Diaspora status debate reignited as minister clarifies legal position

In his response, minister Kombo had to reiterate the government position based on the law strongly. He stated that the law of the land states that any Tanzanian living outside its borders but still maintaining their Tanzanian passport is not a diaspora.

A diaspora is born in Tanzania with a Tanzanian birth certificate, who immigrates to another country and goes through renunciation of their Tanzanian citizenship to acquire another citizenship. If you still hold on to a Tanzanian passport, even if you have lived in another country for 20 years, when you come back, you will still be a Tanzanian, according to Tanzanian law, he stated.

At the point of return, you can easily apply for the National Identification card, widely known as the Nida card.

According to government data, fewer than 10,000 Tanzanians living abroad fall under the diaspora community. He dared anyone with contrasting data that can prove him wrong to present it.

“The Tanzanian diaspora community in Italy is just 15 people. I have all the names and passport details,” he said, “Tanzanians who renounced their citizenship and took Italian, I have all their information,” he insisted.

“You might find many Tanzanians congregate when the president visits the country, but most of them still maintain their Tanzanian citizenship, and they are just in that country to earn a living,” he added.

The minister explained that, according to government data, the largest Tanzanian diaspora community is in Oman, most of whom were Arabs born in Tanzania but emigrated to Oman. Oman policies require one to hand over their Tanzanian passport before they give you their citizenship through naturalisation.

Speaking on the statement from Mr Kombo, a Tanzanian lawyer living in the United States, Mr Gabriel Mkama, who has been a member of the Zanzibar Law Society and also served at the Zanzibar Legal Centre, said he doesn’t know the legislation the minister is talking about because no law clearly defines who a diaspora is in Tanzania. Perhaps the minister is referring to internal guidelines and policies developed by the ministry for administrative purposes, but those are not enshrined in the national legislation.

Mr Mkama explained that the Tanzanian constitution doesn’t explicitly address the status of Tanzanians living abroad; it just has the general provisions concerning the rights of citizens. The specific legal framework that provides further clarity is in the Citizenship Act of 1995. Though the Act doesn’t define who the Tanzanian diaspora is, under section 10 of the Act, it clearly states that a Tanzanian living abroad who acquires another nationality automatically loses Tanzanian citizenship.

The statement from the minister received a range of responses from Tanzanians living outside the country. Faisal Bobsaith from Houston, Texas, feels like our leaders should extensively engage experts in certain fields before coming up with public statements. He said renouncing citizenship is a personal decision and should not be enforced on anyone.

Some Tanzanians have parents born in different countries; why should one be forced to choose one country and renounce the other? Many countries have evolved and accept dual citizenship, and Tanzania should do the same.

He further questions the figures provided by the ministry pertaining to the number of Tanzanian diasporas, stating that many Tanzanians living abroad are afraid of renouncing their Tanzanian citizenship because they are terrified of being stripped of their Tanzanian citizenship.

Mr Faisal adds that most Tanzanians in the diaspora face hardship integrating in their motherland because it is clear the government has a negative view on dual citizenship. These emotions among the diaspora community were elevated when the bill that was to be passed in the parliament that would grant them special status, among other benefits, was abruptly withdrawn by Madam Speaker, who sought to need more observation and amendments before its reintroduction to the house.

Another sentiment coming from a Tanzanian living in Washington D.C. was more blunt, conveying displeasure; he stated that the argument from the ministry was not convincing and didn’t provide a bright vision for the future of the Tanzanian community abroad. He said to be a Tanzanian, you do not have to be born in the country.

“You can be born anywhere in the country and still become a Tanzanian,” he said.

If both your parents are Tanzanians, no matter where you are born, you will still be a native of Tanzania.

He stated that it doesn’t matter the number of people that they define as the diaspora community; even if it was one person, that person has to be granted his rights accordingly. The number of diaspora communities shouldn’t be justified to delay their special status request that has been held back for many years now.

“Children born of Tanzanian parents abroad are given birth rights in those countries, but they lose their rights as natives of Tanzania once they turn 18, regardless of whether their parents have Tanzanian passports or not,” he mentioned.

He speculates resentment for the Tanzanian diaspora is prevalent. He said, It’s true some Tanzanians abroad have renounced their citizenship, but the majority of Tanzanians have not legally renounced their citizenship as stated by law, like many people are made to believe. Mr Kweka, living in the United Kingdom, on the other hand, questions if the leaders trusted with public office have the people’s best interest at heart.

 “If a calf is born in a pigsty it’s still a cow. Even if you have 8 passports from different countries, if you were born in Tanzania and your parents are both Tanzanians, you are still a native of Tanzania,” he added.