Mapping Report on the Status of the Artist in Tanzania

REPORT MAPPING ONTHESTATUS

ISBN978-9987-9684-4-2

Publishedin2023

bytheCultureandDevelopmentEastAfrica

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CDEA2023

ISBN978-9987-9684-4-2

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EXECUTIVESUMMARY

Culture and Development East Africa (CDEA) is a creative think tank that provides cultural and Pan-Africanthoughtleadershipforcreative,socialandscientistinnovatorstocreateandinnovate through structured workplace learning, incubation, research and advocacy and capacity building forsocialchange.

CDEA also provides services to artists, cultural leaders, creative entrepreneurs, cultural officers and urban planners, development and corporate organisations, civil society organisations and academics in cultural development, development planning and implementation in Tanzania and EastAfricaatlarge.

CDEA’s mission is: To support multi-stakeholders to use culture, creativity and ICTs as resources to stimulate the creative economy, achieve social justice and environmental balance within the East African Community. CDEA supports the cultural and creative industries as drivers of social and economic development through two key programmes namely: The Culture and Governance ProgrammeandDocumentaryandFuture.

In the Culture and Governance Programme, CDEA focuses on conducting cultural research and advocacyandpromotingculture,economic&socialdevelopmentthroughprojectsthat:promotes artists’rights,peacebuilding,creativityincitiesandsustainabletourism.

Though the Documentary and Future Programme CDEA aims at enhancing the link between our cultural heritage and contemporary culture by promoting and developing the creative arts through CDEA’s Creative Economy Incubator and Accelerator Initiative focusing on the audiovisual and design sectors; hosting of artistic events; using Midundo Online Radio to promote the artistseventsandpromotionofnature-basedsolutionsinthecreativearts.

With support from the Norwegian Embassy in Dar es salaam, CDEA in partnership with Tanzania Artists Rights Organization (TARO) is implementing a three- year project titled “PROMOTING ARTISTICRIGHTS”whichaimsatenhancingthepolicyandlegislativelandscapefortheTanzania arts scene. The project code-named SANAARIGHTS, is being implemented through mapping, reviewing, and providing recommendations for policies and laws; policy and legislative roundtables and stakeholder dialogues. In regard to that from February to June 2023 and CDEA hasconductedamappingstudyonTHESTATUSOFTHEARTISTINTANZANIA.

ThisstudytookplaceinthecontextoftheUNESCOrecommendationconcerningtheStatusofthe Artist which was adopted by the UNESCO General Conference at its twenty-first session in 1980 hasidentifiedchallengesandmaderecommendationsintheareasof:Trainingandeducation,fair remuneration,accesstofinance,intellectualpropertyrights,socialandeconomicrights.

As a follow-up to this study will be four ministerial policy roundtables l focusing on the training, social security, labour conditions and access to finance for artists in Tanzania The targeted ministries include: The Ministry of Culture, Arts and Sports, The Ministry of Education and Vocational Training, The Prime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities, The Ministry of Constitution and Legal Affairs, Ministry of Community Development, Gender,WomenandSpecialGroups

Other agencies include: Tanzania Vocational Training Authority (VETA), Tanzania Revenue Authority, Tanzania Commission of Science and Technology, Tanzania Bureau of Statistics, NationalArtsCouncilTanzania/BASATA,CopyrightSocietyofTanzania(COSOTA)andCMOs

ACRONYMSANDABBREVIATIONS

AACC AfricanAudiovisualandCinemaCommission

AfCFTA AfricanContinentalFreeTradeArea

AU AfricanUnion

ASEDEVA ArtforSocialandEconomicDevelopmentinAfrica

BAKITA BarazalaKiswahililaTaifa/NationalKiswahiliCouncil

BASATA BarazalaSanaalaTaifa/NationalArtsCouncilTanzania

BRELA BusinessRegistrationandLicensingAgency

CDEA CultureandDevelopmentEastAfrica

CCIs CulturalandCreativeIndustries

CINT CreativeIndustriesNetworkTanzania

COSOTA CopyrightSocietyofTanzania

COSTECH CommissionforScienceandTechnology

CMOs CopyrightManagementOrganization

CMP CommonMarketProtocol

EAC EastAfricanCommunity

FGD FocusGroupDiscussion

GDP GrossDomesticProduct

ICT InformationandCommunicationTechnology

ILO InternationalLabourOrganization

MCAS MinistryofCulture,Arts,andSports

MCDGWSG MinistryofCommunityDevelopment,Gender,Women,andSpecialGroups

MCLa MinistryofConstitutionalandLegalAffairs

MOEVT MinistryofEducationandVocationalTraining

PMO PrimeMinister'sOffice

RECs RegionalEconomicCommunities

SADC SouthernAfricaDevelopmentCommunity

TASUBa TaasisiyaSanaanaUtamaduniBagamoyo

TARO TanzaniaArtistsRightsOrganization

TBS

TanzaniaBureauofStatistics

UKDMCS UnitedKingdomDepartmentofMedia,CultureandSports

TFB TanzaniaFilmBoard

TRA TanzaniaRevenueAuthority

UNCTAD UnitedNationsConferenceforTradeandDevelopment

UNESCO UnitedNationsEducational,ScientificandCulturalOrganization

VAT ValueAddedTax

VETA VocationalEducationandTrainingAuthority

WIPO WorldIntellectualPropertyOrganization

1.0 INTRODUCTION

1.1Context

In 1980, UNESCO Member States, including the United Republic of Tanzania, came up with a recommendationconcerningtheStatusoftheArtist,thatcalleduponallUNESCOMemberStates to improve the professional, social and economic status of artists through the implementation of policies and measures which relate to training, social security, employment, income and tax conditions,mobilityandfreedomofexpression.Therecommendationsalsorecognizetherightof artists to be organized in trade unions or professional organizations that can represent and defendtheinterestsoftheirmembers.

The UNESCO Secretariat is responsible for monitoring the implementation of the 1980 Recommendation and other related normative instruments, such as the 2005 Convention on the Protection and Promotion of the Diversity of Cultural Expressions. It is also responsible for advancing knowledge by undertaking ad hoc research and global quadrennial consultations on the implementation of the 1980 Recommendation; strengthening the capacities of governments and civil society by providing technical assistance and training; providing financial assistance for the implementation of projects. As the thematic areas of the 1980 Recommendation cover a range of policy issues that extend beyond the cultural sector such as labor, trade, welfare and education, mechanisms to support inter-ministerial dialogue and coordination that involves civil society, trade unions and professional associations are crucial to ensure that all stakeholders are engagedinatransversalapproachtoformulateeffectivepolicies.MemberStatesarealsoinvited to submit, every four years, a report on the implementation of the Recommendation within the frameworkoftheglobalconsultationcarriedoutbyUNESCO.

ThematicAreas ActionRequired

Responsible PolicymakingMaking Institution

Developingnationalorregionalart institutes

MinistryofCulture,Arts andSports

Training

Grantingoffellowshipsorpaid educationalleavetohelpartists accesseducationalopportunities

Providingadequatelearning facilitiesandinfrastructures

MinistryofEducation, ScienceandTechnology

Providingfundingfordigitalhubs, incubators,andclustersthatequip youngpeoplewithtechnicalskills.

TanzaniaCommissionfor ScienceandTechnology

Creatingvocationalandtechnical trainingprogrammes

VocationalEducationand TrainingAuthority

Establishingsocialsecurity programmesfororaccessibleto artists(pension,health,accident, parentalleave,unemployment insuranceetc);makingspecial provisionsforfreelanceartists;

SocialSecurity

Aligningpensionbenefitsand copyrightincome

MinistryofCulture,Arts andSports&ThePrime Minister’sOffice-Labour, Youth,Employmentand PersonswithDisabilities

ThePrimeMinister’sOffice -Labour,Youth, EmploymentandPersons withDisabilities& CopyrightSocietyof Tanzania(COSOTA)

Employment

Establishingspeciallegal advisoryservicesforartists.

TheMinistryofConstitutionand LegalAffairs

Developingandimplementing nationallegislationsdefiningthe statusoftheartist;

NationalArtsCouncilTanzania/ BASATA

Ensuringtheconditionsofwork andemploymentconformto standardsdefinedbythe InternationalLabour Organisation(ILO)

ThePrimeMinister’sOffice–Labour,Youth,Employmentand PersonswithDisabilities

Encouragingtheformalisationof contractsforartisticservices

NationalArtsCouncilTanzania/ BASATA

Eliminatingprecariousworking conditions.

ThePrimeMinister’sOfficeLabour,Youth,Employmentand PersonswithDisabilities& NationalArtsCouncilTanzania/ BASATA

Undertakingadvocacy campaignsfordecentworking conditionsforartists

ThePrimeMinister’sOfficeLabour,Youth,Employmentand PersonswithDisabilities

IncomeandTAX Condition

Universalbasicincomeand/or minimumincomescheme forartists;

ThePrimeMinister’sOfficeLabour,Youth,Employmentand PersonswithDisabilities& NationalArtsCouncil,BASATA

GenderEquality

Taxexemptions,includingfor publicgrantspaidtoartistsoron creativeincome

Tax-freeandduty-free import/exportofartistic equipment

TanzaniaRevenueAuthority

TanzaniaRevenueAuthority

Incometaxaveragingmeasures toaccountforincomefluctuations

ThePrimeMinister’sOffice–Labour,Youth,Employment andPersonswithDisabilities &NationalArtsCouncil, BASATA

Remuneratedresidenciesand fellowshipstoallowartiststo developtheirpractice NationalArtsCouncil, BASATA

EstablishingaCopyrightFriendly Label,acollectivecertification markwitheconomicvalue,which allowsanentity(acity, community,organization, company,event,place, ecosystem)tostandoutby highlightingitscommitmentand respectofcopyrightandremit royalties.

