Mapping Report on the Status of the Artist in Tanzania

MAPPING

REPORT

ON THE STATUS OF THE ARTIST IN TANZANIA

ISBN 978-9987-9684-4-2

Published in 2023 by the Culture and Development East Africa Plot 267 D, House 5 Mnadazagawa Street, Mbezi Beach A P.O Box 13355, Dar es Salaam, Tanzania CDEA 2023 ISBN 978-9987-9684-4-2 This publication is available in Open Access under the Creative Common Attribution-Non Commercial-ShareAlike (CC BY-NC-SA 3.0)

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EXECUTIVE SUMMARY Culture and Development East Africa (CDEA) is a creative think tank that provides cultural and Pan-African thought leadership for creative, social and scientist innovators to create and innovate through structured workplace learning, incubation, research and advocacy and capacity building for social change.

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 East Africa at large.

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 Programme and Documentary and Future.

In the Culture and Governance Programme, CDEA focuses on conducting cultural research and advocacy and promoting culture, economic & social development through projects that: promotes artists’ rights, peace building, creativity in cities and sustainable tourism.

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 artists events and promotion of nature-based solutions in the creative arts.

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 ARTISTIC RIGHTS” which aims at enhancing the policy and legislative landscape for the Tanzania 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 has conducted a mapping study on THE STATUS OF THE ARTIST IN TANZANIA. This study took place in the context of the UNESCO recommendation concerning the Status of the Artist which was adopted by the UNESCO General Conference at its twenty-first session in 1980 has identified challenges and made recommendations in the areas of: Training and education, fair remuneration, access to finance, intellectual property rights, social and economic rights.

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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, 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, National Arts Council Tanzania/BASATA, Copyright Society of Tanzania (COSOTA) and CMOs.

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ACRONYMS AND ABBREVIATIONS AACC

African Audiovisual and Cinema Commission

AfCFTA

African Continental Free Trade Area

AU

African Union

ASEDEVA

Art for Social and Economic Development in Africa

BAKITA

Baraza la Kiswahili la Taifa/ National Kiswahili Council

BASATA

Baraza la Sanaa la Taifa /National Arts Council Tanzania

BRELA

Business Registration and Licensing Agency

CDEA

Culture and Development East Africa

CCIs

Cultural and Creative Industries

CINT

Creative Industries Network Tanzania

COSOTA

Copyright Society of Tanzania

COSTECH

Commission for Science and Technology

CMOs

Copyright Management Organization

CMP

Common Market Protocol

EAC

East African Community

FGD

Focus Group Discussion

GDP

Gross Domestic Product

ICT

Information and Communication Technology

ILO

International Labour Organization

MCAS

Ministry of Culture, Arts, and Sports

MCDGWSG

Ministry of Community Development, Gender, Women, and Special Groups

MCLa

Ministry of Constitutional and Legal Affairs

MOEVT

Ministry of Education and Vocational Training

PMO

Prime Minister's Office

RECs

Regional Economic Communities

SADC

Southern Africa Development Community

TASUBa

Taasisi ya Sanaa na Utamaduni Bagamoyo

TARO

Tanzania Artists Rights Organization

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TBS

Tanzania Bureau of Statistics

UK DMCS

United Kingdom Department of Media, Culture and Sports

TFB

Tanzania Film Board

TRA

Tanzania Revenue Authority

UNCTAD

United Nations Conference for Trade and Development

UNESCO

United Nations Educational, Scientific and Cultural Organization

VAT

Value Added Tax

VETA

Vocational Education and Training Authority

WIPO

World Intellectual Property Organization

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TABLE OF CONTENTS EXECUTIVE SUMMARY....................................................................................................1 1.0 INTRODUCTION............................................................................................................7 1.1 Context............................................................................................................................7 1.2 Rationale of The Study....................................................................................................11 1.3 Objective........................................................................................................................12 1.4 Research questions.........................................................................................................12 2.0 METHODOLOGY ........................................................................................................ 13 2.1 Scope............................................................................................................................13 2.2 Study Design .................................................................................................................13 2.3 Data Collection Methods. ................................................................................................13 2.4 Limitations. ...................................................................................................................14 3.0 CONCEPTUALIZING THE ARTS IN TANZANIA...........................................................15 3.1 Definitional Issues Of The Of The Artist In Tanzania..........................................................15 3.2 From the Arts to the Cultural and Creative Industries (CCI)................................................16 4.0 THE POLICY AND LEGISLATIVE LANDSCAPE FOR ARTS THE TANZANIA.................18 4.1 International level...........................................................................................................18 4.2 Continental Level............................................................................................................18 4.3 Regional Level................................................................................................................19 4.4 National Policy Landscape................................................................................................21 4.5 Legislative Landscape......................................................................................................23 4.6 Institutional Framework of the Arts Sector in Tanzania......................................................23 5.0 ASSESSING THE STATUS OF THE ARTIST IN TANZANIA..........................................26 5.1 Training and Education of the Artist.................................................................................28 5.2 Fair Remuneration..........................................................................................................30 5.3 Artists Access to Financing...............................................................................................33 5.4 Intellectual Property Rights..............................................................................................34 5.5 Social and Economic Rights.............................................................................................35 6.0 CHALLENGES...............................................................................................................41 6.1 Formal Art Education.......................................................................................................39 6.2 Non-formal Art Education................................................................................................39 6.3 Access to Financing. ......................................................................................................39 7.0 RECOMMENDATIONS.................................................................................................41 7.1 Training and Education....................................................................................................41 7.2 Contracts........................................................................................................................42 7.3 Access to Financing.........................................................................................................42 7.4 Intellectual Property........................................................................................................43 7.5 Economic and Social Rights.............................................................................................44 8.0 CONCLUSION..........................................................................................................45 END NOTES...................................................................................................................47

