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Democratization Process in Tanzania

Democratization Process in Tanzania

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Democratization Process in Tanzania Transition to Democracy Key Constitutional and Structural Reforms in Tanzania Elections and their Outcome Civil Society and the Democratization Process in Tanzania State-Civil Society Relations Problems of Civil Society

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Page 1: Democratization Process in Tanzania

Democratization Process in Tanzania

Page 2: Democratization Process in Tanzania

Democratization Process in Tanzania

• Transition to Democracy• Key Constitutional and Structural Reforms in

Tanzania• Elections and their Outcome• Civil Society and the Democratization Process

in Tanzania• State-Civil Society Relations• Problems of Civil Society

Page 3: Democratization Process in Tanzania

Transition to Democracy

• The struggle for democracy is primarily a political struggle on the form of governance,

• It involve the reconstitution of the state.• No one claims that democracy means and

aims at social emancipation. • The struggle for democracy is located on the

terrain of political liberalism

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Transition to Democracy• The tension between political democracy and social

emancipation constantly beleaguered the liberation and independence movements.

• This tension inevitably got enmeshed in the cold-war ideological confrontation between the two power blocks under respective superpowers.

• The cold war confrontation not only “disfigured” the liberation and democratic discourse in Africa, it turned the newly and fledging independent states into pawns, and the continent into a chessboard, of proxy hot wars.

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Transition to Democracy

• Military coups became the order of the day in the ‘60s and ‘70s.

• The targets were nationalist regimes, which wanted to carve out an independent space and give their sovereignty a degree of reality.

• Between January 1956 and the end of 1985 there were sixty successful coups in Africa, that is, an average of two every year

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Transition to Democracy

• The regimes, which escaped the fate of military take-over inevitably turned authoritarian one-party states under some or the other form of developmentalist rhetoric

• The one-party rule and limitation of individual freedoms was presented as a trade-off between democracy and development.

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Transition to Democracy

• By the end of 1970s, many African states, regardless of the nature of their states or their economic policies or ideological orientation, found themselves in deep economic crisis

• High debts, low or negative growth rates, hyper inflation

• The combination of economic crisis at home and the rise of neo-liberalism globally made many an African country a ready victim of the IMF-World Bank structural adjustment programmes or SAPs

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Transition to Democracy

• SAP came with its stringent conditionalties liberalization of markets, balancing of budgets, removal of subsidies, so-called cost-sharing in the provision of social services, etc..

• African states, including the most nationalist among them like Tanzania, were in no position to resist

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Transition to Democracy

• The fall of the Berlin Wall, followed by the first Gulf War, marked another phase in the political come-back of imperial hegemony

• Political conditionalities were added to economic conditionalities, while economic conditionalities were upgraded to include privatization of not only parastatals but also services

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Transition to Democracy

• Multi-party democracy, human rights, “good governance”, poverty reduction became the buzz words of the discourse, now renamed, “policy dialogues

• Democracy is a form of government in which all citizens have an equal say in the decisions that affect their lives.

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Democracy

• It comes from the Greek word demokratía • It is a union of two words demos meaning

common people and kratos which means power.

• Therefore democracy can simply be defned as the power of the common people.

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Democratisation

• Democratisation is the process in which democracy is established.

• The process is never ending and in continuous development, both in well and newly established democracies

• It demands patient renewals and a continuous search for the balance between conficting social interest groups and priorities.

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Democratisation

• democratisation was theorised as a transition from authoritarian rule to democracy in four phases

• 1) political liberalisation,• 2) collapse of authoritarian regime, • 3) democratic transition, • 4) democratization consolidation

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Democratisation

• political liberalisation relates to the process of liberalisation and reform of authoritarian regime

• The second the stage when the authoritarian regime collapses,

• Democratic transition phase, is the change to formal democracy most often initiated by a multi party “watershed election”,

• last phase the institutions and perceptions of democracy are embedded within the society

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Consolidation of democracy

• Consolidation of democracy is the process in which both the elite and masses embrace democratic principles in attitude and behaviour.

