Kenya Referendum Talk: Lessons for Constitution Making in Tanzania

Nico Minde

Constitution making is not a one-time event, rather it is a long time and historical process that may be highly contentious, highly volatile and could cause massive divisions if not handled well. I once wrote in this blog that no country can say it is going to write a constitution in one or two years as envisioned by Tanzania. Building strong democracies world over require building strong constitutions and strong constitutional culture (constitutionalism). With Tanzania in this process of drafting a new constitution, we should be reminded of the challenges that lie ahead. We should take substantive lessons from our neighbors Kenya. Kenya has now being involved in two constitution referendums between two crucial general elections. 

In 2005, the proposed constitution was rejected in a landslide "No Vote" which was spearheaded by the opposition together with some 'rebel' cabinet ministers. The move highly embarrassed the government and president Mwai Kibaki who then dismissed the rogue cabinet ministers. Kenya then experienced the worst moment of its history after the 2007 general elections. Violence erupted after dissatisfaction with the presidential elections killing and displacing many Kenyans. Our neighbors saw this as an opportunity to speed up the then stalled constitution making process. Under Agenda 4 which was one component of Agenda items of the National Accord Reconciliation Agreement (NARA) there was need to examine and address constitutional, legal and institutional reforms, poverty and inequality, youth unemployment and land reforms. It was mediated by former UN secretary General Kofi Annan as a measure of restoring sustainable peace in the country. The success of this process came when Kenya voted in a peaceful referendum in August 4 2010 and subsequently promulgated in August 27, 2010 in a colorful ceremony. 

Despite 67% of Kenyans voting for the Proposed New Constitution, there is still dissatisfaction with a number of key issues. A group allied to the opposition Coalition for Reform and Democracy (CORD) called March 4 Movement (M4M) is calling for a referendum to change the constitution by having an electoral college system when electing a president and not through a popular vote as it is currently (more details here). The senate is also dissatisfied with the pace of devolution and revenue allocation in the counties. The referendum talk should be a reminder to Tanzania in key constitutional making issues. One is the form of government. Tanzanians should debate thoroughly on the type of government that will best suit us. This will among other things include the role of the President, the nature of the political union between Tanzania mainland and Tanzania-Zanzibar, the role of the legislature, the election of the president and so on. The other crucial factor is the role of provincial administration in governance. The constitution councils (Mabaraza ya Katiba) should take positive lessons from Kenya while debating on the keys issues as raised herein.    

Can Rouhani engage with the US?

Nico Minde

New Iranian President Hassan Rouhani was sworn in early this month. He takes over from Mahmoud Ahmadinejad who according to many analysts took the already sour relations with the US to the abyss. Dr. Rouhani is a moderate cleric who is seen by many as a person who could try and engage with the US on issues central to Iran's nuclear agenda. Al Monitor offers an analysis on the same here. The era of Ahmadinejad was filled with fiery rhetoric and Iran positioned itself for increased sanctions from the West. Iran became isolated and its economy hit the doldrums. In his swearing in ceremony, Rouhani called for a "language of respect" when negotiating with Iran and not through sanctions. "If you seek a suitable answer, speak to Iran through the language of respect, not through the language of sanctions," the president said. The president also hinted that Iran will seek to engage with the US. He further said that Iranian nuclear program was a peaceful one and one that is geared towards generating electricity and sustainable energy. Israel Prime Minister Benjamin Netanyahu speaking on CBS News before Rouhani took oath, he said that Iran is getting closer to the red line he illustrated during the UN summit in New York last September. The two sides continue to be antagonistic towards each other which could jeopardize the negotiations and talks. However, the indications by the new President saying he is willing to engage with the US is welcoming. Iran should however be wary of American scheming and not fall into their marauding antics. Before his elections Rouhani said that the West needs to be genuine if they were to negotiate over Iran nuclear issue. As a former chief nuclear negotiator, President Rouhani understands this very well.

Mali Elections Infograph

Via Al Jazeera

With the counting of votes for the presidential elections run off in Mali, Al Jazeera gives a infographic analysis. See it here.