Tanzanian nationality law
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Tanzania Tanzania (; ), officially the United Republic of Tanzania ( sw, Jamhuri ya Muungano wa Tanzania), is a country in East Africa within the African Great Lakes region. It borders Uganda to the north; Kenya to the northeast; Comoro Islands and ...
n
nationality law Nationality law is the law of a sovereign state, and of each of its jurisdictions, that defines the legal manner in which a national identity is acquired and how it may be lost. In international law, the legal means to acquire nationality and for ...
is regulated by the
Constitution of Tanzania The Constitution of Tanzania, formally Constitution of the United Republic of Tanzania and also known as Permanent Constitution or Fourth Constitution of Tanzania, was ratified in 1977. Before the current establishment, Tanzania has had three con ...
, as amended; the Tanzania Citizenship Act, and its revisions; and various international agreements to which the country is a signatory. These laws determine who is, or is eligible to be, a national of Tanzania. The legal means to acquire
nationality Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
. Nationality describes the relationship of an individual to the state under international law, whereas citizenship is the domestic relationship of an individual within the nation.
Commonwealth countries The Commonwealth of Nations is a voluntary association of 56 sovereign states. Most of them were British colonies or dependencies of those colonies. No one government in the Commonwealth exercises power over the others, as is the case in a po ...
, including Tanzania, often use the terms nationality and citizenship as synonyms, despite recognising their legal distinction and the fact that they are regulated by different governmental administrative bodies. For much of Tanzania's history
racist Racism is the belief that groups of humans possess different behavioral traits corresponding to inherited attributes and can be divided based on the superiority of one race over another. It may also mean prejudice, discrimination, or antagonism ...
policy curtailed domestic rights and nationality. Tanzanian nationality is typically obtained under the principle of
jus soli ''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contras ...
, i.e. by birth in the territory, or
jus sanguinis ( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
, i.e. by birth in Tanzania or abroad to parents with Tanzanian nationality. It can be granted to persons with an affiliation to the country, or to a permanent resident who has lived in the country for a given period of time through naturalisation.


Acquisition of nationality

Persons can acquire nationality in Tanzania by birth or later in life through naturalisation.


By birth

Any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted Tanzanian nationality, except for children of a father who has
diplomatic immunity Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
, or parents who were
enemy aliens In customary international law, an enemy alien is any native, citizen, denizen or subject of any foreign nation or government with which a domestic nation or government is in conflict and who is liable to be apprehended, restrained, secured and ...
and the territory was under enemy occupation. In practice, to acquire nationality at birth the parents must also be Tanzanian, or the parents must be unknown, as in the case of an abandoned child. A person born outside Tanzania enjoys a right to Tanzanian nationality from birth provided that at least one parent is a Tanzanian by birth or naturalization. However, some Tanzanians born abroad may not pass their nationality on to their children, meaning that if a child's father acquired nationality by birth abroad, the child can only acquire nationality through naturalisation. The same rule does not apply to children born abroad to a mother who acquired nationality by birth abroad.


By naturalisation

Any foreign national with no ancestry or birth ties with Tanzania may apply for
naturalisation Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
. In order for a foreign national to become Tanzanian they must have resided in the territory for a sufficient period of time to confirm they understand either Swahili or the
English language English is a West Germanic language of the Indo-European language family, with its earliest forms spoken by the inhabitants of early medieval England. It is named after the Angles, one of the ancient Germanic peoples that migrated to the is ...
and the customs and traditions of the society. General provisions are that applicants must be of the
age of majority The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
and have
legal capacity Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person ( ...
; have good character; have the ability to contribute to the growth of the social and cultural advancement of the country; and intend to permanently reside in the territory. Residency for the full year preceding an application is required, as well as evidence that over the preceding ten-year period, the applicant has cumulatively lived in Tanzania for at least seven years. Following the lodging of the application and paying fees to the Ward Executive Secretary or Zanzibari Sheha, local village administrators, the application is sent to the District Immigration Office. The applicant must publish a notice of intention to naturalise in two consecutive issues of the registered newspapers. After the application has been scrutinised by various officials, a final recommendation is made to the
Minister of Home Affairs An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...
. If the application is successful, applicants must must renounce foreign nationality and take an
oath of allegiance An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...
. Besides foreigners meeting the criteria, other persons who may be naturalized include: * Children born abroad to a father who acquired nationality by descent because of his birth abroad may naturalise without meeting other requirements; * Minor children may be naturalised simultaneously with their parents; * Adoptees may apply for naturalisation upon completion of a legal adoption; * Any minor may be naturalised at the discretion of the Minister of Home Affairs if special circumstances exist; * The wife of a Tanzanian husband may upon request become naturalised, if she is willing to renounce other nationality and take an oath of allegiance, unless she previously was
denaturalised Denaturalization is the loss of citizenship against the will of the person concerned. Denaturalization is often applied to ethnic minorities and political dissidents. Denaturalization can be a penalty for actions considered criminal by the state ...
or renounced Tanzanian nationality; or * Wives who previously lost Tanzanian nationality must obtain approval from the Minister of Home Affairs.


