1

CHAPTER ONE

1.0 Background of the Study.

This research paper intends to examine the efficacy of inheritance laws for the protection

and maintenance of extramarital children in Tanzania. It explores the legal controversy

surrounding substantive laws or parliamentary legislations, such as the Child Act1 and

Constitution of the United Republic of Tanzania,2 and customary and Islamic laws, such

as the Local Customary (Declaration) Order3 and Islamic Laws (Declaration) Order.4 It

also looks at whether customary and Islamic laws conform to the provisions of various

international human rights instruments ratified by our country which guarantee the rights

of children.

The definition of child varies depending on which aspect of the law is looked at.

Normally child is defined as a person below the age of eighteen. However, in inheritance

law child includes a person over eighteen years. In inheritance law, child refers to

parentage5 and not to a person of tender ages.

In Rule 266 of the Customary Declaration Order, inheritance is explained in reference to

children born in wedlock, lineal descendants, kindred and wife or wives. No reference is

made to illegitimate children. Rule 277of the Local Customary Declaration Order states

an illegitimate child shall inherit according to his mother’s lineage. His mother’s lineage

is his mother’s inheritance from her grandfather or uncles. Islamic law does not recognize 1 No.21/2009 2 1977 as amended from time to time. 3 GN/436/1967 4 271/1967 5 Oxford Law Dictionary.5th Edd/2003. 6 1963,Rule26,2nd schedule. 7 1963,Rule27,2nd schedule.

2

illegitimate child through inheritance. Islamic law clearly states8 that parentage shall only

be determined by reference to validly married couples. Thus, according to Islamic law, a

child who can inherit is one who was begotten within wedlock.

Despite efforts by the government to adopt and ratify regional instruments, such as the

African Charter on the Rights and Welfare of the Child (ARCWC),9 and international

instruments, such as the Convention on the Rights of the Child (CRC),10 the rights of

illegitimate children are still denied.

1.1 Statement of the Problem

Even though our country has ratified various international human rights instruments

regarding the protection of children rights, there are still some customs and laws which

deny the inheritance rights of illegitimate children. Islamic Law does not recognise that

illegitimate children have the right to inherit. One particular phrase11 of the Quran states

that an illegitimate child shall not inherit even unto his putative father if he was born out

of wedlock. Is this law not contrary to the Constitution, which regards all beings as equal

under the law and states that the rights to property should be granted?

The government continues to enforce customary laws, such as the Indian Succession Act,

which do not protect the rights of illegitimate children. The Indian Succession Act, which

is considered to be the primary law of inheritance, derives its principles from customary

8 NISAI, 4(10-13) 9 ACRWC/1990 10 CRC1990 11 NISAI 4:11

3

norms that deny illegitimate children the right to inherit. Section 2612 of the Act gives the

kindred of the deceased (including illegitimate children) the right to inherit when the

deceased did not leave any children or any linear descendants. Here, the problem is that

when the parentage of a child has been proved before a court of law or any subsisting

authority, is that child who was formally defined as illegitimate included as a beneficiary

under the will, or is that child one of the many beneficiaries that the deceased’s estate is

distributed upon intestate succession?

In addition, the cases involving the determination of parentage or legitimacy take a long

time to complete, between 90 days to a year. The length of these cases is another factor

that contributes to the jeopardy of the rights of illegitimate children. Significantly Rules

23 to 2513 of the Local Customary Declaration Order set out that the legitimacy of

illegitimate children will be determined by looking into the concerns of the deceased.

Courts will consider whether the deceased mentioned the child in his will, or whether the

deceased, during his lifetime, recognized the child as his own and introduced him to clan

members.

This is against the provisions14 of the Constitution of the United Republic of Tanzania

and the Child Act. In particular, sections 34 to 3715 of the Child Act protect the rights of

illegitimate children. These sections require that illegitimate children, after proof of

parentage has been determined, be given equal inheritance rights as children born in

wedlock. But, Islamic Law contravene this provision by continuing to maintain only

12 Section 26. 13 (23-25) 14 Art12and13. 15 34-37

4

children born in wedlock and not those born out of the wedlock (hereinafter ‘illegitimate

child’).

Denial of inheritance rights to illegitimate children causes social and economical

deprivations; the welfare of illegitimate children is being infringed upon considerably.

One could say that this denial of rights is sheltered under the umbrella of an insufficient

legal system, particularly by the primary courts which consider and enforce customary

principles. Primary courts are governed by the Magistrate Court Act16 which accepts

customary laws.

