STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY The identification of the groups at risk of statelessness in Tanzania is greatly complicated by the conflict between the letter of the law and the interpretation of the law in practice. The wording of the law, common to the UK and almost all the newly independent Commonwealth countries at the time it was adopted, clearly provides, with minor standard exceptions (for example, for children of diplomats), for citizenship to be attributed on the basis of birth in Tanzania (in Tanganyika for those born since independence, and Zanzibar whether born there before or after independence). The official interpretation of the law is that it is a descentbased system. In terms of identifying the groups at risk of statelessness it is the official interpretation of the law that must be considered. At the same time, Tanzania’s history and current politics of identification and citizenship is, with exceptions, relatively open and unpoliticised by comparison with its neighbouring countries in the EAC. The original panAfrican vision and rhetoric of President Nyerere still has a hold on the state administration and the popular imagination. Many of those descended from migrants or refugees consider that public statements that they were to be offered citizenship indicate that in fact they became citizens. Nonetheless, questions of access to citizenship have been controversial at times; including during the discussions over the original adoption of a jus soli framework for citizenship. The fact that until very recently most Tanzanians had no identification documents, and that rates of birth registration are still extremely low means that the ambiguity over legal status is profound. As recently as 2013, many who considered themselves to be Tanzanian were subject to expulsion, when President Kikwete launched “Operation Kimbunga” in September 2013 to expel “illegal immigrants” living in Tanzania without a permit. In the first phase, from 6 to 20 September, a total of 12,704 people were arrested, among them 3,448 Rwandans, 6,125 Burundians, 2,496 Ugandans, 589 Congolese, 44 Somali,1 Yemeni and 1 Indian.253 The majority of those arrested were deported; some were released after they proved their Tanzanian citizenship, and a small minority remained in jail after the closure of the Operation. The government states that a total of approximately 35,000 migrants were forcibly expelled by the end of the operation; according to IOM, around 65,000 left altogether, including those who were not expelled but left because they feared deportation.254 Among those expelled, some claimed Tanzanian citizenship, and others were rejected as citizens by the immigration officials of the countries to which they were expelled on the grounds that they were either Tanzanian or from another state.255 Most of the remainder were admitted as citizens and resettled in the countries to which they were expelled (at least in Uganda and Rwanda), others are still stranded in countries to which they are expelled which are not their countries of origin, and some of those are Tanzanians with their spouses from another country.256 Some have returned to Tanzania and are resident again in the areas which they left. The concerns around these expulsions centred on the arbitrary and discriminatory way in which people were identified as “foreigner”.257 During Operation Kimbunga immigration officers relied on ten cell and street leaders, the lowest level representatives of central government who are responsible for registering every household in their neighbourhoods, to gather information and identify who was and who was not a Tanzanian citizen. While documents such as voters’ cards, birth certificates and other identification are relevant, more important is that these leaders know each family and the family history in the area. The reliance on ten cell 253 Data according to an official government letter by Deputy Police Commissioner Simon Sirro on behalf of the Commander of Operesheni Kimbunga Mwanza, 22 September 2013 (in Swahili), available at: https://issamichuzi.blogspot.com/2013/09/operesheni-kimbunga-awamu-ya-kwanza.html?m=1 254 “IOM Tanzania launches migrant registration exercise in Kigoma”, 2 December 2014; further information from IOM office in Dar es Salaam. 255 See for example, “Expelled immigrants stranded as ‘countries of origin’ deny their citizenship”, The East African, 21 September 2013. 256 Interview, Office of the Prime Minister, Uganda, 3 August 2016. 257 Legal and Human Rights Centre and Zanzibar Legal Services Centre, Tanzania Human Rights Report 2013, March 2014. UNHCR / September 2018 61