ABBREVIATIONS

CRRF - Comprehensive Refugee Response Framework

DA - Designated Area
GSD - Group Status Determination
IOM - International Organization for Migration
ISD - Individual Status Determination
ODP - Open Door Policy
OAU - Organization of African Union
NEC - National Eligibility Committee
RSD - Refugee Status Determination
SADC - Southern African Development Community
UNHCR - United Nations High Commissioners for Refugees
UDHR - Universal Declaration of Human Rights
UN - United Nations
WWII - World War Two
WFP - World Food Program
 CONTENTS

ABBREVIATIONS

1.0 INTRODUCTION

2.0 HISTORICAL AND LEGAL CONTEXT OF THE PROTECTION OF REFUGEE'S

RIGHTS IN TANZANIA

3.0 THE DISCREPANCY BETWEEN LAW, POLICY, AND PRACTICES ON THE

PROTECTION OF REFUGEE’S RIGHTS IN TANZANIA

4.0 CONCLUSION AND RECOMMENDATIONS

WORKS CITED
 AN ANALYSIS OF THE LAW, POLICY, AND PRACTICES ON THE PROTECTION
OF REFUGEE'S RIGHTS IN TANZANIA.

Joseph Godfrey Senyenge1

"If we lived in a just world, all nations would protect their citizens
human rights. But that's not our world. Refugees are just one
result of injustice. Crucially, they didn't cause their plight; they
are victims of profound injustice. Because their home nation
cannot or will not protect even their basic human rights, they must
migrate in search of protection, They are entitled to this
protection, as all of us are, simply by being human " - Patti
Tamara Lenard.2
1.0 INTRODUCTION
The Universal Declaration of Human Rights 3 provides inter alia the right to seek and enjoy
asylum from persecution in any other territory. That right is a cornerstone for the protection of
refugee rights around the universe. the United Republic of Tanzania is an East African country
bordering the Indian Ocean. Its neighbors are Kenya and Uganda, to the north, Rwanda, Burundi,
and DRC, to the west, and finally, Zambia, Malawi, and Mozambique to the south. Tanzania's
population is approximately 62.56 million as of the 2022 Census. 4 The country gained its
independence in 1961 and has been nominated as one of the most collegial African countries for
asylum.5

According to the 1951 Convention, 6A refugee is a person who, owing to a well-founded fear of
being persecuted for reasons of race, religion, nationality, membership of a particular social

1
Undergraduate Student, currently undertaking Bachelor of Law(s) at University of Dodoma,
senyengejoseph@gmail.com.
2
Separated Child Organization, “Refugee Quotes”, available at <https://separatedchild.org/our-work/refugee-
quotes/> (accessed 5 October 2023).
3
Universal Declaration of Human Rights, 1948 (217 A (III) (UNGA), art 14.
4
The Common Wealth, “United Republic of Tanzania”, available at <https://thecommonwealth.org/our-member-
countries/united-republic-tanzania> (accessed 5 October 2023)
5
Ongpin, P., “Refugees in Tanzania-Asset or Burden?”, 5, Journal of Development and Social Transformation,
2008, p.13, available at <https://docs.igihe.com/IGM/pdf/ongpin.pdf> (accessed 6 October 2023).
6
Convention Relating to the Status of Refugees, 1951 (189 U.N.T.S 137).
group, or political opinion, is outside the country of his nationality and is unable to or, owing to
such fear, is unwilling to avail himself of the protection of that country. 7Its supplement the 1967
protocol removed the temporal and geographical restrictions so that the convention would apply
universally. 8Currently, Tanzania hosts 250,522 as of August 31, 2023 report from UNHCR.
Among that number, 137,511 were located in Nyarugusu Camp, 72,134 were in Nduta, 10,844 in
Katumba, 4,907 were in Ulyankulu, 3,199 in Mishamo, 270 were found in Dar es Salaam city
21,507 are located in other areas. The data reveals that, in analyzing this group by their country
of origin, the Burundians 140,059, from DRC 88,445, and 511 are from other territories.9

Refugees are the most vulnerable members of the community since they are often faced with
Xenophobia, discrimination, substandard living, housing, and working conditions, and
inadequate or restricted access to mainstream health services. 10This vulnerability situation leads
to human rights violations due to multiple and intersecting forms of discrimination and other
aforementioned rationales. 11Hence it is called that this group requires special attention and care
to ensure the protection of their fundamental human rights.

