MAMA POROJO
JF-Expert Member
- Nov 22, 2007
- 4,974
- 785
A Bill of Rights was a political luxury in Tanzania
In Tanzania, the freedom of association is deemed by the government to be a privilege, not a right. Soon after Independence, a government campaign eradicated most formal civil organizations, especially those with dissenting views and opposing positions. In 1964, for example, the government banned independent trade unions and formed the National Union of Tanzanian Workers Association (NUTA), a state controlled trade union. In so doing, it essentially outlawed strikes and the right to advocate for fair wages. In 1968, it passed a law curtailing the activities of Cooperative Unions.
In 1976, it dealt a devastating blow to the cooperative unions by outlawing them. In the absence of civil society organizations, the government enacted and pursued policies-often through a Presidential Decree or administrative fiat-some of which had profound and negative impacts on the well-being of most Tanzanians. For example, in 1973-75 the state resettled about 80 percent of the population in Ujamaa villages which resulted in famine and drastic reduction of crop production. To date, Tanzania has not recovered from the aftermath of this policy.
These and other restrictions forced most Tanzanians to be passive watchers of state-sponsored initiatives, many of which had negative consequences on their lives. Citizens were denied the right to be shapers and masters of their own destiny. The situation was complicated by the absence of a Bill of Rights in the country's Constitution. The government had consistently argued that a Bill of Rights was a political luxury that a poor country like Tanzania could not afford. It saw a Bill of Rights as an impediment to rapid social and economic development.
But after more than 20 years of independence, it became clear that the centralized government had failed to deliver promised economic prosperity to Tanzania. This led, among other efforts, to a backlash and intensified public demand for a Bill of Rights. Eventually and with a surprisingly restricted constitutional debate, a Bill of Rights was enshrined in the Constitution, vide Act No.16 of 1984. Tanzania's Bill of Rights, however, includes many exception clauses which subjects the rights enshrined in the Constitution to various pieces of legislation. By enacting a Bill of Rights with exception clauses the state hoped to curtail the powers of the judiciary to uphold and protect peoples' rights.
In Tanzania, the freedom of association is deemed by the government to be a privilege, not a right. Soon after Independence, a government campaign eradicated most formal civil organizations, especially those with dissenting views and opposing positions. In 1964, for example, the government banned independent trade unions and formed the National Union of Tanzanian Workers Association (NUTA), a state controlled trade union. In so doing, it essentially outlawed strikes and the right to advocate for fair wages. In 1968, it passed a law curtailing the activities of Cooperative Unions.
In 1976, it dealt a devastating blow to the cooperative unions by outlawing them. In the absence of civil society organizations, the government enacted and pursued policies-often through a Presidential Decree or administrative fiat-some of which had profound and negative impacts on the well-being of most Tanzanians. For example, in 1973-75 the state resettled about 80 percent of the population in Ujamaa villages which resulted in famine and drastic reduction of crop production. To date, Tanzania has not recovered from the aftermath of this policy.
These and other restrictions forced most Tanzanians to be passive watchers of state-sponsored initiatives, many of which had negative consequences on their lives. Citizens were denied the right to be shapers and masters of their own destiny. The situation was complicated by the absence of a Bill of Rights in the country's Constitution. The government had consistently argued that a Bill of Rights was a political luxury that a poor country like Tanzania could not afford. It saw a Bill of Rights as an impediment to rapid social and economic development.
But after more than 20 years of independence, it became clear that the centralized government had failed to deliver promised economic prosperity to Tanzania. This led, among other efforts, to a backlash and intensified public demand for a Bill of Rights. Eventually and with a surprisingly restricted constitutional debate, a Bill of Rights was enshrined in the Constitution, vide Act No.16 of 1984. Tanzania's Bill of Rights, however, includes many exception clauses which subjects the rights enshrined in the Constitution to various pieces of legislation. By enacting a Bill of Rights with exception clauses the state hoped to curtail the powers of the judiciary to uphold and protect peoples' rights.