People's views first in review of Constitution

BY EDITOR

16th October 2013

Editorial Cartoon

 President Jakaya Kikwete and leaders of some political parties met in closed-door session in Dar es Salaam yesterday, chiefly to exchange ideas on the highly contested Constitutional Review Bill of 2011.

Tanzanians can only hope that, with the meeting, the differences between some opposition parties and the ruling CCM over the constitutional review will soon be resolved and a new and better Constitution endorsed for use.

The bill was approved by some members of the ruling party but only one opposition leader and since then it has been repeatedly disputed.

Since the reintroduction of the multiparty system in the early 1990s, there have been calls an overhaul of the 1977 Constitution, with President Kikwete promising to make this happen.
The Constitutional Review Commission (CRC) was formed in April 2012 as per Constitution Review Act (CRA), passed by Parliament in March 2011 and amended in February 2012.

The CRC, which is chaired by former Prime Minister Joseph Warioba, has done a laudable job in raising public awareness and collecting views from across the country. It did so through public meetings organised by either local governments or interest groups, as stipulated in the CRA.

Civil society organisations also submitted views representing the interests, aspirations and aspirations of a wide array of groups, including those comprising the vulnerable.

But what began as a smooth process was later to turn into serial political disputes, in part following claims that Zanzibar was sidelined in the preparations of the Constitution Review Bill and that too much power had been vested in the Executive arm of the State – that is, the Presidency.

It is feared that unless the bad blood ends, the situation could degenerate clashes that would endanger peace, security and social and economic development. Should this happen, it is clearly the vulnerable groups that will be most exposed to danger – and these include women, children, the elderly and the disabled.

Special interest groups argue that the proposed constitution has left their fate in the hands of politicians, some of whom they do not trust and so prefer representation from CSO instead.

Reference is made to the contradictory Marriage Act of 1971, which allows child marriage at 15 years but criminalises sex with a minor (child below 18) – which is categorises as rape. There is also the Newspaper Act of 1976, for decades a cause of clashes between the government (Information Ministry) and media stakeholders.

These and other “portions” of the proposed constitution are serve as the major reason for debate, and it is commendable that the President has elected intensive dialogue involving the opposition camp on the matter.
The process in question and the Constitution we will end up with directly affect the larger public, and it is how this process is handled that we will ultimately reap peace or chaos anarchy.

Addressing the nation earlier this month, President Kikwete said enactment of the new Constitution would not be in the interest of political parties but rather for the good of the people of Tanzania.
Therefore, CCM and the opposition camp need to reach consensus on this all-important issue for the country to get a new Constitution they really need.

SOURCE: THE GUARDIAN