Tanzania's new draft constitution proposes sweeping changes including press freedoms, the public's right to access information, education for all, greater representation for women in politics and the adoption of a federal system of government.
The draft, which the Constitutional Review Commission (CRC) unveiled Monday (June 3rd), would bring back the government of Tanganyika, which was abolished in 1964 when Zanzibar and Tanganyika united to form the United Republic of Tanzania.
"We weighed the pros and cons and arrived at the conclusion that the three-government structure was best," said CRC Chairman Joseph Warioba.
Scheduled for enactment on April 26, 2014, the constitution would classify Tanzania as a federal state, ending 50 years of confusion over matters of jurisdiction and fair representation between Tanganyika and Zanzibar. The constitution would also reduce the federal government's areas of responsibility from 22 to seven: the constitution, foreign affairs, defence and security, national currency, immigration, customs, and registration of political parties.
Expanded rights, separation of powers
The draft constitution would enhance rights by explicitly guaranteeing freedom of the press and the public's right to access information.
In addition, the document expands protections for Tanzanians interested in running for public office. It abolishes political party sponsorship requirements, thereby removing the ability of parties to control who vies for office.
The draft also guarantees women 50% representation in parliament, an increase from the current 30% quota. At present, women parliamentarians are appointed to special seats by parties, but under the proposed constitution, political parties would lose the power to nominate women to parliamentary seats. Instead, voters in every province would elect two parliamentarians, of whom one has to be a female and the other a male.
The draft constitution also takes the unprecedented step of making education a guaranteed right for every Tanzanian.
If approved, the constitution would considerably scale down the president's powers and his or her ability to appoint civil servants unchallenged. Any nomination would require parliamentary approval.
The constitution also stipulates that professionals in respective fields would fill ministerial posts, rather than career politicians. It limits the number of ministries in the federal government to 15.
The draft proposes term limits for parliamentarians to no more than three five-year terms. It also gives unsatisfied voters the power to recall their representatives.
The draft establishes Tanzania's Supreme Court, which would have the final say on legal matters and interpretations of the law.
President Jakaya Kikwete praised the CRC for its work and commitment to drafting the constitution since its formation in April 2012. CRC representatives have travelled the country to hold community meetings and gather input from citizens on the new constitution.
"They have done a commendable job," Kikwete said in a statement. "It is now the duty of the Constitutional Councils and the Constituent Assembly to fill in the remaining gaps."
For the next step, the Constitutional Councils of each district will review the draft and submit recommendations to the CRC to be included in second draft. The second draft then goes to the National Constituent Assembly for review and adoption.
Checks and balances
The draft is a good proposal, said Deus Kibamba, a lawyer and executive director of the Tanzania Citizens' Information Bureau, a group that promotes people's involvement in advancing principles of democratic government.
"We are still reading it, but by all parameters [the CRC] has done a good job," Kibamba told Sabahi. He expressed confidence that any needed changes would be made during the review by the Constitutional Councils -- scheduled to convene from June to August -- and during the Constituent Assembly deliberations in September.
However, Kibamba said, land disputes and leasing land to private companies should fall under the jurisdiction of the union government.
Parliamentarian James Mbatia also welcomed the draft, saying it was a good start.
"All along I have been crying for education to be given a human right status and be guaranteed by the constitution in this country, and at last here we are," he told Sabahi. "It is a good proposal, though it needs some improvements here and there."
Former Zanzibar Attorney General Hamid Mbwezeleni told Sabahi that he was satisfied with the draft because it would give the economies of Zanzibar and Tanganyika opportunities to grow. However, he urged politicians to avoid interfering in the process to approve the constitution.
"No one should speak for Zanzibaris on this draft. Politicians should make sure their hands are out of this process," he said. "Let the people decide for themselves what they want. [Political] party interests should not be filtered in the constitution."
Restoring the government of Tanganyika would end the Zanzibari people's long standing contention that a conflict of interest existed in the Union government as it tried to represent both Tanganyikan interests as well as national interests, said Mustafa Mkullo, a parliamentarian for Kilosa province and former finance minister.
"Now the line is clear. I am sure Zanzibar will start contributing to the Union government budget as required legally," Mkullo said. "They were objecting [to] supporting the budget on claims that they do not know the line between the Union and Tanganyika matters. Everything is known now."
If adopted, the proposed constitution would bring big changes to the country, especially in governance and leadership, Secretary General for Tanzania Episcopal Conference Anthony Mkude said.
The draft introduces checks and balances previously missing, he said. For example, parliamentarians no longer would be eligible to serve simultaneously as district or regional commissioners. Banning these practices would help contain corruption and abuse of power, Mkude said.
Draft receives mixed reception
However, not all Tanzanians liked what they saw in the draft constitution.
Charles Kitima, vice chancellor of Saint Augustine University of Tanzania, said he opposed electing two parliamentarians from each region and guaranteeing seats to candidates based on gender. He said this would be unnecessarily costly.
"Gender should never be a qualification for someone to be elected. We are setting the wrong precedence," he said. "Capacity should be the only qualification."
The notion that women need to be given special preference contravenes the principle of equality before the law and it makes some women underperform because they know that they are guaranteed a position, Kitima said.
Civic United Front Deputy Secretary General Hamad Masoud Hamad criticised the proposed 75-member parliament, saying that it short-changes Zanzibar with only 20 seats, compared to 50 for Tanganyika.
"In the union, we are equal partners," Hamad said according to Tanzania's The Citizen. "There is no small country and big country."
Others said a federal system would weaken the union. "Accepting the three-government system is encouraging union breakup," said Chama Cha Mapinduzi parliamentarian Peter Serukamba of Kigoma, Tanzania's The Guardian reported.
Spokesmen for the main opposition party Chama cha Demokrasia na Maendeleo and ruling party Chama Cha Mapinduzi said they were withholding official comment until after the parties studied the draft.
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