Democracy versus Stability: Political Reconciliation and the Government of National Unity in Zanzibar

A Government of National Unity was set up in Zanzibar after protracted peace efforts between two historical rival parties CCM and CUF in 2010. The GNU was pre-election pact sealed after the Maridhiano Talks between the Zanzibar president Amani Karume and CUF leader Maalim Seif Shariff Hamad in November 2009.  This move heralded a new beginning in Zanzibar. Despite this fact, I assess in the article the prospects of democracy vis-à-vis stability in the isles.

 

Please find the full article from the digital forum Kujenga Amani, a forum of the African Peacebuilding Network (APN) of the Social Science Research Council (SSRC) here:

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.

Katiba Watch: Understanding the Constituent Assembly

President Jakaya Kikwete will release the names of the members to the Constituent Assembly today. The sittings are expected to begin in 18 February 2014 in Dodoma.  The Constitution Review Act gives the President power to appoint 201 members of the Constituent Assembly drawn from non-governmental organisations (NGOs), faith-based organisations and all registered political parties. Others include institutions of higher learning, groups of people with special needs, workers’ associations, associations representing farmers, associations representing pastoralists and any other group of persons having common interest. Further to these, it is also be made up of all members of the National Assembly of Tanzania (358) and all members of the House of Representatives of Zanzibar (76) bringing a total 635 members.

 

Pursuant to the Constitution Review Act, Part V on the Convening of a Constituent Assembly, Article 22(3) the President shall publish the names of the members of the Constituent Assembly in the proclamation published in the gazette. Upon the first convening of the Assembly, a chairman and vice-chairman will be elected through a secret ballot by the members. Further to the spirit of the Union, if the chairman is from Mainland Tanzania, the vice shall come from Tanzania Zanzibar. The winner is determined by a simple majority. Standing Orders shall forthwith be established and adopted before members subscribing to an oath or affirmation.

 

Article 25 (1) in part states that the Constituent Assembly shall have and exercise powers to make provisions for the new constitution of Tanzania. It has been rumored that the ruling party CCM will come with an alternative draft constitution.Article 25 (2) states succinctly that the powers of the Constituent Assembly to make provisions for the proposed Constitution shall be be exercised by a Draft Constitution tabled by the Chairman of the Commission and passed by the Constituent Assembly.

 

This indeed, is a crucial step in the constitutional process in Tanzania. Much has been said about the powers bestowed by the president to appoint the members of the assembly, but it is time to accept and move on with the process. With a proposed lifespan of 70 working days, the Assembly ought to utilize this period effectively and efficiently.

Kauli ya Jussa Ladhu ya kuvunja Muungano haistahili na inapaswa kukemewa!

Mwakilishi wa Mji Mkongwe (CUF), Ismail Jussa Ladhu ametaka kuvunjwa kwa Muungano. Nimetuma maoni yafuatayo kwenye gazeti la Mwananchi.

Maoni ya mwakilishi wa CUF Jussa yanabidi ya kemewe sio tu na chama chake bali na watu wote wa Tanzania Bara na Visiwani. Maoni ya uchochezi yasiyo na msingi hayapaswi kuvumiliwa. Kiongozi yeyote ambaye anasimama mbele ya watu na kusema muungano haupaswi kuwepo ilhali takwimu za utafiti wa Tume ya Katiba inaonyesha idadi kubwa ya watu wa Tanzania wanataka muungano uwepo anapaswa kutoltiliwa maanani. Chama cha CUF kinapaswa kutoa tamko na kuhusiana na kauli ya Bw. Jussa! Watanzania wameainisha mstakabali wao kupitia rasimu ya awali ya Katiba. Sasa mjadala sio uwepo wa muungano bali mfumo na uthabiti wa muundo wa muungano. Tusikubali watu walio na maslahi binafsi ya uongozi kuturudisha nyuma.

Muungano: Let this not overshadow the Constitution Debate

I firmly believe in constitutionalism and the rule of law. I believe proper laws are the drivers of economic development. With Tanzania engaged in a constitution process, am pleased that we as a people have realized the importance of drafting a new constitution. The Constitution Review Commission of Tanzania headed by retired Judge Joseph Warioba has released a second draft in December 2013. (See my blog for other analysis regarding the first draft). 

Topical issues that are central in the constitution have been mainly the issue of the Union, the powers of the president and integrity of civil servants amongst others. I feel that we are so much ingrained in the issues of the political union of Tanzania mainland (Tanganyika) and Tanzania Zanzibar (Zanzibar) and forgetting to debate on other important articles of the proposed draft. I am not belaboring people's interests in the topic of the union debate but much emphasis should also be directed in the discussion of other issues arising from the draft law. Issues such as leadership and integrity, leadership and accountability, natural resource management, human rights and the rule of law, separation of power in the three arms of government, freedoms of press, fostering national unity among others. 

The process should also be owned and driven by people. Civil society organizations should play incisive role in making this process owned by the people and not be a political agenda or a preserve of the politician.