JUKWAA LA KATIBA TANZANIA

THE ROLE OF CIVIL SOCIETY IN BROADENING PARTICIPATION IN THE CONSTITUTION MAKING PROCESS IN

TANZANIA

Slides to guide presentation at a HAKIARDHI FORUM on LAND AND CONSTITUTIONALISM, Landmark Hotel, Dar es Salaam

25 February, 2011

June 28, 2011 1

TANZANIA CONSTITUTIONAL FORUM,

THIS PRESENTATION IS ABOUT.

• Public/Democratic Participation in a

National process (es)ie. Constitution Making.

• Citizen involvement/ Engagement in the

KATIBA Process.

• Organized Citizenry (sectoral, etc).

• Citizen Awareness

• Constitutionalism and Constitution making.

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KEY CONCEPTS….• CIVIL Society as ….

• Participation….

• Constitution Making….

• KATIBA……. Consensus building tool?

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A ‘Mansion’ of a Tanzanian urban resident !

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A small suburb hut for Hosni Mubarak !

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Civil society refers to the arena of

uncoerced collective action around shared

interests, purposes and values. In theory, its

institutional forms are distinct from those of

the state, family and market, though in

practice, the boundaries between state,

civil society, family and market are often

complex, blurred and negotiated. Civil

society commonly embraces a diversity of

spaces, actors and institutional forms,

varying in their degree of formality,

autonomy and power (LSE).

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Meaning of CS…..

Civil societies include organizations such asregistered charities, development non-governmental organizations, communitygroups, women's organizations, faith-basedorganizations, professional associations, tradeunions, self-help groups, social movements,business associations, coalitions and advocacygroups.

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CS Composition…. Civil society is composed of the totality ofvoluntary civic and social organizations andinstitutions that form the basis of afunctioning society, as distinct from theforce-backed structures of a state(regardless of that state's political system)and commercial institutions of the market.

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Citizens and the State ..

The State is not:

“any superior in wisdom, to the individuals

who are its members”.

- James M Buchanan

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CSOs…..• academia

• activist groups

• charities

• citizens' militia

• civic groups

• clubs (sports, social, etc.)

• community foundations

• community organizations

• consumers/consumer organizations

• cooperatives

• cultural groups

• environmental groups

• foundations

• intermediary organizations for the voluntary and non-profit sector

• men's groups

• non-governmental organizations (NGOs)

• non-profit organizations (NPOs)

• policy institutions

• private voluntary organizations (PVOs)

• professional associations

• religious organizations

• support groups

• trade unions

• voluntary associations

• women's groups

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CS RECORD INTANZANIA…

Civil Society has a record in:

• The struggle for independence (AA, TAA)

later, TANU

• Community Development (eg various

projects in rural Tz.

• Social Mobilisation in Poverty reduction etc

• Process Participation ..

• Analysis, Awareness raising and organizing

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TANZANIA CONSTITUTIONALFORUM

JUKWAA LA KATIBA TANZANIA

- Coordinating public demand for a new…..

Constitution.

- Scaling up awareness on (best )

democratic constitution making

models/practices.

- Constructive engagement with

technical/official processes

- Mobilization for public participation in the

process(let the people speak)

- Amplifying Citizen Voice into formidable

actions and demands…

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JUKWAA LA KATIBA TZA- Re-invigorated in 2011 following great

work in early 2000s (draws history in

CCNC/Pambazuko la Katiba Mpya)

- Broad based Forum of CS actors

- Currently led by a Steering group of 20

organizations and Networks (LHRC, TCIB

etc)

- Voluntary recruitment and membership

- Depends on available resources and spaces

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Task 1• Demanding Constitutionalism (since then, now and in

future !)

-Researching constitutionalism

- Literature review (thorough !)

- Analyzes

- Comparisons

- Debates

- Actions

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Task 2• Awareness raising on Constitutionalism in TZA and other

places/Countries (Content and Process).

Tanzania‟s Constitution since independence: (Process and Issues)

- 1961 (Independence Constitution)

- 1962 (Republican Constitution)

- 1964 (Union Constitution)

- 1965 (Interim Constitution)

- 1977 („permanent‟ Constitution)

14 Amendments to the URT constitution (1977 -2005) and 10 amendments to the Zanzibar Constitution (1984 -2010)

History of Citizen Participation/ Exclusion?

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Task 3Shaping Constitution making process through:

- Engaging with official process (Bill to put framework in place)

- Enhancing/systematizing capacity in Constitutionalism

- Creating/utilizing spaces for information on Constitutionalism

- Single handed Commission or comprehensive bill to provide for detailed system of Constitution making step by step ?

- Engaging with the bill process from DAR (AG Chambers) to Dodoma (Parliament) and DAR (Committee work…etc)

- Coordinating public action against misconduct in the process

- Preparing releases and submissions throughout the official process.

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Constitutional Bill process..• Early people‟s views on pillars and issues

(Nguzo/masuala za Katiba)

• Constitutional Commission (Views)

• Constitutional Conference (Bomas)

• Committee of experts on KATIBA to synthesize.

• Constituent Assembly

• Referendum (Kenya had 1 aborted + 1 successful)

due to partisan interests (NARC, ODM etc)

• Etc….

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Continuous process

Validation…..

- Ensuring informed participation

- Encouraging inclusion

- Watching throughout cycle of the process

- Continuous information !

- Coordinating public action if need be !

- Ensure implementation of the New KATIBA ! (SA implemented?)

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Way forward !

• Decentralized JUKWAA (Process +Resources)

• Multiply capacities in Moderation (Process and

Content)

• Proceed with sectoral conversations and

debates !

• Bring feedback to JUKWAA/JUKWAAs regularly

for learning lessons.

• Help in the search for a consensus, KATIBA !

• Let the MNG‟ANZAGALA Speak, along with us !

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COME ON BOARD

ALL OF YOU !

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THANK YOU !Deus M Kibamba

Tanzania Citizens’ Information Bureau (TCIB)

Off Old Bagamoyo Road, Mikocheni B- Market Area

P.O Box 9354, Dar es Salaam, Tanzania

Telephone: +255 22 2780 765

Faxline: +255 22 2781 443

Mobile: +255 788 758581

Email: info@tcib.or.tz; dkibamba@tcib.or.tz

Webisite: www.tcib.or.tz

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