3.
SUMMARY OF FINDINGS IN THE THEMATIC AREAS
3.1
Democracy and Political Governance
li.
From its inception, the URT experienced shifts in the extent of available political space. Expanding and contracting
between political pluralism and competitive party and electoral politics, the country shifted from a single-party
dominant multi-party to a one-party state, and then back to the single-party dominant multi-party state. Within
this context, it could be said that post-independence Tanzania’s political evolution was shaped by the desire
to promote political stability and national unity, and provide for the basic necessities of its people, within an
expanding framework of rights, duties and responsibilities.
lii.
The 1977 URT Constitution, which re-established multipartism, was followed by the 1992 Political Parties Act,
ushering in a hybrid, semi-presidential system of government that fuses elements of both the presidential and
the parliamentary systems. This hybrid system has worked well so far, largely due to CCM’s electoral dominance
in the country through its control of both the presidency and legislature. The long years of single-party dominant
and one party rule from 1961 to 1992 laid firm foundations for the executive branch and party dominance in
the country, which remain rather apparent under multi-party rule, in spite of constitutional provisions for the
separation of powers., Political succession has been predominantly peaceful if, at times, hotly contentious.
liii.
Tanzania continues to make appreciable progress in peaceful political change, and in the promotion of
constitutionalism, the rule of law and the promotion and protection of human rights. A noteworthy development
in the promotion of human rights is in the area of women’s participation in representation and decision-making,
where the country has taken important steps to enhance the participation of women in public life, in the National
Assembly, Local Councils and in the public services. In general, quotas for the representation of women in
Zanzibar’s House of Representatives have broadly followed the arrangements of the Union’s National Assembly.
liv.
In this regard, the country has ratified 144 international, continental and regional conventions, treaties, charters
and declarations: complementary and key building blocks for a democratic state. A majority (104) of these
instruments are multilateral, 22 are continental, and 18 are regional. Nineteen (19) instruments were signed but
are yet to be ratified.
lv.
However, much remains to be done to protect the human rights of citizens in the country and, especially after
the return to a multi-party state, to agree on competitive party and electoral politics as a positive mechanism for
managing national diversity. Allegations of human rights abuses by state functionaries and agencies, of police
brutality and extra-judicial killings recurred throughout CRM stakeholder meetings in Dar es Salaam and in the
regions. Other causes of concern over the human rights situation in the country stem from the prevalence of “mob
justice” or “mob lynching,” attacks on albinos, and residual but culturally-based discrimination against women.
lvi.
Challenges inherent in promoting and protecting human rights are symptomatic of the wider challenge of
forging sustainable democracy and development through constitutional government, the rule of law and political
pluralism. A cause for concern in this respect is the fact that the 1977 URT Constitution and legislation provide
for few democracy promoting institutions in the country. These are the Commission for Human Rights and Good
Governance (CHRAGG), the Combating and Prevention of Corruption Bureau (PCCB), the Ethics Secretariat, the
National Electoral Commission (NEC), and the Registrar of Political Parties, all of which have limited independence
and work under considerable constraints. There is perhaps a compelling need to set up more such institutions,
designed as horizontal institutions of accountability and transparency. Their role would then be to share the
burden of promoting democracy, working within the confines of interrelated but specific functions in the areas
of human rights, civic and political education, and public complaints. It is encouraging in this respect that
government has set in motion a process of constitutional reform to confront this broad challenge, and matters
arising therefrom.
lvii.
The return to multi-party politics has provided the context for a re-examination of the URT’s future, pertaining,
especially, to its constitutional structure and the division of powers between the Union Government and the
Government of Zanzibar, and the place for Mainland Tanzania within the Union. Under the 1977 URT Constitution
[Article 1 and Article 2(1)], “Tanzania is one State and is a sovereign United Republic,” consisting of Mainland
Tanzania and Tanzania Zanzibar. The Constitution [Article 4(3)] also provides for an entrenched division and
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