MAJIBU YA MASWALI YA WATANZANIA KUHUSU KATIBA YA MWAKA 1977 NA ILIYOPENDEKEZWA

JE NI KWELI KATIBA YA MWAKA 1977 INAGANDAMIZA DEMOKRSIA? HAYA NI MASWALI WANAYO JIULIZA WATANZANIA WENGI SANA, HAPA KUNA BAADHI YA MISINGI YA DEMOKRASIA(ASPECT OF DEMOCRACY) NA VIPI KATIBA INAGANDAMIZA.

 

Constitution refers a system or body of fundamental principles according to which a nation is governed or constituted , constitution contains the basic principle and laws upon which a state or nation. Tanzania country passed through five constitutions, the independence constitution of 1961, the republican constitution of 1962, the interim constitution of 1965, the union constitution of 1964 and the permanent constitution of 1977. The permanent constitution has been amended (14) fourteen times up to this moment and the last current amendment being of that 2008. Currently Tanzania is ongoing process of formulating new constitution.

Democratization is the transition to a more democratic political regime. It may be the transition from authoritarian regime to a full democracy, transition from an authoritarian political system to a semi-democracy or transition from semi-authoritarian political system to a democratic political system.

Tanzania is democratic country which has constitution for the main purpose of ensuring real democracy towards development of the nation. Based on the view that constitutional frame work of a country can constrains the process of democratization , Tanzania constitution in one side constrains democratization process hence it hinder a full democratization consolidation and in another side constitution contain some articles which promote democracy  at the same time can constrain that democracy.

The following are aspect of democracy and how constitution of Tanzania promote and constrain that democracy.

Participation, constitution of United Republic of Tanzania provides room for the people to participate in different aspects such as social, economical and political sphere. For example article 38 (1) and article 76 (1) provide chance to the citizen to elect president and constituency representative respectively. Also constitution provides chance for the people to contest for different position. In another side Tanzania constitution constrains democratic process by limit chance of people to contest in president and constituency representative since candidates are required to member of political party. The constitution does not the independent so this limit people democratic right to participate in political sphere. Article 39 (1)(c) “ A person shall not be entitled to be elected to hold the office of president of the united republic serve only if he is a member of and a candidate nominated by political party”.

Election, the United Republic of Tanzania constitution states that there should be election that will be done periodically. Also constitution shows that there will be electoral commission for organizing and supervising the election in our state, article 74. Current constitution also provide time specification to hold the president office which is ten years, article 40 (2) “No person shall be elected more than twice to hold office of president” in another side article 74 provide establishment of the national electoral but president is the a one who appoint national electoral commission officials, this is undemocratic because president cannot nominate people who are like to oppose his/her side.

Human rights, the United Republic of Tanzania recognize and respect the existing of human rights since a constitution contain a Bill of rights after ratifying the universal declaration on human rights (UDHR) of 1948, Human rights in constitution are stated in chapter one (part III) such as the right to equality, right to life, the right to freedom of conscience, the right to work and duties to the society. For the protection and promotion of human rights there is establishment of special commission for human right s and Good Governance as prescribed in Article 29 (1). In discharge the function of ensuring promotion of human rights there are contradictory constitutional provisions the independence of HRGG commission which obviously undermine the independence and the effectiveness of the Human right and Good Governance commission. Article 130 ( 2 ) recognize the HRGG commission to be autonomous department which all shall be bound to comply with directives or order of any personal or any department of government. In another side article 130 (3) give power to the president to give order or directives to the HRGG commission which is bound to comply with, “the provision of sub article (2) shall not be construed a restricting the president from giving directive or orders to commission”. Article 130 (3). Lack of autonomous to (HRGG)  commission lead to failure of this board to promote human rights and Good Governance, because the commission cannot hold the executive accountable for their action especially of the violation of human rights.

Rule of law and Equality, the constitution of united Republic of Tanzania state that all people are equal before the law as stipulated in article 13 ( 1) “ All person are equal before the law are entitled, without any discrimination to protection and equality before  the law” although constitution  state that all people are equal before the law but it give protection to the president article 46( 2) “ during the president tenure of office in accordance  this constitution, no civil proceeding against him shall be instituted in court in respect of anything done or not done, or purporting to have  been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assume the office of president “. This make president to be above the law something which is undemocratic because president is a citizen like other citizen he or she must be accountable in his or actions.

Separation of power, as democratic country Tanzania government operate under the separation of power and this is stipulated in the constitution of the united republic of Tanzania article 4 ( 1) and (2), it advocate the existence of executive power which shall be the government of the United Republic of Tanzania  and Revolutionary government of Zanzibar .practically there is no clear separation of as one organ ( Executive) is seem to be stronger than others, also there is a fusion of power among these organs as one member can belong to more than one organ for example ministers who belong to executive organs are also belong to  the legislature. As constitution give much power to executive president have to nominate the members of judicial organs and some members of parliament, so those people nominated will act according to the president wishes.

Generally, current we have ongoing process of getting new constitution, and we have the proposed constitution of the United Republic of Tanzania. The proposed constitution stipulate clear that the aim or objective of national constitution political aspects is to promote democracy and to remove all forms of discrimination. Article 12 (1). The proposed constitution has some improvement toward promoting democracy but it continues to constrain democratic process toward democratic consolidation in Tanzania. For example proposed constitution recognizes the rights of different groups such as children, women, young, elders and women. Recognize the independent candidate to contest in general election , in other side proposed constitution constrain democratic process as it continue to give much power to the executive organs , power to the president to elect the national electoral commission  officials. Therefore in order to realize democratic consolidation in Tanzania we need competent and independent national electoral commission which will be chosen by the people through voting, competent and independent judiciary, vibrant civil society, competent and independent Human rights  and Good Governance commission to ensure promotion and protection of Human rights, More over  Tanzania need constitution which will establish strong governance institution and open space for civil society  toward  democratic development.

                                                

                                 REFFERNCE

The United Republic of Tanzania constitution of 1977.

 The Proposed constitution of the United Republic of Tanzania of 2014.