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Let's Face the Union Thing in Our New Katiba

Discussion in 'KATIBA Mpya' started by mambomengi, Mar 5, 2011.

  1. m

    mambomengi JF-Expert Member

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    Tanzania: We Want More Say in This Union, Zanzibar Tells Tanzania Govt

    by Bamuturaki Musinguzi14 February 2011 (allafrica.com)

    Nairobi — The course of the 47-year existence of the United Republic of Tanzania has been anything but smooth.

    From Zanzibar nationalism, the structure of government, and inequity in the sharing of government offices within the Union to sharing the benefits and costs including revenue and foreign aid, the problems have kept coming back to haunt the Union government.



    According to a report of the Kituo Cha Katiba fact-finding mission to Tanzania, with regard to the economy, Zanzibar argues that there are unfair fiscal and monetary agreements that kill its economy.

    For example, it points out that there is double taxation of goods imported into the Tanzania Mainland from Zanzibar.

    Petroleum and natural gas, which are likely to be discovered off the islands, have been included in the list of Union matters.

    However, gold, diamonds and tanzanite that are found in Tanzania Mainland are not classified as such.

    Even more contentious is the list of matters reserved for the Union government.

    The original 11 articles were, over time, increased, reaching 22 by 1990. To Zanzibaris, this is intended to undermine the autonomy and identity of Zanzibar.

    Zanzibar complained about the sharing formula of revenues of 4.5 per cent for Zanzibar, which the Isles suggest be raised to 10 per cent.

    The Union insists that is too high and would settle for 5 per cent.

    Likewise, complaints persist that the Union government exclusively bears all costs of collecting revenue in Zanzibar (by the Tanzania Revenue Authority).

    "In terms of resources, the people in Zanzibar pointed out that the mainland has minerals, national parks, agricultural land as compared with Zanzibar, which has limited resources..." says the report.

    With regard to foreign aid they pointed out that although it is solicited and received in the name of the United Republic, Zanzibar receives little, or nothing in respect to non-Union matters such as agriculture.

    It is the mainland that decides on behalf of Zanzibar how much it should get. Yet Zanzibar cannot shop for foreign aid for itself.



    On their part, business people decried double taxation, saying that while the TRA has a presence in Zanzibar, once you re-export to the mainland, there is reassessment, harassment, delays in clearing the goods.

    The structure of government has also been put under a microscope.

    The bone of contention is that the Union deals with Union and non-Union matters lumped together.

    Hence Zanzibaris feel that when a minister of the Union deals with issues affecting both entities, he is likely to favour the mainland. In short, there is a conflict of interest.

    At the same time, budgetary allocations are bundled together for the Union government and Tanzania Mainland without any clear distinction.

    It is for this reason that there has been a clamour for the establishment of a three-tier government consisting of the Union, Zanzibar and Tanzania Mainland.

    This problem dramatically took centre stage in 1984 and led to the then president of Zanzibar, Aboud Jumbe, being forced to resign.

    In regard to political and government institutions and processes, Zanzibaris stated that they are not considered a country, yet they are.

    They pointed out that while the Union entails two countries, their president has no role.

    They pointed to the inequity in the sharing of government offices within the Union. There are only three ambassadors from Zanzibar.

    The ambassadors from the mainland work for the benefit of the mainland. Likewise, they point to the relatively few Zanzibaris serving in embassies abroad.

    A Zanzibari is yet to serve as the Inspector General of Government.



    In the army, all ranking generals are from the mainland. Most staff in the Tanzania Revenue Authority are said to be from the mainland too.

    "In general, therefore, at the political level, many Zanzibaris do not think the Union is in their interest; they think that they have no say in the Union. They feel marginalised; they believe that, at the institutional level, they are not taken care of. They do not get to learn of opportunities or services offered by ministries dealing with Union matters since they do not maintain offices in Zanzibar," the mission observes in a report titled "Federation within Federation: The Tanzania Union Experience and the East African Integration Process."However, peace and security were pointed out as benefits of the Union.

    From the mainland, there were complaints about the over-representation of Zanzibar in Union institutions, including parliament.

