Report on Citizenship Law: Tanzania
violent uprising and many were forced to flee. This ethno-political revolution saw the Africandominated ASP, which had won the popular vote in the preceding elections, although lacked
the parliamentary majority to govern, take over government and establish a one-party state.
The new government repealed the constitution and replaced it with a series of presidential
decrees, and established a House of Representatives which enacted the Existing Laws Decree66.
This law extended the application of some pre-independence laws and on the citizenship
question, the Nationality and Naturalization Decree 1911, and the Nationality Decree 1952
continued as the law. To consolidate its position, ASP agreed to a union of the Tanganyika
mainland with the islands of Zanzibar.
2.3 The dawn of Tanzania
A few months after the Zanzibar revolution, on 22 April 1964, Tanganyika’s President Nyerere
and Zanzibar’s President Abeid Karume signed Articles of Union under which their countries
would become one sovereign state67. These Articles were ratified by The Union of Tanganyika
and Zanzibar Act enacted on 25 April 196468. This Act provided for modification of the
Constitution of the Republic of Tanganyika to provide for, among others, the reservation to the
Parliament and Executive of the United Republic on matters of citizenship among others.69 On
26 April 1964, Zanzibar and Tanganyika became the United Republic of Tanganyika and
Zanzibar, and on 29 October 1964, the country was renamed the United Republic
of Tanzania70. In November 1964, a decree71, which extended the citizenship laws of
Tanganyika to Zanzibar was passed. In effect, the law made Zanzibaris citizens of the United
Republic72.
Following these events, the Interim Constitution of Tanzania 1965 was promulgated.
It, among others, established a one-party state represented by TANU on the mainland and ASP
in Zanzibar73. A two-tier government granting Zanzibar a degree of autonomy was put in place.
The President of Zanzibar served as the Vice President of Tanzania; additionally, Zanzibar
continued to have its own legislature to legislate on Zanzibar matters that did not fall within
Union matters74. Besides, laying issues of citizenship within Union matters75, the Constitution
did not contain provisions affecting the citizenship law already in place.
In February 1967, TANU published the ‘Arusha Declaration’76, which set the country
on a path of socialism and self-reliance. The Tanzanian version of socialism (known as ujamaa
or ‘familyhood’) aimed at promoting equal opportunities for all, and one of the steps taken in
66
Decree No. 1 of 1964
For a detailed account of how the Union came to be, see I Shivji (2008), Pan-Africanism or Pragmatism:
Lessons of the Tanganyika-Zanzibar Union: Mkuki na Nyoka).
68
The Union of Tanganyika and Zanzibar Act, No. 22 of 1964, available at
ttps://www.wipo.int/edocs/lexdocs/laws/en/tz/tz027en.pdf, accessed 26 July 2019.
69
Ibid, Section 5(1) (a) (vi).
70
South African History Online (SAHO), The United Republic of Tanganyika and Zanzibar is renamed United
Republic of Tanzania, available at https://www.sahistory.org.za/dated-event/united-republic-tanganyika-andzanzibar-renamed-united-republic-tanzania, accessed 26 July 2019.
71
The Extension and Amendment of Laws Decree, No. 5 of 1964, GN No. 652 of 13 November 1964.
72
Shivji, supra note 67, p. 97.
73
The Interim Constitution of Tanzania, Act No. 43 of 1965, section 3.
74
Ibid, sections 13 (1) & 53-55.
75
Ibid, section 85 (1).
76
Available at https://www.marxists.org/subject/africa/nyerere/1967/arusha-declaration.htm, accessed on 21
October 2019
67
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RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)