CopyrightManagement Organizations(CMOs)&Arts Federations

Implementingaffirmativeaction measurestoachieve genderparity,especiallyin leadershippositions

MinistryofCommunity Development,Gender, WomenandSpecialGroups &NationalArtsCouncil, BASATA

DigitalEnvironment

Establishingleadershipor mentoringprogrammesfor women,particularlyincreative sub-sectorsinwhichwomen areseverelyunderrepresented.

NationalArtsCouncil,BASATA

Developinginitiativesto supporttheparticipationand representationofwomenin culturallife,especiallythose belongingtovulnerable groups.

MinistryofCommunity Development,Gender, WomenandSpecialGroups& NationalArts Council,BASATA

Monitoringgenderequalityby collectinggenderdisaggregateddata

NationalArtsCouncil,BASATA &TanzaniaBureauof Statistics

Eliminatingprecariouslabour practicesintheculturesector thatareincompatiblewith domesticcareresponsibilities.

ThePrimeMinister’sOfficeLabour,Youth,Employment andPersonswithDisabilities& MinistryofCulture,Artsand Sports.

Designingeconomicmodels thatfairlyremuneratecreators online,enterprisesand markets,

CopyrightSocietyofTanzania (COSOTA)

Implementingpoliciesto supportdigitalcreativity.

CopyrightSocietyofTanzania (COSOTA)& TanzaniaCommissionfor ScienceandTechnology

Reinforcingdigitalliterallyskillsand competenciesofartists;

Promotingartisticfreedomandgender equalityinthedigitalenvironment

Increasingaccesstoequipmentand infrastructuresrequiredtoproduce

disseminateandaccesscreativeworks online

CopyrightSocietyof Tanzania(COSOTA) & Tanzania Commissionfor Scienceand Technology

Civil society organizations (CSOs) such as CDEA have a role to play within the framework of the 1980 recommendation by conducting research, to promote the social, legal, and moral rights of artists. In addition, CSOs have a crucial role in evaluating the efficacity of policies and measures put in place by public bodies, or the lack of them The research done can therefore lead policymakinginstitutionstoidentifypriorityareasofactionandtheformulationofevidence-based policies.

1.2RationaleofTheStudy

Based on this background, CDEA, through the Artistic Rights project supported by the Royal Norwegian Embassy in Tanzania carried out a mapping study to establish the status of the artist in Tanzania with a focus on four areas namely: training, social and economic conditions, and financialinclusionforartists.

Asaresultofthismappingstudy,theprojectwillproducepolicybriefstosupportpolicydialogues that will focus on issues for public and private sector attention areas namely: training needs for artists, the social needs of artists, the labour conditions of artists and the financial inclusion for artists.ThisstudyisalsolinkedtoGoal4-PromoteHumanRightsandFundamentalFreedomsof the 2005 UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions. This goal proposes policies and measures to promote and protect the social and economic rights of artists and cultural professionals CDEA will also share the results of these mappingstudieswiththepotentialstakeholders.

1.3Objectives

GiventhescaleandscopeofthestudytotheartistinTanzania,thestudyinvitedrepresentatives from the arts federations namely: art and craft, film, music and performing arts to share their views in relation to the challenges faced by artists in the areas of training, social and economic conditions, and financial inclusion for artists This is because the artists federations are the representativevoiceforartistsinTanzaniaintheirrespectivesub-sectors.

ThestudyusedtheUNESCORecommendationconcerningthestatusoftheartistasbenchmanto establishthesituationinTanzania

1.4Researchquestions

1.4.1Whatisthestatusof trainingandeducationfortheartistinTanzania?

1.4.2DoartistsinTanzaniareceivefairenumerationfortheirwork?

1.4.3IsthereaconduciveenvironmentforaccesstofinancingforartistsinTanzania?

1.4.4Doartistsenjoytheirintellectualpropertyrights?

1.4.5Doartistsbenefitfromsocialsecurityprogrammes?

1.4.6Whatarethebenefitsofartistsbelongingtoartsassociationandorfederations?

1.4.7WhatisthementalhealthwellbeingofartistsinTanzania?

2.0METHODOLOGY

2.1Scope

GiventhescaleandscopeofthestudytotheartistinTanzania,thestudyinvitedrepresentatives from the arts federations namely: art and craft, film, music and performing arts to share their views in relation to the challenges faced by artists in the areas of training, social and economic conditions, and financial inclusion for artists. This is because the artists federations are the representativevoiceforartistsinTanzaniaintheirrespectivesub-sectors.

The study used the UNESCO Recommendation concerning the status of the artist as benchman toestablishthesituationinTanzania.

2.2StudyDesign

Inundertakingthestudy,CDEAcollectedprimaryandsecondarydatarelatedtothestatusofthe artist in mainland Tanzania. Available literature including other sector policies like education, labour,financeandtechnologywasanalysed.Tofillanygapsintheliteraturereviewandmakea deeper assessment of the status of the artist in Tanzania, a focus group discussion (FGD) was heldwithartsfederationleadersandselectedartsorganisationrepresentatives

The literature review and FGD data was analysed and patterns found allowing CDEA to establish the policy and legislative gaps, the challenges across artistic practices in the areas of: training, socialandeconomicconditions,andfinancialinclusionforartists

The findings form an entry point for planning for more focused policy roundtables in the near future.

2.3DataCollectionMethods

CDEAused a FocusGroup Discussion(FGD) asa qualitativeresearchmethod and data collection techniqueinwhichaselectedgroupofpeopleheldanin-depthconversationonthestatusofthe artistinTanzania.TheFGDwasmoderatedbyCDEA’sProgrammeOfficerforArtistsRights,while CDEA’s Creative Economy Manager was the note-taker. The FGD included 12 participants who, including conscious artists, leaders of four arts federations and renowned leaders and members ofvariousartandculturemanagementorganisationsinDaressalaam.

The FGD was moderated by CDEA’s Programme Officer for Artists Rights, while CDEA’s Creative EconomyManagerwasthenote-taker TheFGDincluded12participantswho,includingconscious artists, leaders of four arts federations and renowned leaders and members of various art and culturemanagementorganisationsinDaressalaam.

2.4Limitation

This research was able to have an embryonic understanding of the status of the artist in Tanzania,albeitwithsignificantlimitations.

Firstly, the mapping study had been designed to include a survey tool to reach many artists in Tanzania. However, the low responsiveness of the survey necessitated a change in the research design to focus on arts federations, who are the representative voice of artists, as well as arts organisationsbasedinDaresSalaam.

Secondly, the limited budget did not enable CDEA to have a wider consultation with artists in Tanzania.Nevertheless,theresearchissignificantinthatitprovideskeyfindingsthatpresentan opportunity to plan for more focused policy roundtables with key stakeholders from government andartsfederationleaders.

Thirdly,othercommonlimitationsfoundalongthecourseoftheresearchwere:

SomepotentialparticipantsoftheFGDweretoobusyduringthewindowofthisresearch

The absence of disaggregated data on the contribution of the arts sector to GDP. The contribution of the sector is aggregated under the activity - Arts, entertainment and recreationservices

TheabsenceoflabourdatafortheartistsinTanzania

3.0CONCEPTUALIZINGTHEARTSINTANZANIA

3.1DefinitionalIssuesOfTheOfTheArtistInTanzania

Artist; any person who creates or gives creative expression to or re-creates works of art, who considershisartisticcreationtobeanessentialpartofhislife,whocontributesinhiswaytothe developmentofartandcultureandwhoisoraskstoberecognizedasanartist

Status; signifies on one hand the regard accorded to artists in a society and on the other hand therecognitionofthelibertiesandrights,includingmoral,economic,andsocialrightsthatartists shouldenjoy

Recommendations; are legal instruments in which the UNESCO General Conference formulates principles and norms for the international regulation of particular questions. Member States, civil society, artists, cultural professionals, the private sector and non-governmental organisations havearoletoplayintheirimplementationandmonitoringaroundtheworld.

3.2FromtheArtstotheCulturalandCreativeIndustries(CCI)

While the 1980 UNESCO Recommendation Concerning the Status of the artist, uses the term, artist,itshouldbenotedthatbetween1970and2023,therehasbeenachronologyoftermsthat describecreativityandtheemergenceoftermsasseeninFigure1.

Figure 1: The Trajectory of the Cultural and Creative Economy

While in the 80s the term used by UNESCO was the arts, by time 2005 UNESCO convention was ratifiedtheartsweredescribesastheculturalexpressionanddescribesculturalindustriesas:‘to industries producing and distributing cultural goods or service…It refers to activities, goods and services,whichatthetimetheyareconsideredasaspecificattribute,useorpurpose,embodyor convey cultural expressions, irrespective of the commercial value they may have’[1] In 2008, UNESCO defined creative industries in terms of any “knowledge-based activities that produce tangible goods or intangible intellectual or artistic services with creative content, economic value andmarketobjectives”(UNCTAD,2008,p.4).