Loss of nationality

Tanzanian nationals can voluntarily renounce it by registering a request, providing proof of other nationality, surrendering their Tanzanian passport, and obtaining approval from the Minister of Home Affairs. Nationals by birth or naturalisation may be
denaturalized Denaturalization is the loss of citizenship against the will of the person concerned. Denaturalization is often applied to ethnic minorities and political dissidents. Denaturalization can be a penalty for actions considered criminal by the state ...
in Tanzania for obtaining other nationality. Those who acquired Tanzanian status by naturalisation may have their citizenship revoked for acting in a foreign country in a manner, such as voting or holding elected office, which is an exclusive right of a citizen; for fraud in a naturalisation application; for criminal convictions carrying a sentence of at least twelve months within five years of naturalisation; for disloyal behaviour or crimes against the state; or for five years residence abroad without registering with authorities their intention to retain Tanzanian nationality. Re-acquisition of nationality that has been lost through renunciation by a woman who married a foreigner, may be granted at the discretion of the Minister of Home Affairs.


Dual nationality

Tanzania does not allow its nationals to hold
dual nationality Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on t ...
, except in the case of persons under the age of eighteen who had multiple nationality from birth. Multiple nationals automatically lose their Tanzanian citizenship at majority, unless they renounce all other nationality.


Commonwealth citizenship

The State of Tanganyika became a member of the
Commonwealth of Nations The Commonwealth of Nations, simply referred to as the Commonwealth, is a political association of 56 member states, the vast majority of which are former territories of the British Empire. The chief institutions of the organisation are the Co ...
on 9 December 1961 and
Zanzibar Zanzibar (; ; ) is an insular semi-autonomous province which united with Tanganyika in 1964 to form the United Republic of Tanzania. It is an archipelago in the Indian Ocean, off the coast of the mainland, and consists of many small islands ...
joined the Commonwealth on 10 December 1963. Since 26 April 1964, following the merger of the Tanganyika and Zanzibar, the United Republic of Tanganyika and Zanzibar (known as the United Republic of Tanzania since 29 October 1964) was a Commonwealth country. Being that it is a member of the Commonwealth of Nations, in the United Kingdom, Tanzanian citizens are also
Commonwealth citizen A Commonwealth citizen is a citizen or qualified national of a Commonwealth of Nations member state. Most member countries do not treat citizens of other Commonwealth states any differently from foreign nationals, but some grant limited citizen ...
s, a status which entitles them to certain rights and benefits in that country. Amongst some of the benefits, in some countries without Tanzanian consular representation, citizens of the United Republic may enquire or seek assistance with the United Kingdom's High Commission. Tanzanians may not hold office, vote, or enter or work in other Commonwealth countries without visas or permits.


East African Community citizenship

In 1967,
Kenya ) , national_anthem = "Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
, Tanzania, and
Uganda }), is a landlocked country in East Africa East Africa, Eastern Africa, or East of Africa, is the eastern subregion of the African continent. In the United Nations Statistics Division scheme of geographic regions, 10-11-(16*) territor ...
signed the Treaty for East African Cooperation, creating the
East African Community The East African Community (EAC) is an intergovernmental organisation composed of seven countries in the Great Lakes region of East Africa: the Democratic Republic of the Congo, the United Republic of Tanzania, the Republics of Kenya, Burundi, ...
. It collapsed in 1977, but negotiations continued until 1984 on final dissolution because of an inability to reach agreement on the distribution of the organizations assets and liabilities. In November 1999, the three countries signed a new treaty to reestablish the organization effective on 7 July 2000. The community expanded to include
Burundi Burundi (, ), officially the Republic of Burundi ( rn, Repuburika y’Uburundi ; Swahili language, Swahili: ''Jamuhuri ya Burundi''; French language, French: ''République du Burundi'' ), is a landlocked country in the Great Rift Valley at the ...
,
Rwanda Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...
and since 2016, has included
South Sudan South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the C ...
. The organization has a shared East African Legislative Assembly, East African Court of Justice and issues an East African Passport to assist in free movement of EAC citizens in member countries. National identity cards can also be used to verify that an individual is a national of a member country. It also has developed policies to assist local business in facilitating trade and attracting foreign investments, through a
common market The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
system launched in 2010. Under the terms of the common market treaty capital, goods, labour and services were to be allowed free movement within the member countries, meaning tariff barriers and obstacles to trade were removed; workers and their family members would not be subject to discriminatory labour laws or permits; and business, communication, distribution, education, financial, tourist, and transport services would operate freely among members.