This paper will address the Legal and Historical background of the refugees in Tanzania as well
as analyze the current legal remiges particularly The Reguee Act, the National Refugee Policy,
and Governmental Practices towards the protection of refugee's rights, it will also discuss other
challenges and suggest a way forward tackle the existing problems to ensure the protection of
refugee's rights as well as preserve the Country's commitment to UDHR.12

7
UNHCR, “Protecting Refugees: Questions and Answers”,2002, available at
<https://www.unhcr.org/publications/protwcting-refugees-questions-and-answers> (accessed 6 October 2023).
8
Kaldor Centre for International Refugee Law, “What is the 1967 Protocol Relating to the Status of Refugees?”,
2023, available at <https://www.kaldorcentre.unsw.edu.au/publication/1967-protocol#:~:text=The
%201967%20Protocol%20removed%20the,not%20a%20party%20to%20it> (accessed 6 October 2023).
9
UNHCR, “Tanzania”, 2023, available at <https://data.unhcr.org/en/country/tza> (accessed 6 October 2023).
10
OHCHR, “Migrants in Vulnerable Situations”, available at <https://www.ohchr.org/en/migration/migrants-
vulnerable-situations> (accessed 6 October 2023).
11
Ibid.
12
217 A (III) (UNGA)
2.0 HISTORICAL AND LEGAL CONTEXT OF THE PROTECTION OF REFUGEE'S
RIGHTS IN TANZANIA

It is important to appreciate the historical and legal context when addressing issues relating to
refugees in Tanzania since the historical context highlights the origin of refugees and addresses
past problems and tactics used to combat those challenges, it lays a foundation of the experience,
current situation and what should be done to achieve the goals while legal context explains on
the legal instruments governing protection of refugees rights in Tanzania but not only that but
also looking at regional and global level, which its foundation of this study.

2.1 COLONIAL ERA

Most literature did not speak about this period, it’s like an unforgotten memory but in some
literature, Tanzania by then Tanganyika even before the independence was the safe heaven. This
is marked by the first group of refugees from Poland which arrived on August 27, 1942. 13 During
the earliest days of WWII, Poland was invaded and experienced German occupation in the West
and the Soviet Union in the East. At this time many Poles were forcibly sent to hard labor camps
in Russia, known as Gulags, to support the efforts of War. Others formed underground
movements and fought in exile alongside the Allies in 1941, Germany betrayed and invaded the
Soviet Union, and many Poles were released from the camps to raise an army to aid in the
national struggle against the Nazis.14
Many poles fought in the Mediterranean theatre of war such as during the Allied invasion of
Sicily and the Liberation of Italy, However, the problem was many others who were released
from the camps were simple citizens and farmers with nowhere to go and no land to return to. In
the next days, the British, then, allies of the Soviets, agreed to a proposal in which refugees from
Europe would spread across the vast British Empire for safety, it is when after a long voyage
across Europe and Iran, a group of roughly 5,000 Polish citizens ultimately found refuge in a
small village of Tengeru in Tanzania by then Britain’s Tanganyika Territory. 15

13
Gov.pl, “Polish Exiles During World War II”, available at <https://www.gov.pl/web/tanzania-en/polish-exiles-
during-wolrd-war-ii#:~:text=%201940%2D41%2C%20several%20hundred,Poland%20atter%20September
%2017%2c%201939> (accessed 7 October 2023).
14
ibid.
15
ibid
The Polish refugees lived for nearly 10 years in harmony with the residents, after which some
continued with their journey, finding homes in Britain and America, while about 1000 refugees
decided to settle and call Tengeru home for several generations. In the Early years of the
settlements many refugees, especially children, died as a result of diseases like Malaria that are
not native to Europe. Others lived long healthy lives and were eventually buried along with their
compatriot. During this time there was no legislation governing issues of refugees in Tanzania. 16

2.2 POST-COLONIAL ERA

This era started officially after the attainment of her independence in the year 1961 when
Tanzania practiced its generous refugee policy by hosting forcibly displaced people who fled war
from neighboring countries including Burundi and Rwanda and actively supported anti-apartheid
freedom fighters from southern Africa. 17 What ignited most people who fled persecution during
this time to seek refuge in Tanzania, was the fact that Tanzania was the only independent country
in East Africa. Also, the Government of Tanzania had of pro-liberation policy which made it
easier for freedom fighters from Mozambique, the then Sothern Rhodesia, and South Africa to
make the territory their second home. 18 The president of that time, Mwalimu Julius Kambarage
Nyerere was the best leader who acted as a pioneer of refugee protection and he was appraised
for his hospitable behavior, for instance in one of his speeches he was caught saying: “We have
to be realistic, and hard-headed about this problem of refugees. We have in particular, to
recognize that it is not getting smaller”.19
In the year 1964, Tanzania acceded to the 1951 Convention Relating to the Status of Refugees 20
without a reservation, and by doing so, Tanzania committed itself to several other principles such
as the Principle of non-refoulment and the obligation to cooperate with UNHCR in refugee
matters. In 1966, Tanzania enacted its first legislation governing the management of the refugee

