Peace and Tranquility as Zanzibar marks four years of the GNU

Today marks the fourth anniversary of the historic Maridhiano agreement signed by President Karume and the opposition leader Maalim Seif Shariff Hamad in Zanzibar which later formed the government of national unity after the general elections in 2010. This extraordinary act between the two leaders heralded a new beginning in Zanzibar. I assess the the GNU vis-a-vis democracy in an article submitted to the Kujenga Amani forum. Regardless, the GNU has brought remarkable trnsformation in the sociopolitical setting in Zanzibar. Zanzibar remains at peace and the two primordial nemesis in CCM and CUF now somehow coexist. For more details on the GNU in Zanzibar see link below.

President Karume and Maalim Seif shake hands to seal the historic Maridhiano agreement in November 5 2010. Besides them in Ismail Jussa

http://forums.ssrc.org/kujenga-amani/2014/08/04/democracy-versus-stability-political-reconciliation-and-the-government-of-national-unity-in-zanzibar/

    

CCM reading from KANU script, we all know what happened!

Having grown up and gone to school in Kenya at the height of their 'second liberation' one thing was clear: people power reigns. When the agitation for reforms started in the late 1980s, KANU government in a chutzpah fashion cracked its whip by harassing and jailing dissidents. Coinciding with the fall of the Berlin Wall that marked the triumph of liberal democracy, the reform agenda gathered momentum in not only Kenya but the world over. An intransigent President Moi and his government agreed to repel section 2A of the constitution and Kenya became a multiparty democracy in 1991. Despite the opposition loosing the 1992 and 1997 elections, they continued pressing the Moi regime calling for reforms. The opposition saw constitutional reforms as the only way out. When calls for minimum reforms were thwarted by the Moi regime in 1996, prior to the elections the following year, the writing was on the wall for Kenya. Moi went on to easily beat his opponents in the elections in 1997. 

Calls for reforms did not end there. The opposition together with other pressure groups coalesced demanding for change and constitution reforms. A Commission for Constitution Reforms of Kenya was set up in 2000 after intense pressure. Moi regime had began to cave. Despite the brouhaha, Moi continued to dillydally on the process. President Moi anointed Uhuru Kenyatta as his heir apparent since his term was coming to an end in 2002. This did not augur well with a section of KANU politicians who jumped ship. Led by Raila Odinga and a host of other political figures such as George Saitoti, Kalonzo Musyoka, Simeon Nyachae, Mwai Kibaki, Moody Awori, Charity Ngilu and many others coalesced and formed a formidable NARC coalition ahead of the 2002 election. Their agenda was to remove KANU from office and  a championed for a new constitution. Law and behold, the indomitable KANU was resoundingly defeated. Legends and tales of the 'Jogoo' party are still told to date. Ironically, CCM, the 'independence' party seems to be reading from KANU script. With the constitution process in Tanzania at a deadlock, CCM has refused to yield to the opposition demands. 

Tanzania is not Kenya when it comes to politics, neither is CCM KANU. But lest we forget, as Aldous Huxley postulates 'that men do not learn very much from the lessons of history is the most important of all the lessons that history has to teach". 

Katiba Watch: An Intransigent UKAWA; JK in the US

The Constituent Assembly resumes tomorrow after a three months hiatus. Intrigues during the first CA sessions saw a section of members under the Umoja wa Katiba ya Wananchi (UKAWA) umbrella, decide to walk out of the sessions in April. The UKAWA group which is made up of the opposition parties, CHADEMA, NCCR, CUF and other like-minded members have claimed that CCM has hijacked the process and are pushing for a party agenda. Mediation efforts aimed at convincing UKAWA to return to the sessions have failed. Both sides have taken strong unwavering stances. UKAWA have vowed not to return unless the CCM members agree to only discuss the contents of the proposed constitution draft. 

UKAWA Leaders. From left; J.Mbatia, F.Mbowe and I.Lipumba

The President has been accused of jeopardizing the process when he deliberately decided to take party sides during the inauguration of the CA. He has now traveled out of the country. Analysts have argued that the president, as the symbol of national unity, could have placed national interests ahead of party interests in the constitution debate. The president is attending the US-Africa summit in Washington. It was widely expected that he could have used his position to broker the standoff in the Katiba process. 

