.
1.0 Introduction Protection is a term referring to all actions aimed at access to and enjoyment of all rights of women, men, girls and boys of concern to UNHCR as provided under the International Refugee laws, International Human Rights and International Humanitarian Laws.
The international and regional instruments human rights instruments and domestic instruments
Tanzania has signed several instruments to protect refugees. These are: The Convention Relating to the Status of Refugees of 1951 (the 1951 convention), The Protocol Relating to the Status of Refugees of 1967 (the 1967 protocol), The Convention Governing the Specific Aspects of Refugee Problems in Africa of 1969 (the OAU convention of 1969).
These instruments define a refugee to mean a person who is outside his/her country of nationality/habitual resident due to well- founded fear of being persecuted for reasons of: race, religion, nationality, membership of a particular social group or political opinion and that person is unable or, owing to such fear, is unwilling to avail himself of the protection of his/her country. Article 1(A) (2) of the 1951 Convention, Article 1(1) of OAU Convention, and Article 1(2) of the 1967 Protocol
The OAU Convention expands this definition to include even a person who has fled his/her country due to occupation, external aggression, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality. (Article 1(2) of OAU Convention)
principle of non-refoulement - (Article 33(1) of the 1951 Convention, and Article 2(3) of the OAU Convention). The principle of non discrimination. (Article 3 of the 1951 Convention and Article 4 of the OAU Convention)
The principle of asylum - (Article 2(1) of the OAU Convention) The principles of protection - Article 3 of the ICCPR OF 1966 and Article 7 of the African Charter on Human and Peoples Rights
the right to acquire movable and immovable properties (Article 13 of the 1951 Convention), The right to employment (Article 17 and 18 of the 1951 Convention), The right of asylum, (Article 2(1) of the OAU Convention, Freedom of movement (Article 26 of the 1951).
Naturalization. (Article 34 of the 1951) Voluntary repatriation ( Article 5 of the OAU Convention) Resettlement
The International Covenant on Civil and Political Rights (the ICCPR) of 1966 and the African Charter on Human and Peoples Rights (ACHPR). Although these instruments do not specially relate to refugees, they contain provisions that are of significance to refugee protection such as: The right to life, freedom against torture, and the right to liberty and security of persons. (Article 6,7,and 9 of the ICCPR) of 1966
Refugees in Tanzania get protection through the Constition of the United Republic of Tanzania, 1977 (R.E 2002) the Refugees Act of 1998 and the National Refugee Policy of 2003.
It defines the status of a refugee in line with both the 1951 Convention and the 1969 OAU Convention. (Article 4(1) It provides for grounds of cessation of refugee status.(Article 4(3) Exclusion from refugee status. (Article 4(4) It also advocates for refugees to stay in the camp. It also provides for the durable solutions Voluntary repatriation (Article 34) Resettlement (Article 36)
Tanzania commits to respect international obligations including the principle of non-refoulment. It advocates for international co-operation and burden sharing. It stipulates for admission procedures and determination of refugee status that is, individualized or prima facie (group) based determination. It guarantees for refugees’ welfare including the right to asylum That refugee will not be expelled from Tanzania except on grounds of national security. It requires refugees to be hosted in designated areas (camps) whereby the international community will be required to provide material assistance. Finally the policy advocates for repatriation.
Tanzania Citizenship Act, 1995: Immigration Act, 1995 The Tanzania Passport and Travel Documents Act of 2002