Report on Citizenship Law: Tanzania Save for the express provisions on loss of citizenship for persons that held dual citizenship, where they did not renounce their other citizenship by the specified date, the 1961 constitution did not contain any specific provisions on loss of citizenship. The only other explicit provision to that effect stated that ‘Parliament may make provision for the renunciation by any person of his citizenship of Tanganyika’46. It therefore follows, by way of argument, that those who did not meet any of the specified citizenship eligibility criteria were disqualified from citizenship. The provisions of the Constitution, 1961 were replicated almost verbatim in the Citizenship Act of Tanganyika, 1961. Suffice to note, the Act did not lay out any explicit provisions on loss of citizenship but only provided that Parliament may make laws to that effect47. Apparently, this Act was passed after a furious debate that focussed mainly on issues of race48. Moreover, the Act has been commended for turning out to be ‘very inclusive’49 and non-racial. Asians and Europeans could register as Tanzanians during the transitional period, or qualify as citizens by birth if both they and either of their parents was born in Tanganyika. Owing to the government’s resource constraints in processing the citizenship applications and enforcing the law, many people were not registered by 31 December1963, the statutory deadline. For instance, it is reported that of the approximately 92,000 Asians in Tanganyika, only 21,557 registered for citizenship although the number that qualified was about 60,00050. The government, however, threatened to detain and deport those noncitizen traders, who were mostly Asians, if they did not hold a temporary permit pending approval of their citizenship status51. Despite the generous or inclusive provisions of the 1961 Act, the debate on Africanisation and indigenisation did not abate. In 1962, in the spirit of Pan-Africanism and to demonstrate support for independence movements, an amendment to the Citizenship Act extended citizenship rights to ‘persons of African descent from Angola, the Cape Verde Islands, the Comorian Islands, French Somaliland, Mozambique, Portuguese Guinea, the San Tome and Principe Islands, Spanish West Africa, and the Republic of South Africa’52. In 1963, yet another amendment53 was made which entitled any woman who, after 8 December 1961, is married to a person who becomes a citizen of Tanganyika, to apply for registration as a citizen. A couple of things to note about the Tanganyika law on citizenship: one is that it had a sex bias when it came to who qualified for citizenship status. While a foreign woman married to a Tanganyikan man could apply for registration as a citizen, the reverse for men was not true. A foreign man could not qualify for citizenship by mere marriage to a Tanganyikan woman. In addition, a child born abroad could only acquire Tanganyikan citizenship if it was the father that was the Tanganyikan citizen. A Tanganyikan woman could not pass on citizenship to a child born abroad, if its father was not Tanganyikan. Secondly, the law tried to reverse the colonial racial hierarchical segregation by granting opportunities for non46 Tanganyika Constitution, 1961, section 9 (3). Tanganyika Citizenship Act, 1961, section 9 (2-3). 48 Aminzade (2013a), supra note 5, pp. 115-6; Miller, supra note 19, pp.105-7. 49 Aminzade, Ibid. 50 Ibid, p. 118. 51 Miller, supra note 19, p. 142. 52 An Act to Amend the Tanganyika Citizenship Ordinance, 1961, No. 69 of 1962: Dar es Salaam, Government Printer, December 9, 1962. Moreover, for such persons to register for citizenship they had to fulfil certain conditions, namely, they had to identify their country of origin, should have resided in Tanzania for at least five years, and should know Swahili or English. See Miller, ibid, p. 127. 53 Citizenship (Amendment) Act, No. 19 of 1963. 47 8 RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)

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