• The consolidation of democracy is linked to three key dimensions:

• 1) The democracy needs to be deepened and made more authentic

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Consolidation of democracy

• 2) The political institutions of democracy must become more coherent, capable and autonomous, so all major political players are willing to commit to and be bound by their rules and norms

• 3) Democracy needs to effectively address society’s most pressing problems and (…) provide the liberty, accountability and responsiveness that citizens expect from democracy and the order that they expect from any government

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Democracy in Tanzania

• Tanganyika (Tanzania Mainland) had a multiparty political system,

• The Tanganyika African National Union (TANU), established in 1954 was the overwhelmingly a dominant political party in pre independence Tanganyika.

• Other political parties were United Tanganyika Party (UTP), the African National Congress (ANC) and All Muslim National Unity of Tanganyika (AMNUT).

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Democracy in Tanzania

• In Zanzibar (Tanzania Islands) there were three important political parties prior independence. These included

• ZNP-Zanzibar Nationalist Party, • ASP-Afro Shiraz Party • and ZPPP-Zanzibar and Pemba Peoples Party.

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Democracy in Tanzania • The multiparty general election in Tanganyika prior to

independence took place in 1958, 1960 and 1962 when Tanganyika became a republic and Mwalimu Nyerere as the first President.

• After the attainment of independence, the ruling party (TANU) under the Chairmanship of Mwalimu Nyerere, denounced opposition parties and introduced the single party system in 1962.

• All general elections since 1965 to 1990 were held in a single party system, though they were competitive in nature.

Page 20: Democratization Process in Tanzania

Tanzania Experience.• The United Republic of Tanzania was established in April

1964, following the amalgamation of the former independent states of Tanganyika and Zanzibar.

• The United Republic came about after a long and harsh period of colonization.

• Tanganyika was first colonized by the Germans and later handed over to the British in 1920 under the trusteeship system through a mandate from the League of Nations.

• Tanganyika attained independence in December 1961 under the leadership of Julius Nyerere.

Page 21: Democratization Process in Tanzania

Tanzania Experience

• In 1962, when Nyerere assumed the mantle of power, the country effectively operated under a de facto one-party state.

• A de jure one-party state was proclaimed in 1965, after the adoption of recommendations by a Presidential Commission on constitutional matters.

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Tanzania Experience

• The constitution was amended by Parliament. • The role of national elections was retained,

although the candidates for elections were selected by the political party (TANU).

• There was a stipulation that each seat could be contested by two candidates in order to ensure that no member could be elected without commanding a majority of support.

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Tanzania Experience

• From 1965 to 1980 under the one-party system were conducted under these rules.

• Presidential elections were held at the same time as parliamentary elections.

• Julius Nyerere regularly contested elections every five years

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Tanzania Experience

• The Arusha Declaration of 1967 tried to establish a more egalitarian society, placed emphasis on self-reliance, and avoided dependence upon foreign aids or loans.

• The strategy entailed that the state owns the main means of production and vital services.

• Commercial banks, industries, and leading import and export houses, were nationalized.

Page 25: Democratization Process in Tanzania

Tanzania Experience

• By the mid 1970s, the Tanzanian economy began to weaken rapidly as a result of the ambitious and, in most cases, unrealistic development policies that had been adopted.

• Despite the rhetoric of self-reliance, Tanzania continued to depend on foreign aid.

• The economy hit a crisis point by the end of the decade when it found it was increasingly diffcult to meet its debt obligations.

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Tanzania Experience

• In light of these difficulties, the International Monetary Fund (IMF) and the World Bank urged the Tanzanian government to abandon its socialist policies

• Tanzania to adopt a structural adjustment programme (SAP).

• President Nyerere, undaunted, refused to accede to these demands.

• The economic crisis was exacerbated

Page 27: Democratization Process in Tanzania

Tanzania Experience• The economic crisis was exacerbated by the rapid decline

in exports and Tanzania’s inability to import even the most basic commodities.

• The villagisation programme was also seen as a failure peasant farmers were not producing as effectively on a co-operative basis, leading to an overall decrease in agricultural production.

• The economy was further affected adversely by the fuel oil shocks in the 1970s,

• Economy was further affected by drought and by the war with Uganda.

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Tanzania Experience

• To rescue the economy, a National Economic Survival Programme (NESP) was launched in 1980.

