Mzee Mwanakijiji
Platinum Member
- Mar 10, 2006
- 33,476
- 39,995
- Thread starter
- #101
Na niliweka sababu ya kuupinga mchakato; naamini nilikuwa sahihi na naendelea kuwa sahihi.. ni vibaya sana kufuata upepo...
Na niliweka sababu ya kuupinga mchakato; naamini nilikuwa sahihi na naendelea kuwa sahihi.. ni vibaya sana kufuata upepo...
Mwanakijiji,
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, your article has prompted me to comment on even before Commission starts embarking on its task.
Our current Constitution was made by a group of people which were not inclusive. Large numbers of people were excluded from political process and system of government. It is unquestionable that constitutions made by commissions, such as the one appointed by the President, without the participation of people's representatives cannot make the government system inclusive.
The need for Constituent Assembly
Unlike 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 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 in 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 a 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 system of government inclusive of all. All people must participate in it, so that every individual will own it irrespective of his/her religion, ethnicity, sex, and geography.
Tanzania's unity is dependent on 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. 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.
Thirdly, Constituent Assembly lets the people to decide 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 discussion takes place. This way, every individual through his/her representative can make 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.
Nani ataungana nami tena kupinga Katiba Bambikizi...
Nani ataungana nami tena kupinga Katiba Bambikizi...