The prospects for a new constitution now look bleak. Academics and policy practitioners are even proposing a halt to the Katiba process. However, this comes with alarming caution that going to an election without a new constitution could spell disaster in Tanzania. Comparatively, Zimbabwe and Kenya post-poll violence in 2008 was as a result of going to an election after a constitution fallout.     

A Beleagured Marriage Political Marriage: The Tanganyika-Zanzibar Union and the Constitution Process in Tanzania

My article/contribution was published in Kujenga Amani Forum. Here is the link.

Warioba awasilisha Rasimu Bungeni: Live Tweets

Leo, Mheshimiwa Jaji Warioba awasilisha rasimu ya pili mbele ya Bunge la Katiba. Follow my tweets in English and Swahili here

Suala la Muungano limepamba moto Bungeni.

What to expect from Mtikila at the Constituent Assembly!

With the Constitution Constituent Assembly starting it's sessions tomorrow in Dodoma, there is plenty to expect from the members. With the members already known one person who will no doubt be vocal especially on the issue of the Union Government must be Reverend Christopher Mtikila. He has built a reputation for being the kingpin of taking matters to court. He has had and continues to have a history of court battles in Tanzania. He has fought and won the legal battle of an independent candidate at the African Court of Human and Peoples' Rights (ACHPR). An self styled advocate of one government system in Tanzania and an opposer of a union government, Mtikila has sparked numerous inciting and inflammatory remarks. He is also known to be a fierce critic of Mwalimu Nyerere. He opposed him openly. 

The question is what will his selection as a member of the Constituent Assembly (CA) add? Do we need a dissenting voice in the Assembly? Do we need a fiery character to voice out concerns that remain fundamental in the constitution? In a seminar conducted for the members of the Assembly last week, Mtikila made very uncouth and inappropriate remarks which didn't augur well with a selection of the members. Why did the President select him? He says the constitution process is not constitutional yet he is a member of the CA now. How will that work out? These questions will surely be answered after the 70 stipulated days of the CA.

Masuala matano magumu kuhusu rasimu ya Katiba

Kwa hisani ya Mtanzania

Profesa maarafu Tanzania na msomi mtajika Issa Shivji ametaja masuala matano magumu ya rasimu ya Katiba. Huku Bunge la Katiba likitarajiwa kuanza shughuli yake kesho Dodoma, Prof Shivji aliwasilisha masuala yafuatayo;

1. Malengo muhimu na Maadili na Miiko ya Uongozi ( Special Aspirations and Integrity and Principles of Leadership)

2. Shughuli za Serikali ya Muungano (Activities of the Union Government)

3. Mapato ya Serikali ya Muungano (Revenue of the Union Government)

4. Kuhusu Polisi (Concerning Police)

5. Masharti ya Mpito (Transitional Procedures)

The Tanganyika-Zanzibar Union: 49 years of a beleaguered marriage of convenience

Nicodemus Minde

The United Republic of Tanzania today celebrates 49 years of political union between Tanzania mainland and Tanzania Zanzibar. I am explicit in naming Zanzibar as Tanzania Zanzibar and the mainland as Tanzania mainland and not Tanganyika. The nomenclature of the the constituent entities of the union, though not said explicitly, has also led to the antagonism between the two. This is a story for another day. Analysts and political pundits have debated for many years on the constitutionality of the union, the status of the union, and the prospects for the union. 

For more than forty years Tanzania has remained the only Union of independent states in Africa. There has always been much debate on this Union both before the Union took place as well as after its happening. Prof. Issa Shivji describes the union as a pragmatic one born out of caution and not necessity. As he aptly puts it, "The Union between Tanganyika and Zanzibar was determined by two governments for the interests of Africa and African Unity. There was no other reason. Further to this, Nyerere has been quoted saying “...No, I’m not joking … I fear Zanzibar will be a big headache for us." This was before the then Tanganyika gained independence. The union was hurried. The ratification of the articles of the union was hurried and a CIA Intelligence Memo assessing the Union four years after its conception asserted that the union was never popular in Zanzibar and that "it was only Tanganyika's steam-roller tactics that forced the issue." There is no evident to date of a consultation process in the isles and to some degree in the mainland. The negotiations of the union were largely 'informal' and the only 'legal instruments' were the articles of the union which were haphazard and lacked the concrete legal foundations. The so-called Union of Zanzibar and Tanganyika Law, 1964 published in the Government Gazette of the United Republic was also wanting with regard to procedure, legality and constitutionalism. Laying strong legal and constitutional foundations is important for state survival and unity. The union has withstood the tests of fissure and collapse only through Nyerere's leadership and CCM manipulation of election results (after Tanzania became a multiparty state).