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1.0 INTRODUCTION 1.1 Context In 1980, UNESCO Member States, including the United Republic of Tanzania, came up with a recommendation concerning the Status of the Artist, that called upon all UNESCO Member States 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, mobility and freedom of expression. The recommendations also recognize the right of artists to be organized in trade unions or professional organizations that can represent and defend the interests of their members.

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 engaged in a transversal approach to formulate effective policies. Member States are also invited to submit, every four years, a report on the implementation of the Recommendation within the framework of the global consultation carried out by UNESCO.

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Thematic Areas

Action Required

Responsible Policymaking Making Institution

Developing national or regional art institutes

Ministry of Culture, Arts and Sports

Granting of fellowships or paid educational leave to help artists access educational opportunities

Training

Ministry of Education, Science and Technology

Providing adequate learning facilities and infrastructures

Providing funding for digital hubs, incubators, and clusters that equip young people with technical skills.

Tanzania Commission for Science and Technology

Creating vocational and technical training programmes

Vocational Education and Training Authority

Establishing social security programmes for or accessible to artists (pension, health, accident, parental leave, unemployment insurance etc.); making special provisions for freelance artists;

Ministry of Culture, Arts and Sports & The Prime Minister’s Office - Labour, Youth, Employment and Persons with Disabilities

Aligning pension benefits and copyright income

The Prime Minister’s Office - Labour, Youth, Employment and Persons with Disabilities & Copyright Society of Tanzania (COSOTA)

Social Security

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Establishing special legal advisory services for artists.

The Ministry of Constitution and Legal Affairs

Developing and implementing National Arts Council Tanzania/ national legislations defining the BASATA status of the artist;

Ensuring the conditions of work and employment conform to standards defined by the International Labour Organisation (ILO)

Employment

Encouraging the formalisation of National Arts Council Tanzania/ contracts for artistic services BASATA

Eliminating precarious working conditions.

Undertaking advocacy campaigns for decent working conditions for artists

Income and TAX Condition

The Prime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities

Universal basic income and/or minimum income scheme for artists;

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The Prime Minister’s Office Labour, Youth, Employment and Persons with Disabilities & National Arts Council Tanzania/ BASATA The Prime Minister’s Office Labour, Youth, Employment and Persons with Disabilities

The Prime Minister’s Office Labour, Youth, Employment and Persons with Disabilities & National Arts Council, BASATA

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Tax exemptions, including for public grants paid to artists or on creative income.

Tax-free and duty-free import/export of artistic equipment

Tanzania Revenue Authority

Income tax averaging measures to account for income fluctuations

The Prime Minister’s Office – Labour, Youth, Employment and Persons with Disabilities & National Arts Council, BASATA

Remunerated residencies and fellowships to allow artists to develop their practice

National Arts Council, BASATA

Establishing a Copyright Friendly Label, a collective certification mark with economic value, which allows an entity (a city, community, organization, company, event, place, ecosystem) to stand out by highlighting its commitment and respect of copyright and remit royalties.

Gender Equality

Tanzania Revenue Authority

Implementing affirmative action measures to achieve gender parity, especially in leadership positions

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Copyright Management Organizations (CMOs) & Arts Federations

Ministry of Community Development, Gender, Women and Special Groups & National Arts Council, BASATA

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Establishing leadership or mentoring programmes for women, particularly in creative sub-sectors in which women are severely underrepresented.

Digital Environment

National Arts Council, BASATA

Developing initiatives to support the participation and representation of women in cultural life, especially those belonging to vulnerable groups.

Ministry of Community Development, Gender, Women and Special Groups & National Arts Council, BASATA

Monitoring gender equality by collecting genderdisaggregated data.

National Arts Council, BASATA & Tanzania Bureau of Statistics

Eliminating precarious labour practices in theculture sector that are incompatible with domestic care responsibilities.

The Prime Minister’s Office Labour, Youth, Employment and Persons with Disabilities & Ministry of Culture, Arts and Sports.

Designing economic models that fairly remunerate creators online, enterprises and markets,

Implementing policies to support digital creativity.

