TAMKO LA KITUO CHA SHERIA NA HAKI ZA BINADAMU KUHUSU WAJUMBE WA TUME YA KUKUSANYA MAONI YA KATIBA MPYA

Ndugu wanahabari na wananchi kwa ujumla,

Kituo cha Sheria na Haki za Binadamu tumefuatilia kwa makini sana mchakato wa Katiba mpya kuanzia ulipoanza mpaka hapa ulipofikia.

Sote tunafahamu kwamba hatua iliyofikiwa kwa sasa ni kuteuliwa na kuapishwa kwa wajumbe wa tume ya kukusanya maoni juu ya mchakato mzima wa Katiba mpya na namna ambavyo wananchi wangependa iwe.

Tunependa kupompongeza sana Mheshimiwa Rais na Serikali kupitia wizara ya Katiba na Sheria kwa hatua iliyofikiwa mpaka sasa kwenye mchakato mzima.

Tunatoa pongezi kwa uteuzi wajumbe wengi waliobobea katika fani mbalimbali za Sheria, Siasa na Masuala ya kijamii. Tumefurahi kuona kuwa Mheshimiwa Rais amemteua kuwa mwenyekiti wa Tume Jaji Joseph Sinde Warioba ambae tulishaona kazi yake nzuri hususan pale alipoongoza vizuri tume ya Rais iliyohusu masuala ya Rushwa. Tuna imani kuwa ataongoza tume hii kufanya kazi nzuri.

Wajumbe wa Tume hii ni 32 (akiwemo mwenyekiti na makamu) waliapishwa tarehe 13/04/2012.

Wajumbe hao ni kama ifuatavyo;

Mwenyekiti wa Tume ambaye ni Jaji Sinde Warioba na Makamu Mwenyekiti Jaji Mkuu Mstaafu Agustino Ramadhani.Wajumbe wa tume toka Tanzania Bara ni Prof. Mwesiga L. Baregu, Nd. Riziki Shahari Mngwali, Dr. Edmund Adrian Sengodo Mvungi, Nd. Richard Shadrack Lyimo, Nd. John J. Nkolo, Alhaj Said El- Maamry, Nd. Jesca Sydney Mkuchu, Prof. Palamagamba J. Kabudi, Nd. Humphrey Polepole, Nd. Yahya Msulwa, Nd. Esther P. Mkwizu, Nd. Maria Malingumu Kashonda, Mhe. Al-Shaymaa J. Kwegyir (Mb), Nd. Mwantumu Jasmine Malale Na Nd. Joseph Butiku. 2

Wajumbe wengine 15 ni kutoka Tanzania Zanzibar. Wajumbe hao ni Dkt. Salim Ahmed Salim, Nd. Fatma Said Ali, Nd. Omar Sheha Mussa, Mhe. Raya Suleiman Hamad, Nd. Awadh Ali Said, Nd. Ussi Khamis Haji, Nd. Salma Maoulidi, Nd. Nassor Khamis Mohammed, Nd. Simai Mohamed Said, Nd. Muhammed Yussuf Mshamba, Nd. Kibibi Mwinyi Hassan, Nd. Suleiman Omar Ali, Nd. Salama Kombo Ahmed, Nd. Abubakar Mohammed Ali na Nd. Ally Abdullah Ally Saleh.

Mapungufu tunayoyaona;

Kituo cha Sheria na Haki za Binadamu tunaona mapungufu makubwa mawili kwa tume hii

i) Kuwemo kwa mbunge na mjumbe wa baraza la wawakilishi

ii) Uwakilishi finyu wa kijinsia na makundi mengine mfano vijana

Wawakilishi kuwa wajumbe

Kituo hakikubaliani kabisa na uteuzi wa wakilishi wa wananchi (Mbunge na Mjumbe wa Baraza la wawakilishi). Wajumbe hawa ni Mhe. Al-Shaymaa J. Kwegyir (Mb) Tanzania Bara na Raya Suleiman Hamada mwakilishi Baraza la Wawakilishi Zanzibar.

