Contesting Constitutional Multi-Culturalism in Tanzania: The Trials of Christopher Mtikila
Issue:
Volume 3, Issue 2, June 2020
Pages:
26-35
Received:
24 March 2020
Accepted:
27 April 2020
Published:
28 May 2020
Abstract: Conflicts over the permissible limits on speech that weaponizes racial, religious, and ethnic identities are a global phenomenon. Tanzania’s constitutional and legal debates over this matter are a microcosm of a global dialogue. Since the early years of independence, Tanzania has imposed constitutional and legal restrictions on speech that speech that espouses ethnic, religious, or racial divisions. These restrictions are the surviving portion of founder-President Julius Nyerere’s multi-faceted effort to construct a multi-cultural political environment. Tanzania’s early leaders were deeply aware that ethnic rivalries had come to cominate the political life of other countries in their region. They were determined that Tanzania should become and remain the non-Sudan, non-Rwanda, and non-Kenya of Eastern Arica. They did so by introducing constitutional and restrictions on ethnic political appears into the country’s constitution and electoral laws. Since independence, each iteration of the Tanzanian Constitution has forbidden the registration of political parties that base their electoral appeal on these forms of speech. Tanzania has also embedded these limitations in its electoral laws, which limit candidacy for electoral office, at both national and local levels, to candidates nominated by registered parties. These limitations have given rise to more than twenty years of constitutional litigation. This article presents a study of the key constitutional cases. The methodology of this article is a close examination of a series of trials in which Tanzania’s constitution and electoral laws have been subjected to litigation. Four trials are of utmost significance: two, before the Tanzanian High Court; one, before the Tanzania Court of Appeal, and one before the African Court of Human and People’s Rights. Despite adverse court rulings, Tanzania’s political leaders appear determined to retain the restrictive portions of their constitution and electoral system; these remain in place to the present time.
Abstract: Conflicts over the permissible limits on speech that weaponizes racial, religious, and ethnic identities are a global phenomenon. Tanzania’s constitutional and legal debates over this matter are a microcosm of a global dialogue. Since the early years of independence, Tanzania has imposed constitutional and legal restrictions on speech that speech t...
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Indigenous Administration and Dispute Resolution System of the “Abo Gereb” and Its Essence of Democracy from the Modern Philosophical Perception
Issue:
Volume 3, Issue 2, June 2020
Pages:
36-43
Received:
28 May 2020
Accepted:
15 June 2020
Published:
4 July 2020
Abstract: This paper was targeted to emphasize and promote the traditional political and social perspectives of the abo-gereb. Abo-gereb is an indigenous administrative system and conflict resolution mechanism in Enderta, Wejereat Raya and the low land (Afar). The paper aimed to discuss the central activities and core problems of the abo-gereb, the role of the paper was to scrutinize the role of the traditional democratic system of, “Abo-gereb” to the current politics of Tigray and Ethiopia and attempts to identify the factors that weakens the indigenous traditional democratic system of the Enderta province “Abo-gereb” and put direction about its revival. In the end, the paper emphasizes the entity of the traditional administration of Abo-gereb and its articulation with the modern political thought of Hobbes and Locke. This paper also investigates the political failure of the administrative system of the Abo gereb; the peasants or Abo gerebs didn’t have scientific program that enable them successful in defeating the colonial and imperial government. Finally, it exemplifies the political system of abo-gereb deserve the entity of traditional democracy and the role of this traditional administrative system to the contemporary democracy of the politics of Tigray, and Ethiopia and it explores several mechanisms to salvage the system of Abo gereb.
Abstract: This paper was targeted to emphasize and promote the traditional political and social perspectives of the abo-gereb. Abo-gereb is an indigenous administrative system and conflict resolution mechanism in Enderta, Wejereat Raya and the low land (Afar). The paper aimed to discuss the central activities and core problems of the abo-gereb, the role of t...
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