English Translation of the Draft Constitution
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The Weak Link the Role of Local Institutions in Accountable Natural Resource Management
OXFAM RESEARCH REPORT THE WEAK LINK THE ROLE OF LOCAL INSTITUTIONS IN ACCOUNTABLE NATURAL RESOURCE MANAGEMENT TANZANIA COVER: Open-pit gold mines like this one bring high environmental and social costs to countries like Tanzania, and need to bring in revenues that can be used to offset negative effects. Brett Eloff / Oxfam America 2 Oxfam America | The Weak Link: The Role of Local Institutions in Accountable Resource Management, Tanzania CONTENTS Executive Summary ............................................................................................. 2 1. Introduction ...................................................................................................... 8 Sociopolitical and economic overview ............................................................ 10 Format of the report…………………………………………………………………11 2. Methods and conceptual framings ................................................................. 13 3. Revenue sharing in Tanzania ........................................................................ 15 Mining ............................................................................................................ 15 Oil and gas..................................................................................................... 17 Understanding revenue-sharing policy: Mining ............................................... 19 Understanding revenue-sharing policy: Petroleum, oil and gas ...................... 26 Accountability in revenue sharing .................................................................. -
Towards Responsible Democratic Government
TOWARDS RESPONSIBLE DEMOCRATIC GOVERNMENT Executive Powers and Constitutional Practice in Tanzania 1962-1992 Jwani Timothy Mwaikusa Thesis Submitted to the University of London for the degree of Doctor of Philosophy 1995 Law Department School of Oriental and African Studies ProQuest Number: 11010551 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 11010551 Published by ProQuest LLC(2018). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 ABSTRACT With independence in 1961, the British system of Parliamentary government, incorporating the principle of responsible government, was formally adopted in Tanzania. But within only one year that system was discarded first, by adopting a Republican Constitution with an executive President in 1962, and then by adopting a one-party state system of government in 1965. The one-party system reached the height of prominence through the concept of "Party Supremacy", and dominated constitutional practice for a whole generation before giving way to demands for greater freedom and democracy through competitive politics in 1992. Throughout this time, however, the preambles to successive constitutions proclaimed that the government in Tanzania was responsible to a freely elected Parliament representative of the people. -
Justice in a One-Party African State: the Tanzanian Experience
Justice in a One-Party African State: The Tanzanian Experience. A Rejoinder* By Chris M. Peter » Liberalism manifests itself in various ways. To let things slide for the sake of peace and friendship when a person has elearly gone wrong, and to refrain from principled argument because he is an old acquaintance, a fellow townsman, a schoolmate, a elose friend, a beloved one, an old colleague or old subordinate. Or to touch on the matter lightly instead of going into it thoroughly, so as to keep in good terms. The result is that both the organization and the individual are harmed. This is one type of liberalism.« Mao Ts e Tungl Introduction The artiele entitled »Justice in a One-Party African State: The Tanzanian Experience« by Professor Umesh Kumar of Faculty of Law, National University of Lesotho which appeared on 19 Verfassung und Recht in Obersee (1986) p. 255 raises some fundamental issues wh ich call for correction, elarification and comment. Due to the authoritative nature of the journal on Law and Politics in Africa, Asia and Latin America innocent and unsuspecting readers may end up quoting information which is not only incorrect, but also misleading. It is with the intention of avoiding such eventuality that we pro pose to make a short rejoinder to the artiele. Let it be elearly stated right from the outset that we are in no way contesting Professor Kumar's conelusions on democracy in Tanzania and the implication of the one-party state on administration of justice. In our weil considered opinion the very idea of one-party system has its roots in authoritarianism and is hence undemocratic. -
Tanzania: an 8-Point Human Rights Agenda for Change
