Weak safeguard against deprivation of nationality 35. The TCA contains provisions on deprivation of nationality, at the discretion of the Minister of Home Affairs. The Minister of Home Affairs has the power to order the deprivation of citizenship of a person who is not a citizen by birth, upon satisfaction that the person is of full age and capacity and has voluntarily claimed and exercised in a foreign country, a right that is exclusive to its own citizens, such as the right to vote or the right to be elected into public office. 36. Moreover, the TCA prohibits dual citizenship. Once a person turns eighteen, if they hold another citizenship in addition to Tanzanian citizenship, they shall be deemed to have ceased to be a Tanzanian citizen, unless they had previously renounced their other citizenship and taken the oath of allegiance. The cessation of Tanzanian nationality also applies to persons who turned eighteen before and after the Union Day and continued to hold the citizenship of another country in addition to either their Tanganyikan or Zanzibari citizenship.19 37. Moreover, a naturalised citizen can be deprived of their citizenship on various grounds, including obtaining citizenship by fraud; demonstrating disloyalty towards the state, and residing abroad for more than five years without communicating an intention to retain their Tanzanian citizenship. Before the deprivation decision is made, the Minister must determine that a continuation of citizenship is “conducive to the public good” in the broad sense. However, this provision on deprivation of citizenship does not apply to citizens by birth. This creates a hierarchy of citizenship whereby birth citizenship is less precarious than naturalised citizenship. 38. The Immigration of CAP 54 (R.E. 2016) puts the burden of proof of citizenship on the person alleged to be a non-citizen, instead of the State. In 2018, the African Court on Human and Peoples’ Rights made a landmark decision concerning the right to nationality. The case concerned the revocation of Tanzanian nationality (and corresponding passport), and subsequent deportation to Kenya, of Mr. Anudo. The court ruled that Tanzania had arbitrarily deprived Anudo of his nationality, violating UDHR Article 15(2); and that the state violated Article 13 of the ICCPR by expelling him arbitrarily. The court subsequently ordered Tanzania to amend its legislation to provide individuals with judicial remedies in the event of a dispute over citizenship, specifically concerning Tanzania’s Citizenship Act which contains gaps as it does not allow citizens to exercise a judicial remedy where their nationality is challenged, as required by international law. 39. Under international law, states have traditionally been granted broad discretion in the regulation of nationality matters. This is not, however, an absolute discretion. States' prerogative in nationality matters has been gradually limited by the evolution of human rights law. The Principles on Deprivation of Nationality as a National Security Measure,20 19 GLOBALCIT, ‘Report on Citizenship Law: Tanzania’ (April 2020) Principles on Deprivation of Nationality as a National Security Measure, March 2020. Available at: https://files.institutesi.org/PRINCIPLES.pdf. The Principles were drafted by ISI in collaboration with the Open Society Justice Initiative and with support from the Asser Institute and Ashurst LLP. They were developed over a 30-month research and consultation period, with input from more than 60 leading experts in the fields of human rights, nationality and statelessness, counter-terrorism, refugee protection, child rights, migration and other related areas. At the time of submission, they have been endorsed by over 100 individual experts and organisations, including leading academics, UN Special Rapporteurs and Treaty Body members, litigators, judges, parliamentarians and diplomats. The Principles restate or reflect international law and legal standards under the UN Charter, treaty law, customary international law, general principles of law, judicial decisions and legal scholarship, regional and national law and practice. They articulate the international law obligations of States and apply to 20 8