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KITENDAWILI CHA KATIBA YA WANANCHI TANZANIA 1960’s-2020’s

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Nuria Ranking: #97 in Governance

Kitabu hiki ambacho ni cha kitafiti kimetumia mbinu linganishi kwa baadhi ya nchi za Afrika[1] kimelenga kutoa uelewa mpana juu ya Historia ya Katiba Nchini Tanzania[2], Safari ya Mchakato wa Katiba ya Wananchi-Tanzania tangu uhuru wake, Changamoto zilizojitokeza, na namna ya kutegua kitendawili cha upatikanaji wa Katiba ya Wananchi-Tanzania kwa kutumia Lugha rahisi ili kumuwezesha kila mmoja anayeweza kusoma na kuandika kupata mantiki na dhana nzima ya Historia na safari ya Mchakato wa Katiba pamoja na umaalumu wake.

Aidha, kitabu hiki kimelenga kutoa maoni mbadala ya kutatua baadhi ya vitendawili ambavyo wengi wetu tumekuwa tukijiuliza juu ya namna ya Kujikwamua na Mkwamo wa Kupata katiba ya Wananchi.

Msisitizo Mkubwa wa kitabu hiki cha kitafiti, ni mosi; Kuelimisha Wananchi na Watawala juu ya Umaalumu wa Bunge Maalumu la Katiba (BMK/CA) dhidi ya vyombo vingine vyote vya dola, i.e Bunge la Jamhuri ya Muungano wa Tanzania, Mahakama na pamoja na Serikali yenyewe.

Pili, kuelimisha Wananchi na kushawishi Watawala Umuhimu na Sababu ya Kuanza na Rasimu ya Pili ya Katiba, Umuhimu wa Kufutwa kwa Katiba Pendekezwa au kuchota mazuri yaliyomo kwa katiba husika ili kupata Rasimu ya Katiba Oanishi , Umuhimu wa Kufutwa kwa Muundo wa Bunge Maalumu la katiba (BMK), Kuunda jopo la wataalamu[Committee of Experts] litakalotumika kuboresha Rasimu Oanishi, kupata Tume Huru ya Uchaguzi na Mapendekezo ya namna bora ya Muundo wa vyombo hivi ili kukidhi Muafaka wa Kitaifa katika Kupata Katiba Mpya.

Kwa kuwa utafiti huu umetumia lugha rahisi ya Kiswahili, Ni matarajio yangu kuwa kitabu hiki kitaeleweka kwa urahisi na Mwananchi wa kawaida hivyo basi kuchangia sana uelewa wa safari nzima ya Mchakato wa Upatikanaji wa Katiba Mpya.

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UKUU, UHURU, USALAMA WA TANGANYIKA NA RASILIMALI ZAKE

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Ni Kitabu cha Kitaaluma, kilichoandikwa na Mwanaharakati wa Haki za Binadamu ambaye ni Mwanasheria Kitaaluma, kuibua Mjadala wa kina barani Afrika wa Muktadha wa Kisheria juu ya dhana ya “USIRI NA UWAZI” wa Mikataba ya Uwekezaji ya Kimataifa (INTERGOVERNMENTAL AGREEMENT-IGA) inayofanywa na Serikali za Nchi nyingi za Afrika ikiwemo Serikali ya Tanzania. Kitabu hiki Kimechambua kwa kina Sheria za Ndani (Tanzania-Case Study), Sheria za Kikanda (Afrika Nashariki na Afrika), Sheria za Kimataifa na Kuchambua Hukumu ya Mahakama juu ya Mgogoro wa Kisheria ulioibuka nchini Tanzania juu ya Uwekezaji wa Kimataifa baada ya Walalamikaji wazawa wa Tanzania kuamua kupinga Masharti ya Mkataba wa Uwekezaji Kimataifa (IGA).

