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STRENGTHENING TRANSPARENCY INTEGRITY AND THE RULE OF LAW
IN TANZANIA
Part I: Situation Analysis
There are challenges as well as opportunities for Good and Accountable Governance in Tanzania. Since liberal and multiparty politics was reintroduced in the early 1990s after thirty years of one- party rule and state monopoly, the country has sought to reform the institutions and processes of governance, making them more responsive to democratic imperatives. The reforms have included the Public Sector Reform Program (PSRP), Public Financial Management Reform Program (PFMRP), Legal Sector Reform Program (LSRP), and the Local Governance Reform Program (LGRP) and they followed the 1997 Warioba Report that induced anti-corruption measures. The National Framework for Good Governance instituted within the framework of Vision 2025 and the National Anti-Corruption Strategy and Action Plan (NACSAP) adopted in 2001 are other significant initiatives to enhance good and accountable governance.
The political transition and the various reform processes have introduced popular political empowerment, strengthened governance institutions and enhanced democratic rule. The freedom to form political parties, civil society and non-governmental organizations, including the media, has engendered competitive politics, media pluralism, popular participation and increased levels of transparency and accountability in the conduct of public affairs. Determined to promote and sustain good and accountable governance, the Government decided to accede to the Africa Peer Review Mechanism (APRM). Against this backdrop, a 2004 assessment of governance in 52 African countries rated Tanzania as the only one that had significantly improved in all three governance categories of voice and accountability, government effectiveness, and control of corruption. Using similar measurements, the USA Millennium Challenge Corporation qualified Tanzania in 2005 for the Millennium Challenge Account.
Nonetheless, significant challenges remain. The environment is yet to be liberalized
sufficiently to allow fair political competition and participation. Ostensibly, the transition to political pluralism in 1992 was accompanied only by minimal institutional changes and few meaningful alterations in the operative rules of politics, resulting in democratic institutions lacking the requisite legal framework, human and resource capacity to operate to their full potential and insufficient opportunities for genuine political participation.
A key challenge is the Constitution that provides the basic framework for democratic governance but retains its “old mold,” staying impervious to the imperatives of contemporary Tanzanian politics. For instance, the framework for multiparty politics has not been liberalized sufficiently to facilitate fair political competition; hence, the range of viable parties and political alternatives available to Tanzanians is constrained although eighteen parties exist. The current arrangement for a balance of power among the Executive, Legislature and Judiciary also has created a de facto system of “executive supremacy” and various technical, material, and human capacity constrain the legislature from exercising effective oversight functions.
Other challenges include the electoral arena where inadequate managerial, technocratic and resource base and the legal framework constrain the Electoral body’s independence and effectiveness; civil society organizations including the media that have yet to emerge into full force as policy pressure and oversight groups; and inadequate and even weak human rights protections and law enforcement systems. The delivery of justice is equally constrained by operational inadequacies that are induced mainly by the shortage of competent personnel, poor infrastructure and corruption. The location of courts and other quasi-judicial bodies further hampers access to justice, and special courts for the protection of women and children (e.g. family courts) are conspicuously missing.
Finally, good and accountable governance requires effective and efficient communications between the government and the people, particularly the MDAs and their various stakeholders. To promote transparency and accountability, there ought to be a reciprocal communication relationship where the government responds to public demands or concerns and conveys adequate policy information in a timely manner. In Tanzania the challenges are to install the culture of appreciation of communication function within the government, appreciate the dual and broad function of communication as a two-way process of developing government messages and receiving feedback from the public, and the need to establish local national capacity in training for building professional communications cadres.
The governance deficits notwithstanding, the reform initiatives including the national anti- corruption strategy and, particularly recent indications of political commitment by the Fourth Phase Government of President Jakaya Kikwete provide renewed opportunities to promote good and accountable governance in Tanzania. In his inaugural address in December 2005, the President affirmed his government, having “no intention or policy to wipe out the opposition,” would continue “to safeguard space for our multiparty democratic dispensation.” Furthermore, the he pledged to “be guided by good governance, transparency and accountability,” stating: “We will respect the rule of law, and we will respect the principle of separation of powers between the Executive, the Legislature and the Judiciary. And we will empower each to discharge its responsibility.” These new opportunities to strengthen governance institutions and processes inform the programs of this framework.
