Report on Citizenship Law: Tanzania or not one was a native depended on the facts of each case20. The status of biracial children was also of concern to the colonialist administrators. Legally, biracial children assumed the nationality of their fathers; however, the colonial state decided cases on individual basis after examining people’s “standard and mode of their life”21. In addition, ‘Commonwealth citizens’ (citizens of Canada, Australia, New Zealand, South Africa, Newfoundland, India, Pakistan, Southern Rhodesia and Ceylon (Sri Lanka)) could register as ‘citizens of the UK and colonies’ based only on twelve months residence – including in a protectorate.22 The status of the natives of Tanganyika was defined in the 1949 Order in Council which rendered persons born in a trust territory (as well as a protectorate), before or after its enactment, British protected persons. Their status was also extended to persons born outside the trust territory to a father born in that territory, and to persons born after the enactment of the Order to a father who was a born in the trust territory or was by then a British protected person23. Since Tanganyika did not have a separate nationality law until it attained independence, all Tanganyikans held the status of British protected persons. As British protected persons, Tanganyikans enjoyed the protection of the Her Majesty, but did not have a right to either a passport or diplomatic protection24. What seems clear is that much as the Act seemed to extend to the colonies and mandated territories or trusteeships, it only applied to those that were of British descent or from states with a privileged status with Britain. It was never meant to extend citizenship status to the colonised. Moreover, compared to the Africans, the Indians and Pakistanis enjoyed a privileged status. It is no surprise then that the issue of race cum indigeneity would always be central to Tanganyika’s later debates on citizenship. As Africans fought for independence, one of the main issues they faced was with regard to the criteria for membership in the post-colonial community. In Tanganyika, as a result of the racial segregation that had characterised the colonial era, the debate on the inclusivity or exclusivity of Tanganyika citizenship revolved around race25. While some leaders, including Julius Nyerere, the leader of the Tanganyika African National Union (TANU), and later, first president of the independent Republic, advocated for an all-inclusive citizenship that recognised the various races in Tanganyika at the time, others were in favour of a definition that recognised as citizens only the indigenous Africans. 20 This was the position taken in the case of Purshottam Narandas Kotak V A Ali Abdullah [1957] 1 EA 321 (CAD), available at https://www.academia.edu/36861132/EA_LAW_REPORTS_1957_VOL_1, pp. 573 – 582, accessed 9 September 2019. In this case, ‘native’ was defined in accordance with section 2 of the Credit to Natives (Restriction) Ordinance to mean ‘any member of any African race, and includes a Swahili, but does not include a Somali or an Abyssinian’. 21 J Brennan (2002), Nation, Race and Urbanization in Dar es Salaam, Tanzania, 1916-1976: PhD diss., Northwestern University, p. 277. 22 British Nationality Act 1948, sections 1(3), 6 and 8. 23 The British Protectorates, Protected States and Protected Persons Order in Council, 1949, section 9. 24 See M Jones, British Nationality Law, (Clarendon Press, Oxford 1956), p. 195. The ambivalence of one’s status as a British protected person was illustrated in the case of Ahmed Seif Kharusi, a former British protected person, who upon applying for British nationality, it had to be decided whether he had become a citizen of Tanzania, in which case he had lost his status as a British protected person, or if he was stateless in which case he might qualify for naturalization or registration as a British national. A debate on the status of Ahmed Seif Kharusi can be found in a Hansard - Modifications of British Nationality Acts HC Deb 17 June 1969 vol 785 cc406-12,available at https://api.parliament.uk/historic-hansard/commons/1969/jun/17/modifications-of-britishnationality-acts, accessed 22 February 2020 25 Aminzade (2013a), supra note 5 at p. 115. 4 RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)

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