16
The East African, “Tengeru: A Long Lost Polish History”, 2013, available at
<https://www.google.com/amp/s/www.theeastafrican.co.ke/tea/magazine/tengeru-a-long-lost-polish-history-
1321286%3fview=htmlamp> (accessed 7 October 2023).
17
Simon, T & Ruzibiza, Y., “Tanzania Open Door to Refugees Narrow”, 2023, available at
<https://reliefweb.int/report/united-republic-tanzania/tanzanias-open-door-refugees-narrow> (accessed 7 October
2023)
18
Maina, C.P., “Rights and Duties of Refugees under Municipal Law in Tanzania: Examining A Proposed New
Legislation”, 41(1), Journal of African Law, 1997, pp.81-99. Available at <https://www.jstor.org/stable/745670>
(accessed 9 October 2023).
19
ibid.
20
189 U.N.T.S 137
population known as the Refugee (control) Act. 21 This instrument mandates the power of the
Government to geographically restrict refugee settlement to ‘designated areas’ and require
refugees to obtain permits to remain in the country or to move within it. It also poses power to
the Responsible Minister to declare “any class of persons as refugees (with a few exceptions,
including citizens).22In 1968, Tanzania acceded to the 1967 Protocol Relating to the Status of
Refugees,23h having signed these treaties Tanzania became committed to all provisions therein,
however, some literature noted that very few of these international commitments have been fully
domesticated in Tanzania law.
In 1969, The OAU launched the 1969 Convention Governing Specific Aspects of Refugee
Problems in Africa.24 Tanzania is also a signatory to this treaty as of 27 June 1975. It has to be
noted that this regional instrument expanded the definition of the UN Refugee Convention of
1951 and its 1967 protocol which only recognized race, religion, nationality, membership of a
particular social group, and political opinion as grounds for persecution, it includes external
aggression, occupation, foreign domination, and events seriously disturbing public order. 25 The
year 1977 marked the rebirth of EAC which includes Kenya, Uganda, Rwanda, Burundi, South
Sudan, and Tanzania. The community among its commitment is to protect refugees where it is
provided under Article 124(4) and (5) of The Treaty for the Establishment of East African
Community,26 that partner states establish common mechanisms for the management of refugees.
However, some literature has expressed that, the refugee matters in this treaty and the
community itself are generally treated as a matter of security and not a humanitarian concern,
this is a challenge to the protection of refugee rights since the community will work to ensure
their safety but not to act humanely to protect this vulnerable group.
Southern African Development Community (SADC) was established in 1992, in which Tanzania
became a member of this social-economic block. Though this community its main objective is
economic activities to some extent few initiatives played a role concerning the protection of
refugees. For instance, in the year 2005, SADC completed the Protocol on the Facilitation of