Sababu kubwa za kutokukubaliana na uteuzi wa wajumbe hawa ni kuwa kwanza, hawa watashiriki kama wajumbe wa Bunge Maalumu la Katiba (constituent assembly) kwa hiyo kuna ‘mgongano ulio dhahiri wa kimaslahi’. (kwa mujibu wa vifungu cha 6 na 22 (1) (a) na (b) vya sheria Namba 8 ya Mabadiliko ya Katiba, 2011)

Pili wananchi wanaowawakilisha watanyimwa haki yao ya kuwakilishwa kwa kipindi chote cha miezi 18 mpaka ishirini ambacho tume itafanya kazi kwa mujibu wa sheria.

Tatu, kuna majina mengi ambayo mheshimiwa Rais alipelekewa yenye sifa za kutosha angeweza kuwateua. Kulimbikiza kazi nyingi kwa watu wale wale si afya kwa demokrasia.

Uwakilishi finyu wa kijinsia na makundi mengine

Katika tume hii tumeona kuna uwakilishi finyu sana wa makundi kwa mfano wanawake wako 10 kati ya 32, yaani sawa na asilimia 27% tu! Tungetegemea asilimia 50% kwa 50% kwani Tanzania imesaini na kuridhia mkataba wa nyongeza wa maendeleo ya kijinsia kusini mwa Afrika yaani SADC Gender Protocol. Pia 3

Tanzania ina asilimia ya 51 ya idadi ya wanawake ambao miongoni mwao wengi wana utaalamu na sifa za kuteuliwa kuwa wajumbe wa Tume.

WITO

I) Tunapenda kutoa wito kwa serikali kuwa mchakato wa Katiba ni wa muhimu sana hautakiwi kuchukuliwa kwa wepesi. Mchakato huu unajenga mustakabali wa Taifa letu kwa miaka mingi ijayo. Hivyo katika maamuzi yote yanayochukuliwa, kuwe na jicho la HAKI ZA BINADAMU na utawala wa sheria.

II) Pia tunapenda kutoa wito kwa WANANCHI wote wa Tanzania, mijini na vijijini, wakulima, wafanyakazi na wafanyabiashara, TUSHIRIKI kwenye mchakato huu. Tunawasihi kuwa Tume ya Katiba itakapokuja kwenye maeneo yetu tuhudhurie mikutano yote na kutoa maoni yetu juu ya Katiba Mpya.

Wananchi katika makundi au mtu mmojamoja anaweza kupeleka maoni ya maandishi kwenye tume mara anuani itakapojulishwa kwa wananchi.

III) Mwisho tunatoa wito kwa tume kuhakikisha watu wote wanatoa maoni yao bila ubaguzi. Makundi yote ya jamii yafikiwe (Wanawake, wanaume, watu wenye ulemavu na watoto wenye umri wa kutoa maoni).

Asanteni kwa kunisikiliza,

Dr. Helen Kijo-Bisimba

Addicted to Aid

Many people view aid as necessary for developing countries, however critically looking at the impact of aid, one will see that as more aid come, the more people get impoverished.

The main explaination for this can be the fact that, governments are made to relax over their role to collect tax effectively and provide necessary social services.

Ghana To Review its Mining Agreements-Is Tanzania Grasping the Lesson?

The mining sector has been an important part of our
economy,with gold accounting for over 90% of the sector’soutput. Ghana is a
significant gold producer inAfrica and indeed in the world. Ghana is
rankedsecond after South Africa as the leading goldproducer in Africa, and 9th
largest producer inthe world.

Over the past decade, the priceof gold has increased
significantly, reaching anall- time high of USD1,895 an ounce in Septemberlast
year. Given that the country’s mining sectorconsists mostly of gold mines, one
would haveexpected a higher fiscal take by the Government.Unfortunately, the
phenomenal increase in goldprice has not sufficiently benefitted the peopleof
Ghana. Indeed, many ordinary Ghanaians, miningworkers, mining experts,
politicians, mediacommentators, researchers, local and foreigninstitutions,
etc., are all expressing concernsand reservations about the social and
economicbenefits that the formal mining sector provides tothe country and
people of Ghana.

Although the Government has a 10%free carried interest
equity in the miningoperations, the return depends on dividenddistribution
which until now has brought in verylittle revenue as many of the mining
companieshave not declared much by way of dividends. It isalso alleged that
there are significant taxleakages in the mining sector due to such factorsas
transfer pricing related to operating costs andthe financing structure used by
some miningcompanies.

In responding to the benefitchallenge, Government made some
changes to themining taxes and capital allowance granted tomining companies in
the 2012 Budget Statement.Government increased the corporate tax rate formining
companies from 25% to 35%; introduced awindfall profit tax of 10%; and
established auniform regime for capital allowance of 20% forfive years for
mining, as is the case in the oiland gas sector.

