Date of publication:

01/07/2026

United Republic of Tanzania (the)

Do domestic laws and policies provide for the “inclusion criteria” in the 1951 Refugee Convention definition of a refugee, and, where applicable, broader regional definitions, or other definitions?

ANALYSIS

Assessment by population

Refugees
Analysis

Tanzania’s domestic laws adhere to both the international and regional definitions of a refugee. The Refugees Act No. 9 of 1998 incorporates the refugee definitions found in the 1951 Convention Relating to the Status of Refugees (as modified by the 1967 Protocol) and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, both of which Tanzania has ratified.

The international definition, under Article 1 of the 1951 Convention, applies to individuals who have a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion and who are unable or unwilling to avail themselves of the protection of their country. The regional definition under Article I(2) of the 1969 OAU Convention expands this to include individuals compelled to leave their country due to external aggression, occupation, foreign domination, or events seriously disturbing public order.

Tanzania’s refugee legislation incorporates both elements, enabling the authorities to apply either definition depending on the circumstances of flight. This dual adherence allows for both individual refugee status determination and prima facie group recognition, which has been particularly useful in responding to large-scale influxes from neighboring countries. The inclusion of the broader OAU definition is especially important in the African context, where displacement often results from generalized violence or conflict rather than targeted persecution alone.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 4.1 - Definition of Refugee, cessation and exclusion

    Subject to the provisions of sub-sections (3) and (4) of this section and for the purposes of this Act a refugee is any person who: (a)is outside the country of his nationality or if he has no nationality, the country of his former habitual residence, because he has or had a well founded fear of persecution by reason of his race, religion, nationality membership of a particular social group or political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the Government of the country of his nationality, or, if he has no nationality, to return to the country of his former habitual residence; (b)owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality; (c)belongs to a group of persons which by notice in the Government Gazette has been declared to be refugees for the reasons set out in paragraphs (a) and (b) above.

    The National Refugee Policy

    Legal provision

    Section 1 - Overview

    The standard definition of the term refugees is the 1951 UN Convention Relating to the Status of Refugees describes a refugee as any person whom owing to fear from persecution for reasons of race, religion, membership of a particular social group or political opinion outside his country of nationality or habitual residence unable or un willing to avail himself to the protection .government which he has previously fled. The OAU definition refugee status also includes those compelled to leave his country for reasons of external aggression, occupation, domination or events seriously disturbing public order in part or the whole of the country of origin It must moreover be determined that their government in the country of origin cannot or will not effectively counter the above risk consequence of which there 'is a ',need for international protection another country.