21
Refugee (Control) Act, 1965.
22
Mendel., “Refugee Law and Practice in Tanzania”, 9(1), International Journal of Refugee law, 1997, pp. 35-39.
23
Protocol Relating to the Status of Refugees, 1967 (A/RES/2198).
24
Convention Governing Specific Aspects of Refugees Problem in Africa, 1969 (1001 U.N.T.S 45).
25
UNHCR, “A Guide to International Refugee Protection and Building State of Asylum System”. Inter-
parliamentary Union, 2017, available at <https:www.unhcr.org/3d4aba564.pdf/> (accessed 9 October 2023).
26
Treaty for the Establishment of East African Community, (signed 30th November 1999 entered into force 7th July
2000).
Movement of Persons27, this instrument aims to phase in, over 10 years, the free movement of
citizens within and between SADC states. It would allow individuals to travel within the member
states for 90 days Visa-Free. It is unclear exactly how these agreements would affect refugees,
however, Article 28 (1)28 of this protocol requires partner states to comply with international
obligations on refugees including the 1951 29 and the 1969 OAU30 Conventions. Sub-article (3) of
the same provision requires member states to affirm their commitment to cooperate with
UNHCR and IOM in matters concerning refugees. Surprisingly, this protocol is not yet in force
as only six states have signed it totaled a total of nine are required to bring it into force.
At The height of major instability in the area due to civil wars and genocides in Rwanda and
Burundi between 1993-2000, the Republic of Tanzania received more than 1.5 million refugees.
At the same time, Tanzania was in a transition period from the regime of President J.K. Nyerere
and moving towards economic freedom and a multi-party system. The unexpected entry of
refugees caused the government of Tanzania to re-examine its open door policies, an event
marked by the temporary closure of its border with Burundi in March 1995 and the expulsion of
a majority of Rwandan Refugees in December of 1996. 31 In 1998 Tanzania enacted a Refugee
Act32 a predecessor of the Refugee(control) Act and then in 2,003, the unprecedented event
occurred when Tanzania enacted a National Refugee Policy 33. Both instruments solidify the
government’s discouragement of local integration as a durable solution for refugees, these
instruments will be discussed further in the coming section.
By December 2007, the Government of Tanzania announced its readiness to offer naturalization
as part of a solution for the 220,000 Burundian refugees present in Tanzania since 1972.
UNHCR welcomed this update enthusiastically at a time when it was pushing for the
implementation of durable solutions for protracted refugee situations. 34 These Burundian
refugees lived in two settlements in the Tabora and Katavi regions in Western Tanzania by 2007,
they were mostly self-reliant, producing subsistence crops, tobacco, and coffee for export while
27
William, V & Lizzie, C.,” The Draft Protocol on the Facilitation of Movement of Persons in SADC Southern
African Migration Project: Migration Policy Brief No.18. available at
<https://sumponline.org/wp-content/uploads/2016/10/brief/8.pdf> (accessed 9 October 2023).
28
ibid.
29
189 U.N.T.S 137.
30
1001 U.N.T.S 45.
31
Milner., “Refugees, the State and the Politics of Asylum in Africa”,2009, Palgrave Macmillan.
32
Refugee Act, 1998.
33
National Refugee Policy, 2003.
34
UNHCR, “Supplementary Appeal: Comprehensive Solutions for Burundian Refugees in Tanzania’s Old
Settlements”, 2008.
contributing to the development of these remote regions. They were also generally taxpaying
members of society.35 In June 2010, Tanzania approved 162,156 applications for naturalization,
which comprised approximately 98% of the applications received. 36 However, the process was
halted in 2010, with only approximately 750 former refugees having received their citizenship
certificates. This created a great deal of uncertainty in the settlements causing some families to
suspend their agricultural or education investments. However, four years later in 2014, Tanzania
announced it would re-launch the initiative and that naturalized refugees would have the rights of
citizenship, including the right to remain in their settlements and to move freely throughout the
country. At this time, they extended citizenship to over 160,000 Burundian refugees who have
been in Tanzania since 1972. They also conducted the naturalization of 3,000 Somali Bantus in
2014 who had arrived in Tanzania in 1991.37
In 2015, another wave of political instability in Burundi led to an increase in refugees crossing
into Tanzania, as part of its response, in June 2017 joined UNHCR as an aviator country for the
implementation of the CRRF, an initiative to increase the access refugees have to education and
labor markets to develop skills and self-reliance. Yet nearly at the same time in 2017, His
Excellence the Late President John Joseph Pombe Magufuli ordered the suspension of the
registration and naturalization of Burundian refugees and began to ramp up initiatives to
repatriate Burundian Refugees who had come to Tanzania during their country’s 2015 election
conflicts.38 Suddenly and quite surprisingly according to many sources, including the
stakeholders we interviewed, in January 2018 Tanzania withdrew from CRRF, the government
cited several reasons for the withdrawal, including the international community’s failure to
recognize its historical role as a refugee-hosting country and the burden of being so; concerns
over security in the camps; believing that some refugees were formerly members of Rwandan
militias and a lack of international financial support to assist in integrating refugees into host
communities.39 This last point was particularly evident in the government’s refusal to accept the
35
UNHCR, “Tanzania Begins Granting Citizenship to Over 162,000 Former Burundian Refugees, ending more than
40 years of exile”, 2014, available at <https://reliefweb.int/report/united-republic-tanzania/tanzania/tanzania-begins-
granting-citizenship-over-162000-former-burundian> (accessed 10 October 2010).
36
Masha, L.,” Statement to Parliament by Lawrence Masha, Minister of Home Affairs”, Dodoma: 2010, translated
from Kiswahili by Nicholaus Praygod, University of Dar es Salaam.
37
UNHCR, “UNHCR-Global-Trends-Forced-Displacement”,2014 available at <https://www.unhcr/global/trends/>
(accessed 10 October 2023).
38
Milner, J., “Introduction: Understanding Global Refugee Policy”, 27(4), Journal of Refugee Studies,2014, pp.477-
494.
39
WORLD REFUGEE COUNCIL (WRC),” World Refugee Council Meeting Summary. Dar es Salaam,
Tanzania” ,2018, <https://www.worldrefugeecouncil.org/sites/default/files/users/user280/WRC%20Tanzania
WB loan connected to the CRRF. others have cited poor communication between the Ministry of
Home Affairs and the President’s Office leading to misconceptions about the CRRF and yet, in
December 2018, Tanzania chose to support the GCR which includes many of their commitments
previously made under the CRRF.
In summary, currently, the legal regime governing issues of refugees in Tanzania is mainly in
three levels, The Global level where the major instruments are the 1951 Convention 40 and its
1967 protocol41, Regional level where there are 1969 OAU Convention 42 and the Domestic level
where there are Refugee Act43 and National Refugee Policy44; this section reveals that the
behavior of the government towards the protection of refugees rights has never been stable as the
history shows that the country since independence has experience several policies and more the
restrictive policies towards protection of refugee’s rights.

3.0 THE DISCREPANCY BETWEEN LAW, POLICY, AND PRACTICES ON THE

PROTECTION OF REFUGEE’S RIGHTS IN TANZANIA
This part provides a critical and comparative analysis of the Domestic Legal regime governing
issues of refugees particularly the Refugees Act 45, and National Refugee Policy46 as well as
Governmental practices, and assesses the commitment Tanzania made to UDHR 47 when they
included a bill of rights in 1984 to check if those fundamental human rights are well respected
and protected. As it was previously explained the Refugee Act was enacted in 1998, this law like
its former predecessor retained restrictive measures towards refugee protection such as allowing
refugees to be restricted to reception areas or settlements as well as limiting entry or exist,
movement, and work without permits, this is why the open door policy was experienced more in
practice than in law. The enactment of 2the 003 NRP was unprecedented he human history since
policy should start before the enactment of the law. policy outlines the goals that the government
wants to achieve and the law sets out standards to be followed to achieve the desired goals. This
also is another problem with the protection of refugee’s rights since the policy itself is more

%20Summary%20-%20ENG.pdf> (accessed October 2023).

