical.529

Psychological scars often impede the establishment of healthy and rewarding relationships in the future. These children, who are chased away from their father’s homes, have come to

527https://www.maryknollsisters.org/2015/07/24/the-life-of-street-children-in-dar-es-salaam-tanzania, Accessed, 17/06/2018. 528 Many children are found as confused, frequent cry of children is always noticed and lack of peace due to violence done to the mothers. Fear of the children that the mother may leave home and let them alone due to violence done to her is always high. Women been chased away from home with the children and lack of education to children due to misunderstandings in the family are highly noticed in the country. Verbal insults to children from the father are always noticed. 529 A group of women interviewed by the author, in Simbomu village, Mwanga District, December 2018.

133 revenge in their youth and at old ages. There is a custom in many ethnic groups that children must help their parents until death. This has been so and it continues so despite the challenges they face from some parents. The few who were abused declared not to help their parents to death. As the author I have many experiences on such issues:-

One of my brothers together with his mother from my clan were chased by the father from home. As time went on his father became ill but this child did not bother to help or visit him. The situation became worse and the father died. I called and informed him about his father’s death and he claimed to come. To my surprise, we were all there for the burial but he did not appear. It is really bad according to the Chagga customs and most of the African traditions if one do not participate with others in different feast or problems.530

It is not a simple decision to withdraw from the burial of someone who is closely related like a father or mother. There is a belief that curses follow those who do not participate and can even cause their death. There is no proof to date if that really happens but there have been some claims from some people.531 All in all, our societies are left with many events of bad relationships. The cause as already discussed here can begin from the parents and goes to affect the whole society. One event of the father chasing the mother and a child has formed a further violent family. Children of this nature have come to accept violence as an alternative means of conflict resolution and communication. It is in these ways that violence is reproduced and perpetuated.532 Children from the families which experience violence adapt bad behaviors because of what they have seen from their parents. They also have poor performance at schools because instead of studying hard they remain thinking of the situation which their mothers face at their homes.533 This increases the number of poor educated generation in the country which speeds up the evil of domestic violence.

Child labor has been a big problem in many parts of the world. Most children are suffering and have experienced violence. The main reason for child labor is lack of education which is caused by poverty but also due to violence which they experienced in line with their mothers.534 When their mothers are chased away, the children enter into child labor so as to get food and other daily needs for themselves and even for their fellow children left together

530 An event at Marangu, Moshi, June, 2016. 531See John Mbiti, African Religions and philosophy, p. 156. 532See hrlibrary.umn.edu/svaw/advocacy/modelsessions/causes_effects.PDF, Accessed 15/03/2018. 533 Dr V. Chandra-Mouli & Dr A Amin, Violence against Women and Girls, Forms, levels, consequences, and growing commitment to address it, Department of Reproductive Health & Research, World Health Organization, in archive.ipu.org/splz-e/dhaka14/mouli.pdf, Accessed, 16/03/2018. 534 Honorina Munubi ,Assessment of the Causes and Effects of Domestic Child labor and its Impacts on Society, in The Journal of Global Gender Studies, Dar es Salaam, –Tanzania, 2013, p. 2.

134 at home. Tanzania is among many countries which have been affected by child labor. In the third world during the colonial period in 1955, Tanzania was under British rule. At that time, the government passed employment ordinance cap 366, which prohibited the employment of children. This ordinance was amended by the Act No. 5 of 1969 which prohibited the employment in any capacity of a child below the age of 15. Despite these laws to protect child labor, it still exists and in recent years the evil has increased due to violence faced against their mothers.535

In Tanzania child labor is found more in rural areas due to economic hardships. Children work in agricultural sectors, mining sectors such as Tanzanite mines; engage in gemstone brokering and domestic services. Also children are engaging in scavenging, fishing and quarrying.536 It is evident that children engage in these hard and forbidden jobs because nobody cares for them. There are also other reasons for child labor depending on the environment where they live. Probably the most commonly identified concern is that of child- headed households. Some of the children interviewed from some areas in the country started working during the parent’s sickness. It is the time when the parents could no longer work. The duration of illness of their parents took between one and fifteen years from infection to death. The others engaged in child labor due to the separation of their parents as a result of domestic violence.537 This shows how child labor is caused by domestic violence realized from their parents and close relatives who are supposed to take care of them.

5.3 Effects on men

Domestic violence against women affects not only women but also the perpetrators who are men. Sometimes they pretend not to be affected but in reality they become affected in several ways.

Avoidance of marriage life: Domestic violence has left our societies with long lasting effects like the avoidance of marriage for the youth. Through our research this was highly realized and left us with many questions. The youth who have reached the age to marry, run away from this duty and not only the youth girls as some people may think. It follows that, the youths from both sides who have reached marriage age are affected. The many youth who are

535 Honorina Munubi , Assessment of the Causes and Effects of Domestic Child labor and its Impacts on Society, p. 2. 536 Honorina Munubi , Assessment of the Causes and Effects of Domestic Child labor and its Impacts on Society, p.7. 537 Honorina Munubi , Assessment of the Causes and Effects of Domestic Child labor and its Impacts on Society, p.18.

135 ready to marry, miss girls to marry due to the effects resulting from family violence. This brings us to the question whether living inside married life necessarily and inevitably puts women in a subordinate position to men. Certainly the evidence suggests that less change has occurred in reality than would be implied by the rhetoric that marriage is now an ‘equal partnership’. This kind of partnership is hardly recognized in Tanzania and some have seen marriage as a kind of been subordinated. On the same line some young men think that, marriage is entering into a certain prison as they will be bound with some life necessities. Some of the school and University boys claimed not to enter into marriage life for that reason.538 But this still leaves open the question: can women live within the family without being placed in a dependent and subordinate position?539

This question remains a challenge to those who refuse marriage for fear of violence. There are many girls in Tanzania who do not want to hear anything about marriage. The author came into contact with the secondary school students in Mother Teresa of Calcuta where he worked as the headmaster. He tried to pose questions to them about their future life. Among the 520 girls who were present by the time almost above half of them did not mention anything about being married.540 Some of them explained that within marriage no freedom and women are controlled like children. They gave their own experiences on how they saw their mothers violated and some leaving them alone in the house with their fathers. Their lives alone with their fathers have brought more negative effects in themselves and to their fathers too. Some were even ready to explain privately to the author on how their fathers needed them for sex.

As the headmaster of the school and as the author of this work, I came across one of the student whose name is preserved. She was at school always enjoying life with her friends. But as the holidays approached she was always not happy. I dared to talk to her and she explained how her father seduced her and always slept with her as she returned home. Her mother lived in another region because of work. As the time went on, she also explained on how she was raped by three men who claimed to pay back because his father had borrowed money from them and he did not pay back. She went and explained this to the father but he did not take further actions. This happened when she was in primary school and she had to shift to another school through the help from her father. Life went on in the secondary school and one time she also told me to have been raped again by her father during the holidays and this time she became pregnant but she underwent abortion. What a sad situation. Today the girl is

538 A number of boys interviewed by the author at St. Joachim Boys Secondary School, Same, Tanzania, July, 2018. 539See Tess Cosslett, Alison Easton and Penny Summerfield (eds), Women, Power and Resistance, An Introduction to Women’s Studies, Philadelphia, Open University Press, 1996, p. 17. 540 Interview conducted by the author in form of questionnaires at Mother Teresa Girls Secondary School, Same-Tanzania, April, 2015.

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undergoing her studies in the university and she does not want to hear about been married. This kind of sad event has left the father uncomfortable and psychologically disturbed.541

It follows that, fear of marriage is due to many reasons but most of these results from violence seen and lived by the parents. The male youth have also seen how their fathers mistreat their daughters and as a result they swear not to enter into marriage life. Even those who want to marry, they sometime miss a woman to marry due to the violate actions the girls saw done to their mothers.542 This has lead many men and especially the young ones run away from marriage life and resort to live alone. Creation of another generation of violence is another consequence if and only if the eradication of violence is not given a paramount importance in our lives today.

Stress, diseases and death of men: It is without doubt that many men claim to work hard for the survival of their families but without their women around, their lives are always at risk. In Africa as already seen, many men depend on their wives for many things. They want their wives to do everything for them like cooking, washing and taking care of them when they fall sick. They demand a lot of love from them especially when they are sick. Most of the time these men behave roughly before their wives but as they separate from them either shortly or permanently; these men become stressed and some even die from missing the basic necessities in life.543 Despite the entire evils men do to their women; these women still love them and this makes them live longer. Women are highly committed more than men in their duties of taking care of each other in case of the good and difficulties in life as marriage requires them. That is why as already seen in this work; women are violated but still give their husbands room to change.

Furthermore; domestic violence against women has affected many men’s mental health. At the conflicts and violence, many women leave the family and move away to the other areas to continue with their lives. This has left many men in depressions as they think on how to take care of the children left behind with them. This drives them to rush out getting other women who will help them but ultimately ends in vain as they encounter more problems. It is a fact in Tanzania and in other parts of the world that step mothers do not value much the children under their care.544 Moreover, other men left alone have been using a lot of money to visit the

541 An interview by the author, at Mother Teresa Girls School, Same-Tanzania, April, 2015. 542 An interview by the author to the boy students from Kwakoko Secondary School, July, 2016. 543 See John S. Mbiti, African Religion and philosophy, p. 146. 544 See https://www.theguardian.com/commentisfree/2012/mar/26/domestic-violence-against-women, Accessed, 11/01/2019.

137 police stations and the courts and at the end left in poverty. In Tanzania in this millennium, there are those families which are always in conflict due to violence against women but its men who suffer the consequences.

The researcher visited and interviewed the group of men in Arusha region in Tanzania. The intention was to know how violence against their wives affected them. Most of them declared to have visited the Police stations many times as their wives reported them there. These women are those who have been in Universities and they therefore know their rights. These men lamented to have ended poor as a lot of money was spent in such aims and cases in courts.545

The witness above proves to us that despite the fact that men impose pains to their families, some outcomes return back to them. It follows, then, that whatever bad thing one does to the other hits back.

Men difficulties in re-marrying: In Tanzania there are a good number of men who have separated from their wives due to violence against them. It is without doubt that, when a woman is fed up, can speak all about her perpetrator without bothering whether her husband is or not. This comes just automatically because of the torture she experiences. Some of these women do this purposely so as to make these men incapable to re-marry. As they come to fully divorce, these men cannot have a chance to get another wife. When these men propose to marry other women, they run away from them because some already know their behaviors.546 Due to these difficulties, many men have ended in pains in their whole lives. It has become more difficult for some men when it happens that both the wife and the husband who is the perpetrator still live in the same village or town. As the author of this work, I have witnessed this in Same District town where some 4 of these men have ended in poverty and been marginalized by their relatives.

5.4 Social-economic effects

Domestic violence can be a burden to many systems in the country including health and judicial systems. These systems can fail to recognize and care for all the affected women. The judicial system is always forced to amend the laws defending women which can cost the country’s economy.547 There is also a hindrance to economic stability and growth through women’s lost productivity. Domestic violence is a hindrance to women’s participation in the development processes and lessening of their contribution to social and economic

545 A group of Catholic men in Arusha, interviewed by the author, December, 2018. 546 John Mbiti, African Religion and philosophy, p. 146. 547 See hrlibrary.umn.edu/svaw/advocacy/modelsessions/causes_effects.PDF, Accessed, 13/03/2018.

138 development. This leads also to constrained ability of women to respond to rapid social, political, or economic change. The breakdown of trust in social relationships cannot be avoided. These affected women mistrust the government for failure to protect them and enact laws to defend them. The government of Tanzania has come to several amendments in the Constitution so as to defend women and this costs a lot as it involves the parliament meetings. But despite the amendments of the human and women rights in the country the situation improves slowly.548 There is therefore, a weakened support networks on which people’s survival strategies depend. There is a strained and fragmented network that are of vital importance in strengthening the capabilities of communities in times of stress and upheaval. The government has to do this so as to return trust to its people.

Economic effects to the families and the country: Families need to keep their efforts together for the betterment of their future and for the national development. Their work helps not only the family members but also the other people outside them as far as tax is involved. When women who are always in the front line in the production of goods and foods are violated; their ability to work is reduced. They feel embarrassed and do not see the meaning of toiling for the family without any recognition.549 Most of the time after the violation of women rights in the families by several means; the family functions are impaired. When a woman is tired of taking the responsibilities of all the members in the house including the husband who is a perpetrator she feels miserable. The position of a woman in a family in Tanzania is very important though not valued by the perpetrators.

The effect on the economy goes further as women lose self-esteem and confidence in their lives. Human beings are created by God given power and freedom of believing in themselves. Most of the women in marriage life have the courage and power of believing in whatever they do. They mostly get the carriage from their loved husbands who encourage them. When the situation changes through the actions of violence, these women lose such kind of self- esteem and confidence. Due to the torture they experience they find life as coming to the end. They see darkness before them and due to lack of alternatives they despair.550 This kind of despair prevents them from working and having children who will later work for the nation. As a result many areas are affected including the economic sector. In marriage, love is

548https://www.tzaffairs.org/1985/01/tanzania%E2%80%99s-constitutional-amendments, Accessed, 15/07/2018. 549 Dr V. Chandra-Mouli & Dr A. Amin, Violence against Women and Girls, Forms, levels, consequences, and growing commitment to address it, Department of Reproductive Health & Research, World Health Organization, in archive.ipu.org/splz-e/dhaka14/mouli.pdf, Accessed, 15/03/2018. 550 See Chama cha Wanasheria Tanzania Bara (Tanganyika Law Society), Jinsia na Ukatili wa Kijinsia, Sheria katika Lugha Rahisi, Legal Service Facility, Dar es Salaam, 2016, p.8.

139 experienced through several ways including having children and rearing them. But due to continue actions of domestic violence, their confidence gets reduced, the need for sex gets lost and they cannot get more children. We are aware that for the developed countries human labor is very important. Therefore as few children are born and other people dying due to diseases and old ages; the economy cannot grow as far as the working population is reduced.551 Apart from lack of confidence in life which reduces the thinking and working capacity, these women look most of the times angry, depressed and sad. They are found with unsettled consciences and feelings of been separated from the society. There are other effects like feeling of committing suicide, brain diseases, poor rearing of children and ultimately having a non-educated society which results from poverty and poor parent’s formation.

The system of life in Tanzania does not allow many women to possess wealthy even that which they have personally acquired. This has made women remain dependent on men and their voices in the families deprived. In Tanzania one can walk majestically as far as he or she has some wealth in a form of money, material or both. The one who has not wealth especially women, are not even allowed to give their views and suggestions on how to improve the family and even country’s economy. Moreover, their work counts a lot in the development of the country but the acts of domestic violence has lowered their power of work and to some completely diminished. Some women are even forbidden to work. There are those who are able to work in other sectors other than in the fields due to their professions. Most of these have even missed chance by been prevented by their husbands and or by the employment system. The violent actions which prevent them from work, has led to the more or acute poverty in the country. There is also a loss of workplace productivity.552 It is obvious that the countless works of women have contributed a lot to the development of the country. The ones which are seen as small works at homes make life move on and give a wider chance to men to participate in the other development activities. Therefore, it follows, that not even a single work of women should be disregarded as useless in the building of the economy.

Moreover; as the social point of view is concerned, one of the effects of domestic violence is the creation of a big violent society. The belief of many African countries including Tanzania is that, a man with many wives has a big status in the society depending on the big number of

551Chama cha Wanasheria Tanzania Bara (Tanganyika Law Society), Jinsia na Ukatili wa Kijinsia, Sheria katika Lugha Rahisi, p. 8. 552 Dr V. Chandra-Mouli & Dr A Amin, Violence against Women and Girls, Forms, levels, consequences, and growing commitment to address it, Department of Reproductive Health & Research, World Health Organization, in archive.ipu.org/splz-e/dhaka14/mouli.pdf, Accessed, 15/03/2018.

140 children he has. But as we have seen in this work, the effects resulting from polygamy are many. In the course of living, a man with many wives can hardly manage himself and control his emotions. Most of the time, he will find himself in conflict with these women which results to violence. This grows in the mind of their children and at the end as elders, they find themselves doing the same violate actions.

I myself as a writer of this work though not from a polygamous family, I ones came across a family whose father was a polygamist. The son from this polygamous family married a wife and they got two children. Their residence was in Dar es Salaam, a famous city in the country. They lived very well including spiritual well being. After ten years, I found this man having a new life. He had left the wife in their house and went to live with another woman and now they have three children. He does not think of the former wife and he does not even educate the children from his former family. He is satisfied with his today’s life.553

The experience above forced me to have an interview with him and he explained to me what he had experienced from his parents. He explained to me that, his father had two wives with sixteen children and he did not treat his wives and children well. They grew up in such a situation and he himself had put an oath before God not to imitate his father. Unfortunately he had found himself in the same situation and he cannot even think of going back to his former family for he sees that to be a system of life. This shows how violent action in our families can lead to a more violent generation.

The creation of the unfaithful society cannot be avoided. According to Hartmann; citing different areas of our world one will discover that there are some causes of violence in marriage life which continuous or speeds up the evil. There are things like the marriage license which is taken as a “hitting license” but only for men.554 It is seen as if it is only men who have the right with the certificate. This has been used as a weapon to violate women in some countries. As a result many women cannot tolerate anymore by remaining at their houses. They silently resort to separation. The silent separation creates a big silent generation which is always unfaithful. A woman who runs away from home without saying anything to her husband who is a perpetrator; will go silently without telling the others what had happened. She will stay with the problem in her heart which will at the end come out in another way. The same women will have a reduced sense of faithfulness in their lives due to the tortures they got. They claim to preserve these tortures in their hearts so as not to disturb the other family members like their children. But at times in life, they have to remember that

553 A man interviewed by the author, Dar es Salaam, Tanzania, 16/04/2016. 554See Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p.30.

141 these actions were ones seen by their children who are the future generation. Lack of reaction to the evil of violence from these women, has made many of them remain quiet and less engaged in social life. We are aware that the voiceless members of the society have nothing to contribute before the others. The silent leads to secret reactions which if allowed to prevailing in the society, things turn worse. Most of the violated women in Tanzania have been leaving their homes quietly to unknown places. They carry this distrust with them and they never believe in men anymore. This has brought many dangerous actions like silent killing of their husbands through poisoning and through the use of many other ways. There are some women who have later regretted for doing such evils. There are some separated or divorced women who send unknown people to kill their former husbands due to hatred they carried in them. Many of these events are unreported and after investigation they claim to have found nobody involved in the mentioned murder case. Some of the women in Tanzania have been accused of killing their husbands after finding them in another marriage.555 This silent kind of life affects the society greatly, for the solution of the problems goes silently and involves evil cases.

The creation of the unfaithful society follows above all the unfaithful events which are always done in hidden corners. They appear in dangerous places and time. Domestic violence is hardly done in public. It is most of the time done in secret in the house during the evenings and nights, during weekends and holidays when men are at home.556 Due to this there is an increased risk of evils and separations in marriage. These separations in Tanzania have made many women untrustworthy and because their voices are not heard when they speak out; silent and revenge has created distrust among some families leading to an increased violent generation.

Victims of violence carry in themselves the pain over their life history and this can result to a violate society. They lose belief in their own efficacy and in the goodness of the world, and may lose joy in life itself. This stage can make the victims resort to revenge to those around them. The thinking capacity becomes impaired and they are controlled by less thinking. Victims may isolate themselves from others, feeling misunderstood and unable to express themselves.557 Victimhood may manifest in feeling fear or anger. For many people especially the victimized women, these may manifest in mental health problems as already seen in this

555 See http://allafrica.com/stories/201705170488.html, Accessed 18/03/2018. 556 Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, p.31. 557 Dr Kate McAlpine, Consultations with Women, Children and Civil Society in Tanzania, Their Experience of Violence and recommendations for Change, Unicef, Save the children, 2016, p. 15.

142 work. They may become addicted to drugs and alcohol as a way to block out their pain. Some of the women in Tanzania were at a time seen health and well behaving. The same women after some years were seen as unrespectable, alcoholic and many more. The research was done following their backgrounds at their houses and a lot of violence from their homes was noticed. It was mostly due to husband’s torture that they switched to such behaviors.

One woman who looked as a mad person was interviewed. The interview began by giving her hope that she was not sick but only lacking something. She explained that life for her was no more due to the beatings and torture she got from her husband.558 These problems confused her, leading her to be seen as a mad person. She was advised, counseled and she slowly came back to normal. This was just one woman but around the country there might be many women of such kind. The problem is how to reach them in a friendly manner and know what has made them so. But many of the problems to women in the country are the result of domestic violence.

Victims may make self-destructive choices and take up risky behaviors.559 We have seen that most of the abusive women run away from their homes to avoid more violence. Where they begin their new lives, the situation becomes worse due to lack of basic human needs. Some of these women engage in other activities like prostitution and theft. When one visits the big cities like Dar es Salaam and Mwanza, will ever see some women at night selling their bodies (prostitution). They use their bodies as the instruments of earning income. When they are asked on why engaging in such a shameful activity, the question of domestic violence cannot be left unexpressed. The media people in the country have tried to do this job and came out with such reasons.560 This has made them not to become the constructive members of the society and remain always confused. Growth of the male dominant society is another social effect. Domestic violence do not effect only the present but also the next generation. Despite the efforts made to eradicate the evil, there are systems in some countries which have always remained unchanged either purposely or due to the country’s system of leadership. The mostly affected countries are those having Arab influence. It is a common perception in Arab countries that women should be subordinate to men, even if significant progress has been made in the past few years. Men consider themselves as the breadwinners of the family and by using violence they maintain

558 A woman interviewed by the author at Arusha region, Tanzania, June, 2016. 559 Dr Kate McAlpine, Consultations with Women, Children and Civil Society in Tanzania, Their Experience of Violence and recommendations for Change, p.16. 560 See https://en.wikipedia.org/wiki/Prostitution_in_Tanzania, Accessed, 16/03/2018.

143 the order of the household.561 Tanzania as a republic has one part of it influenced by the Arabs. Zanzibar Island has almost 99% population with the Arab influence.562 As already discussed in the previous chapters, men in this area do not allow women to be out for work. They have to remain at home just feeding the children. The male dominant life in every sector in the mentioned area has made women feel themselves more marginalized. This affects the whole society as female find no place to air their views and offer their contributions to the country. The important question here arises; is the Island meant only for men and if so what are the duties of women in this part of Tanzania? This is a challenge for the present and the coming generation which we must try to solve now.