The UK government, using the DMCS classification model,[2] describes the creative industries as ‘those industries which have their origin in individual creativity, skill and talent and which have a potential for wealth and job creation through the generation and exploitation of intellectual property’ Currently, UNESCO describes the broad landscape where creativity takes place as cultural and creative sectors, while the international community has adopted the concept of cultural and creative industries. UNCTAD however combines the UNESCO and UK DCMS definitionsandstatesthatthecreativeindustries:

Are the cycles of creation, production, and distribution of goods and services that use creativityandintellectualcapitalasprimaryinputs

Constitute a set of knowledge-based activities, focused on but not limited to arts, potentiallygeneratingrevenuesfromtradeandintellectualpropertyrights.

Comprise tangible products and intangible intellectual or artistic services with creative content,economicvalueandmarketobjectives.

Areatthecrossroadamongtheartisan,servicesandindustrialsectors;and Constituteanewdynamicsectorinworldtrade.

It should be noted that, there is no agreed upon African classification model for the culture and creative industries. In Tanzania, the usage of the term ‘the arts’ which is associated with Throsby’s concentric circles model[3], is more prominent when linked to cultural expression. The concept of ‘culture’ is mostly associated to intangible heritage and language. However, Tanzania also embraces the terminology of copyright industries associated with the WIPO copyright classification model[4]. With reference to Table 1, below, it can be deduced that Tanzania’s classificationfortheartsandculturalexpressionsappliesahybridmodeloftheConcentricCircles model,WIPOcopyrightmodelandUNCTADmodel.

Table 1: Classification of Creativity by Five Different Models

4.0THEPOLICYANDLEGISLATIVELANDSCAPEFORARTSTHETANZANIA

4.1Internationallevel

The UNCTAD Creative Economy Outlook Report (2022) indicates that new and emerging technologies have been transforming the creative economy. Artificial intelligence, for example, is usedtopersonalizemusicandfilmpreferencesbysomeonlineplatforms Additivemanufacturing, or 3D printing, can be used to produce crafts. Augmented reality allows for fashion shows to feature apparently invisible models. Blockchain technology (i.e., non-fungible tokens) can help certify originality and ownership of unique artworks. Virtual reality can promote an immersive experience in computer games and performing arts (UNCTAD, 2022b) UNCTAD also points out thattheCOVID-19pandemicacceleratedtheshifttowardse-commerceanddigitalplatformsand the scope for the transformation of the creative economy. This scenario also reflected on the Tanzania scene where we see the emergence of organizations like OnaStories that are fusing AI and Augmented Reality in promoting the rich heritage on scarification (chale) and wood carving (vinyago)withtheNationalMuseumofTanzania.

4.2ContinentalLevel

The AU Agenda 2063 envisions a long-term 50 year development trajectory for Africa to accommodate key developments on the continent:ongoing structural transformations; increased peace and reduction in the number of conflicts; renewed economic growth and social progress; the need for people centred development, gender equality and youth empowerment; changing global contexts such as increased globalization and the ICT revolution; the increased unity of Africa; and emerging development and investment opportunities in the cultural and creative industries (CCIs). Importantly Agenda 2063 identifies key Flagship Programmes which can boost Africa’s economic growth and development and lead to the rapid transformation of the continent.Important considerations fordevelopment of the creative sector:the establishment of the African Continental Free Trade Area (AfCFTA) to accelerate intra-African trade and boost Africa’s trading position in the global marketplace; and the effective implementation of the PanAfrican Payment and Settlement System (PAPSS) through AfCFTA at the regional and national levels to enhance e-commerce of creative goods and services. These developments open opportunitiesforcross-bordertradeforartistsandcreativeentrepreneursinTanzania

The Charter for African Cultural Renaissance (2006) remains a key document covering cultural policyonthecontinentfortheAU.TheCharterforAfricanCulturalRenaissanceisAfrica’spremier cultural policy affirming that African culture is meaningless unless it plays a full part in the political, economic and social liberation struggle, and in the rehabilitation and unification efforts and that there is no limit to the cultural development of a people It is an instrument developed to empower Member States to promote and reinforce Pan-Africanism, cultural renewal and identityincludingthecurrentworktowardsAfricanmuseumsandrepatriationofAfricanheritage. Promoting the status of the artist in Tanzania can draw inspiration from the Charter’s objectives which promote inter-alia the dignity of African men and women as well as the popular foundations of their culture; freedom of expression and cultural democracy; and African cultural heritage through preservation, restoration and rehabilitation; traditional knowledge systems as a condition for better understanding and preservation of cultural and natural heritage; the role of cultureinpromotingpeaceandgoodgovernance

The Statute of the African audio-visual and cinema commission (2019) established the African Audiovisual and Cinema Commission (AACC) as a specialised agency of the African Union to develop and strengthen the African audiovisual and cinema industry; encourage the establishment of appropriate structures at the national, regional and continental levels to strengthencooperationbetweenAfricanStatesintheareaofaudiovisualandcinema.Inaddition, through the use of audiovisual and cinematic expressions, the AACC will promote creativity/innovation,integration,solidarity,respectofvalues,mutualunderstanding,fosterpeace and promote a positive image of Africa. The AACC Temporary Secretariat is based in Nairobi, Kenya will be to advocate for the ratification of the AACC Statute. In order for the Statute to enter into force and for the Commission’s organs to be fully operational it requires fifteen (15) ratificationsbyMemberStates TheTanzaniaFilmBoard(TFM)cantaketheleadinensuringthe governmentratifiesthestatuesothatitopensupopportunitiesforfilmmakersinTanzania.

TheRevisedAUPlanofActionforCulturalandCreativeIndustries(2008)guidesthedevelopment and strengthening of the African CCIs in order to facilitate delivery of wider social and economic impact. It recognizes the role of the sector in engendering inclusive development, good governance, economic empowerment, poverty alleviation, job creation, trade and regional integration.TheplansetsouttheprioritiesandpathsforthedevelopmentofAfricanculturaland creativeindustriesandprovidesaframeworkthatallowsforeffectivecoordinationofinputsfrom Member States, strategic partners and stakeholders towards a common goal. The AU Plan of Action seeks to support Member States to set up cultural creative industry units with responsibility for coordinating the implementation of the Plan of Action. The AU Plan of Action Objectives can be used as a guide in making policy and legislation reform recommendations in theUnitedRepublicofTanzania.

4.3RegionalLevel

Tanzania belongs to two Regional Economic Communities (RECs) namely: the East Africa Community (EAC) and Southern Africa Development Community (SADC). Both RECsprovide an opportunity for trade in goods and services supported by common market protocols One of the priority sectors of the East African Common Market is Culture. Both Culture and Sports are seen as both enablers and drivers of a people-centred integration agenda through the promotion and enhancement of diverse sports activities and the promotion and preservation of our culture is of paramount importance Relevant to this mapping study is the movement of cultural and creative goods and services within the EAC. Free movement of goods within and between the Partner StatesoftheEACregionisprovidedforbyArticle6of the Common Market Protocol (CMP) and is governed by the Customs Law of the Community as specified in Article 39 of the Protocol on the Establishment of the East African Community Customs Union It allows intra-trade in goods locally produced within the region. Part F of the CMP provides the key obligations concerning tradeinservicesliberalizationintheCommunity.Thisincludesthe“ScheduleofCommitmentson the Progressive Liberalization of Services” contained in Annex V which specifies the sectors that Partner States agreed to liberalize Originally under the EAC Common Market Protocol, Partner States made commitments to liberalize a total of 144 sub-sectors in 7 priority sectors. The EACPartnerStatesfurtheragreedtomakeadditionalcommitments,atafuturedate,toliberalize the following additional service sectors that were not covered by the initial commitments: whichincludesrecreation,culturalandsportingservices.

However, it should be noted, within the Southern Africa Development Community (SADC), the SADC Secretariat commissioned a study[5] on recreational, cultural and sporting services to provide analytical input on socio-economic and market dynamics in the sector while taking into account the existing national policy regulatory regimes in the SADC region. This study will assist the SADC Member States in preparation for the negotiations on binding commitments relating to market access and national treatment, and in the development of regulatory frameworks under theAfCFTAand SADCProtocolonTradeinServices(PTIS) forrecreational, culturaland sporting services.ThelessonsfromtheSADCstudycanprovideinspirationforpolicyactionfortheEACto liberalize recreational, cultural and sporting services, with cultural and entertainment services of specific interest to this mapping study. This will contribute towards improving the status of the artist in Tanzania by opening up opportunities for trade in services in the EAC. In addition, the liberalizingofrecreational,culturalandsportingservicesintheSADCandAfCFTAregionswillalso open job opportunities for Tanzanian artists, especially through Mode 4 -Movement of Natural Persons, for short-term contracts e.g. performance contracts or co-production contracts and exhibitionopportunitiesforvisualartists.

