A big lie about our union
President Jakaya Kikwete greets other union leaders at the National Stadium on December 9, 2010 when Mainland Tanzania marked 49 years of Independence. Picture: Courtesy of Full Shnagwe blog.
Mobhare Matinyi, Washington DC The Citizen, Tanzania Thursday, 27 September 2012 As Judge Joseph Warioba's Constitutional Review Commission continues gathering people's views on the new constitution of the United Republic of Tanzania, some anti-unionists have found a forum to air their outright lie regarding the meaning and the future of our 48-year union. The newly circulated argument that ours is a constitutional union and that some Zanzibaris want a union under a treaty is one of the biggest lies ever told by a Tanzanian to fellow Tanzanians. Sensibly, whether looking from a legal or political perspective, there is neither a constitutional union nor a union under a treaty. In international law, a treaty, agreement, protocol, or a convention is what makes a union while a constitution is simply the highest law of the land. What is a constitution? It is the most fundamental law that guides a community, which in our case is the United Republic of Tanzania. Pragmatically, a constitution is consent between rulers and the ruled on how a country should be run, which means a nation-state precedes its constitution. But what is a union? How many types of unions do we have in the world? A union is a complete unification of two or more sovereign states to form a single sovereign state, which entails the cessation of the former sovereignties although their executives, legislatures and judiciaries may continue to function under the newly formed sovereign state. Tanzania is neither a unitary state nor a federation because our founding fathers, for what appeared to be good reasons back then, chose to have a two-government system with the union government managing the Mainland, and not vice versa, a reason why currently Zanzibaris work in the government that rules Mainland Tanzania in all levels from vice president to police constables. Candidly, Zanzibar, which enjoys enormous autonomy, is the main beneficiary of the union in every aspect despite a few problems. The Tanzanian system is not unique as some misinformed people claim. The United Kingdom is a union of four countries with four governments since the union government rules England while Scotland, Wales and Northern Ireland have their own. An argument that the European Union is an example of this strange thing is a big laugh. The EU has no single sovereignty, was formed by the Maastricht Treaty in 1993, and has its constitution. Likewise, the Sirte Declaration of 1999 created the African Union with its Constitutive Act. Both, the EU and the AU have treaties and constitutions. So, are we going to have a bogus union as demanded by the secessionists inside another imaginary African union? What about the dream of the East African Federation? What anti-unionists in Zanzibar want is simply the break-up of the union but keep some parasitic relationship with Mainland Tanzania for the survival of Zanzibar. Our comrades want to eat their cake and have it, that is, the marriage is bad but the romantic relationship for the survival of the weaker side is acceptable! Yes, we have the right to discuss the future of our Union, but deceptive rhetoric won't help. The truth is sacred, and honestly, that type of a union does not exist. |
SOURCE: http://www.thecitizen.co.tz/editorial-analysis/47-columnists/26086-a-big-lie-about-our-union
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