In 2014, the citizens of Tanzania successfully sought changes in the constitution, dividing the government into three parts; Tanzania Mainland, Tanzania Island, and the Republic of Tanzania. They also reduced and reinstated the power of the president (Shilla, P. 2014, April 14).
Problems and Purpose
The structure of the constitution in Tanzania created a power imbalance in representation. As a result, there was a demand for a constitutional reform. The purpose of the constitution review is to make sure that the constitution covers and protects the needs of Tanzanian citizens in the present context.
Background History and Context
The constitution in Tanzania was primarily adopted by the British soon after independence in 1961. The adopted constitution was modified from 1965 to 1977. Public participation in the constitution started in 1984, and later in 1992 another amendment opened doors to having multiple political parties in Tanzania. In 2011, the bill for the constitutional review was prepared which gives the effect of the constitution event of 2014 to 2015 (Constitutionnet. 2014, September). It is important to note that the constitutional reform process in Tanzania was inspired by the reform processes in South Africa, Zimbabwe, and Kenya.
It is claimed that the present constitution is in favor of a mono-part system because the president has the power to select the important position of leadership, and decide without being questioned (Kulekana, 2012, October 23). The present constitution should be changed because it does not match with Tanzanians’ situation today. The citizens of Tanzania now are questioning things that are still in favor of leaders and not the majority, but also it is believed that the present constitution creates social classes which was the idea of colonial domination (Constitutionnet, 2014, September).
Organizing, Supporting, and Funding Entities
The government was in charge of all the processes to make sure that the constitution review was completed. The government helped bring awareness to the people who did not have a full understanding of the constitution and supported the review through the use of the government budget.
Participant Recruitment and Selection
The people's participation came after President Jakaya Kikwete appointed Judge Warioba as the chair of the commission to lead the collection of the public views about the reviewing of the constitution. Every Tanzanian citizen 18 years of age or older had an opportunity to participate in this review (Longino 2012, May 1). Because citizen participation was allowed and encouraged, citizens will be proud of the changes in the constitution because it is the product of their opinions.
Methods and Tools Used
The commission had special documents that were used to collect the citizens’ opinions. So, the commission assigned special people who would receive training on how to collect people’s opinions. The trained people had to understand the mother tongue of the specific region they were working so that they can be accessible to the majority in the region. The opinion collectors started by describing the goal of constitution review and the importance of citizen participation in every meeting they had with people.
The goal of the constitution meeting was to make sure that Tanzanians are reached at their places of occupation and homes so that they can give opinions based on what they want their constitution to include or specifics they want removed for it to make sense with today’s social and economic situations in Tanzania. It is important to note that the committee was impartial.
Tanzanians were encouraged to participate in the constitution review to have a constitution which is made by Tanzanians and not inherited constitution, as it is claimed by many Tanzanians. After the collection of opinions, the commission gave the draft to President Jakaya Kikwete for further decision of implementation (Kabendera, 2014, October 2).
What Went On: Process, Interaction, and Participation
The chairperson of the constitution commission led the meeting which discussed the process from the beginning to the end, but also the manpower to be used in the collection of the opinions. In that process, teachers were used to collect opinions from citizens of the cities and villages and ensure the tasks were completed. The opinions were taken to specific members of the constitution review board to compile and make the draft of the constitution.
The citizens of Tanzania showed full participation in the process of collecting opinions. The people who did not have a good understanding of the constitutional issues were informed about specifics of the constitution before giving their opinions. The form of communication was one-on-one through which the people were able to elaborate on their ideas to be noted clearly. The participants in this process were 18 and older, and considered to be adults and have awareness of ongoing issues in the country.
Influence, Outcomes, and Effects
It is claimed that the present constitution is in favor of a mono-part system because the president has the power to select the important position of leadership, and decide without being questioned (Kulekana, 2012, October 23). The present constitution should be changed because it does not match with Tanzanians’ situation today. The citizens of Tanzania now are questioning things that are still in favor of leaders and not the majority, but also it is believed that the present constitution creates social classes which was the idea of colonial domination (Constitutionnet, 2014, September).
The different opinions were given while other people did not have a reason for the constitution review. Many people took it seriously about how the constitution should be by identifying the key areas which needed changes. Most of the participants criticized the former constitution for being weak and not fitting Tanzanians’ situations in the present day.
The outcome of the constitution review was positive considering the strong participation and response of the people. The goal of the constitution review was attained on the side of the citizens, but the government has not yet implemented the constitution. “Meanwhile, uncertainty over the feasibility and outcome of the referendum is fueling wider disquiet in the run-up to the general election in October 2015” (Branson, 2015 March 27). So, the government is still quiet to implement the constitution proposed by the citizens.
Analysis and Lessons Learned
Even though the constitutional review has not yet been implemented, the government knows the citizens’ feelings toward the constitution. The other stakeholders like the Human Rights Commission and religious institutions are still working to make sure that the constitution is implemented.
References
Branson, N. (2015 March 27). Party Rules: Consolidating Power Through Constitutional Reform in Tanzania. Africa Research Institute. Retrieved from https://www.africaresearchinstitute.org/newsite/publications/constitutional-reform-tanzania-2/
Constitutionnet. (2014, September). constitutional history of Tanzania. IDEA. Retrieved from http://constitutionnet.org/country/tanzania-country-constitutional-profile
Kabendera, E. (2014, October 2). Tanzania: As Constitutional Reform Stalls, Jakaya Kikwete Risks Losing His Legacy. African Arguments. Retrieved from https://africanarguments.org/2014/10/02/tanzania-as-constitutional-reform-stalls-jakaya-kikwete-risks-losing-his-legacy-by-erick-kabendera/
Kilwanda, O, M. (2012, June 24). Weakness of Tanzania Constitution. Mujahiduuna. Retrieved from http://mujahiduuna.blogspot.com/2012/06/weakness-of-tanzania-constitution.html
Kulekana,J. (2012, October 23). Tanzania: How Powerful Should the President Be? Daily News. Retrieved from https://allafrica.com/stories/201210230157.html
Longino, F. (2012, May 1). Tanzania Affairs: Constitution Review Commission. Retrieved from https://www.tzaffairs.org/2012/05/constitution-review-commission/
Shilla, P. (2014, April 14). Why does Tanzania need a new constitution? Quora. Retrieved from https://www.quora.com/Why-does-Tanzania-need-a-new-constitution
Notes
The first version of this case entry was written by Tamara Bates, a Master of Public Service candidate at the University of Arkansas Clinton School of Public Service, and then edited. The views expressed in the entry are those of the authors, editors, or cited sources, and are not necessarily those of the University of Arkansas Clinton School of Public Service.