Eleanor Finch
Tanzania has had four constitutions since gaining independence from the United Kingdom in 1961. The current constitution, ratified in 1977, has been revised and amended multiple times, most recently in 2005. Despite these changes, there are calls for a new constitution that reflects the will of the people and enables political competition. The current government has been criticised for its lack of accountability, restrictions on freedom of assembly, and failure to uphold democratic principles. To ensure free and fair elections, civil society organisations are pressuring the government to engage with the opposition and implement structural and legal reforms.
| Characteristics | Values |
|---|---|
| Current constitution | Permanent Constitution, 1977 |
| Previous constitutions | Independence Constitution, 1961; Republican Constitution, 1962; Interim Constitution, 1964 |
| Need for a new constitution | To reflect the will of the people, allowing for political competition and more female decision-makers |
| Previous constitutional reforms | 8th Amendment, 1992; 9th Amendment, reorganised presidential elections; 11th Amendment, established the President of Zanzibar and Union vice president as independent roles |
| Current issues | Restrictions on freedom of peaceful assembly; government repression of opposition parties; lack of accountability |
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What You'll Learn
Restrictions on freedom of peaceful assembly
The current constitution of Tanzania, adopted in 1977, has undergone several amendments over the years. However, calls for a new constitution have been growing due to concerns over
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Lack of political competition
Tanzania has had four constitutions since gaining independence from the United Kingdom in 1961. The current constitution, ratified in 1977, is seen by many as undemocratic and a threat to any open dissent.
The Permanent Constitution of 1977 confirmed the main principles of the previous constitutions: a strong presidency, a dual government structure, and a one-party state. This has led to a lack of political competition, with the same group of people retaining most key positions. The ruling party, Chama Cha Mapinduzi (CCM), has been accused of rigging elections, and the government has been criticised for its violent post-election repression.
The Nyalali Commission, appointed in 1991 to collect views on the preferred political system of Tanzanians, called for a repeal of the 1977 Constitution, finding it to be undemocratic and contrary to established human rights. Despite this, the CCM ignored calls for constitutional reform and, in 2014, ditched the 'Warioba draft'—a proposed constitution published in 2013.
The current constitution does not allow for political competition, as evidenced by the harsh restrictions on the freedom of peaceful assembly. Internal political party meetings have been banned and disrupted by riot police, and those who defy these bans have been illegally detained. The chairman of the main opposition party, CHADEMA, was recently abducted by masked security forces and charged with terrorism.
To enable political competition and allow for more diverse decision-makers, Tanzania needs a new constitution that reflects the will of the people. This should include high-level pressure on the government to engage with the opposition and civil society representatives to usher in constitutional reforms before the next elections.
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Lack of female representation
Tanzania has had four constitutions to date: the Independence Constitution (1961), the Republican Constitution (1962), the Interim Constitution of the United Republic of Tanganyika and Zanzibar (1964), and the Permanent Constitution (1977), revised in 2005.
The Permanent Constitution was approved one month after the merger of TANU and ASP into the Chama Cha Mapinduzi (CCM) party. This constitution confirmed the main principles of the previous constitutions, including a strong presidency, dual government structure, and one-party state.
Despite amendments to the Permanent Constitution, such as the 1984 inclusion of a bill of rights and the 1992 establishment that a member of any registered political party could run for any political seat, calls for a new constitution have persisted.
One reason for this is the lack of female representation in Tanzania's government. The country's constitution and legal framework require reform to enable political competition and allow access for more female decision-makers who are not dependent on the patronage of the male-dominated leadership of the CCM. President Suluhu has been ignoring calls for constitutional reform.
The Nyalali Commission, appointed in 1991 to collect views on the preferred political system of Tanzanians, recommended repealing the 1977 Constitution and forty additional laws deemed undemocratic and contrary to established human rights. Despite the majority (77.2%) of those interviewed preferring to continue with the current system, the requested changes could only be accommodated under a multiparty system. As a result, in 1992, Tanzania passed the Political Parties Act, allowing for a multiparty system. However, this did not eliminate calls for a new constitution.
To ensure free and fair elections, intense pressure must be placed on the Tanzanian government to engage with the opposition and credible civil society representatives and citizen groups.