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Copyright Society of Tanzania (COSOTA)

Copyright Society of Tanzania (COSOTA) & Tanzania Commission for Science and Technology

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Reinforcing digital literally skills and competencies of artists;

Promoting artistic freedom and gender equality in the digital environment

Increasing access to equipment and infrastructures required to produce

Copyright Society of Tanzania (COSOTA) & Tanzania Commission for Science and Technology

disseminate and access creative works online

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 policymaking institutions to identify priority areas of action and the formulation of evidence-based policies.

1.2 Rationale of The Study 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 financial inclusion for artists.

As a result of this mapping study, the project will produce policy briefs to support policy dialogues 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. This study is also linked to Goal 4- Promote Human Rights and Fundamental Freedoms of 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 mapping studies with the potential stakeholders.

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1.3 Objectives Given the scale and scope of the study to the artist in Tanzania, the study invited representatives 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 representative voice for artists in Tanzania in their respective sub-sectors.

The study used the UNESCO Recommendation concerning the status of the artist as benchman to establish the situation in Tanzania.

1.4 Research questions 1.4.1 What is the status of training and education for the artist in Tanzania?

1.4.2 Do artists in Tanzania receive fair enumeration for their work?

1.4.3 Is there a conducive environment for access to financing for artists in Tanzania?

1.4.4 Do artists enjoy their intellectual property rights ?

1.4.5 Do artists benefit from social security programmes?

1.4.6 What are the benefits of artists belonging to arts association and or federations?

1.4.7 What is the mental health wellbeing of artists in Tanzania?

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2.0 METHODOLOGY 2.1 Scope Given the scale and scope of the study to the artist in Tanzania, the study invited representatives 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 representative voice for artists in Tanzania in their respective sub-sectors.

The study used the UNESCO Recommendation concerning the status of the artist as benchman to establish the situation in Tanzania.

2.2 Study Design In undertaking the study, CDEA collected primary and secondary data related to the status of the artist in mainland Tanzania. Available literature including other sector policies like education, labour, finance and technology was analysed. To fill any gaps in the literature review and make a deeper assessment of the status of the artist in Tanzania, a focus group discussion (FGD) was held with arts federation leaders and selected arts organisation representatives.

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, social and economic conditions, and financial inclusion for artists.

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

2.3 Data Collection Methods CDEA used a Focus Group Discussion (FGD) as a qualitative research method and data collection technique in which a selected group of people held an in-depth conversation on the status of the artist in Tanzania. The FGD was moderated by CDEA’s Programme Officer for Artists Rights, 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 of various art and culture management organisations in Dar es salaam.

The FGD was moderated by CDEA’s Programme Officer for Artists Rights, 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 of various art and culture management organisations in Dar es salaam.

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2.4 Limitation This research was able to have an embryonic understanding of the status of the artist in Tanzania, albeit with significant limitations.

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 organisations based in Dar es Salaam.

Secondly, the limited budget did not enable CDEA to have a wider consultation with artists in Tanzania. Nevertheless, the research is significant in that it provides key findings that present an opportunity to plan for more focused policy roundtables with key stakeholders from government and arts federation leaders.

Thirdly, other common limitations found along the course of the research were:

Some potential participants of the FGD were too busy during the window of this research 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 recreation services The absence of labour data for the artists in Tanzania

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3.0 CONCEPTUALIZING THE ARTS IN TANZANIA 3.1 Definitional Issues Of The Of The Artist In Tanzania Artist; any person who creates or gives creative expression to or re-creates works of art, who considers his artistic creation to be an essential part of his life, who contributes in his way to the development of art and culture and who is or asks to be recognized as an artist.

Status; signifies on one hand the regard accorded to artists in a society and on the other hand the recognition of the liberties and rights, including moral, economic, and social rights that artists should enjoy.

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 have a role to play in their implementation and monitoring around the world.

3.2 From the Arts to the Cultural and Creative Industries (CCI) While the 1980 UNESCO Recommendation Concerning the Status of the artist, uses the term, artist, it should be noted that between 1970and 2023, there has been a chronology of terms that describe creativity and the emergence of terms as seen in Figure 1.

Figure 1: The Trajectory of the Cultural and Creative Economy

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While in the 80s the term used by UNESCO was the arts, by time 2005 UNESCO convention was ratified the arts were describes as the cultural expression and describes cultural industries as: ‘to industries producing and distributing cultural goods or service…It refers to activities, goods and services, which at the time they are considered as a specific attribute, use or purpose, embody or 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 and market objectives” (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 definitions and states that the creative industries: Are the cycles of creation, production, and distribution of goods and services that use creativity and intellectual capital as primary inputs.

Constitute a set of knowledge-based activities, focused on but not limited to arts, potentially generating revenues from trade and intellectual property rights.

Comprise tangible products and intangible intellectual or artistic services with creative content, economic value and market objectives.

Are at the crossroad among the artisan, services and industrial sectors; and Constitute a new dynamic sector in world trade.

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 classification for the arts and cultural expressions applies a hybrid model of the Concentric Circles model, WIPO copyright model and UNCTAD model.

