Report on Citizenship Law: Tanzania
migrants, including marginalised communities and refugees, be necessarily covered by this
provision? Other conditions for eligibility are not mentioned, leaving it within the purview of
each government.
By inference, it seems that citizenship matters generally will no longer be Union matters
but federal matters. In fact in the schedule which lays out union matters, only citizenship by
immigration is mentioned. Considering that this type of citizenship has not been mentioned in
the main body of the draft constitution, this is likely to create confusion as to which aspects of
citizenship fall within the purview of each of the proposed tiers of government. Consequently,
the draft constitution creates ambivalence over who is in charge of citizenship matters and
which body or government may legislate upon it. This is all the more important because the
draft constitution prescribes as qualification for a number offices that one should be a citizen
by birth coupled with descent from at least one Tanzanian parent. These offices include:
president of the United Republic; vice-president; minister or deputy minister; attorney-general;
chairman, deputy chairman and members of the Electoral Commission166. For other offices
such as Member of Parliament; chairpersons of the Commission for Ethics and the Commission
for Human Rights, they only need to be citizens of the United Republic. The ambivalences
under the proposed draft as to who decides on citizenship would potentially result in different
interpretations as to who may or may not qualify for such offices.
In spite of the debate on dual citizenship, or precisely because of it, the proposed draft
constitution does not make any mention of dual citizenship. Opinions on the issue seem to be
divided, but during the constitutional review debates, it seems to have been rejected167. The
government seems to be taking a rather cautious approach on dealing with the issue even where
it has been strongly recommended by the Law Reform Commission of Tanzania168, but its noninclusion in the constitution renders it more of a grey-area rather than reflecting the
considerably more decisive stance under the current citizenship law.
The proposed draft, quite remarkably, fails to provide for deprivation of citizenship. It
contains a rather perfunctory provision to the effect that Parliament will make laws for
supervising matters concerning citizenship. Since it is not clear which aspects of citizenship
fall under the authority Union Parliament and which ones fall under the authority of the federal
Parliaments, this leaves room for further ambivalence and inconsistency in the laws on
citizenship.
One advantage of laying out some of the key provisions on citizenship within the
constitution rather than elaborating them in a dedicated citizenship law is that it provides a
much needed leeway to challenge the constitutionality of any later law or action taken pursuant
to a law, if they go against the general constitutional provisions. Additionally, if promulgated
after a legitimate public consultation exercise, the constitutional provisions would be reflective
of the widely held position on citizenship than a law passed in the ordinary course of legislative
process probably would.
166
See also, Kituo cha Katiba (2013), Report of East African Consultative Theme on the Tanzania
Constitutional Review Process, p. 48, available at
http://constitutionnet.org/sites/default/files/report_on_the_tanzania_draft_constitution_jan_2014_0.pdf accessed
on 8 December 2019.
167
Manby, Statelessness, supra note 130, p.14.
168
P Msekwa (2016), ‘The issue of dual citizenship in Tanzania – revisiting recommendations by the Law
Reform Commission’ Tanzania Daily News 8 September 2016.
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RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)