By Elias Mhegera
Nation’s
attention focused to Dodoma
While the Constituent
Assembly (CA) in Dodoma has been adjourned for a while so as to allow its
members to go for Easter holidays, the chairman of the now defunct
Constitutional Review Commission (CRC) Judge (rtd) Joseph Warioba will be one
person to breathe in a sigh of relief to the maximum of enjoyment.
This is after hearing
good news from students from tertiary institutions and many other analysts who
have come strongly in defense of his team’s draft constitution. This is
contrary to what the President of the United Republic of Tanzania (URT) Jakaya
Kikwete had done when addressing the CA in Dodoma, central Tanzania.
In March 21, 2014 the
Head of State shifted positions from that of the President of the URT to that
of the chairman of the ruling Chama Cha Mapinduzi (CCM), which he dubs as top
leader in the rank of chairman. He pounded heavily on the Constitutional Review
Commission (CRC) retired Premier and Judge, Joseph Warioba whose commission had
suggested a three-tier Union.
This act was once
done by his immediate predecessor, Former President Benjamin Mkapa in 1998 when
retired judge Robert Kisanga had suggested for a three-tier Government
structure. Then Head of State was vehement and he even lost temper while
discarding Judge Kisanga’s Commission findings that his team had gone beyond
the terms of reference.
Earlier in 1992 former Chief Justice Francis Nyalali
had suggested the same, the three-tier structure but the President Ali Hassan
Mwinyi was diplomatic enough not to throw any insults to the now deceased
Nyalali, although he equally chose to ignore this suggestion but allowed
Tanzania to re-introduce multiparty politics in the same year.
In 1984 the
Zanzibar’s President Aboud Jumbe who was as well the First Vice President of
the URT was forced into a resignation after he had suggested for a three tier
structure. He was working under the founding of Tanzania Julius Nyerere who was
to voluntarily retire one year later.
At least this has
been the brief history of the Union that is now in ten blink of the collapse.
This is because Zanzibar came up with its own constitution in 2010 which
declares in terms of its sovereignty, which Warioba and his team saw as a main
threat to the 50 years Union.
Therefore the
suggestion for three-tier was an attempt to retain this union which has gone on
with a lot of unsettled nuisances. After Kikwete’s speech there have been a lot
of commotions in the CA between two camps, the CCM which supports a two-tier
structure and the opposition parties which supports a three-tier structure.
Already
representative of three opposition parties namely Chama cha Demokrasia na
Maendeleo (CHADEMA), the Civic United Front, and the National Convention for
Construction and Reforms (NCCR-Mageuzi) have decided to walk out of the CA promising
not to come back in the House.
Their main claims is
that they are being bulldozed by the CCM for its interests in the constitution
through what analysts have termed as a “tyranny of numbers” since CCM members
of the CA forms the majority in the House.
The opposition had
earlier formed what it called Umoja wa Katiba ya Wananchi (UKAWA) which can
simply be translated as convention of the people’s constitution. But while this
is the situation in Dodoma voices in support of the CRC under Warioba have been
voiced in so many places.
Strong utterances
were made during a one day symposium at the Landmark Hotel in Ubungo on
Wednesday this week (April 16, 2014) which was organized in collaboration of
the Konrad Adenauer-Stiftung (KAS) and Tanzanian Students Networking Programme
(TSNP).
Welcoming the 60 +
students at the hall was Alphonce Lusako, Secretary General of the TSNP who said that the role o
students is vital in transforming the Tanzanian society and that students have
been spending so much time in searching for allowances but they are lagging far
behind in the constitutional making
process.
Team leader at the
KAS, Richard Shaba discussed the vital role of providing leadership skills that
his organization has done since 1964, starting from the Kivukoni College which
groomed leaders who maintained ethics and leadership etiquettes but now this is
no longer the case with many leaders.
Mr. Shaba said prolonged
arguments in Dodoma which have made the Constituent Assembly (CA) to fail to
adhere to the scheduled time frame are not based in constructive assessments
but rather ideological affiliations.
“I am sad that today violations
against the constitution are prevailing so much but previously there were
guardians of this constitution as Mwalimu Julius Nyerere did in 1994”. He
remarked
He was referring an
incident when Ali Hassan Mwinyi then President of the United Republic of
Tanzania had allowed Zanzibar under then President Salmin Amour to join the Organization
of Islamic Conference (OIC) without prior consultation to the Mainland or the
Union Government.
He narrated further
that one of the gross violations that has been going on in Tanzania is
extrajudicial killings which have been conducted by the law enforcers. He
critiqued that in many instances the state has failed many times to guarantee
safety of Tanzanians living abroad.
Former
Commissioner of the CRC speaks out
For his part the
member of the now defunct CRC Humphrey Polepole said that his Commission did a
good work in researching and showing dedication to this nation, but he was worried
that this document is to be hijacked for certain political interests.
