Report on Citizenship Law: Tanzania
been long-term immigrants in Tanzania were expelled and deported135. Some persons that were
expelled were effectually rendered stateless136.
Tanzania being a member of the East African Community (EAC) that accords rights of
free movement and residence among member states, the matter was discussed by the EAC
Council of Ministers and it was decided that the EAC Secretary General undertake a factfinding mission; and that the governments of Rwanda and Tanzania meet on the matter; among
others. This was in regard to those citizens of other EAC member states, particularly Rwanda
that had been affected by the deportations. In February 2014, the East Africa Law Society
(EALS) submitted an inquiry as to what remedial measures had been taken by the EAC
Secretary General to resolve the issue, and learned that the two State governments had not yet
met, there was no Peace and Security Council, and though a fact-finding mission took place in
September 2013, the EAC Secretary General had yet to submit the findings to the relevant EAC
organs. The EALS then filed a petition in the East African Court of Justice (EACJ) alleging
that the prolonged inaction and failure to carry out the directives of the Council of Ministers
constituted a breach of the EAC Secretary General’s obligations to investigate matters relevant
to the Community. In its decision issued in March 2016, the EACJ condemned the failure of
the EAC Secretary General to investigate and provide redress for the illegal expulsion of
immigrants, which “if its illegality was confirmed, would constitute a flagrant violation of the
objectives and fundamental principles of the community”137.
As Tanzania turns the tide against its immigrant population, there are some
communities that may lie somewhere on the margins or the periphery. These include those
communities that arrived much earlier particularly during the colonial labour recruitment
process, who may find themselves in a more or less precarious situation as they had been
ineligible for citizenship although they continued to reside in Tanzania. Most notable among
these are the Comorians and the Makonde who now constitute part of Tanzanian’s stateless
population in Zanzibar.
4.2 The Comorians
People of Comorian origin have lived in Zanzibar which is their immediate neighbouring state
and trading hub long before the Omani took over Zanzibar. Comorians arrived in Zanzibar for
different reasons; some went to Zanzibar for economic and social status; from manual labourers
to civil servants and religious leaders138.
Under the 1911 decree on Zanzibar nationality, Comorians would only become subjects
of the Sultan by application139. From 1952, Zanzibari nationality was automatically attributed
135
Operation Kimbunga was launched in September 2013 to expel “illegal immigrants” living in Tanzania
without a permit - see Manby, Statelessness, supra note 130, page 65.
136
See for example, R Naluyaga (2013), ‘Expelled immigrants stranded as ‘countries of origin’ deny their
citizenship’, The East African, 21 September 2013 available at https://www.theeastafrican.co.ke/news/Expelledimmigrants-stranded/2558-2001848-format-xhtml-sejgwg/index.html, accessed 23 March 2020.
137
East African Law Society v. Secretary General of the EAC, Ref. No. 7 of 2014, Judgment of 22 March 2016,
available at
http://eacj.org/wp-content/uploads/2016/04/Referene-No-7-of-2014-Judgment-of-22-March-2016.pdf accessed
on 7 November 2019.
138
For more information on the Comorians in Zanzibar, see I Walker (2014), ‘Identity and citizenship among
the Comorians of Zanzibar, 1886-1963’ in A Sheriff & E Ho (eds.), The Indian Ocean: Oceanic Connections &
Creation of New Societies: London: Hurst & Co.
139
Manby, Statelessness, supra note 130, p. 63.
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RSCAS/GLOBALCIT-CR 2020/6- © 2020 Author(s)