• The plan failed as it was designed on the principles of self-reliance, albeit with a large external resource component.

• External funds were not forthcoming• By 1982, smuggling became rampant and the

secondary economy became the only means of survival for the majority of the population.

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Tanzania Experience

• Nyerere accepted SAP, but he was never willing to accede to the demands of the international donor community.

• The process was designed to appease the IMF and the World Bank in order to obtain sorely needed aid rather than to restructure the economy fundamentally.

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Tanzania Experience

• In 1985, Nyerere stepped down as President and Ali Hassan Mwinyi took over.

• Nyerere continued to be an important political figure by retaining the position of chairperson of the ruling party Chama Cha Mapinduzi (CCM)

• CCM was formed in 1977 after the amalgamation of the Afro-Shirazi Party (ASP) and TANU.

Page 31: Democratization Process in Tanzania

Tanzania Experience

• The departure of Nyerere from the presidency allowed the new government to embark upon a World Bank-IMF sponsored Economic Recovery Programme (ERP) that lasted for three years.

• The emphasis was on the correction of external imbalances, reducing budget deficits, reducing infation and providing adequate incentives to producers , trade liberalisation and reduction of the public sector.

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Tanzania Experience

• In 1989, when the term of the ERP expired, an Economic and Social Adjustment Programme (ESAP) was adopted

• The deleterious effects of the ERP on the population, with a real decline in wages, increasing infation, increasing unemployment, as well as a growing unequal distribution of income coupled with a decay of social services

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Tanzania Experience

• ESAP emphasize the rehabilitation of infrastructure and the provision of essential services, albeit on a cost sharing or user pays basis

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Tanzania Experience

• The negative effects of the ERP and growing opposition to the government, no doubt assisted by the democratising wave that swept through Africa in the early 1990s, led to demands for political liberalisation.

• The impetus for liberalisation came from opponents of the ERP who blamed the one-party state for the country’s economic woes,

• From the exhausted international donor community under the aegis of the WB

Page 35: Democratization Process in Tanzania

Tanzania Experience

• Calls for political liberalisation were spurred by the critical role of Julius Nyerere, who challenged the ruling party’s legitimacy

• In a public speech in February 1990, he argued that the party had lost touch with the people.

• In 1991, Nyerere resigned from his position as chairperson of the CCM and advocated that Tanzania should move towards a competitive political system.

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Tanzania Experience Political liberalisation and competitive politics

• President Mwinyi appointed the Nyalali Commission to recommend whether Tanzania should operate in a multiparty environment.

• The commission presented a draft report to the President in December 1991, in which it recommended the adoption of a multiparty system

• the commission recommended that 40 pieces of repressive legislation should be repealed and a body established to oversee the transition

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Tanzania Experience Political liberalisation and competitive politics

• A Constitutional Commission was to be appointed and a programme of political education in democracy was to be instituted

• In February 1992, the CCM repealed the single-party clause and paved the way for the parliament to pass a Political Parties Act

• Multiparty system was effectively allowed June, 1992.

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Tanzania Experience Political liberalisation and competitive politics

• The Act stipulated that new political parties had to be registered with the Registrar of Political Parties

• Political Parties are required with a minimum of 200 members each from the 10 regions in the country.

• Parties had to satisfy the Registrar that they were not formed on an ethnic, regional, religious or sectarian basis.

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Tanzania Experience Political liberalisation and competitive politics

• The delay in legalising the multiparty system proved disadvantageous to opposition parties who were unable to operate as a result of prevailing constitutional requirements.

• The opposition’s diffculties were compounded by the President who decreed that the debate on multipartyism was to be restricted to the Nyalali Commission, effectively gagging the opposition.

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Tanzania Experience Political liberalisation and competitive politics

• The opposition, coalesced to form the Steering Committee for the Seminar on Transition to Multiparty Democracy.

• After the seminar was held, the committee transformed itself into the National Committee for Constitutional Reforms (NCCR).

• The NCCR elected Chief Abdullah Fundikira as its chairperson and established a secretariat.

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Tanzania Experience Political liberalisation and competitive politics

• The NCCR argued that the Nyalali Commission was an unnecessary waste of scarce resources, because it could not deny people their most fundamental human rights.

