SOLVING STATELESSNESS
will be seen in the Tanzania case, people are left vulnerable. However,
it is also a strongly political issue, especially in a context in which rule
of law is weak and documentation is sparse: without sufficient political
buy-in, national legal status can be undermined by both legal and nonlegal measures. Finally, a vital component of whether or not someone
is in practice stateless is empirical citizenship – namely the ability to
be included in the specific locality in which you are living. For someone
to not only be technically recognised as a citizen of a given country but
to also realise the benefits of that citizenship, all three components
(legal, political and local recognition of the legitimacy to belong) need
to be acknowledged and addressed. The dangers of statelessness are
reflected in all three areas, therefore, just as solutions – while focused
primarily on legal solutions – need also to take account of the broader
socio-political context. It follows, therefore, that the refugee policies
of States and the international community as a whole need to be realigned to promote rather than undermine all of these aspects of
national inclusion if statelessness is to be not only resolved, but also
prevented.
3. Tanzania: Statelessness averted
The story of a large group of Burundian refugees in Tanzania who
transitioned from being refugees to having their nationality questioned
(and possibly becoming stateless) to finally receiving Tanzanian
citizenship, points to many of the issues at the heart of the relationship
between refugees and potential or actual statelessness. It is a story in
which, after four decades in exile, and just at the point at which “durable
solutions” were supposedly being realised, a group of refugees found
themselves without a nationality. Although the situation has now
generally been resolved inasmuch as they were finally able to access
Tanzanian citizenship, the process itself nearly left them stateless.
This group of approximately 162,000 former refugees fled genocide
in Burundi for Tanzania in the early 1970s. As part of then-President
Nyerere’s pan-African vision in which African identity superseded
colonially-imposed boundaries, they were allocated large areas of
land given to them by the Tanzanian government under the country’s
Ujamaa village system. Organised into three settlement areas, by
1985 they were considered self-sufficient and the administration of
the settlements was handed over from UNHCR to the government
of Tanzania. By 2007, 82% of this population had been born in
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