40
189 U.N.T.S 137
41
A/RES/2198.
42
1001 U.N.T.S 45.
43
Act,998.
44
NRP,2003.
45
Act,1998.
46
NRP,2003.
47
217 A (III) (UNGA).
restrictive. Having this knowledge on that matter, the following is an analysis of several
fundamental human rights concerning refugees in Tanzania.

3.1. The Right to Asylum

This is a fundamental human right and it is enshrined under Article 14 of UDHR 48. Tanzania
committed to this right when including the Refugee Status Determination (RSD) in the Act. Both
the Refugee Act and the NRP permit the authority to grant refugee status via Individual and
Group Status Determination (ISD and GSD).49 The Act itself specifies that ISD should evaluate
whether or not a person seeking Asylum has met either the grounds mentioned by the 1951
Convention50 or the ones mentioned by the 1969 OAU Convention 51. The NRP itself also affirms
that International protection is exclusively provided to those individuals who satisfy the
definition and meet the criteria for refugee status under International refugee instruments. 52
While coming to practices, the republic government of Tanzania provides for refugee status to be
conferred at a group level, to those belonging to a group of persons declared to be refugees by
Notice in the Government Gazette.53 It is to be noted that, GSD was only frequently applied
during the ODP under the reign of His Excellence the Late J.K. Nyerere. but with the adoption of
restrictive policy in the post-1990s, ISD has been the government's preferred mode of conferring
refugee status. NRP provides that, the government has been using the individualized system of
status determination which works well even though resources have continued to be major
obstacles in making it more efficient and effective, it further provides that the GSD may in the
future be more convenient for large entries 54. Now this discrepancy is what brings a challenge to
the protection of refugees’ right to asylum, since those who follow the law will act differently
from those who follow the policy, for instance; the Act stipulates that all applications for RSD
should be examined by the National Eligibility Committee (NEC), which must include the
Director of Refugee Services and no less than 7 other members to be appointed by the Minister
of Home Affairs.55 The law further stipulates that the UNHCR should be invited during the
48
ibid, art.14.
49
Act, 1998, s 4(1), (a), (b).
50
189 U.N.T.S 137
51
1001 U.N.T.S 45.
52
NRP,2003, para. 18.
53
Act,1998, s 4(1) (c).
54
NRP,2003, para.9.
55
Chimanda, L & Morris, S., “Tanzania’s National Legal Framework for Refugee: Law, Policy& Practice”, 5, Local
Engagement Refugee Research Network Paper,2020. pp.10-22.
determination to sit as an observer. The committee when sitting makes recommendations to the
Minister of Home Affairs for grant or denial of refugee status. This is also another great problem
since the recommendations of the committee are not binding and the decision is left only to the
Minister at his discretion can either deny or grant the status. This is a violation of the
fundamental principle of asylum. The law adds that, when the committee is unable to meet, the
minister can direct that an Ad hoc Committee be convened to fill the same role. Now the
reliability of the NEC and the Ad hoc Committee is quite fraught, for instance, the statistics
reveals that the committee’s approval rates swing drastically, from year to year, as in 2013, the
NEC met twice and had an approval rating between 90.3-96.7%, and in 2017, met only once and
had an approval rating of 1.6%, a very big difference within 4 years. NEC's session was on
March 18 and it witnessed by ejection rate of 100%. It has not convened since Tanzania’s
withdrawal from the CRRF. As a cornerstone of all other rights concerning refugees raises a
question about the government of Tanzania’s commitment to UDHR and its Constitution that it
will promote and respect human rights to all of the people. It is clear that the law is somehow not
comprehensive since it cannot even make actors responsible for their carelessness, that is to say,
transparency and accountability.

3.2The Right to Freedom of Movement

Article 13 (1) of the UDHR 56 explains that everyone (including refugees) has the right to
freedom of movement within the borders of each state (within the country of asylum). This right
is also a fundamental one. The freedom of movement is not alone an internationally recognized
right of refugees, it is also critical to their day-to-day activities and to their ability to enjoy other
human rights.
The 1998 Act makes no specific mention of the right to freedom of movement for refugees,
however, under sections 16 and 17 of the same law 57; authorities have the power to require any
asylum seeker or refugee to reside within a designed area (DA) – an euphemism for a refugee
camp or settlement. However, in practice, all refugees are required to reside in camps or
settlements. Further, NRP, which is not codified law but frames the general direction the
government intends to pursue for refugee matters, states under paragraph 28 that; refugees will

