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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The practice on the right to freedom of political participation in Tanzania
Author:Wambali, MichaelISNI
Year:2009
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Volume:9
Issue:1
Pages:203-223
Language:English
Geographic term:Tanzania
Subjects:constitutional reform
political participation
civil and political rights
election management bodies
Abstract:The 'Mageuzi' reforms in 1992 replaced Tanzania's dogma of one-party rule with a potentially plural multiparty political practice. This paper reviews the impact of the reforms on Tanzania's constitutional and sociopolitical scene, specifically upon the right to freedom of political participation. Using a historical perspective, the article traces the origins of the present failures and successes in this regard in order to test whether the law meets the requirements of constitutionalism and international standards. It debates the issue as to whether in practice the one-party political system allowed free and unimpeded participation in public decisionmaking. It argues that the post-1992 reforms have not put an end to this legacy. It asks the question as to whether the National Electoral Commission is really independent and free of influence and dictation by the government. The amendments of the relevant constitutional provisions and other laws have added to the establishment of the Commission's de jure independence. Nothing has been done by the government to date, following a report of the Presidential Committee on the Constitution (Kisanga Committee) of 1999, to make the Commission de facto independent, even to a limited extent. Similar questions have been asked relating to other elements of political participation, such as the right to effective participation and the need to hold a constitutional conference leading to a new Constitution and allowing independent candidates in all elections in Tanzania. In this regard the government has not done enough, despite consistent pressure and campaigns from political parties and other civil society institutions. Lastly, the prospects for genuine political reforms are debated, acknowledging only limited success. Notes, ref., sum. [Journal abstract]
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