• The NCCR threatened the government that unless it legalised the multiparty system within a year, the opposition would go ahead regardless of the legal requirements.

• NCCR called on the President to establish a transitional government while preparing for multiparty elections.

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Tanzania Experience Political liberalisation and competitive politics

• Opposition split once a multiparty system was established because it suffer disunity.

• The disunity of the opposition was evident with the declared intention of 24 political parties to seek registration.

• The majority of these parties were led by discontent former CCM members.

• They either had been marginalized by or expelled from the ruling party had endured detention or had been exiled.

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Tanzania Experience Political liberalisation and competitive politics

• This was the case with opposition parties such as the Union for Multiparty Democracy led by Chief Abdallah Fundikira,

• The Tanzania Democratic Alliance Party led by Oscar Kambona

• The Civic United Front led by James Mapalala and Seif Hamad.

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Tanzania Experience Political liberalisation and competitive politics

• The opposition called for a national convention as was recommended by the Nyalali Commission to lay the foundations of a democratic agenda for Tanzania.

• Calls to establish a Constitutional Commission to draft a new constitution, which was to be ratified by a constituent assembly s convened for this purpose.

• However, these demands, were rejected by CCM.

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Tanzania Experience Political liberalisation and competitive politics

• The Nyalali Commission was forced to address the Zanzibar question as the rift between politics on the mainland and the island widened.

• The commission proposed institutional changes to the structure of the union - from a union with two governments

• to a federation with three governments.• CCM rejected the recommendation

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Tanzania Experience Political liberalisation and competitive politics

• The parliament later passed a unanimous resolution demanding that the government introduce a bill which would allow for a Government of Tanganyika thereby adopting a three government structure.

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Tanzania Experience Political liberalisation and competitive politics

• The issue was decided finally by a referendum of CCM party members in which nearly 40% of the total membership voted.

• The vote, as reported to the NEC of the party in 1994,

• 62% of the members wished to retain the existing system.

• 29% favored a single government • only 9% supported a three government structure.

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Tanzania Experience Political liberalisation and competitive politics

• This change was precipitated by concerns about the election of the Vice-President and Zanzibar’s decision to join the Organisation of Islamic Conference (OIC).

• The election of the vice-president was necessitated by changes to the constitution as a result of the introduction of the multiparty system.

• In order to deal with these constitutional changes, President Mwinyi appointed a committee to recommend changes with Mark Bomani as chairperson.

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Tanzania Experience Political liberalisation and competitive politics

• The Bomani Committee proposed that, in the light of the practice of having two vice-presidents,

• there should be the prime minister of the union government and the president of Zanzibar, and a single vice-president for the United Republic.

• It recommended the American model of choosing the Vice-President with the proviso that the vice-president come from a different part of the union as the president thus ensuring that all of the union’s interests were represented.

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Tanzania Experience Political liberalisation and competitive politics

• It was felt that the American system where the president stood for election with a vice-presidential candidate would ensure that both came from the same political party.

• While this recommendation received support on the mainland, it was unacceptable in Zanzibar.

• The CCM Central Committee recommended to the National Executive Committee (NEC) that the system in place, in deference to Zanzibar’s opposition, should be retained.

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Tanzania Experience Political liberalisation and competitive politics

• The transitional period coincided with the timetable for elections that were to be held in 1995.

• During this time, the CCM consolidated its position and controlled all institutions.

• It established the rules under which new political parties were to operate and frequently intervened in the ‘national interest’.

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Tanzania Experience Political liberalisation and competitive politics

• The transitional period coincided with the timetable for elections that were to be held in 1995.

• During this time, the CCM consolidated its position and controlled all institutions.

• It established the rules under which new political parties were to operate and frequently intervened in the ‘national interest’.

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Tanzania Experience Political liberalisation and competitive politics

• The CCM represented itself as the party that upheld Tanzania’s record of peace, stability and solidarity in contrast to the opposition that threatened the very fabric of the nation by articulating particular interests.

• In particular, it refused media access to the opposition by not relinquishing its hold on the sole national broadcasting agency, Radio Tanzania.