Conclusion

In this chapter, we have explained the effects brought by domestic violence to our Tanzanian society and the world at large. Despite the coming of the Catholic faith in Tanzania which has lasted for more than a 150 years and the presence of other religious faith the practice of violence still continuous. The challenge here is on how to bring these violent acts known to the society and how to combat them. It seems that people’s consciousness is affected. Thus, the formation of Christian conscience is needed as our recommendation chapter will suggest.563 The patriarchal system is to be challenged as far as domestic violence against women is concerned. That is why even the Church and especially the local Church in Tanzania is not silent about violence against women and other injustices which affect the society. The Church in the world including Tanzania dedicates its efforts to eradicate these evils. This brings us to the next chapter on the Church’s response to domestic violence against women.

561 Loanna Avloniti, “Domestic Violence: A Major Health and Human Rights issue in the world”, MSc in International Medicine-Health Crisis Management, University of Athens, Athens, 2012, p. 11. 562 See https://en.wikipedia.org/wiki/Islam_in_Tanzania, Accessed, 17/03/2018. 563 According to Rwiza in his book entitled; Formation of Christian conscience in Modern Africa, published in Nairobi, 2001; Conscience has theoretical and practical aspects. Theoretically it provides a worldview: a Christian view of a person and his or her relationship to God; if such a metaphysical view is Christian, it will have existential motivations and will result into practical judgments and actions.

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CHAPTER 6 THE CHURCHES RESPONSE TO DOMESTIC VIOLENCE AGAINST WOMEN

Introduction

Domestic violence against women in Tanzania is a reality and it has affected our people as we have treated it in the previous chapter. This chapter presents to us how the Catholic Church views and considers the evil of domestic violence against women. The first part will deal with the Biblical foundations and the anthropology of sexes. This will consider the image of God been manifested to both men and women. The Church as an Institution cannot let these injustices continue in the society. Therefore we deal here with the mission and vision of the Church on the evil of violence and how the interpretation of the Bible can lead to the increase of the evil. We further treat here the position of the Church on violence by looking at both Old and New Testaments. Moreover, we treat in the second part on how the Church’s tradition has a lot of contributions on the question of violence, and the God’s purpose on the abused. The third part concludes with the Clergy’s response to domestic violence.

BIBLICAL FOUNDATIONS AND THE ANTHROPOLOGY OF SEXES

Anthropology is the study of people throughout the world and it deals with their evolutionary history, how they behave, adapt to different environments, communicate and socialize with one another. It considers also the biological features that make us human such as physiology, genetic makeup, nutritional history and evolution and with social aspects such as language, culture, politics, family and religion.564 The study defines us as human beings and it stresses on God’s creation where all human beings are equal and have the same image of God regardless of the sexes. The mission and vision of the Church is to bring this equality and justice in life.

6.1 Vision and Mission of the Church

The Catholic Church all over the world has its vision and mission. It struggles to make the people of God live in love, exercise and extend this love to others and ultimately continue the work of creation assigned to them by the creator.565 People should do to others what they want to be done to them. This will help to eradicate evils in the societies. In God’s love we can go one mile more to those who request us for a mile so as to reach the end who is God

564See https://www.discoveranthropology.org.uk/about-anthropology/what-is-anthropology.html, Accessed, 30/01/2019. 565 See Herwig Büchele, Gewaltfrei Leben, Die Herausforderung der Bergpredigt-Utopia oder Chance?, Verlag Friedrich Pustet, Regensburg, 2010, p. 14.

145 himself as we read from Mt 5:41. Those who are suffering like women are to be assisted towards the solution to the evil of violence.566 The Church, basing on love is a basic component of the society and it is the completing factor in structure and formation of God’s people. It was intended by Christ, that the formation of the Church would take place and serve as a means for the spiritual maturation of the people called to follow him. Prior to his ascension, Jesus instructed his followers to work collectively to fulfill the Great Commission. Jesus tells the disciples that all authority in heaven and on earth has been given to him. Therefore, they have to go and make disciples of all nations, baptizing them in the name of the Father, and of the Son and of the Holy Spirit, and teaching them to obey everything he has commanded them. And surely, he is with them always to the very end of the age (Mt 28: 18-20). This shows that even those who are encountering violence cannot escape his notice. The message of peace should therefore be spread to all the people as we read from Jn 14:27 so as to keep all the people connected to him as a means to avoid violence.567 In human beings’ sinful state God pronounced curses on the serpent, the woman and the man. To Eve he said in part, “Your desire will be for your husband, and he will rule over you” (Gen 3:16).This was not God’s original intention, nor his long term solution. There are many passages in the Bible reflecting the relationship between man and woman in very different ways. Therefore; there are two different ways to talk about the creation. The first is Gen 1, 27 which deals with the equality in different paradigm which includes also Gen 2; 23. This paradigm is part of the first and the second report on creation before the fall. The second one about the subordination paradigm is indeed found in Gen 3, 16. This states that, it is the consequence of men’s/women’s fall, not God’s original will. This is part of a curse, a consequence of sin. These consequences have made the Church put much struggle in educating the people about the God’s original plan. The Church has a responsibility to make sure that all the people live without any kind of discrimination but been aware that concupcience is part of human life.

According to Achbishop Nienstedt; the root of the word “mission” means being “sent,” and the Church is therefore sent into the world to continue the works of Jesus Christ. These works are such as preaching, teaching, healing, doing acts of charity and justice.568 The Church must therefore be a place where victims of domestic abuse can turn for emotional, spiritual, and

566 See Herwig Büchele, Gewaltfrei Leben, Die Herausforderung der Bergpredigt-Utopia oder Chance?, Verlag Friedrich Pustet, Regensburg, 2010, p. 14. 567 See Herwig Büchele, Gewaltfrei Leben, Die Herausforderung der Bergpredigt-Utopia oder Chance?, p.32. 568https://www.catholicnewsagency.com/news/catholic_churchs_mission_is_to_continue_work_of_jesus_christ _archbishop_niendstedt_explains, Accessed, 19/03/2018.

146 physical support when they find themselves in difficult and dangerous circumstances. This means that, the Church must be proactive in the matter of domestic violence, seeking to do its part to end the abuse and always advocating for its church family members who are victims of such abuse.569 Therefore by fighting for justice the society can get away from many evils. In carrying out its mission, the Church is guided by Scripture and tradition.570 These two are the heart of the Churches life.

6.2 Scripture and Biblical Interpretations

The existence of domestic violence against women is discussed here taking into account what the Scripture and tradition of the Church teaches about injustices. Scripture as a Word of God, its value remains perennial and what is needed is its correct interpretation after reading the signs of times correctly and righteously. Tate, a professor of humanities and Biblical interpretation; writes that, the early Church not only told and wrote the stories of Jesus; they also retold and rewrote them. The existence of four Gospels is evidence that Jesus and his message could be applied in a variety of ways, each with a particular emphasis.571 According to Gichure, a Catholic Priest, a native of Kenya and a Professor of philosophy and religion; Scripture needs tradition in order to be interpreted correctly.572 As pertaining to biblical interpretation; texts of Scripture do not have a single meaning. It is to be understood that some biblical authors wrote using their historical events of their times and milieu. Faithful reading of Scripture invites one to dip again and again into the meanings that God reveals in new times and new places. One needs to read the Scriptures in dialogue with diverse communities outside Church. Reading the Scripture with Jewish scholars in particular will provide many insights into the world in which Jesus was born and loved as a pious Jew.573

The false interpretations and ignorance of the Scriptures have put the Church in the position of been termed as one of the sources of violence against women. It is a reality for the Christians that the bible cannot contradict itself. Therefore what is contained in it is the truth to be lived. It has in it whatever concerns men and women accordingly. The question which

569 Steven J. Saul, THE Response of the Church to Domestic Violence: A Silent or Active Voice to Broken Families, p. 84. 570Tradition stems from the action word traditio. This etymology points to the historical events of ‘transmission’. Tradition coincides with the ongoing process of handing down certain ancient values to the present, in accordance with our present horizon of understanding. Tradition dates back to apostolic period. We need tradition to understand the Scriptures and the teaching of the Magisterium. 571 See Randolph Tate, Biblical Interpretation: An Integral Approach, Massachusettes, Hendricks Publishers, 2006, p. 159. 572See Peter Ignatius Gichure, Contextual Theology, Its Meaning, Scope and Urgency, Nairobi, CUEA Publications, 2008, p. 126. 573 Anne O. Weatherholt, Breaking the Silence, The Church Responds to Domestic Violence, p. 28.

147 remains in our minds and discussions is; why women have no important positions in the Church and is it oppressive when it comes to women participation? The interpretations brought up by some people can be one of the causes of the problem. According to Tropman, an American and the director of Leadership in Community Benefit Organizations; he is of the opinion that, calling the Church ‘traditional’ means the superiority of men and sub dominance or as some people may say, subjugation and exploitation of women.574 Many people may argue following Tropman,s opinion that, from the beginning it is only men who are seen taking the front positions in the Church, and we should therefore let it continue claiming to be a Church’s tradition. But it should be remembered that, there was a phase in the history of the Church, right at the beginning where women had leading positions within the first parishes. These were like Phoebe, the diaconess in Romans 16:1-2 and Maria Magdalena and Junia who are either documented in the Gospels or according to the letters of Paul who gives them the same titles as “Apostolos/Prostatos”, that is Principle/head as he calls his male colleagues. However, in the second and third generation and especially after 325 in the Council of Nicaea; when Christianity became the religion of the State, the different forms of the priestly office developed according to Roman predecessor model. Here the leading role of women within the early Christian parishes vanished.

In order to rescue or defend the Church from been termed as the cause of domestic violence as far as the interpretations of the Scriptures are concerned; we have to learn and have people fully knowledgeable on this important activity. A Handbook on African approaches to Biblical interpretation is of a great help for many students in Africa including Tanzania. The methodology which is used by Mundele, a theologian priest and a professor at the Catholic University of Eastern Africa in Kenya and the author of the book; has been used in course of biblical exegesis for more than ten years and the African students who applied it have been positively marked.575 The methodology of the book is arranged in three stages; first and foremost, it gives a biblical analysis of the biblical texts. In a second position, it gives the analysis of African event divided into traditional and contemporary Africa and third, it embarks on the interaction between the biblical analysis basing on the African situation and reality of life.576 The challenge is that, this handbook has not reached many people or interpreters in Tanzania except those few who have been in the mentioned University. The

574See John E. Tropman, The Catholic Ethic and the Spirit of Community, Georgetown University Press, Washington, 2002, p. 53. 575See Albert, Ngegi Mundele, A Handbook On African Approaches to Biblical Interpretation, Kolbe Press, Limuru, 2012, xix. 576 Albert, Ngegi Mundele, A Handbook On African Approaches to Biblical Interpretation, p. 3.

148 arrangement to have it to some interpreters in Tanzania is done and we hope it will help in the understanding of the bible texts especially those due to false interpretations lead to violence against women. The lack of enough interpreters who are also devoted to this work has led to the misinterpretation of the bible.

Interpretation of the biblical text bases in the Bible itself. There are several methods used in these interpretations such as “Midrash” which is a method referring to the exegesis577 and interpretation of the Scripture. According to Strack, a German Protestant theologian and Stemberger; midrash with its types have a duty to supply details which are missing, resolve contradictions and reconcile the texts with current practice by finding biblical support for regulations not yet envisioned in scripture and so on. Techniques applied at Qumran and New Testament both leads to fulfillment of the prophecies in time. In the Old Testament the point of departure is Scripture and in the New Testament, is the Christ event. In interpreting the bible texts in Africa, diversity of life in Africa like cultural, religion, political, social and economic must be considered. Message of the Bible should interact and enter the Africans according to their mindset in their life situations basing on their different tribes and languages.578 Tanzania has many ethnic groups and different Sects which have different interpretations of the Bible and this increase the evil of violence. Some of these false interpretations come also from the learned religious leaders who are not well trained. According to Fortune, an American multinational business magazine headquartered in New York City and Hertz; They argue that, the religious teachings of the Jewish and Christian traditions are adequate to address the experience of contemporary persons when the traditions acknowledge the complexity, the paradox, and sometimes the incomprehensible nature of these experiences.579 As pertaining to interpretations, some of the readers can focus on a single text or verse of scripture without considering the context. As a result, God’s will and purpose can be misinterpreted. For instance, many female victims of domestic violence can flee from their relationship with a Church because they have read and been told by Church leaders that, the Bible instructs them to submit to their husbands, even in the most abusive situations. This justification is found for instance in Ephesians (5:22-24) where it states that; Wives should submit to their husbands, as to the Lord. For the husband is the head of the wife

577Exegesis refers to the detailed examination of a piece of writing and in this context the scriptural text. 578 Martin, Nkafu,Nkemnkia, African Vitalogy, A Step Forward in African Thinking, Paulines Publications Africa, Nairobi, 1999, 78. 579 Fortune and Hertz, Religious Teaching About Violence Against Women, in BC Association of Specialized Victim Assistance and Counseling Programs, Newsletter of the BCASVACP / WINTER, Vancouver, 2 0 0 6, p. 3.

149 even as Christ is the head of the Church, his body, and is himself its Savior. Now as the Church submits to Christ, so also wives should submit in everything to their husbands.580 Taking this literally can lead to much violence against women in the society. These kinds of interpretations have also awakened the feminist’s mind of the Church.

6.3 Feminists' mind on the Church

There are hundreds and thousands of feminist interpretations of the Bible. There are so many feminist interpretation of Gen 1 and 2 and some of them are of course, a kind of dream, not really exegesis of the verbal content of the text. But according to some feminists like Ruether an American feminist scholar, a Catholic theologian and also an advocate of women's ordination and also one dealing with a movement among Catholic religious persons who affirm women's capacity to serve as priests, despite official sanction; argues that, patriarchy system in the bible has subordinated women and they are only related to God through men. Man is taken as the head of the wife and he mediates the woman to God.581 She takes the bible as discriminative and as a challenge to the struggle towards the eradication of violence. We should not undermine her argument here for there are people who have the same mind like hers. But the problem lies on the interpretations, time and mind of those who wrote the Bible. In Gen 1-3; man is placed as the first to be created and the second to sin while a woman is the first to sin and the second in creation. According to this creation story; Rosemary has the mind that, Adam is giving birth to Eve and not the vice versa and this increases the evil of violence against women.582 Some men and women in several villages in Tanzania use the same verse to argue that; Men cannot understand women very well because this woman was created from man’s rib when he was in a deep sleep. Therefore understanding one another is not a simple thing. But this text emphasizes the closeness of relationship between man and woman. At first Adam was unhappy for quite a long time and finally God finds a right “material” to make him happy.583 He brought to him the highest quality of help we can think of. Therefore, besides all interpretations; the rib is close to the heart.

580See Steven J. Saul, The Response of the Church to Domestic Violence: A Silent or Active Voice to Broken Families, p. 23. 581 Rosemary Radford Ruether, “Scripture in Feminist Perspective” in Scripture and Ethics Twentieth-Century Potraits, Oxford University Press, New York, 1977, p. 202. 582Rosemary Radford Ruether, “Scripture in Feminist Perspective” in Scripture and Ethics Twentieth-Century Potraits, p. 174. 583Wayne Simpson http://www.jasher.com/Insights%20page/Adamsrib.htm, Accessed 25/10/2019.

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Does the Word of God address feminism? It is to be clear that, the modern concept of feminism was not present during the time when the Bible was written, but that does not mean that the Bible has nothing to say about the basic issues of feminism. When one reads the Bible carefully will notice so many quotations addressing feminism some of them are from; 1 Corinthians 11:12, Psalms 68:11, I Peter 3:7 and many others which address women and insist that they have to be equally treated as men.584 If one comes to the new concept of many feminists which seem to mean that, women are to do everything as men do, that would be a wrong concept of feminism. But the already mentioned verse on “subordination paradigm” in Eph 5 which is followed by “equality-in-difference paradigm” entailing the idea of complementarity; must be followed to avoid all these false ideas. Even when the Scriptures seem to be silent on something that affects women today, something which is not true for many passages are unknown; there are eternal principles that speak to the underlying issues.585 The only true cure for inequality is obedience to God’s Word which has everything concerning justice in human life.

A Scholar Carmody, a feminist; sees women oppressive tendencies in the Churches. She focuses on the liberation of a woman and she sees to it that, the Churches use the patriarchy system which violates women a point which is also supported by some feminists like Elizabeth George.586 The exaltation of men over women has affected the structures of all the Christian Churches from the Old to the New Testaments. It affected the structures created by Jesus, in reflection of his Jewish culture, reminding us that even if we confess the sinlessness of Jesus we cannot pluck him from the sinful environment; we cannot confess that all his interactions with the environment resulted in sinless structures for his community.587 Can we argue or condemn her as having wrong thinking because she challenges the Church? These ideas are valuable and a step towards the eradication of violence against women in different sectors should be considered. But we should keep in mind that, Jesus himself showed quite a difference behavior towards women. As we shall see in this work especially in the New Testament; He always treated women respectively and this is the source of female theologians as well. Of course he was not a “feminist” in our sense today but the way he dealt with women was quite surprising.

584https://www.openbible.info/topics/feminism, Accessed, 17/07/2018. 585 See https://www.gotquestions.org/feminism-Christian-feminist.html, Accessed, 16/07/2018. 586https://www.gotquestions.org/feminism-Christian-feminist.html, Accessed, 16/07/2018. 587 Denise Lardner Carmody, Virtuous Woman, Reflections on Christian Feminist Ethics, Maryknoll, NewYork, 1992, p. 36.

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Despite the fact that many feminists include Jesus in the environments of violence against women; the same scriptures give out the stand of Jesus as we read in Matthew 9: 12 that; he did not come for those who are health but for the sick; that is those who are violated. Jesus as a Jew was not against his Jewish people but against all the things which causes injustices. Therefore, the feminist’s arguments should keep us aware that, it is through Jesus that the life of women in the world got more importance and respect than it was before. His life here on earth made the world see the importance of his Mother Mary and all other women despite an increased challenge about violence. The evil of domestic violence at homes is therefore in a part traced from the Bible. It is really hard to deal with this question of Domestic violence as it is almost done behind closed doors, bringing disgrace to both victim and offender. Thus, an actual count of the incidence and prevalence is impossible to determine.588 But this gives us more courage to investigate on this evil so as to eradicate it and keep our society safe.

6.4 Church’s Role on violence in the families

We have seen from the beginning that the definition of domestic violence depends on the one who defines it. The Christian theologians have avoided giving any one explanation of violence as others stated it in chapter one of this work. For most of them, violence is understood as sin; that is one going against God’s order set for peace.589 The Church is advised not to take domestic violence as a private matter to be solved only at homes, for by doing so it avoids its duty of reconciliation. It follows, then, that, the Church has to take steps against the evil of violence. The Bible has many references which are against violence of all kinds. According to Eph 5:25; it is plainly showed that the husbands are to love their wives and be good to them.590 Despite these citations, many evils of violence have been witnessed and are seldom reported to the clergy or Church’s authority. The Church must look for the ways to help these victims even if they hardly report to them. Therefore the appropriate pastoral care and support for the victims and the abuser must be given. The Church is not currently perceived by victims of domestic violence as a place to go for help because they sometime receive simple answers to the difficult questions and yet the family is the basic component of every Church. If the most primary component of the Church does not seek support from the Church, what is the future of the Church? The response of the Church in situations of domestic abuse is needed. To sit passively and deny that physical, emotional,

588See Lynette Feder (Ed), Women and Domestic Violence: An Interdisciplinary Approach, New York, The Haworth Press, Inc, 1994, p. 2. 589 Paul Barry Clarke and Andrew Linzey, eds; Dictionary of Ethics, Theology and Society, Routledge, London and New York, 1996, p. 867. 590 Ephesians 5: 25.

152 and sexual abuses are present in the local church, is deceptive to the body of Christ and its leadership.591 Church leadership is called to provide assistance to, seek safety and health for, and serve as an advocate for the victims of domestic abuse. To contend that family abuse is not a problem or act as if it does not exist; perpetuates violence and leaves the “least of these” as vulnerable victims of violence and abuse.

Domestic violence is a personal sin that contradicts God’s calling in the perpetrator’s individual spiritual life (love, joy, peace, patience, kindness, gentleness and self-control (Galatians 5:22-23), and is the opposite of the respectful love between husbands and wives as brothers and sisters in Christ which we are called to have. It is clearly outside God’s will and not only an act of disrespect to their mate but an act of rebellion against God. Domestic violence brings dishonor to Christ and the Christian community. The church is God’s “spiritual bride” according to the Apostle Paul in the book to Ephesians chapter 5. Can you imagine Jesus Christ abusing his bride, the Church? That can never happen! Hence domestic violence should not be tolerated by the Church.592 For all these reasons and more, the Church should take domestic violence seriously as a significant problem. Catholic Church leaders and Pastors from different Churches should preach at least yearly on the issue, get basic training on how to help effectively, and support Christian ministries and social services for abused women and children. The Church is called to serve and equip its ministers and members to care for families. They have to keep in mind that, the family is the foundation of the society which builds up the Church.593

The family is the linchpin of gender, reproducing it from one generation to the next. Family life as typically practiced in our society is not just, either to women or to children. The family needs to be a just institution but the contemporary theories of justice neglect women and ignore gender based violence.594 The solution to this is complex. It is particularly so because we place great value on our freedom to live different kinds of lives we want. In the families there is no current consensus on many aspects of gender and we have good reason to suspect that many of our beliefs about sexual difference and appropriate sex roles are heavily influenced by the very fact that we grew up in a gender-structured society. Many people have

591See Steven J. Saul, the Response of the Church to Domestic Violence: A Silent or Active Voice to Broken Families, Charlotte, 2011, p. 38. 592 Nancy Taylor, Religious Teaching About Violence Against Women, in BC Association of Specialized Victim Assistance and Counseling Programs, NEWSLETTER OF THE BCASVACP / WINTER , p. 25 593 John E. Tropman, The Catholic Ethic and the Spirit of Community, Georgetown University Press, Washington, 2002, p. 244. 594See Susan Moller Okin, Justice, Gender and the Family, Basic Books, Chicago, 1989, p. 171.

153 been affected in their very psychological structures, by the fact of gender in their personal pasts, just as our society has been deeply affected by its strong influence in our collective past. Therefore restoring families and immediately seeking safety for victims of domestic violence are essential aspects of the Church’s call. The Church must deal especially with the gender equality-in-difference paradigm more consequently in order to move ahead and help families. The Church cannot as it typically does, remain passive and detached from the cry of domestic violence victims. In fact in many instances churches are sadly, unaware that a family is in trouble and their lives are impacted by family violence. The perpetrators of violence typically mask the issues of their violence and seek refuge in the Church when the violence has become a legal matter. The Bible speaks plainly concerning the call of husbands to love their wives, yet the disclosure of violence by the victim is seldom taken to clergy. The Church595 must change and take appropriate pastoral care and support for the victims and the abuser.

