The Transition to Democratic Governance in Tanzania: an Assessment and Guidelines for Near
Total Page:16
File Type:pdf, Size:1020Kb
THE TRANSITION TO DEMOCRATIC GOVERNANCE IN TANZANIA: AN ASSESSMENT AND GUIDELINES FOR NEAR. 'ERM ACTION Final Report March 15, 1994 Work Performed Under Delivery Order No. 13 Contract No. AFR-0542-Q-00-1 109-00 Managed by: Associates in Rural Development, Inc. (ARD) In Association with: Management Systems International (MSI) TEAM MEMBERS: Tina West- 'ream Leader Robert Charlick Michael Lofchie Aili Mar Tripp THE TRANSITION TO DEMOCRATIC GOVERNANCE IN TANZANIA: AN ASSESSMENT AND GUIDELINES FOR NEAR-TERM ACTION TABLE OF CONTENTS EXECUTIVE SUMMARY 1. INTRODUCTION: OVERVIEW OF THE RECENT OPENING UP II. WHAT DOES CONSOLIDATION OF DEMOCRATIC GOVERNANCE 12 ENTAIL IN PRINCIPLE? A. Principles of Democratic Governance 12 B. Developing a Sustainable System of Democratic Governance 13 C. Developing Democratic Disciplines 13 D. Building a Democratic Civil Society 15 E. Building the Basis for Linkage 17 F. Evaluating Progress toward Democratic Governance 18 III. WHAT STAGE HAS TANZANIA REACHED IN A DEMOCRATIC 24 TRANSITION? A. Changes in the Legal Environment: The Democratic Disciplines 24 B. Patterns of Association and Participation in the Political Process 35 1. Business and Civil Society 40 2. Cooperatives and Civil Society 57 3. Labor 71 4. La-v Associations, Legal Aid, and Human Rights Groups 75 5. Indigenous Non-Governmental Organizations 82 6. Religious Institutions 88 7. Develoment Associations 90 C. Linkage Institutions 93 1. The Media 93 2. Political Parties !00 IV. A CONCEPTUAL FRAMEWORK FOR IDENTIFYING DONOR 110 PRIORITIES V. RECOMMENDATIONS FOR USAID 114 A. Near-Term Objectives in Demuratic Governance 114 B. General Approaches to Furthering USAID's D.mocratic Governance Objectives 116 C. Specific Programmatic Recommendations for USAID/Tanzania 117 APPENDICES I. People Interviewed 122 II. Bibliography 131 TANZANIA DEMOCRACY AND GOVERNANCE ASSESSMENT Executive Summary Analysis of the Governance Context The Tanzanian political system is sufficiently advanced on the path toward democratic governance to support the achievement of the other goals of sustainable development defined in USAID's overall policy approach, i.e. to play a part in improving the management of natural resources and the environment, to support health and population programs, and to support the process of a liberalized and more sustainable pattern of economic growth. Governance transitions, particularly the early phases of iransitions, are always uneven, offering opportunities or openings in some areas of governance, while in others such support might be premature of inappropriate. Recognizing where these leads and lags are and how they affect the overall policy climate in Tanzania, USAID can better plan its program to emphasize particularly appropriate changes in governance and to help address places where political change is lagging. Without question, Tanzania has made significant progress in liberalizing its economy and is continuing to take important steps in that direction. It has taken important steps as well in the liberalization of its political process, and in a short period of time the principle of open, multi party political competition has been widely accepted. The Tanzanian political system has been able to undertake these changes while generally maintaining a high level of political order, managing exceptionally well potential religious, regional and ethnic conflicts. Combined with its human rights record, which while not perfect, is notably better than the norm for its region, Tanzania has begun to undertake the kind of transition to democracy which should enhance the possibilities of the Tanzanian people to address some of their long-term development problems peacefully and creatively. Not withstanding these very positive developments, this study found that by a number of measures, Tanzania is still early in this transition process, and that there are areas where significant opportunities exist to support the people of Tanzania in furthering and deepening their transition to democracy. Thus far, the process of political reform has been largely a managed one in the sense that ruling party, the CCM (Chama Cha Mapinduzi) and government have controlled the nature, the pace and the limits of reform. Particularly in the areas of legal reform, but also in the development of public accountability and responsiveness the momentum for reform seems to have slowed considerably, raising questions about whether top leadership has determined that the delinking of party and state in 1992 was as far as they needed to go. There is ample evidence that governmental officials feel little urgency to respond to pressures from the media, political parties, legal and academic communities to deal