Part II: National Response
The response of government to the challenges of good and accountable governance is most encouraging. For example, in fostering the reforms the Government signed an MOU with development partners in June 2006 to facilitate donor funding of the Legal Sector reforms that became operational later in the year with the establishment of the PCU. Among the key aims of the legal sector reforms are the promotion of access to justice, human rights and administrative justice and knowledge and skills of legal professionals. The anti-corruption strategy has also been revitalized. The NACSAP has been reformulated and developed into NACSAP II that was launched in December 2006. It expands the scope of coverage beyond the MDAs to include the private sector, civil society and local government authorities. A bill to strengthen the legal framework of the PCB has also been submitted to Parliament and, to enhance transparency and accountability, another bill on Freedom of Information has been proposed. The Government has also endorsed the World Bank sponsored ATIP programme that seeks to strengthen the Judiciary and promote the rule of law, integrity in the administration of justice as well as access to justice.
- Capacity of justice administrators and law enforcement institutions strengthened to administer justice in a fair, transparent and speedy manner.
- National capacity is strengthened to ratify, domesticate, monitor and report on the implementation of international human rights conventions, protocols and policy frameworks, in particular those in relation to vulnerable groups.
- Right holders empowered to be more aware and demanding with respect to human rights and freedoms including accessibility of gender sensitive provisions in legislation.
- Enhanced civil society capacity to advocate for human rights and good governance.
- Government and stakeholders supported in harmonizing the laws and in advancing the harmonization of legal regimes in such areas as marriage, affiliation, inheritance and land tenure.
- Partnerships to address gender-based violence, sexual harassment, HIV/AIDS stigma, and discrimination and other related socio-cultural issues to protection are strengthened.
- Strengthened capacity of police, security agencies and local government to collect and destroy illicit arms and light weapons in Northwestern Tanzania
Outcome 3: Strengthened and Sustained Government Communications for improved Good Governance
The programme seeks to support Government in enhancing the system of communications. The Directorate of Communications at the President’s Office, State House will be supported; government communications within the MDAs will be promoted; and relations between Government and other stakeholders will be enhanced. Finally, a national training for capacity in communication management will be developed under this programme. The following outputs are expected:
- A well-equipped and skilled communications center that will provide efficient leadership and guidance in coordinating government communication established.
- A strengthened communication capacity in MDAs that ensures speedy, consistent and reliable communication with the public
- An enhanced partnership and shared responsibility with stakeholders in the promotion of access to government information
- A local national capacity built to provide specialized training, skills and consultancy in the area of government communications.
Part IV: Implementation Strategy
To contribute to the achievement of the Government national development priorities, the programme will be implemented in collaboration with a wide range of partners including the anti- corruption institutions, non-governmental organizations and development partners and with national and regional initiatives that share similar objectives. Effective implementation will include outsourcing those aspects that require specialized knowledge and skills, partnerships with local agencies that have the capacity and donors with shared interests. To strengthen the promotion and protection of citizens’ rights and freedoms, UNDP will collaborate with relevant partners including the Ministry for Justice and Constitutional Affairs, Ministry of Public Safety, Law Reform Commission, gender groups and other development partners. Implementing partners will be assisted to develop the process of annual planning, work-plans and implementation
arrangements. The Directorate of Communication at the State House will be the key partner for the program in communications and good governance.
Part V: Implementation Framework
Management Arrangements: To promote national priorities and ensure national ownership, National Execution (NEX) will be the key modality whereby management arrangements for implementation will be fully dependent on national processes and systems. Under the umbrella of the NEX modality, implementing partners and specialized service providers will support the delivery of the various programme activities. As the managing agent UNDP, will provide management support. Its Finance Unit will be responsible for funds release and direct payments, and the Development Support Services will manage procurement and contracting. The implementing agency will be responsible for work planning, implementation, financial management, accounting for advances, clearance of completed activities, preparation and/or clearance and submission of progress reports.
A five-member Oversight Committee, one of whom will be elected as chair, will be constituted comprising four beneficiary institutions and one non-beneficiary and independent institution or individual to give overall policy and strategic guidance to program implementation. UNDP will provide secretarial support to the Committee. The Committee will meet quarterly to receive Quarterly Progress Report from the implementing partners, review progress made, ensure that implementation is in consonance with laid-down procedures and work-plans, and would make recommendations for strengthening the implementation. Annual Stakeholders Review Meetings will be held to review progress and share experiences and recommend general guidelines for effective implementation. Included at these meetings would be the beneficiary institutions, development partners, civil society, and others the Oversight Committee may wish to invite.
Monitoring and Evaluation: Monitoring and evaluation will be undertaken in line with the “Resource and Results Matrix” and monitoring and evaluation plan. The implementing partners and UNDP will be responsible for setting up the necessary M&E mechanisms, tools and conducting reviews, in order to ensure continuous monitoring and evaluation, with the view to ensuring efficient utilization of resources as well as accountability, transparency and integrity. The implementing partners will provide periodic reports on the progress, achievements and results of their projects, outlining the challenges faced in project implementation as well as resource utilization as articulated in the annual work-plan.