“I call for you the
youths of this country to be prepared to defend this nation from corrupt motives.
It is true that far way back in 1964 Tanganyika and Zanzibar had equal national
status including two chairs in the United Nations and they decided to unite,
but I am questioning the motives behind this massive pressure in support of the
two-tier Government,” he hinted.
He cherished that the
unification process in 1964 came out of the good will between Nyerere and Abeid
Karume the slain former leader of Zanzibar. He advanced that the theory was based
in a motive to have a strong and united nation in Tanzania that could become
more vibrant in the international fora. Moreover Polepole said that Zanzibar constitutes
a blend of people from various backgrounds and many are from Mainland Tanzania.
He further narrated that
after the Zanzibar independence in 1963 there was a dominance of the Arab
through the sultan that was in power. He therefore reveals to the attentive
youngsters that there was a fear of a counter coup after the 1964 upsurge that
is why Karume sought for unification so; the main concern was security of
Zanzibar in the light of a deposed sultan.
“While in the
mainland Tanzania (Tanganyika), also Nyerere was concerned of structures of the
union namely, whether it should be a unitary, federal or a confederation, but
time was not in his side so the motive of guaranteeing security to Zanzibar reined
high than the form of the union, at least in those formative years”, commented
Polepole.
Implicitly this
former commissioner of the CRC wanted to say that the nature of the union that
has gone along with so many nuisances needs to be revisited in order to reflect
the current international system that is not characterized by cold war, and
even to remind that the threats of a counter coup are nonexistent.
For instance, he
said, Cameroon had two nations previously of the French and British Cameroon
which formed the current Cameroon. Even
Egypt and Syria had once formed a union which later collapsed.
“We should know the
fact that Nyerere had retained some colonial Government functionaries that is
why these had to be consulted on the nature of the union in its formative
years. So the British model was borrowed” he disclosed.
Polepole said that
implicitly, Tanzania had assumed a federal structure but under the union name
which could appear as unitary in formation. He suggested that probably what
could have befitted in the name was con-federal since these two nations had
chosen to unite in some few areas but retain their autonomies in many other
areas.
The
current Union under scrutiny
He critiqued the current
nature of the Union whereby the President of the United Republic of Tanzania
cannot even discuss on issues like health or even infrastructure and for that matter
even the Minister for Works of the United Republic of Tanzania cannot extend
his jurisdiction in Zanzibar.
He highlighted that the
High Court of Tanzania cannot resolve Zanzibar issues as according to the
Zanzibar constitution of 2010. He also raised a concern that the point of
departure started in 1984 where now the name Tanzania isles now became Tanzania
Zanzibar.
He discussed on issues
like ports and aviation whereby Zanzibar has never recognized the Tanzania
Aviation Authority and even the National Examination Council and even the Tanzania
Bureau of Standards whereby Zanzibar has its own similar body.
He further urged that
one of the things which had affected the political oligarchy is the fact that
the CRC had provided for ethics to the leaders. He also narrated that the
three-tier structure was not escapable due to the prevailing circumstances.
But also there was a
concern from the isles whereby the formation of the most Supreme Court so that
all the High Court of Tanzania and that of Zanzibar could be subservient to the
Supreme Court of Tanzania.
But students’
concerns were even clearer during the question and answers session. Mr Chacha Hatari who claimed that he is
unemployed after having graduated for the University of Dar es Salaam (UDSM)
asked what was to follow if the two-tier structure of the Union was to be
passed in the CA, what will follow? As long as the draft constitution was
designed for three tier government.
While Daniel Msolwa a
student at the UDSM also raised a concern on the same question if it will be
two tier governments what will happen. In response to these questions, Mr
Polepole argued that the existence of Zanzibar as an independent entity in the
Union structure will deny mainlanders opportunity to decide their fates, while
their colleagues from the isles are enjoying this as in accordance with the
2010 Zanzibar’s Constitution.
For his part Kudra
Abbas Garula a student at the Mwalimu Nyerere Memorial Academy- asked if at all
Tanganyika is to come back will the Union then prevail? In response Polepole said that the re-emergence of
Tanganyika was not a big deal as such.
But some of the provisions were reducing the
power of the president in order to enshrine good performance to the best of
this nation that is why there is too much commotions which are fueled albeit
covertly by some politicians with strong ambitions of becoming future
presidents of this country.
He said that in the
USA this has been a common practice to the extent that the parliament has been
very supreme than the president but in Tanzania the president is supreme. He
said that the CRC had provided more strength to the parliament.
He also gave reasons
as to why a single government is impossible. Because the existence of Zanzibar
must prevail, this then gave a chance for the CRC to discuss on the efficacy of
two or three-tier government. He reminded that the Warioba Commission had even
suggested that the Union cannot be broken except for the referendum.
