|
Citizenship right and Tanzania`s experience
2007-04-09 08:45:36
By Keregero Keregero
Citizenship has been one of the thorny issues of the day afflicting many people in the world.
Its dimension, magnitude and seriousness has had an impact on societies with increasing tension and, at times, unfolding open conflagration within the varying societal fabric.
The citizenship issue has been critical especially in warring countries where civil wars have turned people stateless.
Yet, far from that, in some other countries some people have simply been denied citizenship of their country for no good cause.
In the circumstances, we today address the citizenship issue in this column, invoking the red letters of the provisions of the Citizenship Act No.6 of 1995.
In a paper on Citizenship Rights delivered at the Annual General Meeting of the Legal and Human Rights Centre in 2004, Hon. Joseph Sinde Warioba critically underscored the importance and problems relating to the citizenship right.
He says, `Citizenship right is among fundamental rights enshrined under the Universal Declaration of Human Rights.
Despite the fact that this right is greatly respected the world over, there are incidences here and there contravening this right .
Dr. Kaunda for example, struggled for Zambia`s independence and thereafter became and continued to be its president for a duration of 27 years.
His mind and activities were committed to the establishment, protection and development of Zambia.
When his government was no longer in power, it was claimed that he came to Zambia from Malawi and was declared to be a non-citizen of Zambia.
Hon. Quatara was once an Ivory Coast Prime Minister and when he wanted to contest for a presidential post, he was declared to be a non-citizen of Ivory Coast disregarding the fact that he was born, lived and was brought up in Ivory Coast.
His entire heart, life and activities were committed for the protection and promotion of Ivory Coast integrity and development.
The history of Zambia in any case will show that Dr. Kaunda is among important visitors of Zambia.
The history of Malawi will not show Dr. Kaunda to be among visitors of Malawi.
Many countries now have people like Dr. Kaunda and Quatara.
Here in our country Tanzania , such kind of incidences have occurred and continue occurring.
There are various people who have lost their Tanzania citizenship within the past two years on ground that their parents had nationalities of foreign origin.
Before attainment of our independence, Tanzanians had no citizenship.
We were British `subjects.` Immediately before independence the British colonialists passed a law for creation of Tanganyikan (then) citizenship.
Among the criteria used for granting citizenship to people of Tanganyika was `the origin of parents nationality.`
Our first citizenship legislation provided that any person born in Tanganyika and if one of his/ her parent was born in Tanganyika, then that person was a citizen of Tanganyika by birth.
This criteria created problems immediately after independence.
In 1967 the late Kambona of Tanzania fled to a foreign country.
His decision to flee to a foreign country created a debate that many people, including Kambona, were not citizens of Tanzania.
A research was conducted and portrayed that people like the late Mr. Shaba and Kamaliza were not citizens of Tanzania because their parents had citizenship of foreign origin.
This research finding did not solve the citizenship problems as pre-expected.
A question which remained unresolved was: If these people are not citizens of Tanzania; they are citizens of which country?
It is a very serious issue to deprive a person of nationality because if there is no guarantee for his/her alternative nationality, he/she will become a stateless person which is contrary to human rights.
Mr. Shaba and Kamaliza's lives were spent entirely here in Tanzania. Their hearts, life and work commitments were for Tanzania. If they could have been taken to another country, they would be complete strangers there.
A decision taken to resolve Mr. Shaba and Kamaliza`s nationality problem was to legalise their citizenship and this practice was extended to various people.
Our country like many other African countries have boundaries passing and separating the same ethnic groups, for example the Masai, Kurya, Luo, Makonde etc.
These ethnic groups have blood relatives living in neighbouring countries.
As such, it became evident that citizenship legalisation practices would be a permanent exercise.
If we could have continued with the parents` nationality origin in determining the nationality of a Tanzanian, citizenship problems could have persisted.
In order to solve this problem a new Citizenship Act of 1995 was passed establishing new criteria of directly acquiring the citizenship of Tanzania by virtue of being born in Tanzania.
Thus, a person born in Tanzania regardless of the nationality of his/her parents is a citizen of Tanzania except if his/her parents belong to a nationality of another country and the child's father has diplomatic immunity.
In other words, all children born in Tanzania are citizens of Tanzania except diplomats' children.
Section 5 of the Citizenship Act No.6 of 1995 provides inter alia:(1) `.........every person born in the United Republic on or after Union Day shall be deemed to have become and to have continued to be a citizen of the United Republic with effect from the date of his birth, and with effect from the commencement of this Act shall become and continue to be a citizen of the United Republic.......
(2) A person shall not be deemed to be or have become a citizen of the United Republic by virtue of this section if at the time of his birth;(a)neither of his parents is or was a citizen of the United Republic and his father possesses the immunity from suit and legal process which is accorded to an envoy of a foreign sovereign power accredited to the United Republic.`
The new Citizenship Act of 1995 was enacted to solve previous citizenship problems which we were facing.''
The discussion continues next week.
|