with a number of serious issues, including the drafting of a new, more democratically determined constitution, or the repeal of a large number of laws identified in a 1991 Presidential Commission report as repressive. Even the formal business community complains that while they have access to top leaders, they are not listened to, and much of their agenda remains unaddressed. More broadly, there is widespread agreement that the level of rent seeking and lack of financial responsibility in the public sector is so serious that the public has come to associate politicians with corruption and to question the motives of all office seekers. In spite of the slowing down of legal and political reform, there is enormous dynamism within civil society itself, with the expansion of associations both numerically, in size and in variety; the flourishing of an emboldened free press; the revival of the cooperative movement; and the emergence of self-help organizations at the village level and development associations at the district level, which are efforts at creating new local self-governance structures in the rral areas to build schools, clinics, roads, wells and provide other social services. These initiatives have taken advantage of the new political openness to express themselves. They have arisen to meet needs the state no longer can provide, and in response to new needs brought on by economic crisis and austerity measures linked to structural adjustment. They have also arisen in response to changing donor strategics which have increasingly given greater support to the non-gover mental sector. These associations, however, confront limitations, not only to the further development of their service roles, but especially to their effectiveness in civic life. The study indicates that linkages between civil society and public governance institutions are still very weak and vulnerable in Tanzania today. While civil society groups have grown in their capacity for action to meet the needs of their participants both individually and in expanding networks, they have yet to emerge as effective demanders of policy, or as monitors of governmental performance. The lack of government transparency and unwillingness to respond to societal pressures remains a constraint on the extent to which civil society is willing to engage the government in pressing for policy change. Political parties have yet to emerge as well as important channels of popular demands. Only the wedia has shown significanit progress in linking people to government through the provision of vital information and through its monitoring and questioning role. The media too, huwever, has its limits and weaknesses. Recommendations USAID's democracy strategy in Tanzania should focus on strengthening the capacity of Tanzanians to become more effective demanders of democratic governance. Specifically, USAID can assist in: 1. improving the legal-regulatory environment for democratic governance, and in particular by supporting democratic rules which facilitate the conduct of private business and farming and the rights of public association and expression; 2. strengthening associations of civil society and assisting in their capacity for action, including civic action, and; 3. strengthening additional channels for linking citizens to public policy by supporting the development of political parties, the media, and a variety of public fora. This overall gnal can best be achieved at the current stage of the political transition in Tanzania by focusing assistance on civil society actors. Specifically, the study recommends that AID undertake three basic actions in achieving these goals through civil society promotion: 1. Democratic Governance Project ($2-3 million 1994-96) The objective of this project is to provide a funding mechanism for strengthening the capacity of civil society to undertaken governance functions, to build more extensive alliances for governance reform, including for legal reform, and to interact more effectively with government. It attempts to address in a modest way, all three objectives set c'lt above. The small Democracy/Governance project recommended would have five components. * an NGO Resource Center, to provide services to NGOs and NGO-type associations (help with writing association constitutions and proposals, administration and project accounting, logistical support for seminars, legal education campaigns, commtnications/e-mail links to international organizations, a data-base on NGO and donor activities, training in computer skills and the principles of credit). 0 support for the quality of media reporting. The most important element is training working journalists through short courses and evening programs, which encourage journalists to improve the quality of reporting on the performance of the executive, the parliament