1.2.1 General Objective

The general objective is to find out whether inheritance laws in Tanzania are effective in

protecting inheritance rights of illegitimate children.

1.2.2 Specific Objectives

1. To look for any legal controversy between parliamentary laws and customary laws.

2. To look for any legal controversy between statutory laws and Islamic laws.

1.2.3 Research Questions 16 Sect25,Cap11.R.E.2002.

5

1. Do the customary and Islamic laws protect the rights of an illegitimate child .in

Tanzania?

2. Do customary and Islamic laws of Tanzania adhere to the principles of the Law of

Child Act?

3. Do inheritance laws conform to the principles of the Constitution of the United

Republic of Tanzania?

1.2.3 Scope of the Study

The research was conducted at Ntamagana District in Mwanza city. However, the

researcher specifically looked at the efficacy of inheritance laws regarding the protection

of an illegitimate child, and compared customary and Islamic laws to statutory law as

well as international human right instruments.

1.2.4 Significance of the Study

The researcher intends to provide and assist responsible authorities such as the Ministry

of Legal Affairs and other agencies like St. Augustine University College (SAUT)

through recommendations regarding the rights of an illegitimate child. The study also

intends to influence the mind of society away from old traditional marriages which did

not recognize illegitimate child.

6

1.2.5 Methodology of the Study

The researcher employed the most relevant techniques and methodologies of research.

These techniques are generally accepted in the contemporary world of investigations:

interview and observation. I interviewed court officers, officers from other authorities,

and officers from legal aid centers. These Informants were key in providing useful

information.

7

CHAPTER TWO

2.0 Historical Background

2.1.1 The Legal Meaning and Interpretation of the Concept of Inheritance Rights.

Inheritance is the process by which goods or property are transmitted to the heirs or

descendants after the death of a person who possessed them.17 The legal definition of

inheritance is the right of the deceased’s survivor or heirs to inherit property, depending

on the type of inheritance of the estate18.

However, the term inheritance can be conceptualized in different ways depending on the

nature of the particular society. In Western societies, it may include adopted children

rather than lineal descendants. It can also include the fame or superiority of the deceased

and extend to copyrights. Inheritance is strictly guaranteed by statutory laws as a civil

right. In African communities, inheritance is predominantly governed by customary laws.

Here, Islamic principles and traditional norms guarantee the mode of inheritance. It

touches on land and buildings, and domestic animals. It strictly focuses on children born

in wedlock, then men, women, and finally relatives of the husband.

Intestacy is the doctrine which applies where a person dies without leaving a will. A

person who dies without a will is called an intestate person. The term intestate succession

refers to the way by which the properties left by the deceased who died intestate shall be

distributed to the heirs. A number of laws and rules apply to intestate succession. Testate

17 Concise Law Dictionary 18 Black Law Dictionary.4th Edition, pg 30.

8

Succession is the mode of succession in which the deceased left a will. Only the will

determines how properties shall be distributed among the heirs. No laws apply to the way

property is distributed where the deceased has died testate.

The roots of the modern concepts and principles governing inheritance can be found in

the eighteenth century. American human rights activists like Carolyn Egan (1823) and

European human right activists like John Hughes (1926) championed the protection of

the rights of illegitimate children upon the division and ownership of matrimonial

properties to the deceased’s children.19 The law up to that that time had focused on

children born in wedlock and excluded illegitimate children. During that time Western

societies were mostly influenced by church principles, which insisted that marriage rights

included infants that were born after marriage but excluded other children. At common

law an illegitimate child was termed a fillius nullius or a bastard child. As a result,

illegitimate children had few or no rights.20

2.2.2 How the Concept of Inheritance Rights is Covered under International Law

The focus of this part is to analyze various international human rights instruments which

protect the inheritance rights of illegitimate children. Significantly on August 1995,

Tanzania ratified both ACRWC and CRC without any reservations. These were the first

reliable international human rights instruments that dealt specifically with children rights.

The instruments explain the specific rights of children and call upon all states to act

against all forms of discrimination against children, including the inheritance right of

19 Mashamba C et al “Sheria ya Mirathi na Wosia 2001” Pg 10. 20 Dr Muhoja,”Child Widows silenced and Unheard” 2005.pg 23.

9

illegitimate children.21 Even though the government ratified such international and

regional human rights instruments and constitutions, there are still some customary laws

and Islamic laws that deny children rights, particularly the inheritance right of

illegitimate children.