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Table 1: Classification of Creativity by Five Different Models

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4.0 THE POLICY AND LEGISLATIVE LANDSCAPE FOR ARTS THE TANZANIA 4.1 International level The UNCTAD Creative Economy Outlook Report (2022) indicates that new and emerging technologies have been transforming the creative economy. Artificial intelligence, for example, is used to personalize music and film preferences by some online platforms. Additive manufacturing, 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 that the COVID-19 pandemic accelerated the shift towards e-commerce and digital platforms and 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) with the National Museum of Tanzania.

4.2 Continental Level 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 opportunities for cross-border trade for artists and creative entrepreneurs in Tanzania.

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The Charter for African Cultural Renaissance (2006) remains a key document covering cultural policy on the continent for the AU. The Charter for African Cultural Renaissance is Africa’s premier 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 identity including the current work towards African museums and repatriation of African heritage.

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 culture in promoting peace and good governance.

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 strengthen cooperation between African States in the area of audiovisual and cinema. In addition, through the use of audiovisual and cinematic expressions, the AACC will promote creativity/innovation, integration, solidarity, respect of values, mutual understanding, foster peace 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) ratifications by Member States. The Tanzania Film Board (TFM) can take the lead in ensuring the government ratifies the statue so that it opens up opportunities for filmmakers in Tanzania.

The Revised AU Plan of Action for Cultural and Creative Industries (2008) guides the development 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. The plan sets out the priorities and paths for the development of African cultural and creative industries and provides a framework that allows for effective coordination of inputs from 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 the United Republic of Tanzania.

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4.3 Regional Level 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 States of the EAC region is provided for by Article 6 of 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 trade in services liberalization in the Community. This includes the “Schedule of Commitments on 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 EAC Partner States further agreed to make additional commitments, at a future date, to liberalize the following additional service sectors that were not covered by the initial commitments: which includes recreation, cultural and sporting services.

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 the AfCFTA and SADC Protocol on Trade in Services (PTIS) for recreational, cultural and sporting services. The lessons from the SADC study can provide inspiration for policy action for the EAC to 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 liberalizing of recreational, cultural and sporting services in the SADC and AfCFTA regions will also 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 exhibition opportunities for visual artists.

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4.4 National Policy Landscape Tanzania’s National Development Vision 2025 has been implemented through various Programmes and The Long-Term Perspective Plan 2011/12 - 2025/26 whose implementation was 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 an incentive for continuing to build a competitive and industrial economy for human development to achieve the goals of the Vision with the following attributes: improving the living conditions of Tanzanians; the existence of peace, security and unity; good governance and the rule of law; 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 Policy of Tanzania, 1996 and the Zanzibar Culture Policy, 2005. In mainland Tanzania, the cultural 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 development managed by the National Arts Council Tanzania, and film managed by the Tanzania Film Board.

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 Youth and, Culture, Arts and Sports. This mapping study focused on Tanzania mainland.

4.5 Legislative Landscape In June 2019, an amendment to the Copyright and Neighbouring Rights Act, through The Written 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 Copyright Management Organizations (CMOS) to collect and distribute royalties.

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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, No.11/2005, 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 and Health Act, No.8/2005.

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 ratified andnational laws and regulations such as: The Employment and Labour Relations Act, 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; Regulations on social security such as: National Social Security Fund 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 are mainly implemented by arts and culture NGO and creative businesses that are formalized.

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 Employment and Labour Relations Act, 2004, Income Tax Act. ap 365 RE 2019 and the Skills and Development Levy (SDL), The National Social Security Fund Act (Cap. 50.R.E. 2017), the Workers 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, many of these regulations are not adhered to.

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4.6 Institutional Framework of the Arts Sector in Tanzania Institutions

Responsibilities

Department of Arts Development, Ministry of Arts, Culture and Sports (MACS)

Supervising and coordinating the preparation of the Art Development Policy Preparing to provide guidelines for managing the implementation of Art and Innovation activities.

To develop, monitor, evaluate and modify the implementation of Laws and Art Policy Guidelines According to Law no. 23 of 1984 as amended by Law no.

5 of 2019, by which the Council was created, the Duties of the Council include:

National Arts Council Tanzania /BASATA

Revive and encourage the development of Art works Doing research on various aspects of Art Providing advice and professional assistance to organizations or people involved in art activities.

Coordinating art activities carried out by various people or institutions Provide and strengthen training programs for Art Stakeholder.

To advise the Government on matters related to the development and production of works of Art. To encourage the development of Art through Exhibitions, Competitions, Concerts, Workshops and Seminars.

Establishing, collecting and storing information, including those related to people, organizations, institutions, equipment and structures related to the Arts Registering Artists and all those involved in Art activities

As provided for under Section 47 of the Copyright and Neighboring Rights Act, No.7 of 1999 (CAP 218 RE 2002). the functions of the Society are as follows: Copyright Office of Tanzania (COSOTA)

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To promote and protect the interests of authors, performers, translators, producers of sound recordings, broadcasters, publishers, and, in particular, to collect and distribute any royalties or other remuneration accorded to them in respect of their rights provided for in this Act. Pg. 23

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 where there is a dispute or an infringement.

