4.3RegionalLevel

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

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

4.4NationalPolicyLandscape

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

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

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

4.5LegislativeLandscape

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

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

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

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

Institutions

DepartmentofArts Development,MinistryofArts, CultureandSports(MACS)

Responsibilities

Supervisingandcoordinatingthepreparationofthe ArtDevelopmentPolicy Preparingtoprovideguidelinesformanagingthe implementationofArtandInnovationactivities. Todevelop,monitor,evaluateandmodifythe implementationofLawsandArtPolicyGuidelines

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

ReviveandencouragethedevelopmentofArtworks DoingresearchonvariousaspectsofArt

Providingadviceandprofessionalassistanceto organizationsorpeopleinvolvedinartactivities. Coordinatingartactivitiescarriedoutbyvarious peopleorinstitutions

ProvideandstrengthentrainingprogramsforArt Stakeholder.

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

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

RegisteringArtistsandallthoseinvolvedinArt activities

AsprovidedforunderSection47oftheCopyrightand NeighboringRightsAct,No7of1999(CAP218RE2002) thefunctionsoftheSocietyareasfollows:

CopyrightOfficeofTanzania (COSOTA)

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

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

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

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

TheFunctionsoftheBoardareasstipulatedbytheFilm andStagePlaysActNo.4of1976are;

Regulationoffilmmaking,documentaries,stageand radioplaysandanyothermatterconnectedtosuch Motionpicture,stageandradioplayscontent examination

Certificationandclassificationofvideos,films, documentaries,animations,stageandradioplays

Regulationofforeignandlocalmotionpicture,stage andradioplayspractitionersanddealers

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

Registrationofmotionpicture,stageandradioplays practitionersanddealers

Regulationofforeignandlocalstageplaysproduction andperformances

Regulationoflocalandinternationalmotionpicture festivalsandawards

Promotionofthefilmindustryatlarge

TheCulturalandArtsFundwasestablishedwiththe followingroles;

SupportingTanzanianartistseconomicallyby providingthemwithloansandgrants

UpliftTanzanianartistsintellectuallythroughproviding themwitheducation.

Mfuko wa Sanaa na Utamanduni/ Arts and Culture Fund

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

Supporting Tanzanian artists economically by providing them with loans and grants

Uplift Tanzanian artists intellectually through providing them with education.

Universities i.e UDSM, UDOM, TUMAINI

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

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

TaSUBa

BAKITA

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

To facilitate an efficient management of the Institute resources

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

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

5.0ASSESSINGTHESTATUSOFTHEARTISTINTANZANIA

5.1TrainingandEducationoftheArtist

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

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

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

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

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

5.1.1FormalArtEducation

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

AccesstoformalarteducationinTanzaniaisalmostnon-existent

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

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

However,attertiarylevel,oneofthefewknowninstitutionsthatprovidesformalarteducationis theBagamoyoArtsandCultureInstitute(TASUBA)

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

5.1.2Non-formalArtEducation

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

BestPracticesinrelationtoNon-FormalEducationofArtistsinTanzania

Nafasiacademy

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

CDEA’SFASHIONINCUBATOR

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

ASEDEVAACADEMY

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

5.2FairRemuneration

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

“everypersonhastherighttowork”[9]

Article23(1),statesthat:

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

2:“everypersonwhoworks,isentitledtojustremuneration”[10]

5.2.1FormalEmployment

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

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

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

5.2.2Informalemployment

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

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

Numberofemployees

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

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

5.2.3Contracts

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

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

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

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

,“Tanzanianartistsaredrivenbypovertyinsteadoffairagreementsandsecurity”

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

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

5.3ArtistsAccesstoFinancing

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

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

BestPracticesrelatedtoAccesstoFinancing

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

5.4IntellectualPropertyRights

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

TanzaniaisamemberoftheAfricanRegionalIntellectualPropertyOrganization(ARIPO)andthe WorldIntellectualPropertyOrganization(WIPO).

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

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

BestPracticesrelatedtoIntellectualPropertyRightstoArtists

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

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

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

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

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

Failuretoprotectintellectualpropertyrights,bothmoralandeconomic,isalsoanotherstepback intherealisationofafairandjustremunerationsystemforartists

5.5SocialandEconomicRights

5.5.1SocialRights

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

5.5.2EconomicRights

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

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

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

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

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

5.5.3SocialSecurity

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

Therearelegendaryartistsliving throughextremepovertyatanold age, something whichcould beaddressedifartistsbelongedtoasocialsecurityprogrammeorscheme.

5.5.4TradeUnionsorProfessionalAssociations

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

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

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

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

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