4.4NationalPolicyLandscape

Tanzania’s National Development Vision 2025 has been implemented through various ProgrammesandTheLong-TermPerspectivePlan2011/12-2025/26whoseimplementationwas divided into three phases of the Five-Year National Development Plans Currently, Tanzania is implementing the final plan of the Tanzania Development Vision 2025 as the National overall development framework. Since Tanzania achieved the status of a middle-income economy, it is anincentiveforcontinuingtobuildacompetitiveandindustrialeconomyforhumandevelopment toachievethegoalsoftheVisionwiththefollowingattributes:improvingthelivingconditionsof Tanzanians;theexistenceofpeace,securityandunity;goodgovernanceandtheruleoflaw;the existence of well - educated and learning society; and building a strong and competitive economy.

In the United Republic of Tanzania, the culture and creative sector is governed by the Culture PolicyofTanzania,1996andtheZanzibarCulturePolicy,2005.InmainlandTanzania,thecultural policy is currently under review. Currently, the cultural sector on Mainland Tanzania is mostly governed by regulations on copyright managed by the Copyright Society of Tanzania, arts developmentmanagedbytheNationalArtsCouncilTanzania,andfilmmanagedbytheTanzania FilmBoard.

Since culture is not a union matter, the government of Zanzibar has its separate institutions to manage culture which include Zanzibar National Kiswahili Council, Zanzibar Censorship Arts and Culture, Copyright Society of Zanzibar, the Commission for Culture and Arts, and Ministry of Youthand,Culture,ArtsandSports.ThismappingstudyfocusedonTanzaniamainland.

4.5LegislativeLandscape

InJune2019,anamendmenttotheCopyrightandNeighbouringRightsAct,throughTheWritten Laws (Miscellaneous Amendments) (No.3) Act, 2019, entered into force. Under this amendment, there is the inclusion of contract registration within the scope of the Copyright Society of Tanzania (COSOTA) in order to protect creators. The amendment also revised the Films and Stage Plays Act (FSPA). Section 15 of the FSPA has been amended to introduce an accreditation and certification system. Films will now be classified according to their suitability for audiences. Fashion designers are mostly regulated through their trademarks that are regulated by the Business Regulatory Authority (BRELA). However, many actors in the fashion industry operate in the informal sector and are not regulated by these laws and regulations. The Copyright and Neighbouring Act No 7 of 1999, as amended by the Financial Act No.1, of 2022 that established CopyrightManagementOrganizations(CMOS)tocollectanddistributeroyalties

In Zanzibar, the culture and creative sector is governed by the Companies Act, No. 15 of 2013 and the Copyright Act 2003. The laws related to the regulating employers and workers in the culture and creative sector are the Employment Act, No11/2005, Zanzibar Labour Relations Act, 2005, the Finance (Public Revenue Management) Act, No.13/2005 and the Skills and Development Levy (SDL), the Zanzibar Social Security Fund (Amendment) Act, 2008 (Act No. 12 of 2008), the Worker's Compensation(Amendment)Act, No.5/2005 and the Occupational Safety andHealthAct,No8/2005

In terms of promoting the working conditions of artists, Tanzania ratified 37 ILO Conventions of which 30 are in force. Labour matters are regulated by the ILO regulations that Tanzania has ratifiedandnationallawsandregulationssuchas:TheEmploymentandLabourRelationsAct,No 6 of 2004; Regulations on health and safety such as: Occupational Health and Safety Act, 2003, Occupational Health and Safety (Notification of Occupational Diseases, Injuries and Dangerous Occurrence) Rules, 2016 and Occupational Health and Safety (First aid And Welfare Facilities) Rules, 2015;Regulationsonsocialsecuritysuchas:NationalSocialSecurityFund Act, 1997 (last amended in 2015), Regulations on minors and youth such as : The Constitution of the United Republic of Tanzania, 1977 (amended in 2005) and Law of the Child Employment Act, 2009. However, due to the informality that characterises the arts and culture sector, these regulations aremainlyimplementedbyartsandcultureNGOandcreativebusinessesthatareformalized.

In the United Republic of Tanzania, the arts sector is governed by the laws and regulations of mainland Tanzania and Zanzibar. In mainland Tanzania, the culture and creative sector is governed by The National Arts Council Act of 1984, Company Act 2002 and the Copyright and Neighbouring Rights Act 1999. Other laws that impact on the arts sector are: Tanzania EmploymentandLabourRelationsAct,2004,IncomeTaxAct.ap365RE2019andtheSkillsand DevelopmentLevy(SDL),TheNationalSocialSecurityFundAct(Cap.50.R.E.2017),theWorkers Compensation Act No, 20 of 2008 Cap. 263 RE, the Occupational Health and Safety Act No 5, 2003, the Occupational Health and Safety (Notification of Occupational Diseases, Injuries and Dangerous Occurrence) Rules, 2016 and Occupational Health and Safety (First aid And Welfare Facilities) Rules, 2015. However, due to the informality that characterises the arts and culture sector,manyoftheseregulationsarenotadheredto.

Institutions

DepartmentofArts Development,MinistryofArts, CultureandSports(MACS)

Responsibilities

Supervisingandcoordinatingthepreparationofthe ArtDevelopmentPolicy Preparingtoprovideguidelinesformanagingthe implementationofArtandInnovationactivities. Todevelop,monitor,evaluateandmodifythe implementationofLawsandArtPolicyGuidelines

AccordingtoLawno.23of1984asamendedbyLawno. 5of2019,bywhichtheCouncilwascreated,theDuties oftheCouncilinclude:

ReviveandencouragethedevelopmentofArtworks DoingresearchonvariousaspectsofArt

Providingadviceandprofessionalassistanceto organizationsorpeopleinvolvedinartactivities. Coordinatingartactivitiescarriedoutbyvarious peopleorinstitutions

ProvideandstrengthentrainingprogramsforArt Stakeholder.

ToadvisetheGovernmentonmattersrelatedtothe developmentandproductionofworksofArt. ToencouragethedevelopmentofArtthrough Exhibitions,Competitions,Concerts,Workshopsand Seminars.

Establishing,collectingandstoringinformation, includingthoserelatedtopeople,organizations, institutions,equipmentandstructuresrelatedtothe Arts

RegisteringArtistsandallthoseinvolvedinArt activities

AsprovidedforunderSection47oftheCopyrightand NeighboringRightsAct,No7of1999(CAP218RE2002) thefunctionsoftheSocietyareasfollows:

CopyrightOfficeofTanzania (COSOTA)

Topromoteandprotecttheinterestsofauthors, performers,translators,producersofsound recordings,broadcasters,publishers,and,in particular,tocollectanddistributeanyroyaltiesor otherremunerationaccordedtotheminrespectof theirrightsprovidedforinthisAct.

NationalArtsCouncilTanzania /BASATA

4.6InstitutionalFrameworkoftheArtsSectorinTanzania

To maintain registers of works, productions and associations of authors, performers, translators, producers of sound recordings, broadcasters and publishers.

To search for, identify and publicize the rights of owners and give evidence of the ownership of these wherethereisadisputeoraninfringement.

To print, publish, issue or circulate any information, report, periodical, books, pamphlet, leaflet or any other material relating to copyright and rights of performers,producersofrecordingsandbroadcasters. ToadvisetheMinisteronallmattersunderthisAct.

TheFunctionsoftheBoardareasstipulatedbytheFilm andStagePlaysActNo.4of1976are;

Regulationoffilmmaking,documentaries,stageand radioplaysandanyothermatterconnectedtosuch Motionpicture,stageandradioplayscontent examination

Certificationandclassificationofvideos,films, documentaries,animations,stageandradioplays

Regulationofforeignandlocalmotionpicture,stage andradioplayspractitionersanddealers

Licensingofdistribution,exhibition,motionpicture, stageandradioplaysexhibitionvenues,libraries, studios,productioncompanies/individuals,distribution companies/individualsandon–linedistributionand exhibitioninfrastructure

Registrationofmotionpicture,stageandradioplays practitionersanddealers

Regulationofforeignandlocalstageplaysproduction andperformances

Regulationoflocalandinternationalmotionpicture festivalsandawards

Promotionofthefilmindustryatlarge

TheCulturalandArtsFundwasestablishedwiththe followingroles;

SupportingTanzanianartistseconomicallyby providingthemwithloansandgrants

UpliftTanzanianartistsintellectuallythroughproviding themwitheducation.

TanzaniaFilmBoard(TFB)

Mfuko wa Sanaa na Utamanduni/ Arts and Culture Fund

The Cultural and Arts Fund was established with the following roles;

Supporting Tanzanian artists economically by providing them with loans and grants

Uplift Tanzanian artists intellectually through providing them with education.

Universities i.e UDSM, UDOM, TUMAINI

Currently the department offers four undergraduate degree programmes namely BA in Theatre, BA in Music, BA in Art and Design, and BA in Film and Television Studies. The department also offers three four postgraduate degree programmes namely MA in Theatre, MA in Music, MA in Fine Art and PhD by research in music, theatre and Fine Art.