The ghosts of shaky foundations of the union need to be exorcised. The marriage between the two was out of convenience. The marriage bore resentment from the people of Zanzibar. The children of the union are disenfranchised. The leaders across the divide politic. Either side of the union has its wishes. There are Tanzanian Zanzibaris who want secession, there are those who want more autonomy, there are those that want unity. The Tanzanians from the mainland also want the status union to be addressed. With the drafting of the new constitution ongoing, there is need for a comprehensive discussion on this matter. The Constitutional Review Committee gave a time frame for people, political parties and other interest groups to give their opinions on matters they would love to be addressed in the new law. There has been a surreal mentality from most Tanzanians that come the next elections, the country shall have a new constitution. Constitutions are not built in five years. They are built on a long time reflection and contemplation of a nation's needs and aspirations. Having been born on shaky foundations, Tanzania has the greatest opportunity to rethink the union. The union started on rather shaky legal and legal foundations. A critical renegotiation of the union ought to be a key priority of the Constitutional Review Committee.

Tume ya Mabadiliko ya Katiba Imeshindwa kwenda na wakati

Nicodemus Minde

Tupo kwenye zama za teknolojia na utandawazi. Mambo yote maisha ya mwanadamu siku hizi yanafanya kutumia ujumuiko wa watu wote duniani. Jumuiya ya dunia kwasasa inaletwa pamoja na mbinu za kisasa ambazo hujuisha mambo kama matumizi ya wavuti, mitandao ya kijamii, tarakilishi, barua pepe na kadhalika. Matumizi haya yamesaidia sana katika ukuzaji na ukuzwaji wa biashara, taasisi mbali mbali, mashirika yasio ya kiserakali, asasi za dini, taasisi za elimu, mashirika ya kijamii. Mashirika haya pamoja na asasi hizi zimetumia jukwaa hili la utandawazi kupanuka kibiashara, kitaasisi, kijamii na kadhalika. Upanuzi huu umesaidia makampuni haya na taasisi hizi kujiuza na kuhabarisha na kusambaza habari kuhusiana na taarifa zao, hoja zao na kadhalika.

Nimeshangazwa na tovuti ya tume ya mabadiliko ya katiba Tanzania kutofuata mkondo huu ilikusaidia kuhabarisha umma ya Tanzania pamoja na jamii nzima ya kimataifa kuhusiana na maendeleo yao katika mchakato mzima wa kukusanya maoni, taarifa za tume na mambo mengine yanayohusu tume hio.

 

Tovuti rasmi ya tume ya Mabadiliko ya Katiba ya Tanzania imeshindwa kutoa habari muhimu zinazohusu maoni ya vyama, maoni ya taasisi mbali mbali, maoni binafsi na hata wameshindwa kuwa na kipengele (link) ya habari zinazotokana na maoni ya katiba, taarifa zitokanzo na mchakato wa katiba na hata mienendo mbali mbali ya Katiba katika mataifa mbali mbali.

Rai yangu ni kwa tume hii. Taarifa ni kitu muhimu sana katika mchakato wa kuandaa katiba. Kuna haja kubwa kwa tume hii kuweka taarifa muhimu zitokanazo na maoni kuhusu katika. Nimefurahishwa na vipengele vilivyowekwa kwenye tovuti yao. Sheria kuhusu mabadiliko ya katiba imewekwa ndani, katiba ya sasa pia imewekwa ndani, pamoja na muundo wa tume hio inayoongozwa na Jaji Mkuu Mstaafu Joseph Warioba. 

Tovuti inapaswa kujumuisha madhalani maoni kuhusiana na muundo wa nchi, maoni kuhusiana na Muungano, sera mbali mbali za chama, mustakabali wa maendeleo ya mchakato huu. Misingi ya maendeleo ambalyo ndio chimbuko la mchakato huu wa mabadiliko ya katika inajumuisha azma ya upanuzi wa matumizi ya teknojia, upasishaji habari, kuleta watu pamoja na kadhalika.

Hii ndio rai yangu.