A Moment to be True
As we embark on the final stages of one of the most important events in the history of this great Nation; I am reminded of the essence of this journey and the burden it puts on all our shoulders, let alone, the few select that have been accorded a special role in the process before it comes to a National Referendum.
My favorite constitution story has to be that of the United States of America. More than 200years ago men of noble standing took it upon themselves to ink together the world’s first democratic constitution of its kind. These men were not necessarily ‘representative’ of the people for which the constitution they were formulating would benefit and nor were they necessarily ‘ideal’ candidates from a moral stand-point given the mass human rights offenses of that era that we are all very aware of. Yet these men were true to their task and inked together a constitution that embodied not only what the United States of America was at the time, but what it aspired to be throughout time. The vision and truth of these noble men is the essence of, if not a constitution in itself, then at least, the process that should inform its formation.
This then begs the question of what exactly is a constitution for. Based on the monumental example set out by the founding fathers of the United States of America, I am drawn to view a constitution as more than just the functional legal tool it has gained popularity for being. I believe the essence of a constitution is its ability to be the moral centerpiece for achieving and upholding the emotional aspirations of a people. Aspirations like unity, peace, tolerance and people centered development, which also characterized the fundamental building stones of ujamaa era Tanzania, essentially safeguard the long term sovereignty of the state and prosperity of its people by keeping the Nation in balance. No one person or institution should have the power to alter the fate of a people in isolation.
As such, a constitution differentiates itself from a policy document or a political manifesto or a religious doctrine or even a collection of laws (which is essentially what it is). A constitution does not speak in the moment, it speaks beyond the moment. It does not promise to deliver, it is the deliverance. It does not offer certainty in outcomes but it does offer clarity in how one can get to those outcomes. This is the constitution we desire to have; one that speaks volumes and not just through volume.
In 1985 when Nyerere left the office of President of the United Republic, Tanzania was in crisis. Sadly, this is the last memory most of us have of Ujamaa. After a costly war with Iddi Amin and the advent of the demise of the Soviet Union, Tanzania found itself in a disturbing place that left it without the option to continue with business as usual. Seeing the gravity of this, Nyerere opted to resign. Yet, the people of Tanzania longed for their President to continue. The people believed in Nyerere enough to push on with him through the toughest of times. The people believed that when Nyerere spoke of hard times, he was also suffering with them. Nyerere did not only speak a truth but he also lived out the truth he spoke through his actions.
If we want our people to believe and stand by this constitution in the long run, we need it to be true to their aspirations and the aspirations they have for this Nation. Discovery of this truth is the burden we bestowed onto the Constitution Commission and reaffirmation of this truth is the burden we bestow onto the Constitution Parliament before we take to a National Referendum. My concern is not on the composition of this select group (the Constitution Parliament) by way of social demographics but more so the composition of this group by way of emotional sincerity in the quest to achieve this noble cause.
My plea to those who will sit in the Constitution Parliament is that they see this task for what it is - a manifestation of our truth as a people. There is rarely reference to the composition and interests of those men that formed the constitution of the United States of America. I plea with them that they put aside their political interests, gender interests, academic interests, economic interests, ethnic interests, religious interests and be true to the interests of a United Republic of Tanzania that is set to be reborn with a vigor to strengthen our unity, reinforce our peace, nurture our tolerance for diversity and ensure the equitable distribution of the National cake so that we may all take pride in being Tanzanian!
All this said, apart from harnessing the aspirations of our people, a constitution gains legitimacy by being legally instituted. And for this reason alone, I put forward the following observations:
1) If we expect our people to respect this constitution, then we must respect the constitution that is currently in state until a time that it ceases to be. At present our constitution is that of the United Republic of Tanzania and recognizes the existence of two countries - Tanzania and Zanzibar. Tanzania Mainland, as a result, from a constitutional stand point, can only be a geographical block and not a political block as it lacks legitimate representation as such.
2) In a constitutional discussion pertaining to the formation of a federal government, we expect all the states/governments that will form part of the federation to be legally represented. The proposition of 3 governments (sighting sentiments/grievances of the interested parties) is well intending but if we assume that there are 2 states/governments that ‘will’ come together to form 1federation then one expects to see both of these states/governments represented in this discussion. Clearly, one can see a state called Zanzibar but to assume that Tanzania Mainland is the equivalence of what was Tanganyika is, to say the least, unconstitutional, as per our current constitution.
3) In this spirit, it can be argued that the formation of 3 governments has to be preceded by the formation of a government representing what was formerly known as Tanganyika (a political block representing the mainland) and the only way that we can even begin to envision that happening constitutionally is by Zanzibar pulling out of the United Republic of Tanzania and we take to renaming the same, Tanganyika (as Tanganyika currently does not exist).