    It was also pointed out that the portfolios for the mainland in government are virtually non-existent since there are people from Zanzibar holding portfolios for non-Union matters.

    According to the mission, these issues were compounded by the unique structure of the Union: A two-government structure with a Union government and government of Zanzibar, but without a Tanganyika government. On the one hand, it was claimed that Zanzibar could not negotiate with the partner with whom they had executed the Union treaty with a view to modifying it as the need arose.

    Revive Tanganyika

    On the other, there were voices from the mainland calling for the revival of a Tanganyika government.

    The dual mandate of the Union government, for instance, jurisdiction over Union matters, and over non-Union matters of the mainland created its own problems and suspicions.



    "An attempt was made to design mechanisms to deal with the problems but these, including the Constitution Court, a Permanent Commission and many ad hoc ones appear to have been largely ineffectual; they always had to resort to the one-party structure to deal with the issues," the report observes.

    "The transition to multiparty politics has made the latter approach to Union problems impractical. The transition has also brought in its wake, problems of electoral and post-electoral violence and claims of electoral fraud in Zanzibar. This has in turn highlighted the problems of the Union, and in particular the place of Zanzibar within the Union," it adds.

    The incremental erosion of the powers of the government of Zanzibar is best illustrated by the 1977 merger of Tanganyika African National Union and Afro Shirazi Party.

    This meant that matters that were entirely within the jurisdiction of Zanzibar were to be decided by a pan-territorial political party - Chama cha Mapinduzi.

    Renegotiation

    In the political arena, two court cases were filed asking the High Court of Zanzibar to declare the Union null and void.

    Other players have mooted the renegotiation of the Articles of Union to create a fully fledged federation.

    The Articles of Union constitute the legal basis of the Union and for them to have effect, they should have been ratified by both Tanganyika and Zanzibar.

    There is no evidence of any law in Zanzibar ratifying the treaty. The only evidence of ratification appeared in the Government of Tanganyika Gazette under the signature of the Solicitor General of the Tanganyika Government.

    The Union, therefore, it is concluded by some, "lacked a legal basis right from the very beginning because while the Articles were signed by Karume they were not ratified. The Union therefore exists de facto, but not as a matter of law," the reports notes.

    "Hence decisions were made on the basis of good will and political expediency rather than law and the constitution. The unification process was not constitutionalised; it was just a political agreement between Nyerere and Karume and even the Articles of Union came as an afterthought. They were formulated subsequent to the fact."

    It was stated that some key figures in government do not understand the structure of the Union, for instance, the two governments and three jurisdictions.

    This creates confusion which is compounded by the constitution itself.

    It was pointed out that while Article 4 of the constitution does provide for the two governments with three jurisdictions other parts of the constitution mix up things and blur the distinction.
     
  2. m

    mambomengi JF-Expert Member

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    Mar 5, 2011
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    4. Articles of Union
    The main foundation of the Constitutions of the United Republic of Tanzania of 1977 and the Zanzibar Revolutionary Government of 1984 is the Articles of the Union of 1964. The Articles of the Union were signed on April 22, 1964 by the Founders of the Union, the late Mwalimu Julius Kambarage Nyerere and the late Sheikh Abeid Amani Karume. After the Union, Mwalimu Julius Kambarage Nyerere became the first President and late Sheikh Abeid Amani Karume became the First VicePresident of the United Republic of Tanzania. The late Rashid Mfaume Kawawa became the Second Vice President of Tanzania and leader of Government
    business in the National Assembly.

    The Acts of the Union were later incorporated in the interim Constitution of 1965 of the United Republic of Tanzania in which 11 matters were agreed to be part of the Union under the guidance of the Union Government. The 11 matters were:
    1. The Constitution and Government of the United Republic
    2. External Affairs
    3. Defence
    4. Police
    5. Emergency powers
    6. Citizenship
    7. Immigration
    8. External trade and borrowing
    9. The public service of the United Republic
    10. Income tax, corporation tax, customs and excise duties
    11. Harbours, civil aviation, posts and telegraphs

    The Interim Constitution of 1965 classified two governments, representation of Zanzibar in the Union National Assembly and the Revolutionary Government of Zanzibar authorities. This arrangement empowered the Union government to oversee union matters and nonunion matters for Tanganyika. At the same time, the arrangement empowered the Zanzibar Revolutionary Government to oversee all nonunion matters concerning Zanzibar.