Tanzania: An 8-point Human Rights Agenda for Change Index number: AFR 56/4152/2021 WHO WE ARE Amnesty International is a movement of more than 10 million people which mobilizes the humanity in everyone and campaigns for change so that we can all enjoy our human rights. Out of the 10 million, Tanzania has a strong base of 25,955 members and supporters. Our vision is of a world where those in power keep their promises, respect international law and are held to account. We are independent of any government, political ideology, economic interest, or religion and are funded mainly by our membership and individual donations. We believe that acting in solidarity and compassion with people everywhere can change our societies for the better. BACKGROUND On 17 March 2021, President John Magufuli died from heart complications and on 19 March, Samia Suluhu Hassan was sworn in as Tanzania’s first female president from the role of vice president. John Pombe Magufuli was the fifth president of Tanzania, serving from 2015 until his death in 2021. The Late President began his second term in office in November 2020 following a controversial election on 28 October, the same year. This was Tanzania’s sixth general election since the reintroduction of the multi-party system in 1992. Members of civil society and opposition groups accused security forces of using excessive force, including live ammunition, and allegedly killing at least 22 people in the electioneering period. According to lawyers acting for opposition parties, at least 77 opposition leaders and supporters were also arbitrarily detained and released days after the National Electoral Commission announced the elections’ results. -
Tanzania Summary President Magufuli Has Died
Tanzania Summary President Magufuli has died. After his 19-day absence, vice president Samia Suluhu Hassan (2015-present) has assumed control but has yet to be sworn in. A 14-day period of mourning was announced and will disrupt business decisions. Opposition party members have made calls for the vice president to be sworn in immediately. President John Magufuli has died Vice president Hassan announced on 17 March that president John Magufuli (2015-March 2021) had died.1 In a statement delivered live on television, Hassan confirmed that Magufuli, aged 61, had passed away following complications from a heart condition.2 The president was last seen in public on 27 February 2021.3 His absence was met by rumours that he may have contracted Covid-19, a disease Magufuli was infamous for denying.4 Tanzania stopped reporting cases of coronavirus in May 2020 and has adopted a ‘business as usual’ approach in lieu of preventative measures.5 The unique approach to management of the pandemic disease has caused significant border friction with neighbouring states, including Zambia and Kenya.6 Zitto Kabwe, a member of opposition party Chadema, has made calls through the international media for vice president Hassan to be sworn into office immediately, claiming that the Tanzanian constitution does not allow for a vacuum of power in the office.7 Analysis by international media sources speculate that Hassan may take over as president until the 2025 elections.8 Article 40 of the constitution determines that when a president dies in office, the vice president shall be sworn in and become president for the unexpired period of the term of five years and propose a new candidate for vice-president following consultation with the political party to which they belong.9 What’s next… Tanzania is currently in a 14-day period of mourning following the death of president John Magufuli.10 The funeral is likely to be marked by a national holiday.11 Vice president Samia Hassan now holds executive power according to the constitution, but she has yet to be sworn into the office of the president. -
The Constitution of the United Republic of Tanzania (Cap
THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA (CAP. 2) ARRANGEMENT OF CONTENTS Article Title PREAMBLE CHAPTER ONE THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF RELIANCE PART I THE UNITED REPUBLIC AND THE PEOPLE 1. Proclamation of the United Republic. 2. The territory of the United Republic. 3. Declaration of Multi-Party State. 4. Exercise of State Authority of the United Republic. 5. The Franchise. PART II FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY 6. Interpretation. 7. Application of the provisions of Part II. 8. The Government and the People. 9. The pursuit of Ujamaa and Self-Reliance. 10. [Repealed]. 11. Right to work, to educational and other pursuits. PART III BASIC RIGHTS AND DUTIES The Right to Equality 12. Equality of human beings. 13. Equality before the law. The Right to Life 14. The right to life. 15. Right to personal freedom. 16. Right to privacy and personal security. 17. Right to freedom of movement. The Right to Freedom of Conscience 18. The freedom of expression. 19. Right to freedom of religion. 20. Person’s freedom of association. 21. Freedom to participate in public affairs. The Right to Work 22. Right to work. 23. Right to just remuneration. 24. Right to own property. Duties to the Society 25. Duty to participate in work. 26. Duty to abide by the laws of the land. 27. Duty to safeguard public property. 28. Defence of the Nation. General Provisions 29. Fundamental rights and duties. 30. Limitations upon, and enforcement and preservation of basic rights, freedoms and duties. -
Recasting Julius Nyerere in Zanzibar: the Revolution, the Union and the Enemy of the Nation Marie-Aude Fouéré
