Assessment of Women's Access to Justice for Gender-Based Violence through Alternative Dispute Resolution in Tanzania.

Mbogo, Jesca Yuda (2025) Assessment of Women's Access to Justice for Gender-Based Violence through Alternative Dispute Resolution in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

This study examines the effectiveness and accessibility of Alternative Dispute Resolution (ADR) mechanisms for women facing gender-based violence (GBV) in Tanzania. Despite the existence of substantial legislative frameworks and policy measures designed to safeguard women's rights and combat gender-based violence, various obstacles continue to hinder the attainment of effective access to justice. This study analyzes the role of ADR as a supplementary or alternative option for survivors of GBV, evaluating its accessibility, effectiveness, and compatibility with formal legal frameworks in Tanzania. The research utilizes doctrinal and empirical methods, incorporating primary data obtained from interviews with legal practitioners, ADR mediators, government officials, and GBV survivors, alongside secondary data derived from legal texts, reports, and scholarly articles. Key findings indicate that although ADR presents a potentially less intimidating and more culturally sensitive alternative for women, notable limitations persist, such as power imbalances in mediation, insufficient training for facilitators, and a lack of awareness regarding ADR options among GBV survivors. The study examines the roles of customary and religious alternative dispute resolution practices and their effects on justice outcomes for women, emphasizing the complexities involved in integrating these practices with formal legal protections. This dissertation concludes by recommending the enhancement of the regulatory framework for alternative dispute resolution in gender based violence cases, the improvement of mediator training, and the promotion of collaboration between government entities and non-governmental organizations to increase awareness and accessibility. Addressing these gaps will enhance women's access to justice in Tanzania, safeguard their rights, and establish safer, more effective avenues for survivors of gender-based violence seeking redress. This study enhances the understanding of alternative dispute resolution's role in justice for gender-based violence victims and establishes a foundation for future research and policy reforms in Tanzania.

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