Date of publication:

05/26/2025

United Republic of Tanzania (the)

Do domestic laws and policies prohibit the unlawful and arbitrary deprivation of liberty?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Tanzania has a longstanding history of hosting refugees, primarily from neighboring countries such as Burundi, the Democratic Republic of Congo, and Rwanda. The government has implemented various laws and policies to manage refugee affairs, balancing national security concerns with humanitarian obligations. Despite constitutional guarantees against arbitrary detention, certain practices, particularly concerning refugees, have raised concerns regarding the deprivation of liberty. Notably, the encampment policy mandates refugees to reside in designated areas, restricting their freedom of movement and, by extension, their liberty. Additionally, there has been instances where authorities have utilized broad discretionary powers to detain individuals, including refugees, without prompt judicial oversight, leading to potential arbitrary deprivation of liberty.​

    LAW & POLICY

    Related provisions of domestic law or policy

    Constitution of the United Republic of Tanzania

    Legal provision

    Article 15.1 - Right to personal freedom

    Every person has the right to freedom and to freedom live as a free person.

    Article 15.2 - Right to Freedom

    For the purposes of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise be deprived of his freedom save only— under circumstances and in accordance with procedures prescribed by law; or in the execution of a judgment, order or a sentence given or passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.

    The Refugee Act

    Legal provision

    Section 27.1 - Detention of asylum seeker or refugee

    If the Minister or, as the case may be, any competent authority appointed by the Minister in that behalf is satisfied that any asylum seeker or refugee is acting in a manner prejudicial to peace and good order or is prejudicing the relations between the Government of Tanzania and any other Government, he may, by order in writing, direct that asylum seeker or refugee be detained in prison for a period not exceeding three months. Provided that for any excess period the provisions of the Preventive Detention Act, 1963 shall apply or he shall be released.

    The National Security Act

    Legal provision

    Section 14.1 - Arrest without warrant

    Any person who is found committing an offence under this act or who is reasonably suspected of having committed or having attempted to commit or being about to commit such an offence may be arrested by an officer and detained.