Date of publication:

05/27/2025

United Republic of Tanzania (the)

Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies, for forcibly displaced and stateless persons who are denied the choice of residence?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Tanzania's legal framework, through the Refugees Act of 1998 and its supporting regulations, governs the protection, rights, and obligations of refugees and asylum seekers within its territory. While Tanzania is party to key international and regional refugee instruments—including the 1951 Refugee Convention, the 1967 Protocol, and the 1969 OAU Convention—the national legal framework adopts a strict encampment policy. This policy mandates that all refugees and asylum seekers reside within designated areas such as Nyarugusu, Nduta, and Mtendeli camps, unless granted specific permission to move outside.

Movement outside these camps requires a Movement Permit, which is issued at the discretion of the Commissioner for Refugee Services or other delegated authorities. These permits are typically valid for a limited duration and for specific reasons, such as medical treatment, legal appointments, or education-related travel. The system, while structured, provides limited avenues for flexibility or individualized assessment of a refugee’s circumstances.

Although the Constitution of Tanzania (Article 17) guarantees the right to freedom of movement and residence, the constitutional framework does not apply directly to non-citizens in the same manner as it does to Tanzanian nationals. The Refugees Act does not incorporate provisions for judicial review or appeal mechanisms that allow refugees or asylum seekers to challenge the denial of Movement Permits or contest their compulsory encampment.

    LAW & POLICY

    Related provisions of domestic law or policy

    Basic Rights and Duties Enforcement Act

    Legal provision

    Section 4 - Right to apply to High Court for redress

    Where any person alleges that any of the provisions of Articles 12 to 29 of the Constitution has been, is being or is likely to be contravened in relation to him, he may, without prejudice to any other action with respect to the same matter that is lawfully available, apply to the High Court for redress.

    The Refugee Act

    Legal provision

    Section 17.1 - Requirement to Reside in a Designated Area

    The competent authority in consultation with the Minister or the Director may by order, require any asylum seeker or refugee or group or category of refugees to whom this section applies who is within his area to reside within a designated area whether or not such area is within the jurisdiction of competent authority.

    Section 18.4 - Control of designated area

    The Director or a settlement officer may inquire into any disciplinary offence and if he finds that an asylum seeker or a refugee has been guilty of such disciplinary offence may punish him by- (a)ordering his confinement in a settlement or camp lock-up for a period not exceeding three days; or (b)fining him a sum not exceeding five thousands shillings.

    Section 17.3 - Requirement to reside in a designated area

    Any asylum seeker or refugee to whom an order made under this section applies who- (a)fails to comply with such order; or (b)fails to move to or take up resident in a designated area in accordance with such order within reasonable time; or (c)having arrived at a designated area, in pursuance of such order, leaves or attempts to leave such area, except in pursuance of some other order or permit made under this section, shall be guilty of an offence against this Act.

    Section 17.5 - Requirement to reside in a designated area

    (a)No asylum seeker or refugee shall be allowed to leave a designated area as directed under this section unless he has sought and obtained a permit from Director or Settlement Officer as the case may be, and, subject to such terms and conditions as the Director or a Settlement Officer may prescribe in the permit. (b)No asylum seeker or refugee may be allowed to be out of a designated area for more than fourteen days unless the Director has allowed in the permit a longer period upon which an asylum seeker or a refugee may stay outside the designated area.

    Section 17.6 - Requirement to reside in a designated area

    Any asylum seeker or refugee to whom a permit or travel document has been issued under this section who fails to comply with the terms and conditions thereof shall be guilty of an offence against this Act.