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Thu, Dec 1st, 2011
Thu, Dec 1st, 2011 Tanzania
Minister for Constitutional Affairs and Justice Celina Kombani
Members of the public will have an opportunity to express their views on the death penalty when the Constitutional Review Commission becomes operational, the government hinted yesterday.
It said that since the Right to Life forming part of the 1977 Constitution of the United Republic of Tanzania, it would be perfectly in order for the public to comment on the issue during the envisaged review of the country's ‘mother law'.
Justice and Constitutional Affairs minister Celina Kombani made remarks to that effect at the Sixth International Meeting of Justice Ministers in Rome.
"As you may have noted, Tanzania is now embarking on a Constitutional Review process. Bearing in mind that the Right to Life is enshrined in the Constitution, it is likely that during the review process the public will have the opportunity of expressing their opinion on the death penalty," she said.
She added that the Constitution stipulates that none of the rights it provides for, including the Right to Life, "renders unlawful any existing law or prohibits the enactment of any law or the doing of any lawful act in accordance with such law.
According to the minister, that was for the purpose of ensuring that the rights and freedoms of other people and the interest of the public are not prejudiced by the wrongful exercise of the freedoms and rights of individuals.
She said that was why Tanzania's laws provide for the death penalty as a punishment for murder and treason.
Meanwhile, the opposition Chama cha Demokrasia na Maendeleo (Chadema) said yesterday that President Jakaya Kikwete's endorsement of the 2011 Constitutional Review Bill on Tuesday had left it in shock and disbelief.
As always, the party said it wanted to see the bill subjected to comprehensive consultations involving the Tanzanian citizenry so as to accommodate a bigger range of views before it graduated into law.
Addressing the media at the party's headquarters in Dar es Salaam, Chadema acting Secretary General John Mnyika urged the government not to put the newly endorsed bill into force for now, arguing that it denies people freedom to air their views freely because it contains provisions that violate human rights and international laws which Tanzania has ratified.
The appeal came only a day after President Kikwete signed the bill into law, which paves the way for the formation of legal instruments such as a Constitutional Review Commission to collect the views of various stakeholders.
"We will not participate in any process relating to the envisaged Constitution until we have satisfied ourselves that all contentious provisions are scrapped and the law is friendly to all stakeholders and accommodative of a wide range of views," said Mnyika.
Mnyika, who signed a joint statement with the government when the two parties met at State House only days ago, declared that newly signed law contains provisions unlawfully prohibiting any person, group or institution from educating, coordinating or collecting views of the people.
"Any person caught thereafter coordinating, educating or collecting views may be fined five million shillings or face five to seven years in prison," he added.
In a more conciliatory tone, Mnyika said his party would continue educating its members, supporters and the larger public on the law "complete with the controversial provisions it contains".
"We will desist from staging demonstrations but educating people on this repressive law will go on because it is one of our party's responsibilities," he noted.
Following the president's endorsement, the bill officially graduates into law effective from today.
By Gerald Kitabu, The Guardian
Thu, Dec 1st, 2011 Tanzania
Minister for Constitutional Affairs and Justice Celina Kombani
Members of the public will have an opportunity to express their views on the death penalty when the Constitutional Review Commission becomes operational, the government hinted yesterday.
It said that since the Right to Life forming part of the 1977 Constitution of the United Republic of Tanzania, it would be perfectly in order for the public to comment on the issue during the envisaged review of the country's ‘mother law'.
Justice and Constitutional Affairs minister Celina Kombani made remarks to that effect at the Sixth International Meeting of Justice Ministers in Rome.
"As you may have noted, Tanzania is now embarking on a Constitutional Review process. Bearing in mind that the Right to Life is enshrined in the Constitution, it is likely that during the review process the public will have the opportunity of expressing their opinion on the death penalty," she said.
She added that the Constitution stipulates that none of the rights it provides for, including the Right to Life, "renders unlawful any existing law or prohibits the enactment of any law or the doing of any lawful act in accordance with such law.
According to the minister, that was for the purpose of ensuring that the rights and freedoms of other people and the interest of the public are not prejudiced by the wrongful exercise of the freedoms and rights of individuals.
She said that was why Tanzania's laws provide for the death penalty as a punishment for murder and treason.
Meanwhile, the opposition Chama cha Demokrasia na Maendeleo (Chadema) said yesterday that President Jakaya Kikwete's endorsement of the 2011 Constitutional Review Bill on Tuesday had left it in shock and disbelief.
As always, the party said it wanted to see the bill subjected to comprehensive consultations involving the Tanzanian citizenry so as to accommodate a bigger range of views before it graduated into law.
Addressing the media at the party's headquarters in Dar es Salaam, Chadema acting Secretary General John Mnyika urged the government not to put the newly endorsed bill into force for now, arguing that it denies people freedom to air their views freely because it contains provisions that violate human rights and international laws which Tanzania has ratified.
The appeal came only a day after President Kikwete signed the bill into law, which paves the way for the formation of legal instruments such as a Constitutional Review Commission to collect the views of various stakeholders.
"We will not participate in any process relating to the envisaged Constitution until we have satisfied ourselves that all contentious provisions are scrapped and the law is friendly to all stakeholders and accommodative of a wide range of views," said Mnyika.
Mnyika, who signed a joint statement with the government when the two parties met at State House only days ago, declared that newly signed law contains provisions unlawfully prohibiting any person, group or institution from educating, coordinating or collecting views of the people.
"Any person caught thereafter coordinating, educating or collecting views may be fined five million shillings or face five to seven years in prison," he added.
In a more conciliatory tone, Mnyika said his party would continue educating its members, supporters and the larger public on the law "complete with the controversial provisions it contains".
"We will desist from staging demonstrations but educating people on this repressive law will go on because it is one of our party's responsibilities," he noted.
Following the president's endorsement, the bill officially graduates into law effective from today.
By Gerald Kitabu, The Guardian