Abuse is never an appropriate response to being provoked. People provoke others all the time as Saint Paul reminds in Eph 4:26 but we are all still responsible for our response. Family and marriage life in Tanzania today, demands a lot of wise counseling for protection and promotion. Conscious of their God given gifts, women are by nature transmitters of life depending upon their free decisions. Since they are co-creators through motherhood, their tender heartedness and great capacity to love is an added advantage in executing this ministry. According to Waliggo; a theologian and a priest from Uganda in East Africa; Women should therefore be encouraged to effectively partake of this ministry.596 This will also encourage many women who experience domestic violence take their problems to the Church to be attended. In many parts of Africa including Tanzania, the Catholic Church has left this important ministry in the hands of the clergy and the catechists, all of whom are men. And as such this ministry has never been given the priority and importance it deserves. People intending to marry in the Church are given few hours of education during the three weeks preceding the marriage. After marriage, they are not followed up to affirm and to consolidate these couple’s family life.597 This has been a big problem and has led to many violence actions in the families. Since Christian marriage and family life are the back-bone of the Church; committed Christian women should play a leading role in the adequate preparation of these couples and make a follow up of the newly formed Christian families.

595Church by the New Testament writers denotes the society founded by Our Lord Jesus Christ. 596 John Mary Waliggo, Struggle for Equality, Women and Empowerment in Uganda, p. 112. 597 John Mary Waliggo, Struggle for Equality, Women and Empowerment in Uganda, p. 113.

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This ministry should also include family counseling, the peaceful settlement of family conflicts and the promotion of the Christian values for forgiveness and reconciliation. In the contemporary world, unless this ministry is taken seriously, the many challenges which confront Christian families including domestic violence against women may have an upper hand and place the institution of marriage at risk.598

6.5 Scripture on domestic violence

Scripture has a lot of positive contributions but also negative consequences on the question of domestic violence depending on the interpretations. Bundesen; an American feminist, argues helpfully that, the absence of many women characters in the Bible does not in any way demonstrate that women were incompetent voices for God to use.599 Their absence is rather, a function of the patriarchal cultures that influenced the writing of the Bible. This patriarchal system ran from the Old to the New Testaments. But despite the patriarchal cultural setting of the New Testament, Jesus is portrayed as having a revolutionary attitude toward women. However, we must pursue the historical situation in which the Bible was written as patriarchy prevailed. Women were viewed as lesser beings than men. Secular records according to a historian Flavius Josephus; women lacked not only political rights in biblical times but also credibility in the public dominion.600

6.5.1 Domestic violence in the Old Testament

The Bible presents us with the history and the beginning of human being into the world. God created man in his image and likeness, valued their dignity and gave them dominion over the earth.601 They were given everything but after the fall, the consequences were for a man a painful toil to earn a living and for a woman pain in childbearing. Death became the outcome of sin where Eve is blamed as the cause (Gen 3:16) and she is now taken as one of the sources of violence against women. Basing on this verse, women are violated for having caused sin into the world but forgetting that through the same woman the world is saved. In the Greek ancient world, Aristotle placed women between slaves and free men and the wives

598 John Mary Waliggo, Struggle for Equality, Women and Empowerment in Uganda, p. 114. 599See James F. Keenan, (ed)., Catholic Theological Ethics Past, Present and Future: The Trento Conference, p. 108. 600 S.N Emswiler, The Ongoing Journey: Women and the Bible, New York, Women’s Division of the United Methodist Church, 1977, p. 144. 601See Madalina Toader, The Holy Virgin Mary: Women’s dignity Restored in the New Testament in Women and Religion Dignity of the woman as dignity of the human being, VERBUM Christian Cultural Association, CLUJ, 2011, p. 112.

155 were living in isolation.602 In other areas like in Rome; women were more free than in Greece but viewed as immoral people. In the Jewish society women were under the authority of their fathers and husbands but more protected as the Jewish laws favored them. In the Jewish society according to the book of Numbers chapter 27, a daughter could inherit wealth if at all there were no male heirs. This Jewish practice continues in some ethnic groups in Tanzania. In the families where only girls are born, have had the opportunity of inheriting land which is not something common in the country due to the patriarchy system.603

The Old Testament defines Eve as a “counterpart” and a companion suited or lifted especially to help man. This helper was made a joint heir with man of the mysteries of the kingdom and given the ability to “increase and multiply” through procreation. But a false interpretation of Gen 3:16, has reduced women from the high station God gave them, being made in the image of God, to creatures now afflicted with some morbid type of intense sensuality.604 That is why a better interpretation of the scriptures is needed which respects the continuous message of the Scripture on God’s justice towards the weak and its special love for them. The book of Malachi 2:13-16 comments that, domestic violence is sin and wickedness and must be stopped. Some victims feel that they cannot leave a violent marriage no matter how dangerous it is because they took marriage vows before God. Although the Bible teaches that vows to God are a serious matter, the Old Testament law in Leviticus 27:1-25 allowed vows to be annulled if they brought harm or bondage. The Bible basing on the writings of prophet Malachi 2: 13-14, shows that domestic violence violates the marriage covenant. As it says,

“You ask, “Why?” It is because the LORD is the witness between you and the wife of your youth. You have been unfaithful to her, though she is your partner, the wife of your marriage covenant.”

According to a feminist Trible; The betrayal, rape, torture, murder and dismemberment of an unnamed woman is a story the society wants to forget but are commanded to speak. It depicts the horrors of male power, brutality and triumphalism of female helplessness, abuse and annihilation. To hear this story is to inhabit a world of unrelenting terror that refuses to let women pass by on to the other side.605 Citing from the book of Judges (19: 1-30), the story of an unnamed woman and the extravagance of violence reflects a story when leaders were

602 Madalina Toader, The Holy Virgin Mary: Women’s dignity Restored in the New Testament in Women and Religion Dignity of the woman as dignity of the human being, p.112. 603 An interview made by the author to a family with 8 girls, Same- Tanzania June 2016. 604See Walter C. Kaiser Jr, Toward Old Testament Ethics, Michigan, Zondervan Publishing House, 1983, p. 204. 605 See Phyllis Trible, Texts of Terror, Literary-Feminist Readings of Biblical Narratives, Philadelphia, Fortress Press, 1984, p. 65.

156 lacking, God seldom appeared and chaos reigned among the Israelite tribes. In those days there was no king in Israel and every man did what was right in his own eyes. Such internal anarchy produces violence and vengeance, as the narratives about the tribe of Benjamin demonstrate in chapters 19-21 of Judges.606 It follows, then, that, women faced violence in a time as far as the Bible is concerned. Hence, violence and vengeance are not just characteristics of a distant pre- Christian past but they infect the community of the elect to this day. To take to heart this ancient story, then, is to confess its present reality. The story is alive and all is not well. Beyond confession we must take counsel to say never again. Yet this counsel is itself ineffectual unless we direct our hearts to the most uncompromising of all biblical commands, speaking the word not to others but to ourselves that we have to repent.607 We have first of all to come into consensus that the evil dominates our society and then try to eradicate it.

According to John and Hellen Webster; who were a far-right conspiracy theorists and authors who revived conspiracy theories about the Illuminati; it is wrong to assume that in the order of creation God established super ordination of man and subordination of women to be fixed for eternity.608 In support of their argument, Athyal, a feminist theologian; in one of the morning devotions pointed to the misuse of Genesis 2 as a religious justification of women’s subordination:-

Lord, they say that according to the creation story, woman is made out of man; she is subordinate to him. They forget that the same creation story says that, man was formed out of the ground, yet nobody will argue that man is subordinate to the ground. Moreover, man is made first and then Eve; therefore, woman is inferior to man. Lord, how would you like it if someone says that you created animals first and then man, and so man is inferior to animals?609

According to Athyal; Scripture has been distorted by a male tradition of interpreters and reinforces what is already a male bias in the culture. The equality of women and men in the Church and society is understood as both a theological and spiritual issue. Because of sin the relationship of “being one flesh” is broken. The task of the Christian community is to heal this distortion and alienation of women and men from each other and bring them to their authentic identity in interdependence and mutuality.

606See Phyllis Trible, Texts of Terror, Literary-Feminist Readings of Biblical Narratives, p. 65. 607Repentance is a radical change in thinking that manifests itself in a radical change of behavior. 608 608See John C. B and Hellen Low Webster, the Church and Women in the Third World, Philadelphia, Westminster Press, 1985, p. 93. 609See John C. B and Hellen Low Webster, the Church and Women in the Third World, p. 111.

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Due to the presence and exercise of violence against women; the Church keeps women with the specific role of evangelization. This exclusive concentration on women is justified on the presupposition that the biological differentiation of the sexes and the complementarities in the physical procreation of life, is intended by God to be extended to every human enterprise, including therefore evangelization. To support this view an appeal is made to the book of Genesis which indicates briefly but clearly the complementary nature of the two sexes.610

The Old Testament treatment of women looks discriminatory in nature. Discrimination against women was inherent in the socio-religious organization of Israel. It was a function of the system. And though this systematic discrimination did not be represented as a plot to subjugate women and thereby liberate the male ego; the system did enforce and perpetuate the dependence of women and an image of the female as inferior to the male. This is illustrated in the legal material by laws dealing with inheritance, divorce, sexual transgressions, religious vows, cultic observances and ritual purity.611 One of the chief aims of Israelite law was to assure the integrity, stability and economic viability of the family as the basic unity of society. In this legislation, however, the interests of the family were commonly identified with those of its male head.612 This is how women in the Old Testament were perceived by the laws and so today in our societies. But as far as revelation continues, and as God continues to reveal himself gradually, these discriminatory tendencies are slowly left out.

Scripture plays a big role in fighting discrimination or violence against women. The history of Susanna in the Bible is a tale about a virtuous woman who resists seduction. When the elders confront Susanna and announce that she will either submit sexually to them or face execution on the capital charge of adultery; their very real threat of force defines their action as attempted rape not attempted seduction.613 The elders led by the wisdom from the Bible, saved Susanna from that evil plan. At her trial, Susanna confirmed both her faith and her impotence.614

610 James Coriden, Sexism and Church Law, Equal Rights and Affirmative Action, New York, Paulist Press, 1977, p. 113. 611See Rosemary Radford Ruether, Religion and Sexism, Images of Women in the Jewish and Christian Traditions, New York, Simon and Schuter, 1974, p. 50. 612See Rosemary Radford Ruether, Religion and Sexism, Images of Women in the Jewish and Christian Traditions, p. 51. 613See Athalya Brenner, A Feminist Companion to Esther, Judith and Susanna, England, Sheffield Academic Press, 1995, p. 289. 614 See Athalya Brenner, A Feminist Companion to Esther, Judith and Susanna, p. 320.

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Proverbs (31) presents the capable wife as much more than simply the bearer of and nursemaid to a man’s children. She is rather the husband’s trusted partner and it was not impossible sometimes for her to have wider spheres of interest and work.615 In ancient Israel, women shared with men as members of the covenant community in worship.

Furthermore, King David’s daughter, Tamar, was the victim of domestic violence enacted in her father’s home. How unfortunate for Tamar that King David’s sons, Amnon and Absolom, were driven by pleasure and power rather than by mercy, compassion, and the desire to provide protection for their half-sister in a male dominated culture. But Amnon was consumed by his physical attraction for his sister, despite the fact that both he and Tamar knew the consequences of their behavior. Tamar says no to her brother for that cannot be done in Israel and she tells him that she has nowhere to take her shame. But he would not listen to her and being stronger than her, he violated her and lay with her as we read from (2Sam 13: 12-14). With the heart and virtue of a godly woman, Tamar made every effort on her own to live honorably, even in the domestic abuse that cost her reputation, made her a public spectacle, and ruined her life.616 Barrs, who is the founder and Resident Scholar of the Francis Schaeffer Institute at Covenant Theological Seminary and a Professor of Christianity and Contemporary Culture; argues that, Tamar is the only character in this account that comes out of this terrible story with her virtue, her strength of character, and her wisdom intact.617 But even though she is presented to us as a woman of faith, modesty, and dignity, her story is also one of absolute desolation in this life. In Tamar’s story we find a rape which combines elements of incest and domestic violence. There is a conspiracy of men aiding and abetting the perpetrator of the crime and a male conspiracy of silence after the act.

Tamar is someone whose story is still very modern: Tamar was sexually assaulted, not by a stranger, but by someone she knew. The violation took place not in a desolate remote place at the hands of a stranger, but by a member of her own family in his home. Tamar was exploited through one of her most vulnerable traits-her kindness, her culturally instilled obedience and her upbringing to take care of the other. Tamar’s stand was not respected. In fact, the end of

615 Musimbi R. A Kanyoro and Nyambura J Njoroge, Groaning in Faith, African Women in the Household of God, Nairobi, Acton Publishers, 1996, p. 45. 616See Silvia Arzt, Cornelia Brunnauer, Bianca Schartner Hrsg, eds, Sexualität, Macht und Gewalt, Anstoße für die sexualpädagogische Arbeit mit Kindern und Jugendlichen, Springer VS; Wiesbaden, Germanz, 2018, p. 122. 617 Jerram Barrs, Through His Eyes—God’s Perspective on Women in the Bible (Wheaton, IL: Crossway Books, 2009), 198.

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Tamar’s story happens without her.618 Should we conclude that violence is allowed in the Bible? We see at the end there was mourning for the perpetrator. There are many women like Tamar who need the help of the Church acting accordingly to eradicate this evil of domestic violence. What has the Tanzanian Church done in the eradication of domestic violence even when they are well informed? The efforts might be there but probably a fight without enough weapons. This is just one of the examples pertaining to sexual violence and which is hardly spoken and treated in Tanzania. Does this justify domestic violence to continue in our societies? The answer is completely no and the Church has to fight against it. 6.5.2 Domestic violence in the New Testament

Jewish community, in which Jesus was born and later ministered, had little regard for women compared to their male counterparts. As we read from Deut 24; 1-4, a woman could be divorced at her husband’s request without objections. Woman’s sphere was regarded as exclusively domestic. She was honored only as wife and mother and the inferiority of women extended. At the temple and in the synagogues as we read from 1 Tim 2; 9-15, women had no official rights and duties but had to remain silent within segregated places. Therefore, it is evident that as far as first century Christianity which borrowed heavily from Judaism is concerned; the place of women was not equal to that of men.619 But Jesus attitude towards women in the New Testament restores their dignity. Jesus acknowledges the distinct roles of both men and women which has made women’s dignity recognized.620 Jesus encountered a woman at the well of Jacob in John 4:27 and He always had "sinful women" near him. Jesus saw how women are devoted to care for their relatives and friends. Women in the world are so close to their family members especially children even at the many sufferings they encounter. It is only due to some male dominance attitudes that they are violated. Jesus compares women to his mother Mary, the new Eve who led to the restoration of the human dignity.621

Christ nowhere distinguishes between men and women as children of God and objects of his redemptive ministry. He erased all lines of superiority and inferiority between men and

618See Fred Nyabera and Taryn Montgomery (Edts), Tamar Campaign; Contextual Bible Study Manual on Gender Based Violence, Nairobi, FECCLAHA, 2007, p. 26. 619See Grace Wamue and Mary Getui (Eds), Violence Against Women, Nairobi, Acton Publishers,1996, p. 49 620 Madalina Toader, The Holy Virgin Mary: Women’s dignity Restored in the New Testament in Women and Religion Dignity of the woman as dignity of the human being, VERBUM Christian Cultural Association, p.113. 621See Madalina Toader, The Holy Virgin Mary: Women’s dignity Restored in the New Testament in Women and Religion Dignity of the woman as dignity of the human being, VERBUM Christian Cultural Association, p.114.

160 women and placed all on the same level of grace.622 An examination of the words and works of Jesus as revealed in the Scriptures substantiates this judgment, and marvelously highlights the reasons for the grateful, loyal and generously responsive love of women for Christ through the ages. Jesus defended women. For instance, as pertaining to the permission of divorce given by Moses; he described it as a concession to hardness of heart, the mosaic permission by which a man was allowed to cast off his wife by giving her a writ of dismissal. His own insistence on the indissolubility of marriage he supported not by repudiation of Moses but by quoting from an authority which predates the Mosaic Law. From Genesis he quoted that, God made them male and female and that is why a man must leave his father and mother and the two become one body.623 Despite some criticisms on Jesus, he healed women according to Mk 1: 30-31 and he allowed them to follow him and touch him as described by Lk 8:2-3. He did not lower the dignity of women or ignore them but rather welcomed them. He rejected some of the formal and very masculine teachings and laws of his day. He accorded them dignity and worth. Jesus warns men of looking at a woman with lust in Mt 5: 28 and insists that they are not instruments of sex. Therefore, for Jesus, women are to be recognized as subjects in their own right and not as objects of men desire.624

Jesus concern is supported by the writings from Ephesians 5:21-33, where it states that; all people must submit to one another out of reverence for Christ. A husband, who is self- sacrificing and motivated by unconditional love to care for and serve his wife, is not abusive. Furthermore; Jesus demonstrated his leadership (headship) in Jn 13, by washing his disciples’ feet and telling them they should be servants too. Living life as a servant is offered by Jesus to both men and women equally. Following Jesus’ teaching; in 1Peter 3: 7, wives are told to respect their husbands and husbands do the same. Both submission and respect are supposed to be mutual. In Colossians 3: 18-21 wives are told to submit to their husbands as is fitting in the Lord. This does not require her to submit to his sin. Husbands are called to love their wives and not be harsh with them. Fathers are also instructed to not embitter their children. These verses together with other pastoral letters calling children to respect their parents; can help in the eradication of violence in the family and society at large if well followed and lived.

622 Sister Albertus Magnus McGrath, What a Modern Catholic Believes About, Chicago, The Thomas More Press, 1972, p. 17. 623See Sister Albertus Magnus McGrath, What a Modern Catholic Believes About, p. 19. 624See Grace Wamue and Mary Getui (Eds), Violence against Women, p. 50.

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Jesus is taken as the first feminist who encounters women and takes them as fully people. They are trained and programmed as it is with men and both must remain united rationally and emotionally.625 In Jesus time many women excluding few like Mary Magdalena who had a kind of leadership role which is even proved in the Bible like in Jn 19: 25 and who is mentioned with many other women under the cross and of course the famous encounter within her and Jesus in the Garden in Jn 20; were not allowed to learn to read and write or have any leadership roles. They were expected just to do household chores and care for children as it is done today in most families in Tanzania. This is because their absence would make children feel lonely and miss their needs.626 In that culture, only boys were educated and allowed to follow Rabbis into their manhood. In allowing women to follow him he was sending a strong message that women were, and are worthy and capable of learning and being used in ministry. In Lk 13:10-17, Jesus healed the crippled woman on the Sabbath and accused the Pharisees of treating their animals better than their women. Many women were at the cross when Jesus was crucified, while most of his male disciples had left him as recorded by Mark 15:40-41. The importance of women is further recognized as it was a woman (Mary) in Mk 16:9, who was the first to see Jesus after his resurrection. What makes our Tanzanian society and other societies in the world today not to follow this attitude of Jesus and what the barriers in addressing the issue of domestic violence in religious settings and Congregations are, remains our challenge.627

Biblical headship does not entitle a husband to get his own way, make all the family decisions, or to remove his wife’s right to choose. At the heart of most domestic abuse is the sinful use of the power to gain control over another individual. Biblical headship is described in Mk 16:9 as sacrificial servant hood not unlimited authority and/ or power. Amid growing world recognition of the problems women face, their everyday fears, the bruises and battering they experience and the needs of their children for safety and security, we ask ourselves; where are the Churches? Why have religious groups been slow to respond to victims cries for help?628 When males abuse their power in the family it is not due to any divinely given right but rather to their nature corrupted by God’s rejection. In some cultures of the world including those in Tanzania, this corrupted male dominance and the prediction from the

625 See Elisabeth Moltmann Wendel, Menschenrechte für die Frau Christliche Initiativen zur Frauenbefreiung, Kaiser. Grünewald, München, 1974, p. 131. 626https://www.ncbi.nlm.nih.gov/pmc/articles, Accessed, 17/07/18. 627 Anne O. Weatherholt, Breaking the Silence, The Church Responds to Domestic Violence, p. 17. 628 See Catherine Clark Kroeger and Nancy Nagon-Clark, No Place for Abuse, Biblical and Practical Resources to Counteract Domestic Violence, USA, Green Press, 2010, p. 18.

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Garden of Eden is still very much in effect. The father treats the mother more or less as one of the children who must follow all his dictates.

The story of a woman caught in adultery in John 8:1-11, shows how men treat the women. The community approaches the woman with harshness and prejudice but Jesus crosses the cultural boundaries and reaches out to the victim in spite of the Jews’ expectations and belief to stone her. Bringing this woman to Jesus was part of the strategy of the teachers of the law (scribes) and the Pharisees to discredit Jesus. We note that they did not bring the man who was involved in adultery to stand before Jesus because according to the law only the woman could commit adultery in any case. A man could commit adultery only by breaking in another’s marriage. Thus in Mosaic Law the woman involved is subject to death penalty.629 What did the scribes and Pharisees wanted to see happening to the woman? Was it just punishment? The complainants are the teachers of the law; they thought that Jesus’ only options were to either say ‘leave her alone’ or ‘stone her’. The encounter of Jesus with these people proved that there are a lot of injustices which leads to violence against women.

God’s purpose is to serve all the people. Therefore the Church should help both men and women liberate themselves from the mechanisms of power and violence.630 It is obvious that God does not regard gender in the preaching of his word. He gives opportunity to everybody for that purpose. Hence, the Church is challenged to remove women from what is seen as the second set category of people in preaching the Word to the free, independent, equal and equivalent human being. This will build up a Church community in which people will find a part of themselves and their interests.631 What about the structure kept from the time of Jesus? Can we change it without affecting the Church of Christ? Can this be called the ‘democratisation’ of the Church in our times? This remains our challenge today. What we need is to make sure that justice is exercised to all the people in all angles of life.

Furthermore, God’s purpose is to deliver the abused. We are to be champions of the oppressed and abused. According to 2 Cor 11:20, God hates the abuse of power and the sin of injustice. This is reflected from the Old Testament writings where justice was understood by Israel as a fundamental aspect of the activity of God from its earliest history. This can be seen in the ancient poem, the song of Moses which says that the rock, his work is perfect and all

629Fred Nyabera and Taryn Montgomery (Edts), Tamar Campaign; Contextual Bible Study Manual on Gender Based Violence, p. 47 630See Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 143. 631 Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 144.

