Determination and Proof of Tanzanian Citizenship.

Mubanga, Clement Bernardo (2020) Determination and Proof of Tanzanian Citizenship. Doctoral thesis, The Open University of Tanzania.

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Abstract

This study analyses as to what connection should be entitling a person to citizenship given the context of Tanzania. It points out discrepancies existing both in law and practice in determining Tanzanian citizenship by birth. It also revisits aspects of proof of Tanzanian citizenship thus disclosing their respective inherent shortfalls and recommends for strategies to be considered in creating an effective legal framework for matters of determination and proof of citizenship. In order to reach its objectives, the study employed doctrinal and empirical research methods. Doctrinal method became the dominant method while empirical method complemented the former. The study has found that the modalities of determining as to what connection should be entitling a person to Tanzanian citizenship to a large extent subject the right to a nationality to fragility and accompanying risk of statelessness particularly to individuals originating from border regions and those with cross border affinities. It has also found out that the position of law on what constitutes Tanzanian citizenship by birth on and after independence of Tanganyika is actually pegged on jus soli mode, that is, birth alone in the United Republic without regard to citizenship of parents contrary to what is interpreted in practice. It has further found that the available means of proof of Tanzanian citizenship in both documentary and non-documentary have inherent shortfalls, thus inadequate in themselves in proving Tanzanian citizenship. The study thus recommends for law reform, human power development, enhancement of civic education, enhanced technological considerations, strengthening of institutional capacity and coordination, policy considerations and enhancement in international cooperation in matters of determination of citizenship. Key words: Citizenship, determination, proof, right of a nationality.

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