Article 1722 of The Universal Declaration of Human Rights (UDHR) 1948 protects the

right to own property without discrimination. In addition, article 1323 of the Convention

on All Forms of Discrimination Against Women (CEDAW) requires state members to

ensure equality of economic access to all family members, including illegitimate child.

However, the challenge in African states is that international human rights instruments

are ratified but not enforced against humilities and degrading treaties. In the Plan of

Action for Elimination of Harmful Traditional Practices Affecting the Welfare of

Children adopted by the resolution of the government,24 the government is urged to take

measures away from those degrading traditional treaties.

2.2.3 Scope of Inheritance Rights under Tanzanian Law.

Inheritance law in Tanzania is covered by a multiplicity of different laws, namely

religious laws, customary laws and statutory laws that operate with each other. The

Indian Succession Act is the major statutory law, which was adopted and made applicable

during the colonial era. It binds Christians, other Westerners, Asians (except Muslims

and Hindus), and other citizens who do not conform to customary principles. The Indian

21 Art27 of CRC 22 17 23 13 24 1994/30 of 26/08/1994.

10

Succession Act only applies to illegitimate children where the deceased did not leave any

children or lineal descendants.

In Islamic law, the Islamic Statements (Declaration) Order25 was adopted by Parliament.

This order derives its principles from the holy Quran and practices of the Prophet

Mohammed. Section 9(1)26 sets out that courts of law will enforce Islamic inheritance

laws if the parties follow Muslim faith. In Hussein Mbwana v/s Changwe,27 the Court

held that, for Islamic law to apply in an inheritance dispute, there must be proof that the

deceased lived in accordance with Islamic rites and intended his estates to be distributed

under Islamic laws

The customary laws are the most discriminatory. They were codified through an act of

Parliament, the Local Customary (Declaration) Order.28 Rule 26,29 which regulates

intestate succession, sets out that illegitimate children can only inherit from their

grandmother or uncles unless mentioned by the deceased himself.30

2.2.4. Inheritance Right of an Illegitimate Child in Tanzania.

Historically, Tanzania’s mainland, formally Tanganyika, was a communal society. The

tribe, through clans, was the central governing unit. Therefore, no one could transfer clan

property to a non-blood related person. During that era no one was excluded from

ownership of property as long as he belonged to that clan.

25 GN63/1967 26 9(1) of the JALO/1961. 27 TRL/CV/26/1963. 28 Cap358R.E 2002 29 26 /2nd schedule. 30 Rule7/2nd schedule..

11

The colonial economy brought not only a new relationship between clan members and

property ownership but also conflict.31 Properties like land and cattle were transferred

using money. Eventually, illegitimate child were denied property ownership by family

members.

The colonial legacy had also played a great role in the alienation of illegitimate children

via inheritance right. The colonial legal system adopted oppressive customary laws that

alienated illegitimate children and women from having property rights. This was done in

order to praise the chiefs and to acquire the property of those who were denied ownership

rights. In pre-colonial societies, all children were considered as a source of labor and it

was prestigious to have a large family. But, during the colonial and post-colonial periods,

large families brought economic problems.32

During independence the government enacted several inheritance laws, like the Indian

Succession Act, Administration (Small Estate) Ordinance. It also adopted several

customary laws like the Local Customary (Declaration) Order and the Islamic Law

(Restatement) Act.

Islamic laws are binding norms on Moslems and are derived mainly from the Quran and

the practices of the Prophet Mohamed. However they are not enforced if they are

repugnant to the principles of the Constitution. They are also based on family, inheritance

and marriage issues.

2.2.4 The Governing Principles of the Law of Inheritance in Tanzania. 31 Dr Muhoja “Child widows Silenced and Un heard”2005Pg24. 32 http/absolutetanzania.com.history/colonialism.

12

As mentioned earlier, the rights of inheritance in Tanzania is predominantly governed by

customary principles. Even though the government has enacted several procedural and

substantive laws, Islamic and customary laws are still interpreted and enforced by the

courts of law.

Inheritance law in Tanzania is governed by both statutory and customary laws. The

statutory laws are the Indian Succession Act, Succession Rules, Administration (Small

Estate) Act, and the Administrator General (Powers and Function) Act. These laws are

enacted by the Parliament. The customary laws are the Local (Customary) Declaration

Order, Islamic Statement (Declaration) Order, and the Judicature and Application of

Laws Act.

