STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
Appeals Tribunal”, included in initial drafts, was not adopted in the final version of the Citizenship and
Immigration Act.54
In Tanzania, the Citizenship Act states that “The Minister shall not be required to assign any reason for the
grant or refusal to grant any application under this Act and the decision of the Minister on any application
under this Act shall not be subject to appeal to or review in any court.”55 These provisions were found to be
in violation of human rights standards by the African Court on Human and Peoples’ Rights in its March 2018
judgement in the case of Anudo Ochieng Anudo v. Tanzania.56
South Sudan also establishes a highly discretionary framework, although with the ability to appeal the
Minister’s decisions to a “competent court”.57
Identification and protection of stateless persons
Only Uganda and Rwanda are parties to the 1954 Convention relating to the Status of Stateless Persons,
acceding in 1965 and 2006 respectively. On 19 September 2018, as this report went to print, Burundi’s
National Assembly unanimously adopted a bill authorising accession to both the 1954 Convention and the
1961 Convention on the Reduction of Statelessness.58
None of the EAC countries have in place a procedure for the identification and provision of protection to
stateless migrants through grant of the status of stateless person.
54
Draft on file with author.
55
Tanzania Citizenship Act 1995, Section 23. The Act does provide for a person deprived of citizenship to appeal to a committee of
inquiry, but the members of the committee are appointed by the Minister responsible for citizenship matters.
56
Anudo Ochieng Anudo v. United Republic of Tanzania, App. No. 012/2015, African Court of Human and Peoples’ Rights, Judgment
of 22 March 2018, discussed below in section on jurisprudence of the African human rights bodies.
57
58
South Sudan Nationality Act, Section 26.
“Le Burundi adhère aux conventions relatives à l’apatridie”, Radio Télévision Nationale du Burundi, 20 September 2018.
UNHCR / September 2018
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