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

To advise the Minister on all matters under this Act. The Functions of the Board are as stipulated by the Film and Stage Plays Act No. 4 of 1976 are;

Tanzania Film Board (TFB)

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Regulation of film making, documentaries, stage and radio plays and any other matter connected to such Motion picture, stage and radio plays content examination Certification and classification of videos, films, documentaries, animations, stage and radio plays Regulation of foreign and local motion picture, stage and radio plays practitioners and dealers Licensing of distribution, exhibition, motion picture, stage and radio plays exhibition venues, libraries, studios, production companies/individuals, distribution companies/individuals and on–line distribution and exhibition infrastructure Registration of motion picture, stage and radio plays practitioners and dealers Regulation of foreign and local stage plays production and performances Regulation of local and international motion picture festivals and awards Promotion of the film industry at large 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.

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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

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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.

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5.0 ASSESSING THE STATUS OF THE ARTIST IN TANZANIA 5.1 Training and Education of the Artist 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 secondary education and at least 3 years of university education[3]. Provision of non-formal basic education is currently implemented by the government in collaboration with a wide range of local, national and international NGOs. Non-Formal Education (NFE) programmes are not meant to be a parallel system of the formal primary school. [4] The two systems are meant to complement each 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 donor funding which makes them vulnerable in terms of sustainability.

The importance of arts education in Tanzania was realised mainly after the Arusha Declaration of 1967 where the idea of Education for Self-Reliance took over the education policy of the country.

This movement was in line with Article 27 of the Universal Declaration of Human Rights, which provided for the right for persons to enjoy arts.

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 appreciates and exploits its culture.[6] The arts education curriculum was prepared by curriculum developers under the supervision of University of Dar salaam under the Department of Fine Arts.[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), as well as life-long learning opportunities for artists in Tanzania

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5.1.1 Formal Art Education 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 educational institutions.

Access to formal art education in Tanzania is almost non-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 the education curriculum from early childhood education to higher education.

In this policy draft, arts education will be reintroduced in schools, starting from primary education up to higher education. Additionally, arts subjects in secondary schools will be recognized as examinable subjects. Our main worry now that arts education has been integrated is the absence of art teachers.

However, at tertiary level, one of the few known institutions that provides formal art education is the Bagamoyo Arts and Culture Institute (TASUBA) Best Practices in relation to Formal Education of the Artist in Tanzania 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 Tanzania to "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”

5.1.2 Non-formal Art Education 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, incubation and acceleration), Goethe institute, British Council and Alliance Francaise.

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Best Practices in relation to Non-Formal Education of Artists in Tanzania

NAFASI ACADEMY 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 local and international art communities.

CDEA’S FASHION INCUBATOR A platform that empowers artists, artisans and creative entrepreneurs to implement their artistic and business ideas. Creative entrepreneurs in fashion and design accessories, film and music industries are provided with technical and business knowledge that will make them regionally competitive.

ASEDEVA ACADEMY It is a space where young producers lean how to record mix and master music, dancers as to train and learn various techniques, It is a training, rehearsal and recording center of artists from a back ground of performing arts, audio and visual arts.

5.2 Fair Remuneration The Constitution of the United Republic of Tanzania of 1977 under Article 22 provides for the right to work “every person has the right to work”[9] Article 23(1), states that: “every person, without discrimination of any kind is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and quality of his work” 2: “every person who works, is entitled to just remuneration”[10]

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5.2.1 Formal Employment 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, and that the employment relationship is recognized by the government and is subject to labor protections.

According to the ILO, formal employment also includes certain characteristics such as regular and stable income, access to social protections such as health insurance and retirement benefits.

According to the National Bureau of Statistics of Tanzania, by the year 2020/21, 24 Million people were employed in the formal sector, whereas among them only 1.9Million where from the Art industry. That is only 8.1% of the people employed in the formal sectors where artists.[12] Artists 8%

Others 92%

5.2.2 Informal employment The International Labor Organization (ILO) distinguishes formal employment from informal employment in the following manner; “Informal employment refers to work that is not recognized 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 unregistered or informal businesses.

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, where as among the 29.0% of people employed in the informal sectors 0.3% are people from the arts and entertainment sector.[13]

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NUMBER OF EMPLOYEES

Formal Employment 29%

Other Forms 61% Informal Employment 10%

In addition, a ILO study on promoting decent work in the African cultural and creative economy highlights the informality of the arts sector in Africa, and includes a case study offashion sector in Tanzania.[14] The study points that The fashion sector in Tanzania is characterised by informality with the majority of garment makers as seasonal/part time, low skilled labour (pattern making, finishing) and workers paid at a piece rate earning much more than the monthly paid workers.

