Kufuatia muktadha wa hapo juu, nadhani ni muhimu tukajadili maswali yafuatayo:
1. Bunge la katiba maana yake ni nini?
2. Kazi kubwa ya bunge la katiba ni ipi?
3.Nini ni tofauti kubwa baina ya shughuli za bunge la JMT na zile za bunge la katiba?
4. Je kikatiba, tumetoka wapi kama taifa na tunaelekea wapi?
5. And linapokuja suala la muungano, why it is always - WHAT CONSITUTES PEOPLES HOPES CONSISTITUTES CCM's fears?
6. Mwisho, je are Nyerere's fears juu ya serikali tatu similar to fears za viongozi wa leo wa ccm?
Mchambuzi,
Unfortunately, some of us saw this coming long time ago. Ndiyo maana wachache tuliushtukia mchakato mzima mapema kabisa na kusema ni mbovu. Kwa maana nyingine, personally sioni umuhimu wa kutafuta majibu ya hayo maswali kwa sababu mchakato mzima ulikuwa based on the wrong premises. I still stand with my preliminary objections and I don't see the need to discuss on any substantive issues. Sana sana nita-copy na ku-paste hapa nilichoandika enzi hizo kwenye ile thread ya Mwanakijiji ya
Kwa nini napinga mchakato wa Katiba Mpya ulivyo sasa na kwanini wewe pia yakupasa uupinge. Tuliyoongea wakati huo ndiyo yanaanza kujionyesha taratibu.
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When the President announced his Presidential Constitutional Review Commission that will preside over the process of writing a new Constitution, I said I will reserve my comments until I read the first draft of the new Constitution. As most people were supporting the Commission, I thought my be "nimerukwa na akili". However, [Mwanakijiji's] article has prompted me to comment on even before the Commission starts embarking on its task.]
Our current Constitution was made by a group of people that was not inclusive. Large numbers of people were excluded from the political process and the whole system of government. It is unquestionable that constitutions made by commissions, such as the one appointed by the President, without participation of the people's representatives cannot make the government system inclusive.
The need for Constituent Assembly
Unlike other forms of constitution-making in which a constitution is unilaterally imposed by a sovereign lawmaker, the Constituent Assembly, also known as a Constitutional Convention or Constitutional Assembly, creates a constitution through "internally imposed" actions. This means members of the Constituent Assembly are themselves citizens, but not necessarily the rulers, of the country for which they are creating the constitution. Constituent Assembly also restructures the State's institutions and policies.
In the past, state's institutions were made to suit the interests of elites. Therefore, for transformation and making Tanzania a prosperous country, Constituent Assembly is a matter of necessity for the new Constitution. Constituent Assembly is the most important instrument of making constitution by all and addresses the problem of exclusion by inclusive democracy.
In inclusive democracy, no institution, including the President, can have special powers. Whether or not we want to have an institution with special powers, this should be decided by the Constituent Assembly. Since it is the highest body of people, Constituent Assembly can decide on this matter. Constituency Assembly is, therefore, necessary for building the structure of inclusive democracy and root out the possibility of conflict in future.
Purposes/objective of Constituency Assembly
The new constitution should be made by the Constituent Assembly for the following purposes/objectives. Firstly, Constituent Assembly adopts diversity as a core value. Constitution is a fundamental law of our country, so it should make the system of government inclusive of all. All people must participate in it, so that every individual will own it irrespective of their religion, ethnicity, race, sex, age and geography.
Tanzania's unity is dependent upon the recognition of Tanzania as a country of all people equally. Thus, language, culture and identity of all groups must be recognized as national assets. Only this way, we can preserve the unity of the people. Constitution, therefore, by recognizing diversity must promote unity. Effectively, constitution making process must give chance to every individual to debate and express their opinions.
Secondly, as you pointed out, Constituent Assembly makes the people sovereign. The power of the State rests on people, which is known as sovereignty, not on the President. By making constitution through their representatives, people exercise the power of sovereignty. Through Constituent Assembly, the people are defining structure of democracy and structure of government in which political parties must work. Constituent Assembly in this sense will devolve sovereignty from the President and political parties to the people [so far kinachotokea sasa ni sovereignty kumilikiwa na Rais na chama tawala].
Thirdly, Constituent Assembly lets the people decide on the structure of the State. Recognition and protection of fundamental human rights is one of the most important steps of controlling government from being tyrant. So, people will decide what kind of rights they want to make fundamental rights in the new Constitution. People must be able to directly rule them. The self-governance is most basic foundation of democracy. So, by making constitution through Constituent Assembly, people will be able to decide what kind of local governance should be recognized by the State.
The Process
The Constituent Assembly should be elected by direct votes of the people. Members of the Constituent Assembly should be elected according to the proportional election system.
Tenure of Constituent Assembly should be two years from the date of the first assembly. But it can be extended for another six months if emergency situation in the country occurs.
Every member in the Constituent Assembly can propose a bill and let the discussion take place. in this way, every individual through his/her representative can put forward proposal for bills of the new Constitution.
People can participate in the discussion through submitting proposals, and inviting members for discussion. People can create pressure groups to make their issues recognized. Participation of everybody is crucial in making of the new constitution to be owned by all people and not by some few elites.
Now, we, the people of the United Republic of Tanzania, have two options in the making of a new Constitution. The first option (which is already in the pipeline) is that at the non-democratic extreme of the spectrum, we may have a sovereign lawgiver or intermediaries laying down the new constitution for all future generations. The second option (which many Tanzanians have never thought about it) is that at the democratic extreme, we may have a Constituent Assembly elected by universal suffrage for the sole task of writing the new constitution. Since we have chosen the non-democratic route, then we must stop complaining and prepare for undemocratic outcomes of the new constitution making process.