56
217 A (III) (UNGA), art.13.
57
Refugee act, 1998, s16&17.
be hosted in DA where by international community will be obliged to provide material
assistance58.
In practice, the government, once refugees reside within a DA enforces restrictions on the
movement of refugees, for instance; if a refugee is caught attempting to leave their DA without
permission, then officials may detain the individual for up to three days in a camp jail and issue a
fine of up to five thousand shillings. Just imagine, this person is suffering from unrest and forced
movement from their homeland to find peace and harmony in neighboring countries and at the
same time being punished which may lead to psychological torture, this is not fair and is likely to
violate his or her human rights. However, the right to freedom of movement is not mentioned in
the Act but the law itself is restrictive towards this right. 59 Authors reveal that, for refugee to
leave their DA, he or she must obtain a temporary movement permit from an official who then
determines the specific “terms and conditions” of the permit, A movement permit can only be
granted for up to 14 days unless a Director of refugee services has specifically allowed a permit
for a longer period. If the individual fails to comply with the terms and conditions of their
permit, they may be guilty of an offense against the Act, and if convicted can be imprisoned for
up to six months or fined fifty thousand shillings, or both. However, there is a practice that has
developed to prohibit refugees from moving outside a four-kilometer radius of their camp, this
was intended to allow refugees to collect amenities such as firewood. However, the controversy
of where the DA ends is another puzzle, since refugees may cross the four-kilometer boundary
without knowledge and they can be subjected to penalties, which torture them as matter as their
living condition conditions are d. The Act also made it a formal offense for a refugee to live
outside a DA without obtaining a permit, The problem is such permits are difficult to obtain and
are only granted for exceptional cases involving almost exclusively medical needs, religious
works, and higher education; significant tuition fees act as a barrier to enrolment and thus
receiving a permit.60 In the case of a work permit, if a refugee is found working outside a DA
without one,61 they face a fine of just under USD 100 or imprisonment for up to three years, or
both. There are no available statistics on how many individuals are currently living outside of
DA without authorization but if found by authorities they face expulsion from Tanzania.

58
National Refugee Policy, 2003, para. 28.
59
Chimanda,2020.
60
Chimanda,2020.
61
Ibid.
It is quite clear that Tanzania’s legislation violates international legal instruments, which
advocate for the rights of refugees to freedom of movement such as UDHR but even the 1951
Convention to which Tanzania is a signatory, however, this treaty does state that these rights
may be subject to regulations imposed by the host state. Not only it is in contravention of
international law, by prohibiting refugees from leaving camps, but Tanzania’s current legislation
also prevents refugees from building sustainable, independent livelihoods, for instance; refugees
are not entitled to pursue employment opportunities other than by engaging in small income-
generating activities within the confines of the camps62.

3.3 The Right of Access to Justice

This is also a fundamental human right, without it injustices will prevail and finally complete
violations of human rights. Article 10 of the UDHR 63 gives everyone the right of access to
justice, by providing that; everyone is entitled in full equality to a fair hearing for the
determination of his rights. But Article 8 of the same Declaration, provides for the right to a
remedy; that, everyone has the right to effective remedy by the competent tribunal for acts
violating fundamental rights,64 Tanzania also has committed to this right since Article 30(3) of
CURT65provides for a room for any person who his or her right is being or likely to be violated
to institute a proceeding.
Looking to the Act, section 9(7) provides that any person dissatisfied with the decision of the
Minister in their status determination or rescinding of status may petition for a review of the
minister within seven days from the day he is informed of the decision 66. Such review of the
decision is to be final and conclusive. The NRP, however, does not provide any further
clarification or mention of the ministerial review process for negative RSD. After having
received refugee status, if Tanzania wishes to expel some for reasons of national security and/or
public order, they must first give the person accused a chance to submit evidence in an appeal to
the competent authoring to UNHCR Handbook on Procedures and Criteria for Determining
Refugee Status under the 1951 Convention;67 requires that refugee applicants should be given
62
Chimanda,2020.
63
217 A (III) (UNGA), art.10.
64
217 A (III) (UNGA), art.10.
65
The Constitution of United Republic of Tanzania,1977 as amended from time to time, art.30(3).
66
Act,1988, s9(7).
67
UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and
the 1967 Protocol retain to the Status of Refugees,2019 available at
reasonable time to appeal for a formal reconsideration of the decision either to the same or to a
different authority, whether administrative or judicial; An appeal on the merits of negative
decisions at first instance is a fundamental feature of a credible RSD system. 68 Though Tanzania
allows for an appeal –or in the case of status determination, ministerial review-in law, and in
practice, this system lacks a great deal of transparency.
The lack of clarity in criteria, capacity, and consistency surrounding the evaluation of status and
what wants to grounds for expulsion for national security and public order, poses a significant
concern. Al, so the legitimacy of the decision is compromised by the lack of independence on the
review’s part. Hence this right of access to justice is also violated since even the decision maker
is a judge of his cause remember the natural justice principle of “Nemo Judex In Causa Sua”,
that, no one is just edge in their cause, how come the Minister who already denied a refugee
being asked again to reconsider his denial, this is like telling him that he did not know what he
has done69.

