HISTORY AND BACKGROUND

On the 11^th March 2011 a Bill for The Constitutional Review Act, 2011 was enacted. In September 2011 this Bill was finally debated and passed as law and towards the end of last year, His Excellence Jakaya Kikwete President of the United Republic of Tanzania accented as a fully fledged law. The Act should provide for the co-ordination and collection of public opinions on the constitution; to establish an institutional framework for the co-ordination and collection of public opinions; to provide for national fora for constitutional review for validation of legislative proposals for a constitution; to provide for preparation and submission of the report on the public opinions to the relevant constitutional organs, the procedure to constitute the constituent Assembly, the conduct of referendum and to provide for related matters.

This is the latest constitutional reform, aimed at involving the people of Tanzania in the constitution making process. The Act intends to realize both constitution making and constitutionalism in Tanzania. It has been acknowledged that in the past Tanzania has engaged in “constitution making without constitutionalism”. Tanzania’s legacy of colonial rule, followed by a single party regime and ujamaa ideology has excluded citizens from constitutional debates and worked against constitutionalism by engaging in top down methods of constitution making. The 90’s, however, brought progress through the introduction of multi party politics in 1992. Public opinion was collected as to whether single party politics should remain or be replaced by a multi party system. The 90’s also saw the emergence of several civil society organizations which provide the public with an avenue of participation in policy making. The Constitutional Review Act of 2011 is the countries’ current attempt to develop their constitution through what we might call true constitutionalism.

The achievement of this goal will be reflected in a People’s Constitution. In order to develop a People’s Constitution in Tanzania we must develop a People Centered Constitutional Making Process in Tanzania. 

TYC want to ensure that young people are actively involved in that process so that Tanzania's young people are part of creating constitutionalism in Tanzania.