Quotes on Constitution and the Scottish Independence: Lessons to Tanganyika - Zanzibar Union

Thomas Paine was an English-American political activist who wrote a lot on constitution making. He has very notable constitution quotes which are relevant to Tanzanian context as we write our constitution. Here are some:

 

"The Constitution of a Country is not the act of its Government, but of the People constituting a Government."

 

"A constitution has not an ideal but a real existence, and wherever it cannot be produced in visible form, there is none."

 

"A constitution is the means by which the people determine the nature of the government that they will set over themselves, it is to a government what the laws made afterwards by that government are to a court of judicature."

These are interesting quotes especially on the supremacy of peoples' choice as opposed to party directives (in this case the ruling party - CCM). 

I have found an interesting article on Scottish independence which is relevant to the national debate on the future of the Tanganyika - Zanzibar Union which is a contentious and polarizing subject in our country Tanzania. You can read it here.

The hypocrisy of US Foreign Policy in Ukraine

Russian President Vladimir Putin

There has been a buzz over Ukraine in the last few weeks. The media is reporting it as the Crisis in Ukraine, emblematic to previous media declaration such as those in Syria (Syrian Crisis), Egypt (the Crisis in Egypt) e.t.c. What started as street protests by the people of Ukraine over the country's stance of being anti-European Union, soon escalated and saw the entrance of other forces. Efforts to pacify the opposition factions by the now ousted President Viktor Yanukovich were squashed. Yanukovich had made serious concessions which the European Union rebuffed in contempt. The February-21 agreement was mediated by Russia, France, Germany and Poland and aimed to end the bloodshed in Kiev by reducing presidential powers and establishing a framework for a national unity government, in addition to electoral reform, constitutional changes, and early elections. These efforts failed and the opposition toppled Yanukovich.

John Kerry and Ukraine interim leaders

British Foreign Secretary William Hague

In a leaked telephone conversation between the US Assistant Secretary of State Victoria Nuland and the US ambassador in Ukraine saw the use of 'undiplmatic' language (Fuck the EU). Russia was responsible for the telephone leak. The conversation between the two showed America's proclivity to meddling in foreign relations and determining the destinies of countries based on Washington's recourse. As soon as the 'crisis' took another dimension after the ouster of a legitimate government, Nuland's conversation and statements were quickly forgotten and the barrel shifted. The interim government, reminiscent of the Transitional National Council in Libya, received praise and admiration from the West. Kiev, the capital of Ukraine started to receive high profile visits from the British Secretary of State William Hague and his American counterpart John Kerry. It did not take John Kerry long to brand the actions by Russia on Ukranian autonomous region of Crimea as an 'incredible act of aggression'.  Russia had sent its troops to Crimea, a region  with a 59% Russian speakers. 

"It's an incredible act of aggression. It is really a stunning, willful choice by President (Vladimir) Putin to invade another country. Russia is in violation of the sovereignty of Ukraine. Russia is in violation of its international obligations," Kerry said. It hard to imagine these words coming out of John Kerry, whose country has in the past in utter disregard of international law and norms invaded countries and violated their sovereign authority and integrity using various euphemistic pretexts such as 'humanitarians' 'democracy' etc. Before the ongoing Geneva Talks over Iran Nuclear, there was heightened rhetoric of a plausible invasion of Iran with America's ally Israel fueling the rhetoric. Western media camouflaged in 'humanitarian plea' demanded Obama to act on Syria's use of chemical weapons on its citizens. In 2011, the US invaded Libya on humanitarian grounds brutally killing Muammar Gaddafi. The US has also used the drones, sending them to Yemen, Afghanistan and Pakistan allegedly to do away with 'terrorists'. All these acts are tantamount to aggression, the same crime they accuse Russia of doing. This is an aberration to the foundations of democracy and rule of law which US prides itself on. 

President Putin affirmed that Russia is not going to war with Ukraine and there are not trying to make Crimea apart of Russia. What is mind boggling is the$ 1 billion in US aid, loan guarantees pledged by US to help Ukraine economy. Your guess is as good as mine!   