Under customary law, an illegitimate child can only inherit from the parents of his

mother. These principles are enforced despite the general rule being that customary

principles shall only be invoked in order to determine inheritance disputes where they are

not repugnant to the provisions33 the Constitution. Our constitutional principles require

equality before the law. The principles of equality should also apply to the inheritance

rights of illegitimate children. Customary law requires the applicant to execute the

documents containing the minutes of the clan meeting discussing the division and

monitoring of the deceased’s property. In fact, most of these meetings are held

customarily and ignore illegitimate children.

2:2.5 Inheritances as a Human Right

33 12 and 13.

13

Article 17(1)34 of the ACRWC requires free ownership of property acquired in

accordance to the law of the particular country. Since inheritance is a valid way for

disposition of property, it is among the basics of human rights.

Also the Constitution of the United Republic of Tanzania protects the right to property

ownership. In particular Article 16,35 sets out that inheritance is a valid way to acquire

property. Inheritance can constitutionally be termed as a human right because it is a

means of acquisition and ownership of property. This was also stated by the Law Reform

Commission36 which called for change to laws of inheritance because the land policy

MKULABITA37 denies the rights of women and illegitimate children. The Constitution

enables citizens to own property by any manner including inheritance, as long as it is

legally obtained and owned. The Constitution also requires that such ownership be

determined without any discrimination or segregation.

The ACRWC stipulates the principle38 that property rights are necessary for the child’s

wealth and development. Therefore, for a minor, inheritance rights are the basic source

of wealth for well-being and development. It is a basic right for all children, including

illegitimate children.

The Charter, through its provisions,39 also obliges its members to take serious measures

against any traditional, customary, cultural or religious principle that is inconsistent with

the best interests of the child.

34 17(1) 35 16of the CURT/1977 36 The Law Reform Commision. Report on Inheritance.March1995. 37 The Land Policy which insists on Dermacation and Plotting for Legal Effets like Mortgages. 38 Art5 39 17(1)

14

CHAPTER THREE

3.0 Discussion of the Findings

3.1 Views of Public Officials on Inheritance Right over Illegitimate Child.

I interviewed the Nyamagana District Social Welfare Officer40 on August 20th 2010.

About seventy disputants, which is 70% of all clients who reported to her office for three

months, have little knowledge of statutory laws. Hence they rely heavily on customary

and Islamic laws. She said that society, through customary laws, denies the rights of an

illegitimate child. Although the government tries much to educate the society and abolish

these customary and Islamic laws, the communities still strongly uphold them.

Particularly Moslem communities, because it touches their faith and denying them

Islamic law will amount to a brick cage of God’s principles.

3.2 Views of Religious Leaders (Moslems)

I interviewed the Sheikh41 of Nyamagana district office of BAKWATA, who said that in

the determination of inheritance disputes, an illegitimate child shall not be considered

unless he was mentioned in the will by the deceased himself during his lifetime. As I said

earlier, to Moslems, the illegitimate child lacks validity before the eyes of God because

he is the product of a parent’s betrayal of the marriage. According to Sheikh Miraji,

Muslims are required to prepare properties for such an illegitimate child separate from

the matrimonial home, so as to maintain him in matters like education and health.

40 Mrs Misana 41 Miraji.

15

3.3 The Role Played by the Marriage Ward Tribunal

The Ward Tribunal has a legal mandate to interpret and enforce laws during some family

dispute. They also deny the inheritance rights of illegitimate children by relying heavily

on customary laws and without considering constitutional or other statutory laws.

According to them, illegitimate children belong to another clan; accepting them would

mean introducing a new person who naturally has no right to the clan. When I

interviewed the Secretary42 of Mkolani Ward Tribunal on the 10th of January, 2011, he

told me that they mostly rely on customary and Islamic laws in inheritance disputes so as

to resolve the disputes smoothly. He added that most people do not know statutory laws.

This was also stated in Elizabeth Swaliba v peter Obala.43 In that case, the ward tribunal

decision regarding distribution of the inheritance favored the defendant. The District

Court at Nyamagana overturned the decision on the basis of constitutional law and that,

upon proof parentage, illegitimate children enjoy equal rights with children in wedlock.

TABLE1

3.4 The Role Played by Courts in the Protection of the Inheritance Rights of

Illegitimate Children.