Recasting Julius Nyerere in Zanzibar: the Revolution, the Union and the Enemy of the Nation Marie-Aude Fouéré To cite this version: Marie-Aude Fouéré. Recasting Julius Nyerere in Zanzibar: the Revolution, the Union and the Enemy of the Nation. Journal of Eastern African Studies, Taylor & Francis (Routledge), 2014, His Eternity Julius Nyerere? Politics, morality and subjectivities in Tanzania, 10.1080/17531055.2014.918313. halshs-01493028 HAL Id: halshs-01493028 https://halshs.archives-ouvertes.fr/halshs-01493028 Submitted on 12 Apr 2017 HAL is a multi-disciplinary open access L’archive ouverte pluridisciplinaire HAL, est archive for the deposit and dissemination of sci- destinée au dépôt et à la diffusion de documents entific research documents, whether they are pub- scientifiques de niveau recherche, publiés ou non, lished or not. The documents may come from émanant des établissements d’enseignement et de teaching and research institutions in France or recherche français ou étrangers, des laboratoires abroad, or from public or private research centers. publics ou privés. VERSION BROUILLON PREFINAL Recasting JuliusNyerereinZanzibar: The Revolution, the Union and the Enemy of the Nation Marie-Aude Fouéré InstitutFrançais de Recherche en Afrique, Nairobi, Kenya In Zanzibar, the figure of Julius Nyerere is being recast in debates over sovereignty, belonging and nationhood. Unlike mainland Tanzania, where he is upheld as the Father of the Nation, the first President of Tanganyika and Tanzania is increasingly portrayed in Zanzibar as the Enemy of the Nation responsible for the Isles‟ predicament. The article gives insight into the terms, actors and circulation of this pejorative narrative in relation to two central historical events: the 1964 Revolution and the Union. -
Literature and Law: How the Literary Quality of a Political Statement Has Affected the Development of Law in Tanzania
IUSTITIA Volume 1 Number 1 Article 2 4-15-1973 Literature and Law: How the literary quality of a political statement has affected the development of law in Tanzania Robert L. Scott Follow this and additional works at: https://www.repository.law.indiana.edu/iustitia Part of the African Languages and Societies Commons, Comparative and Foreign Law Commons, Legal Writing and Research Commons, Public Affairs, Public Policy and Public Administration Commons, and the Social Influence and oliticalP Communication Commons Recommended Citation Scott, Robert L. (1973) "Literature and Law: How the literary quality of a political statement has affected the development of law in Tanzania," IUSTITIA: Vol. 1 : No. 1 , Article 2. Available at: https://www.repository.law.indiana.edu/iustitia/vol1/iss1/2 This Article is brought to you for free and open access by Digital Repository @ Maurer Law. It has been accepted for inclusion in IUSTITIA by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Literature and Law: How the literary quality of a political statement has affected the development of law in Tanzania by Robert L. Scott [Copyright © 1973, by Robert L. Scott] MAKE SENSE: MIND Be black, be brave, be-lieve feel good, feel free, feel. See beauty, see clearly, see. Hear music, hear laughter, hear talk, hear. Taste sweetness, taste sour, taste salt, taste. Touch softly, touch. Love, think Live: law. The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation. -
After the Arusha Declaration, 1967-1984 Amandina Lihamba
POLITICS AND THEATRE IN TANZANIA AFTER THE ARUSHA DECLARATION, 1967-1984 AMANDINA LIHAMBA A THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY THE UNIVERSITY OF LEEDS SCHOOL OF ENGLISH 1985 ABSTRACT This thesis examines the practice of theatre in Tanzania after the Arusha Declaration of 1967, The Arusha Declaration as Tanzania's blueprint for socialist transformation ushered in an era in which economic and political attempts were made to direct the country towards Ujamaa and away from capitalist structures and development. The social reality of the period has been dominated by the articulation between the attempts for the socialist transformation and the histor ical political factors supporting or undermining the transformation. This thesis discusses contemporary Tanzanian theatre within the frame work of the political events and social reality after 1967. There are six chapters in the thesis. Chapter 1 provides the historical back ground of contemporary Tanzanian theatre. It includes an examination of traditional theatre performances within and outside the colonial experience as well as the historical role of Kiswahili as a chosen language of theatre communication. Chapter 2 looks into the Arusha Declaration, its tenets, objectives, some aspects of its effects on social practices and the theoretical responses regarding the role of an art form such as theatre within Ujamaa. A discussion on the works of Tanzania's leading playwright, Ebrahim Hussein, is the concern of Chapter 3. Chapter 4 examines plays and performances by the other theatre practitioners of the period. Official policies and the practice of theatre in state institutions are described in Chapter 5 and the last Chapter covers the development of theatre for social development as well as the nature of theatre control and censorship in the period under investigation. -
Tanzania.Informalgovernance.Country Report
