CCM ‘foul play’ in Katiba process

While we are still waiting for the resumption of the Constituent Assembly (CA) sometimes in August this year, there is a need to continue talk, write, analyse and criticise constructively all perceptions that are focused on the whole process of getting a new Constitution next year or any other time in the future.

In today’s article, and possibly in many others that will follow, I will focus on a document issued by Chama Cha Mapinduzi (CCM) after the publication of the second Draft Constitution. It is known as “Waraka wa Siri wa Mapendekezo ya Katiba Mpya”. This new document of CCM, insists on the same proposals, which were first ignored by Constitutional Review Commission (CRC). It is a CCM strategy to tamper with the whole process of constitution making by ensuring that the ruling party’s interests are included in the new Constitution regardless of what the majority of Tanzanians want it to be.

In principle, and according to the law, which guides the process of constitution making, no new ideas or proposals from any group or institution should be inserted in the second Draft Constitution unless they improve or perfect (not alter) what is already in the second Draft Constitution. All stakeholders of the constitution making process, including the CA, are supposed to focus on the contents of the second Draft Constitution with a view to improving it if there is a need to do so.

The law gives Tanzanians an opportunity to form constitutional fora to discuss and give their views as they did in the first Draft Constitution as a way of improving it and help CRC to compile and then publish the second Draft Constitution for debate in the CA. Unfortunately, CCM in a short time after the publication of the second Draft Constitution reorganised itself again as a constitutional forum and craftily jotted down what the party wanted to be included in the new Constitution.

Before even analysing the contents and context of those proposals of CCM vis-à-vis the Draft Constitution and see their rationale, we first need to ask ourselves this question: was there are any reason for any institution like CCM to issue once again its proposals on the Draft Constitution after the publication of the second Draft Constitution? Definitely, the answer is self-evident. This is because the law allowed Tanzanians to give their opinions to improve the first Draft Constitution once through constitutional fora as per section 18 of the Constitutional Review Act (Cap 83).

During the time of discussing the first Draft Constitution, CCM had more privilege than any other political party. First, it outnumbered almost all constitutional fora of the first category, which were supervised by the CRC itself. Such fora brought together CCM members all over the country using a local government network, which is still CCM dominated. Second, CCM as a political party, organised itself into a constitutional forum to discuss the contents of the first Draft Constitution. Through these two platforms, CCM managed to deliberate on the first Draft Constitution and forwarded its proposals to the CRC. As CCM acknowledges in its documents many of their proposals were included in the second Draft Constitution, which is now before the CA for debate.

In unlike and unexpected event, CCM once again went into retreat and came out with another document insisting on their same proposals, which were left out by the CRC. CCM by issuing the document, which insists again on their same proposals, which were not considered by the CRC, it positioned itself as a superior party above all other Tanzanians. By so doing, CCM has unfairly monopolised the whole constitution making process against the law. What CCM was supposed to do, was not to continue pressing for its agenda on constitution making process and give freedom for its individual members to decide on the contents of the second Draft Constitution at the CA or later during a referendum.

In their document CCM says: “Nia ya waraka huu ni kufanya uchambuzi utakaosaidia kupata uelewa wa pamoja wa Rasimu ya Pili na kutoa fursa ya kujipanga vizuri kwa hatua zinazofuata katika mchakato wa kuunda Katiba mpya”.

In English (my translation) the above paragraph states: “the purpose of this document is to make analysis that will help us understand the second Draft Constitution and thus have an opportunity to strategically prepare for other stages that will follow in the process of constitution making”.

No doubt that this document of CCM is against the second Draft Constitution, which is the product of Tanzanians who aired their view before the CRC and the latter compiled them and produced the second Draft Constitution.

As a whole, the CCM document is divided into three main parts: areas or Articles whose proposals as they were, were wholly included in the second Draft Constitution, areas which although not wholly included in the second Draft Constitution, but do satisfy their needs and finally areas which were completely ignored by the CRC in its second Draft Constitution. In their document, CCM insists on fighting on, possibly through the CA to ensure what they want becomes a reality in the coming new Constitution.

This is a dirty game, which CCM is playing against the constitution making process. Let us honestly ask ourselves this question, if other institutions would do as what CCM is doing pressing for their proposals which were not entertained by the CRC in the second Draft Constitution, how will we achieve the goal of getting the new Constitution? This is a very awkward plot craftily implemented by CCM.

All proposals from constitutional fora of both categories had equal status before the CRC when it was analysing and preparing the second Draft Constitution. CCM as one of the constitutional fora had no special status for the CRC to consider its proposals against others. After the publication of the second Draft Constitution, every institution or individual person who gave his/her views before the CRC has to accept the situation as it is because the CRC could not include all opinions or proposals from each individual person or institutions like political parties. Why then CCM claims a special right in this process of constitution making? Where does it draw such legitimacy against others?

Other political parties and NGOs have their own different proposals, some of which they forwarded to the CRC, but not all are included in the second Draft Constitution, but are now comfortable with the contents of the Draft constitution, leave alone a few Articles which may need slight improvements.

For instance, the majority of Zanzibari (60 per cent) who want a Union structure to be in form of a confederation (Muungano wa Mkataba) are no longer insisting on the same because they know it would be possible for the CRC to analyse all proposals from all stakeholders.

Mwasasa J. / The Citizen