1.0 Introduction:
TARO is fully committed to enhancing the arts and cultural sector in Tanzania. To accomplish this objective, the organization took substantial steps to reinforce the legal framework governing the arts and cultural sector. A strategic effort was carried out to establish constructive interaction with parliamentary committees. In line with this objective, meetings were organized with parliamentary committees to discuss amending the National Arts Act, No. 23 of 1984. The primary focus of these discussions was to reinforce gender inclusivity and artistic freedom within the existing legislation, acknowledging the pressing need for these improvements.
The deliberations, which involved engaging with the governance, constitutional, and legal affairs committee, as well as the arts, sports, culture, and development committee, aimed at addressing the longstanding need for recognizing and safeguarding artistic freedom and gender inclusivity within parliamentary legislation. This preliminary process has sought to lobby for acknowledging these vital elements, ensuring they are protected within the legal framework governing the arts and cultural sector.
2.0 Purposeful Engagement with Committees:
This initiative involved a nuanced and deliberate consideration, engaging with parliamentary committees and convening purposeful meetings with their members. The goal was not merely procedural; it was a strategic effort aimed at fortifying the foundations of the art and cultural sector. The discussions sought to elevate the discourse, focusing on gender-inclusive and preserving artistic freedom within the National Arts Act.
A. Promoting Gender-inclusivity
At the heart of these discussions lies the recognition that the current legal framework for the arts and cultural sector is not adequately gender-inclusive. While it ostensibly offers equal rights to both women and men, it fails to provide equal opportunities for women to access and take control over assets and resources within the sector. Furthermore, the existing associations, federations, and related authorities within the arts and cultural domain are not structured internally to accommodate the voices, ideas, and needs of women, thus perpetuating systemic inequalities.
i. Structural Inequities:
The existing associations, federations, and related authorities within the arts and cultural domain are not internally structured with gender sensitivity. Delving into the internal structures of associations (more than 15), federations (3), and related authorities (3) within the arts and cultural sector reveals non-gender recognition within their governance structures. These structures, lacking inclusivity, fail to accommodate the diverse voices, ideas, and needs of women, perpetuating a cycle of disadvantage within the sector.
ii. Gender Blind Legal Framework:
The laws established within the arts and cultural sector lack gender inclusivity, as women's skills, competencies, and experiences are not given the significant space they deserve. Disturbingly, many women artists have been subjected to gender-based violence and sexual harassment, often becoming prerequisites for them to access emerging opportunities, instead the sector creates a hostile environment that stifles their creativity and potential.
iii. Women Artist’s Challenges:
But also, the prevailing public perceptions surrounding the successes of women artists are often linked to sexual privileges rather than their efforts and talents, further compounding the challenges faced by women in the industry. Consequently, the representation of women in the mainstream arts and cultural industry remains disproportionately low compared to men, highlighting the urgent need for systemic change and legal reform.
B. Upholding Artistic Freedom
The discussions have also emphasized the critical importance of recognizing, protecting and promoting artistic freedom. It has been underscored that any comprehensive approach to amending the National Arts Act. No. 23 of 1984 must take into account and address all relevant elements that contribute to safeguarding and promoting artistic freedom. This holistic approach is essential to ensure that the legal framework not only recognizes and protects artists' rights but also provides them with the necessary freedom to express themselves artistically without fear of censorship and persecution.
The rights of artists, moral, cultural, and economic rights are protected under the International Covenant on Economic, Social and Cultural rights-ICESCR (1966) as human rights. The United Republic of Tanzania became a signatory to the covenant in 1976. However, the rights guaranteed by the covenant are undervalued, inadequately safeguarded, and viewed primarily as individual matters rather than fundamental human rights. A fruitful discussion with parliamentary committees has been initiated to explore strategies for harmonizing ethical standards while also providing artists with the freedom to expand their creative boundaries and work safely.
3.0 Conclusion:
The meeting with parliamentary committees to discuss the amendment of the National Arts Act. No. 23 of 1984, symbolizes more than a bureaucratic process—it is a quest for justice, equality, and the liberation of artistic potential. The amended Act has the potential to foster creativity, inclusivity, and positive social change within the art community and society as a whole.
The efforts to engage with parliamentary committees to advocate for these vital amendments represent a crucial step towards fostering a more inclusive and equitable arts and cultural sector. By recognizing the need for gender inclusivity and artistic freedom within the legal framework, these discussions have laid the groundwork for meaningful legislative changes that will uplift and empower all artists, including women, and ensure the flourishing of creativity and expression within the arts and cultural domain.