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| Title: | Government powers and human rights in Africa: some observations from the Tanzanian experience |
| Author: | Mwaikusa, J.T. |
| Year: | 1990 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 6 |
| Issue: | 1 |
| Pages: | 75-105 |
| Language: | English |
| Geographic term: | Tanzania |
| Subjects: | constitutions human rights |
| Abstract: | Upon attaining independence, the new governments installed in the former colonies of Africa had to operate within constitutional frameworks agreed upon by nationalist movements on the one hand, and the departing colonial masters on the other. One reason for the acceptability of those independence constitutions was their apparent guarantees to limit the powers of the government and thereby safeguard human rights and freedoms. This paper looks at constitutional developments and practice in Tanzania since independence. It shows that resistance to a Bill of Rights, which was not included in the constitution until 1984, was, from the very beginning, based on the idea that economic progress and political stability could only be attained with a powerful executive, unhindered by constitutional provisions favouring individual rights. In the absence of a Bill of Rights the government took a number of measures as part of the 'fight' for economic progress which would not otherwise have been taken. At the same time, the government exercised firm control over popular politics, the justification given for such control being political stability. However, economic progress cannot be achieved by denying human rights and justice, and political stability will be guaranteed when there is economic progress. Notes, ref. |