In addition, Government took adecision to ring fence mining
concessions andprojects which will prevent cost in one concessionarea to be
offset against revenues from anotherconcession area belonging to the same
company indetermining the chargeable income for taxpurposes. This decision, we
believe, will preventmining companies undertaking a series of projectsfrom
deducting costs for new projects againstprofitable ventures yielding taxable
income.

Government has also taken a boldstep to critically review
the mining sector’sfiscal regime and existing mining agreements, withthe view
to ensuring that the country obtains itsfair share of the gains from the mining
sector.The ultimate objective of this exercise is toensure that the benefits
from mining operations tothe country are maximized, sustained, anddistributed
equitably to the people of Ghana.

The key tasks of theRe-Negotiation Team are three-fold. The
first taskis to review and re-negotiate any part of aStability Agreement that
has been signed betweenthe Republic of Ghana and any mining company thatis not
in the best interest of the country. Thiswill include, among others, the fiscal
regime andthe Government’s carried and participatinginterests. In doing so, the
Committee should takecognisance of the recent developments in both thelocal and
international environment within whichmining companies operate, international
bestpractices, mineral laws of the country, and ournational Constitution.

The second task is to prepare aframework or procedures and
conditions that willgovern the granting of Stability Agreement in themining
sector in a manner that maximizes the flowof economic and social value to the
country on asustainable basis.

The third task is to redesign anyexisting mining agreement
and/or draft newagreement, where necessary, to ensure that itsignificantly
supports Ghana’s economic growth anddevelopment, in terms of providing
betterfinancial returns, more social investment,critical infrastructure and
greater transparencyin the mining operations.

The issue with the miningoperations is about fair and
transparent sharingof the benefits and windfall gains from theexploitation of
the country’s precious andirreplaceable natural resources. Government isalso
committed to ensuring that mining operationsin the country expand and become
more profitableso that investors can receive handsome returns fortheir
investment. It is the desire of theGovernment to see that a level-playing field
isestablished for the industry players. WhatGovernment is looking for therefore
is a win-winsituation in which both the mining companies andthe people of Ghana
will equally benefit. Theimportance of the Government strategy is todevelop an
economy that works for everyone.

By Hon. Dr Kwabena Duffuor,
Minister of Finance and Economic Planning,Ghana.

Firefighters vs Cops: Striking fire officers soak PM office in Brussels

Activists Walk out to press government to heed to Doctors' demand

Wanaharakati wakiwa wamefunga Barabara ya Ali Hassan Mwinyi eneo la kituo cha Polisi cha Salander Bridge bila woga wa Polisi.

Kikubwa wanashinikiza serikali kumaliza mgogoro wake na madaktari nchini kote kwa kutekeleza madai yao kwani ni ya msingi.

Ni wakati serikali na asasi zingine ziache kuwaambia madaktari tu watumie busara kwani wanadai haki yao ambayo serikali inaweza kutekeleza ikidhamiria.

China's GIft to Africa: Exit Ghadaffi, comes China in AU Financing

On the 28th of January, 2012 African countries will collectively descend to a new low on the global index of state sovereignty, territorial integrity and actual independence of nations. On that day, Chinese President Hu Jintao will be in Addis Ababa, Ethiopia to commission the new $124 Million African Union Headquarters built and donated to the continent by China. Termed “China’s gift to Africa”, the edifice was constructed by the China State Construction Engineering Corporation with over 90% Chinese labor.

According to Zeng Huacheng, a special councilor to the AU headquarters project from China’s Ministry of Commerce, “The panoramic view of the conference center is like two hands holding each other, signifying the strenghtening friendship between China and Africa.”

It is to the discredit of the African Union and therefore, every individual and country within that regional body that in 2012, a building as symbolic as the African Union Headquarters is designed, built and maintained by a foreign country, it does not matter which country.
The ancient and modern history of donation of buildings and structures from one nation to another is filled with intrigues and subterfuges, conquests, diplomatic schemings, espionage and counter espionage, economic manipulations, political statements and dominations. The construction of the Trojan horse by Odysseus and its ‘donation’ resulted in the Greek conquest of the ancient city of Troy after 10 years of unending skirmish.