The main functions and objectives of TaSUBa are to develop and promote Tanzanian arts and culture and impart knowledge of the same to existing and future generations. The specific functions of TaSUBa are as follows;

TaSUBa

BAKITA

To offer high quality training programs learning facilities, multi-media, arts and culture production; To undertake consultancy services and research in arts and culture; and

To facilitate an efficient management of the Institute resources

Collaborating with other institutions in the United Republic of Tanzania that are involved in the development of the Kiswahili language and coordinating their work

To encourage the fluent use of the Kiswahili language and prevent its distortion.

5.0ASSESSINGTHESTATUSOFTHEARTISTINTANZANIA

5.1TrainingandEducationoftheArtist

The Tanzania Education and Training System is composed of two main channels, namely formal and non-formal education. The formal education and training system comprises 2 years of preprimary school, 7 years of primary education, 4 years of ordinary level, 2 years of advanced secondaryeducationandatleast3yearsofuniversityeducation[3].Provisionofnon-formalbasic educationiscurrentlyimplementedbythegovernmentincollaborationwithawiderangeoflocal, nationalandinternationalNGOs.Non-FormalEducation(NFE)programmesarenotmeanttobea parallelsystemoftheformalprimaryschool [4]Thetwosystemsaremeanttocomplementeach other and be linked to other social development programs in the community in order to ensure sustainability. However, in practice the two programmes, especially those operated by NGOs, usually lack synergy with the formal system and operate in an uncoordinated manner, with little or no guidance from the government[i][5] The local, national and international NGOs run and support a large number of non-formal basic education programmes, but most of them rely on donorfundingwhichmakesthemvulnerableintermsofsustainability.

TheimportanceofartseducationinTanzaniawasrealisedmainlyaftertheArushaDeclarationof 1967wheretheideaofEducationforSelf-Reliancetookovertheeducationpolicyofthecountry. This movement was in line with Article 27 of the Universal Declaration of Human Rights, which providedfortherightforpersonstoenjoyarts.

Later in 2008, the government of Tanzania introduced arts courses such as Theatre Arts in the high school syllabus as an examinable subject. This brought about the adoption of part of the 1997 Tanzania Cultural Policy. The goal of this action was to nurture the rise of a country that appreciatesandexploitsitsculture.[6]

The arts education curriculum was prepared by curriculum developers under the supervision of UniversityofDarsalaamundertheDepartmentofFineArts.[7]

This part of the study aimed at identifying and assessing the training opportunities, formal and informal education opportunities, including technical and vocational education and training (TVET),aswellaslife-longlearningopportunitiesforartistsinTanzania

5.1.1FormalArtEducation

Formal art education refers to structured programmes or courses of study that provide students with a comprehensive understanding of art theory, history, and practice This can include degrees, diplomas, or certificates obtained through universities, colleges, art schools, or other educationalinstitutions.

AccesstoformalarteducationinTanzaniaisalmostnon-existent

Until recently Formal arts education was only found in international schools and a few private schools, while in public schools the subject was not included in the curriculum. However, the Director of Arts Development in Tanzania currently gave an insight that as of May 2023 the government has released a draft of a new Education and Training Policy that aims at improving theeducationcurriculumfromearlychildhoodeducationtohighereducation.

Inthispolicydraft,artseducationwillbereintroducedinschools,startingfromprimaryeducation up to higher education. Additionally, arts subjects in secondary schools will be recognized as examinablesubjects.Ourmainworrynowthatartseducationhasbeenintegratedistheabsence ofartteachers.

However,attertiarylevel,oneofthefewknowninstitutionsthatprovidesformalarteducationis theBagamoyoArtsandCultureInstitute(TASUBA)

Establishment of an Arts Institute in Bagamoyo known as TASUBA (Taasisi ya Sanaa na Utamaduni Bagamoyo) which is a semi-autonomous governmental organisation in Bagamoyo Tanzania, for training, research and consultancy services in arts and culture. It was established by The United Republic of Tanzaniato "encourage the development of Tanzanian arts and Culture, to promote their use as a record of contemporary life and manners, to promote education about film, television and the moving image generally, and their impact on society”

5.1.2Non-formalArtEducation

Non-formal art education refers to learning through a programme that it is not usually evaluated and does not lead to certification. It takes place outside of a formal academic setting but within some kind of organisational framework., such as through workshops, community classes, artist residencies, mentorship, or self-directed study. This is the most common form of education in Tanzania, most artists acquire skills through training and workshops from artist residences or even self-directed studies. A good example of art residencies that provide training are Nafasi Art Space through the Nafasi Academy, , ASEDEVA, Action Music, CDEA (through workshops, incubationandacceleration),Goetheinstitute,BritishCouncilandAllianceFrancaise.

BestPracticesinrelationtoNon-FormalEducationofArtistsinTanzania

NAFASIACADEMY

A training programme for aspiring and emerging artists and cultural workers from underrepresented communities that aims to equip artists with the tools, knowledge, and skills critical to creating meaningful work and integrating into localandinternationalartcommunities.

CDEA’SFASHIONINCUBATOR

A platform that empowers artists, artisans and creative entrepreneurs to implement their artistic and business ideas. Creative entrepreneurs in fashion anddesignaccessories,filmandmusicindustriesareprovidedwithtechnicaland businessknowledgethatwillmakethemregionallycompetitive.

ASEDEVAACADEMY

Itisa spacewhereyoung producersleanhowto record mixand mastermusic, dancersastotrainandlearnvarioustechniques, It is a training, rehearsal and recording center of artists from a back ground of performingarts,audioandvisualarts

5.2FairRemuneration

The Constitution of the United Republic of Tanzania of 1977 under Article 22 provides for the righttowork

“everypersonhastherighttowork”[9]

Article23(1),statesthat:

“every person, without discrimination of any kind is entitled to remuneration commensuratewithhiswork,andallpersonsworkingaccordingtotheirabilityshall beremuneratedaccordingtothemeasureandqualityofhiswork”

2:“everypersonwhoworks,isentitledtojustremuneration”[10]

5.2.1FormalEmployment

Ihe International Labor Organization (ILO) defines formal employment as "a job that is recognized as such under the country's labor legislation and is subject to legal and regulatory provisions"[11]. That is; formal employment involves work that is regulated by laws and regulations,andthattheemploymentrelationshipisrecognizedbythegovernmentandissubject tolaborprotections.

AccordingtotheILO,formalemploymentalsoincludescertaincharacteristicssuchasregularand stable income, access to social protections such as health insurance and retirement benefits.

AccordingtotheNationalBureauofStatisticsofTanzania,bytheyear2020/21,24Millionpeople were employed in the formal sector, whereas among them only 19Million where from the Art industry.Thatisonly8.1%ofthepeopleemployedintheformalsectorswhereartists.[12]

5.2.2Informalemployment

The International Labor Organization (ILO) distinguishes formal employment from informal employmentinthefollowingmanner;“Informalemploymentreferstoworkthatisnotrecognized by laws and regulations, and where workers may lack access to social protections and legal remedies.” The informal employment can include self-employment, casual labor, and work in unregisteredorinformalbusinesses.

In Tanzania, the art industry is mostly considered an informal sector According the National Bureau of Statistic in Tanzania, among the 24 Million people employed in Tanzania, 10.1% are employed in the formal set of employment while 29.0% are employed in the informal sector, whereasamongthe29.0%ofpeopleemployedintheinformalsectors0.3%arepeoplefromthe artsandentertainmentsector[13]

NUMBEROFEMPLOYEES

In addition, a ILO study on promoting decent work in the African cultural and creative economy highlightstheinformalityoftheartssectorinAfrica,andincludesacasestudyoffashionsectorin Tanzania.[14]ThestudypointsthatThefashionsectorinTanzaniaischaracterisedbyinformality with the majority of garment makers as seasonal/part time, low skilled labour (pattern making, finishing)andworkerspaidatapiecerateearningmuchmorethanthemonthlypaidworkers.

Despite the fact that the art industry plays a big role in providing employment opportunities in Tanzania, Artists are still not held in high regard and art is considered more of a hobby than actual work. The following are some areas of interest in regards to artists just remuneration and accesstofinances;

5.2.3Contracts

In Tanzania contractual relations are governed by The Contract Act.[15] A contract is defined as a legally binding agreement between two or more parties, in which each party agrees to fulfil certain obligations or commitments. It can be either oral or written. Since most of the artist are freelances then contracts are the main things that determine how an artist is remunerated in accordanceofacertainartisticwork.

Despitecontractsbeing a crucial part ofan artist payment, theart industryin Tanzania isoneof thesectorsthatconstitutesverypoorcontractualrelations Mostartistsenterintounfaircontracts duetothefollowingreasons;

1. Lack of awareness to artists. Most of the artists in Tanzania are not conscious or rather aware of the proper contractual elements, making them vulnerable to manipulation by the stronger parties to the contract. Artists also tend not to involve lawyers for fear of paying legal fees.