163 his ways are just and a faithful God, without deceit, just and upright is he.632 Moreover, when a government or (ruler) orders its subjects to do something that violates the direct commands of God such as murdering children as we read from Ex 1:16-17, then, the Government and its rulers must be disobeyed. Oppression which is directed against spiritual obligations or personal rights is condemned by God. Magistrates, rulers, employers and individuals are all challenged to desist in perpetuating such practices or else they will face the judgment of God. As God’s ministers and servants of his people, government officials are particularly liable to his wrath for failure to observe this warning.633 Now how does a Christian respond? Is keeping quiet a virtue when others who are suffering we could help? It is amazing that; all that is necessary for the triumph of evil is that good men do nothing. We must not close our eyes to the sin of injustice or the abuse of power, whether it is in a home, a Church, a working setting, or a community or a country. We should never be passive when we encounter the sin of abuse. However, because we too are sinners, it is tempting to react to abusive behavior with a sinful response of our own. The apostle Paul in Rom 12:21, cautions the Christians not to be overcome with evil, but to overcome evil with good.

THE ECCLEASTICAL CONTRIBUTION ON DOMESTIC VIOLENCE

Bible and tradition are the important tools in the learning of our relationships with God, with the neighbors and with ourselves. Through them we realize what God planned for his people and what he wants the people to do so as to have a world of peace and justice.

6.6 Tradition on violence

Women in the early Christian world enjoyed a wide range of opportunities and functions. In the primitive Church there are a number of women with significance importance as reported by Paul in his Epistles in Acts and in other sources. Women played a big role in the early church.634 It is by the end of the first century that these functions of women were undergoing the final reduction and were more improved and clearly defined. Women according to major strand of Christian Theology were to be subject to their husband’s authority and they were only to fulfill the work of helpmate. Despite the mentality and the theological thinking of the time; the great Doctors of the Church of the patristic era like St Jerome and St. Augustine

632 See Bruce, C. Birch, Let Justice Roll Down, The Old Testament Ethics and Christian Life, Westminster/ John Knox Press, Louisville, Kentucky, 1991,p. 156. 633Walter, C. Kaiser, Jr, Toward Old Testament Ethics, Zondervan Publishing House, Academic and Professional Books, Grand Rapids, Michigan, 1983, 163. 634See Charles J. Reid Jr, Power over the body, Equality in the Family Rights and Domestic Relations in Medieval Canon Law, William B. Eerdmans Publishing Company, Michigan, 2004, p. 100.

164 continued to recognize the importance of women. According to Jerome; Marcella who lived ascetic life after her husband’s untimely death becomes the great woman of the New Testament and that women must be judged according to their virtue and not basing whether one is a male or female.635 Therefore, woman is neither to dominate man nor to be his slave but to be his companion and should remain side by side as they were made. What a beautiful explanation, defense and reality from these Church fathers about women.

Clearly, Christians needed to rethink the understanding of what the Scriptures and the Fathers of the church are telling about family relationships. It is obvious that not even all the Church fathers were positive to the presence and availability of women in the societies. That is why the Church is also condemned as one of the sources of domestic violence. Some Church fathers postulated woman’s subjection to man.636 Some fathers like Tertullian defended women and placed them in the equal position as men as they willingly endured suffering following Christ their master.637 However, misconceptions have led to the tragic forms of abuse and misery that call for correction. John Chrysostom; the early biblical exegete, perceived that women are often wonderfully attuned to the concerns, needs, and emotions of those around them and have a gift of responding sensitively and sympathetically. Their gifts enable them to create an environment of care and loving support for the entire family. But abuse and brutalization deprive a wife of the ability to give freely of herself to those around her.638

Chrysostom wrote:-

For when a woman has been subjected to her husband through not willingly but through force, fear, and violence, it will be more unbearable and unpleasant than if she commands him with total authority. Why do you suppose this is? He argues that this kind of force drives out all love and pleasure. If neither love nor desire is present, but instead fear and duress, how valuable can the marriage be henceforth?' For someone can subdue a slave through fear, but even he will soon try to escape. Therefore, the life partner, the mother of your children, the source of every joy, must not be bound through fear and threats, but by love and a kind disposition.639

635 Charles J. Reid Jr, Power over the body, Equality in the Family Rights and Domestic Relations in Medieval Canon Law, p.101. 636 See Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 127. 637 See Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 127. 638 Catherine Clark kroeger, Responding to Abuse in Christian Homes, House of Prisca and Aquila series, Wipf and Stock, 2011, p, 30. 639See Catherine Clark kroeger, Responding to Abuse in Christian Homes, p. 30.

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John Chrysostom’s writings can serve as resources for the history of domestic abuse. Addressing social and economic factors that contributed to family violence; Chrysostom poignantly describes the terror of wives threatened and battered by their husbands, as well as ways in which women themselves perpetrated household violence. Chrysostom draws on classical moralist philosophy and Christian scripture to urge harmony in the household. While affirming a hierarchical model for marriage, the preacher nonetheless argues that a husband must never beat his wife under any circumstance. This has been opposite in Tanzania as already discussed in this work that, women are beaten even at the very small mistakes they commit and lowering them to the level of the other animals. Despite the limits of Chrysostom’s “reforming vision,” his condemnation of spousal violence is far stronger than that of contemporaries such as Basil of Caesarea and Augustine. He describes a battering episode so violent and severe that all the neighbors hear it and come running: “How can mere words describe what it is like when loud cries and wails travel through the alleyways, and neighbors and passersby run to the house of the one disgracing himself in this way, as though some animal were ravaging inside?” John Chrysostom’s homilies and treatises speak of and to men who inflict violence upon their wives through beatings, verbal abuse, force, and threats. Adamant that no husband should hit his wife for any reason, he exhorts husbands to rule their wives gently, without resorting to physical and emotional violence. A comparison of Chrysostom’s sermons with the writings of other Christian clerics of his time reveals a stronger condemnation of spousal violence than most of his contemporaries. Chrysostom also expresses specific concern and counsel for women who are victims of spousal violence.640

Chrysostom’s repeated admonitions to husbands not to beat their wives reveal his recognition that spousal violence was a problem among the members of his congregation. He makes reference to women enduring their husbands’ beatings, violence, and anger. He exclaims that, so many ways have been invented by men wishing to punish their wives! Particularly striking is Chrysostom’s attention to verbal and emotional violence. He criticizes men who belittle and debase their wives with insults, and he also speaks with reproach about men who attempt to control their wives through fear, force, and threats as it is done today in many parts of our world including Tanzania.641 Chrysostom seems to be aware of batterers motivated by jealousy and desire for obsessive control over their wives. Modern studies of domestic violence have found that one characteristic frequently found in abusive husbands is extreme,

640See Joy A. Schroeder, “John Chrysostom’s Critique of Spousal Violence”, in Journal of Early Christian Studies, Volume 12, Ohio, Johns Hopkins University Press, 2004, p. 413. 641 Joy A. Schroeder, “John Chrysostom’s Critique of Spousal Violence”, p. 420.

166 unfounded jealousy, coupled with a desire to isolate the wife from contact with others by monitoring and controlling her every action. This sort of situation is described in Chrysostom’s treatise On Virginity. Chrysostom offers an insightful and poignant picture of the experience of the woman whose husband is jealous without cause. Many men in Tanzania are jealous about their wives especially when they work hard and become rich. These men judge them to be prostitutes and that their wealth comes from other men who use them as instruments of sex.642 In reality these given causes for women beating have no strong foundations and it is always evil to beat the other person.

Unfortunately the Christian message about the dignity of women is contradicted by the persistent mentality which considers the human being not as a person but as a thing, as an object of trade at the service of selfish interest and mere pleasure.643 This mentality produces very bitter fruits, such as contempt for men and not for women, slavery, oppression of the weak, pornography, prostitution especially in an organized form and all those various forms of discrimination that exist in the fields of education, employment, wages and so on. The Synod Fathers deplored these and other forms of discrimination as strongly as possible. Pope John Paul therefore, asks that vigorous and incisive pastoral action be taken by all to overcome them definitively so that the image of God that shines in all human beings without exception may be fully respected.644 Men are to act as husbands and Fathers. Men should not be masters of their wives but husbands and that woman were not given to men to be their slaves but wives.

Most men have inflicted sexual violence to their partners as pertaining to conjugal rights. Many patristic fathers made the conjugal debt as a part of their theology. According to St. Augustine; marriage had three important things which are procreation, lifelong fidelity between the spouses and the sacrament sign of Christ’s union with the Church. Augustine’s argument was already in discussion two centuries before where Tertullian had argued that, chastity was the highest good although the conjugal relationship provided an acceptable outlet for those too weak to pursue a higher calling. Tertullian argues that, sexuality is something man or woman can be freed off when one of the spouses is dead or mutual renunciation of sexual relations. This mode of thinking persisted in the middle ages. According to Hincmar, a Monk; following the arguments of Augustine and St. Paul, he

642 An interview by the author made to three rich women in Same District who are now living alone due to several beatings they got as a result of their wealth, June 2016. 643See John Paul II, Encyclical Letter Familiaris Consortio, The Family in the Modern World, Nairobi, Paulines Publications Africa, 1982, p. no. 24. 644See John Paul II, Encyclical Letter Familiaris Consortio, The Family in the Modern World, no. 24.

167 argues that, marital intercourse should chiefly serve the good of procreation but it is possible that the couples might engage in “immoderate” intercourse for the sake of avoiding adultery. The question which arises here is; when the woman is not ready with this frequency need of the husband; will it not lead to violence? Patristic and the early medieval writers made clear that the highest calling was a life of chastity dedicated to the worship of God and spiritual development. Marriage was a concession to those who could not fulfill these counsels of perfection.645 All in all marriage remains very important in life. The second Vatican Council in “Gaudium et Spes” no 51 has explicitly revised the ranking of procreativity and love and kept both aims on the same level. And our current Pope Francis in chapter 4 of “Amoris Laetitia” speaks about love in marriage and is a highly innovative document for married couples overcoming the devaluation of sexuality.

Despite the fact that women are undermined in different areas of life; Women in Africa make a great contribution to the family, society and to the Church by their many talents and unique gifts. According to Pope John Paul II; woman is the one in whom the order of love in the created world of persons takes first root.646 The Church and society need women to take their full place in the world so that the human race can live in the world without completely losing its humanity.647 There are too many practices that debase and degrade women in the name of ancestral tradition. With the Synod Fathers, the Pope argues all Christians to combat all acts of violence against women, speaking out and condemning them.648 In this area, the conduct of the members of the Church ought to be a model for society as a whole.

Pope John Paul II argues that, Christ’s way of acting, the Gospel of his words and deeds, is a consistent protest against whatever offends the dignity of women. Consequently, the women who are close to Christ discover themselves in the truth which he teaches and does, even when this truth concerns their sinfulness. They feel liberated by this truth, restored to themselves, they feel loved with eternal love, with a love which finds direct expression in Christ himself. In Christ’s sphere their position is transformed.649 They feel that Jesus is speaking to them about matters which in those times one did not discuss with a woman. Christ calls all the people to value women and respect them so as to avoid violence against

645 Charles J. Reid Jr, Power over the body, Equality in the Family Rights and Domestic Relations in Medieval Canon Law, p.103 646 John Paul II, Apostolic Letter Mulieris Dignitatem (15 August 1988), 29: AAS 80 (1988), 1722. 647 BENEDICT XVI, Meeting with Catholic Movements for the Promotion of Women (Luanda, 22 March 2009): Insegnamenti V/I (2009), 484. 648See Benedict XVI, Post-synodal Apostolic Exhortation Africae Munus, Nairobi, Pauline Publications Africa, 2011, no. 56, or p. 31 649 John Paul II, Apostolic Letter Mulieris Dignitatem Dignity and Vocation of Women, no. 15.

168 them. The Church deplores and condemns all the customs and practices which deprive women of their rights and the respect due to them.650 Has the Episcopal Conference in Tanzania does something related to the fight against domestic violence in the country? This has not been directly seen and so more efforts are needed. Greater efforts are needed to eliminate discrimination against women in areas that include education, health care and employment.651

The uncontrolled culture can lead to domestic violence against women. Bearing in mind Revelation’s message which spread inspite of the vicissitudes of Christian history and cultures, about the fundamental equality of man and woman, created by God in his image and manifest in the artistic heritage of the Church; a pastoral approach to culture must take into account the profound change in the condition of women these days. In recent times some trends in the feminist movement, in order to advance woman’s emancipation, have sought to make her like a man in every way. However the Divine intervention manifested in creation, through desiring woman to be man’s equal in dignity and worth, at the same time clearly affirms her diversity and specific features. Therefore woman’s identity cannot consist in any way being a copy of man.652 The specific characteristics of both sexes work together in a mutually-enriching spousal relationship in which women are the first artisans of a more human world. In transforming culture so that it supports life, women occupy a place in thought and action which is unique and decisive. It depends on them to promote a “new feminism” which will deal with the temptation of imitating models of “male domination,” in order to acknowledge and affirm the true genius of women in every aspect of the life in the society and overcome all discrimination, violence and exploitation.653

According to “Pacem in Terris”, an encyclical of Pope John XXIII, the socio-cultural and economic development of women needs reform and hence a paradigm shift:-

It is obvious to everyone that women are now taking part in public life. This is happening more rapidly perhaps in nations with a Christian tradition, and more slowly, but broadly, among people who have inherited other traditions or cultures. Since women are becoming more conscious of their human dignity, they will not

650 John Paul II, Post-Synodal Apostolic Exhortation Ecclesia in Africa, Nairobi, Paulines Publications Africa, 1995, p. 88 or no. 121. 651 John Paul II, The Pope Speaks to Women, Letters and Addresses, Nairobi, Paulines Publications Africa, 1996, p. 7 or no. 6. 652See Pontifical Council for Culture, Towards a Pastoral Approach to Culture, Nairobi, Paulines Publications Africa, 1999, no. 15 or p. 25. 653 John Paul II, Encyclical Letter Evangelium Vitae, Nairobi, Paulines Publications Africa, 1995, no. 99, p. 104.

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tolerate being treated as inanimate objects or mere instruments, but claim both in domestic and in public life the rights and duties that befit a human person.654

This assertion presents contemporary challenges to the life and teaching of the Church. Pope John XXIII vividly captured the long oppressive structures against women and directed that it was time guided reforms addressed these issues. Women count as first and oldest of the suppressed and or downtrodden beings in this world. Although the Bible has patriarchal tendencies, one can still recognize feminine reform tendencies like in the “magnificat” as we read from Lk 9: 46-55. Mary is ultimately a symbol of the prophetic power for employment and reformation. To discover new images of Mary is a contribution to the humanization of women. Mary is perceived as a symbol of the “downtrodden” but now exalted.655 In this perspective she represents the oppressed women who must keep on with the struggle towards the attainment of their dignity in the Church and society. Equality between man and woman must be realized economically, socially and legally. In so far as the requirement of “self- realization” signifies this equal dignity of persons for the female, it deserves the complete support of Christians and of the Church.656 Speaking of the equality between men and women in a personal appeal, Pope Benedict XVI argues the people to recognize, affirm and defend the equal dignity of man and woman.657 For this reason, all acts of violence against women must be condemned. At the same time, the indispensable role of women in the life of the Church must be recognized and appreciated.

The Church is not always praised by everybody for her struggle towards domestic violence against women. There are some scholars like Ruth Muthei James; a gender relations expert in Kenya; who challenges it as far as the Church in Africa is concerned. She cites some examples where women are discriminated in the Church. She argues that, polygamy is a practice accepted in the African communities but rejected by some Christian Churches. Although the wives in question may be lawfully married by custom, the Church does not recognize their marriages. A man therefore to become a Christian, has to divorce the others and remain with one. The question remains as to what becomes of the other wives. According to the Church, if such women sought sexual satisfaction with other men, it is adultery. It

654See John XXIII, Encyclical letter on Peace on Earth Pacem in Terris, Nairobi, Paulines Publicatons Africa, 1990, no. 1, 41, p. 13. 655See Joseph Kahiga Kiruki, Women’s Liberation A Paradigm Shift for Development, Nairobi, CUEA Press, 2010, p. 82. 656 Vatican II, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, no. 9. 657 Benedict XVI, Post-Synodal Apostolic Exhortation simplified text of Africa’s Commitment Africae Munus, Nairobi, Paulines Publications Africa, 2012, p. 15.

170 seems as if they should become celibates.658 This is an issue that needs thorough theological debate and the Church has to consider it to avoid such discrimination. There are so many marriage cases which need to be solved and the quick and clear means are to be searched so as to eradicate the evil of domestic violence in the country.

THE RESPONSE OF THE CLERGY ON VIOLENCE

The clergy working in the Church in collaboration with the laity and all those who are for the Church; are to invest their efforts in the eradication of violence so as to preserve the image of God in all the people.

6.7 Church leaders towards the eradication of domestic violence

Pope John Paul’s II writes about a person. A person is more made of openness to another person that is man to woman relationship. From the time of Adam the loneliness of man was seen and God found it good to create a woman for him.659 This kind of relationship should be maintained in our societies even more through our religions. Women must be empowered as far as religion is concerned. As Meehan, who is originally from Rathdowney in Co Laois and is now based in Florida and has the position of bishop within the Association of Roman Catholic Women Priests; asserts, that the stories of Sarah, Rebecca, Martha and many others reflect not only a particular time and place, but they also deliver strong messages that reverberate across the generations that challenge and empower women in their daily lives.660 In addition to these extraordinary women, there are other women present in the Bible as showed in the Old Testament; who are voiceless and often even nameless. For example in the narrative of 2 Samuel 3:7, Rizpah is silent but her later actions and presence challenges even King David in 2 Samuel 21:8-11 and as a result, transformation takes place and new life emerges.661

The church needs to react to domestic violence with the father heart of God. If the church is to be effective, it needs to feel the pain of Habakkuk 1, 2, 13:2 when he saw the state his society was living in. Dealing with the issue of domestic violence is never going to be easy or quick. It is only the healing which comes from being right with Christ that can truly end all the hurt and pain caused by domestic violence. If it is understood that domestic violence has

658See Grace Wamue and Mary Getui, Violence against Women, p. 74. 659See Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 149. 660See James F. Keenan, (ed)., Catholic Theological Ethics Past, Present and Future: The Trento Conference, Orbis Books, Maryknoll, New York, 2010, p. 108. 661 Nyambura Njoroge, “Spirituality of Resistance and Transformation,” in Liberating Eschatology: Essays in Honor of Letty M. Russel, Louisville, KY, Westminster John Knox, 1999, p.67.

171 its roots in sin, as the Bible says, then it must be that the church has the power and authority to fight against this violence. Only the church has full access to the weapons needed for that warfare. Despite the fact that some interpretations as already seen in this work, take it as one of the sources of violence we still value and believe in the Churches efforts. This is recognized in Ephesians 6:13 which mention the weapons such as the belt of truth, the breastplate of righteousness, the readiness of which comes from the gospel of Christ, the shield of faith, the helmet of salvation and the sword of the Spirit. It is the church’s responsibility in collaboration with other institutions to take spiritual and practical measures to bring about the end of domestic violence and to offer healing to those who are hurt by it.

The clergy have the responsibility and the tremendous power to encourage and help victims heal. As clergy become educated regarding the dynamics of domestic violence, the damage to victims, and the patterns of violence exhibited by abusers, they are then able to offer wise counsel and assistance. Some of the most important things clergy can do are to listen humbly to the violated women, hear what they have experienced, and ask what they need from the church. Such a response is essential because clergy who have not experienced abuse will not intuitively recognize many of the needs of these women. Furthermore, since the violated women have been systematically devalued, demeaned, and stripped of power, it can be very affirming for clergy humbly to seek out the opinions and needs of abused women. Humility is critical here, since abuse victims have very fragile egos and tend to be filled with debilitating shame.662 They have also to give clear answers to their questions and needs so as to avoid misunderstandings:-

Once upon a time a Pastor in Tanzania told the couple that to separate from each other is impossible until one dies. The husband adhered to his advice and when they were back home; this man took a knife and chopped the head of his wife. He then went back to the pastor and told him that, he had finished the work he sent him. Today this man is still in prison. Who is to be blamed here? Is it the pastor or the man who misunderstood the pastor? In my opinion both are to be blamed and especially the pastor who had not taken enough time to talk to the couple and give a clear interpretation. This is a religious problem and speeds up the evil of violence.663

Thus, religious leaders and groups often have not adequately prepared people for the traumas that they will face at some point in their lives: illness, death, abuse, divorce, and so on. They have remained giving simple answers like; Keep the commandments and everything will be fine. Although these teachings may be fundamental to many religious faiths, alone they are

662See STEVEN R. TRACY, Clergy Responses to Domestic Violence, PRISCILLA PAPERS • Vol. 21, No. 2 • Spring 2007, p. 11. 663 An interview by the author to the woman in violence in Same town in Tanzania, June 2016.

172 inadequate to deal with the complexity of such an experience of human suffering as domestic violence. Sometimes the teachings may set up a dynamic that blames the victims for their suffering. There are words like those stating; if you are a good Christian, a good Jew, or a good Muslim, God will treat you kindly, or take care of you, or make you prosper as a reward for your goodness. If you suffer, it is a sign that you have not been a good Muslim, a good Christian or a good Jew and God is displeased with you. If one accepts this simple formula (which makes a theological assumption about God’s unconditional love being conditional), then suffering can be interpreted as punishment or abandonment by God. One should not rule out that sometimes punishment can also be the result of a sin committed by a person. The simple answer alone cannot withstand significant personal or familial suffering. When people use simple answers that prove insufficient they can feel that their faith has failed them or that God has abandoned them.664

The universal Church through its national and local levels has done some efforts to the eradication of violence as we have treated in this work. The Bishops in Tanzania are not left behind in the struggle for the empowerment of women. The Archbishop of Mwanza Thaddeus Ruw'aichi who is now the Archbishop in Dar es Salaam; called for the need to empower women on sustainable development projects to enable them improve their economic wellbeing. Speaking during the opening of four-day’s workshop about building capacity on human rights to gender and development coordinators and their assistants; He said that the empowerment of women should be based on practice rather than theory. Practice would have tangible results to bring positive impact to communities. He noted that organized groups should be proactive and independent without depending on external aid. He exclaimed that, Tanzania has abundant resources that can make women more independent and dependable.665 Tanzania Episcopal Conference Director of Human Dignity, Cassian Lushinge, reported that the essence of the workshop was to empower women on human rights. Women rights include empowerment, land ownership rights, taking part in decision making from family to national level and their involvement in socio-economic activities to uplift their living conditions. By making step in human rights developments, the evil of domestic violence will be easily eradicated.