History

Humans began settling in the region some ten thousand years establishing small villages throughout the eastern part of the
Rift Valley A rift valley is a linear shaped lowland between several highlands or mountain ranges created by the action of a geologic rift. Rifts are formed as a result of the pulling apart of the lithosphere due to extensional tectonics. The linear dep ...
. The first known people were
Khoisan Khoisan , or (), according to the contemporary Khoekhoegowab orthography, is a catch-all term for those indigenous peoples of Southern Africa who do not speak one of the Bantu languages, combining the (formerly "Khoikhoi") and the or ( in t ...
-speakers, who were joined by
Cushitic The Cushitic languages are a branch of the Afroasiatic language family. They are spoken primarily in the Horn of Africa, with minorities speaking Cushitic languages to the north in Egypt and the Sudan, and to the south in Kenya and Tanzania. As o ...
migrants from Ethiopia around 1000 BC, and later
Bantu peoples The Bantu peoples, or Bantu, are an ethnolinguistic grouping of approximately 400 distinct ethnic groups who speak Bantu languages. They are native to 24 countries spread over a vast area from Central Africa to Southeast Africa and into Southern A ...
who arrived in the western region around 1000 AD. These various groups had little interaction. By the tenth century, semi-
nomadic A nomad is a member of a community without fixed habitation who regularly moves to and from the same areas. Such groups include hunter-gatherers, pastoral nomads (owning livestock), tinkers and trader nomads. In the twentieth century, the popu ...
Nilotic peoples The Nilotic peoples are people Indigenous peoples of Africa, indigenous to the Nile Valley who speak Nilotic languages. They inhabit South Sudan, Sudan, Ethiopia, Uganda, Kenya, the Democratic Republic of the Congo, Rwanda, Burundi and Tanzania. ...
had begun to settle in the north and northwestern region. Most of these Nilotic people settled in permanent villages and intermarried with Bantu people, but some groups, like the
Maasai people The Maasai (; sw, Wamasai) are a Nilotic ethnic group inhabiting northern, central and southern Kenya and northern Tanzania. They are among the best-known local populations internationally due to their residence near the many game parks of t ...
retained their nomadic traditions. Through the eighteenth century, most settlements in the region were scattered and independently governed. Between 1000 and 1300 AD
Persian Persian may refer to: * People and things from Iran, historically called ''Persia'' in the English language ** Persians, the majority ethnic group in Iran, not to be conflated with the Iranic peoples ** Persian language, an Iranian language of the ...
and
Arab The Arabs (singular: Arab; singular ar, عَرَبِيٌّ, DIN 31635: , , plural ar, عَرَب, DIN 31635: , Arabic pronunciation: ), also known as the Arab people, are an ethnic group mainly inhabiting the Arab world in Western Asia, ...
merchants began settling along the Swahili coast and offshore islands, establishing villages and Afro-Arab trade networks. By the fifteenth century, these trade networks dominated the coastal area.


African and outsider contact (1498–1884)

In 1498,
Portuguese Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portu ...
navigator
Vasco da Gama Vasco da Gama, 1st Count of Vidigueira (; ; c. 1460s – 24 December 1524), was a Portuguese explorer and the first European to reach India by sea. His initial voyage to India by way of Cape of Good Hope (1497–1499) was the first to link E ...
reached the
African Great Lakes The African Great Lakes ( sw, Maziwa Makuu; rw, Ibiyaga bigari) are a series of lakes constituting the part of the Rift Valley lakes in and around the East African Rift. They include Lake Victoria, the second-largest fresh water lake in the ...
coast, and landed at
Quelimane Quelimane () is a seaport in Mozambique. It is the administrative capital of the Zambezia Province and the province's largest city, and stands from the mouth of the Rio dos Bons Sinais (or "River of the Good Signs"). The river was named when V ...
, before proceeding north to encounter hostile Arab sultanates, which were aligned with the
Kilwa Sultanate The Kilwa Sultanate ( fa, پادشاهی کیلوا) was a sultanate, centered at Kilwa Kisiwani, Kilwa (an island off modern-day, Kilwa District in Lindi Region of Tanzania), whose authority, at its height, stretched over the entire length of t ...
. In 1500,
Pedro Álvares Cabral Pedro Álvares Cabral ( or ; born Pedro Álvares de Gouveia; c. 1467 or 1468 – c. 1520) was a Portuguese nobleman, military commander, navigator and explorer regarded as the European discoverer of Brazil. He was the first human in ...
landed on
Kilwa Island Kilwa Island is an island on Lake Mweru, Zambia. It was known to Arab and Swahili traders of ivory, copper and slaves, who used the island on the lake as a base at one time. This lake island is named after the original Indian ocean island Kilwa ...
and two years later, da Gama returned to the island and claimed it for Portugal. In 1503 or 1504, Ruy Lourenço Marques Ravasco (also known as Rui Lourenço Ravasco) landed on