Ndani ya Bunge la Katiba: Mbowe na Marafiki wa Tanganyika

Ni siku chache tangu Bunge la Katiba lianze kazi yake mjini Dodoma. Mbali na uteuzi wa Mwenyekiti wa muda Pandu Ameir Kificho, mjadala umekuwa wa posho za wajumbe hawa. Ni aibu kubwa kwa taifa letu kuona kwamba mjadala anzilishi wa Bunge la Katiba sio wa hoja bali ya posho za wajumbe. Nimeamua makusudi kukwepa mjadala huu na hata kuchangia kwa upana. Sio jambo la kupoteza muda wako.

Nimependezwa na uledi na ustadi makini na hatua ya Mwenyekiti wa Chadema na Kiongozi wa Kambi ya Upinzani Bungeni Mh. Freeman Mbowe kuanzisha kundi la marafiki wa Tanganyika. Waingereza wanaiita "caucus". Ni hatua madhubuti ambayo kulingana na Mh. Mbowe, itajumuisha aina mbali mbali ya makundi ndani ya Bunge hilo. Mtazamo huu chanya ni muhimu katika kuteka hoja mbali mbali ambazo zinahusu upana wa maslahi na sio ufinyu wa maslahi ya kichama, kikanda, ama hata ya kidini. Kwa mujibu wa Mbowe, kundi hili halitakuwa na chembe ya itikadi ya chama cha siasa, bali litaundwa na 'marafiki wa Tanganyika'.Licha ya mtazamo wa wazi wa Chama cha Mapinduzi kudai Mfumo wa Serikali mbili ndani ya Muungano, Mbowe anaohisi sio mtazamo wa WanaCCM wote. Misingi bora ya demokrasia katika demokrasia pevu na zilizostawi, mfumo huu wa kuleta makundi "Lobbying and Caucusing" kwa kimombo, ndio njia muafka wa kujenga maridhiano (building consensus) hata kama kuna mitazamo tofauti (diverging opinions). Ni kwa msingi huu Mbowe amependekeza uundwaji wa vikundi vya sampuli hii. 

Rai yangu kwa wajumbe wa Bunge la Katiba kujenga maridhiano kupitia makundi ya kirafiki ambayo itahusisha itikadi mbali mbali na kuleta umoja wa kitaifa. Historia inatufundisha kwamba michakato ya Katiba inaweza kuigawanya nchi kama haitaendeshwa kwa ufasaha ila inaweza kutumika kama nyenzo kuu ya kuleta watu pamoja katika maazimio ya pamoja (common aspirations) ambayo ni nguzo kuu ya katiba yoyote duniani. 

  

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)

Media role in the Constitution Process in Tanzania

The fourth estate, as the media has come to be known is very important in any civilized democracy. The media acts as an integral nexus between governance and the people and between policy and the people. The people need the media and the media needs the people. It is a unique symbiotic relationship which has existed for many years. Mature democracies world over are driven by vibrant media. The media not only informs but has been used as an advocate for change and has been used as a tool for creating awareness among people. The media has been used to question and criticize the government and shape public opinion on fundamental aspects that are pertinent to society. 

Tanzania newspapers reporting

the country at a crucial constitution making stage, the media should rise above partisan interest and report objectively on the goings on in the Constituent Assembly which start this month. Tanzania newspapers in the recent past have failed to draw the line between mainstream journalism and tabloid business (udaku). Many of them have failed to position themselves as national newspapers despite them claiming this status. Some newspapers are openly known to be party based and thus biased with regard to the party interests. What struck me is when the list of the Constituent Assembly members was released by the President. A number of newspapers were quick to praise the appointments while others trashed saying the president got the appointments wrong.

The media should rise above the whims and caprices and be a neutral arbiter in the constitution process. more than ever, a balanced and objective media will help to drive the agenda based on consultative engagements of the country's citizenry. The media should create a platform for constructive engagements through objective reporting. Inflammatory and alarming statements should be avoided and if they really need to be published let them be euphemistically framed.      

Chadema washeherekea kwa mbwembwe Arusha!

Waendesha bodaboda

Chadema washeherekea ushindi Arusha

Wafuasi wa Chadema wakicheza na kufurahia mjini Arusha baada ya ushindi wa diwani wa kata ya Sombetini.

 Mbwembwe za wafuasi wa Chadema.

 Mbunge wa Arusha mjini akiwapungia wafuasi wa Chadema walifurika licha ya mvua kubwa.

Maandamano ya waendesha pikipiki almaarufu kama bodaboda (Toyo) wakiongozana katika msafara wa ushindi karibu na hoteli ya Palace jijini
Arusha.