Reach consensus, do not vote’

Tanzanians have been involved in writing of the new Constitution they believe should guide them for a long time. PHOTO |FILE 

By Mwassa Jingi,The citizen

In Summary

The philosophy used by the CRC should be maintained even during the Constituent Assembly.

Dar es Salaam. The year 2014 has special significance in the sense that after 53 years of independence at last Tanzanians are anticipating to make a new Constitution, which is people-centred.

This important process of constitution making has already peacefully passed several stages, but the remaining two stages are even crucial.

The most crucial and delicate stage is that of the Constituent Assembly, which will begin early next month. Tanzanians have every good reason to thank the Constitutional Review Commission (CRC) for its excellent work of completing the task of collecting, analysing, supervising the constitutional fora and then publishing the final Draft Constitution, which is an essential guide for members of the Constituent Assembly during their deliberations and then the enactment of the proposed Constitution ready for a referendum later this year.

Constitution making is a complex and delicate exercise that needs to be led by a spirit of wisdom and understanding, and finally everything pertaining to constitution making should be decided by reaching a consensus rather than voting. Members of the Constituent Assembly should emulate the kind of spirit that the CRC had during their working period.

According to the CRC chairman, Judge Joseph Warioba, CRC members never voted for or against any item gathered from Tanzanians across the country.

They rather reached a consensus on everything. When we talk of consensus, we simply mean that members will respect one another and decide on each issue or even agree on crucial issue without voting.

 

Consensus is only possible through careful listening to the arguments that reflect national interests for the betterment of many generations to come rather than leaning on political interests of each group. According Judge Warioba, they managed to reach consensus because they purposely agreed to put aside their differences based on political or any social ground, and instead listen to the people’s views on national issues only.

The philosophy used by the CRC should be maintained even during the Constituent Assembly. Although members of the Constituent Assembly are outnumbering those of the CRC, still if all members put national interest first, then a consensus can be reached by all 640 members of the Constituent Assembly.

A consensual approach is the only procedure acceptable when people are dealing with delicate issues like this of constitution making. One of the crucial issues that will possibly dominate debate in the Constituent Assembly is that of the Union structure.

The CRC has proposed a three-tier government system not because each member of the CRC was initially interested in that system.

They reached a consensus of such a Union structure after listening to well reasoned arguments from ordinary Tanzanians and also referring to published reports made by different presidential commissions formed in the past.

Had the CRC members used a different approach than this of a consensus, probably we could not get both first and second Draft Constitutions. Currently, there is a feeling among Tanzanians that political differences will prevail during debate in the Constituent Assembly. There is also a rumour that the ruling party had already taken its own stand, that they will oppose the proposed three-tier government system simply because it is not their policy. If such a rumour is going to be truly revealed in the Constituent Assembly, then that will be a very wrong and unacceptable approach in dealing with important issues like this of constitution making.