Unguja Unguja (also referred to as "Zanzibar Island" or simply "Zanzibar", in grc, Μενουθιάς, Menuthias – as mentioned in The ''Periplus of the Erythraean Sea'') is the largest and most populated island of the Zanzibar archipelago, in Tanza ...
and engaged in a battle with the local inhabitants. Defeating the local ruler, Portugal laid claim to
Zanzibar Zanzibar (; ; ) is an insular semi-autonomous province which united with Tanganyika in 1964 to form the United Republic of Tanzania. It is an archipelago in the Indian Ocean, off the coast of the mainland, and consists of many small islands ...
. In 1505,
Francisco de Almeida Dom Francisco de Almeida (), also known as the Great Dom Francisco (c. 1450 – 1 March 1510), was a Portuguese nobleman, soldier and explorer. He distinguished himself as a counsellor to King John II of Portugal and later in the wars against the ...
seized the island and began construction of a trading fort at São Thiago. In 1652, Omani tribesmen from
Muscat Muscat ( ar, مَسْقَط, ) is the capital and most populated city in Oman Oman ( ; ar, عُمَان ' ), officially the Sultanate of Oman ( ar, سلْطنةُ عُمان ), is an Arabian country located in southwestern Asia. It is s ...
attacked the Portuguese settlements on
Pemba Island Pemba Island ( ar, الجزيرة الخضراء ''al-Jazīra al-khadrā'', literally "The Green Island"; sw, Pemba kisiwa) is a Tanzanian island forming part of the Zanzibar Archipelago, lying within the Swahili Coast in the Indian Ocean. Geog ...
and Zanzibar. They continued attacks along the coast to the
Ruvuma River Ruvuma River, formerly also known as the Rovuma River, is a river in the African Great Lakes region. During the greater part of its course, it forms the border between Tanzania and Mozambique (in Mozambique known as ''Rio Rovuma''). The river is ...
in the 1660s and by 1698 had captured
Fort Jesus Fort Jesus (Portuguese: ''Forte Jesus de Mombaça, Spanish: Fuerte de Jesús'') is a fort located on Mombasa Island. Designed by Italian Giovanni Battista Cairati, it was built between 1593 and 1596 by order of King Felipe II of Castille, ...
, on
Mombasa Island Mombasa Island is a coral outcrop located on Kenya's coast on the Indian Ocean, which is connected to the mainland by a causeway. Part of the city of Mombasa is located on the island, including the Old Town. History The old town of Mombasa is ...
. By the late eighteenth century the
Omani Empire The Omani Empire ( ar, الإمبراطورية العُمانية) was a maritime empire, vying with Portugal and Britain for trade and influence in the Persian Gulf and Indian Ocean. At its peak in the 19th century, Omani influence or control ...
had established control over Kilwa and the coastal region. Few foreign explorers or merchants attempted to travel into the interior until the eighteenth century. By 1800,
Nyamwezi people The Nyamwezi, or ''Wanyamwezi'', are one of the Bantu groups of East Africa. They are the second-largest ethnic group in Tanzania. The Nyamwezi people's ancestral homeland is in parts of Tabora Region, Singida Region, Shinyanga Region and Katavi R ...
had begun participating in trade with the coast. Between 1811 and 1820, the Sultan of Zanzibar sent caravans inland in search of ivory and slaves. By 1830, Arab-Swahili merchants had networks running from the coastal towns to trading posts in
Tabora Tabora is the capital of Tanzania's Tabora Region and is classified as a municipality by the Tanzanian government. It is also the administrative seat of Tabora Urban District. According to the 2012 census, the district had a population of 226,999. ...
and as far west as
Ujiji Ujiji is a historic town located in Kigoma-Ujiji District of Kigoma Region in Tanzania. The town is the oldest in western Tanzania. In 1900, the population was estimated at 10,000 and in 1967 about 41,000. The site is a registered National His ...
and from
Lake Tanganyika Lake Tanganyika () is an African Great Lake. It is the second-oldest freshwater lake in the world, the second-largest by volume, and the second-deepest, in all cases after Lake Baikal in Siberia. It is the world's longest freshwater lake. ...
in the south to the
Kingdom of Buganda Buganda is a Bantu kingdom within Uganda. The kingdom of the Baganda people, Buganda is the largest of the traditional kingdoms in present-day East Africa, consisting of Buganda's Central Region, including the Ugandan capital Kampala. The 14 m ...
in the north. Increased activity from Europeans and Americans began in the early nineteenth century. Britain signed the
Moresby Treaty The Moresby Treaty was an anti-slavery treaty made between Sayyid Said, Sultan of Muscat and Oman and Fairfax Moresby, senior officer of Mauritius, on behalf of Britain in September 1822.McIntyre, C., & McIntyre, S. (2009). ''Zanzibar''. Guilford: ...
with the Sultan of Zanzibar, outlawing the sale of slaves to Christian merchants. Further treaties were conclude in 1833 with the United States, 1844 with France, and 1858 with Germany to allow trade in the region. By the end of the nineteenth century, Germany and Britain were competing for control of the area.