2. Desperation. This is seen to be the highest reason for artists to subject themselves into unfairandpoorlyconstructedcontracts.MostartistsinTanzaniaaredrivenbypovertyandhence become desperate to enter into any contract without putting much regard on the future or permanent impact of the agreement he or she has signed. Mr. Adrian Nyangamale the President ofTanzaniaFederationforCraftsandArts(TAFCA)said:

,“Tanzanianartistsaredrivenbypovertyinsteadoffairagreementsandsecurity”

3. Unprofessionalism and Bias. This is highly found in the Film industry whereby agreements are mostly done orally and mainly by virtue of knowing the other person. Mr. Elia Mjatta, former presidentoftheTanzaniaFilmFederation(TAFF)said

“Artists in the film industry lack the power to demand contracts because they put friendships beforework,castingisbiasedandcastsinafilmtendtolivelikeafamily”

thisleavesroomforviolationofcontractualrightsbytheweakerpartyandinthiscasebeingthe artist.

5.3ArtistsAccesstoFinancing

Access to Financing refers to the ability of an individual or an entity to obtain funding or capital fromfinancialinstitutionssuchasbanksorcreditunions.

Thesefinancescanbeintheformofloans,grantsoranyotherkindoffinancialsupportthatcan begiventosupportartisticactivities,orprojects Duetothefactthatmostartistsarefreelancers, theydonothavestableincomesandproperbooksofaccounts,makingthemineligibletofunding suchasloansfrombanks.

BestPracticesrelatedtoAccesstoFinancing

In 2022 the government of Tanzania through the Ministry of Culture, Arts and Sports took an initiative to provide loans to artists through a fund of TZS39bn for period of 2021- 2023 through a cultural and arts fund known as “Mfuko wa UtamaduninaSanaa”inKiswahili.Thisinitiativewashighlyappreciatedasitwas onesteptowardsenablingartiststoaccessfinancingthroughanon-interestloan system

5.4IntellectualPropertyRights

Intellectual property rights refer to the legal ownership and control over creative works or inventions such as patents, trademarks, and copyrights. These rights are designed to promote and protect the creations of the mind. Mostly artistic and scientific innovations enjoy protection undertheintellectualpropertyrights.[16]

TanzaniaisamemberoftheAfricanRegionalIntellectualPropertyOrganization(ARIPO)andthe WorldIntellectualPropertyOrganization(WIPO).

The constitution of the United Republic of Tanzania provides for and allows ownership of intellectualpropertyandguaranteesitsprotection.

In Tanzania, copyrights are regulated by the Copyright and Neighbouring Act No 7 of 1999, as amended by the Financial Act No1, of 2022 that established Copyright Management Organizations (CMOS) to collect and distribute royalties. Whereas, the Copyright Office of Tanzania(COSOTA)isresponsiblefortheadministrationandregistrationofcopyrightsforpeople who are nationals or reside in Tanzania, CMOs have been established to carry out royalty collection and distribution[17] In April 2023 with a deadline of May 3, 2023, COSOTA made public advertisements targeting companies that are interested in applying for a licence to collect anddistributeroyalties.

BestPracticesrelatedtoIntellectualPropertyRightstoArtists

Establishment of a regulation to form CMO’s and revision of the Financial Act to allow CMO’s to collect and distribute royalties. In April 2023 with a deadline of May3,2023,COSOTAmadepublicadvertisementstargetingcompaniesthatare interestedinapplyingforalicencetocollectanddistributeroyalties.

Since art is a product of creation or imagination it is prone to copyright infringement, be it physicalordigital,whereas,asaresultoftechnologicaladvancementmostartisticworksarenow stored, published, broadcasted, even disseminated through digital platforms. Artists sell their works through YouTube, Spotify, AudioMack, Netflix and many other platforms. But the question iscanartistsfullyprotecttheirmoralandeconomicrightsinthedigitalplatforms?

1) Absence of a supranational authority to regulate digital piracy. Most countries try to regulate piracy within their state boundaries, this leaves room for copyright infringementwhenaviolatorisfoundbeyondthestateborders.

2) Itisverydifficulttotraceadigitalviolator.Despitestateactionstoregulatedigital violators such as the enactment of the Cybercrimes Act, digital piracy is still hard to trace.

In addition, many emerging artists perform for free at many events on the pretext that they are being given publicity. Others who are contracted to perform at events (festivals, sports events andhotels),donotbenefitfromroyalties,beyondtheircontract.Moreso,manycitiesinTanzania attractbothdomesticandinternationaltouristsduringsports(e.g.YangaandSimba)andcultural events (Fiesta, Zanzibar International Film Festival (ZIFF) and Sauti za Busara, but do not pay royalties to artists yet generate Value-added Tax for the government. Furthermore, the hotels that host guests do not pay royalties. Yet, these are avenues for guests to enjoy copyrighted productsandservicesthroughthetelevisionintheirrooms,musicinthelobby,artpiecesintheir roomsandbandsatthepoolside Thesecultural,recreationalandsportingactivitiesaretherefore notcopyright-friendly.

Failuretoprotectintellectualpropertyrights,bothmoralandeconomic,isalsoanotherstepback intherealisationofafairandjustremunerationsystemforartists

5.5SocialandEconomicRights

5.5.1SocialRights

Social rights are a set of rights that ensure individuals have access to basic necessities and resourcesrequiredtoleadadignifiedlifewithinsociety.[21]Theserightsaretypicallyconsidered tobefundamentalhumanrights,andtheyincludeaccesstobasiceducation,healthcare,housing, socialsecurity,food,water,andsanitation

5.5.2EconomicRights

Economic rights refer to the basic rights and freedoms that enable individuals to participate fully intheeconomiclifeoftheircommunityandtoenjoyadecentstandardofliving.Theserightsare recognized as essential for human dignity and for the development and well-being of individuals andcommunities.

Economic rights include the right to work, the right to just and favorable conditions of work, the righttoformandjointradeunions,therighttosocialsecurity,therighttoanadequatestandard ofliving,therighttothehighestattainablestandardofphysicalandmentalhealth,andtheright toeducation[22].

This part of the study includes discussions on social protection measures (health insurance, incomeprotectionduringnon-workingperiods,parentalleave,retirementbenefitsetc)andartists righttoorganiseintradeunionsandprofessionalassociations

In Tanzania, social and economic rights are enshrined in part three of The Constitution of The United Republic of Tanzania as Basic Rights and Duties. Tanzania is also a member of the InternationalConventionoftheEconomic,SocialandCulturalRights(ICESCR),aconventionthat requires state parties to take steps to ensure the protection and realisation of social and economic rights, and to ensure that they are progressively realised over time. That is through legislative and administrative measures, and that resources are allocated to ensure that individualsareabletoaccessthesebasicnecessitiesandresources.

Since the focus of this study is on artists, the following are the basic social and economic rights thatthisstudyhasfocusedon;

5.5.3SocialSecurity

This refers to a programme of social protection that is established by the government to provide income security to people in times of contingencies such as incapacitation, retirement, or unemployment. Social security programmes for artists in Tanzania are non -existent, artists are notsubjectedtoanyformofsocialprotectionbeithealthinsurance,orretirementbenefits With regard to the nature of the art industry, using Tanzania as a case study, lack of social security programmeshasleftartistsvulnerabletoextremepovertyintimesofunemployment,sicknessor old age. A good example is the current case of a Tanzanian comedy artist Ayubu Hamisi alias “ZIMWI” who is currently suffering from a serious heart disease and is struggling to fight for his health, while his only hope is vested to good Samaritans who can support him financially in this darkhour.

Therearelegendaryartistsliving throughextremepovertyatanold age, something whichcould beaddressedifartistsbelongedtoasocialsecurityprogrammeorscheme.

5.5.4TradeUnionsorProfessionalAssociations

These are organizations that represent the interests of workers and professionals, respectively. Trade unions and professional associations have a number of importance to include; Collective bargaining where the associations negotiate on behalf of the workers for better wages, benefits andworkingconditions,capacitybuildingandtrainingtoitsmembers,andadvocacyformembers rights.

InTanzania,artistsunionsexistedbeforetheenactmentoftheNationalArtsCouncil(BASATA)in 1930’s.After the establishment of BASATA Act of Parliament No. 23 of 1984 ,artists groups, unions and federations increased have been regulated by the National Arts Council regulations 2018 . It was almost compulsory for an artist to be a member of an association mainly for regulatory purposes by the ministry, it was also a way through which artists made connections andactedasaplatformforthemtoincreasevisibility.

There are a number of unions/associations found in the art sector in the country such as; Tanzaniaurbanmusicassociation(TUMA),TanzaniaDramaandFilmActorsAssociation(TDFAA), ChamachaMuzikiwaDansiTanzania(CHAMUDATA)andmanyother.

According to Mr. Adrain Nyangamale the President of TAFCA , as time goes by, the interest for artists to be part of artists group or associations is diminishing due to the fact that earlier artists could be members of one artists group or association without compulsorily being a member of another. Currently since artists are pressured to be members of BASATA, or the Tanzania Film Board,artistsfindthatbeingpartofartistsunionsorfederationsunnecessary.

Furthermore, there are conflicting initiatives and lack of decentralization of power from state authorities Institutions like BASATA and the Tanzania Film Board have failed to distribute power andcontroloftheirresponsibilitiestoartistsfederationsandunions.Thishasposedasaproblem as artists fail to establish the difference between unions or federations and institutions such as BASATA as they tend to almost have the same responsibilities. It is wise then to say that this artist federations/unions are not operating independently but rather affiliated with the government.