664 See A Commentary on Religion and Domestic Violence www.faithtrustinstitute.org © 2010 FaithTrust Institute, p. 3. 665http://allafrica.com/stories/201604151153.html by Moses Matthew, Accessed, 20/03/2018.

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Conclusion

We can generally conclude that domestic violence remains in many ways something hidden in and within the Church and is not given a paramount importance by the clergy and church leaders. There are many reasons for this including ignorance and the avoidance of the material and time costs. As a result the Church minimizes the costs associated with the long- term effects of domestic violence that goes unrecognized and unaddressed.666 When a family is victimized by the violence of a family member, the Church must take measures to protect the family from danger. A “hands off” approach by clergy, Church staff and lay ministers is not effective for deterring abuse in our churches or for protecting the family members who are victims of abuse. Jesus in Mt 11: 28-29, invites and welcomes those who draw near to him by welcoming those who labor and are heavy laden and he will give them rest. He wants them to take his yoke upon them and learn from him for he is gentle and lowly in heart and they will find rest for their souls. It is critical that the Church extend that same invitation to the weary and downtrodden which includes victims of domestic violence. This work is therefore going to give out the suggestions to the Church, State and other Organizations on how to combat the evil of violence in the next chapter.

666See Steven J. Saul, the Response of the Church to Domestic Violence: A Silent or Active Voice to Broken Families, p. 94.

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CHAPTER 7 THE CONTRIBUTION OF MORAL THEOLOGY TO THE EMPOWERMENT OF WOMEN IN COMBATING DOMESTIC VIOLENCE

Introduction

In the previous chapter, we have discussed about the Church’s concern to domestic violence. We have seen that the Church is highly concerned with the human dignity and that all people deserve to live in honor. God’s purpose of creation was to make the world a suitable place for all the people without discriminating others. In this chapter, we now put forward some relevant suggestions and recommendations to the Church and society that can help in the eradication of domestic violence in Tanzania. The Church, the government and other Institutions must tackle this problem in a concrete way. We target on the development of the whole person, structures and all sectors in the country basing on the improvement of the human dignity. By improving this will make all the people work without bias to the country’s development. Development does not simply happen, neither does education occur merely by chance, nor ethics for that matter. Rather, it is human beings who make them happen, who bring them about.667 The country with well behaved and morally upright people will be free from violence. There are many things to be considered so as to eradicate the evil of violence especially education to the whole society.

7.1 GENERAL EDUCATION TO THE SOCIETY IN THE EMPOWERMENT OF WOMEN

Education in whatever form is exercised in all human societies everywhere in the world. Education in the families, schools and continue educational seminars at the places of work, is one of the great factors for the eradication of many evils in the society. This has been the case since time immemorial, for the simple reason that a human society cannot survive or prosper without providing education to its members.668 We are convinced that with the proper moral education in schools which are places of cultural initiation and places where a culture forged by Christianity is transmitted; education to women and the other members of the family including the perpetrators will help to eradicate the violence.669 Informal education to the children, formal education in schools and the Christian moral education with its ethical values

667See Gerard A. Bennaars, Ethics, Education and Development, Nairobi, EAE Publishers, 1993, p. 1. 668See Gerard A. Bennaars, Ethics, Education and Development, p. 3. 669See Pontifical Council for Culture, Towards a Pastoral Approach to Culture, Nairobi, Pauline Publications Africa, 1999, no. 30.

175 will enable the whole society in a long run to come up with the loving, caring and ultimately just society.

According to Hartmann; violence occurs in all social groups and violence is above all the outcome of lack of education and unemployment which are to be created.670 The issue of resources and violence is to be checked because violence sometimes arises due to poor resources people have, including money especially in the third world countries. For any country to develop and do away from gender discrimination, the awareness should be made to its people. The very important awareness should start from the country’s Constitution. Education about the country’s Constitution should be given to all the people. The Constitution of the country should state clearly about the rights of men, women, children and the other members of the society who are under special needs and not simply stating ‘everybody’ as our Constitution of Tanzania does. Despite some rights amendment made in the Constitution of Tanzania; the new Constitution should be clearer on the issues pertaining to women and all that which leads to domestic violence against them. For instance, it should state clearly the rights of men and women such as that of owning land. The law on inheritance of women and properties in the marriage Act of 1971 should be checked so that it may reflect the needs of women today. The Constitution should declare un-constitutional all that which discriminate and dehumanize women.671 Furthermore; the rights related to marriage should be protected by the Constitution so as to avoid discrimination especially when divorce occurs. The customary laws which seem to be the source of domestic violence should be made aware to the people and be protected or guided by the Constitution. The properties acquired during marriage should be divided equally in case of any divorce.672 The establishment of the family courts or registries through the Constitution will be so helpful, as many issues in marriage are taken as private and let women miss the opportunity to defend themselves. Awareness of the human rights through education is very important. This awareness should begin and extend to several areas of man’s life. Taking the example of America; there is the NWHP (National Women History Project) which operates in the country and it encourages discovering stories about the mothers, grandmothers, and great grandmothers to help them better understand their lives, the challenges they faced, and ultimately the present generation. Recognizing the dignity and accomplishments of women in

670See Andrea Lehner-Hartmann, Wider das Schweigen und Vergessen Gewalt in der Familie, 2002, p. 36. 671 Tanzania Women Lawyers Association (TAWLA), Position Paper on Gender Mainstreaming of the Constitution Review Process of Tanzania, p. 48. 672 Tanzania Women Lawyers Association (TAWLA), Position Paper on Gender Mainstreaming of the Constitution Review Process of Tanzania, p. 55.

176 our own families and those from other backgrounds, leads to higher self-esteem among girls and greater respect among boys and men. The results can be remarkable, from greater achievement by girls in school to less violence against women, and more stable and cooperative communities.673

7.1.1 Recognition of the human dignity

The creation of awareness must begin from realizing the human dignity. Man is more valuable than any other animals and is a moral agent.674 Human beings are special but should not use the rest of the creation only for their own interest. According to Kirchhoffer, an expert on the human dignity; human dignity is an affirmation of the worth of every human being and that nobody is to be subjected to cruel treatment.675 Some men use women as instruments and not as fellow human beings. It is to be clear that women cannot become the object of domination and male possession as declares Pope John Paul II.676 The feminist theologians struggle aims at eradicating this evil because they are convinced that women can bring hope and new image into the world where men put themselves as superior to women. There are established systems of life either by the ethnic groups themselves or by the Government which does not see violence as a great problem. The patriarchy system has entered the people’s minds to the extent of seen everything in order and without challenges. The system has lowered the women’s capacity of seen beyond that; life can go on without it. Apart from the male dominance found almost in all tribes in the country, women dependence on men has lowered their working and thinking ability and that without men life is impossible. Therefore, the perpetrators have used this powerlessness to discriminate them. They have used the same weakness to deprive them their rights. They treat their wives or partners in the ways that are not required by respect for worth of these women as persons.677

Education to culture is needed because the people in Tanzania have invested much of their time in observing their cultural values which at times limits their freedom of thought. It is as if thinking outside their cultural life is impossible. There are some cultures which marginalize women to the great extent and lower their dignity. According to Mbiti; the changes in religious, social, political and economic systems in Africa which were not realized before,

673 See http://www.nwhp.org/about-2/why-womens-history, Assessed, 7/4/2018. 674 See Göran Collste, Is Human Life Special? Religious and philosophical Perspective on the Principle of Human Dignity, Peter Lang, Bern, 2002, p. 164. 675 David G. Kirchhoffer, Human Dignity in Contemporary Ethics, Teneo Press, New York, 2013, p. 49. 676 See Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 138. 677 Nicholas P. Wolterstorff, Journey Personal Encounters in the Global South Toward Justice, Baker Academic, Michigan, 2013, p. 48.

177 has led to the awareness that there are some breaking of the human rights.678 Our people in Tanzania need to put much effort on gender studies. Feminist and Gender studies done in a critical and in a sophisticated way are rarely discussed in the Tanzanian education systems. Studies on gender identity and roles are so helpful in the awareness of violence actions.679 Pope Francis in “Amoris Laetitia” insists also on the discussion of violence for it is within it that many women are seen as useless after being used by men. They use then and discard them as useless material. Hence he argues the society to speak out and not to be silent.680 Much of violence against women and the other marginalized groups is the result of poor education on gender. Gender studies which include sex education are not given a paramount importance in Tanzania a far as taboos are concerned. The government of Tanzania today devotes its efforts on the effects and not on the cause of violence. In order to build a society without violence, the efforts should start from letting the people be aware of their rights and that violation of these rights lead to violence.

7.1.2 Training of young boys and girls

The society has to begin protecting the young boys and girls by teaching them not only the good things concerning our world but also the evil existing in it including that of domestic violence. They have to be exposed to films and different media which defend human rights. They must have books in their school curriculums which explain violence and games which show that violence is evil.681 The training of these children should be done at home where they must discuss with their parents among all on how to deal with aggressions which is part of our “Human being”. This must also be done in the primary level and in the secondary level which includes parents, teachers and all those who are working close to them. As far as children rights are concerned, right education should not be denied from them. They have to be taught about sex education. By sex education here we mean teaching the children on how to develop responsibility for their sexuality. This is of course a life-long process and the Church should accompany this process with respect and kindness. This kind of education is hardly discussed openly in schools in Tanzania. In some societies sex education is not even discussed among the adults something which increases the evil of sexual violence.682 The

678 See John Mbiti, African Religions and philosophy, p. 216. 679 Margaret A Farley, A Framework for Christian Sexual Ethics, p. 138. 680 Pope Francis, Post-Synodal Apostolic Exhortation, Amoris Laetitia, Vatican Press, Rome, 2016, no. 153. 681See Elizabeth Walcher, Das Reden über Sexuelle Gewalt gegen Frauen und Mädchen Eine Kritik des Feministischen Diskurses, p. 53. 682See Rosemarie Steinhage, „Sexueller Mißbrauch an Kindern in der Familie und seine Auswirkungen- gesellschaft Aspekte“ in Gewalt gegen Frauen, sexueller Mißbrauch von Mädchen, Wiesbaden, 1988, p. 15.

178 education system in Tanzania should insert sex education into their curriculums and be taught in fully without shame. There should be handbooks and theater scenes and they must discuss together with the actors and find solutions themselves on the acted scenes. They have to keep in the school curriculums themes which explain about violence against women and children. This will help the children from the beginning know about the evil and how to combat it.683 They have first and foremost from the curriculum to be taught about the respect of others and their own bodies. We have to keep in mind that children live alongside other people apart from their parents. They meet in families, schools, in other child-related professions, in local communities and they are generally world-wide connected. The duty to their education concern not only the scholars but all those who work with them, caring and those living with them.684

These children need education to culture and have a pastoral approach to it as part of the process of their evangelization.685 Religious education is also very important to the children alongside other secular studies. The pastoral approach needs to be communicated to boys and girls at a young age. The school curriculum686 should also be set in such a way that, it touches the moral values of the whole society including the respect for the human dignity with a special focus on women's and children's dignity. One has to remember that whatever is learnt at a tender age is likely to remain until adulthood. Boys need to be educated and informed that they are never superior to their fellow girls. They need to be taught that women are to be respected and treated with dignity as men and that what they see done against their mothers at homes, is wrong. Young girls, too, need to be trained to know that they are not inferior to their male counterparts. Good relationships must be encouraged and strengthened in them and that in every activity, thought, word and attitude is important to make sure that there is friendship or unity. This is the harmony that must be sought in life; it must be cultivated and carefully respected if life is not to be harmed.687

683 Karin Spacek, „Gewalt gegen Frauen-zur Bedeutung des Opferschutzes“ in Curriculum Gewalt gegen Frauen und Kinder, Wiener Krankenanstalten, Ein Handbuch, Stadt Wien, 2005, p. 18. 684See John Wall, Children’s Rights Today’s Global Challenge, p. 4. 685 Pontifical Council for Culture, Towards a Pastoral Approach to Culture, no. 38. 686 According to Jack Green Okech and Hugh Hawes, Reading in Curriculum Development in Primary Schools, Nairobi, Kenyatta University Press, 1986; Curriculum is defined as all goal-directed activities that are generated by the school whether they take place in the institution or outside it. Some of the components of the curriculum are: aim and objectives, the curriculum plan, teaching methods and learning activities, learning materials and evaluation. 687 See Laurenti Magesa, What is not Sacred?African Spirituality, Nairobi, Acton Publishers, 2014, p. 27.

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Tanzania in the late 1970s had a good system of informal education. Many if not all parents regarded a child of another person as his or her own child.688 But due to the growth of individualism and the economic differences, the tradition is almost gone and a lot of troubles arise today. This habit of leaving the work of education to the few should be stopped so as to give enough room for the education of these children. The relationship between a teacher and a child should not differ from that of parents and children. The accountability exists when there is a relationship in which the teacher, his or her task performance, and his or her functions are in accordance with the consumers’ expectations who are the parents and children themselves.689 When this relationship is maintained in the field of education, the life of the now and future Tanzanians will be released from the evil of violence. The children’s exchange of what they get at homes to those they receive at schools, will help them to judge and take a right path as adults unless the whole system is corrupted.

7.1.3 Family and Moral Formation

According to Bansikiza, a priest and moral theologian; Moral formation may be taken to imply an internalization of moral norms and values, giving rise to intrinsically motivated conformity of personal behavior to moral norms and values.690 Most families in Africa encounter some crisis including the evil of domestic violence due to lack of moral formation. According to Tropman, an expert in social works; Family connection can be both helpful and oppressive where women suffer the most. Family can justify foolish sharing of resources or tolerance of abuse.691 Some of the abuses can be caused by the poor selection of a husband or wife. That means, taking a wife or partner whose behavior does not match at all with the other. From this kind of choice, violence can easily arise and affect the family and the society at large. We have seen that, the evil of domestic violence is hardly spoken and reported in the country. When needed to be aired out, well selected methods are to be used. Pope John Paul II saw that there are things which really need courage and truth before they are reported. To air them out, one needs a well formed conscience which is the only witness, since what takes place in the heart of the person is hidden from the eyes of everyone outside.692 The question

688https://www.tandfonline.com/doi/abs/10.1080/1743727X.2011.609551?src=recsys&journalCode=cwse20, Accessed, 18/07/2018. 689http://journals.sagepub.com/doi/full/10.1177/2158244017725795, Accessed, 21/03/2018. 690 Constance Bansikiza, Restoring Moral Formation in Africa, Eldoret, AMECEA Gaba Publications, 2001, p. 6. 691 See John E. Tropman, The Catholic Ethic and the Spirit of Community, Georgetown University Press, Washington, 2002, p. 52. 692 John Paul II, Encyclical Letter Veritatis Splendor The Splendour of Truth, Nairobi, Paulines Publications Africa, 196, no. 57.

180 stands; if they continue hiding the truth about violence, will the evil be eradicated? The answer remains true that, without transparence and truth, all will be in vain. The decline of the moral values in many families lies on one side on the quietness of the abused and on the other side the other witnesses. According to Pope Paul VI; the value of the family in Africa lies on the environment in which man (and woman) is born and acts, in which he (she) finds the necessary protection and security.693 The family has to an extent lost the values of being the backbone of the community. Such deterioration does not enhance the moral formation of individuals and communities to develop as mature, moral and responsible persons. The families today are living at a time where there is a breakdown of morality. Their moral lives must be cultivated by all means. It is the right time now to educate the children in schools. It has to be done also in the Churches so as to cultivate their spiritual life by participating in liturgical celebrations which will make them enter deeply into God’s purpose of creation.694 Tanzania with its 34 Dioceses has the tradition of conducting children assemblies’ ones a year in almost all the dioceses. They also meet ones in a year in a general assembly which takes place in a selected diocese. In the Catholic Diocese of Same where the author resides, the children local assembly is yearly observed.695 When these children get such education, the reduction or the complete eradication of violence is foreseen. The restoration of the moral formation will help to prevent more occurrence of the violence against women and other members in the country. This work of restoration should begin from the families because a family is the first and vital cell of society and therefore requires formation of its children.696 Therefore, more catechesis697 to parents is needed because the parents’ ministry of evangelization and catechesis ought to play a vital role in their children’s lives, also during adolescence and youth.698 The family is the school of love and faith which is extended to

693 Paul VI “Message to all Peoples of Africa”, no.10 in Gremillion Joseph ed., The Gospel of Peace and Justice, Maryknol, Orbis Books, 1976, p. 420. 694See John Lukwata, Intergrated African Liturgy, Nairobi, Cuea Press, 2003, pp. 128-129, 145-146. 695 Diocesan Assembly for the Diocesan children gathers every year in Same-Bishops House. This takes three or four days and they conclude by having a final mass preceded by the procession from the Bishop’s House to the Cathedral where the mass is normally celebrated. These children comes from all Parishes and they exceed thousand children something which makes the whole Same town where the procession pass through be motivated and see the need of such a congregation for the now and the future generation. 696 Second Vatican Ecumenical Council, Decree on the Apostolate of the Laity Apostolicam Actuositatem, no. 11. 697 According to the Apostolic Exhortation Catechesi Tradendae, no. 63; Catechesis is placed firmly within the Church’s mission and notes that evangelization is a rich, complex and dynamic reality which comprises essential but different moments. It is one of these moments a very remarkable one in the whole process of evangelization. Is that moment which corresponds to the period in which conversion to Jesus Christ is formalized and provides a basis for first adhering to him. It is initiating the hearers into the fullness of Christian life. 698 John Paul II, Encyclical Letter Familiaris Consortio, Nairobi, Paulines Publications Africa, 1982, no. 53.

181 everyone by learning different matters in life. Women in these families are to get chance to explain the evil of violence they face to their relatives and other women outside who have perhaps faced the same evil and help each other on how to eradicate the evil.699 Women Catechists who are present in Tanzania can in a better way take the opportunity of teaching the women above all about the evil of violence. This will help more in the eradication of violence.

The family plays a very important role in the personality of all the members including the youth. According to the Second Vatican Council in “Lumen Gentium”; the Church at different moments has been referred to as a domestic Church.700 Parents at homes need to have the Church’s spirit of teaching and practicing the good works. Parents need to appreciate their role as the best teachers since the youth’s childhood. Parents are the first people whose children come into contact after birth and grow under their directions.701 Therefore women are to learn not only world life subjects but also theology so as to have a good knowledge on the Scriptures. This learning is hardly done in Tanzania. The learning will help them teach well their children and the society at large.702 It is obvious that, the tender and loving heart of a woman promotes the social and ethical dimensions which deals with human and spiritual relations even more than men do.

The problem of violence can be eradicated if the parents will be a good model to their children. The growth and development of the youth is grounded from their childhood. From Erikson stages of development as already seen in chapter three, when a step is not well followed; then life can be difficult in one moment of their adulthood. Second Vatican II states that, education of children should be such that when they grow up they will be able to follow their vocation and choose their state of life with fully consciousness and ability to observe the responsibility.703 Poor informal and formal education will lead to the poor choice of life which can as well lead to the emergence of many violent families.

699 Ulrike Teubner, „Die Situation von vergewaltigten Frauen welche Maßnahmen sind erforderlich?“ in Gewalt gegen Frauen Vergewaltigt, Wiesbaden, 1988, p. 7. 700 Second Vatican Council, Lumen Gentium, no. 11. Domestic Church means that there should be found in every Christian family the various aspects of the entire Church. Furthermore, the family, like the Church, ought to be a place where the Gospel is transmitted and from which the Gospel radiates. 701 John Paul, Letter to Families, Nairobi, Paulines Publications Africa, 1994, no. 6. 702 See Rita Perintfalvi, ed., Women and Religion, Dignity of the Woman as dignity of the Human Being, p. 139. 703 See Second Vatican Council, Lumen Gentium, no. 52.

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7.1.4 Free and reliable education

The family in collaboration with the government and other Institutions must struggle in the education of the children. We have seen that most of the families in the country are poor and cannot afford taking their children to private schools where the payment is high. Thus, the government seen this important issue, it came up with some resolutions. In November 27, 2015 the Tanzanian government issued Circular 5 which implements the Education and Training Policy of 2014 and directs public bodies to ensure that primary and secondary education is free for all children. This includes the removal of all forms of fees and contributions.704 With the introduction of free education, it has gone beyond its Constitutional obligation to provide free, quality primary education and brings Tanzania in line with the target of Sustainable Development Goal 4, which requires States to ensure that everyone “completes free, equitable and quality primary and secondary education”. But the quality of this free education is a great challenge. As pertaining to the schools final results, the government schools take the last positions leaving the private ones at the top. The government should invest more on their schools by having more formed and committed teachers so as to meet their goals of quality education. Together with this, they should make sure that all teaching equipments and good environment for teachers including housing are well set. All in all, the introduction of free education has made even those children who would never attend schools due to poverty, get it now. The directive shows that children in Tanzania will enjoy eleven years of free schooling. According to the government expectations, the abolition of school fees at the secondary level will increase enrolment and attendance, as occurred in 2002, when primary education was made free and the primary net enrolment rate jumped from 59% in 2002 to 94% in 2011.705 Quality education acts as a solution to the eradication of violence in the families.

The same education is to be given in the technical schools. The educational system in Tanzania differs from that given in other developed countries. In Europe and America, children are taught and helped to develop their skills and talents which they show from the beginning. If a child shows to be a player, musician, artist and many others; are then trained in that field. Their curriculum is arranged to suit the needs of the children with their different skills and talents. The early ages are for the children for instance in Finland, a creativity

704See http://www.right-to-education.org/news/tanzania-implements-free-education-policy-secondary-education, Accessed, 21/03/2018. 705See http://www.right-to-education.org/news/tanzania-implements-free-education-policy-secondary-education, Accessed, 21/03/2018.

183 period and when they begin the first class at the age of seven, their skills are already seen and can easily be developed.706 Our education system in Tanzania base only on theory until one finishes the secondary school. It is only after such a stage one can attend the Universities when there is a possibility. Many of those who fail to join these Universities turn to technical schools where they learn some skills. This has led to the deterioration of youths’ life and ultimately finds themselves in violent situations. This violation faces mostly the girls, as they find themselves in early marriages. It follows without saying that, the educational system in Tanzania especially concerning the technical schools, must be considered.

Despite the poverty facing many people in Tanzania, most of the educated people, need only white color jobs. Most of them take the other jobs and business as belonging to the illiterate people. Despite the presence of many educated youths, there are not enough job opportunities for them. They must therefore learn to create personal jobs as a solution to the problem. The Church, the government and the other Institutions should devote their efforts in such kind of education. There is in the country today the policy basing on the establishment of many industries so as to employ the youth and other people. The Government tabled its 2017/18 fiscal year budget estimates to the Parliament and it was passed for that matter. The budget shows that 62% which amounts to 19.7 trillion Tanzania shillings will be for recurrent expenditure, while the remaining 38% amounting to 11.99 trillion Tanzania shillings will be dedicated to development especially in the industrial sector.707 When this matures employment opportunities will be created.

