The Articles of Union between Tanganyika and Zanzibar

The Articles of Union between Tanganyika and Zanzibar 

A new proposed constitution would also impact the autonomous government in  Zanzibar , amid calls by some islanders to end to the 50-year union with the mainland. Tanganyika

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THE ARTICLES OF UNION between :

THE REPUBLIC OF TANGANYIKA AND THE PEOPLES' REPUBLIC OF ZANZIBAR

WHEREAS the Governments of the Republic of Tanganyika and of the Peoples' Republic of Zanzibar being mindful of the long association of the peoples of these lands and of their ties of kinship and amity, and being desirous of furthering that associatio! n and strengthening of these ties and of furthering the unity of African peoples have met and considered the union of the Republic of Tanganyika with the Peoples Republic of Zanzibar:

AND WHEREAS the Governments of the Republic of Tanganyika and of the Peoples'Republic of Zanzibar are desirous that the two Republics shall be united in one Sovereign Republic in accordance with the Articles hereinafter contained:-

It is therefore AGREED between the Governments of the Republic of Tanganyika and of the Peoples' Republic of Zanzibar as follows: -

(i) The Republic of Tanganyika and the Peoples' Republic of Zanzibar shall be united in one Sovereign Republic.

(ii) During the period from the commencement of the union until the Constituent Assembly provided for in Article (vii) shall have met and adopted a Constitution for the united Republic (hereinafter referred to as the interim period) the united Republic

(i! ii) to (vi).

shall be governed in accordance with the provisions of Articles

(iii) During the interim period the Constitution of the united Republic shall be the Constitution of Tanganyika so modified as to provide for-

(a) a separate legislature and executive in and for Zanzibar from time to time constituted in accordance with the existing law of Zanzibar and having exclusive authority within Zanzibar for matters other than those reserved to the Parliament and Executive of the united Republic;

(b) the offices of two Vice-Presidents one of whom (being. a person normally resident in Zanzibar) shall be the head of the aforesaid executive in and for Zanzibar and shall be the principal assistant of the President of the United Republic in the discharge of his executive functions in relation to Zanzibar;

(c) the representation of Zanzibar in the Parliament of the United Republic;

(d) such other matters! as may be expedient or desirable to give effect to the united Republic and to these Articles.

(iv) There shall reserved to the Parliament and Executive of the united Republic the following matters-

(a) The Constitution and Government of the united Republic.

(b) External Affairs.

(c) Defence.

(d) Police.

(e) Emergency Powers.

(f) Citizenship.

(g) Immigration.

(h) External Trade and Borrowing.

(i) The Public Service of the united Republic.

(j) Income Tax, Corporation Tax, Customs and Excise.

(k) Harbours, Civil Aviation, Posts and Telegraphs.

And the said Parliament and Executive shall have exclusive authority in such matters throughout and for the purposes of the united Republic and in addition exclusive authority in respect of all other matters in and for Tanganyika.

(v) The existing laws of Tanganyika and of Zanzibar shall remain in force in their respective territories subject-

(a) to any provision made hereafter by a competent legislature;

(b) to such provision as may be made by order of the President of the united Republic for the extension to Zanzibar of any law relating to any of the matters set out in Article (iv), and the revocation of any corresponding law of Zanzibar;

(c) to such amendments as may be expedient or desirable to give effect to the union and to these Articles.

(v) (a) The first President of the united Republic shall be Mwalimu Julius K. Nyerere and he shall carry on the Government of the united Republic in accordance with the provisions of these Articles and with the assistance of the Vice-Presidents aforesaid and of such other ministers and officers as he may appoint from Tanganyika and Zanzibar and their respective public services.

(b) The first Vice-President from Zanzibar to be appointed in accordance with the modifications provid! ed for in Article (iii) shall be Sheikh Abeid Karume.

(vii) The President of the united Republic: in agreement with the Vice-President who is head of the Executive in Zanzibar shall-

(a) Appoint a Commission to make proposals for a Constitution for the united Republic.

(b) Summon a Constituent Assembly composed of Representatives from Tanganyika and from Zanzibar in such numbers as they may determine to meet within one year of the commencement of the union for the purpose of considering the proposals of the Commission aforesaid and to adopt a Constitution for the united Republic.

(viii) These Articles shall be subject to the enactment of laws by the Parliament of Tanganyika and by the Revolutionary Council of the Peoples' Republic of Zanzibar in conjunction with the Cabinet of Ministers thereof, ratifying the same and providing for the Government of the united Republic and of Zanzibar in accordance therewith.

IN WITNESS WHERE Julius K. Nyerere, the President of the Republic of Tanganyika, and Abeid Karume the President of the Peoples' Republic of Zanzibar have signed these Articles, in duplicate, at Zanzibar, on this twenty-second day of April, 1964.

Passed in the Tanganyika  National Assembly on the twenty-fifth day of April, 1964, but never passed to Zanzibar National Assembly

The Future of the Union.

 In APRIL 26 Tanzanians will  celebrate the 51th anniversary of the union between mainland Tanganyika and the islands of Zanzibar. In honour of the occasion, the East African nation came together to rewrite its 1977 constitution. But instead of strengthening the union, the process may be tearing it apart. A draft based on public consultations was rewritten by a constitutional assembly dominated by members of the ruling Party of the Revolution (CCM). Opposition parties abandoned the process amid allegations of intimidation and abuse.  Their protest was dealt with harshly: opposition members have been arrested and the leader of the main opposition party, Chadema, was summoned for questioning by police.

At the centre of the dispute is Zanzibar’s desire for greater autonomy. At the moment Zanzibar has its own semi-autonomous government, but many islanders feel that the mainland still wields far too much power. The Constitutional Review Commission, which held public consultations and wrote a working draft of the new constitution, found that at least 60% of Zanzibaris were unhappy with the terms of the union. It proposed more autonomy.

Rather than the two-tier status quo, the commission proposed implementing a three-tier structure with semi-autonomous governments for both mainland Tanganyika and Zanzibar, and an overarching Tanzanian government.
The ruling party argued this would lead to increased demands for Zanzibari independence and the eventual dissolution of the union. Critics claim that CCM is opposed to the new structure because it would make it more difficult for it to retain power.
The dust-up over Zanzibar has overshadowed a number of improvements to the constitution, in the areas of human rights and gender equality. However, critics say that not enough has been done to limit the president’s powers. Provisions for a limited tenure for members of parliament, mechanisms for recall, elections and an independent public service commission—which had all been suggested by the review commission—failed to make it into the final draft.