Union Likely to Feature in New Constitution Debate

Tanzania Daily News (Dar es Salaam)

Orton Kiishweko

25 April 2011

IT was at the University of Dar es salaam. People from all walks of life had convened to discuss the road to a new constitution. The heat of the discussion went up when the debate turned to the question of Union between Tanganyika and Zanzibar.

Some participants said there was a need for everyone to be ready to face constitutional changes on the Union between Zanzibar and Mainland once the public hearings starts.

“We are calling for a new constitution, but we should be ready to discuss difficult issues such as the Union in this entire process.” said Mr Elias Mohammed, one of the discussants.

Mr Mohammed said the process to a new constitution should be transparent and accommodative to difficult issues. “The road to a new constitution can be good but tough as well. Those seeking opinion should be ready to hear questions related to socialism and self reliance, Kadhi courts and the legality of the Union,” he said, adding, new constitutions however are never benign things – they make or break countries.

As the Tanganyika Law Society appealed to President Jakaya Kikwete to withdraw the certificate of urgency under which the Bill for Constitutional Review Act 2011 was tabled in Parliament recently, it also brought to the fore, concerns from Zanzibaris that enough public hearings should be held on both sides of the Union since the matter concerns either side.

TLS President, Mr Francis Stolla said the move would give the public ample time to discuss the crucial Bill before Members of Parliament deliberate on it. He said TLS has also made 15 recommendations seeking to improve the Bill. According to Mr Stolla, the certificate of emergency withdrawal will enable the public across the two parts of the Union have more than six months to air their views, as opposed to the current situation where the residents of Dar es Salaam, Dodoma and Zanzibar only were given two days to do so.

“Under normal procedure, for a Bill to be tabled in Parliament, the public and other stakeholders are given six months to discuss and give their opinions, before the legislators are get the chance to pass or oppose it,” Mr Stolla clarified. The TLS reaction echoed remarks by a growing list of experts calling for substantial amendments to the draft Constitutional Review Act 2011.

Tabled in the session that ended this month, the Bill is intended to guide the whole process of getting a new Constitution of the United Republic of Tanzania through people’s participation.

However, the majority of the people debating it so far have strongly criticised some of its provisions, which allegedly inhibit the people’s full participation, and to a large extent, limit consensus building on key national issues, while giving more powers to the President.

The political process should involve ample public debates for building a national consensus on both sides of the Union; while the legal one should include an enactment of a Draft Constitution Act by a Constituent Assembly, followed by a referendum to validate a proposed new Constitution, they suggested.

Prof Issa Shivji pointed out that the legitimacy of a Constitution does not emanate from its good clauses, but the full participation of the people in its making. He said the public outcry for a new Constitution began more than two decades ago, but the authorities had been hijacking the opportunity through Parliament by making some amendments at the expense of public welfare.

“A Constitution is more than a notion of social contract, as it calls for a consensus between the governed or the people, and the government, on how a particular country should be governed economically, socially and politically. Therefore, the process must be acceptable to all parties involved,” he said.

According to him, there are many contradicting sections in some clauses of the Bill. For instance, the title of the Bill “Constitutional Review Act, 2011” does not reflect the idea of forming a new Constitution, but rather implies amending the existing one, he added.

Ms Imelda Urio from Legal and Human Rights Centre (LHRC) said the whole process risked rejection by members of the public if it is passed by the Parliament without substantial amendments.

According to her, a clause that prohibits discussion about the Union, the Presidency, the Revolutionary Government of Zanzibar and other areas which are part of “national values and ethos” is likely to trigger a lot of public complaints.”We recommend a free discussion on these matters; and the people should be allowed to decide on the destiny of their country,” she said.

In a written submission, the Civil Society Organisations (CSO) have joined those voicing concern on use of English language in the Bill, saying it should have been written in Kiswahili, which is understood by all Tanzanians. They also complained that the Bill does not provide for the participation of all constitution-making organs.

“The Bill also speaks about equal representation between Mainland and Isles in the Commission; TLS is in a view that the Commission should be reflective of the true picture of the population on the ground.” They said in the statement.

TLS also advised that the Parliament should not be turned into a Constituent Assembly; rather the Assembly should include people from all sectors in the country. Mr Jenerali Ulimwengu gave a more cynical interpretation of what should come forth before a new dispensation, arguing that for a society to be guided by a document, there should be a rebirth towards having collective aspirations and values as a community.

He said the process should be hinged on what he termed as ‘national ethos’. “There should be values on which a society’s life is hinged.” he said, adding, “First we need a rebirth, we should understand who we are and our collective aspirations as Tanzanians.” he said “If the political leaders fail to be a society of ethics as the foundation for writing a new constitution, then every one will turn to religious leaders.” he added.

He questioned whether a new constitutional document was really the way in which things would change, and if there might be too much fascination being shown to one in such document. “We have to first recreate our values as people, as Tanzanians as leaders. How do we inform ourselves? What ideological/philosophical stand do we have on societal vices eating us up today?

Bad beliefs that lead to killings? love among ourselves, helping each other, virtues of working hard……how can we recreate our selves first before moving forward? he asked, stressing the need for steps be taken towards a new constitutional dispensation. It was a call strongly shared by Mr Ibrahim Mohamed Kaduma, an icon in the country’s public service since independence.

A renown long time civil servant, Mr Mohammed Kaduma urged for people to hold national ethics as that over rules any constitutional dispensation. It is an ideal that Mr Ulimwengu emphasised, referring to it as ‘National ethos’. “All these countries have constitutions, but some like Britain don’t really have a written down document but what overrules them is that ‘National ethos’ they all subscribe to and the call for new constitution should be hinged on that.” he said

They suggested that the President’s Commission, which President Jakaya Kikwete promised to form to collect views on the matter, should not represent people of different interests, noting that this can kill the entire process from the outset. “This should only have experts and not politicians serving different interests from both sides of the Union.”Suggested Prof Shivji.

AllAfrica – All the Time