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 access to finances;

5.2.3 Contracts 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 accordance of a certain artistic work.

Despite contracts being a crucial part of an artist payment, the art industry in Tanzania is one of the sectors that constitutes very poor contractual relations. Most artists enter into unfair contracts due to the following reasons;

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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 unfair and poorly constructed contracts. Most artists in Tanzania are driven by poverty and hence 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 of Tanzania Federation for Crafts and Arts (TAFCA) said: , “Tanzanian artists are driven by poverty instead of fair agreements and security” 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 president of the Tanzania Film Federation (TAFF) said “Artists in the film industry lack the power to demand contracts because they put friendships before work, casting is biased and casts in a film tend to live like a family” this leaves room for violation of contractual rights by the weaker party and in this case being the artist.

5.3 Artists Access to Financing Access to Financing refers to the ability of an individual or an entity to obtain funding or capital from financial institutions such as banks or credit unions.

These finances can be in the form of loans, grants or any other kind of financial support that can be given to support artistic activities, or projects. Due to the fact that most artists are freelancers, they do not have stable incomes and proper books of accounts, making them ineligible to funding such as loans from banks.

Best Practices related to Access to Financing 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 TZS3.9bn for period of 2021- 2023 through a cultural and arts fund known as “Mfuko wa Utamaduni na Sanaa” in Kiswahili. This initiative was highly appreciated as it was one step towards enabling artists to access financing through a non-interest loan system.

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5.4 Intellectual Property Rights 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 under the intellectual property rights.[16] Tanzania is a member of the African Regional Intellectual Property Organization (ARIPO) and the World Intellectual Property Organization (WIPO).

The constitution of the United Republic of Tanzania provides for and allows ownership of intellectual property and guarantees its protection.

In Tanzania, copyrights are regulated by the Copyright and Neighbouring Act No 7 of 1999, as amended by the Financial Act No.1, of 2022 that established Copyright Management Organizations (CMOS) to collect and distribute royalties. Whereas, the Copyright Office of Tanzania (COSOTA) is responsible for the administration and registration of copyrights for people 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 and distribute royalties.

Best Practices related to Intellectual Property Rights to Artists 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 May 3, 2023, COSOTA made public advertisements targeting companies that are interested in applying for a licence to collect and distribute royalties.

Since art is a product of creation or imagination it is prone to copyright infringement, be it physical or digital, whereas, as a result of technological advancement most artistic works are now stored, published, broadcasted, even disseminated through digital platforms. Artists sell their works through YouTube, Spotify, AudioMack, Netflix and many other platforms. But the question is can artists fully protect their moral and economic rights in the digital platforms?

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 infringement when a violator is found beyond the state borders.

2) It is very difficult to trace a digital violator. Despite state actions to regulate digital violators such as the enactment of the Cybercrimes Act, digital piracy is still hard to trace.

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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 and hotels), do not benefit from royalties, beyond their contract. More so, many cities in Tanzania attract both domestic and international tourists during sports (e.g. Yanga and Simba)and cultural 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 products and services through the television in their rooms, music in the lobby, art pieces in their rooms and bands at the poolside. These cultural, recreational and sporting activities are therefore not copyright-friendly.

Failure to protect intellectual property rights, both moral and economic, is also another step back in the realisation of a fair and just remuneration system for artists.

5.5 Social and Economic Rights 5.5.1 Social Rights Social rights are a set of rights that ensure individuals have access to basic necessities and resources required to lead a dignified life within society.[21] These rights are typically considered to be fundamental human rights, and they include access to basic education, healthcare, housing, social security, food, water, and sanitation.

5.5.2 Economic Rights Economic rights refer to the basic rights and freedoms that enable individuals to participate fully in the economic life of their community and to enjoy a decent standard of living. These rights are recognized as essential for human dignity and for the development and well-being of individuals and communities.

Economic rights include the right to work, the right to just and favorable conditions of work, the right to form and join trade unions, the right to social security, the right to an adequate standard of living, the right to the highest attainable standard of physical and mental health, and the right to education[22].

This part of the study includes discussions on social protection measures (health insurance, income protection during non-working periods, parental leave, retirement benefits etc) and artists right to organise in trade unions and professional associations 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 International Convention of the Economic, Social and Cultural Rights (ICESCR), a convention that 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 individuals are able to access these basic necessities and resources.

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

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5.5.3 Social Security 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 not subjected to any form of social protection be it health insurance, or retirement benefits. With regard to the nature of the art industry, using Tanzania as a case study, lack of social security programmes has left artists vulnerable to extreme poverty in times of unemployment, sickness or 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 dark hour.

There are legendary artists living through extreme poverty at an old age, something which could be addressed if artists belonged to a social security programme or scheme.

5.5.4 Trade Unions or Professional Associations 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 and working conditions, capacity building and training to its members, and advocacy for members rights.

In Tanzania, artists unions existed before the enactment of the National Arts Council (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 and acted as a platform for them to increase visibility.

There are a number of unions/associations found in the art sector in the country such as; Tanzania urban music association (TUMA), Tanzania Drama and Film Actors Association (TDFAA), Chama cha Muziki wa Dansi Tanzania (CHAMUDATA) and many other.