7.1.5 Formation of Christian Conscience

Conscience has been described as a certain faculty of the human mind which helps one to realize what is good and bad in his/ her own conduct.708 A function attributed to conscience is the application of general moral norms and even specific moral instruction to individual actions. According to the Vatican council, man is described as having a law in him. Deep within his conscience man discovers a law which he has not laid upon himself but which he must obey. This law is inscribed in him by God. There is a voice within him which calls him

706 https://www.theguardian.com/education/2016/sep/20/grammar-schools-play-europe-top-education-system- finland-daycare, Accessed, 18/07/2018. 707www.cti.co.tz/budget-20172018, Accessed, 21/03/2018. 708 See Richard N. Rwiza, Formation of Christian Conscience in Modern Africa, Nairobi, Paulines Publications Africa, 2001, p. 97.

184 to love, to do good and avoid evil and this must be done at the right moment. It tells him ‘do this, shun that.709 This law found in every man must be cultivated.

Like Christians who lived during the time of Alphonsus Maria de Liguori, the “father” of Moral theology; who struggled with extremes of “probabiliorism” and “probabilism”710 when it came to moral choices; Christians in Tanzania face a struggle in making moral choices in trying to apply either Christian values or cultural values. In trying to solve the dilemma, Christians in Tanzania should be helped by what Alphonsus termed as the dignity and primacy of a properly formed Christian conscience.711 Admittedly Mahoney, a theologian argues that, ignorance can be corrected in formation of Christian conscience.712 Formation of Christian conscience focuses on the importance of the subject or the acting person as a moral agent. In a Scripture-oriented approach, conscience is seen as the sanctuary of a person where one is alone with God.713 Conscience formation as a way of awakening the society to do the right thing is to be taught to our society in Tanzania. It must be noted that, the formation of conscience binds all the people not only Christians. Christians are bound by Christian conscience and the others must listen to the law inscribed in their hearts by the creator. Lack of properly formed conscience leads to conflicts in the society and many are affected including women. One of the most critical issues affecting women including those in Tanzania is how to harmonize the combined demands placed upon them as mothers, wives and workers.714 As far as the Catholic Church is concerned; Training of many Catechists can help to facilitate these teachings because they are many in number as compared to priests and they can easily contact the believers. In order to have a sufficient number of suitable catechists for the communities, besides a careful selection, it is indispensable to stress on the

709 See Vatican II, Gaudium et Spes, no. 16. 710 Alphonsus Maria Liguori is the Patron of Catholic Moral Theology and introduced innovatory elements in Catholic Moral Theology. “Probabiliorism” was a school followed by rigorists who stressed that salvation could be secured only by perfect obedience to the moral law objectively revealed by God. “Probabilism” was a school followed by laxists who stressed much on human freedom to such an extent that it always took precedence over the law. 711 Vimal Tirimana, “Needed Theologian like St Alphonsus, Patron of Catholic Moral Theology”, in Vidyajyoti, Journal of Theological Reflection, Vol. LX, August 1996, no. 8, pp. 534-548, p. 540. Alphonsus Maria de Liguori defines Conscience as the practical judgment or a verdict of the reason through which we judge that which must be done or that which is evil and which must be avoided. 712 John Mahoney, The Making of Moral Theology: A Study of Roman Catholic Tradition, Oxford, Clarendon Press, 1989, p. 193. 713 Richard N. Rwiza, Formation of Christian Conscience in Modern Africa, Nairobi, Paulines Publications Africa, 2001, p. 97. 714 Richard N. Rwiza, Formation of Christian Conscience in Modern Africa, p. 19.

185 training to which the quality cannot be compromised.715 Schools in Tanzania and other learning institutions should begin Ethics lessons basing on conscience and those which have already begun, continue teaching their people on conscience formation. This should of course be done in full freedom because one can never gain responsible Christians by forcing them to follow Church’s rules. The one teaching this must find a way of teaching the people that which respects their reason and freedom.

The well formed conscience will let the people be attached to God. The attachment and personal relationship to God through others will help a lot in the eradication of domestic violence. In dealing with domestic violence Catholic women are required to meditate on Luke 1:46-55, where there is feeling of God’s favor and liberation of the oppressed. Mary is the prototype of every Christian disciple. She is of low estate as she rejoices in the savior and proclaims God’s victory. According to Fischer, an expert on religion and culture; Women in a strange land and especially those who face violence may find solace in singing together with the Blessed Virgin Mary.716 Women are argued to disagree with all forms of violence against them. Today these women have to say that they will disown those who own them and they will respond with laughter to those who know the nature of a woman. The rule of male over females must come to an end and objects will become subjects who win their own and better right.717 Women in Tanzania should continue entrusting their lives to God who is the solution to everything but this should go with their struggle towards the rejection of violence. According to John Paul II; these women have to join in a family prayer offered in common, husband and wife, parents and children together. Family prayer has for its very own object, family life itself.718 Joys and sorrows, hopes and disappointments mark God’s intervention in the families’ history. Should women efforts only in prayer help them avoid the violence? More must be done, for prayers go with other efforts which must be blessed by God so as to shun the evil. Pope Francis in “Amoris Laetitia” has so many suggestions for Christian families. He insists among all on some Pastoral Perspectives in Chapter Six no. 199 onwards of his Apostolic Exhortation which helps a lot towards the eradication of violence.

715 Congregation for the Evangelization of Peoples, Guide for Catechists: Document of vocational, Formative and Promotional Orientation of Catechists in the Territories Dependent on the Congregation for the Evangelization of Peoples, Nairobi, Paulines Publications Africa, 1993, no. 19. 716 Clare Benedicks Fischer, Betsy Brenneman and Anne McGrew Bennett, Women in a Strange Land, Philadelphia, Fortress Press, 1975, p. 80. 717 Clare Benedicks Fischer, Betsy Brenneman and Anne McGrew Bennett, Women in a Strange Land, p. 80. 718 John Paul II, Encyclical Letter Familiaris Consortio The Family in the Modern World, no. 59.

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7.2 TANZANIA AND THE DUTY TO ERADICATE VIOLENCE

Social relationships in Tanzania as it is to some other countries are a problem as regarding the daily-today life. Violence against women is exacerbated by social pressures. These are such as the shame of denouncing certain acts that have been perpetrated against women, women’s lack of access to legal information, aid or protection, the lack of laws that effectively prohibit violence against women and failure to reform existing laws. The teaching of Pope John Paul II’s Encyclical Letter “Familiaris Consortio”, regarding the role of public authorities to promote awareness of, enforce existing laws, the absence of educational and other means to address the causes and consequences of violence; is very important. Moreover, basing on the Beijing Declaration 719 we suggest that, Tanzania should establish enough offices which will directly deal with women’s rights and counseling. These offices must have well versed and informed men and women who can listen and solve their problems. The number of women should exceed that of men because fellow women can know more of their problems. It is a fact that there are some people in the country who do not read or even want to hear about the declaration but we have to bear in mind that, by all means we cannot avoid this kind of discussion. Although there are several organizations dealing with women development in Tanzania for instance in the Catholic Diocese of Same;720 very few are dealing directly with violence against women. The diocese of Same has established an office which deals with women in its two districts of Same and Mwanga. It has always been supportive to its people in recognizing women’s rights through the initiative of different organizations such as WID or GAD.721 Development should be integral that is, must promote the good of every person and the whole person as some of these institutions have done regarding women.722 Tanzania should imitate the legacy of Mother Teresa in terms of institutional and diverse charisms continued and gave rise to missionary societies for the development of the people.723 The office dealing with such activities has to focus on the services which go beyond gender, race, faith and class and mostly on the eradication of domestic violence against women.

719 Fourth World Conference on Women, The Beijing Declaration and the Platform for Action, p. 75. 720 RC-Women empowerment, Grants provision, Training, Supporting income and UWT SAME- Self- generating projects, research on GBV, training on constitutional review and others. 721WID means Women in Development. This emerged in the early 1970s, highlighting in particular a dominant strand of thinking within WID that sought to make women’s issues relevant to development by showing the positive strategies between investing in women and reaping benefits in terms of economic growth. GAD refers to Gender and Development. Gender is being used by researchers and practitioners in a number of different ways. 722 Pope Paul VI, Encyclical Letter Populorum Progressio, Nairobi, Paulines Publications Africa, 1990, no. 14. 723See Joseph Kahiga Kiruki, Women’s Liberation A Paradigm Shift for Development, Eldoret, AMECEA Gaba Publications, 2010, p. 84.

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7.2.1 The practicality in eradicating violence in the country

Tanzania through its Government and Non-Governmental Organizations is good at planning and holding meetings on the issues pertaining to women and children although they mostly remain in theory due to different challenges they encounter. Already plans from 2011-2015 and 2016-2021 are established. As pertaining to the Non-Governmental Organizations; More than 110 women’s rights organization members of the “Wanawake na Katiba” that is, Women and Constitution coalition were convened. The intention was to harmonise and unite their endeavours to promote a joint platform on key human rights and gender justice principles in the constitutional review process and the draft constitution. This included representatives from the Tanzania Mainland and Zanzibar. Apart from raising awareness on the first report of the Constitutional Review Commission, the Women Coalition members also reached a consensus on key issues related to women and girls on issues of sexual and reproductive health and rights, and the proposed legal language.724 But all these efforts go with many challenges as far as practicability is concerned. Unfortunately these efforts have not included the Church in fully which could on one side give its suggestions on the matters pertaining to women and violence. There have been the establishment of Gender and Children’s desks in 2008 which amouts to 417. Introduction of specific Register for Gender Based Violence (GBV) and Violence Against Children (VAC) recording (on trial basis in six regions Kilimanjaro, Dodoma, Iringa/Njombe, Mbeya, Dar es Salaam, Mara/Tarime Rorya), is another achievement till the introduction of these processes.725 The Government through the Ministry of Health had issued GBV Medical Management Guidelines in the health sector and disseminated in all health district facilities in 2013. Despite all these efforts, there has been many challenges such as lack of safe Houses for victims/survivors of GBV which hinder reporting by victims/survivors. The lack of safe places has also led to the withdrawal of cases and settlement of cases out of Court due to discouraging Court decisions and time spent in Court and above all, lack of effective Refferal system for GBV cases.

These efforts we see in recent years had already begun in the past. Tanzania as a country through the University of Dar es Salaam had started dealing with issues of gender balance in education since 1970. In 1974 the government passed a policy that required all form six levers to work for two years after the one year national service training before joining 3rd

724 Ministry of Health, Community Development, Gender, Elderly and Children, Review of a National Plan of Action for the Prevention and Eradicating of Violence against Women and Children (2001 – 2015), Dar es Salaam, 2016, p. 7. 725 See Ministry of Health, Community Development, Gender, Elderly and Children, Review of a National Plan of Action for the Prevention and Eradicating of Violence against Women and Children (2001 – 2015), p. 10.

188 level education that is Universities. The UWT (Women association) branch at UDSM fought for exemption of girls from waiting the two years before joining University education. Thus in 1975, girls joined immediately after the national service.726 The early 1980s saw a sprout of women and gender groups at UDSM mostly concerned with research issues, legal support services to women from the public at large, health education and support services as well as children welfare for UDSM staff. This fight made many girls excel and know more about their rights. But why is violence still a problem? Has the efforts hindered by people or the environment they live? It is not simple to answer these questions but the struggles are more required so as to eradicate the evil of violence.

These efforts did not remain within the University of Dar es Salaam but were picked up by other Organizations. The Catholic Church especially in Same Diocese followed the University footsteps. It has now several girl schools such as Kandoto, Mother Teresa of Calcuta, Kilomeni, Kindoroko girls and Chanjale / Same seminary which is a core education school. These schools have been training girls on how to know themselves and encouraging them that, they too can perform well as boys do.727 The other dioceses have done the same and we see a lot of improvement in the awareness to the girl child and defense of their rights as girls and women. What I realized in these schools as a teacher in Ethics, is the absence of ethical teachings. We therefore call upon those concerned in the Diocesan education offices to add more teachings on ethics where among all human dignity will be taught. From these schools, some of them can become teachers to the society in one way or another and join the Pope who addresses women as teachers in the society.728 We hope that greater involvement of women in education will lead to a qualitative leap in the educational process itself and help in the eradication of violence in collaboration with the others.729 This will also led to the empowerment of women starting from the ground level. Pope Francis in “Amoris Laetitia” insists on the education in the families where we learn to live as one.730

7.2.2 Practical Formation of Priests and other religious leaders

The question of the eradication of domestic violence in Tanzania concerns all the people. It includes the government, the non-governmental Organizations and all religions without

726 Verdiana Grace Masanja, Structural Changes and Equal Opportunity for All, A Case Study of the University of Dar es Salaam, Nairobi, 2001, p. 2. 727 The Catholic Diocese of Same, Bishops Office, June, 2016. 728 See John Paul II, The Pope Speaks to Women Letters and Addresses, Nairobi, Pauline Publications Africa, 1996, p. 30. 729 See John Paul II, The Pope Speaks to Women Letters and Addresses, p. 30. 730 Pope Francis, Post-Synodal Apostolic Exhortation, Amoris Laetitia, Vatican Press, Rome, 2016, no. 194.

189 exclusion. It is obvious that the Bible and the Koran are against violence of any kind but these evil continue existing in the Churches and Mosques.731 It is therefore their duty to put much effort in the eradication of violence. The bible and Koran have and at times do not have the direct mention of violence but there are a lot of verses about injustices which mean the same and it is only the versed theologians can help.732 Therefore, as far as moral theology in the empowerment of women is concerned; in the Catholic formation of priests, more teachings on women should be added so as to gain more experience in dealing with their problems. From the Catholic beneficiaries the education can reach the others.

Domestic violence against women needs counseling. Pastoral counselors need to take it seriously. A pastoral counselor should be caring, open, flexible, trustworthy, honest, courageous, patient and sensitive.733 Furthermore, personal maturity and a balanced spirituality stand out as the most important qualities of a pastoral counselor. He has to develop Christ-like attitude that is moved by pity for people’s conditions, taking the initiative in reaching the people and have feeling for people.734 This brings us to the importance of priestly formation which among the many things they are to be aware of, is counseling. People may at times not come directly to them for advices, but they come to them as priests for confession whereby the duty of counseling is involved. The confessor should keep in mind the example of the Lord who is capable of reaching down to every prodigal son, to every human misery and above all to every form of moral misery to sin.735

According to Canon Law, those who intend to become priests in the Catholic Church, undergo a period of formation of at least four years. Canon 235.1 states that, young men who intend to become priests are to receive the appropriate religious formation and instruction in the duties proper to the priesthood in a major seminary, for the whole of the time of formation or, if in the judgment of the diocesan Bishop circumstances require it, for at least four years.736 In Tanzania today a Diocesan candidate for priesthood must take (9) nine years after the secondary education. They have a formation year, then three years philosophy which are followed by four years of theology and lastly a pastoral year which brings one to diaconate

731See Hamideh Mohagheghi and Klaus von Stosch, Gewalt in den Heiligen Schriften von Islam and Christentum, Ferdinand Schöningh, Paderbon, 2014, p. 91. 732See Hamideh Mohagheghi and Klaus von Stosch, Gewalt in den Heiligen Schriften von Islam and Christentum, p. 81. 733See Benjamin Kiriswa, Pastoral Counselling in Africa an Integrated Model, p. 68. 734 Benjamin Kiriswa, Pastoral Counselling in Africa an Integrated Model, p. 70. 735See Pontifical Council for the Family, Vademecum for the Confessors Concerning some Aspects of the Morality of Conjugal Life, Nairobi, Paulines Publications Africa, 1997, p. 17. 736See also in Second Vatican Council, Optatam totius, Vaticana, Libreria Editrice Vaticana, 1965, no. 1.

190 and then priesthood. But yet dealing with the problem of domestic violence against women in the Church of Tanzania has not taken root properly. We have seen that these issues are hardly revealed out by those who face the violence. That is why we insist on the special education about women during priestly formation where one can easily understand them without much questions. The major seminaries have a subject on marriage in the Canon Law but the teachers have not just to remain there but go beyond and teach on how to deal with women problems who are mostly the active members in the Churches.

Therefore, according to Magesa, a priest and an expert in African religion; forming priests in the century, cultic spirituality is not enough.737 There is need to form priests who will be well prepared to read the signs of times correctly and righteously and interpret issues in the present context guided by Scripture and Tradition. Priests are encouraged to responsibly live political spirituality which is understood as the search for the common good, the promotion of justice and rights, the denunciation of corruption and violence to human dignity.738 Priests are called to a prophetic responsibility, to be God’s mouthpiece in situations of oppression like violence against women and other evils connected to it. The 1971 General Synod of Bishops argued that; the Gospel message contains a demand for justice in the world. This is why the Church has the right, indeed the duty, to proclaim and work for justice on the social, national and international level and to denounce instances of injustice.739 The ancient Roman jurist Ulpian; explained about justice as rendering to others what is due to them which characterizes the relationship.740 The subject on the principles of justice is very important during the priestly formation.

Priests are encouraged to fully embrace Christian values, and let go cultural values including dominance over women which are not in line with Gospel values.741 These Christian values are to be fully imparted when catechizing people without compromise. John Paul II in “Pastores Dabo Vobis” teaches that, when forming priests, much focus should be directed on

737Cultic spirituality is a form of spirituality where a person is only involved in spiritual affairs, and often not concerned with social, cultural, economic and political affairs. 738 Laurenti Magesa, “Forming Diocesan Priests in Contemporary Africa”, in Ignatius Anoonekwa Tambudzai and Chikere Crescent Ugwuanyi (eds.), The Priestly Ministry in Africa: Reflection by Seminarians and Priests,, Nairobi, Paulines Publications Africa, 2011, pp. 49-59. Also in Richard N. Rwiza, Formation of Christian Conscience in Africa in Modern Africa, p. 128. 739 Synod of Bishops, on Justice in the World Justitia in Mundo, 30 November, 1971, Acta Apostolicae Sedis 63, 1971, no. 6. 740See Nicholas P. Wolterstorff, Journey Personal Encounters in the Global South Toward Justice, Baker Academic, Michigan, 2013, p. 42. 741 Benard Musondoli, “What kind of Priest do we need in Africa”, in Ignatius Anoonekwa Tambudzai and Chikere Crescent Ugwuanyi (eds.), The Priestly Ministry in Africa: Reflection by Seminarians and Priests, Nairobi, Paulines Publications Africa, 2011, pp. 104-113.

191 human formation, on which everything builds up, making one able to distinguish right from wrong.742 Besides the period of formation, canon 279 recommends on-going formation of priests every year for at least one week at the Pastoral Training Centre on any matter that concerns the teaching of the Catholic Church after reading the signs of times. Is this done in many dioceses? We will find this hardly done due to the said lack of priests and many jobs which occupy the few who are present. The on-going formation to the priests should not be overlooked out of the reasons mentioned. It is to be given a paramount importance for their successful ministry. Clearly then, the possibilities for formation and the different kinds of formation are connected with the variety of ages, conditions of life and duties one finds among priests.743 Thus, ongoing formation is of great importance and this makes the clergy responsibility more effective.

7.2.3 Clergy’s Responsibility on Violence

Good formation of candidates to priesthood exposes them to their important responsibilities as clergy. As clergy they must teach among all that, violence against women breaks the fifth commandment.744 It also breaks the new commandment of Jesus which is in fact a deepening of the Decalogue. It is also a sin745, a crime and a serious social problem. Violating someone is a preliminary stage of killing him or her. Since pastoral workers are often among the first people to be contacted by an abused woman, there is a significant opportunity for them to do real good or real harm.746 Harmful approaches can be uninformed, premature reconciliation, silence and misuse of the scriptures. Pastoral approaches to those violated are very important such as taking the woman seriously when she discloses abuse and avoiding sentimental clichés. There is a need for pastors to be well informed of the available community resources, being ready to deal with the profound spiritual questions that arise concerning the woman’s relationship with God, her worth and dignity as a person. They should also create a parish atmosphere where clergy and laity can discuss the question of violence against women

742 John Paul II, Apostolic Exhortation Pastores Dabo Vobis, Nairobi, Pauline Publications Africa, 1992, nos. 42-49. 743 John Paul II, Apostolic Exhortation Pastores Dabo Vobis I Will Give You Shepherds, Nairobi, Paulines Publications Africa, 1992, no. 76. 744 You shall not kill. “You have heard that it was said to the men of old, You shall not kill and whoever kills shall be liable to judgment”. But I say to you that everyone who is angry with his brother shall be liable to judgment; The Catechism of the Catholic Church, no. 2257. 745Sin according to The Catechism of the Catholic Church, no. 1849, is an offence against reason, truth and right conscience; it is failure in genuine love for God and neighbor caused by perverse attachment to certain goods. It wounds the nature of man and injures human solidarity. It has been defined as an utterance, a deed or desire contrary to the eternal law. 746 See Brian Ogawa, Family Violence and Religion, An Interpretation Resource Guide, p. 236.

192 openly and sensitively in homilies and in other forums and offer concrete support.747 This will help much especially the abused women who fail to go to the Parish for help due to fear of the environment and at times insecurity. Compassionate and just responses to women who are victims of violence are quite helpful. But long-term strategies for prevention are critical.

The Church which is comprised of the clergy and the laity under their Bishops are to provide catechetical programs that teach the equality of all persons. There should be the development of marriage preparation programs in the diocese that focus on the fundamental equality of men and women. There should be intentional effort to avoid sexual stereotypes and teach non-violent methods of communication in resolving disputes. They have to offer programs or pastoral messages on human sexuality748 that celebrate the equality referring to dignity of men and women. They have the duty of encouraging local diocesan structures to deal with violence and urging the Catholic community to support social policies and programs that enhance the equality of women. They have also to address it in the long term and encouraging the theologians and other scholars to write on the root causes of violence against women in the diocese.

Pastors should deal with the safety for the women and children in the family; accountability and treatment for the abuser; and restoration of both the victim and abuser, and hopefully, reconciliation of the relationship.749 There are stages to be observed by a well learned pastor so as to help the victim of violence. The pastors must be kin because the affected women show some signs which prove that things are not well. For instance, observing the woman wearing long sleeves in summer, or in dirty clothes around town, having unclean hair, wearing sunglasses indoors, withdrawal from social situation, unexplained injuries, signs of stress, and alcohol or drug use; these may be signs of abuse from the perpetrators. Furthermore, chronic low self-esteem, a need to rescue or cover the mistakes of her husband, social isolation, emotional and economic dependency is often seen in women who are battered.750 After observing these signs a solution is to be searched. The Church leaders have not to rush to conclusions as some of the women in some dioceses during interviews claimed.