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Tanzania Experience Political liberalisation and competitive politics

• It refused to repeal the 40 pieces of repressive legislation which made it difficult for the opposition to function,

• It refused to mount a democracy education programme.

• This allowed the government to intimidate the opposition.

• Critically, during the transition phase, the CCM remained dominant and the boundaries between the government and the party remained blurred.

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Tanzania Experience Political liberalisation and competitive politics

• The long transitional period meant that it was difficult for the opposition to maintain a coherent position.

• The initial euphoria of multipartism waned as the opposition was unable to provide a viable alternative set of policies.

• The opposition found it extremely difficult to penetrate the rural areas where the CCM had its strongest support.

• Opposition became largely an urban party.

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Tanzania Experience Political liberalisation and competitive politics

• By the time of the 1995 multiparty elections, 13 political parties were granted registration.

• The government’s rules prohibited any independent candidates from contesting either the presidential or parliamentary elections.

• This stipulation was successfully challenged in the High Court, which ruled that these provisions were unconstitutional as they impinged on the rights of all citizens to participate in government.

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Tanzania Experience Political liberalisation and competitive politics

• Despite the High Court ruling, the government successfully passed a constitutional amendment which made these provisions subject to the newly enacted electoral laws.

• “This is very dangerous. Where can we stop? If one section of the Bill of Rights can be amended, what is to stop the whole Bill of Rights being made meaningless by qualifcations of, and amendments to, all provisions? “ J,K.Nyerere

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Tanzania Experience Political liberalisation and competitive politics

• Chama Cha Demokrasia na Maendeleo (CHADEMA)• National Convention for Construction and Reform (NCCR-

Mageuzi)• Civic United Front (CUF) • National Resistance Alliance (NRA),• the National League for Democracy (NLD),• the Popular National Party (PONA), • the Tanzania Democratic Alliance (TADEA), • the Tanzania Peoples Party (TPP), • the Union for Multiparty Democracy (UMD)• United Peoples Democratic Party (UPDP).

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Tanzania Experience Political liberalisation and competitive politics

• A large number of opposition parties, as well as opposition disunity clearly favoured the CCM.

• Nevertheless, the opposition presented a potential challenge to the CCM and was able to point to the rampant corruption and economic mismanagement that had occurred under the aegis of the ruling party.

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Democracy in Tanzania

• Despite Majority of Tanzanians refused the introduction of multiparty due to the fear that the political parties will lead to civil wars and disruption of the long existing unity and peace.

• The multiparty political system was offcially reintroduced in 1992 after the collapse of the USSR in 1980s and pressure from the donor countries (USA and Europe) the World Bank and International Monetary Fund conditionalities

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Democracy in Tanzania • The late Mwalimu Nyerere played a major role in educating

the Tanzanians on the importance of multiparty system. • He was the one who banned the political parties soon after

independence. • He realized his mistakes and because of his infuence and

reputation as the father of the nation, multiparty system was officially signed on 1st July,1992.

• This marked the era of true democracy in Tanzania, where many political parties registered, including the ruling party (CCM) which was the first party to get the certifcate of registration, followed by CUF,

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Key Constitutional and Structural Reforms in Tanzania

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What is a constitution?

• The term was first used in relation to the Revolution of 1688 in Britain. Eighteenth-century French writers like Montesquieu referred favourably to the‘ British constitution' which either does not exist, or is an 'unwritten constitution', a contradiction in terms.

• The first written constitution was the American one drawn up by the Philadelphia Convention in 1787. It has provided a model for many others.

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What is a constitution?

• The laws under which a country is ruled, which give the people rights and responsibilities, and which give the government powers and duties (Collis, P.H Dictionary of Politics and government)

• Constitutions are sets of formal written rules governing states and organizations. (The Blackwell Dictionary of Political Science)

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What is a constitution?

• The rules and practices that determine the composition and functions of the organs of central and local government in a state and regulate the relationship between the individual and the state. (Oxford dictionary of law)

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Types of Constitution.

(1)As to their origin and history:(a)Conventional / enacted.− one which is enacted by a constituent assembly or granted by a monarch.(b)Cumulative / evolved.− like the English Constitution, one which is a product of growth or a long period of development originating in customs, traditions, judicial decisions, etc., rather than from a deliberate and formal enactment.

