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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Rights-struggle and the Bill of Rights in Tanzania
Author:Shivji, Issa G.ISNI
Year:1987
Periodical:The Zimbabwe Law Review
Volume:5
Pages:128-141
Language:English
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
Subjects:human rights
Classes and Class Struggle
class struggle
Abstract:Tanzania's fifth constitutional amendment in 1984 included a Bill of Rights. At the same time, the Constitution (Consequential, Transitional and Temporary Provisions) Act, 1984, no. 16, s. 5(2), suspended the justiciability of the fundamental freedoms and rights for a period of three years. This was justified on the grounds that the government needed time to reform or abolish all laws inconsistent with the Bill of Rights. However, not much has been done during the 'transitional period' and the government clearly expects the judiciary to save the 'offending' legislation in the light of the omnibus limitation clause embodied in article 30. In fact, the problems underlying the Tanzanian Bill of Rights manifest certain political contradictions inherent in a neocolonial formation. The professed ideology of the State finds but a pale reflection in the unenforceable provisions of the constitution, while the basic tenet of the capitalist system, the 'right to private property', is prominent in the enforceable category of rights. The right to self-determination, particularly relevant in view of the Zanzibar issue, is not mentioned. The Bill of Rights in Tanzania falls far short of meeting the central demand for democracy. Rights struggle in Tanzania at present must involve a struggle for rights reconceptualized and distanced from imperialist 'human rights' ideology and spearheaded from below. Notes, ref.
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