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, artists find that being part of artists unions or federations unnecessary.

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 and control of their responsibilities to artists federations and unions. This has posed as a problem 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.

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5.5.5 Mental Health Mental health refers to a person’s overall psychological well-being, which includes their emotional, and social functioning. Good mental health involves the ability to cope with the normal stresses of life. Maintain healthy relationships and even make meaningful contributions to the society.

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 ‘happiness industry’ and poor lifestyle choices. The number of artists with mental health problems in Tanzania is highly shocking. The following are some causes of mental health problems to artists:

Economic instability. 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, debts and difficulty paying for basic necessities such as housing, food, and healthcare. 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 difficult for artists to access income leading to frustration and depression.

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 an expensive life and at the same time maintain a healthy mental space. In the quest to align to 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 alcohol or drugs to numb their frustrations.

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 which later forced her into alcohol addiction. We also see cases like that of Rashid Abdallah alias Chidi Benz, Joslin and many other artists.

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6.0 CHALLENGES 6.1 Formal Art Education Absence of art schools/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 artistic skills and etiquettes or who are self-taught.

Absence of art teachers: The lack of teacher training colleges disrupts the supply chain of 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 because art teachers are not respected or even appreciated in the country making it a tough sector for one to resort to.

Lack of harmonisation of policies, laws and regulations governing arts education.

Arts education is closely linked to culture, however, the current National Culturale Policy 1996 and Tanzania education policy are not aligned. This highly affects the provision of arts education.

Arts education is expensive: Due to high demand and lack of art schools or institutions, arts education is not affordable to most of the struggling young artists.

Arts education in Tanzania is set to provide art managers and not practitioners

6.2 Non-formal Art Education No certification for their programmes: While NGOs carry out non-formal art education, it is not accredited to any formal education system. This means that for sectors that require formal training, the artists are locked out of the formal employment system Donor dependency: Non-formal art education programmes run by NGOs that rely on donor funding can be affected by change in donor priorities

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6.3 Access to Financing Intellectual property rights are non-tangible, it is difficult to quantify them. This makes it hard for artists to package their proposals or initiatives while presenting to financiers making it hard to get funds.

Artists have not organised or rather package their products or services as serious businesses for them to be guaranteed for financial support. Most artists tend to treat their works as hobbies. This makes it hard for financiers to believe if their investment will be returned.

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 bankers need to see clear administration structures and not a one -person operation.

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7.0 RECOMMENDATIONS 7.1 Training and Education 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.

Formulation of Crush programmes to kick-start arts teachers training in 2024: 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] Social education on the significance of arts and arts education: 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 art education programmes being offered by art and culture organisations.

Scholarships programmes for young artists: Since arts education is expensive both government and development partners should provide scholarship programmes to young artists within or outside the country for them to have access to arts education.

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7.2 Contracts Minimum wages (formalising contracts for artistic works, products and services) 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 artistic work and sector. This will help reduce the rate of unfair contracts in the industry and assure fair remuneration to artists.

Education: Both state and nonstate actors should take the initiative to raise awareness to artists through workshops or seminars on contracts and contractual relations, the importance of contracts in protection of their rights be it moral or economic rights, or even the importance of contracts in accessing funds from financiers such as banks.

7.3 Access to Financing Clear administrative structures: Artists should work in entities with clear administrative structures. It is very hard for financiers such as banks or development organisations to work with individual artists. Bankers or development organisations would like to see control mechanisms. A registered entity is easily trusted and fundable.

While the sector is characterised by many challenges, there is potential for growth through investment in the sector -human capacity development, infrastructure development, business development and the linkages to the following value chains -tourism, broadcasting, textile and garment industry and mining industry. Therefore, the Tanzania investment centre (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 employment to the majority of young people and women than other sectors in Tanzania.

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 segments of the film value chain.

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7.4 Intellectual Property 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 trade in goods and services in the African Continental Free Trade Area (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 mechanisms for creative industries. The regulation can be set up through the amendment of 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 building process for IP experts on IP valuation, which will enable lenders and artists to know the value of their IP. 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 assets such as IP and receivables as collateral. Just like a bank could validate a land title with a land registry it could also validate an intellectual property through these registries.

Formulation of a supranational authority to regulate digital piracy. This will make it easy to trace violators and reduce the problem of uncertain jurisdictions of infringing acts.

The CMOs that will soon be selected, should be provided with capacity building so to ensure operational efficiency to be able to licence broadcasters, Digital Service Providers (DSPs) and telecoms companies and collect royalties Artist Federations should hold the new CMOs accountable in collecting and distributing royalties for all sectors e.g. film, music, performing arts and art and craft.

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. The Copyright-Friendly Label can be used by events organisers as an ethical standard to access sponsorships and investment 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.

Since Copyright is not a union matter, the Copyright Society of Zanzibar (COSOMA) can pilot the concept of ‘copyright-friendly city’ linked to both Sauti za Busara, ZIFF and the hotel industry.