3.4 The Right to Work

Article 23 (1) provides that; everyone has the right to work and he or she is free to choose
employment he or she wants and protection against unemployment 70. The right to work is vital to
human being since improve their living standards and enables man to acquire his or her daily
basic needs for survival. Refugees in Tanzania are legally entitled to work if granted a work
permit by the Director for Refugee Services. 71 The NRP on the other hand, recognizes that;
adequate protection of refugees requires the attainment of a degree of self–sufficiency and that
refugees are human resources that should be utilized for the improvement of the economy. 72
However, there is a greater rigidity in policy than in law, since the policy concludes that due to
the economic conditions of refugees, they should only be allowed to undertake small income-
generating activities within the camp.
In practice, the government has been implementing NRP’s guidance to only allow small income-
generating activities. As such, refugees are very rarely legally employed. even the small income-

<https://www.unhcr.org/fr-fr/en/media/handbook-procedures-and-criteria-determing-refugee-status-under-1951-
convention-and-1967> (accessed on 10 October 2023)
68
Ibid, s192.
69
Chimanda,2020.
70
217 A (III) (UNGA), art.23(1).
71
Act,1998, s32(1).
72
NRP, 2003, para.17.
generating activities have been increasingly restricted within the camps, as according to the
report presented by the Center for Forced Migration Studies, reveals that, within the camp,
refugees receive food rations and non-food items from the WFP, which many trade for other
items. therefore, this situation divulges that even the right to work is not fully guaranteed to
refugees in Tanzania. However, despite these restrictive economic policies within the camps and
regions surrounding the camp, a considerable number of would-be asylum seekers and refugees
residing in the urban centers such as Dar es Salaam, have been there for almost 15 years and live
and work with requested permits. These urban refugees interact and associate with Tanzanians
and become their neighbors.

3.5 The Right to Education

This is another fundamental human right. George Washington Carver in one of his speeches,
said; “Education is the key that unlocks the golden door to freedom”. This right is enshrined
under Article 26 of UDHR stipulates that everyone around the universe has the right to
73
education. Among many, Tanzania is also committed to this right, so it must promote and
respect this right to all persons within the country. Section 31 of the Act, explains that refugees
are entitled to post-primary education, the implementation of which is conditional to the
Minister’s making of the rules.74 The policy allows refugees to be accorded education to prepare
them to more easily reintegrate and be self-sufficient when they go back to their country of
origin. As a result, the NRP directs that refugees should be taught using the education curriculum
of their countries of origin.75 The biggest challenge is that the consistency of implementing the
country of origin curriculum is clear, therefore there could be real schools and willingness to
teach but how are they going to be taught?

4.0 CONCLUSION AND RECOMMENDATIONS.

4.1 Conclusion
In conclusion, this research divulges the discrepancy between the current Refugee Laws,
Policies, and practices of the authority toward refugee protection. It discusses restrictive
measures that act among others as the major cumbersome in each fundamental right provided to

73
217 A (III) (UNGA), art.26.
74
Act,1998, s31.
75
NRP,2003, para.16&30.
refugees. It also poses questions to the readers and other authors to continue thinking of the
reforms to be made under Tanzania’s legal regime and practices to the promotion and respect of
refights rights as well as challenging the government’s international obligation and call them to
reconsider its restrictive policy and to find a way to curb the puzzle.
This document also reflects the past, present, and future of the human rights journey in Tanzania
particularly in refugee’s fundamental rights as one among the vulnerable groups taking into
consideration that this year 2023 the UDHR reached 75 years since its launch in 1948 under
auspices of the UN. Hence these findings create an attention to various human rights defenders to
assess and reflect what has been enshrined under the declaration and to give a way forward on
what should be done to promote and respect the refugee’s rights, particularly in Tanzania. I hope
that this analysis will lay a foundation for future research by other authors.
4.2 Recommendations
This juncture provides for the measures to be taken to improve the current legal regime and
practices on the protection of refugee rights in Tanzania;
a) Enactment of a set of regulations
Regulations are designed to guide, control, or manage various activities within a specific context.
Amending the Refugee Act would create room for some restrictions currently included in the
NRP to be cemented in law, therefore there is a need to construct regulations that will provide
guidance and clarification where the law does not provide flexibility
b) Increase Transparency in the decision-making process
By providing greater transparency, states can ensure that their decisions are based on clear and
consistent interpretations of the law, this can be achieved by providing clear guidelines for
interpretations. Transparency can foster trust and cooperation among states as it will lead to
promoting a shared understanding of the legal principles and obligations that govern issues of
refugee protection, this can facilitate the sharing of the best practices and help promote
consistency in decision-making across different jurisdictions. In sum, transparency in the
decision-making process is an essential tool for the protection of refugee’s rights.
c)curriculum to the refugee’s right to education
Certainly, in the context of providing education to refugees based on their home country's
curriculum in the host country, several comprehensive measures need to be taken. Firstly, it's
essential to adapt the curriculum thoughtfully, balancing the host country's educational standards
with the refugees' original curriculum. This adaptation process may involve translation,
alignment, and cultural sensitivity. Secondly, invest significantly in teacher training programs,
ensuring educators are proficient in both the curriculum content and the unique needs of refugee
students. Language support is pivotal; establish language programs to bridge linguistic gaps,
promoting effective communication and understanding. Additionally, prioritize mental health
and well-being by offering counseling services, aiding in trauma recovery, and emotional
support. Integration initiatives within the community, involving parents and local leaders, can
foster a sense of belonging and mutual understanding among students. Implement flexible
assessment methods that consider the diverse backgrounds of refugee learners. Adequate
infrastructure, including textbooks and technology, is vital. Furthermore, engage in advocacy
efforts to garner support, both nationally and internationally, for policies that facilitate equal
access to education for refugees. Lastly, develop long-term educational strategies, including
pathways to higher education and vocational training, ensuring refugees are equipped with skills
for self-sufficiency and successful integration into society. Approaching these measures with
empathy and inclusivity is fundamental to their success.

