The Constitution
The amended Constitution of the United Republic of Tanzania came into force in 1977. It
replaced the 1965 Interim Constitution. The 1977 Constitution incorporates all amendments
made law since 30 June 1995, including aspects of the reversion to multi-party democracy.
Tanzania, in its pre-independence years under German and British colonialism, and in its
earliest post-independence years, was initially a no-party and more recently a one-party
state. Basically, there are two constitutions in Tanzania. One applies to the Union
government (comprising mainland Tanzania and Zanzibar) and the other only to Zanzibar. The
Constitution of the Revolutionary Government of Zanzibar of 1979 is modeled very closely
on the 1977 Union Constitution, providing the same general format and organisation of the
government institution as well as a maximum of two five-year terms for the elected
President. General Principles
The United Republic of Tanzania is an independent, unitary, sovereign and democratic state
committed to the rule of law. It was forged by two independent states - Tanganyika
(independence 9 December 1961) and Zanzibar (inde-pendence 10 December 1963). Its
objective is to build a unified society based on freedom, human rights and peaceful
existence.
Fundamental Rights
All Tanzanians over the age of 18 have a right to choose representatives for both local
and central governments. Tanzanians enjoy universal franchise and suffrage. They are free
to form political parties. All nationals enjoy the rights contained in the country's
Constitution: to life, equality before the law, freedom of expression, freedom of
conscience, and the right to work. A citizens duties include taking part in lawful and
productive work, abiding by the laws of the country, safeguarding public property, and
defending and protecting the independence, sovereignty and territorial integrity of the
nation.
The President
The President is the Head of State and Government. He is also the commander-in-chief of
the armed forces, the Tanzania People's Defence Forces (TPDF). The President is elected
alongside his Vice-President by direct, equal and personal universal suffrage. Under
Tanzania's law when the president is from the mainland, the Vice-President has to come
from Zanzibar. The presidential candidate is supposed to be a member of a fully registered
party which has endorsed his candidature and has to be seconded by not less than 200
nominators from each of at least ten regions (provinces), two of which are supposed to be
in Zanzibar. For one to become president, one has to win over half of the valid votes. The
next presidential elections are in the year 2000.
Parliament
Legislative powers are vested in the National Assembly (Parliament). The members of
Tanzania's Parliament are elected by universal adult suffrage in a secret ballot from
candidates presented by participating political parties. The parliamentary candidates
contest the 232 elected seats in the union National Assembly (previously there were 180
seats). For Zanzibar, such legislative functions are vested in the House of
Representatives which enacts laws except on constitutionally decreed union matters such as
foreign affairs, home affairs and defense. In 1985 the elections in Zanzibar were held one
week before those on the mainland. Tanzania's unicameral legislature has a total of 269
members. In addition to the 232 elected seats, 15 per cent of this total of elected seats
(35) are reserved for women nominated by organisations and one for the disabled. The other
is reserved for the Attorney General. The seats reserved for women are distributed
proportionately among the political parties elected to Parliament. Thus the ruling Chama
Cha Mapinduzi party, which won 186 of the elected seats, has 28 of the special women's
seats. The Civic United Front (CUF) won 24 seats giving it four women's seats and the
National Conference for Construction and Reform (NCCR-Mageuzi) won 16 elected seats and
has three women's seats. The Party for Democratic Development (CHADEMA) and the United
Democratic Party (UDP) each won three seats and they both have an additional one seat
reserved for women. The Attorney General is appointed by the President and the one seat
for disabled automatically goes to the winning party. This means that CCM has 214 seats in
Parliament, CUF 28, NCCR-Mageuzi 19, CHADEMO and UDP four each. Of the 13 political
parties which registered in time for the elections the remainder did not win seats in
Parliament. |
Gender
The Cabinet constitutes the government of the United Republic of Tanzania. The Cabinet
includes the Vice-President, the Prime Minister, the President of Zanzibar and all
ministers. The President chairs Cabinet meetings. In his/her absence, the Vice-President
takes charge. In the absence of both, it is the Prime Minister who chairs the meetings.
Zanzibar has an independent cabinet that looks into non-union matters affecting the
island's. The Vice-President is the assistant of the president in all matters relating to
the union. The Prime Minister is responsible for overseeing, supervising and implementing
union government affairs. He/she is also the leader of government affairs in the national
assembly. The post of Prime Minister can only be filled by a constituency elected and not
a nominated member of parliament. There are now 27 members of the cabinet (including the
AG). Judiciary
Judicial functions are administered through the Court of Appeal (for the Union), the
respective High Courts of mainland Tanzania and Zanzibar, magistrates, district and
primary courts. The Chief Justice is the head of the judicial department and the Court of
Appeal. The High Court (on the mainland) is headed by a "Jaji Kiongozi" (Head
Judge). The 1977 Constitution of the United Republic provides for the Appeal Court, High
Courts (of Tanzania and Zanzibar), Constitutional Court as well as other courts such as
magistrate, district and primary courts, land tribunal and industrial court.
Population
Tanzania has a population of 31.5 million (1997 estimate), growing at 2.3 per cent
(1995-2000 average population growth).
Important UN Instruments (Selected)
- International Covenant on Civil and Political Rights
- International Convention on the Elimination of All Forms of Racial Discrimination
- Convention on the Rights of the Child
- Convention on the Elimination of All Forms of Discrimination against Women(CEDAW)
- Convention against Torture and other Cruel, Inhuman or Degrading Treatment
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