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BASATA ensure that contracts between artists and promoters/event organisers in Tanzania have a Copyright-Friendly Label 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) as NFTs are seen as a new trend to trade digital art in the future. This is because NFT is like 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 artist receives a royalty from the transaction.[19]

Best Practises Related to Copyright-Friendly Label in other countries Cape Verde is piloting the Copyright-friendly label as a tool to enhance and foster 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 a system that encourages respecting copyright and responsible tourism.

7.5 Economic and Social Rights In order to ensure the social rights of artist the following are recommended: Establishing social security programmes for artists. These programmes will help them during contingencies such as times of sickness, incapacitation, unemployment, and even old age.

Improve access to finances to artists. This will help reduce the problem of economic instability 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 aware of the problem its causes and how to deal with it.

In order to ensure the economic rights of artist the following are recommended:

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The government of Tanzania should adopt film tax incentive policies that will lead to increased economic activity due to film productions and has indirectly led to higher consumer spending and has generated economic activities beyond the productions which include increased tourism, industry infrastructure investment (studios, accommodations etc.), as well as hospitality services.

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 production capacity.

The government of Tanzania should provide tax incentives for the establishment of creative hubs that pool together creative talent and provide capacity building, creative convenings and 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, through policies, workshops, and projects.

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 associations and finally join them

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8.0 CONCLUSION 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 and 6.2% of all employment worldwide.[23] In Tanzania total entertainment and media revenues reached USD496 million in 2017, having risen 28.2% year on year.[24] It was estimated that continued momentum at an 18.3% Compound Annual Growth Rate (CAGR) was estimated to see revenue reach US$1.1 billion in 2022, 2.3 times the size of the 2017 figure. However, due to the Covid-19 pandemic in 2020 and 2021, we expect an adjusted forecast for 2023-2026.

Recognizing and protecting the status of artists is important in any country for several reasons: Cultural enrichment: Artists contribute highly to the diversity of cultural expressions, a fact which is essential to a healthy and happy society. By recognizing and supporting the status of artists, society can benefit from their creativity, ideas, and perspectives, which can enrich our 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 the status of artists, society can create an environment that supports the arts and encourages investment in the arts sector.

Preservation of cultural heritage: Artists play a crucial role in preserving cultural heritage and traditions through their work. By recognizing and supporting the status of artists, society can help preserve and protect the artistic heritage of past generations for the future generations to enjoy.

In summation, this mapping study provides an overview of the status of the artist in Tanzania. 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 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, 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, National Arts Council Tanzania/BASATA, Copyright Society of Tanzania (COSOTA) and CMOs.

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END NOTES [1] 1980 UNESCO Recommendation concerning the Status of the Artist [2] ibid [3] URT. (1995). Education and Training Policy. Dar es Salaam. MOEVT [4]Mushi, P.A.K, Bhalalusesa, E., & NFE Sub-Technical Working Group.(2002). Non-formal Education Status Report (Tanzania Mainland). Final Report. Dar es Salaam: Ecoprint [5] McPherson, I. (2007). Tanzania Non-formal Education. Country Profile Prepared for EFA Global Monitoring Report 2008, Education for All by 2015: will we make it? Paris: UNESCO [6] East African Journal of Education Studies, Volume 5, issue 2,2022 [7] ibid [8]https://campaignforeducation.org/en/key-frameworks/sdg-4-and-targets? gclid=CjwKCAjw9J2iBhBPEiwAErwpebzaOJzrjLYc9z1NmH2nkr_rEgjfBHhhCs_XsWkIl7BFhzRzWQ4sRoCgt8QAvD_BwE [9] CURT,1977 [10] ibid [11] International Labor Organization [12] Integrated Labour Force Survey 2020/21, Analytical Report.

[13] Integrated Labor Force Survey 2020/21, Analytical Report [14] Joffe and Wangusa (2021) Promoting decent work in the African cultural and creative economy, a study commissioned by the International LabourOrganisation’s Regional Office for Africa (ROAF) [15] Cap 345, R.E 2019 [16] World Intellectual Property Organization (WIPO) [17] Copyright and Neighbouring Rights (Royalty Collection and Distribution) (Collective Management Organisations)https://www.cosota.go.tz/uploads/documents/sw-1681821321Kanuni%20ya%20Ugawaji%20wa%20Mirabaha%20kwa%20Makampuni%20ya%20Kukusanya%20na%20 Kugawa%20Mirabaha.pdf [18] Digital Copyright Infringement in Tanzania, Law and Practice, 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] The East African Magazine, Challenges of funding creative industries in East Africa.

[21] International Convention on Economic, Social and Cultural Rights [22] International Convention on Economic, Social and Cultural Rights [23] UNESCO’s 1980 Recommendation concerning the status of the Artist.

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

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ISBN 978-9987-9684-4-2

Eco Sanaa Hub Mbezi Beach A, P.O.Box 13355, Dar-es-salaam Tanzania www.cdea.or.tz This report is made possible with Support from Norwegian Embassy Dar es Salaam