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

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

3. 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

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

5. 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

6. Legal Framework International
All except the two Statelessness Conventions

7. 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.)

8. 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

9. 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

10. 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

11. 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.

12. 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

13. 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

14. Thank you