Report on Citizenship Law: Tanzania
being in possession of multiple passports122. The TCA was, in a way, the government’s
response to the growing opposition to its inclusive policies, thus endorsing the restrictions on
acquisition of citizenship, dual citizenship and immigration123. The Immigration Act, passed at
about the same time contained further restrictions on issuance of work and residence permits
to foreigners124. Yet, the new citizenship law was not targeted at only foreigners, but was also
later used to disqualify some politicians and revoke their citizenship status which they had
either acquired through registration or naturalisation under the previous law.
Four prominent politicians were embroiled in contested citizenship status. For some
politicians who had been born in Tanzania the government argued that they were disqualified
as citizens under the TCA since their parents had not acquired citizenship, while one was
alleged not to have been born in Tanzania but in Burundi125. In yet another case, a prominent
journalist critical of government and outspoken on corruption had his citizenship revoked by
the minister on the grounds that he had failed to prove his parents’ citizenship 126.
Hence the changes witnessed in the new citizenship law are very much reflection of the
political, economic, social, and the real or perceived nationalistic sentiments that were
happening in 1990s Tanzania.
4. Status of Ethnic Minorities
4.1 Pre-independence migrants
During the colonial period, there was massive recruitment of labour from Mozambique (under
Portuguese leadership), Ruanda-Urundi and Congo (under Belgian leadership), and to a lesser
extent from Kenya and Uganda, to work on Tanganyikan plantations. These migrants did not
automatically become Tanganyikan on independence. Even if they came from two generations
born in Tanganyika, those originating from Mozambique or the Belgian territories were not
British protected persons that qualified for Tanganyikan citizenship. Migrants from British
territories born in the country would have been eligible for registration as a citizen127, and from
1962 the law also provided for those originating from certain other African nonCommonwealth countries (those where liberation struggles were underway) to register as
Tanganyikan128.
122
R Aminzade (2013b), ‘The Dialectic of Nation Building in Postcolonial Tanzania’, The Sociological
Quarterly Vol. 54 (3), p. 353-54.
123
Aminzade (2013a), supra note 5, p. 302.
124
The Immigration Act, No. 7 of 1995, sections 15 (6), 18-22
125
These included Arcado Ntagazwa, a prominent politician and Member of Parliament; Azim Premji, among
others. Some of these politicians later had their citizenship re-granted. Aminzade (2013a), supra note 5, p.304.
For Ntagazwa’s case there was a court case Arcado Ntagazwa v Buyogera Bunyambo [1997] TZCA 21; (26
August 1997); 1997 TLR 242 (TZCA); the trial court nullified the election of Mr Ntagazwa on the ground that
he was not a Tanzanian but a citizen of Burundi. The Appellate court however did not delve into the subject
matter of this appeal as it declared the decision of the court null and void on a preliminary objection.
126
Africa News Service, ‘Tanzania: Gov turns down journo’s application for naturalisation’ 15 February 2002
available at http://citizenshiprightsafrica.org/tanzania-gov-turns-down-journos-application-for-naturalisation/
accessed on 7 December 2019.
127
Tanganyika Citizenship Act, 1961, Section 2.
128
Tanganyika Citizenship Ordinance Amendment Act No. 69 of 1962.
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RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)