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Government repression of civil society organisations
Tanzania has had four constitutions since gaining independence from the United Kingdom in 1961. The current constitution, also known as the Permanent Constitution, was ratified in 1977. While there have been several amendments over the years, calls for a new constitution persist due to concerns about government repression of civil society organisations (CSOs) and the need for more democratic representation.
The current constitution has been criticised for its strong presidency, dual government structure, and one-party state model, which limits political opposition and diversity. The government has been accused of suppressing civil society organisations (CSOs) and maintaining a legal framework that threatens open dissent. For example, a new by-law requires CSOs to submit a memorandum of understanding to the NGO Registrar before issuing joint statements, restricting their ability to collaborate and express themselves freely.
The CIVICUS Monitor, a global alliance championing civil society impact, has rated civic space in Tanzania as "repressed". This indicates a concerning lack of freedom for civil society organisations to operate without governmental interference. The government's response to Tanzania's Universal Periodic Review examination at the United Nations Human Rights Council has been criticised as inadequate, suggesting a lack of commitment to upholding human rights and improving civil society conditions.
To address these issues, civil society advocates are calling for intense pressure on the Tanzanian government to engage with opposition and civil society representatives in constitutional reforms. The goal is to lay the groundwork for free and fair elections by 2025 and prevent the country from veering onto a dangerous path. They emphasise the need for structural and legal framework reforms, including improved accountability, police and prison reforms, and new appointments in the judiciary and other key positions.
Additionally, advocates suggest that funding projects should support social movements and diverse coalitions of citizens rather than solely relying on civil society actors with a top-down approach. By empowering a broader range of civic voices, Tanzania can work towards building a stronger, more inclusive society that serves the greater good and promotes sustainable, people-centred development.
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Need for free and fair elections
Tanzania has had four constitutions since gaining independence from the United Kingdom: the Independence Constitution (1961), the Republican Constitution (1962), the Interim Constitution of the United Republic of Tanganyika and Zanzibar (1964), and the Permanent Constitution (1977), revised in 2005. The Permanent Constitution was ratified in 1977 following the merger of TANU and ASP into the Chama Cha Mapinduzi (CCM) party.
Calls for a new constitution in Tanzania have been made due to concerns about the need for free and fair elections. The current constitution, despite revisions, is seen as undemocratic and a barrier to political competition. The government, led by the CCM, came to power through a rigged election, and there are concerns that without a new constitution, the next elections may put Tanzania on a dangerous path.
The Nyalali Commission, appointed in 1991 to collect views on the preferred political system of Tanzanians, recommended repealing the 1977 Constitution, finding it undemocratic and contrary to established human rights. Despite this, the ruling party only floated a White Paper on constitutional change in 1998, and President Suluhu has been ignoring calls for constitutional reform.
To ensure free and fair elections, intense pressure must be placed on the government to engage with the opposition and civil society representatives in implementing constitutional reforms by 2025. Global civil society must hold Tanzania accountable, emphasizing the need for fundamental structural and legal framework reforms. Funding should be directed towards social movements and citizen groups rather than civil society actors embracing a top-down approach.
The Warioba draft, published in 2013, could be a good starting point for reform, as it would enable political competition and allow access for more female decision-makers, independent of the male-dominated CCM leadership. Additionally, the restrictions on the freedom of peaceful assembly must be lifted, as internal political party meetings have been banned and disrupted by police, with participants illegally detained.
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Frequently asked questions
Tanzania needs a new constitution to reflect the will of the people and enable political competition.
Tanzania needs to implement constitutional and legal reforms to enable political competition and allow access for more female decision-makers who are not dependent on the patronage of the male-dominated CCM leadership.
The Warioba draft is a proposed new constitution for Tanzania, named after retired judge Joseph Warioba, the chairperson of the Constitutional Review Commission. The Warioba draft was published in 2013 but was ditched by the CCM in October 2014.
The Permanent Constitution, also known as the Constitution of the United Republic of Tanzania, was ratified in 1977. It confirmed the main principles of the previous constitutions, including a strong presidency, dual government structure, and one-party state.
The Interim Constitution was passed in 1964 and recognised all the changes brought by the Union and proposals made by a One Party Commission. It established a two-tier government consisting of a national government and the semi-autonomous government of Zanzibar.