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Types of Constitution.

• (2)As to their form:• (a) Written− one which has been given definite

written form at a particular time, usually by a specially constituted authority called a “constitutional convention”.

• (b) Unwritten− one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character, usually bearing different dates.

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Types of Constitution.

• (3)As to manner of amending them:• (a) Rigid / inelastic− one regarded as a

document of special sanctity which cannot be amended or altered except by some special machinery more cumbrous than the ordinary legislative process.

• (b) Flexible / elastic− one which possesses no higher legal authority than ordinary laws and which may be altered in the same way as other laws.

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The Constitution CompositionThe Constitution is comprised of the following:

• Preamble:The preamble is the introduction to the Constitution. It is the part of a statute that sets out its purposes and effects. It follows immediately after the long title and date of royal/president assent. • Articles:

• Amendments:Changes made to legislation, for the purpose of addingto, correcting, or modifying the operation of the legislation.

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Independence Constitution (1961-1962)

• After independence from the United Kingdom, Tanganyika adopted a first constitution based on the Westminster Model (with the exclusion of the Bill of Rights).

• This defined a Governor General, representative of the Queen of Tanganyika, Elizabeth II, to be the formal head of state, while the executive was led by the First Minister or the Prime Minister, chosen from the majority party.

• This constitution also established the independence of the judiciary

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Republican Constitution (1962-1964)

• In 1962, the Tanzanian Parliament (made solely of nominees from the TANU) formed itself into a constituent assembly and drastically revised the 1961 constitution, most notably with the establishment of a strongly presidential system.

• The new President of Tanzania was granted the prerogatives of both former roles, Governor General and First Minister, serving as the head of state as well as commander in chief of the armed forces.

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Republican Constitution (1962-1964)

• He was granted the right to designate the vice president and Ministers, and the right to dismiss the Parliament under certain circumstances.

• The President also inherited security-related, repressive powers that were formerly of the Governor General, with the addition of new ones; the Preventive Detention Act, for example, gave the President the right to detain any person without trial.

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Interim Constitution (1964-1977)

• In 1964, Tanganyika and Zanzibar merged into the United Republic of Tanganyika and Zanzibar, renamed into "United Republic of Tanzania" that same year.

• The constitution of the newborn nation was based on Tanganyika's 1962 Republican Constitution, modified according to the agreements between TANU and Zanzibar's majority party, ASP.

• These agreements had been ratified under the name "Articles of Union", and became part of the new constitution as "Acts of Union".

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Interim Constitution (1964-1977)

• The most notable feature of the Acts of Union was the establishment of the double government structure that is also part of Tanzania's current constitution.

• This structure included one government for the Union and one largely autonomous independent government for Zanzibar.

• Zanzibar's government included its own Parliament and President. The President of Zanzibar also served as vice president of the Union.

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Interim Constitution (1964-1977)

• The constitution of 1964 was adopted ad interim.

• The Acts of Union themselves included directions on steps to take to elaborate a definitive constitution, to be elaborated by a constituent assembly comprising representatives of both TANU and ASP.

• This procedure was initiated but was later suspended.

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Changes in 1965

• The Interim Constitution was modified several times after its first layout. A major change was made in 1965 to formalize the single-party nature of the Tanzanian government.

• Coherent to the double government structure defined in 1964, the 1965 Constitution identified two government parties, TANU for the Union and ASP for Zanzibar.

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Changes in 1965

• In the following years, several amendments were added. Those reduced the autonomy of Zanzibar and further strengthened the single-party state.

• For example, an amendment in 1975 established that all the government institutions, including the Parliament, were subordinate to the party's executive committee.

• At that time, TANU and ASP were about to merge into the Chama Cha Mapinduzi (CCM), something that happened in 1977.

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Permanent (Fourth) Constitution (1977-today)

• One month after CCM was founded, the Permanent Constitution was approved. This Constitution essentially confirmed the main principles of the Republic and Interim Constitutions, i.e.,

strong presidentialismdouble government structure single-party state.

