Date of publication:

01/07/2026

United Republic of Tanzania (the)

Do domestic laws and policies provide for the exclusion from refugee status of persons who are not in need of international protection?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Analysis

Tanzania’s domestic laws do incorporate exclusion clauses that align broadly with international standards, particularly those set out in Article 1F of the 1951 Refugee Convention and Article I(5) of the 1969 OAU Convention. These provisions outline circumstances under which a person may be excluded from refugee status—such as where they have committed serious crimes, acts contrary to the purposes and principles of the United Nations, or war crimes.

The Refugees Act No. 9 of 1998 reflects these exclusion criteria by empowering the authorities to deny refugee status to individuals who pose a serious threat to public order, national security, or who have engaged in criminal conduct. However, while the legal basis for exclusion is generally consistent with international standards, the Act does not elaborate on procedural safeguards or evidentiary thresholds for applying these clauses, nor does it explicitly require an individualized assessment based on the principle of proportionality and necessity.

This raises concerns regarding the potential for overly broad or discretionary application of exclusion, especially in the absence of judicial oversight or an independent appeal process. International standards emphasize that exclusion clauses must be applied restrictively and only after careful examination of the facts. In practice, Tanzania’s implementation of these provisions may at times lack the transparency and procedural rigour required to ensure that genuine refugees are not wrongfully excluded.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Refugee Act

    Legal provision

    Section 4.4 - Definition of Refugee, cessation and exclusion

    A person shall not be considered a refugee for the purposes of this Act if- (a)he has committed a crime against peace, a war crime or a crime against humanity, as defined in International instruments drawn up to make provision in respect of such crimes; or (b)he committed a serious non-political crime outside the country of refuge prior to his admission in Tanzania as a refugee; or (c)he has been guilty of any act contrary to the purposes and principles of the OAU and/or UN; (d)he has already been granted refugee status or asylum in another country prior to his entry to Tanzania provided that a person qualifying for resettlement or family re-unification in accordance with the provisions of this Act or a person arriving from a territory where there has been a serious breach of peace, shall have his application for asylum considered; (e)prior to his entry into Tanzania he has transited through one or more countries and is unable to show reasonable cause for failure to seek asylum in those countries, provided that a person who has transited through a country or countries where there is a serious serviced breach of peace.