Date of publication:

01/08/2026

United Republic of Tanzania (the)

Do domestic laws and policies protect forcibly displaced and stateless persons from discrimination on any grounds?

ANALYSIS

Assessment by population

Refugees
Stateless persons
Analysis

The Constitution of the United Republic of Tanzania upholds the principle of equality before the law and prohibits discrimination on various grounds. Specifically, Article 13 states:​

  1. "All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law."​
  2. "No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect." ​

While the Constitution enumerates specific grounds such as nationality, tribe, place of origin, political opinion, color, religion, and sex, it does not explicitly mention displacement or statelessness as protected categories. In practice, the constitutional provisions are interpreted broadly to encompass all individuals within the country's jurisdiction, thereby extending protections against discrimination to refugees and stateless persons, even though these groups are not explicitly mentioned.​ 

The Refugees Act of 1998 governs the management and rights of refugees in Tanzania, focusing primarily on administrative aspects such as the recognition, protection, and control of refugees. While the Act outlines the rights and duties of refugees, it does not contain explicit provisions that specifically safeguard refugees from discrimination. ​

Regarding stateless individuals, Tanzania does not have specific legislation addressing their rights and protections. The country is not a party to the 1954 Convention relating to the Status of Stateless Persons or the 1961 Convention on the Reduction of Statelessness, which are key international instruments providing frameworks for the protection of stateless persons and the prevention of statelessness. 

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of the United Republic of Tanzania

    Legal provision

    Section 13.2 - Equality before the law

    It is forbidden for any law enacted by any Authority in the Union Republic to impose any condition which is of a discriminatory the Union Republic to impose any condition which is of a discriminatory nature or which is obviously to one's disadvantage.

    Section 13.3- Equality before the law

    The rights of the people, the well-being and interests of everyone and the society will be protected and arbitrated by the courts and other instruments of authority laid down by the Law and in accordance with the Law.

    section 13.4 - Equality before the law

    It is forbidden for anyone to be discriminated against by anyone or any authority which is exercising its powers under any law or in carrying out any duty or function of the Authority of the State of the Party and its instruments.

    Section 13.1 - Equality before the law

    All people are equal before the law, and have the right, without discrimination of any king, to be protected and to be accorded equal justice before the law. .

    Section 13.5 - Equality before the law

    For the purpose of interpreting the conditions in this paragraph, the word "discrimination" means meeting the needs, rights or other requirements of different people based on their nationality, tribe, their origin, their political affiliation, color, religion or their lifestyles in such a way that certain people are made or considered inferior and subjected to restrictions or conditions of restrictions whereas other people are treated differently or are given opportunities or benefits that are outside the conditions or compulsory restrictions.

    Penal Code

    Legal provision

    Section 63C – Hate Speech

    A person who— (a) uses threatening, abusive or insulting words or behavior, or displays any written material; (b) publishes or distributes written material; (c) presents or directs the public performance of a play; (d) distributes, shows or plays, a recording of audio or visual images; (e) directs a public performance of a play; or (f) provides, produces or directs a programme, which is threatening, abusive or insulting or involves the use of such words or behavior, commits an offence if such person intends thereby to stir up ethnic hatred, or having regard to all the circumstances, ethnic hatred is likely to be stirred up.