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Permanent (Fourth) Constitution (1977-today)

• Since 1977, several amendments have been applied to the original Constitution. Many of these are related to the relationship between the united government and the Zanzibar government.

• In the early 1990s, President of the Union Ali Hassan Mwinyi launched a programme of liberal reforms.

• He nominated a commission (named Nyalali Commission after its president Francis Nyalali) dedicated to preparing the transition to a multi-party political system.

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Permanent (Fourth) Constitution (1977-today)

• Based on the commission's works, several amendments were promulgated.

• The Eighth Amendment (1992) established that a member of any registered political party could run for any political seat; coherently, new rules were defined governing the parties' registration.

• The Ninth Amendment reorganized presidential elections and introduced the possibility of impeachment by the Parliament; further, it separated the functions of President and Prime Minister.

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Permanent (Fourth) Constitution (1977-today)

• The relationships between Zanzibar and the Union were also modified over time.

• The Eleventh Amendment established the President of Zanzibar and the Union vice president as two different, independent roles

• April 2000: The Thirteenth Constitutional Amendment It introduced the following changes:

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Permanent (Fourth) Constitution (1977-today)

• Prior, a candidate needed 50% of votes in presidential elections to be declared president of the United Republic; only a simple majority is now required to be declared president.

• Prior, the President had no power to nominate any body to parliament all members of parliament except the Attorney General, women in special seats and representatives of the Zanzibar House, were elected form constituencies. The Constitutional amendment allowed the President to nominate up to 10 members of parliament.

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Permanent (Fourth) Constitution (1977-today)

• The Constitutional amendment allowed the President to nominate up to 10 members of parliament.

• Increased the number of special seats for women from 15%- 20%, depending on the declaration of the National Electoral Commission from time to time, with the consent of the president.

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The current Constitution• despite the amendments, the current Constitution of the

United Republic of Tanzania of 1977 was made by the then only party. In other words, a number of actors were not involved in the Constitution making process.

• The process was driven by the ruling party and putting into consideration political realities of the party supremacy era in Tanzania surely few party officials engineered the process.

• Therefore, the current Constitution provided narrow room for prosperity of multi-party politics in the Country.

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The current Constitution

• Another argument is that the current Constitution of Tanzania gives the President exceedingly and abundant powers to the extent of weakening the practice of the doctrine of separation of powers between the three branches of the government.

• Likewise, the legitimacy and partiality of the National Electoral Commission (NEC) is subject to the Constitutional provision which empowers the President who is the Chairperson of the ruling party to appoint the Commissioners.

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The current Constitution

• Following the 2010 General elections, President Kikwete succumbed to popular demands by announcing that Tanzania needed a new Constitution that will take care of all burning issues raised.

• In 2011 the president announced he was going to form a Commission to collect the views of the citizens on the new Constitution.

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The current Constitution

• The expectation is to have a new Constitution come April 26, 2014 when the Union between Tanganyika and Zanzibar to form United Republic of Tanzania turns 50 years old. Also, Constitutional Review Act has already been passed by the parliament of the United Republic of Tanzania.

• The new drafted constitution is already in circulation

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Amendment in Zanzibar Constitution

• 1963 Independence Constitution which was made by Constituent Assembly (under British tutelage)

• Constitutional Monarchy under the Sultan as the Head of State with some Executive Power exercised on advice of the Cabinet.

• Parliamentary Executive headed by the Prime Minister.

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Amendment in Zanzibar Constitution

• 1964 Republican Constitutional Decrees which was made by Revolutionary Council

• A number of Decrees giving the Revolutionary Council legislative and executive powers as an interim measure pending appointment of the Constituent Assembly of the People of Zanzibar within one year.

• This was indefinitely postponed & constitutionalism and rule of law abandoned

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Amendment in Zanzibar Constitution

• 1979 First Constitution (after the revolution) which was made by Revolutionary Council and Central Committee of CCM

• Modeled on 1977 Union Constitution with Executive presidency (directly elected)

• A House of Representatives with indirect representation through Revolutionary Committees

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Amendment in Zanzibar Constitution

• 1984 Second Constitution made by House of Representatives

• Bill of Rights and a combination of directly elected House of Reps and nominated members