THE Legal and Human Rights Centre (LHRC) has urged the law reform institutions to repeal Section 37 of the Constitution Act, which relates to amending citizenship law and its procedures.

Dr Anna Henga, the LHRC executive director, said at a press conference yesterday that the section was nullified by the High Court of Tanzania last year in the case of Prisca Chogero versus the Attorney General, case number 17 of 2023, on the premise that using the provision violates court orders and undermines the rule of law.

She said that the court observed that the provision is at variance with Article 107A (1) of the 1977 Constitution, where the judiciary “is the sole authority for final decisions in the administration of justice.”

This appeal is aimed at helping the public understand the bill and LHRC's views, facilitating citizen participation in law making and providing recommendations to the government, she stated.

Section 23 of the reform bill proposes to amend Section 37 of the Act, which sets out procedure for appealing to the responsible minister. “However, the proposed amendments set limits to the right of appeal for individuals dissatisfied with the minister's decision on their application,’ the director affirmed.

"LHRC is shocked by the ongoing efforts to amend this section without making fundamental changes by repealing it, as was decided by the High Court of Tanzania. Continuing with this section is disregard for court orders and creates a negative image for the rule of law," she elaborated.

She was explicit that LHRC has analysed the proposed amendments in the Written Laws (Miscellaneous Amendments Act) No. 2 of 2024, presented to Parliament on February 15th, which aims to amend the Immigration Act, Chapter 54 of the laws, and the Land Act.

The bill fails to recognize and protect the birth right, “which must be preserved and acknowledged as an inherent right that cannot be lost, and it reflects the government's reluctance to grant dual citizenship,” she asserted.

Despite various efforts including the establishment of a presidential task force to review the multiparty democracy system and the criminal justice system, which both emphasized the rule of law, the response is inadequate.

There is persistent deliberate violation of this principle, including the continued use of laws invalidated by the courts and the enactment of laws that contradict the 1977 Constitution, the director underlined.

She referred to other challenges in the bill, like using varying or contrasting criteria for granting special status and invoking the measure of good conduct as a qualification for obtaining special status as symptomatic of the challenges.

There is similarly a provision for the revocation of special status for alleged misconduct, plus revocation of special status for making statements that are disloyal to the state, she specified.

"Due to the challenges in this bill, we urge the government and Parliament to amend the powers of the Commissioner General of Immigration to prevent the possibility of revoking special status once it has been granted, and to remove discretionary powers. The court should be the final authority in delivering justice," the activist intoned.

LHRC also calls on the government to reduce extensive powers granted to the Commissioner of Immigration in granting and revoking special status and to establish a legal procedure to be followed when intention arises to revoke special status, placing this responsibility under the judiciary.

The bill should establish equal criteria for granting special status to avoid bias and discrimination against certain groups or individuals, and remove the criteria of good conduct, loyalty and misconduct as conditions for granting special status, she further demanded.

"The Tanzanite Card should not have a time limit. The Tanzanian origin and Diaspora status should not be stripped, and the Diaspora should have the same rights to own land as any other Tanzanian citizen, as they have the same origin as natives," she further noted.

The requirement for owning a company by having minority Tanzanian citizen stakeholders should be removed as it diminishes the significance of special status for those of Tanzanian origin, she specified.

The bill proposes to amend 17 sections of the Immigration Act, some of which aim to establish special citizenship status, and after reviewing the bill, LHRC has identified that its purpose is to provide a solution and compromise to long-standing complaints from the Diaspora community.

These complaints relate to the right to citizenship, the right to own property, along with the right to recognition of origin for people of Tanzanian descent who hold citizenship of other countries, she added.