5.5.5MentalHealth

Mentalhealthreferstoaperson’soverallpsychologicalwell-being,whichincludestheiremotional, andsocialfunctioning.Goodmentalhealthinvolvestheabilitytocopewiththenormalstressesof life.Maintainhealthyrelationshipsandevenmakemeaningfulcontributionstothesociety.

Like in any other part of the world, artists in Tanzania are prone to encounter mental health problems such as depression, anxiety, bi-polar disorders and addiction to drugs and alcohol, this is mainly due to the nature of the creative industry which is sometimes referred to as the ‘happinessindustry’andpoorlifestylechoices.Thenumberofartistswithmentalhealthproblems in Tanzania is highly shocking. The following are some causes of mental health problems to artists:

Economicinstability. The art sector is expensive in its nature. Artists often work in industries that are unstable, with unpredictable income, irregular work hours, and limited access to benefits such as health insurance. Economic instability often times lead to financial insecurity, debtsanddifficultypayingforbasicnecessitiessuchashousing,food,andhealthcare Economic instability can also lead to a lack of recognition or support for their work, which can further generate feelings of anxiety, depression, or hopelessness, making it challenging for artists to pursue their creative passions, leading to feelings of frustration, low self-esteem, or loss of motivation. The Coronavirus pandemic for instance paved way to the increase of mentally unstable artists. The lockdown and restrictions such as no performances or gatherings made it difficultforartiststoaccessincomeleadingtofrustrationanddepression.

Societal pressure/ peer pressure. The art sector is clouded with the pressure of using different kind of drugs such as cocaine, cannabis, also known as marijuana and many other types Artists carry a lot of emotional baggage resulting from the pressure to align with the societal expectations of them. The society expects artists to entertain, teach, look elegant, lead anexpensivelifeandatthesametimemaintainahealthymentalspace.Inthequesttoalignto such expectations, artists tend to stretch beyond their limits or at times tend to bite more than they can chew leading to debts, which lead to frustrations that trigger addictions such as alcoholordrugstonumbtheirfrustrations.

In Tanzania, mental health problems to artists is a real problem, we have cases like that of a renowned musician called Vanessa Mdee, where in one of her podcasts she mentioned that the reason she decided to quit music was because of the societal pressure. She had anxiety issues whichlaterforcedherintoalcoholaddiction.WealsoseecaseslikethatofRashidAbdallahalias ChidiBenz,Joslinandmanyotherartists.

6.0 CHALLENGES

6.1 FormalArtEducation

Absenceofartschools/institutions: The number of schools or institutions that provide arts education is almost non-existent. This leads to an increase in artists who lack the basic artisticskillsandetiquettesorwhoareself-taught.

Absenceofartteachers:Thelackofteachertrainingcollegesdisruptsthesupplychainof art teachers. Furthermore, there has been a steady brain drain of the available art teachers who prefer to sell their skills abroad due to poor working conditions in the country. This is becauseartteachersarenotrespectedorevenappreciatedinthecountrymakingitatough sectorforonetoresortto

Lackofharmonisationofpolicies,lawsandregulationsgoverningartseducation. Artseducation is closely linked to culture, however, the current National Culturale Policy 1996andTanzaniaeducationpolicy arenotaligned Thishighlyaffectstheprovisionofarts education.

Artseducationisexpensive: Due to high demand and lack of art schools or institutions, artseducationisnotaffordabletomostofthestrugglingyoungartists

ArtseducationinTanzaniaissettoprovideartmanagersandnotpractitioners

6.2 Non-formalArtEducation

Nocertificationfortheirprogrammes: While NGOs carry out non-formal art education, it is not accredited to any formal education system. This means that for sectors that require formaltraining,theartistsarelockedoutoftheformalemploymentsystem

Donordependency:Non-formalarteducationprogrammesrunbyNGOsthatrelyondonor fundingcanbeaffectedbychangeindonorpriorities

6.3AccesstoFinancing

Intellectual property rights are non-tangible, it is difficult to quantify them. This makes it hardforartiststopackagetheirproposalsorinitiativeswhilepresentingtofinanciersmaking ithardtogetfunds.

Artistshavenotorganisedorratherpackagetheirproductsorservicesasseriousbusinesses for them to be guaranteed for financial support. Most artists tend to treat their works as hobbies.Thismakesithardforfinancierstobelieveiftheirinvestmentwillbereturned.

Lack of administrative structures in creative groups.[20] In Tanzania, a clear example taken from the Film industry, the leader of the group is responsible for everything, that is scriptwriting, casting, paying artists, booking and paying for locations. Most financiers such as bankersneedtoseeclearadministrationstructuresandnotaone-personoperation.

7.0RECOMMENDATIONS

7.1TrainingandEducation

Harmonisation of laws and policies: The Ministry of Education and Vocational Training and the Ministry of Culture, Arts and Sports should find a common ground and make new policies, laws and regulations that will ease the availability of arts education to both formal and non-formal arts education environments.

FormulationofCrushprogrammestokick-startartsteacherstrainingin2024: as a short-term strategy to cure the problem of absence of art teachers. The only arts training college in Tanzania is Mwanza and it has not been training arts teachers for a long time.

Improve working conditions for arts teachers: They should be appreciated and recognized as people doing decent work in order to retain such knowledge and talents within the country for the development of the arts sector. This is because teachers are a fundamental condition for guaranteeing quality education. Therefore, art teachers should be motivated, professionally qualified, and supported within well-resourced, efficient and effectively governed systems.[8]

Socialeducationonthesignificance ofartsandartseducation: Both state and other stakeholders should work on providing social awareness to the public on the significance and importance of arts and arts education to foster the idea of appreciating arts and arts education and giving it its true value. Arts and arts education should not be considered as a hobby but rather a form of decent work like science education. This is because arts education can help students to develop high-level cognitive and non-cognitive/transferable skills, such as problem solving, critical thinking, creativity, teamwork, communication skills and conflict resolution.

Government should support non-state organisations that provide arts education and not censor them. In the current state, where the country is highly lacking in providing or rather prioritising arts education, non-state organisations are the only institutions that have made an effort in conducting workshops and trainings to artists on various artistic skills and etiquettes, for those reasons the government should recognize and support such organisations and not censor them. The Tanzania Vocational Training Authority (VETA) should offer certification for arteducationprogrammesbeingofferedbyartandcultureorganisations

Scholarships programmes for young artists: Since arts education is expensive both governmentanddevelopmentpartnersshouldprovidescholarshipprogrammestoyoungartists withinoroutsidethecountryforthemtohaveaccesstoartseducation

7.2Contracts

Minimumwages(formalisingcontractsforartisticworks,productsandservices) like any other economic sector: Since art is not quantitative, factors to be considered when formalising artistic services prices can include quality of the work, hours of work, or even type of the work or product. Basic contracts should have rate cards depending on the artisticworkandsector.Thiswillhelpreducetherateofunfaircontractsintheindustryand assurefairremunerationtoartists.

Education: Both state and nonstate actors should take the initiative to raise awareness to artiststhroughworkshopsorseminarsoncontractsandcontractualrelations,theimportance of contracts in protection of their rights be it moral or economic rights, or even the importanceofcontractsinaccessingfundsfromfinancierssuchasbanks.

7.3AccesstoFinancing

Clear administrative structures: Artists should work in entities with clear administrative structures.Itisveryhardforfinancierssuchasbanksordevelopmentorganisationstowork with individual artists. Bankers or development organisations would like to see control mechanisms.Aregisteredentityiseasilytrustedandfundable.

While the sector is characterised by many challenges, there is potential for growth through investmentinthesector-humancapacitydevelopment,infrastructuredevelopment,business development and the linkages to the following value chains -tourism, broadcasting, textile andgarmentindustryandminingindustry.Therefore,the Tanzaniainvestmentcentre(TIC) should register the creative industry as a priority for investment. The culture and creative sector is highly underrated in the country despite it being one of the sectors that provide employmenttothemajorityofyoungpeopleandwomenthanothersectorsinTanzania.

Musicians and filmmakers can access financing if they aggregate as consortiums e.g. several film companies (including through regional collaboration projects) to access debt and equity from development banks e.g. Minimum of USD 2m to support co-productions and other segmentsofthefilmvaluechain.

7.4 IntellectualProperty

The government of Tanzania should make laws that foster the protection of intellectual property (copyright, trademarks and geographical indications) in order to catalyse a sustainable commercialization of intellectual property on the continent within the context of tradeingoodsandservicesintheAfricanContinentalFreeTradeArea(AfCFTA).

The government of Tanzania should enact a law for intellectual property. In addition, the government should create and enact IP securitization regulation and enforcement mechanismsforcreativeindustries.Theregulationcanbesetupthroughtheamendmentof the laws on securitization, financial law, corporate law, capital market law, and/or modification of bankruptcy and collateral laws. This should be supported by a capacity buildingprocessforIPexpertsonIPvaluation,whichwillenablelendersandartiststoknow thevalueoftheirIP.

The government of Tanzania should create movable asset registries that shows who owns what and for how long so the information can be used for collateralization and commercialization of IP Such registers could enable lenders to confirm ownership and value of an IP asset before a commercial transaction is made e.g. In 2017 the Movable Property Security Rights Bill was assented to and became law in Kenya, the law recognizes intangible assetssuchasIPandreceivablesascollateral.Justlikeabankcouldvalidatealandtitlewith alandregistryitcouldalsovalidateanintellectualpropertythroughtheseregistries

Formulation of a supranational authority to regulate digital piracy. This will make it easy to traceviolatorsandreducetheproblemofuncertainjurisdictionsofinfringingacts.