In building the Basilica in Rome – termed the “greatest of all churches of Christendom,” contributions from faithfuls were emphasized rather than donations from friendly nations. Even the gift of the Liberty Statue from France to the United States on occasion of the latter’s independence was a joint effort, whereby over 120,000 Americans led by Joseph Pulitzer contributed funds for the construction of the pedestal in 1885.

In rare glimpse into the matter, the book Architecture of Diplomacy, Jane C. Loeffler reveals the underlying diplomatic maneuverings and political ramifications that defines the construction of American embassies all over the world . The author states that building an embassy requires “as much diplomacy as design.” Loeffler enumerates factors seriously considered in the construction of an American embassy building and they include “World politics, American agendas, Architectural politics, cultural considerations, security” and several others.
Common sense dictates that in an era of increasing exploitation of Africa’s natural resources by foreign powers including China, that the African Union, rather than the apparent submission signified by acceptance of the construction of its headquarters by China, will be an organization advocating for fairness in the relationship that exists between the continent and the global powers.

Should security considerations be included, then the question arises as to how African heads of state and government could hold confidential meetings in a building they have no idea how it was wired. What guarantee do African governments have that every word uttered in the new headquarters in Addis Ababa is not heard in Beijing? What evidence negates the suspicion that all activities in the just completed building are not replayed on a large screen in Beijing as Chinese secret service agents watch?

Culturally, indigenous Bantu culture abhors dependence on others for sustenance. A favorite Swahili proverb of Mwalimu Julius Nyerere’s is “Mgeni siku mbili; siku ya tatu mpe jembe” which means “treat your guest as a guest for two days; on the third day give him a hoe.” Indigenous African tradition largely abhors dependency of any kind. It is frowned upon for a man not to thatch his rooftops well before the rainy season, or to stay back while others are going to the farm, except he is bedridden. Add this to the logic espoused inArchtitecture of Diplomacy, and one reasonably concludes that it is unacceptable for Africans to accept a building from China that will house what should be the landmark of the continent’s achievements and its aspirations for the future.

Clearly, much indiscretion was exercised by the African Union officials in the acceptance of the offer of a new headquarters from China. The African Union has since deviated from the ideals of its founding fathers when in the 1960s Kwame Nkrumah and other great African leaders sought to establish an organization that would protect the geographical contiguity and territorial integrity of African nations. Emperor Haile Selassie in his historic 1963 speech stated clearly that the Organization was founded because “Africa has been reborn as a free continent and Africans have been reborn as free men. The blood that was shed and sufferings that were endured are today Africa’s advocates for freedom and unity.”

Contrary to his predecessor’s commitment to the continued freedom of the continent from imperial forces, Ethiopian President Meles Zenawi – currently being accused of selling huge swathes of Ethiopian land to foreign countries – on a tour of the facility boasted of how he single handedly lobbied Chinese officials to build the new headquarters and how he exempted taxes on all Chinese imported construction materials.

Gleeful at the opportunity for African heads of state to indulge in their lifestyles of conspicuous consumption during meetings and summits, AU Projects Director Fantahun Hailemikael reports that among the several luxuries of the building is a “helicopter landing pad so visiting dignitaries will be flown from the airport.” Of course the dignitaries will be spared the sight of the slum that much of Addis Ababa is. They will be flown from the airport to the AU building and from there to Sheraton Addis, reportedly the best of its kind around the world.

While the African Union might think it has gained from China by moving into its new ultra-modern facility, the reality is that the continent has lost tremendously in all matters worthy of reasonable consideration. The move to reverse the derogatory perception of Africa and Africans by all non-Africans has suffered another major setback. The resultant effect will be the continued political and economic manipulation and domination of the region by the West, and now China, and soon the rest of the non-African world.

Written by Chika Ezeanya

Where are we? Where are we going?

At the time of Uhuru, not a single doctor was being trained in Tanzania. Now, my research methods class at the Muhimbili University of Health and Allied Sciences has 150 students.

They are pursuing their second degree. In three years, they will be specialists in a diversity of medical, dental, public health, basic science, and pharmaceutical fields.

Other universities in Tanzania also train doctors and health specialists. Yes, in the past 50 years, our nation has travelled a fair distance.

I encounter eager, diligent students. Some do a remarkable job. Some find the academic battle rather onerous. And some somehow wiggle their way through. It is all in a day’s work.

