From: Yona Maro

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Yona Fares Maro
Institut d’études de sécurité – SA

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(The Union is no longer valid. A complete merger should be in place. Zanzibar’s sovereignty is UNCONSTITUTIONAL!)

THIS will be – by far – the most polemic opinion article that I have ever written for my Truth Be Told column. It could get this newspaper barred from being published, but let’s take that risk, shall we? Unless freedom of opinion and freedom of the press are no longer God-given rights in Tanzania, therefore, anyone who speaks freely – without seeking permission to do so – risk certain jail terms and being barred from publishing their papers? We shall see!

When you speak, talk or write about the Union of Tanzania, which was forged in 1964 (if my memory serves me right) between Tanganyika and Zanzibar, you risk certain punitive measures. The Union has
become a central issue that has been highlighted in the current Constitutional Assembly, and, indeed, it has been a dividing issue. There are several camps of thought; there are those who want the Union gone completely that we have a severance – dissolution – whereby Tanganyika retains its former status and Zanzibar becomes a complete and independent nation, which, by the way, it ALMOST is! Zanzibar – save for this erratic and confusing union – can be defined as a sovereign state, as it already has its own flag (which incorporates the flag of the United Republic of Tanzania, reduced to abou 25% of the entire flag, or less), its own national anthem, its own FULL and autonomous Presidency – the President of Zanzibar under the Revolutionary Government of Zanzibar has full powers to administer the “country” as he sees fit, without seeking whatsoever permission from the President of the Republic of Tanzania.

I remember, a while back, Zanzibar made declarations that it wanted more autonomy, especially in terms of natural resouces. Zanzibar declared that the recent and abundant oil (and other fossil fuel) deposits found in Zanzibar, whereby there are five plots – of petroleum and natural gas – in the Indian Ocean, were purely Zanzibar property and where not to be considered Union property. This infuriated some bigwigs in the United Republic, who adamantly insisted that the oil deposits remain – as was prescribed – part and parcel of the United Republic.

Today, we have learned much about the Union; there is a second camp, in Zanzibar, which wants an arranged and contractual Union, whereby if eiher country – Zanzibar and Tanganyika – contravened the perninent articles of the Union Treaty, such action would constitute in the breach of law, which would make either country – after the severance due to breach of law/contract – a free and independent dominion; a state!

One thing that is clear is that, under the present arrangement, Zanzibar – as per the Union – is NOT a free state, because the Constitution of the United Republic of Tanzania states as following (right from the VERY BEGINNING):

CHAPTER ONE

THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE
AND THE POLICY OF SOCIALISM AND SELF-RELIANCE
PART I

THE UNITED REPUBLIC AND THE PEOPLE

1. Tanzania is one State and is a sovereign United Republic.

2. (1) The territory of the United Republic consists of the whole of the area of mainland Tanzania and the whole of the area of Tanzania Zanzibar, and includes the territorial waters.

(2) For the purpose of the efficient discharge of the functions of the Government of the United Republic or of the Revolutionary Government of Zanzibar, the President may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by Parliament, divide the United Republic into regions, districts and other areas:
Provided that the President shall first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.

3. (1) The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy.

(2) All matters pertaining to the registration and administration of political parties in the United Republic shall be governed by the provisions of this Constitution and of a law enacted by Parliament for that purpose.

4. (1) All state authority in the United Republic shall be exercised and controlled by two organs vested with executive powers, two organs vested with judicial powers and two organs vested with legislative and supervisory powers over the conduct of public affairs.

(2) The organs vested with executive powers shall be the Government of the United Republic and the Revolutionary Government of Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of the Revolutionary government of Zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the Parliament of the United Republic and the House of Representatives.

This is what the Constitution of the United Republic of Tanzania says – from the BEGINNING – and here is what the Constitution of Zanzibar (Revised Edition of 2006) says:

THE CONSTITUTION OF ZANZIBAR 1984

CHAPTER ONE
ZANZIBAR
PART I
Zanzibar

1. Zanzibar is an integral part of the United Republic of Tanzania.

2. (1) The area of Zanzibar consists of the whole area of the Islands of Unguja and Pemba and all small Islands surrounding them and mcludes the territorial waters that before the Union formed the then People’s Republic of Zanzibar.

(2) For the purpose of the efficient discharge of the function of the Government, the President of the United Republic in consultation with the President of Zanzibar, may divide Zanzibar into Regions, Districts and any other areas in accordance with procedures prescribed.