Tanganyika


German rule (1884–1922)

In November 1884,
Carl Peters Carl Peters (27 September 1856 – 10 September 1918), was a German colonial ruler, explorer, politician and author and a major promoter of the establishment of the German colony of East Africa (part of the modern republic Tanzania). Life H ...
was sent to the area by the
Society for German Colonization The Society for German Colonization (german: Gesellschaft für Deutsche Kolonisation, GfdK) was founded on 28 March 1884 in Berlin by Carl Peters. Its goal was to accumulate capital for the acquisition of German colonial territories in overseas cou ...
and secured twelve treaties with local rulers granting Germany territorial rights to an area of around 2,500 square miles stretching from Usagara southward to the
Nguru Mountains The Nguru Mountains are a mountain range in Morogoro Region, Tanzania, Africa. The Nguru Mountains are part of the Eastern Arc Mountains. The mountains are predominantly covered with rainforest, home to 83 species of birds (Romdal 2001) and Africa ...
and then east to the Uzigua Forest in the current
Pwani Region Pwani Region (''Mkoa wa Pwani'' in Swahili) is one of Tanzania's 31 administrative regions. The word "''Pwani''" in Swahili means the "''coast''". The regional capital is the town of Kibaha. The Region borders the Tanga Region to the north, Mor ...
, before meeting the coast at Ukami, near
Dar es Salaam Dar es Salaam (; from ar, دَار السَّلَام, Dâr es-Selâm, lit=Abode of Peace) or commonly known as Dar, is the largest city and financial hub of Tanzania. It is also the capital of Dar es Salaam Region. With a population of over s ...
. In February 1885, Kaiser William I issued a decree acknowledging the annexations and gave Peters a charter to colonize and govern the area. Dar es Salaam was ceded to the Germans on 19 August 1885, and Britain agreed to Germany's establishment of a protectorate over the area between the Ruvuma River and the Kenyan border. In 1886 an Anglo-German agreement divided the territories controlled by the Sultan of Zanzibar between Britain and Germany, leaving the Sultan in control of the
Lamu Archipelago The Lamu Archipelago is located in the Indian Ocean close to the northern coast of Kenya, to which it belongs. The islands lie between the towns of Lamu and Kiunga, near the Coast Province. It is a part of Lamu District. The largest of the isl ...
,
Mafia "Mafia" is an informal term that is used to describe criminal organizations that bear a strong similarity to the original “Mafia”, the Sicilian Mafia and Italian Mafia. The central activity of such an organization would be the arbitration of d ...
and Pemba Islands, and Zanzibar as well as a strip of land on the mainland coast from
Kipini Kipini is a historic Swahili settlement in Kenya's Coast Province The Coast Province ( sw, Mkoa wa Pwani) of Kenya, along the Indian Ocean, was one of Kenya's eight provinces. It comprises the Indian Ocean coastal strip with the capital city a ...
to Tunghi Bay near
Mikindani Mikindani (''Mji wa kale wa Mikindani'' in Swahili language, Swahili) is a historic coastal town located in Mtwara-Mikindani District of Mtwara Region in Tanzania. The name comes from the Swahili word ''mikinda'' which means "young coconut trees". ...
, extending inland ten miles. In 1888, Germany was granted a fifty-year lease over the coastal strip by the Sultan of Zanzibar, giving it virtual control of the mainland territory of modern Tanzania. Under the terms of the German Colonial Act of 1888, German colonies were not part of the
federal union A federation (also known as a federal state) is a political entity characterized by a political union, union of partially Federated state, self-governing provinces, states, or other regions under a central #Federal governments, federal gover ...
, but they were also not considered foreign. Thus, laws that were extended to the colonies sometimes treated residents as nationals and other times as foreigners. German law applied to those subjects who had been born in Germany. Native subjects in the colonies were not considered to be German, but were allowed to naturalize. Naturalization required ten years residence in the territory and proof of self-employment. It was automatically bestowed upon all members of a family, meaning children and wives derived the nationality of the husband. In 1894 the German government established
German East Africa German East Africa (GEA; german: Deutsch-Ostafrika) was a German colony in the African Great Lakes region, which included present-day Burundi, Rwanda, the Tanzania mainland, and the Kionga Triangle, a small region later incorporated into Mozam ...
, including parts of present day
Burundi Burundi (, ), officially the Republic of Burundi ( rn, Repuburika y’Uburundi ; Swahili language, Swahili: ''Jamuhuri ya Burundi''; French language, French: ''République du Burundi'' ), is a landlocked country in the Great Rift Valley at the ...
,
Rwanda Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...
, and Tanzania as a formal colony under its protection. Under German rule,
British Indians British Indians are citizens of the United Kingdom (UK) whose ancestral roots are from India. This includes people born in the UK who are of Indian origin as well as Indians who have migrated to the UK. Today, Indians comprise about 1.4 mil ...
, who had first migrated as traders to the region in 1832 and later served as
indentured workers Indentured servitude is a form of labor in which a person is contracted to work without salary for a specific number of years. The contract, called an "indenture", may be entered "voluntarily" for purported eventual compensation or debt repayment, ...
to build the railway, were not considered to be British, and held a status akin to natives in German East Africa. The Nationality Law of 1913 changed the basis for acquiring German nationality from
domicile Domicile may refer to: * Home, a place where someone lives * Domicile (astrology) In astrology, a planet's domicile (or less commonly house, not to be confused with the astrological house system) is the zodiac sign over which it has rulership ...
to
patrilineality Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritanc ...
, but did not alter derivative nationality. In 1914 during
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, German and British forces skirmished in the northern border region of German East Africa. By the end of 1916, Belgian and British forces established a military occupation for the territory north of the Tanganyika Railway. By March 1918, the Germans had been driven south to
Portuguese Mozambique Portuguese Mozambique ( pt, Moçambique) or Portuguese East Africa (''África Oriental Portuguesa'') were the common terms by which Mozambique was designated during the period in which it was a Portuguese Empire, Portuguese colony. Portuguese Moz ...
and a British military administrator took over the management of German East Africa. Three years after the
Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June ...
was signed in 1919,
Tanganyika Territory Tanganyika was a colonial territory in East Africa which was administered by the United Kingdom in various guises from 1916 to 1961. It was initially administered under a military occupation regime. From 20 July 1922, it was formalised into a L ...
became a League of Nations mandated territory, under the authority of Britain.


British mandate/trust territory of Tanganyika (1922–1961)

Britain officially began its mandate over Tanganyika on 20 July 1922 acquiring
extraterritorial jurisdiction Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the externa ...
over British subjects in the territory. Under British law, mandated territories were outside the Crown's dominions, meaning that British nationality laws did not apply to natives, but only to British subjects born to British fathers who may have been domiciled in a mandated place. As a protected territory, Britain took responsibility for both internal and external administration, including defense and foreign relations. Indigenous persons who were born in a mandate were treated as British Protected Persons and were not entitled to be British nationals. On 13 December 1946, the territory officially became a
United Nations Trust Territory United Nations trust territories were the successors of the remaining League of Nations mandates and came into being when the League of Nations ceased to exist in 1946. All of the trust territories were administered through the United Natio ...
. By the 1949 British
Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
, persons who were indigenous to Tanganyika were defined as Protected Persons, outside the nationality schemes for British subjects, and acquisition of protected status depended upon birth in the territory or abroad to father who was a native of Tanganyika.