Informal Governance and Corruption – Transcending the Principal Agent and Collective Action Paradigms Dismantling networks of corruption: challenges and opportunities in reforming informal governance in Tanzania Sambaiga, R.F., Baez-Camargo, C. and Koechlin, L. | July 2018 Basel Institute on Governance Steinenring 60 | 4051 Basel, Switzerland | +41 61 205 55 11 [email protected] | www.baselgovernance.org BASEL INSTITUTE ON GOVERNANCE This research has been funded by the UK government's Department for International Development (DFID) and the British Academy through the British Academy/DFID Anti-Corruption Evidence Programme. However, the views expressed do not necessarily reflect those of the British Academy or DFID. 1 BASEL INSTITUTE ON GOVERNANCE Table of contents 1 Introduction 4 1.1 Informal Governance and Corruption: Rationale and project background 4 1.2 Conceptual approach and methods 4 1.3 Informality and informal networks in Tanzania 5 2 From ideology to instrumentality: the development of network-based governance in Tanzania 7 2.1 Rise and fall of the Wanamtandao 11 2.2 The Magufuli nomination 12 3 Analysis: drivers of informal governance and the 3C’s 14 3.1 From single party state to competitive authoritarianism and top-down co-optation of political actors 14 3.2 Economic liberalisation and horizontal co-optation 17 4 Informal governance and the failure of anti-corruption measures 19 4.1 Elections as drivers of corruption 19 4.2 Managing the networks: co-optation and control practices 20 4.3 Informal governance and the -
Tanzania Chapter Scan (Chicago 15
Customary Law and Group Rights: The Incomplete Centralization of Tanzania's Post-Colonial Judiciary Emma Hayward [Please note: what follows is an except from a draft of a longer dissertation case study of judicial centralization in Tanzania. This is the first section—the following two portions explore the emergence of unofficial tribunals to try accused criminals in rural Tanzania in the 1980s, and contemporary debates around judicial centralization (this last portion draws heavily from my fieldwork in Tanzania). The larger dissertation project examines why and when states permit ethnic and religious groups to have their own courts—or other variations of partial judicial autonomy, including Tanzania’s assessor and Ward Tribunal system.] Introduction Amidst a host of post-independence reforms designed to centralize political power, collectivize economic production, and erode tribal identities that threatened national solidarity, Tanzania’s decision to maintain locally distinct customary law seems unlikely. It is particularly strange in light of the concomitant abolition of tribal chieftaincies and the elimination of separate customary law courts. Why preserve the content of tribal law, having done away with its institutional structure? The answer lies in the sequence of reforms that Tanzania adopted after independence.1 By first removing the chiefs, who were uniquely able to generate compliance, Tanzania was left without sufficient legitimacy or coercive force to implement its reforms in rural areas without generating significant levels of dissent. Because it prioritized economic development, the 1 A relatively recent approach to understanding causation in comparative politics is the “comparative sequential method” (Falleti 2010). The method is grounded in both macro-historical process tracing and more recent theories of institutional change (Falleti 20-22) and its strength lies in its ability to keep theoretical foundations and empirical findings in close dialogue. -
Report of East African Consultative Theme on the Tanzania Constitutional Review Process
Report of East African Consultative Theme on the Tanzania Constitutional Review Process Report of Kituo Cha Katiba: Eastern Africa Centre for Constitutional Development. 2013 REVIEW OF THE CONSTITUTIONAL PROCESS AND THE DRAFT CONSTITUTION OF TANZANIA 2013 1.0. ABOUT KITUO CHA KATIBA Kituo Cha Katiba: The Eastern Africa Centre for Constitutional Development (KCK) is a regional non-governmental organisation (NGO) established in 1997 to promote constitutionalism, good governance and democratic development in East Africa. KCK’s current mission is “To promote a culture of constitutionalism, where the constitution is a living document that reflects the aspirations and needs of women and men in democratic and participatory governance in Eastern Africa”. Her vision is, “Constitutionalism that promotes good governance and democratic development in Eastern Africa”. KCK’s work aims to empower East Africans to hold their governments answerable in order to influence the way they are governed so that there is ultimately a respectful relationship between the leaders and the led. KCK‘s current geographical focus is the six countries of the East African Community (EAC) namely Burundi, Kenya, Rwanda, Tanzania mainland, Tanzania Zanzibar1 and Uganda. The organisation has a regional board drawn from these countries. KCK’s secretariat is in Kampala, Uganda. 1 Although part of the United Republic of Tanzania, KCK by virtue of her mandate devotes special attention to Zanzibar because it has its own constitution; executive, legislative and judiciary arms and national symbols such as national anthem and flag. 2 1.1 ABOUT THIS INITIATIVE In line with its goal of providing critical information in order to activate East Africans to make constitutions and laws for constitutional development relevant to their experiences, KCK, with support from the Open Society Initiative for Eastern Africa (OSIEA) constituted a team of experts in constitution making from Kenya and Uganda to provide feedback to the Tanzania constitution making process and the Draft Constitution 2013.