Context of the Problem
|
According to UN Women – Africa (2023), over 3.3 million women with disabilities in Tanzania—approximately 7.8% of the population—face significant barriers to legal information and services. Those in deaf communities are particularly affected, confronting layers of vulnerability that include exploitation, unresolved disputes, and exclusion from vital social and economic opportunities. Without access to reasonable accommodations such as sign language interpretation or assistive technologies, these women are excluded from justice systems and unable to resolve disputes effectively or equitably. Alternative Dispute Resolution (ADR) presents a promising avenue for addressing these gaps. With the guidance of practitioners such as mediators, ADR offers a less adversarial, faster, and more cost-effective alternative to traditional court litigation (Beda, 2023; Mallya, 2023). Across Africa, ADR has proven especially impactful in empowering women to access justice (Atua, 2013; Uwazie, 2011). However, in Tanzania, the benefits of ADR remain out of reach for the deaf community due to insufficient accommodations, even as the government continues to promote ADR as a nationwide conflict resolution mechanism (United Republic of Tanzania, 2012). This systemic exclusion intensifies unresolved disputes, limits advocacy for rights, and perpetuates cycles of injustice. In July 2024, my Fellowship follow-on project addressed the justice gap for deaf women. In partnership with FUWAVITA, a network of 250 women with disabilities, and the High Court Mediation Centre, we piloted inclusive ADR solutions. The initiative produced seven Swahili-language ADR educational videos and trained 10 deaf women leaders, who then empowered 20 more community members. These efforts aim to break down barriers to justice for deaf and hard-of-hearing women, fostering a more inclusive and equitable legal system. This proposal builds on the foundation laid by the initial efforts in the fellow-on project. It aims to enhance impact by expanding ADR (alternative dispute resolution) training within the deaf community and introducing assistive technologies to create a more inclusive environment for dispute resolution for both the deaf and hard of hearing individuals.
References: Atua, K. A. (2013). Alternative dispute resolution and its implications for women’s access to justice in Africa: Case study of Ghana. Frontiers of Legal Research, 1(1), 36–57. Retrieved from http://cscanada.net/index.php/flr/article/view/j.flr.1929663020130101.117 Beda, D. (2023). An assessment of the implementation of mediation as an alternative dispute resolution in the litigation process in Tanzania (Doctoral dissertation, Institute of Accountancy Arusha). Retrieved from http://repository.iaa.ac.tz:8080/xmlui/bitstream/handle/123456789/2524/BEDA%2C%20Damas.pdf?sequence=1&isAllowed=y Mallya, E. (2023). Modern alternative dispute resolution mechanisms in Tanzania: A new wine in an old bottle. Retrieved from https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4623159 United Republic of Tanzania. (2012). National human rights action plan 2013–2017. Retrieved from https://www.ohchr.org/sites/default/files/Documents/Issues/Education/Training/actions-plans/Excerpts/Tanzania_en_2013-2017.pdf UN Women – Africa. (2023, January 30). Strengthening the voice and agency of women with disabilities in Tanzania. Retrieved from https://africa.unwomen.org/en/stories/news/2023/01/strengthening-the-voice-and-agency-of-women-with-disabilities-in-tanzania Uwazie, E. E. (2011). Alternative dispute resolution in Africa: Preventing conflict and enhancing stability. Africa Security Brief, 16. Washington, DC: Africa Center for Strategic Studies. Retrieved from https://africacenter.org/publication/alternative-dispute-resolution-in-africa-preventing-conflict-and-enhancing-stability/
|