Making of the Tanzania constitution; The role of public participation

Written by Super User on 04 October 2012.

Making of the Tanzania constitution; The role of public participation.

The Constitution of a country is the most important legal document. It is the supreme law on which all other laws are based. At times it is referred to as a social contract between the rulers and the ruled. It is also the consensus amongst the people themselves. The Constitution is therefore more than just a document. It embodies the wishes and aspirations of the country. All the laws, by-laws, rules and regulations derive their legitimacy from the Constitution and thus the need for a people centered constitution, which can only be guaranteed by public participation in the constitution making process.

There is a serious need to encourage and facilitate participation of all Tanzanians in the Constitutional making process. Constitution-making must involve as many actors and stakeholders as possible. What is happening in the ongoing process in Tanzania is a sad state of affairs. The process lacks an in inbuilt mechanism that could have empowered the people through civic education programmes. Moreover, since there is no serious civic education or constitutional happening alongside the constitution-making process, the nation is far from being aware of the process. The process of the collection and of the public's views from the public lacks enthusiasm and is marked with low turn out by members of the public.

Recently, the Tanzania's Deputy Minister for Information, Culture, Youths and Sports, Mr Amos Makala urged the youth to give their views on what should be included in the constitution. We would also like add our voice and urge the entire Tanzanian population to embrace this process by coming out in large numbers and be actively involved. There is also need to ensure the involvement of civil society organizations, faith based organizations, disabled persons, women and also the minorities and marginalized groups.

A constitution is not a government project, but most important a means by which citizens can participate in determining the State's political status and its economic, social, and cultural development and thus the need for Tanzanians to take this process seriously. Their submissions may be addressed to the constitution-making body. Public participation is directed towards influencing the final outcome of the process, the constitution. The people of Tanzania have to be genuinely involved in the constitution making process to allow them to decide how they would want to be governed. This is the hallmark of democracy.

The right to self-determination and the right to participate in the conduct of public affairs provide a legal foundation for citizen inclusion in the constitution-making process. Effective public participation implies the involvement of the public at all stages of the constitution making.

A people driven constitution will give more legitimacy to the final document. There is need to ensure that virtually every citizen is able to take part in the process. Tanzanians must take part in debates, giving views and written submissions, initial drafting, constitutional forums, national constitutional conference, The Constituent Assembly, referendum and even in the promulgation of the new Constitution. The entire constitution making process must be ingrained in public participation in all the stages. Inclusion ensures not only that individuals are physically present in the decision-making forums, but that they have an effective opportunity to influence the thinking of others.

Politicians or people with vested interests should not hijack the process. They have narrow personal or party interests, closely connected to their access to and exploitation of the state and its resources, which they try to advance or preserve through the process. They may also have an interest in stirring ethnic differences to maintain their leadership positions, regardless of the national interest, and thus their role can be deeply divisive. Since in one sense the politicians can be the principal beneficiaries of the resources of the state their influence on the making of the constitution of the state should be limited.

The process of constitution making can only claim legitimacy and credibility if the people have been meaningfully involved in each stage of the process. The population ought to understand the role they are supposed to play in the process of constitution making and get involved with zeal. We urge the people of Tanzania to take up this challenge to change the destiny of their country in this historic moment.

Reviewing The Tanzanian Constitution

Written by Super User on 27 June 2012.

By Ken Mbaabu
Tanzania is going through one of the most important phases in the history of any modern day democracy. This is especially important because it is part of a group of African countries that have had constitutions, whether pre or post independence, majored mostly on freedom, self-rule and deliverance from the shackles of colonialism, rather than on democracy for the people.

A constitution is the fundamental law of any nation. It is an agreement by the people on how they wish to relate with each other and be governed. It is because of this that a lot of resources, time and emotions are associated with any constitution making process. The Tanzanian nation has been always peaceful and it is worth mentioning that it has managed to maintain this peace even during this period when it is reviewing its constitution. This is in contrast to the constitution making process of its neighbor Kenya, which was associated with demonstrations, oppression and even deaths.

President Jakaya Kikwete instituted a 30-member commission that would go round the country to collect the views of the citizens. The commission, which has been received well by the Tanzanian people with regards to its composition, apart from a few fundamental complaints, was expected to start work from the 1st of May 2012 to finish by the end of October 2013. It is then to come up with a proposed draft, which will be presented to parliament in 2014, when the final Constitution Bill will be tabled for debate and approval, before finally being subjected to a referendum.

The president appointed the 30 commissioners from 550 names, which were presented by political parties, religious organizations, NGO's and other interested parties. The commission has 15 commissioners from Mainland Tanganyika and 15 commissioners from Zanzibar. This has however been criticized since Tanganyika has 40 million people and Zanzibar has 1.5 million people. So there are some who feel that giving Zanzibar an equal number of commissioners is not fair. Another area of concern is the fact that of the 30 commissioners selected 21 are Muslims while only 9 are Christians. Considering that this is a country where the number of Christians and Muslims is almost equal, and considering that the current constitution clearly states that the country is a secular state, there is a feeling that the selection was not fair.

On a brighter note, the president appointed people from diverse political parties including even his fiercest critics. This should signal that he wants to rally the country together for the common good. The commission that is in place has enormous powers to ensure the success of the whole process. The president, politicians, religious leaders and civil societies have called on all Tanzanians to come out in large numbers to give their views on what they wish to be included in the draft.

As is the case with any major Constitutional Review process, there are many important issues that have arisen and are being supported or opposed by various interest groups. Top on the list are

1. Separation of Zanzibar from mainland Tanganyika. This has received an equal share of support and criticism. The support and criticism depends on the side of country you reside i.e. either the mainland or Island. Religion has also played a big part on whether people support or reject this separation agenda.
2. Reproductive Health Rights is also a very sensitive issue. There is a bill being debated that has been supported by the Pro-choice groups, which would make abortion easier while criminalizing Pro-life doctors who refuse to offer abortion services.

East Africa Center for Law and Justice, wishes to congratulate and offer its support to the people of Tanzania in their initiative to negotiate and have a Constitution that will symbolize the unity and wishes of the people of Tanzania. We wish to encourage the people of Tanzania to come out in large numbers to give their views to the commission so that the final document will accurately reflect the wishes of the majority.

EACLJ also urges the Commission to rise above all partisan interests, whether they be political, religious or even geographical. This is important if the people of Tanzania are to have the constitution they wish for and deserve. Finally, the International Community should help and guide the Tanzanian people without imposing their own wishes on them.