Zanzibar Protectorate (1890–1963)

The British established a protectorate over the islands of Zanzibar and Pemba on 4 November 1890, acquiring extraterritorial jurisdiction over British subjects. To gain Germany's acceptance for the creation of the protectorate, Britain ceded
Heligoland Heligoland (; german: Helgoland, ; Heligolandic Frisian: , , Mooring Frisian: , da, Helgoland) is a small archipelago in the North Sea. A part of the German state of Schleswig-Holstein since 1890, the islands were historically possessions ...
to Germany that year. British Nationality Acts did not extend beyond the bounds of the
United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great B ...
, meaning that under Britain's rules of conquest, laws in place at the time of acquisition remained in place until changed. Because the Sultan of Zanzibar had an existing government, Zanzibar was treated as a Protected State under British laws, rather than a protectorate, for which Britain would have administered internal and external government functions.


Zanzibari subjects in the protectorate (1911–1963)

In 1911, the Sultan of Zanzibar passed the Nationality and Naturalsation Decree (No. 12), which defined Zanzibari subjects as persons born or naturalised in Zanzibar, persons born abroad to a Zanzibari father, and wives of Zanzibari husbands. In 1952, the 1911 Decree was repealed, but persons who had acquired Zanzibari nationality under its provisions were confirmed as continuing to be Zanzibari subjects. The new Nationality Decree (No. 30-52) provided that anyone born in Zanzibar was Zanzibari, unless they were subjects of Belgium, France, or Portugal, as well as anyone born anywhere to a Zanzibari father. For those born abroad, their children could not derive their nationality without being born in Zanzibar, meaning that only one generation could acquire nationality abroad by descent. Minor children and wives of any Zanzibari subject could be registered as nationals upon request and taking an oath of allegiance. Requirements for naturalisation included legal majority and capacity; a continuous residency in the dominions of the Sultan of three years or five years if not continuous; knowledge of Arabic, English, or Kiswahili; and evidence of good character. A minor amendment was made to these provisions by Decree No. 16 in 1958, which required continuous residence in the dominions of the Sultan for the year prior to application and cumulative residency of four years over the previous seven-year period.


Indian and other British protected persons living in the Zanzibar Protectorate (1914–1963)

When British protectorates were established in 1815, there was little difference between the rights of British subjects and protected persons. Other than common law, there was no standard statutory law which applied for subjects throughout the realm, meaning different jurisdictions created their own legislation for local conditions, which often conflicted with the laws in other jurisdictions in the empire. Thus, a person who was naturalised in Canada, for example, would be considered a foreigner, rather than a British national, in Australia or South Africa. Similarly, Indians born in the
British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was himsel ...
were considered to be British subjects with full rights throughout the realm, but Indians born in the
Princely state A princely state (also called native state or Indian state) was a nominally sovereign entity of the British Raj, British Indian Empire that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule, ...
s or the territories Britain governed in East Africa were considered to be British Protected Persons (BPPs). By 1914, British protectorates were considered to be foreign territories lacking an internal government. When Britain extended this status over a territory, it took responsibility for both internal and external administration, including defense and foreign relations. Indigenous persons who were born in a protectorate were known as British Protected Persons and were not entitled to be British nationals. BPPs had no
right of return The right of return is a principle in international law which guarantees everyone's right of voluntary return to, or re-entry to, their country of origin or of citizenship. The right of return is part of the broader human rights concept freedom of ...
to the United Kingdom and were unable to exercise rights of citizenship; however, they could be issued a passport and could access diplomatic services when traveling abroad. In 1914, the Alien Restriction Act clarified that while BPPs were not nationals, neither were they aliens. When the law was amended in 1919, that provision remained the same, meaning that BPPs could not naturalise. Until 1934, when the British Protected Persons Order was drafted, the status of BPP was not statutory, but rather granted at the prerogative of the monarch. Under the 1934 Order,
belonger status Belonger status is a legal classification normally associated with British Overseas Territories. It refers to people who have close ties to a specific territory, normally by birth or ancestry. The requirements for belonger status, and the right ...
with regard to protected territories was defined to mean persons born before or after the Order in a protectorate who possessed no nationality and were not a British subject, or persons born abroad to a native of a protectorate who were stateless and not British subjects. The statute extended BPP status to children and wives of BPPs, if they were stateless, and specifically provided that if a woman married someone who was a national of another nation, she lost her BPP status. In 1943, the British Nationality Act clarified that BPPs born abroad in territories that were within the Crown's dominions were British subjects by virtue of ''jus soli'', but those born within a protectorate were not subjects. The terms of the British Nationality Act 1948, retained the provisions that BPPs were not aliens and could not naturalise, but allowed BPPs to register as BPP of a protected place or as a British subject under certain conditions. In 1949, the British Protectorates, Protected States and Protected Persons Order in Council repealed former orders about BPPs and detailed provisions for conferring protected status. It provided that protected persons were BPPs of a protectorate if they were born there; if they were born abroad to a father who was a native of a protectorate; or if at the time of their birth their father was a BPP. It also allowed women married to BPPs to register as a BPP and allowed certain nationals of foreign countries to register as BPPs. Under its terms, BPPs of the Zanzibar Protectorate were allowed to naturalise as British subjects. Minor changes to protected persons' status were made by Orders of Council in 1952, 1953, 1958, 1960, 1961, and 1962, but major changes did not occur until 1965.