WORKS CITED

 Chimanda, L. & Morris, S., “Tanzania’s National Legal Framework for Refugee: Law,
Policy& Practice”, 5, Local Engagement Refugee Research Network Paper,2020. pp.10-
22.

 Gov. pl, “Polish Exiles During World War II”, available at

<https://www.gov.pl/web/tanzania-en/polish-exiles-during-wolrd-war-ii#:~:text=
 %201940%2D41%2C%20several%20hundred,Poland%20atter%20September
%2017%2c%201939> (accessed 7 October 2023).

 Kaldor Centre for International Refugee Law, “What is the 1967 Protocol Relating to the
Status of Refugees?”, 2023, available at
<https://www.kaldorcentre.unsw.edu.au/publication/1967-protocol#:~:text=The
%201967%20Protocol%20removed%20the,not%20a%20party%20to%20it> (accessed 6
October 2023).

 Maina, C.P., “Rights and Duties of Refugees under Municipal Law in Tanzania:
Examining A Proposed New Legislation”, 41(1), Journal of African Law, 1997, pp.81-
99. Available at <https://www.jstor.org/stable/745670> (accessed 9 October 2023).

 Masha, L.,” Statement to Parliament by Lawrence Masha, Minister of Home Affairs”,

Dodoma: 2010, translated from Kiswahili by Nicholaus Praygod, University of Dar es
Salaam.

 Mendel., “Refugee Law and Practice in Tanzania”, 9(1), International Journal of

Refugee Law, 1997, pp. 35-39.

 Milner, J., “Introduction: Understanding Global Refugee Policy”, 27(4), Journal of

Refugee Studies,2014, pp.477-494.

 OHCHR, “Migrants in Vulnerable Situations”, available at

<https://www.ohchr.org/en/migration/migrants-vulnerable-situations> (accessed 6
October 2023).

 Ongpin, P., “Refugees in Tanzania-Asset or Burden?”, 5, Journal of Development and

Social Transformation, 2008, p.13, available at
<https://docs.igihe.com/IGM/pdf/ongpin.pdf> (accessed 6 October 2023).

 Separated Child Organization, “Refugee Quotes”, available at

<https://separatedchild.org/our-work/refugee-quotes/> (accessed 5 October 2023).

 Simon, T & Ruzibiza, Y., “Tanzania Open Door to Refugees Narrow”, 2023, available at
<https://reliefweb.int/report/united-republic-tanzania/tanzanias-open-door-refugees-
narrow> (accessed 7 October 2023)
 The Common Wealth, “The United Republic of Tanzania”, available at
<https://thecommonwealth.org/our-member-countries/united-republic-tanzania>
(accessed 5 October 2023).
 The East African, “Tengeru: A Long Lost Polish History”, 2013, available at
<https://www.google.com/amp/s/www.theeastafrican.co.ke/tea/magazine/tengeru-a-long-
lost-polish-history-1321286%3fview=htmlamp> (accessed 7 October 2023).

 UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the
1951 Convention and the 1967 Protocol relating to the Status of Refugees,2019 available
at <https://www.unhcr.org/fr-fr/en/media/handbook-procedures-and-criteria-determing-
refugee-status-under-1951-convention-and-1967> (accessed on 10 October 2023)

 UNHCR, “A Guide to International Refugee Protection and Building State of Asylum

System”. Inter-parliamentary Union, 2017, available at
<https:www.unhcr.org/3d4aba564.pdf/> (accessed 9 October 2023).

 UNHCR, “Protecting Refugees: Questions and Answers”,2002, available at

<https://www.unhcr.org/publications/protwcting-refugees-questions-and-answers>
(accessed 6 October 2023).

 UNHCR, “Supplementary Appeal: Comprehensive Solutions for Burundian Refugees in

Tanzania’s Old Settlements”, 2008.

 UNHCR, “Tanzania Begins Grating Citizenship to Over 162,000 Former Burundian

Refugees, ending more than 40 years of exile”, 2014, available at
<https://reliefweb.int/report/united-republic-tanzania/tanzania/tanzania-begins-granting-
citizenship-over-162000-former-burundian> (accessed 10 October 2010).

 UNHCR, “Tanzania”, 2023, available at <https://data.unhcr.org/en/country/tza>

(accessed 6 October 2023).

 UNHCR, “UNHCR-Global-Trends-Forced-Displacement”,2014 available at

<https://www.unhcr/global/trends/> (accessed 10 October 2023).

 William, V. & Lizzie, C.,” The Draft Protocol on the Facilitation of Movement of
Persons in SADC Southern African Migration Project: Migration Policy Brief No.18.
available at <https://sumponline.org/wp-content/uploads/2016/10/brief/8.pdf> (accessed
9 October 2023).