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This study is about the legal rationale and shortcomings of the Tanzania Laws on citizenship by birth. There are different pieces of legislation which deal with Tanzania citizenship in general. But, these laws do recognise different classes of citizens who bear different characteristics. Of importance to this research is the citizenship by birth category which, within itself, raises legal segregation and discrimination, a fact which is not to be expected under the law. The research was aimed at finding the available shortcomings that hinder the efficacy and sufficiency of the laws on who a Tanzania citizen by birth is and all the rights and duties that relate to such kind of a citizen. It was also the aim of this research to assess the competency of the laws relating to Tanzania citizens by birth in providing equal rights and protection to the citizens by birth without any discrimination or favours. This study is basically a qualitative research which was aimed at enabling collection of detailed information about the problem under study. The researcher has employed interview guides and questionnaires as tools of collecting detailed information from the respondents. Kind of sampling used in this study is the purposive sampling where quite a number of respondents were interviewed from different classes of people from the community at large.
The study findings reveal that the laws on Citizenship by birth, starting from the mother law of the land, which is the Constitution of the united Republic of Tanzania to the other pieces of Legislations, fail to cater for the provisions of equal rights as well as protecting the citizens by birth who are entitled to equal treatment. Most of these laws do have some discriminatory effects as well as some favouritism amongst the same citizens by birth. The ignorance of law of some of the citizens by birth has to some extent led to some citizens by birth to lose their Tanzania citizenship and to other; it has gone to an extent of making them stateless in their own country. The researcher recommends that the Laws relating to citizenship by birth be repealed and new laws be enacted to remove the ambiguity, favoritism as well as the discriminatory effect brought about by these laws. The researcher also strongly recommends that the Constitution of the Country should effectively and sufficiently cover for the citizens by birth and that strict adherence to the international norms and standard should be observed. |
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