747 See Brian Ogawa, Family Violence and Religion, An Interpretation Resource Guide, p. 238. 748 According to the Congregation of the Catholic Education, Education Guidance on Human Love, Rome, 1983, no 4; Sexuality is a fundamental component of personality, one of its modes of being, of manifestation, of communicating with others, of feeling, of expressing and living human love. Human sexuality is a gift, to be approached with deep sense of appreciation, wonder and respect. 749 Miles, Al, Domestic Violence: What Every Pastor Needs to Know, Minneapolis, MN: Augsburg Fortress Publications, 2000, p. 3. 750 See Kroeger, Catherine, Nason-Clark, Nancy, No Place for Abuse: Biblical and Practical Resources to Counteract Domestic Violence, Downers Grove, IL: Intervarsity Press, 2001, p. 4.

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The pastors have to let them know that they can be listened to and this will make these women begin to believe that they are not alone and that help is available for them and their children. One needs to talk in confidence to someone he or she trusts such as a relative, friend, parish priest, deacon, religious sister or brother, or lay minister.751 By availing the problems of violence can help to eradicate the evil in the country.

The perpetrators have to admit that the abuse is their problem, not their partner’s, and should have the manly courage to seek help. They have to begin believing that they can change their behavior if they choose to do so. They should know that the Church is available to help them through its ministers. Part of the mission Jesus entrusted to the people is to offer healing when it is needed. Apart from Church ministers, one should talk to other men who have overcome abusive behavior so as to find out what they did and how they did it.752 The parish bulletins, newsletters and websites are to be used for the information and education of the solutions to the problems.753 It is unlikely that the pastor will be told indirectly that a woman is being abused by referring to relationship problems, her partner being angry with her, or present with “spiritual” problems around forgiveness or commitment.754 The pastors must be well versed to the understanding of these women.

7.3 COMMITMENT TO WOMEN RIGHTS DEFENCE

Pope John Paul II; reminds the world that in creating human beings male and female, God gives man and woman an equal personal dignity, endowing them with inalienable rights and responsibilities proper to the human person.755 He is against those men who use the bodies of their wives or women and consider them as a thing, object of trade and as something to satisfy their interests.756 In the course of living, some people seem to be undermined especially women. Pope’s ideas are taken by some human right fighters like Wanjiru, who sees the urgent need for formulating strategic intervention that will empower women economically and involve men as equal partners.757 In addition to creating awareness, there has been an emphasis on mobilizing women, encouraging them to see rights promotion as a

751www.usccb.org/laity/help.htm, Accessed 22/01/2016. 752 See www.faithtrustinstitute.org, Accessed 23/01/2016. 753 See www.endabuse.org, Accessed 23/01/2016. 754 Tanya Wittwer, Domestic Violence Handbook for Clergy and Pastoral Workers,Joint Churches Domestic Violence Prevention Programme, Anglicare SA, 1995, p. 19-21.r clergy and pastoral VIOLENCE HANDBO 755 John Paul II, Post-Synodal Apostolic Exhortation Ecclesia in Africa, Nairobi, Paulines Publications Africa, 1995, no. 82. 756 John Paul II, Man and Woman He Created them, A Theology of the Body, Pauline Books and Media, Boston, 2006, p.58. 757 See Wanjiru Gekahu Nancy, in African Ecclesial Review, no. 51, p. 229.

194 community project. However, Individual women still face the danger of social isolation.758 One common problem is ostracization, that means a woman who takes her husband to court for battering her for example, will be shunned by her community, including her fellow women. This same case has been taking place in many parts of the country including the Catholic diocese of Same as the research has proved. To counter this actual isolation, women must try to work in and with the community. If a woman exercises her rights, she should be able to count on the moral and social support of others in the community. The public relations department should support the efforts of these women. They should enact campaigns on violence against women especially on the mother’s day.759 The mothers or women day must have themes directed to domestic violence as the other countries like Austria do. The other European countries are far on these campaigns having themes like Zero Tolerance of violence against women used in Scotland in 1992.760

The Police force and other departments in the country are to help women in these campaigns against violence. Moreover, judicial officers including judges, have yet to understand women’s special concerns and fears.761 The technical nature of the entire court process- including the pleadings, court language and the demeanor of the judge and counsel to the process of cross-examination is a hindrance to the exercise of rights by women. Thus new strategies are needed to make the judicial process a real vehicle for protection of women’s human rights.762 The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) was enacted on 11 May 2011, in Istanbul, Turkey.763 It aimed at several goals such as to improve skills of professionals working in the field, allowing better support and advice for women experiencing violence. Furthermore, it aimed to support the role of NGOs, civil society and the media. It also aimed at giving victims of violence a stronger role and better rights in criminal proceedings and to improve the reporting of incidents.764 The Convention may have some passages about gender

758 Joanna Kerr, Ours by Right, Women’s Rights as Human Rights, p. 40. 759 See Claudia Padinger, Public Relations und Kommunikationskampagnen als Mittel im Kampf gegen Gewalt an Frauen. Eine empirische Gesamterhebung der Kommunikations und Public Relations-Aktivitäten von österreichischen Frauenhäusern, Salzburg, 2010, p. 138. 760 See Claudia Padinger, Public Relations und Kommunikationskampagnen als Mittel im Kampf gegen Gewalt an Frauen. Eine empirische Gesamterhebung der Kommunikations und Public Relations-Aktivitäten von österreichischen Frauenhäusern, p. 138. 761 See Joanna Kerr, Ours by Right, Women’s Rights as Human Rights, p. 41. 762 See Joanna Kerr, Ours by Right, Women’s Rights as Human Rights, p. 41. 763https://en.wikipedia.org/wiki/Convention_on_preventing_and_combating_violence_against_women_and_do mestic_violence, Accessed, 03/05/2018. 764 European Commission, Instanbul Convention: Combatting violence against women, Directorate-General for Justice and Consumers, Turkey, Fact sheet, 2016.

195 which are still to be discussed critically within the Church but there are some valuable thoughts within the whole document. Such a convention reflects our situation in Tanzania and it calls upon our leaders to have a long term plan on the eradication of domestic violence. One of the plans is to have women lawyers.

7.3.1 Formation of Women Lawyers

Law can be defined basing on the civil or Catholic fields. According to the Catechism of the Catholic Church; Law is defined as an ordinance of reason for the common good, promulgated by the one who is in charge of the community.765 Law is an ordinance; it induces an obligation and is not merely a counsel. It is an ordinance of reason, because it must be based on the insights of reason about what is good for the community. Promulgation is necessary in order for the law to become obligatory.766 A lawyer is therefore a person who is trained and qualified to advice people about the law, to present them in court and to write legal documents.767 Hence, lawyers from both sides of men and women, from the Church and government; are needed. More women lawyers are needed because they are first of all closely connected to the fellow women and at the second position they seem more trustworthy. Hence, as women face troubles it is easy to consult them more than men.

According to Pope John Paul II; speaking to women and listening to them is very important as they represent a large number of people. He sought to advance a dialogue especially with women themselves on what it means to be a woman in our time. He also pointed out some obstacles which in so many parts of the world still keep women from being fully integrated in social, political and economic life.768 Tanzania has few women lawyers but it has an association dealing with women lawyers.769 There are even fewer women lawyers in our time who willingly work with women’s rights groups. This is especially so since the work is mostly on a voluntary basis. It is unfortunate that the number of women lawyers increase slowly. There are efforts in our Catholic dioceses and other religious congregations in educating lawyers. Unfortunately my diocese has not come across any women lawyers who

765See Catechism of the Catholic Church, no. 1976. 766 Karl H. Peschke, Christian Ethics, Moral Theology in the Light of Vatican II, Vol I, Bangalore, Theological Publications in India, 2010, p. 135. 767 Joanna Turnbull, Oxford Advanced Learner’s Dictionary, UK, Oxford University Press, 2010, p. 842. 768 John Paul II, The Pope Speaks to Women Letters and Addresses, p. 42. 769 The Tanzania Women Lawyers Association (TAWLA) is an NGO that was founded in 1989 and officially registered in 1990. The founding members comprised a group of professional women lawyers who felt the need for an organization that could promote an environment guaranteeing equal rights and access to justice for all, through focusing on vulnerable and marginalized groups, especially women and children. The TAWLA members also recognized the need for women lawyers to foster mutual support for each other in professional advancement and social responsibility.

196 can defend women in their rights except some few sisters from the congregations. The formation of Church lawyers basing on canon law should also be given a paramount importance. This will enable the Church in Tanzania have enough lawyers who will on time solve the family problems basing on marriage and many others. Fortunately, there is a growing awareness that women must be enabled to play their part in the solution to the serious problems of today’s society and in future.770

7.3.2 Establishment of educative Counseling Centers

The counseling centers must have enough lawyers or counselors who can serve the needs of all the people. It goes without saying that, the Hospitals, Health centers, Police stations, Churches and other offices where these evils are reported must have capable people. The Law ministry in Tanzania came across some challenges in the mentioned sectors which are to be solved. It was discovered that, Police in Tanzania receive only general training in dealing with survivors of violence, not training related specifically to GBV. It was only in the year 2005 they tried to add this kind of training in the Police curriculum.771 Therefore women who reported to police stations to obtain PF3 (Permission from the Police given to a person who is injured through accident or by been beaten by another so as to receive treatment in the hospital) forms are questioned to the point of harassment.772 It was also noted that; despite gender equality and GBV being part of broader trainings offered in respective colleges, the staff have not systematic training on the same. Hence they encounter a lot of problems in helping the affected. For instance, GBV does not form part of medical training hence limited forensic knowledge on the same. Despite the challenges, Tanzania has some counsel centers such as Executive Coaching, Professional Psychological Counseling and Psychiatric Out- Patient Consultation which helps its people.773 The total number of these centers is unknown. Many parts of the country especially in the villages the centers are missing and the evil increases. It is therefore necessary that they are established in order to help women and others report their problems and get proper assistance. We call upon the Government and the Church in Tanzania to work hand in hand to make sure that these centers are built. There are already established centers by the non-governmental Organizations which must be assisted. Kivulini Women’s Rights Organization is a registered non-governmental organization based

770 John Paul II, The Pope Speaks to Women Letters and Addresses, p. 43. 771http://evaw-global-database.unwomen.org/en/countries/africa/united-republic-of-tanzania/2005/training-for- police-officers-on-sexual-and-gender-based-violence, Accessed, 18/07/2018. 772 Ministry of Health, Community Development, Gender, Elderly and Children, Review of a National Plan of Action for the Prevention and Eradicating of Violence against Women and Children (2001 – 2015), p. 12. 773http://wellnessservicestz.com/counselling_centre_in_tanzania, Accessed, 22/03/2018.

197 in Mwanza, Tanzania.774 The word “Kivulini”, translated from Kiswahili, means “in the shade”. It implies a place of safety, under a tree or otherwise a shade, where people meet for discussions and support one another. These centers need government support in training leaders for such activities.

Furthermore, the government should continue to ramp up the support that they provide to street leaders. Street leaders are those who watch up the relationships and security of the ten houses under him or her in the villages in Tanzania. They are the ones concerned with reporting and solving all the problems in the said houses. Therefore the government must consider paying street leaders for services so that they take a more serious and supportive role in assisting women in the community, without having women paying for such services. The role of street leaders who are both men and few women; in supporting women who experience domestic violence should be clarified so that street leaders across all regions have a clear understanding of the obligations and duties as government representatives. Mandatory training that is specific for street leaders should be standardized across regions on a variety of issues including women’s rights by stopping early marriages, counseling skills, legal issues and domestic violence. Prior to encouraging more women to seek street leader support, mechanisms should be implemented to increase the capacity of street leaders to accommodate a larger numbers of women seeking assistance.775

The centers can also help in the eradication of early marriages which increases the evil of domestic violence. Serious measures should be taken to those parents who force their children to marriage instead of taking them to school. The primary and secondary schools in these areas need to have dormitories to enable these girls be safe during their school time. This will enable those girls avoid losing their right of education because pregnant girls in Tanzania are forbidden to continue schooling.776 This will protect girls who are forced to become mothers before their proper time and it will also help to reduce the evil of domestic violence against them. The prohibition of pregnant girls to continue with their education in the country has been opposed by some human rights groups.777 Is it right to prevent pregnant

774 See Jodie Ellenor, Kellie Gray, Masele Ramadhan, Koreshi Adamson, eds, Domestic Violence Against Women in the Lake Zone, Tanzania: Prevalence and Responses of Local Government Authorities, Kivulini Women’s rights Organization, Mwanza, 2009, p. 36. 775 See Jodie Ellenor, Kellie Gray, Masele Ramadhan, Koreshi Adamson, eds, Domestic Violence Against Women in the Lake Zone, Tanzania: Prevalence and Responses of Local Government Authorities, Kivulini Women’s rights Organizatio, p. 36. 776https://www.reuters.com/article/us-tanzania-girls-idUSKBN19H1FE, Accessed, 18/07/2018. 777https://www.reuters.com/article/us-tanzania-girls-idUSKBN19H1FE, Accessed, 18/07/2018.

198 girls to continue schooling even when they have given birth to their children? Here there is deprivation of rights and a quick solution is needed.

7.3.3 Establishment of Non-governmental Organizations and education to justice

Tanzania through its governmental and non-governmental sectors has some Organizations dealing with women. Fear of reporting the evil of violence should be shunned and they must be able to open up themselves and build a society free from violence.778 The establishment of these centers should be close to people. These centers can be started in the level of villages, districts, dioceses and to the regional level. There are some Catholic dioceses like Same diocese which has already many established Organizations working closely with its people and especially women, though not directly on the issues of domestic violence against women.779 These organizations advise women and at times help them in some projects towards their development which act as one of the solutions to violence. We suggest having some centers which deal directly with matters pertaining to domestic violence against women. It is clear that in African culture there are issues that by virtue of gender, men or women will be more open and comfortable to discuss together.780 There is a need then, to train and employ many female counselors who will help to address the unbearable tragedy of huge numbers of women waiting to be heard and understood and at the same time receiving education basing on justice.781

The Istanbul Convention of Europe had some important themes which aimed at ensuring and informing that violence against women is a crime. It includes psychological and physical violence, sexual violence and rape, stalking, female genital mutilation (FGM), forced marriage, forced abortion and forced sterilization. The convention aimed at making sure that the perpetrators are punished.782 Women who find themselves in violence sometime divorce

778 Mary Ann Dutton, Gewalt gegen Frauen, Diagnostik und Intervention, Verlag Hns Huber, Bern. Göttingen. Toronto. Seattle, 2002, p. 134. 779 The organizations found only in Same Diocese in the town are such as Mwanasheria mkuu wa wilaya, Dawati la jinsia polisi-Education on women rights and laws. Hakimu mfawidhi wa wilaya, Elct- Enterprenewship, Recording, airtime at radio maria, Legal aid provision. Umoja wa waislamu same,TRA, Nmb, Wajasiriamali, Caritas same, Compassion international, Empower Tanzania-training women, Floresta- supporting Vicoba (village community bank), Smecao-education on environmental conservation, Human rights, Supporting women (poultry production), World Vision-Same cluster-supporting women groups, Medicos del Mundo-training on reproductive health, Kiwakkuki-HIV/AIDS awareness, Nafgem-network against female genital mutilation, Kwiecco-provision of legal aid and many others. 780 Lechion Peter Kimilike, “The integration of the voice of women in Pastoral Care and Counselling in African Context” in Africa Theological Journal, no. 31, 2008-2009, p. 67. 781 E. Ndossi, “The Africanisation of Pastoral Care and Counselling and Female Perspective”, unpublished paper presented to the seminar on Africanisation of Pastoral Care, Makumira University College, March 11-17, 2006. 782 European Commission, Instanbul Convention: Combatting violence against women, Directorate-General for Justice and Consumers, Turkey, Fact sheet, 2016.

199 and enter into evils such as prostitution, where are no laws to defend them. It is therefore the duty of the State through its systems to enact laws which will understand and protect them.783 There should be a good system of passing information about education to justice. Traditional Africa communicated its values through myths, fairy tales and proverbs. Riddles too, played a part in sharpening creative energies not only in children but also in adults.784 Fairy tales helps to make both children and adults aware of life’s true values and the attitudes of the community. The Tanzanian people being among the African societies had and still have the ways of educating its people. But changes are inevitable; today we have to call things by their names not to base too much on tales and riddles though important. Explanations and clarity are needed in our society today so as to eradicate the evils of violence.

Education to justice demands a renewal of heart, based on the recognition of sin in its individual and social manifestations. It will also inculcate a truly and entirely human way of life in justice, love and simplicity.785 It will likewise awaken a critical sense, which will lead us to reflect on the society in which we live and on its values. It will make men ready to renounce these values when they cease to promote justice for all men. Education for justice is imparted first in the family. The content of this education necessarily involves respect for the person and for his dignity. The Catholic tradition on social teachings is rooted in the three basic affirmations; firstly the inviolable dignity of the human person, secondly the essentially social nature of the human being and thirdly, the belief that the abundance of nature and of social living is given to all the people.786 Our local Churches have to do this using its leaders and Government leaders. The human society has to be constantly reminded of the principles of justice.787 When these principles are well lived by the society under the influence of charity, the evil of violence will be eradicated. Perhaps the biggest obstacle or challenge of realizing the ideal of justice, as laid out by the Second African Synod, is conversion of heart which bases not only on the individual level but also on the level of the Institutions, State and the Church. Through deep reflection and expansion of spirit, people can be led to a new way

783 Dagmar Kampf, Gewalt gegen Frauen in Recht und Rechtsprechung in Gewalt gegen Frauen Eine Dokumentation, Landeshaupstadt, Düsseldorf, 1990, p. 34. 784 Benezet Bujo, Plea for Change of Models For Marriage, Nairobi, Paulines Publications Africa, 2009, p. 69. 785 Synod of Bishops, Justice in the World, Nairobi, Paulines Publications Africa, 1971, p. 17. 786 The American National Conference of Catholic Bishops, “A Catholic Response” in Karen Lebacqz, Perspectives from Philosophical and Theological Ethics: Six Theories of Justice, Minneapolis, Augsburg Publishing House, 1986, p. 67. 787 Pontifical Council for Justice and Peace, Towards a Better Distribution of Land The Challenge of Agrarian Reform, Nairobi, Paulines Publications Africa, 1998, no. 28.

200 of seeing with eyes and hearts open to truth making.788 Justice as participation is to be insisted.789 Media can be used to educate the people on the matter but the use of media for the children and the youth is to be monitored regarding the contents. Education to justice should not only be left to the media but should be a responsibility of all the people.790

In fighting for justice a number of campaigns to end violence against women and girls had been carried out in different regions. There has been in the country a creation of awareness through media on women rights with the names; “Say No – UNiTE” to end Violence against Women and Girls which was launched by his Excellency Dr Jakaya Mrisho Kikwete, the former President of the United Republic of Tanzania in 2008. There were also the National Campaigns on “Zero Tolerance” to Sexual Gender Based Violence and the “Africa UNiTE” Campaign to end Violence against Women and Girls which was held in Manyara and Dodoma.791 They aimed at education to justice as a solution to violence though faced with some challenges such as accessibility to women at the grass root due to poor budget set for the work.792 The Government and the other organizations including the Church must therefore be informed through several researches, writings and other possible means that, this issue is alarming and more efforts are needed in order to eradicate the evil.

7.3.4 Police duties about Criminal laws and procedures

Those people who have been exposed to school education have the responsibility of leading others in the religious, political, economic and social sectors.793 They have to make their fellow people aware of the laws leading to their survival. Awareness on Criminal laws and procedures is also needed in all parts of the country. This will help the community understand civil and political rights, to know proper procedures for resolving disputes in the society and also to reduce brutality done by the Police. The Police forces are to be allowed by law to enter the home of the perpetrators and arrest them and not to let violence remain as a private

788 Anne Arabome, “Making Justice at Home or Justice Begins at Home,” in Agbonkhianmeghe E. Orobator (ed.), Practising Reconciliation, Doing Justice, Building Peace: Conversations on Catholic Theological Ethics in Africa, Nairobi, Paulines publications Africa, 2013, pp. 72-74. 789 The National Conference of Catholic Bishops, “A Catholic Response,” in Karen Lebacqz, Perspectives from philosophical and Theological Ethics: Six Theories of Justice, pp. 68-71. 790 Kenya Episcopal Conference, The Catholic Family, Nairobi, Paulines Publications Africa, 1986, no. 126. 791 Ministry of Health, Community Development, Gender, Elderly and Children, Review of a National Plan of Action for the Prevention and Eradicating of Violence against Women and Children (2001 – 2015), p. 14. 792Ibid, p. 30. 793 Peter Kanyandago, (ed.), The Cries of the Poor in Africa: Questions and Responses for African Christianity, Kisubi, Marianum Publishing Company Ltd, 2002, p. 45.

201 matter.794 In Europe and America this is already in use and it helps a lot in eradication of violence. The learning environment and the methodology used in teaching about violence must be conducive.795 The condemnation of evils and injustices is the duty of the government and also of the ministry of evangelization in the social field which is an aspect of the Church’s prophetic role.796 The country in collaboration with the Church in Tanzania should educate the people about laws which govern these acts of Gender Based Violence with stiff punishment they bear.

People must be trained on how to develop a comprehensive data base on GBV reported cases, type, relationship to perpetrator, rate of similar incidents, other mechanisms employed to resolve the problem and preferred by the survivor as well as action taken. They have to be able to investigate GBV crimes, understanding, identification and investigation of trafficking cases in Tanzania and assist relatives to deal with cases of trafficked kin outside Tanzania. There should also be the training and equipping of the Police on how to deal with non- physical GBV. The Tanzanian Police forces are to expand down to the ward level.797 The Police must be educated to the level of been able to help the abused without taking bribes. Some women in Tanzania have taken their perpetrators who are their husbands to the Police stations but in the next day they saw them back without any step. As they return they resort to more beating up of their wives.798 Therefore women have remained with their cry for help and they see as if nobody is thinking about them in solving their problems. Police duties of dealing with domestic violence should be given a paramount importance and they have to be well versed in this work.

