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.

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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.

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 Part III: Proposed Programme

The current framework seeks to enhance the Government’s responses as well as contribution by
donors to consolidate good and accountable governance in Tanzania. Considering the challenges
and opportunities, this programme to strengthen the structures and systems of good governance
and accountability focuses on (1) Anti-Corruption, (2) Access to Justice, law enforcement and
human rights and (3) Effective Communications for Good Governance. It must be noted that the
other democratic deficits identified in the analysis (for instance, in the areas of the Legislature,
political parties, electoral bodies, etc.) are addressed in the “Deepening Democracy in Tanzania
Program.” The programme has three main outcomes as outlined below.

Outcome 1: Strengthened national and local structures and systems of governance that combat
corruption and promote accountability and transparency

Strategies aimed at reducing the incidence of corruption and enhancing public accountability will
be developed and implemented. The government’s efforts to build a more efficient, accountable
and transparent public administration will be promoted by UNDP through support for the
formulation and implementation of national compliance system for efficiency, effectiveness,
transparency and accountability. UNDP also seeks to strengthen the key oversight and watchdog
institutions (PCB and GGCU) and civil society including the Media. Successful implementation
will lead to the following expected results/outputs:

• Corruption is effectively addressed through improved institutional capacity, including

inclusive and equitable processes and enhanced legal frameworks and mechanisms.
• Strengthened participatory mechanisms at district and community level
• Improved capacity or civil society, including the Media, to promote transparency and
demand domestic accountability
• The anti-corruption agenda strengthened by enhancing the capacity of PCB and GGCU
and expanding the scope to combat corruption.

Outcome 2: Enhanced and accessible systems of justice, law-and-order and education that
promote and protect human rights and freedoms

Efforts will be made to promote access to justice, the rule of law and human rights through legal
literacy enhancement programs that aim to increase popular awareness of the Constitution and
related legislations. Key outputs expected include:

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 • 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

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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.