42 Mzee Kihamba 43 1975/CV/54.

16

When I interviewed the Magistrate44 of Mkuyuni Primary Court in Nyamagana on the

26th September, 2012, she said that in the determination of inheritance disputes,

customary laws are enforced, but the courts also strongly considers the best interests of

and welfare of a child. She added that the increase of street children is the result of

oppressive customary laws, which do not recognize human rights. But, she insisted that if

the disputants are Muslims, their cases are referred to BAKWATA. She added that there

is no specific law that protects the inheritance rights of illegitimate children. However,

the Child Act is the specific law from which the court derives its power. This was also

stated in Idd Juma Omari v Abdalla45 in which the Court overturned the decision of

primary court that denied a child’s inheritance by referring to the child as illegitimate.

TABLE2

3.5 Views of Other Members of the Community on Inheritance Rights of

Illegitimate Children.

The customary laws appear to be the major factor for the denial of the rights of an

illegitimate child. Most of our customs do not recognize the welfare of an illegitimate

child. For instance, in Sukuma communities, the children of a mother whose bride price

44 Mrs Butambara. 45 2002/CV/49/Un Reported.

17

was not paid are illegitimate. The Court affirmed this principle in Francis Leo v/s Pascal

Maganga.46

Traditionalists, on the other hand, believe that it is possible to recognize the parentage of

the child because bloods relations of clan members always have special features that

depict a resemblance to members of that clan. This was adduced by one old man, Mzee

Matunge, in an inheritance dispute instituted before the legal aid clinic, the Mwanza

Paralegal Aid Centre, where I am working.

Society also believes strongly in witchcraft. Therefore many illegitimate children do not

want to institute proceedings for inheritance against fellow family member. Others tend

to surrender their inheritances in order to avoid quarrels between family members.

3:2:2 The Role Played by BAKWATA

The Islamic Sharia law does not recognize an illegitimate child. Under Islamic law, a

child who was born out of wedlock depicts or proves the act of betrayal in which either

member of the couple had sexual interaction with another person before or during the

marriage.

Therefore, legalizing an illegitimate child amounts to the acceptance and promotion of

infidelity among believers, which is against the God’s will and the Islamic faith. Further,

Islamic law protects the status of married couples and their interests. Legalizing an

illegitimate child will also infringe upon the rights of legitimate children.

46 TLR1976.CV.56

18

In Bi Khadija Zainabu Ally v/s Ally Abdalla,47 both the plaintiff (the illegitimate child)

and the defendant were raised together in the same family despite the fact that they only

shared the father as a parent. In the dispute at the Mkolani Ward Mosque, the case was

decided in favor of the defendant. However, at the Court of the District of Nyamagana,

the case was decided in favor of the plaintiff on the principle of equality based in the

Child Act and the Constitution of the United Republic of Tanzania.

I also had the opportunity to interview the Secretary48 of the Mkolani Ward Mosque. He

believes that recognizing an illegitimate child will amount to the acceptance of Zinnah

within the marriage, which is contrary to the principles of the holly Quran and the

preaching of Mohammed.

3.2.3 Ignorance of Constitutional and Human Rights Principles

Most citizens and local authorities are not aware of the constitutional principles and

human rights instruments which guarantee equality for children. During my work at the

legal aid clinic MWAPACE, about eighty clients, which is 80% of all citizens who attend

our office per year, are not aware of constitutional principle. In fact, they are illiterate,

have no access to media, and live in rural areas. The remaining twenty clients, which is

20% of all citizens, are aware of statutory laws. This is based on the fact that, during the

proceedings, most clients refer to the customary laws through which the couples entered

into marriage or which they live in accordance with.

47 Un Reported. 48 Yusuf Mtambo

19

I got the opportunity to interview the Social and Welfare Officer49 of Mkolani Ward.

Who affirmed that, when discussing and examining inherence disputes, most citizens

prefer to rely on customary laws.

Moreover, as I discussed in my comparative analysis, customary laws and Islamic laws

have great impacts when determining the outcome of inheritance disputes. This is

because inheritance laws in our country adopted the principles of customary and Islamic

traditions such as JALA.

I have also discovered that customary and religious principles have great impacts on

marriage laws because the laws allow customary and Islamic marriages. This directly or

indirectly affects the rights of illegitimate child. In particular, it affects inheritance by

drawing a distinction between those who are born within the marriage and those who

have born out of the wedlock.

3.2.4 Ignorance of Inheritance Law by Citizens.

As the legal officer at MWAPACE, I observed that most of our clients appeared to know

nothing about the laws governing children’s rights. Instead, they relied heavily on

customary principles.

