I. GENERAL INFORMATION ABOUT THE STATE PARTY
6. This being a report subsequent to the Initial Report submitted to and considered by the Committee
in 2009, the State Party wishes to point out that the general information relating the State Party’s political
structures and mode of governance remain generally the same, save for two significant developments that
occurred during the reporting period.
6.1 Zanzibar underwent significant political reforms in 2010 through the 10 th Constitutional
Amendment to the Zanzibar Constitution, whereby, inter alia, the Government of National Unity (GNU) was
established after a decade-long of political turbulence. This situation was a result of a referendum which was
held in Zanzibar on 31 July 2010, whereby 66.4% of the voters voted for the GNU. The referendum approved,
inter alia, that the best losing party or run up in the elections would now be allowed to nominate the first vicepresident, whereas the wining party would produce the president and second vice-president. Under this new
political arrangement, the second vice president is the head of government business, replacing the Chief
Minister (i.e. Waziri Kiongozi). The referendum was conducted in a bid to end the decade-long tug of war
between the ruling party, Chama cha Mapinduzi (CCM), and the main opposition in Zanzibar, Civic United
Front (CUF). During the 1995, 2000 and 2005 general elections these political tensions resulted in violence
that saw a number of people being killed and maimed, most of whom were youths, women and children. So,
the referendum brought to an end such rivalry and allowed a government of national unity, whereby the ruling
party, CCM, won the 2010 General Elections and now have provided the Zanzibar President and the Second
Vice President, while CUF has produced the First Vice President. The GNU arrangement has reduced the
political tensions that had engulfed the Isles since the first multi-party elections in 1995, giving a peaceful
room for people’s participation in socio-economic and political undertakings. In terms of the realisation of
children’s rights, the advent of the GNU has helped to establish a specific Child Development Department
within the MESWYCD that, inter alia, oversees the implementation of the Charter.
6.2. From April 2012 the State Party embarked on the review of its current Constitution with a view
to adopting a new one as envisaged under the Constitutional Review Act (2011).2 The constitutional review
and re-writing process was overseen by the Constitutional Review Commission (the Commission) established
under Section 5 of this law. The Commission submitted its Draft Constitution to the President of the United
Republic of Tanzania and the President of Zanzibar3, who made it public through the Government Gazette;
consequent to which they established the Constituent Assembly (CA)4 in February 2014. In March 2014 the
Commission submitted the Draft Constitution to the CA5, which adopted the Proposed Constitution in
October 20146. Now the Proposed Constitution is awaiting validation by a national referendum to be held
after the 25 October 2015 General Elections.7 In particular, unlike the 1977 Constitution, the Proposed
Constitution has set out a specific provision in the Bill of Rights guaranteeing the rights of the child.8 It also
defines a child as any person below the age of eighteen in similar manner as Article 2 of the Charter.9
II. GENERAL MEASURES OF IMPLEMENTATION OF THE CHARTER
7. In compliance with the Committee’s previous recommendations and in accordance with the
relevant provisions (particularly Article 1) of the Charter, the State Party has undertaken a number of
necessary measures to adopt such constitutional, policy, legislative other administrative measures that
2
Cap. 83 R.E. 2012.
Ibid, Section 20(1).
4
The CA was established under Section 22 of the Constitutional Review Act.
5
Ibid, Section 20(2) and (3).
6
Under Section 25(1) of the Constitutional Review Act, the CA had powers to make provisions for the New Constitution of the
United Republic of Tanzania and transitional and consequential provisions to the enactment of such constitution.
7
The Referendum shall be organised, supervised and conducted by the National Electoral Commission (NEC) under Sections 31-36 of
the Constitutional Review Act and under the Referendum Act (2013).
8
Article 53 of the Proposed Constitution of the United Republic of Tanzania (October 2014).
9
Ibid, Article 53(3).
3
6