CSOs push for inclusive Katiba

 

By Katare Mbashiru,The Citizen

Dar es Salaam.Every Tanzanian is eagerly waiting for the envisaged new Constitution, even as the process of writing the fundamental law is still surrounded by a cloud of uncertainty.

The big question remains whether the Constitutional Review Commission (CRC) led by Judge Joseph Warioba will be allowed to prefect the process until the country gets a new charter in April 2016, as promised by the government. The Constitutional Review Act, 2011 directs the powers of the CRC to cease immediately after unveiling the second Draft Constitution.

Civil Society Organisations (CSOs) have vowed that they will not relent in their fight towards attaining a people-centred Constitution, which will help the country tackle problems affecting the majority of Tanzanians.

A total of 37 CSOs from across the country met at a Dar es Salaam hotel recently to deliberate on how best the country could get a Constitution that would seal all loopholes found in the current charter that has saw democracy and good governance compromised. They came up with various recommendations.

According to Tanzania Gender Networking Programme (TGNP) executive director Usu Mallya, who spoke on behalf of CSOs, the Constitution Review Act 2011 (Cap 83) should be immediately amended to extend the time of the CRC until the promulgation of the new Constitution.

“The CRC is legitimately bestowed with the powers to ensure the country gets a new Constitution. Therefore, leaving this process half-baked is contrary to the primary goal of the formation of this team.” But asked if the government was contemplating to make requisite amendments to extend the time for the Warioba team, the minister of State in the Prime Minister’s Office (Policy, Coordination and Parliamentary Affairs), William Lukuvi, declined to comment on the matter.

The government has been making a series of meetings with political parties through the Tanzania Centre for Democracy (TCD) to deliberate on important issues that need to be amended in the Constitutional Review Amendment Act, 2013 that was signed by President Jakaya Kikwete on October 10.

The CSOs’ stand was that the Warioba Commission should not be dissolved by 2/3 members of the Constituent Assembly, but that they should come from non-politicians. However, the Constitutional Review Amendment Bill, No 2 was passed yesterday without considering the demands of CSOs.

The CSOs are also not happy with the composition of the Constituent Assembly, which according to the legislation, is expected to be dominated by politicians if amendments are not made.

According to Ms Mallya, the Constituent Assembly should comprise two thirds of stakeholders outside politicians, whereby the remaining should combine legislators from both the Mainland and Zanzibar.

The CSOs also want the Constituent Assembly to be construed on a 50/50-representation from the Mainland and Isles and ensure gender equality. If the Act will not be amended, all Mainland MPs and all Zanzibar House of Representatives will be part of the Constituent Assembly. As per articles 62, 63 and 64 of the current Constitution, the President of the United Republic of Tanzania is also automatically part of the Parliament and he may decide to be part of the Constituent Assembly.

This, according to Tanzania Constitutional Forum (TCF) chairman Deus Kibamba, is unacceptable and it should not be accepted by Tanzanians and that the Act gives legislators and representatives from Zanzibar the discretion that had never been anywhere before in the country’s laws.