However, there were some elites or those who had legal knowledge about constitutional

rights, and the law governing children’s rights, namely the Child Act and international

49 Miss Silayo

20

instruments. Despite having this knowledge, they still upheld customary principles that

discriminate against illegitimate children.

3.2.5 Lack of Enough Human Rights Institutions

The number of institutions and organizations that deal with the protection of and

motivation for basic human rights in our country does not match the population of our

nation. In Nyamagana, there are only four centers which specifically deal with the

protection of basic rights. Most NGOs focus on residential homes or institutions where

children are kept, but are not very concerned with court procedures for the protection of

children rights. I interviewed the officer50 of Ependo Daima who said that it costs a lot of

money and time to deal with legal issues.

3.2.6 Lack of Enough Lawyers

The number of lawyers within the country is not enough to educate people about their

rights. Even the small number of lawyers we have do not work in rural areas; they reside

and provide legal service in urban areas, where they are engaged by law firms, the

advocation chambers, and other legal aid centers. During my interview with the legal

officer51 at Nola, he said that there are only two legal aid centers, in Mwanza city in

which there are few lawyers or none at all. He also said that most graduates need higher

salaries or wages than the institutions are financially capable of giving.

50 Joseph 51 Dionis

21

I also interviewed a lecturer52 who said that most lawyers are not ready to help people or

volunteer at legal institutions. Paralegals’ primary objective is to educate and assist

people in the protection of their rights, but the fact is that most graduates prefer to work

in law firms and other legal institutions for greater gains.

52 Clement Mashamba

22

CHAPTER FOUR

4.0 Conclusion and Recommendations

In the proceeding parts, I have explained and discussed the customary laws and their

effects on the protection of illegitimate children. They deny the rights of an illegitimate

child, particularly in inheritance. The customary and Islamic laws do not recognize or

give little regard to the maintenance of illegitimate children. The statutory laws, such as

the Indian Succession Act, and the Inheritance and Succession Rules, also do not give

equal opportunity to both illegitimate and legitimate children.

4.1 The Need for Legal Reform

As I mentioned earlier, our country has not yet enacted statutory laws to deal with

inheritance disputes. Most such disputes are decided according to customary and Islamic

principles. The Marriage Act is also applied by the court in the determination of the rights

of an illegitimate child, which also does not recognize them. In Violet Ishengoma v/s

Administrator General and Others,53 the High Court at Kagera, citing a provision33 of the

Marriage Act held that an illegitimate child could neither apply to the Administrator

General nor inherit.

53 TRL/CV/1991

23

For these reasons, there is a need to reform these discriminatory laws by enacting specific

laws that regulate inheritance disputes and bring legal procedures into the determination

and protection of the rights of illegitimate children.

4.2 Use of Constitutional and International Human Rights Principles

The government should not only enact laws to deal with discrimination but also ensure

that these laws are implemented by the courts of law. It must also give room for petitions

and judicial review against discrimination of the rights of children.

4. 3 The Role of Local and Islamic Tribunals

Customary and religious figures like Islamic and Christian priests should educate society

about the protection of illegitimate children. They should also recognize children born

out of wedlock due to the existing or modern systems of marriage in which most youths

bear children before they are wed.

They deny the rights of illegitimate children; therefore society and its traditional leaders

should educate others to consider the rights of an illegitimate child.

4.4 The Role of Human Rights Institutions

Despite their great contributions to the formation of various laws like the Child Act, these

institutions – for example, the Legal and Human Rights Center (LHRC) – still have an

24

obligation to motivate our government to enact specific laws which could deal effectively

with inheritance disputes, particularly for protecting of illegitimate children.

They should also put more effort into legal research, activism, and protection of

illegitimate children through trainings and seminars for citizens, especially local and

religious authorities who appear to be at the heart of the problem.

4.5 The Need for Mass Education

It is proven that most citizens do not have enough knowledge concerning the law,

particularly regarding inheritance laws. Therefore both government and private sectors

should provide mass education about basic rights and legal procedures pertaining to

children’s rights.

4. 6 Need for More and Competent Human Rights Institutions

Currently there are few institutions that deal with or provide legal aid to promote

awareness of basic rights to citizens. Though we have a few, they are still not enough

institutions to provide sufficient legal aid. In our country, legal aid in rural areas is mostly

conducted by paralegals who supplement the tasks and obligations of lawyers.

However, those small units, namely paralegal centers, are neither competent nor

professional, and are sometimes influenced by customary and Islamic principles.

Therefore, they may ignore the rights of illegitimate children.