Mesaya Ismail also a
student from the UDSM- wanted to
know on the right for prisoners to vote, and that primary education should go
up to form four.
But he was worried as
to whether the new constitution will be formulated due to ideological
inclinations; he gave an example that this is what made Kikwete to present his
speech as a CCM cadre during his opening speech in Dodoma recently.
This stance was
immediately supported by Michael Legan from
the UDSM, he said that he was shocked by President Kikwete’s speech and wanted
to know what had caused this change of attitude? Because previously the Head of
State had approved the two drafts and has praised the CRC for its good work.
Another student who
contributed in the debate was Mr Ado Shaibu from the UDSM –Law School, he said
that the structure of the Union itself is not a big deal in maintaining the
Union, but systems which have been prepared to protect it. He suggested that
sources of the income for the existence of the Union are very important if the
Union was to be institutionalized.
Polepole defended his
team of the CRC by saying that it had used a purposeful approach by looking at
how harmony is maintained between the two sides of the Union.
He as well condemned
threats that were made recently by one Minister that this country will be
plunged into a war if this country was to allow a three tier government of the
re-emergence of Tanganyika.
“I count this is an
alert to the soldiers that they should be prepared to take power if any other
party was to take power, or that it should use force to crush any movement which
is against the status quo which supports the two tier-government structure
vehemently”. He recounted.
One Ms Anne-Maria
Kobelo-from St. Joseph College of Engineering and Technology suggested that the
new constitution guarantees security of the marginalized group including their
education and other life opportunities.
While Gabriel
Emmanuel, UDSM student suggested that the best form of the Union should be a
single government rather than two or three. But Kija Kimbu from St Joseph was inquisitive
as to why the CRC was not allowed to discuss whether the Union should prevail
or not.
Commenting to these
stances Polepole said that the draft constitution had maintained all groups
including the marginalized ones, and that it is difficult to have a single
government because Zanzibar due to its size would like to retain its identity.
Resolutions
Eventually students
came up with resolutions that the members
of the CA, should be told by the community members at large that what is going
on is wastage of time and resources because there a lot of counterproductive
arguments.
However, students commended
the Warioba Commission for its good job and that eventually it came up with a
good document. But they critiqued the CA that it has been overtaken by
emotions, and allegations of corruption. They critiqued the process of getting
members of the CA that ministers and MPs from the constituencies should have
not been used for this purpose.
What
next?
There was a call that
students from tertiary institutions should register and vote during elections
and that all kind of education that they get in any manner should be replicated
to the societies at large.
That the CA is now using
time adversely, and lavish expenditures of money and that a good number of the
available experts are used to fulfill political ambitions implicitly in favour
of the ruling Chama Cha Mapinduzi. They condemned unwarranted threats intimidations
and bribes
Also they reminded
members of the CA, that youngsters have been sidelined in so many ways, so they
promised to do what the founding father of this nation Mwalimu Nyerere did at
his early youth hood. That the youths should help their colleagues who have
lost a sense of direction to become alcoholic and drug users to come back on the
track as good citizens
Again the youngsters commended
the Warioba commission and that it managed to capture ideas from a big section of
the Tanzanians population. They condemned the focus on the formation of the
union that has taken a confrontational stance and forgot other core national
values. Hence noting that Ideological affiliation could destroy the prospects
of the best document as it was anticipated.
They said that all
youths should educate their cohorts on the importance of voting when it comes
into voting also to use properly social media, face-book, twitter blogs and
social networks like jamii forum,
wanabidii, wanamabadiliko etc.
They said that the
vote based on tyranny of numbers won’t bring a peoples constitution after
having heard utterances which are being aired every now and then and that youths
won’t allow this project to be hijacked and that soon after a new constitution,
if it will not represent the people’s wishes at large they will launch a new movement
for the same purpose of getting a people’s document.
Analysts in many
circles have criticized the conduct of the process to get a new constitution on
grounds that there was a serious mistake to allow politicians to hijack the
process because it was definite that by allowing all parliamentarians’ to be
part of this process there will be a “tyranny of numbers”.
As it was speculated
the tug of war in the formaulation of the new constitution has mainly centre on
ideological affiliations sidelining other important stakeholders. Already the
coalitions of the civil society on the constitution formulation and religious
leaders have issues statements condemning the usurpation of the process by
politicians and many other irregularities.
Religious
leaders
For its part, the
Interreligious Council for Peace Tanzania (IRCPT) issued a statement in spirit of
rectifying the CA in Dodoma. This statement was of the representatives of
different Faith Based Organizations (FBOs), namely the Muslim Council of
Tanzania (BAKWATA), the Christian Council of Tanzania (CCT), and the Pentecostal
Churches of Tanzania (PCT).
