SOLVING STATELESSNESS
policy paved the way for legal naturalisation. It was in part because the
population was economically not only self-sufficient but beneficial to
the country that naturalisation could be discussed and made politically
palatable on the national level. The case also highlights, however, the
fragility of this integration where it does not come with legal status. It
is worth stating the obvious in this regard: a durable solution is only
a durable solution when it leads to meaningful citizenship – including
access to all the rights associated with citizenship. As one man said,
“I can’t be a citizen if I am still a refugee”.21 Unequivocally, the only
way in which someone can be said to no longer be a refugee is once
they genuinely have a new or renewed citizenship. As a result, both
citizenship and national refugee policies need to be thought through
carefully to ensure that the two processes complement rather than
contradict each other. In other words, it is important that integration as
a part of refugee policy, and naturalisation as a path to that integration,
reinforce rather than undermine each other.
Second, this scenario shows the need to look beyond a strict legal
reading of the situation to its practical realities. An exclusively legal
reading might have asserted that the majority of the population in
question (who had been born in Tanzania) were citizens all along,
regardless of the fact that they were not acknowledged or treated
as such. But attempting to assert this right might have undermined
the practical solution offered by the government of Tanzania. In
addition, there is a need to look past the official status to the extent
to which rights can be accessed in practice. Following naturalisation,
the new citizens should have had access to a wide spectrum of
rights. However, the announced relocation programme made them
feel that their new status would in practice restrict their rights to
freedom of movement and residence. In addition, the problems that
emerged over relocation as a condition for receiving citizenship
were a symptom of political resistance to naturalisation at both a
national and local level. And while the situation of this population
has now largely been resolved at a legal level, the initial resistance
has not entirely disappeared and the national mood is becoming
less welcoming to those perceived as foreigners. The government
of Tanzania has increasingly been expelling “irregulars” from the
country, and national refugee legislation is only becoming more
21
Interview with former refugee man, Katumba settlement, Tanzania, August
2012. Cited in IRRI, ‘I can’t be a citizen if I am still a refugee’, supra n16.
83
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