The CMOs that will soon be selected, should be provided with capacity building so to ensure operationalefficiencytobeabletolicencebroadcasters,DigitalServiceProviders(DSPs)and telecomscompaniesandcollectroyalties

Artist Federations should hold the new CMOs accountable in collecting and distributing royaltiesforallsectorse.g.film,music,performingartsandartandcraft.

CMOs adopt the approach of piloting the Copyright-Friendly Label for companies using copyrighted services as well as cultural and sporting events, with national and international appeal.TheCopyright-FriendlyLabelcanbeusedbyeventsorganisersasanethicalstandard toaccesssponsorshipsandinvestment

COSOTA and the Dar es Salaam City Council can pilot Dar es Salaam as a copyright-friendly city to position Dar es Salaam as an attractive destination for investment, tourism, conferences and other events, thereby strengthening the country’s brand and boosting its economy

SinceCopyrightisnotaunionmatter,theCopyrightSocietyofZanzibar(COSOMA)canpilot the concept of ‘copyright-friendly city’ linked to both Sauti za Busara, ZIFF and the hotel industry

BASATA ensure that contracts between artists and promoters/event organisers in Tanzania haveaCopyright-FriendlyLabel

BASATA and COSOTA to verify that event’s organisers in Tanzania have a Copyright-Friendly Label

Artists should consider being their royalty collectors for digital work. They can do this by registering their art using blockchain technology and selling it as non-fungible tokens (NFTs) asNFTsareseenasanewtrendtotradedigitalartinthefuture.ThisisbecauseNFTislike an authenticity certificate that indicates ownership of a specific work of art. NFT allows the artist to directly deal with the buyers. If the buyer seller the artwork to another buyer, the artistreceivesaroyaltyfromthetransaction.[19]

BestPractisesRelatedtoCopyright-FriendlyLabelinothercountries

CapeVerdeispilotingtheCopyright-friendlylabelasatooltoenhanceandfoster copyright compliance as an economic added value to users, cities and countries. Users that comply with paying royalties may request and be granted the label in order to position themselves as “copyright friendly”, boosting attractiveness, trust and their relationship with creators. The label is managed by a steering committee including the Ministry of Culture, the Ministry of Tourism and Transportation, the mayor of the city of Sal and municipalities in order to create asystemthatencouragesrespectingcopyrightandresponsibletourism.

7.5EconomicandSocialRights

Inordertoensurethesocialrightsofartistthefollowingarerecommended:

Establishing social security programmes for artists. These programmes will help them during contingenciessuchastimesofsickness,incapacitation,unemployment,andevenoldage.

Improveaccesstofinancestoartists Thiswillhelpreducetheproblemofeconomicinstability which will also reduce mental health problems in the art sector. Establish a mental health curriculum in schools. This will help not only artists but also the whole society at large be awareoftheproblemitscausesandhowtodealwithit.

Inordertoensuretheeconomicrightsofartistthefollowingarerecommended:

The government of Tanzania should adopt film tax incentive policies that will lead to increasedeconomicactivityduetofilmproductionsandhasindirectlyledtohigherconsumer spending and has generated economic activities beyond the productions which include increased tourism, industry infrastructure investment (studios, accommodations etc.), as well ashospitalityservices

The government of Tanzania should support the construction of industrial parks in special economic zones in order to develop the clothing and textile sector through increased productioncapacity

The government of Tanzania should provide tax incentives for the establishment of creative hubsthatpooltogethercreativetalentandprovidecapacitybuilding,creativeconveningsand events, facilitate export of creative talent and import of consumers through sustainable tourism

The government should improve working conditions for artists. The art sector is vulnerable, marginalised, unstable and its working conditions are very risky To stabilise the sector, both state and non -state actors should be champions at advocating for artists' decent working conditions,throughpolicies,workshops,andprojects.

Decentralisation of power by the government institutions to artists unions to increase flexibility, innovation and responsiveness of artists to see the importance of artist unions or associationsandfinallyjointhem

The cultural and creative industries are the major drivers of social and economic development. The creative sector highly contributes to the global economy, representing 3.1% of global GDP and6.2%ofallemploymentworldwide.[23]InTanzaniatotalentertainmentandmediarevenues reached USD496 million in 2017, having risen 28.2% year on year.[24] It was estimated that continuedmomentumatan18.3%CompoundAnnualGrowthRate(CAGR)wasestimatedtosee revenuereach US$1.1 billion in 2022, 2.3 timesthesizeofthe2017 figure. However, dueto the Covid-19pandemicin2020and2021,weexpectanadjustedforecastfor2023-2026.

Recognizingandprotectingthestatusofartistsisimportantinanycountryforseveralreasons:

Culturalenrichment:Artistscontributehighlytothediversityofculturalexpressions,afact whichisessentialtoahealthyandhappysociety.Byrecognizingandsupportingthestatusof artists,societycanbenefitfromtheircreativity,ideas,andperspectives,whichcanenrichour culture

Economic contribution: The arts sector is a significant contributor to the economy, generating jobs and income for individuals and communities. By recognizing and supporting thestatusofartists,societycancreateanenvironmentthatsupportstheartsandencourages investmentintheartssector.

Preservationofculturalheritage:Artistsplayacrucialroleinpreservingculturalheritage andtraditionsthroughtheirwork Byrecognizingandsupportingthestatusofartists,society can help preserve and protect the artistic heritage of past generations for the future generationstoenjoy.

Insummation,thismappingstudyprovidesanoverviewofthestatusoftheartistinTanzania A follow-up to this study will be to synthesize the policy actions identified that will be the basis for four ministerial policy roundtable discussion that will focus on the training, social security, labour conditions an access to finance for artists in Tanzania. The targeted ministries include: The MinistryofCulture,ArtsandSports,TheMinistryofEducationandVocationalTraining,ThePrime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities, The Ministry of Constitution and Legal Affairs, Ministry of Community Development, Gender, Women and Special Groups

Other agencies include: Tanzania Vocational Training Authority (VETA), Tanzania Revenue Authority, Tanzania Commission of Science and Technology, Tanzania Bureau of Statistics, NationalArtsCouncilTanzania/BASATA,CopyrightSocietyofTanzania(COSOTA)andCMOs.

ENDNOTES

[1]1980UNESCORecommendationconcerningtheStatusoftheArtist

[2]ibid

[3]URT.(1995).EducationandTrainingPolicy.DaresSalaam.MOEVT

[4]Mushi,P.A.K,Bhalalusesa,E.,&NFESub-TechnicalWorkingGroup.(2002).Non-formalEducationStatus Report(TanzaniaMainland) FinalReport DaresSalaam:Ecoprint

[5] McPherson, I. (2007). Tanzania Non-formal Education. Country Profile Prepared for EFA Global MonitoringReport2008,EducationforAllby2015:willwemakeit?Paris:UNESCO

[6]EastAfricanJournalofEducationStudies,Volume5,issue2,2022

[7]ibid

[8]https://campaignforeducation.org/en/key-frameworks/sdg-4-and-targets? gclid=CjwKCAjw9J2iBhBPEiwAErwpebzaOJzrjLYc9z1NmH2nkr rEgjfBHhhCs XsWkIl7BFhzRzWQ4sRoCgt8QAvD BwE

[9]CURT,1977

[10]ibid

[11]InternationalLaborOrganization

[12]IntegratedLabourForceSurvey2020/21,AnalyticalReport

[13]IntegratedLaborForceSurvey2020/21,AnalyticalReport

[14] Joffe and Wangusa (2021) Promoting decent work in the African cultural and creative economy, a studycommissionedbytheInternationalLabourOrganisation’sRegionalOfficeforAfrica(ROAF)

[15]Cap345,RE2019

[16]WorldIntellectualPropertyOrganization(WIPO)

[17] Copyright and Neighbouring Rights (Royalty Collection and Distribution) (Collective Management Organisations)https://wwwcosotagotz/uploads/documents/sw-1681821321Kanuni%20ya%20Ugawaji%20wa%20Mirabaha%20kwa%20Makampuni%20ya%20Kukusanya%20na%20 Kugawa%20Mirabahapdf

[18]DigitalCopyrightInfringementinTanzania,LawandPractice,AsheryMagalla.

[19]Ochai, O. (2022) ‘New opportunities and challenges for inclusive cultural and creative industries in the digital environment’ inRE|SHAPING POLICIES FOR CREATIVITY -Addressing culture and a public good, UNESCO:Paris

[20]TheEastAfricanMagazine,ChallengesoffundingcreativeindustriesinEastAfrica.

[21]InternationalConventiononEconomic,SocialandCulturalRights

[22]InternationalConventiononEconomic,SocialandCulturalRights

[23]UNESCO’s1980RecommendationconcerningthestatusoftheArtist

[24]PWC,https://www.pwc.co.za/en/assets/pdf/entertainment-and-media-outlook-2018-2022.pdf

ISBN978-9987-9684-4-2