We feature a series of videos from an impactful training event organized by PFP fellow Erick Mukiza in collaboration with the Tanzanian Judiciary and FUWAVITA, an organization dedicated to supporting deaf women. This initiative focuses on advancing inclusive mediation practices, empowering the deaf and hard-of-hearing community with knowledge on alternative dispute resolution (ADR), and addressing questions and concerns on accessing justice. High Court judges and senior judicial officers, including Hon. Judge Angela Bahati and Hon. Judge Zahra Maruma, join the training, underscoring the judiciary’s commitment to inclusivity. Through these videos, discover insights into ADR methods, the importance of confidentiality in mediated sessions, and the pathways to justice in Tanzania’s legal system.
In the video below, Erick Mukiza, a Professional Fellows Program (PFP) on Inclusive Engagement fellow, delivers welcoming remarks at a training event he organized in collaboration with the Tanzanian Judiciary and FUWAVITA, an organization for deaf women led by CEO Ms. Aneth Gerana Isaya. The event aims to advance inclusive mediation practices. Mukiza underscores the importance of having high court judges and senior judicial officers in attendance, noting this as a testament to the judiciary's commitment to inclusivity. He explains that the project not only aligns with the 2023 Law Week theme, "Increase Awareness of Mediation," but takes it further by ensuring that the deaf and hard-of-hearing community is fully included in mediation services. Mukiza encourages trainees to apply their new knowledge within their communities to create a widespread impact. He also shares a motto he learned in the United States, "Nothing about us without us," stressing the importance of directly involving people with disabilities in educational and empowerment efforts like today’s event.
In the video below, High Court Judge Hon. Angela Bahati explains the various types of alternative dispute resolution (ADR) methods available before resorting to court proceedings. Speaking on behalf of the High Court mediation center, she highlights that mediators play a crucial role in helping disputants reach amicable agreements. She outlines several ADR methods, including reconciliation, negotiation, mediation, arbitration, and early neutral case evaluation. Judge Bahati emphasizes the efficiency and simplicity of these processes, which not only resolve conflicts swiftly but also strengthen friendships and relationships. She also notes that mediation is deeply rooted in tradition, historically practiced by our ancestors, families, religious leaders, and community councils.
In the video below, Ms. Ridness, a sign language interpreter, poses a question to Hon. Judge Bahati regarding confidentiality in mediation for deaf and hard-of-hearing participants. She points out that while mediation is typically confidential, the presence of a third-party interpreter may seem to compromise this confidentiality. Ms. Ridness asks how confidentiality can be maintained with interpreters involved. In response, Judge Bahati explains that a confidentiality agreement form is provided for everyone involved, including interpreters. This form ensures that all parties agree to keep the conversation private and outlines legal consequences for anyone who discloses confidential information.
In the video below, Ms. Agnes Kikoti, a hard-of-hearing participant, asks Hon. Judge Bahati, through a sign language interpreter, why court judgments are often delayed even when the accused has been arrested and the evidence is clear. In her response, Judge Bahati explains that the court is only one part of the criminal justice system and works in coordination with other institutions, including the police, public prosecutors, investigators, and witnesses. She notes that delays often occur within these partner institutions, as the court relies on their input to proceed with cases.
In the video below, Ms. Consolata Sarugi, a hard-of-hearing participant, asks Hon. Judge Bahati, through a sign language interpreter, for guidance on seeking justice after being unexpectedly terminated from her long-term position at Muhimbili National Hospital without severance pay, National Social Security Fund (NSSF), or other due benefits. In response, the Deputy Registrar of the Center, Hon. Augustina Mmbando, advises her to first file a complaint with the Commission for Mediation and Arbitration (CMA). If the CMA’s decision is unsatisfactory, she may appeal to the High Court's Labor Division and, if still unresolved, take her case to the Court of Appeal, ensuring she retains all judgments at each stage.
In the video below, Hon. Zahra Maruma, Judge in Charge of the High Court Mediation Center, emphasizes that mediation is the most efficient and cost-effective way to resolve disputes, as it allows both parties to openly discuss issues and reach their own agreement. She highlights that this approach aligns with Sustainable Development Goal 16.3, as discussed by Erick Mukiza in his recent UN News interview in New York, noting that the Tanzanian judiciary is committed to supporting this goal. Additionally, she underscores that Tanzania’s Constitution directs the judiciary to prioritize Alternative Dispute Resolution (ADR) methods, even as it remains the final authority for justice.
In the video below, Hon. Zahra Maruma, Judge in Charge of the High Court Mediation Center, awards certificates of attendance to training participants who are leaders and entrepreneurs from deaf and hard-of-hearing communities.
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