Beyond polarity in Zanzibar? The ‘silent’ referendum and the government of national unity

Abstract

On 31 July 2010 the Revolutionary Government of Zanzibar held a referendum to decide on the government of national unity so as to end the impasse between the two main political camps, each dominating one of the two islands of Unguja and Pemba. The outcome of the referendum was that the majority of Zanzibaris voted in favour of the government of national unity. This article revisits how the referendum was carried out in terms of observing the basic principles of a democratic referendum and whether the referendum would be a panacea for the polarisation between the two islands. The main argument held here is that the referendum fell short of observing some of the basic principles of a democratic referendum since it systematically suppressed the voices of those who opted for a ‘No’ vote. Besides this, the government of national unity created after the referendum was in essence the unity of the two major political parties, namely the Chama Cha Mapinduzi (CCM) and the Civic United Front (CUF). Relatedly, some of the fundamental issues causing polarisation are yet to be tackled, a situation which, if not addressed in time, would make this polarity a likely facet of Zanzibar's future politics.

Keywords:

• Zanzibar
• referendum
• government of national unity
• CCM
• CUF

Notes

1. In East Africa, the referendum institution is becoming increasingly institutionalised. Uganda, Kenya, Rwanda and Burundi have all had a history of referendums. Kenya, for example, held its first referendum in 2005 to determine whether or not to effect constitutional changes and the second one on 4 August 2010 to endorse a new constitution.

2. Actually, in the 1980s there were some people who advocated a referendum on the Union between Tanganyika and Zanzibar. These were considered by the political authorities to have committed an act of treason.

3. However, with the 10th constitutional amendment effected in August 2010, sections 1 and 2 of the Zanzibar constitution which identified Zanzibar as part of the United Republic of Tanzania were deleted and a new section was inserted which clearly stipulates that ‘Zanzibar is one of the two countries constituting the United Republic of Tanzania’. This amendment came following a controversy that arose in parliament in July 2008 over whether Zanzibar is a country or not.

4. The Court of Appeal is a Union affair. However, for matters that are strictly speaking non-Union, the High Court of Zanzibar is the ultimate adjudicator.

5. These were often considered as indigenous, a mixed group of centuries of intermarriages between Africans and Arabs.

6. These represented relatively recent immigrants from the mainland.

7. Africans in this context means Zanzibaris of Mainland origin (or recent immigrants from the Mainland).

8. Umma Party entered into technical alliance with ASP during the 1964 revolution and its members, most of whom were well educated, were integrated into the Revolutionary Government of Zanzibar, and later became one of the sources of intra-party friction within ASP.

9. CCM is a product of the merger of ASP and TANU in 1977, but the CCM-Zanzibar bloc still justifies its position on the basis of its revolutionary legacy and pre-independence politics. The CUF, on the other hand, is a conglomeration of diverse political forces, including disgruntled elements originating from ZNP and ZPPP.

10. Maridhiano is a Kiswahili word, which in this context would mean a kind of informal agreement or gentlemen's agreement.

11. http://africanelections.tripod.com/za.html (accessed 10 December 2011).

12. The General Comment was adopted in its fifty seventh session on 7 December 1996. See the General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25) of the United Nations International Covenant on Civil and Political Rights.

13. Mr. Hamad Rashid Mohamed, Leader of Opposition in the National Assembly, Dar es Salaam, 21 July 2010.

14. The approved regulations missed matters in relation to campaigns. See Gazeti Rasmi la Serikali ya Mapinduzi ya Zanzibar, Tangazo la Sheria ya Kanuni za Kura ya Maoni, Tangazo Nam. 26 Sehemu ya CVIX Nam. 6375, 23 July 2010, Mpiga Chapa wa Serikali.

15. Interview with Zanzibar Electoral Commission (ZEC) Officer in Charge, Mr. Ali Mohamed Dadi, Pemba on 23 July 2010. This ground falls short. Political campaigns are commonest in democratic referendums. In Kenya, for example, despite being a fragmented society based on ethnicity, the government was able to conduct a successful and peaceful referendum on 4 August 2010. In this referendum, referendum committees were allowed as per Sections (11) and (12) of the Constitution of Kenya Review (Referendum) Regulations, 2010. Section (16) of the regulations further provided for referendum campaigns.

16. It was CCM in its Butiama Resolution that demanded a referendum in Zanzibar prior to the formation of the government of national unity. After a series of discussions by CCM Zanzibar, the National Executive Committee of the party welcomed the referendum. See ‘Kikao cha Halmashauri Kuu ya Taifa ya CCM, Februari 14–15, 2010’, http://www.cms.ccmtz.org (accessed 17 July 2010). However, after private talks between CUF Secretary General Seif Sharif Hamad and President Aman Abeid Karume, the CUF agreed to the referendum too. It should be noted that the CUF had struggled for inclusion in the government but could not be successful largely due to vote rigging and coercion by the government in the previous elections of 1995, 2000 and 2005.

17. Similarly, when addressing a rally on 25 July 2010 at Kibandamaiti, CUF Secretary General Seif Shariff Hamad said ‘Voting yes will save Zanzibar from returning to political conflicts. Unity is important for our development’. See Issa Yussuf, ‘CUF leaders strongly push for GNU’ Daily News, 26 July 2010. Unless otherwise stated all translations are by the authors.

18. Interview with Mr. Adam Paulo Ngalawa, CCM Regional Secretary, Zanzibar, 23 July 2010.

19. Interview with Mr. Adam Paulo Ngalawa, CCM Regional Secretary, Zanzibar, 23 July 2010.

20. Mr. Hamad Rashid Mohamed (leader of the opposition in the National Assembly–CUF) said that he personally met and requested President Jakaya Mrisho Kikwete, as a CCM Chairman, to declare his party's stand on the referendum and influence citizens to vote towards that course. But nothing has happened so far. Interview with Mr. Hamad Rashid Mohamed on 21 July 2010.

21. There were allegations that Dr. Salmin Amor, Dr. Billal and Mr. Shamhuna were potential figures within CCM that stood for a ‘No’ vote. They had strong support within and outside CCM and its government. Interview with Mr. Hamad Rashid Mohamed on 21 July 2010.

22. Interview with Mr. Ussi Hamisi Ussi, Demokrasia Makini, Zanzibar, 22 July 2010.

23. The amendment came in response to the on-going debate on whether Zanzibar is a ‘state’ or not.

24. He did not say anything during the similar introduction rally in Unguja at Demokrasia Grounds, on 15 July 2010 (Interview with Mr. Saleh Juma, CUF, Zanzibar, 22 July 2010).

25. Interview with Mr. Saleh Juma, CUF, Zanzibar, 22 July 2010.

26. Interview with Mr. Juma Ridhiwani, Democratic Party, Zanzibar, 22 July 2010.

27. Interview with Ms. Ziada Khalfan Salehe, Tanzania Labour Party, Zanzibar, 22 July 2010.

28. Interview with Mr. Ussi Hamisi Ussi, Demokrasia Makini, Zanzibar, 22 July 2010.

29. Interview with Mr. Ali Khalfan Saleh, CHAUSTA, Zanzibar, 22 July 2010.

30. Interview with Mr. Saleh Khalfan Salehe, Jahazi Asialia, Zanzibar, 22 July 2010.

31. Interview with Mr. Ali Mzee Ali, Chairman of the Committee of Six, Zanzibar, 28 July 2010.