Power and Rights in the Community: Paralegals as Leaders in Women’s Legal Empowerment in Tanzania

Citation:

Dancer, Helen. 2018. “Power and Rights in the Community: Paralegals as Leaders in Women’s Legal Empowerment in Tanzania.” Feminist Legal Studies 26 (1): 47–64.

Author: Helen Dancer

Abstract:

What can an analysis of power in local communities contribute to debates on women’s legal empowerment and the role of paralegals in Africa? Drawing upon theories of power and rights, and research on legal empowerment in African plural legal systems, this article explores the challenges for paralegals in facilitating women’s access to justice in Tanzania, which gave statutory recognition to paralegals in the Legal Aid Act 2017. Land conflicts represent the single-biggest source of local legal disputes in Tanzania and are often embedded in gendered land tenure relations. This article argues that paralegals can be effective actors in women’s legal empowerment where they are able to work as leaders, negotiating power relations and resisting the forms of violence that women encounter as obstacles to justice. Paralegals’ authority will be realised when their role is situated within community leadership structures, confirming their authority while preserving their independence.

Keywords: access to justice, legal pluralism, paralegals, Tanzania, women's land rights, legal empowerment

Topics: Conflict, Gender, Women, Gendered Power Relations, Justice, Land Tenure, Rights, Land Rights, Women's Rights Regions: Africa, East Africa Countries: Tanzania

Year: 2018