Chimbuko kuu la kitabu hiki cha kihistoria, Kilichobatizwa jina; “UKUU, UHURU, USALAMA WA TANGANYIKA NA RASILIMALI ZAKE”, kilichohifadhi kumbukumbu Kitaifa na Kimataifa ya Raia wa Tanzania katika Kupigania Ukuu, Uhuru na Usalama wa Rasilimali za Tanganyika, Mwaka 2023/2024, ni kesi Mkakati iliyofunguliwa na Wanasheria Vijana[1] Katika Mahakama Kuu Kanda ya Mbeya dhidi ya Mkataba wa Kimataifa wa Uwekezaji katika Bandari Tanzania (IGA) uliosainiwa na Serikali ya Jamhuri ya Muungani wa Tanzania na Kupitishwa na Bunge la Jamhuri ya Muungano wa Tanzania kinyume na Matakwa ya Katiba ya Jamhuri ya Muungano wa Tanzania ya 1977, Sheria Mbali mbali za Tanzania[2] zinazolinda Ukuu, Uhuru na Rasilimali za Nchi na vile vile Kinyume na Mikataba ya Kikanda na Kimataifa kama itavyojadiliwa kwa kina Katika Kitabu hiki.

Licha ya Mapungufu Makubwa ya Rais wa awamu ya tano, hayati, John Pombe Magufuli, kwenye Masuala ya Haki za Binadamu na Utawala wa Sheria, Kitabu hiki kimemuelezea kwa kina, Hayati John Pombe Magufuli kama Rais kinara, Shujaa na Mfano wa kuigwa barani Afrika Katika Kuongoza Taifa la Tanzania lenye uwezo wa Kulinda Rasilimali zake kwa Utunzi wa Sheria za Kizalendo za ulinzi wa Rasilimali za Nchi na kulinda vile vile Ukuu, Uhuru, Usalama wa Tanzania na Rasilimali zake.

Kitabu hiki Kimefanya Uchambuzi wa Kina wa Maamuzi ya Mahakama Kuu, Kanda ya Mbeya nchini Tanzania, Maoni ya Wanazuoni, Vyama Vya Siasa, Taasisi zisizo za kiserikali na za kiserikali, Viongozi wa Kisiasa, Viongozi wa dini na taasisi za dini, Wanaharakati  na Wadau mbalimbali Juu ya Mtizamo wao katika Masharti ya Mkataba wa Uwekejai baina ya Tanzania na Kampuni ya DP-Wold kutoka Dubai na Kutoa Mapendekezo ya kitaalamu kwa VIONGOZI WA TANZANIA, AFRIKA MASHARIKI NA AFRIKA kwa Ujumla wake.

Nchi Nyingi za Afrika ambapo Tanzania ni miongoni mwa nchi husika, zina utajiri mwingi wa Rasilimali lakini Mataifa ya Kigeni yamekuwa Wanufaika wakubwa wa Rasilimali husika kupitia Mikataba ya Kimataifa ya kinyonyaji ambayo Serikali za Nchi Nyingi za Afrika zinaingia na Mataifa husika na kuacha Umasikini Mkubwa kwa Wazawa na ufukara Mkubwa kwa wananchi huku kikundi cha Wachache ambao ni Watawala kunufaika na kuacha Bara la Afrika kutotimiza ndoto zake za Kujitegemea Kiuchumi na Kijeshi bali kubaki kuwa Vibaraka wa Mataifa ya Magharibi.

Kwa Ujumla wake, Kitabu hiki kimejadili ajenda hii ya “USIRI NA UWAZI WA MIKATABA YA KIMATAIFA” kama sehemu ya Kuchagiza Umajumui wa Afrika (Pan Africanism) na kuendeleza Maono ya Muda Mrefu ya Waasisi wa Umoja wa Afrika, pamoja na Wanaharakati mbalimbali wa Bara la Afrika katika kujitegemea Mathalani, Hayati Muamari Gadaffi, Julius Kambarage Nyerere, Nelson Mandela, Robert Mugabe, Nkwame Nkurumah, Jomo Kenyatta, Thomas Sankara, Martin Luther king, Che Geuvara na Wengine wengi.

 
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