    With passage of time Union matters increased from 11 to 22 in response to internal demand, people's expectations and reforms taking place internally and internationally.

    The 12th Union matter concerning currency (and bank notes) commercial banks and banking transactions, foreign currency and management of foreign currency was added to the list of union matters in the Interim Constitution in 1965 for the purpose of monetary union and to strengthen management of foreign currency and banks in the United Republic of Tanzania.

    In addition, following the creation of the East African Community in 1967, three Union matters, including industrial licenses and statistics, higher education and civil aviation and air transport were added to the list.

    In 1968, oil products, including crude oil and all types of petroleum products, and natural gas were also added to the list of Union matters.

    A permanent Constitution was in place in 1977 and additional union matters were added to the list namely; Tanzania National Examinations Council and all matters related to the Council. This was done to harmonize matters concerning examinations on both sides of the Union.

    Equally, following the collapse of the East African Community in 1977, all matters concerning Tanganyika and Zanzibar that were being overseen by the East African Community were handed over to the Union Government and measures were later taken to add them to matters under the Union Government.

    In 1979, the Court of Appeal of the United Republic of Tanzania was added to the list of Union matters following the collapse of the East African Court of Appeal.

    In 1992, following political reforms in the country, the question of registration of political parties and other matters pertaining to political parties was also added to the list of matters under the Union.
    The procedure of adding Union matters to the list was done through the National Assembly of the United Republic of Tanzania based on the principles of the Constitution of the United Republic of Tanzania Section 98 (1) (b) that stipulates that making changes to the list of Union matters should be approved by two thirds of Members of Parliament from Tanzania Mainland and two thirds of Members of Parliament from Tanzania Zanzibar.

    22 Areas of Union
    The Constitution of the United Republic of Tanzania, 1977 specifies twenty two (22) areas as Union Matters. These are outlined in the first schedule of the Constitution of the United Republic of Tanzania 1977. They include:
    1. The Constitution of the Tanzania and the Government of the United Republic;
    2. Foreign affairs;
    3. Defense and security;
    4. Police;
    5. Emergency Powers;
    6. Citizenship;
    7. Immigration;
    8. External Borrowing and Trade;
    9. Service in the Government of the United Republic;
    10. Income tax payable by individuals and by corporations, customs duty and excise duty on goods manufactured in Tanzania collected by the customs Department;
    11. Harbors, matters relating to air transport, posts and telecommunications;
    12. All matters concerning coinage, currency for the purpose of legal tender
    (including notes), banks (including savings banks) and all banking business;
    foreign exchange and exchange control;
    13. Industrial licensing and statistics;
    14. Higher Education;
    15.Mineral oil resources, including crude oil and natural gas;
    16. The National Examinations council of Tanzania and all matters connected with
    the functions of that council;
    17. Civil Aviation;
    18.Research;
    19.Meteorology;
    20.Statistics;
    21. The Court of Appeal of the United Republic; and
    22.Registration of political parties and other matters related to political parties.

    The Structure of Our Union
    The structure of our Union has put in place various organs for executive functions, judiciary and law making. The Constitution of the United Republic of Tanzania of 1977 declares that Tanzania is one sovereign state and is a United Republic, whose territory includes the entire land mass of Mainland Tanzania and Tanzania Zanzibar, and the water bodies surrounding it.

    The Acts of the Union clearly stated that the United Republic will be one sovereign state. Principles of statehood stipulated in the Union agreement include the fact that the United Republic shall represent the people and be the image of our nation before the International Communities.

    The constitution of URT stipulates two Governments as follows;
    (a) The RGoZ has exclusive jurisdiction over non union matters in Tanzania Zanzibar. These include issues such as health, land, environment and related issues;
    (b) The URT has jurisdiction over nonUnion matters within Tanzania Mainland. These include health, local government, agriculture, etc, and all Union issues that have been specified in the second schedule of the constitution of URT.

    View attachment historical_overview.pdf
    View attachment Historia ya Muungano.pdf
     
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