Others are the Tanzania
Asian Development Association (TADA), Tanzania Episcopal Conference (TEC),
Tanzania Muslims Professionals Association (TAMPRO), Baha’s Faith;
Ahmadiyya Jamaat, Buddhist Community,
Shia Ithnaasheri Community, and the Dar es Salaam Christian Women Wing.
Their statement followed
the meetings of the representatives of these bodies on the 26th Day of March in
2014 under the auspices of Interreligious Council for Peace Tanzania (IRCPT) in
collaboration with KAS to discuss and analyze the Draft Constitution.
Suggestions to be
taken on board on the Constitution Draft includes adherence to the national
values: dignity, patriotism, integrity, unity, transparency, accountability and
the national language should be adhered to.
They sought for the
improvement of Article 79 on qualifications for the presidential candidate to
include the aspirant being married as one of the qualifications. Also they
suggested that the Constitution should specify that marriage is between a man
and a woman.
Moreover these
servants of God suggested that there should be a commission to track regularly
the implementation of the Commission.
They also suggested that the
Constitution should
acknowledge the presence of God, and provide guidance on the equitable use of
the national resources and tax collection.
They called for the
Preventing and Combating Corruption
Bureau (PCCB), in the list of
accountability institutions, and that the Constitution should declare
that the right to live begins when a child is conceived
They suggested this
document to declare that the right to
health is a basic right to each citizen regardless of orientation, economic or
social status. There was a call to ensure that any agreement or relationship between a member
state to the Union and
any third party; should ensure the Union is not
compromised in any way
And that in order to
enhance accountability, the out-going president should no longer enjoy immunity
to prosecution after leaving the office.
That the Constitution
should strictly observe separation of powers between the three pillars:
Legislative, Executive and Judiciary (e.g. Nomination of 5 Special Members of
Parliament should not be done by the His Excellency the President; the attempts
to justify
Furthermore it was
suggested that any leader who has been dismissed or forced
to resign after being proven to be in violation of leadership
ethics; should neither be ever appointed to any leadership position nor be ever
nominated to a leadership position
The Constitution should
recognize the role to be played by a council of religious leaders and other
community elders in advising the government on legislation, social and other
sensitive national issues
That the Ethics
Commission shall have the obligation to provide proof of integrity of any
leader lined-up for election or nomination before other processes take-off.
In recognition of the good work done by the Presidential
Commission on Constitution Reform headed by Judge Joseph Sinde Warioba, and
being mindful of the importance of the constitution in the day-to-day life of
the people of Tanzania and; considering the huge cost involved in the whole
process of writing a new constitution right from the beginning and;
Observing the existence of politically aligned and
politically manipulated debates, strong ideological based positions – at times
in disregard of the
very standing orders/ regulations
agreed and passed by the same Constituent Assembly Members and;
Being aware of the
expectations and intentions of Tanzanians to obtain a new constitution which
shall be the beacon for the nation, and shall provide guidance in creation of
God- fearing upright leaders who shall serve the people with humility, love and
accountability; members of the IRCPT had this resolutions:
The Constituent Assembly Members should honour the Draft
Constitution and should
work towards improving it with the view to obtain the proposed
constitution bearing in mind that the draft is the reflection of the opinion of
the people.
That the Constituent
Assembly Members should fear God and this enable them to make decisions which
shall be in tandem with the expectations of the people thus making the nation
more productive.
A
call from the civil society organizations
But while this was
going the coalitions and networks of civil society organizations came up with a
bold and strong statement in condemnation of the state machination of the
Constituent Assembly.
Reading a statement
on behalf of more than 500 Non Governmental Organizations (NGOs) dealing with
human rights in various forms at the Legal and Human Rights Centre (LHRC), on
Thursday this week was an ad hoc chairman of this umbrella body Mr Irenei
Kiria, the Executive Director of Sikika an NGO dealing with health rights.
“While we are lauding
President Kikwete for blessing the Constitution initiative but he erred in
showing a biased approach based on ideological affiliation during his
presentation” remarked Kiria.
He was supported by
the LHRC Executive Director Dr Helen Kijo-Bisimba, Mr Deus Kibamba who is the
chairman of the Constitutional Forum, and Mr Israel Ilunde the Executive
Director, Youth Partnership Countrywide (YPC) from Kibaha, Coast Region.
In general the CSOs
condemned the usurpation of the constitution process, the closing of the CRC
website, segregation and insults in the ongoing CA in Dodoma. The as well
critiques President Kiwete’s speech during the opening of the CA and they were
categorical that it has contributed a lot to the ongoing commotions in the
House.
Photo
Mr Humphrey Polepole former
commissioner of the CRC presenting a paper on the constitutional process, on
his left is Mr Richard Shaba-Team Leader KAS
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