British and British-Indian subjects living in the Tanganyika Territory and Zanzibar Protectorate (1890–1963)

In Britain, allegiance, in which subjects pledged to support a monarch, was the precursor to the modern concept of nationality. The crown recognized from 1350 that all persons born within the territories of the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
were subjects. Those born outside the realm — except children of those serving in an official post abroad, children of the monarch, and children born on a British ship — were considered by
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
to be foreigners. Marriage did not affect the status of a subject of the realm, but under common law, single women, including divorcées, were not allowed to be parents thus their children could not derive nationality maternally and were stateless unless legitimated by their father. For British subjects, and their descendants, throughout the
British Empire The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
, in 1911, at the
Imperial Conference Imperial Conferences (Colonial Conferences before 1907) were periodic gatherings of government leaders from the self-governing colonies and dominions of the British Empire between 1887 and 1937, before the establishment of regular Meetings of ...
a decision was made to draft a common nationality code. The
British Nationality and Status of Aliens Act 1914 This article concerns the history of British nationality law. Early English and British nationality law British nationality law has its origins in medieval England. There has always been a distinction in English law between the subjects of th ...
allowed local jurisdictions in the British self-governing territories to continue regulating nationality in their jurisdictions, but also established an imperial nationality scheme for use in the realm. Under the terms of the Act, common law provisions were reiterated for natural-born persons born within the realm on or after the effective date. By using the word ''person'', the statute nullified legitimacy requirements for ''jus soli'' nationals, meaning an illegitimate child could derive nationality from its mother. For those born abroad on or after the effective date, legitimacy was still required, and could only be derived by a child from a British father (one generation), who was natural-born or naturalized. It also provided that a married woman derived her nationality from her spouse, meaning if he was British, she was also, and if he was foreign, so was she. It stipulated that upon loss of nationality of a husband, a wife could declare that she wished to remain British. It allowed that if a marriage had terminated, through death or divorce, a British-born national who had lost her status through marriage could reacquire British nationality through naturalization without meeting a residency requirement. Naturalization required five years residence or service to the crown. Amendments to the British Nationality Act were enacted in 1918, 1922, 1933 and 1943 changing derivative nationality by descent and modifying slightly provisions for women to lose their nationality upon marriage. Because of a rise in statelessness, a woman who did not automatically acquire her husband's nationality upon marriage or upon his naturalization in another country, did not lose her British status after 1933. The 1943 revision allowed a child born abroad at any time to be a British national by descent if the Secretary of State agreed to register the birth. Under the terms of the
British Nationality Act 1948 The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national ci ...
, British nationals in the Tanganyika Territory and Zanzibar Protectorate were reclassified at that time as "Citizens of the UK and Colonies" (CUKC). The basic British nationality scheme did not change overmuch, and typically those who were previously defined as British remained the same. Changes included that wives and children no longer automatically acquired the status of the husband or father, children who acquired nationality by descent no longer were required to make a retention declaration, and registrations for children born abroad were extended.


Pre-union (1961–1963)

On 9 December 1961, Tanganyika gained its independence. Under the Independence Constitution, Tanganyikan nationality was conferred on that date upon anyone who had previously been born in Tanganyika or any person who had previously been a CUKC or BPP of Tanganyika, if one of its parents had also been born in Tanganyika. Persons born outside of the territory were conferred nationality if their father became, or would have become except for his death, Tanganyikan by birth. Those who acquired Tanganyikan status ceased to be British; however provisions were made for persons, such as the large Indian popuplation who might have been born in the territory but whose father was not or wives of persons who did not acquire Tanganyikan nationality, to retain their status as CUKCs or BPPs if they had been born, registered, or naturalised in a place which remained part of the British realm or a state protected by Britain. Those born after independence acquired nationality by birth in Tanganyika, as long as neither parent was an enemy alien or had
diplomatic immunity Diplomatic immunity is a principle of international law by which certain foreign government officials are recognized as having legal immunity from the jurisdiction of another country.
or by birth abroad through a father who had been born in Tanganyika, as long as the father had not been a CUKC or BPP. For a two-year period after independence persons, or their guardians for minor children, who had been born in Tanganyika to foreigners prior to independence; wives of Tanganyikans whose husbands became Tanganyikan at independence or would have become nationals except for their death, wives whose husbands registered in the transitional period or divorcées of such a person; and persons who had previously been naturalised or registered as CUKCs in Tanganyika were allowed to register as nationals. After independence, wives could be naturalised upon marriage to a Tanganyikan, but naturalisation rules were to be provided in the nationality law. Dual nationality was permissible only to minors born with multiple nationalities. Upon reaching majority, one nationality was required to renounced. On the one-year anniversary of independence Tanganyika became a
republic A republic () is a "state in which power rests with the people or their representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th c ...
within the Commonwealth and adopted verbatim the rules contained in the Independence Constitution as the Citizenship Act 1961. In 1962, Tanganyika amended its Citizenship Act (Law No. 69) to allow "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" to acquire Tanganyikan nationality after a five-year residency if they were proficient in English or Swahili. It was also amended in 1963 (Law No. 19) to allow any woman married after independence to be registered as a national upon marriage to a Tanganyikan. On 10 December 1963, Zanzibar acquired independence and persons who had been BPPs in the protectorate ceased to hold that status. Anyone who had been a subject prior to independence was conferred Zanzibari nationality at independence, thus even CUKCs who had been born in Zanzibar were no longer British nationals. The only exceptions were persons (and their wives) who were born, registered, or naturalised in a place that remained within the British realm after independence. After independence, nationality was acquired by persons born in the Sultan's dominions to Zanzibari parents, as long as the father did not have diplomatic immunity or was classed as an enemy alien. Persons born outside the Sultan's territories could acquire nationality through a Zanzibari father. Wives of Zanzibari husbands and parents or guardians of minor children who were not Zanzibari could apply on behalf of the child for nationality through registration. Nationality provisions did not change from the 1958 Decree. On 12 January 1964, the
Zanzibar Revolution The Zanzibar Revolution () occurred in January 1964 and led to the overthrow of the Sultan of Zanzibar and his mainly Arab government by local Africans. Zanzibar was an ethnically diverse state consisting of a number of islands off the east co ...
broke out and the sultan was deposed. The
Afro-Shirazi Party The Afro-Shirazi Party (ASP) was a Marxist-Leninist, African nationalist Zanzibari political party formed between the mostly Shirazi Shiraz Party and the mostly African Afro Party. In the 1963 Zanzibari general election, the ASP claimed 1 ...
took over the government, established a one-party state, and repealed the independence constitution. Under the Existing Laws Decree (No. 1-1964) the nationality statutes of 1911, as amended in 1958 became law again, meaning that certain Asian nationals who had become nationals at independence were deprived of their nationality and became stateless for approximately four months.


