This paper provides a comprehensive analysis of the legal and institutional frameworks governing the resolution of marital disputes, focusing on international and municipal law and the role of conciliation mechanisms in Tanzania. It explores the international legal standards set by conventions and treaties, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Universal Declaration of Human Rights (UDHR), which emphasize the protection of family rights and the peaceful resolution of conflicts. At the national level, the paper examines Tanzania's Law of Marriage Act Cap 29, which establishes Marriage Conciliation Boards (MCBs) as a key institution for resolving family disputes before they escalate to formal litigation.
The study further delves into the procedural regulations and subsidiary legislation that support the functioning of these boards, highlighting their community-based nature and culturally sensitive approaches. It also analyzes the broader judicial system in Tanzania, focusing on the roles of Primary Courts, District and Resident Magistrate Courts, the High Court (Family Division), and the Court of Appeal in matrimonial matters. Additionally, the paper discusses the contribution of non-governmental organizations (NGOs), legal aid organizations, and social welfare services in providing access to justice, legal representation, and counseling to individuals involved in marital conflicts.
By integrating both legal frameworks and institutional structures, this paper underscores the importance of conciliation as an effective method for resolving marital disputes, promoting family harmony, and ensuring justice within Tanzania’s legal system, in line with international standards.
