CIVIL SOCIETY WORKSHOP RIGHT TO NATIONALITY CIVIL SOCIETY WORKSHOP Tuesday May 2nd 2018 Kampala, Uganda

Outline Context Legal Framework Progress Practical issues Strengths and Gaps Progress Practical issues Existing Anticipated

Context Geographical set up Low birth registration rate Porous borders with 8 countries Similar Communities on both side of the borders – a lot of unregulated interactions Civil unrest in some neighboring countries – Refugees/Unregulated cross border movements and settlements Low birth registration rate Lack of national ID until very recent

Context Low birth registration rate Lack of national ID until very recent Expulsions Refugees Grant of nationality to refugees (Rwandans, Burundians and Somali Bantus)

Legal Framework Domestic Constitution – No provision - Art 12(2) Every person is entitled to recognition and respect for his dignity; Tanzania Citizenship Act – Who is a national/How does one become a national The Law of the Child Act? – S. 6 Right to a name and nationality; Tanzania Immigration Act – Handling of non-nationals

Legal Framework International All except the two Statelessness Conventions

Citizens of Tz Citizenship by birth Citizenship by decent Citizens by birth of Tanganyika and Zanzibar before Union After Union – born in Tanzania with at least one parent should be a citizen of Tanzania Citizenship by decent Was a citizen by decent of Tanganyika or Zanzibar before union Born outside Tz with at least one parent a Tanzanian otherwise than by decent Citizenship by naturalization Application Renunciation of other citizenship 8 years out of 11 spent in Tz Potential contribution to Tz (social, economic, technological etc.)

Strength of the law Recognition of nationals of Zanzibar and Tanganyika Equal rights to men and women to pass nationality to children Children to keep dual nationality till 18 No deprivation of nationality for citizens by birth

Gaps in the law Deprivation for citizens by naturalization does not consider the question of statelessness Provides for only administrative hearing before deprivation (Committee of inquiry) Unequal rights to pass citizenship to spouses No dual citizenship

Positive Acts Naturalization of Refugees (Rwandans, Burundians, Somali Bantus Not in the domestic Refugees Act but consistent with the Citizenship Act Pledge to sign two Statelessness conventions (2012) Adoption of the Law of the child Act Birth registrations and birth certificate issuance Introduction of National IDs for nationals, foreigners and refugees

Practical Issues Mass expulsions – At times exposes people to statelessness Use of citizenship/nationality to deal with people the government is not happy with Tough immigration and refugee laws/policies leading to increase of Irregular migrants/ undocumented refugees Transition to National IDs – If not handled with care can create statelessness to many Not party to the two Statelessness conventions – No efforts to prevent statelessness is decisions made.

Concerns Security Protection of: Women from sham marriages Assurance of allegiance Protection of: Land and other resources meant for Tanzanians Employment Opportunities Women from sham marriages

Recommendations Advocacy for: Ratification of the Statelessness Convention Adoption of the Protocol to the ACHPR on Right to a Nationality Implementation of the African Court’s Decision on Anudo vs Tanzania – Tz odered to amend the Immigrtion Law Amendment of the Citizenship Act Reduce likelihood of the National ID provision exercise rendering people stateless

Thank you