People are on the move, no matter what. Interacting with my students, I am filled with pride, joy and gratitude in having been born in this blessed land. I see in their faces a cause to celebrate, to join hands, to sing and dance, to pursue our dreams, to revel in our tranquility, to persevere, to march forward.

Not that all is well and dandy. Many, perhaps too many, growing pains and aches remain. In 1989, my class had 10 students.

I assigned weekly reading and homework. I followed the progress of each student. Each read and critiqued a published paper every week. Apart from lectures, there were discussion sessions.
That is how a postgraduate class ought to be.

With 150 students, who have a much weaker foundation, and with no teaching assistants to conduct the discussion sessions and mark weekly assignments, that approach is simply impossible.

Grading two continuous assessment tests and the final examination implies that for an equivalent of three whole weeks, one does nothing else. I cover less material than before. My students do not get as much immersion into the health literature as before.
What I teach now is not, in breadth and depth, at the level it should be. Yet, I find myself exhausted at the end of the day, unable to do more.

My dilemma reflects the situation in most of the subjects taught at my university and, in fact, at all universities across the nation. Student numbers have expanded sharply, but the number of lecturers and teaching resources have not.

Some universities have a department with 20 or so academic staff, yet none has a doctoral degree.

Quantity has overwhelmed quality. We churn out doctors and specialists whose training, skills, knowledge and aptitude leave much to be desired. No one attends to the maintenance of good academic standards, in teaching, student performance and research.

External examiners are now a facade. It is a matter of you scratch my back, I scratch yours.
Research that is designed, conducted and analysed in a markedly sub-standard fashion, and whose practical applicability is quite wanting, can still secure a masters degree.
Is it just a question of lack of resources? Last week I had to hunt around from office to office for examination booklets.

The supply had run abysmally low. Our department has no paper for photocopies.
Yet, there is abundant money for futile retreats, seminars, and celebrations. A lot of funds are poured into superficial projects.

We have just gone through a multimillion-dollar curriculum review exercise. Yet, hardly any department has changed the substance of what it teaches.

The funds went into expensive offices, modularising courses, defining competencies, travel, fat allowances, and the like.
The form has changed; the content has not. A once in 50 years type of endeavour has, I feel, gone down the drain.

Every academic has a litany of such complaints. Perhaps they are growing pains.
In time, we may learn our lessons and improve. Rome was not built in a day. On the other hand, instead of being growing pains, they may signal structural flaws in the very direction we are moving. Two things make me inclined towards that perspective:
For one, there is a re-emergence of intellectual sycophancy. Everything Western is worshipped in academia. At times, it is quite crude.

Three weeks ago, I attended an hour of a whole week’s session conducted by three professors from well regarded US universities. These education specialists had come halfway across the world to enlighten us, the teachers in the School of Public Health, on the matter of how to teach effectively.

It was an astonishing session. The lecturer treated us as freshmen undergraduates; wasted our time in play-acting, and at the same time, showed a profound ignorance of public health issues.
I raised critical comments. But I was in a minority of one. Everyone else went along with the charade. For the visitors, it was a tropical holiday. For our academics, there was good food, the chance to build contacts, secure trips abroad and get more funds.

We search for donor dollars and lose our sense of self-worth and dignity. We compromise our intellectual independence. Our research and academic priorities are set externally, not by ourselves.

Extensive reliance on financial incentives permeates academia. Hardly anything takes place without an immediate or potential financial inducement. Basic responsibilities are cast aside or poorly fulfilled. Well-paid external work and donor funded projects have supplanted effective teaching and supervision of students.

There are two key lessons we should draw from the speeches of Mwalimu Nyerere. He regularly implored us to think for ourselves, to cultivate a spirit of independent inquiry. He also urged us to stand up for our rights, and to never compromise our dignity.
If the intellectuals of our nation fall short on both, blindly succumb to the mental dependence and cheap inducements of what is but a new form of colonialism, where are we going to be 50 years hence? Our academics complain about the misdeeds of the politicians, but then turn around to replicate the same type of practices.

On this 50th anniversary of our birth, we must ask: How do we serve our nation well? Is this kind of ”progress” acceptable? Do we not need to set an example for our students to emulate?
On this joyous occasion, as I ponder on these questions, I am deeply troubled as well.


Karim F Hirji is a professor of biostatics at the Muhimbili University of Health and Allied Sciences