Post-union (1964–present)

On 26 April 1964, the United Republic of Tanganyika and Zanzibar was formed, which was renamed as the United Republic of Tanzania on 29 October 1964. Effective with the date of union, Tanganyika's Citizenship Act 1961 was modified (Tanganyika Extension and Amendment Decree, Law No. 5, 1964) to recognise nationals of the United Republic as those born prior to the union in either state as nationals of the new republic and those born after the union as nationals if they were born in any part of the territory. In 1980, refugees fleeing from violence in
Burundi Burundi (, ), officially the Republic of Burundi ( rn, Repuburika y’Uburundi ; Swahili language, Swahili: ''Jamuhuri ya Burundi''; French language, French: ''République du Burundi'' ), is a landlocked country in the Great Rift Valley at the ...
and
Rwanda Rwanda (; rw, u Rwanda ), officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of Central Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator ...
were granted the right to apply for Tanzanian nationality as a group. Typical application processes and fees were waved and upon completion of the process, former refugee camps transitioned to Tanzanian villages. The process of receiving documents and nationality certificates was slow and many former refugees had still not received them after decades. Burundi and Rwandan refugees migrated again in excellerated numbers from the mid-1990s, causing strain to Tanzania's ability to integrate the population and causing security concerns. In reaction, refugees were both expelled by the government and the army forceably removed refugees and closed the border with Rwanda in 1996. Though political developments in the country caused the constitution to be rewritten and amended, no changes were made to the nationality requirements or laws until 1995. In 1995, the Citizenship Act 1961 was repealed though nationality gained under the former Act continues to be recognized. Under the terms of the Tanzania Citizenship Act 1995 anyone who was a national of Tanzania on or before 26 April 1964 and was born in either Tanganyika and Zanzibar, or was born abroad to parents who were nationals before the union, or had been previously naturalised or registered was conferred nationality. Those born after the union, acquire nationality by birth in the territory to parents who are Tanzanian, unless the father had diplomatic immunity or either parent was an enemy alien, or by descent through a parent who is a Tanzanian national. The Act eliminated nationality by registration, consolidating former categories with naturalisation. Persons wishing to naturalise must renounce other nationality, speak one of the languages of the country, be of good character and able to contribute to the country's development, and have lived in the country for a minimum of eight years. Wives of Tanzanians may naturalize after proving that they are legally married, that their husband is Tanzanian, hold a valid passport, and have immigrated. Neither widows nor divorcées are entitled to naturalise. Dual nationality is prohibited except for minor children who acquired multiple nationality from birth. At majority only one nationality is allowed. In 1997, the army again was ordered to expel refugees residing outside of designated camps. In 1998, a Refugee Act was passed requiring refugees to live in designated areas. This policy was updated as the National Refugee Policy in 2003 with plans to extend nationality to certain refugees. In June 2003, the Tanzanian government offered Somali refugees who had fled the civil war in their country the opportunity to acquire Tanzanian nationality. It extended a similar offer in 2007 to Burundi nationals and their descendants who had left their homeland since 1972. In 2011, a Constitutional Review Commission was formed which carried out public consultations before preparing a Draft Constitution in 2013. The draft proposals would recognise nationality based on birth to a Tanzanian and would replace the naturalisation scheme by reintroducing registration. Under its provisions either spouse would be able to register as Tanzanian by marriage and would be unaffected by a termination of the marriage if registered. It would make provisions for foundlings who are under age seven to acquire nationality and does not address dual nationality or deprivation of nationality, but does contain a provision that laws concerning acquisition will be made by the national parliament. A referendum to adopt the proposed draft in 2015 was postponed and the process has stalled. In September 2013, the refugee program was suspended while the naturalisation processes were incomplete. Approximately 35,000 refugees were forcibly expelled, before the policy resumed processing naturalisation petitions for Burundi refugees in 2014.


See also

* Tanzanian passport *
Visa requirements for Tanzanian citizens Visa requirements for Tanzanian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Tanzania. As of 7 January 2020, Tanzanian citizens had visa-free or visa on arrival access to 70 countries and ...


Notes


References


Citations


Bibliography

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External links


Tanzanian Citizenship Act 1995

Tanzania Ministry of Home Affairs : Immigration
{{DEFAULTSORT:Tanzanian nationality law Nationality law Tanzania and the Commonwealth of Nations Law of Tanzania