STATELESSNESS AND CITIZENSHIP IN THE EAST AFRICAN COMMUNITY
step forward. They needed to show their naturalization application documents, and shortly after they were
released.
“Stanley”, 29
Stanley, a former Burundian refugee, already naturalized in 2013, was caught on the street in his village in
Kagera region and deported to Rwanda. According to him the method that police and immigration officers
used to determine whom to capture was simply looking at people’s faces and judging if someone looked like
Munyarwanda. They would catch people, take them to the police station, and then transport them to Rwanda
without asking any questions or even giving them a chance to prove their citizenship. Stanley was caught
and transported to Rwanda with a large group of people. When they reached the border, they were told:
“Kama unajijua wewe ni raia wa Tanzania njoo hapa” (meaning “if you know you are a citizen of Tanzania
come here”). At this point those who were citizens had to step forward and show their identification card (or
other document). Stanley showed his naturalization documents, and he was released and allowed to go back
to Tanzania (he had to buy a bus ticket and travel back by himself). He said that those who did not have their
national identification card or any other document were handed over to Rwandan border officers. Stanley
returned to his village in Kagera region and he lives there now, as he says, without fear.
“Steven”, 35
Steven is one of the Burundian refugees who opted to repatriate to Burundi during the naturalization exercise
in 2008, but a few months later he came back to Tanzania and settled in the city of Tabora. During Operation
Kimbunga police came to his family and asked for their permits. He did not have any documents, and was
taken to the police station and imprisoned for one year (2013-2014). He was eventually released when his
family collected enough money for bail.
Comorians in Zanzibar
A community of people of Comorian descent has lived in Zanzibar since before the period of Omani rule
established in the 19th century. More arrived in Zanzibar under the Omani sultanate and during the British
protectorate over Zanzibar (1890−1963), at all levels of economic and social status, from manual labourers
to civil servants and religious leaders. Because Comoros was a French and not British colony, the Comorians
had a different status from immigrants to Zanzibar from other territories under British “protection”, a
distinction that they were keen to emphasize as one way of gaining higher status than other “natives”. Under
the 1911 decree on Zanzibari nationality, those of Comorian descent born in Zanzibar were not automatically
subjects of the Sultan, unless they applied to be so. From 1952, Zanzibari nationality was automatically
attributed on the basis of birth in the Sultan’s dominions, but not to subjects or citizens of countries named
in a schedule to the 1952 Nationality Decree, which included France. Comorians in Zanzibar thus were not
subjects of the Sultan, nor British protected persons, but rather remained French subjects.261
The 1963 independence constitution of Zanzibar established in the islands a jus soli rule for those born before
or after independence, with only the usual limited exceptions; and from 1964, when Zanzibar joined
Tanganyika to form the United Republic of Tanzania, the Tanganyika Citizenship Act was extended to
recognise as citizens of Tanzania those born prior to union in Zanzibar, as well as those born after union in
any part of the United Republic.262
261
See Iain Walker, “Comorians and Hadramis in the western Indian Ocean: Diasporic practices in a comparative context”, Journal
of Social Dynamics, 2012, Vol. 38 (3), pp. 435-453; Iain Walker, “Identity and citizenship among the Comorians of Zanzibar, 18861963” in Abdul Sheriff & Engseng Ho (eds.), The Indian Ocean: Oceanic Connections & Creation of New Societies, London: Hurst &
Co, 2014; Gillian Marie Shepherd, The Comorians in Kenya: The Establishment and Loss of an Economic Niche, PhD Dissertation,
London School of Economics, 1982.
262
Constitution of the State of Zanzibar, 1963, Chapter I; Tanganyika Citizenship Act 1961, as amended, sections 3 and 10(1). See
also Fransman’s British Nationality Law, Catalogue entry on Tanzania.
UNHCR / September 2018
63
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