Nicodemus Minde, Arusha, Tanzania
Having
read a snick preview of Chadema’s proposal to the Constitutional Review Committee
of Tanzania, I must admit that the proposal of the type of government sets a
dangerous precedence to the existence of the union government. The proposal
reads; there will be a united republic of Tanzania made up of the state of
Tanganyika and the state of Zanzibar (loosely translated from Swahili). The
current Constitution of 1977 reads in Chapter One, Part 1 on the United
Republic and its People (1) Tanzania is one State and is a sovereign United
Republic and (2) The territory of the United Republic
consists of the whole of the area of Mainland Tanzania and the whole of the
area of Tanzania Zanzibar, and includes the territorial waters. Besides the numerous
flaws in the current constitution, the above mentioned provision has adequately
defined and preserved the nature of the political union. A constitution is a
document that defined the beliefs and aspirations of a people. It embodies the
dreams of a nation across generations. The founding father of Tanzania Mwalimu
Nyerere believed in a political union with Zanzibar. The union has withstood
many shakeups and myriads of opposition. Despite the setbacks, we as a people
of this republic are reminded of the dreams of our forefathers; the dream of
keeping alive the union.
One
of the challenges the union has faced over the years has been that of the
question of the statehood of Zanzibar. In international law, the best known
formulation of the basic criteria of statehood is laid down in Article 1 of the
Montevideo Convention on the Rights and Duties of States, 1933. In fulfilling
this capacity, states are commonly termed as to possess international legal
personality. Subjects of international law include persons and entities capable
of possessing international rights and duties under international law and
endowed with the capacity to take certain types of action on the international
plane. Many scholars have argued on the classification of Zanzibar as state.
Calls for secession by Zanzibar have largely been on the grounds that it be
granted self-determination which is the character of a state.
A
critical overview of the proposal of the type and nature of the union
government by Chadema threatens the existence of the union. I say this based on
the following grounds; (1) By terming Zanzibar a state/country, it will ignite
the debate on whether or not Zanzibar possess international legal personality
pursuant to international law; (2) in the wake of this debate, holding on to
the union whether through a referendum, as proposed by Chadema in the case of
either parties wants to opt out of the union, will further raise political
tensions which could lead to the breakup of the union.
My
position is that whatever proposals are made up by individuals, institutions, and
political parties on the type and nature of government should be aimed at maintaining
and preserving the political union. This will prove an arduous task since it
will be hard to please everyone. But a carefully thought out and all inclusive
and well engaged process shall suffice and formulate the appropriate form of
government.
Good proposal but it is not enough to use the Union umbrella and not taking under consideration people's view,let us use our democratic way of expressing opinion,one question is ,how can you prove to the court that you are married? verbal ? if you can prove without a certificate then this union is valid but if you can not prove by the original certificate then we need to doubt.
ReplyDeleteYes, we need to take the views of the people, as the first draft is presented today, lets wait and see what comes of it. Read my article today here http://decolanga.blogspot.com/2013/06/tanzanias-constitutional-review.html. Cheers!
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