26. Section 5 of the TCA provides that “.... every person born in the United Republic on or
after Union Day shall be deemed to have become and to have continued to be a citizen
of the United Republic with effect from the date of his birth....” unless neither of the
parents were citizens of Tanzania; if the father was a foreign diplomat; or either of the
parents was an enemy alien and the birth occurred in a place under enemy occupation.15
While, on the face of it, this preserves jus soli acquisition of citizenship, official practice
differs significantly to the law and it is common that jus soli citizenship must be further
supported by jus sanguinis citizenship through one parent. 16 In order to acquire
Tanzanian citizenship, the person must be born in the country and at least one parent
must be a Tanzanian national.
27. The TCA also recognises as a citizen by descent any person born outside of Tanzania on
or after the Union Day to a father or mother who is a citizen of Tanzania other than by
descent. Moreover, all persons having been born outside either Tanganyika or Zanzibar
before Union Day, who were recognised as citizens by descent, retained their status as
such under the new law.17 Risks of statelessness arise for persons born abroad to parents
who acquired Tanzanian nationality by descent.
28. The TCA also provides for citizenship by naturalisation. In order to be eligible for
naturalisation, one must be of full age and capacity, renounce any other nationality, and
must fulfil various conditions, such as being “of good character” and having the intention
to permanently reside in Tanzania following naturalisation. Apart from that, the TCA
provides for a simplified naturalisation by virtue of marriage. Such facilitated
naturalisation includes that the application can be made directly to the minister, unlike
other naturalisation applications which must be initiated at a local government office.
29. The Tanzania Citizenship (Amendments) Regulations 2017 reduced the citizenship
application fee for some groups of people, including those at risk of statelessness to
17%-18% i.e. from USD 5,000 to TZS 2,000,000 equivalent to USD 862. This applies to
people who were born before independence but are not recognised as citizens; those
born before or after independence to parents who were not recognised as citizens under
the Citizenship Act of 1961 and their children; people who entered Tanzania before or
after independence and resided there for a period of time which in the opinion of the
Commissioner General of Immigration in consultation with the Minister qualifies them
and their children to be granted citizenship under this condition; and children born
outside Tanzania to parents who are citizens by descent. However, the majority of
people belonging to these groups are not able to afford the reduced fee, and therefore
still face barriers to naturalisation, leaving them in limbo, at high risk of being stateless.
Other National laws
30. Law of the Child Act, Cap. 13 (R.E 2019) provides that a child has a right to a nationality
and the right to birth registration. Civil registration is governed by the 1920 Births and
Deaths Registration Act (CAP 108, R.E 2002), which covers mainland Tanzania, and the
2017 Zanzibar Civil Status Registration Agency Act, which covers Zanzibar. According to
these laws, birth registration is universal for all children born in Tanzania, regardless of
their status. The law provides for birth registration fees of TZS 3500 (USD 1.52) for early
registration, and TZS 4,000 (USD 1.73) for late registration after less than ten years. For
15
Tanzania Citizenship Act (1995); Section 5(1-2).
Manby, B. Citizenship in Africa, p. 80.
17
Tanzania Citizenship Act (1995); Section 6.
16
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