7.3.5 Economic empowerment of the families and the nation at large

As pertaining to poverty and struggle for subsistence; the family has to struggle for subsistence, a struggle to which the family has to devote most of its energy.799 It was discovered during our research that poverty contributes to the increase of gender based violence in the society. In the world today, poverty has made it increasingly difficult for

794 Albin Dearing und Elizabeth Förg, Konferenzdokumentation,, Polizeiarbeit gegen Gewalt an Frauen‘‘ Verlag, Österreich, Wien, 1999, p. 16. 795 Ministry of Health, Community Development, Gender, Elderly and Children, Review of a National Plan of Action for the Prevention and Eradicating of Violence against Women and Children (2001 – 2015), p. 42. 796 John Paul II, Sollicitudo Rei Socialis On Social Concern, Nairobi, Paulines Publications A frica, 1987, no 41. 797 Tanzania Women Lawyers Association (TAWLA), Review of Laws and Policies related to Gender Based Violence of Tanzania Mainland, TAWLA, Dar es Salaam, 2014, p. 55. 798See Erica Fischer/ Brigitte Lehmann/ Kathleen Stoffl, Gewalt gegen Frauen, Kiepenheuer und Witsch Köln, 1977, p. 29. 799 Synod of Bishops III Extraordinary General Assembly, The Pastoral Challenges of the Family in the Context of Evangelization Instrumentum Laboris, Nairobi, Paulines Publications Africa, 2014, no. 73.

202 many people to acquire essential needs such as food, shelter and clothing. There are Tanzanian families which eat one meal per day or have nothing at all.800 There are for example, many cases which take time to be reported due to low income and corruption of some leaders. The government has to struggle in the eradication of poverty and assisted by the Church which has to raise strong prophetic voice concerning poverty which puts strain on family life. The Church leaders in Tanzania have to remove in them the bad spirit of cowardness they carry which makes some of them fail to attack the evil of violence.

Through economic empowerment, people are to be made aware of the natural resources in the country and how they can benefit from them. This awareness calls for human responsibility towards creation as a whole. It thus embraces not only human being’s rational faculty, but also his entire responsibility as a moral subject.801 Human persons have therefore to utilize well and in a moral way the resources given to them. Most of the people speak much about development802 and problems connected with it in the world as a major concern. State and Church leaders as well as international organizations such as the UNO, are engaged in promoting development for people at various levels.803 There is no doubt that people today especially with the aid of science and technology have mastered many resources in nature and continue to do so.804 The good use of the resources will help in solving the problem of domestic violence as many women and other society members will get their daily needs.

Tanzania is a poor country but rich in natural resources including the biggest 10 National parks in East Africa.805 These parks attract tourists who increase the national economy. If the money obtained from these could be well used for the country’s’ projects, women and other members could improve their lives and do away from violence arising from poverty. The development of these important centers including the mining and agriculture could improve the situation of the people in the families and in the nation at large. The improvement is now slowly seen as the president of Tanzania and his government is working hard to the solutions.

800 Peter Kanyandago, The Cries of the Poor in Africa: Questions and Responses for African Christianity, p. 9. 801 Aidan G. Msafiri, Towards a Credible Enviromental Ethics for Africa: A Tanzanian Perspective, Nairobi, CUEA Press, 2007, p. 69. 802Development according to Paul VI, Populorum Progressio On the Development of the Peoples of 1967, defines it as one which must promote the good of every person and the whole person. The concept starts from the duty or obligation of each person to attain self-fulfillment. 803 Laurenti Mages (Ed.), The Prophetic Role of the Church in Tanzania Today, Eldoret, AMECEA Gaba Publications Spearhead 115, 1991, p. 43. 804Laurenti Mages (Ed.), The Prophetic Role of the Church in Tanzania Today, p. 43. 805 See https://www.bookmundi.com/t/top-10-best-national-parks-in-tanzania-overview, Assessed, 22/03/2018.

203

7.4 STATE AND CHURCH DUTIES IN ERADICATING VIOLENCE

7.4.1 State and Church efforts in the empowerment of women in the country

Today many States recognize the importance of protecting women from abuse and punishing the perpetrators for the crimes. Therefore the inaction of political decision-makers should be made and the government through its authorities should demonstrate that violence be treated as a criminal act irrespective of whether it occurs in public or at homes.806 The question of intimacy, that is, whether wife-battering should be treated as an ordinary crime or whether there should be an emphasis on counseling and mediation, poses a major dilemma for policy makers.807 But before this is decided, the perpetrators and the women themselves should learn through televisions and life experience asking themselves on why they have entered into violence and look for the way forward after admitting their problems.808 It is time now for the Government of Tanzania to enact laws which will take women battery as a crime. With the initiative of the state, non-governmental Organizations and the Church in Tanzania, this can be investigated and be put into practice by reforming the existing laws.

Generally, to develop effective approaches to addressing domestic violence in humanitarian settings is important. Most humanitarian programs are not designed to address domestic violence. And yet, because such violence is pervasive, many aid workers are confronting it in their everyday work and are forced to craft on the spot responses without adequate support. It is essential for the States, donors and humanitarian organizations to address this gap by developing more guidance on how to design and implement effective programs to meet the needs of women experiencing violence from partners and spouses.809. This work should not be left to the government alone but involve community interventions. The new laws enacted about violence should include the punishment for the perpetrators.810 This work involves community interventions which aim not just at changing the way individuals think and behave but also to mobilize entire villages or districts in efforts to eradicate violence against

806 Dearing/Forg (ed.), Police Combating Violence against Women, Documentation of the Conference of Experts, p. 27. 807Radhika Coomaraswamy, “Combating Domestic Violence: Obligations of the state” in Domestic violence against women and Girls, Florence,UNICEF Innocenti Research Centre, 2000, p. 10. 808 Edward S. Kubany, Mari A. McCaig und Janet R. Laconsay, Das Trauma häuslicher Gewalt überwinden Ein Selbsthilfebuch für Frauen, Hogrefe Verlag, Göttingen, 2015, p. 34. 809See Jennifer Buffett,, Let me not die before my time, Domestic Violence in West Africa, Goze Martine, International Rescue Committee 2012, p. 18.Domestic Violence in West Africa 810See Joachim Lampert/ Burkhard Oelemann , >>…dann habe ich zugeschlagen<< Männer- Gewalt gegen Frauen, Konkret Literatur Verlag, Hamburg, 1995, p. 93.

204 women.811 The collaborative approach to family violence recognizes that, crime problems and their effects on victims are not solely a law enforcement matter. Through the formation of partnerships, typically within the context of community policing, a comprehensive, co- productive approach to family violence, is currently viewed as a promising way to reduce the occurrence of family violence.812 The state cannot work alone in eradicating the evil but with the help of the other people and institutions.

When asked whether groups of institutions, organizations or people should help women who are or could be the victims of domestic violence; majority of respondents in our interviews think that all of those groups have a responsibility to help. Consequently, the big percent of respondents agreed with Lampert, a community worker and an expert on violence matters; that family and friends should be able to help the victims of domestic violence.813 More so the use of life history calendars is very helpful in solving the problem of intimate partner violence. This can be done in several celebrations like birthdays and 25th marriage anniversaries where the partners recall something about their past and the present. It is in this time they can in love remind each other of the good and evils they encountered and promise to continue living without violating each other.814 It follows that, despite the hardness of getting the results of domestic violence; the community work basing on research through interviews and personal experiences can be a way to the eradication of this evil.815 Generally, the majority of people believe that providing information to the victims of domestic violence and to the public as a whole is a good way of tackling the problem, although some forms of information are considered more effective than others.816 The Church has to encourage the clergy to speak out about domestic violence from the pulpit but without addressing concrete women and men because by doing so they might increase violence among them. Invitation by

811 World Health Organization, Promoting Gender Equality to Prevent Violence Against Women, in Volence Prevention the Evidence, Geneva, Who Publications, 2009, p. 7. 812Andrew L. Giacomazzi and Martha Smithey, “A Collaborative Effort toward Resolving Family Violence against Women”,in Prevention and Intervention: Collaborations, Policies, Programs, and Services 2004, p. III– 1–3. 813 Joachim Lampert/ Burkhard Oelemann , >>…dann habe ich zugeschlagen<< Männer- Gewalt gegen Frauen, p. 14. 814 Brittany E. Hayes, Benefits and Challenges of Using life History Calendars to Research Intimate Partner Violence, Volume 33, Issue 3, pp 227-238, Springer Link, 2018, Accessed 5/10/2018. 815 Lisa A. Goodman,. Etalii,. Bringing Community Based Participatory Research to Domestic Violence Scholarship: an Online Toolkit, Volume 33, Issue2, pp 103-107, Springer Link, 2018, Accessed 7/10/2018. 816These are several ways that can be used to combat domestic violence against women: These are such as to provide a free-phone number for women seeking help and advice, to publish information on the internet for women seeking help, to distribute information leaflets for women seeking help and advice. There should a proper enforcement of existing laws and laws to prevent sexual discrimination. There should be a program of teaching police officers about women’s rights, campaigns to raise public awareness, punishing perpetrators, rehabilitating perpetrators and teaching young people about mutual respect. There are also possible answers such as:-very useful; fairly useful; not very useful; not at all useful; don’t know.

205 the Church of the staff from local domestic violence programs to make educational presentations in the Churches is very important. The Church has to designate a day or a month for educating and activating the congregation. Offer pre-marriage counseling dealing with equality, conflict, violence and birth control in a sufficient way. Offer meeting space in the church or synagogue to the local domestic violence program where many faithful are able and free to attend. Where possible the Church through its faithful can contribute financial support to local domestic violence programs.817 Apart from this work done by the Church, the important duty lies also to the parents within it.

Parents have without doubt a very important responsibility of rearing their children. In today’s situations of life many parents have forgotten this duty. Christian Parents have the duty to teach their children to grow in Christian values which will lead to the avoidance of violence.818 For parents to exercise responsible parenthood, they need the guidance of the Church. The Code of Canon Law affirms that before all others, parents are bound to form their children, by word and example, in faith and in Christian living. The same obligation binds sponsors and those who take the place of parents.819 In addition John Paul II teaches:-

The right and duty of parents to give education is essential since it is connected with the transmission of life; it is original and primary with regard to the educational role of others, on account of the uniqueness of the loving relationship between parents and children; and it is irreplaceable and inalienable and therefore incapable of being entirely delegated to others or usurped by others.820

It is good that the material for catechesis made available for the people in the Diocese and they should be translated in the language they would easily understand. John Paul II advises:

In order that Christian parents may worthily carry out their ministry of educating, the Synod Fathers expressed the hope that a suitable catechism for families would be prepared, one that would be clear, brief and easily assimilated by all. The Episcopal Conferences were warmly invited to contribute to producing this Catechism.821

Through Catechists, families including those facing domestic violence should be visited regularly, instructing them in Christian teachings. Parents are to be helped to understand the meaning of sacraments and other relevant topics on child care in the Christian tradition.822

817 Steven J. Saul, The Response of the Church to Domestic Violence: A Silent or Active Voice to Broken Families, Charlotte, 2011, p. 17. 818 John Paul II, Letter to Families, Nairobi, Paulines Publications Africa, 1994, no. 16. See also Second Vatican Council, Declaration on Christian Education, no. 6. 819See Canon, no. 774. 820 John Paul II, Apostolic Exhortation Familiaris Consortio, no. 36 821 John Paul II, Apostolic Exhortation Familiaris Consortio, no. 131. 822See The Code of Canon Law, no. 217.

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Some of the dioceses in Tanzania have already come up with these diocesan catechisms and they help a lot in the education of the society especially children.823 The other dioceses must do something with regard to catechesis. In these Catechisms a chapter on the human dignity of a woman is also very important. In the same line the youth are not to be forgotten as they occupy a very important place in the families, Church and society.

The good future in the family demands a systematic approach so that the young people can effectively be prepared for responsible parenthood. According to “Gravissimum Educationi”; youth should be advised to work towards the good of all, and calls upon all members of the society to work towards the attainment of total fulfillment of all, stemming from the dignity, unity and equality of all people and the whole person and no one is exempted. It states:-

Children and young people should be helped to develop harmoniously their physical, moral and intellectual qualities. They should be trained to acquire gradually a more perfect sense of responsibility in the proper development of their own lives by constant effort and in the pursuit of liberty, overcoming obstacles with unwavering courage and perseverance.824

From this point of view, it is important to focus on the individuals or institutions which are obliged to be fully involved in the pastoral care of the youth. Youth ministry is not an option but a choice which one has to make in view of human development and true humanity; for creating a moral person, is creating a just society which values all people in their dignity.825 The dioceses in Tanzania have to make sure that they strengthen the Parish Youth Councils. Today many youth parish councils are not strong enough to manage the life of the youth. Priests in the Parishes are to work hand in hand with the Diocesan youth co-coordinator so as to make the work successful.

The pastoral agents are therefore called upon to interact with the youth and seek ways to have dialogue with them. The youth need to be listened to, supported, encouraged and sometimes challenged. The youth should for instance be informed that before marriage they have to take time to learn from each other so as to reduce the evil of violence between them as they come together as couples.826 They have to be taught on how to express tenderness as part of everyday life and respect the needs. Norms like mutuality and respect of autonomy should be

823 The Catholic Diocese if Same has already a catechism used to educate all its children in the diocese. It was signed by his Rt. Rev Rogath Kimaryo, the Bishop of Same in 2015. 824 Second Vatican Council, Gravissimum Educationis, no. 1. 825 Michael Warren, Youth and the Future of the Church, Ministry with Youth and Adults, New York, Seabury Press, 1982, p. 19. 826 Edward S. Kubany, Mari A. McCaig und Janet R. Laconsay, Das Trauma häuslicher Gewalt überwinden Ein Selbsthilfebuch für Frauen, Hogrefe Verlag, Göttingen, 2015, p. 209.

207 part of sexual education. The Principle of the common good must be taught as it is central to the good of the society and it is the concept which is indispensable in marriage life. Common good, means having concern for the good of others so that they may live according to God’s expectations.827 Domestic violence against women will be eradicated if at all this principle is well practiced and lived by the family members and the society at large. Christian moral formation is very important and should involve all religions through ecumenism. It is a reality that, the offices dealing with ecumenism in many dioceses do not exist. We recommend these offices be enacted for that purpose. John Paul II in “Ecclesia in Africa” states that, dialogue, listening to others and sharing one’s own beliefs with others is not a choice for them, but a must. It is a part of our Christian mission to be a witness of Christ to all peoples. It is founded in our Christian belief that, all people have a common origin and a common end which is God and the will and desire of God is to liberate and save all human beings.828

Conclusion

In this chapter we have made several recommendations for pastoral plan in the Dioceses in Tanzania and in the Government together with the other Non-governmental Organizations in order to eradicate domestic violence against women. It is our hope that if they will be put into practice; we will be able at least to the large extent to eradicate the evil of domestic violence in our societies in Tanzania.

827Common good is the sum total of appropriate institutional arrangements that guarantee, enable and facilitate human flourishing. 828 John Paul II, Post- Synodal Apostolic Exhortation Ecclesia in Africa, Nairobi, Paulines Publications Africa, 1995, nos, 27, 55. See also Second Vatican Council, Unitatis redintegratio Decree on Ecumenism under Reflections and Suggestions Concerning Ecumenical Dialogue: Bases of Dialogue, 1964, nos. 1-4.

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GENERAL CONCLUSION

The Dissertation has dealt with Domestic Violence against Women in Tanzania and the contribution of moral theology to encounter the challenge. It has clearly been observed from the beginning of our research that domestic violence is a reality and it affects the big population of the world including Tanzania. Our work has presented in the fundamental way on how domestic violence is an alarming issue in Tanzania. It has proved to us that it is almost impossible to think of the society without domestic violence because not all issues concerning it are always aired out or reported. That is why one has to be keen and considerable about violence. It has been proved in this work that violence goes with history of the present communities in a given research area.

Our dissertation has reemphasized the existing relationship between the environment of Tanzania and the historical situation of its people. It has shown how the living conditions of the people can affect their daily today life. This is so basing on the demography and culture of the society. Culture and patriarchy system have been proved to take charge in the violation of women in different ways. Domestic violence has been seen to be a paramount important issue as it affects the whole society.

Failure of the strong and well set Constitution in the country has acted as the big source of many cases of violence against women. It is due to this that many human rights which are not well explained in the Constitution have been violated. A country with a well set and prepared Constitution has less negative effects to the society. The Constitution must regard the rights of all without any bias and state clearly the punishments for the breaking of the given laws. It is a fact that our Constitution has not reached to that extent. As we have suggested in this work, a new Constitution with well set rights defending women and the whole society must be prepared. It is obvious that it will reduce the evils of violence in many ways. How long it will take to have a new country’s Constitution will depend on the people’s effort in the demand of the new one. This must be done without fear so as to enable this and the coming generation be free from violence.

The work has given us the causes of domestic violence against women in the societies. It has researched on the general issues leading to it which some times are hard to discover and as a result instead of dealing with the causes many people remain blaming others. There are things leading to violence which are innate in the people. These are to be known and made clear to the society and then look for the solutions to the problem. Without knowledge of this is like

209 treating a disease without fighting its causes which will always reoccur. Most of the people and even the perpetrators are not aware of the biological and inherited causes which are one of the sources of violence, but not an excuse, because no one is biologically forced to beat his wife. The suggestions given that the society is to be aware of this through different ways so as to solve the problem, are to be highly considered. There are challenges in the implementation of this but our school curriculums as suggested can help in making those in schools aware of them. The different seminars to those not in schools are of great necessity. Who and how to facilitate this work remains in us all. The historical-religious and environmental causes have had a lot of effects as regards violence. It is then the duty of the State and Church leaders to bring out this awareness to the people. The multiplication of religious beliefs and the emergence of many unqualified pastors have led to the misinterpretations of the Scriptures leading to more violence in the societies surrounding them. The control of these beliefs are to be done by looking at the real and true sects which emerge daily in our countries. This work can effectively be done by the State and the different Organizations which are officially known in the country.

This research has helped to bring out the cases of violence against women which affects children and the society at large, which were never reported to the required places. Most of these incidents have been obtained during interviews and some of those reported were lost on the way due to people’s ignorance on their rights and the poor knowledge of the staff in the stations concerned. The causes like those including alcoholism, poverty, stress, male superiority, physical aggressions and many more which are mainly witnessed in the families, were left to the affected who are mostly women to solve them privately. This remained so due to culture and lack of knowledge on the human rights from both the perpetrators and the violated people. It is therefore the duty of the Church, State and non-governmental Organizations to put much effort in these important matters:

“The State has to provide the facilities and opportunities necessary to enhance the welfare of women, to enable them realize their full potential and advancement. The State shall protect women and their rights, taking into account their unique status and natural maternal function in the society. Women shall have the equal right treatment with men and that right shall include equal opportunities in political, economic and social activities. Without prejudice to the clause on” affirmative action” women shall have the right to affirmative action for the purposes to redress the imbalances created by history, traditions and customs.”829

829 Legal and human rights centre p. 165.

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The perpetrators of violence against women who are mostly men as our work has stipulated, thought that they were free from violence. They had the idea that only their partners could be affected. The results proved the vice versa as some of them were also highly affected. It is obvious that whatever wrong you do to others hits back. And this violates God’s command which encourages as to do to others what we want them do to us (Mt 7: 12). The work has shown how men, women, children and the social and economic sectors are affected by domestic violence against women.

The work of eradicating violence in any country cannot be done by the State alone. The other governmental and non-governmental Organizations are to work together. The Church which has the role of taking care of the people bodily and spiritually has a big role to play here so as to build and strengthen the people’s conscience. We have discussed the matter basing on the Bible, tradition and the responsibility of the clergy on the eradication of violence. There are so many passages which show the equality of man and woman and that all have same image of God. Despite all these passages present, the Church has been taken as one of the sources of violence due to several reasons including the interpretation of the bible. Nevertheless, the work has proved the role of the Church in the building of a just society.

Our dissertation has come across many challenges as far as the Church is concerned. We have seen the stand of the Church on the use of contraceptives. This has been an alarming issue especially when one touches or discusses the rights of women and violence against them. The Church does not adhere to any kind of contraception as it is against God’s will and against the purpose of the creator of going to multiply and increase the world (Gen 9: 7). In the following of this God’ command many challenges have occurred where women and girls are mostly affected. Due to the life situations in our world today many families have failed to take care of many children they get and therefore resort to prevent more births using the contraceptive pills and other artificial preventions. Many women who become pregnant either without their plan or with their fully knowledge, resort to abortions due to the challenges in life including violence against them during pregnancy. The Church in the prevention of this, teach about natural family planning and abstinence from sex which many people in marriages and those in relationships cannot manage. Self control for many of them has been hard to achieve. Some married people and even those who are single parents but in relationships; engage themselves in the use of condoms and pills to avoid pregnancy and HIV AIDS, the pandemic disease. All these contraceptives are forbidden by the Church. It is a good stand in the side of the Church as it stands for the Bible and its teachings. But it has been proved

211 beyond doubt that many Christians just read, listen to the Church leaders teaching on contraception but go out and do the vice versa. Is it not the right time now for the Church to have a look on the teachings from the Scriptures and have a strong discussion about the many women who die out there due to the failure of the practice of abstinence and self control and look for another alternative way for them? It is well known and the work has showing a lot of discussions by different Bishops ‘conferences going around about the use of contraceptives. Some of these conferences especially in Europe are trying to see on how to help these women so as to reduce deaths caused by the prevention of the use of contraceptives. It is then the duty of the other Bishops conferences to have a look on this. Just to say that contraceptives are prohibited and remain there does not suffice to help those who are victims of domestic violence. This remains a big question to the moral theologians and the hierarchy of the Church.

In the process of exploring how the moral theology can contribute to the empowerment of women in combating domestic violence, many suggestions are given in this work. It has suggested among all about education to the whole society. Education has to touch all the people from children to the elders. The recognition of the human dignity has to take a lead here as we speak of education to all. The education given should also touch on the social relationships basing on the formation given to its people. The work has seen the lack of many committed members on women rights defense and suggested the issue to be given a paramount importance. The State, Church and the non-governmental Organizations are to keep the efforts together towards the eradication of violence in the country. This will be implemented depending on the country’s’ laws basing on the Constitution and on the relationships between the people themselves and their inner consciences in adhering to the education given in different angles of life.

Success in whatever we do in life depends on the efforts of the people but been aware that there is “unmoved mover” who makes things go as they are planned and that is GOD. The biblical God is the God who is touched and moved by the pleasures and the sufferings of his people. He sees the problems women are facing all over the world and feels for them. Therefore, women in the country together with the whole community are still having enough time to deal with the evil of domestic violence. Hence, the State, Church and non- governmental Organizations must think together and act as a team so as to eradicate domestic violence against women in Tanzania

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