ELECTION UPDATE 2005 Tanzania Number 1 26 September 2005 contents PRE-ELECTION POLITICAL AND CONSTITUTIONAL SETTING Introduction 1 Brief History of Elections 4 Constitutional and Legal Framework 5 Election Administration 8 Review of 2000 Elections 12 Media 13 Political Parties 15 Compiled by Shumbana Karume EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of the New Zealand Embassy PRE-ELECTION reviewed via a justifiable list Following this, it is only fair POLITICAL AND of topics. The update begins that Tanzania’s history of CONSTITUTIONAL by revisiting Tanzania’s union elections under the single SETTING structure, which has of late party system is presented seen its fair share of before proceeding with a brief Introduction discontent from the minority overview on the two elections parties. Proclamations of held to date since the dissatisfaction with the Union The following update attempts structure have been coming a tapered examination of the union matters for Mainland key issues pertinent to predominantly from the Tanzania, whereas the government Tanzania’s 2005 largest opposition party in of Zanzibar deals with non union parliamentary and presidential Tanzania, the Civic United matters relating to Zanzibar isles elections. In many cases, a Front, which has over the only. This has created a situation review of a country’s years made repeated calls for which according to the CUF quite clearly benefits Tanzania Mainland elections is unlikely to a referendum to decide on the 1 more than Zanzibar, specifically undergo an all-encompassing future of the union. over issues such as foreign affairs, assessment of the relevant defence, communications, foreign elections matters, leaving exchange, and higher education, 1 aside other dominant issues The CUF is also protesting that which the union government has that influence the delicate the union as it stands is not equal; control of. Consequently, they are democracy within the it is not a union between two states calling for a three-tier government but rather a union for Tanganyika which would create separate analyzed elections. That said because it is the United Republic governments for Tanganyika and the subsequent analysis will of Tanzania that deals with all Zanzibar, including a federal contain a set of election issues union matters together with non government for the union. election update 2005 Tanzania number 1 introduction of the multiparty articulated in the terms of the i. The Constitution and system. Within this context merger. Essentially, as it Government of the the political environment became much clearer later, it United Republic; which has been plagued with was a political initiative ii. External Affairs; opposition discontent over the between Presidents Abeid iii. Defence; seemingly unlevelled and Amani Karume of Zanzibar iv. Police; unfair playing field will also and Julius Kambarage v. Emergency Powers; briefly be discussed. Attention Nyerere who under the union vi. Citizenship; within this first update then became Vice-president and vii. Immigration; shifts to the core processes President of the United viii. External Trade and that define the conduct of Republic respectively. The Borrowing; elections. These are none merger left Zanzibar with the ix. The Public Service of other than the constitutional same degree of autonomy; the the United Republic; and legal framework of isles still remained x. Income Tax, elections; and the governance independent but received all Corporation Tax, and administration of the benefits of the union. The Customs and Excise elections which put into the Zanzibar civil service, police Duties and picture the institutional and defence forces, for xi. Harbours, Civil legitimacy of elections. The example, are paid for by the Aviation, Posts and article, in addition, attempts to union’s budget. Furthermore, Telegraph. understand the processes of Zanzibar had, and continues intra-party nomination and to have, representation both in The fact that these matters selection of a presidential the Zanzibar House of were never openly discussed candidate in Tanzania, leading Representatives and in the or its implications on the to a review of most of the union parliament, while the economic and political registered political parties and mainlanders are only foundations of both countries non political entities such as represented in the latter. examined thoroughly, they donors and the media which remain divisive and worse the have continued to play What the Union did was precise legal character of such prominent roles during simply to create a union an arrangement continues to elections. government that controlled be a prickly issue. Although mainland affairs and also most mainlanders and No examination of the United allowed for a separate Zanzibaris accept the original Republic of Tanzania can be Zanzibar government with its articles as the legal basis for complete without some own President, Constitution the Union, over the years a mention of the country’s and institutions of power such gamut of opposition opinion union. It is a union structure as a House of Representatives leaders have emerged to that is of grave importance to and local council system question the legality of the the continuing political, (Diwani). Clearly, Zanzibar Union and the form which economic and social stability did not only benefit from the was designed to bring it into of the country, and needless to Union it also managed to effect. Much has been said say for its future progress. The retain its autonomy, giving it about the secrecy surrounding United Republic of Tanzania the freedom to govern as the development and was established in April 1964, before except on the matters inception of the Union, following an amalgamation of agreed to in the merger. These leading the few opponents to the former independent states matters affected both Zanzibar suspect that the Union was of Tanganyika and Zanzibar. and Tanganyika and were more of an imposition on The Union was aimed mostly under the jurisdiction of the Zanzibar isles than a at guaranteeing political Union government. The consensus between the two stability for both countries, Articles of the Union countries. Worst still is the although this, as with other contained the following argument proclaimed by these goals, was not clearly eleven areas as Union matters: same antagonists against the 2 election update 2005 Tanzania number 1 Union that that the articles precariousness of the union. design. Historically, the three were never really ratified by Most of the opposition tier-government motion has Revolutionary Council of recognises that the union continued to surface through Zanzibar leaving not only its created neither a federal nor out the past decades, initially legality but its mere existence unitary state. Rather, it had instigated by President Aboud under much uncertainty.2 allowed for a separate Jumbe, the second president Zanzibari government with its of Zanzibar; who had The undercurrent tensions own president and institutions introduced it via a draft surrounding the Union of power, as well as a Union Constitution. The issue then however, revolve more around government which controlled re-surfaced with the G554 its operation and modalities the mainland with jurisdiction motion by Union than the manner in which it over foreign affairs, defence, Parliamentarians seeking the was created. For starters communications, currency, establishment of a concerns over citizenship, the and higher education for the government for Tanganyika control of foreign exchange, entire country. To allow for a following Zanzibar’s decision the collection and distribution more concrete and less porous to join the Organization of of taxes and customs duties Union, different forms of the Islamic Conference (OIC). and the formula for Union have been proposed. Accordingly, given the contributions to the On both extreme ends to the frequency by which such a Republic’s expenses, have current two-government proposition keeps popping up emerged over the years from system, which inevitably will and the tenacity exercised by different factions of society. be retained for many years to its instigators, it renders it For others the ideals of the come, stand two main pertinent, and should therefore Union are not a matter of proposals. The first is to have be taken more seriously. much concern, but do a single fully unified Other than this, several however, suggest that the government and the second a relationship between the Union that comprises three Zanzibar isles and Mainland governments. According to 4 As part of opening up the process Tanzania needs to take the proponents of the single to competitive politics, a different form if there is hope government, and make no commission was set up headed by Chief Justice Nyalali to ascertain for its survival. Indeed it must mistake they are a definite the people’s desire for change. be noted that despite these minority, this was, in fact, the One of the areas the commission views and discontent some intention of both Presidents was forced to investigate was the minority parties may have Karume and Nyerere – the union matter. In response to the over the Union, it is regarded founding fathers of the Union, few dissenting voices against the by the majority as an hence their wishes should be union, the commission proposed a economically and politically respected. Even more so it number of institutional changes to the union’s structure. The beneficial agreement between would be more befitting to proposals called for the two sovereign states that has have a single government establishment of a separate over the years served to under the current trends of Tanganyika government in protect both their interests. globalisation and regional addition to the existing Zanzibar integration.3 As for those who and Union government. In essence, To date several perspectives argue for a three-tier the proposed design was to move and solutions to the Union government - a reform which from a union with two governments to a federation with have been put forward by the would introduce a government three governments.