3. (1) There shall be a Seal of the Revolutionary Government of Zanzibar whose insignia shall be as laid down by law enacted by the House of Representatives.

(2) The Revolutionary Government of Zanzibar slall be empowered to prescribe anything whatsoever that shall serve to Identify the Government in accordance with the law as enacted by the House of Representatives.

4. This Constitution is the Constitution of Zanzibar and shall have the force of law throughout the Country save for provisions of Article 80 if any legislation is found to be in conflict with this Constitution this shall prevail and that law shall be null and void to that extent that conflicts with this Constitution.

NOW, I am not a Constitutional Affairs expert nor am I a legal expert, but using my simple-man’s deductive powers, I can attest to the fact that Zanzibar IS A SOVEREIGN STATE for this single reason, as following:
2. (1) The area of Zanzibar consists of the whole area of the Islands of Unguja and Pemba and all small Islands surrounding them and mcludes the territorial waters that before the Union formed the then People’s Republic of Zanzibar.

Simply put is that Zanzibar – through THIS constitution openly declares that its territorial coverage is t he whole of the Islands of Unguja and Pemba and all the small islands surrounding them and it also includes the territorial waters that before the Union formed the then People’s Republic of Zanzibar.

This is an open and blunt statement that BOLDLY DECLARES that Zanzibar is a sovereign state, because, as per the Articles of the Union, and the Constitution of the Union, “Tanzania is one State and is a sovereign United Republic”. There is no question of Zanzibar being “an integral part of the United Republic of Tanzania”. In ESSENCE, as per the Constitution of Zanzibar, the SHOULDN’T even BE a Revolutionary Government of Zanzibar, and this is where the problem started, a long time ago!

The Presidencies of the late Julius Kambarage Nyerere, Ali Hassan Mwinyi, Benjamin Mkapa and Jakaya Kikwete HAVE ALL IGNORED the fact the Constitution of the United Republic was breached a long time ago, simply by the mere fact that – legally – a Union means the “merger” of two separate entities into ONE!

The Constitution of Tanzania declares that Tanzania is a sovereign United Republic – a one State entity – which wad formed by the union between Tanganyika and Zanzibar, therefore:

2. (1) The territory of the United Republic consists of the whole of the area of mainland Tanzania and the whole of the area of Tanzania Zanzibar, and includes the territorial waters.

However, there IS a contradiction in terms, which is:

(2) For the purpose of the efficient discharge of the functions of the Government of the United Republic or of the Revolutionary Government of Zanzibar, the President may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by Parliament, divide the United Republic into regions, districts and other areas:
Provided that the President shall first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.

Now someone tells me, IF at all we are talking – really – about a ONE STATE entity, why the heck would the President of the United Republic ever need to “first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas”? I am sorry, but THIS DOES NOT COMPUTE! It doesnt make any sense, AT ALL!

I guess this is the BIGGEST LIE ever told to us all – both Tanganyikans and Zanzibaris – because, simply put, a Union, even by the simplest of definitions, means “the action of joining together or the fact of being joined together, especially in a political context.” or “the act of uniting two or more things”. So, this really WAS A LIE, to tell us that Zanzibar and Tanganyika were ONE STATE under the United Republic of Tanzania, only to have each one have its own independent Government AND a Presidency? WHAT A CROCK!

Simply put, the Union DIED the very minute the Articles of the Union were signed and put into motion, because, IF AT ALL – and I am sorry for over-emphasizing this – the Union was a reality, there would be only ONE government. What are we going to do about this – “we” meaning YOU and I? – is simply a matter of reflecting; we need to sit down and plan a course of act and ask, “If we have been lied to about the Union for 48 years, what else have we been lied to that we don’t yet know?” THEN and ONLY THEN will it all begin to sink in, and we shall – with great resolve and perseverance – overcome all obstacles that stand in the way of our becoming a truly independent ONE state!

AND THAT IS THE TRUTH THAT MUST BE TOLD! AMEN!

P.S. I am just a messenger. don’t shoot the messenger. Shoot the person who sent the messenger if you don’t like the message.

By @Paul Francis
Twitter: @PaulFrancisTZ, a.k.a. Citizen Paul
Email: paulfrancis.mongi@gmail.com
Text/Voice: +255-772-949577 and +255-762-949577