Last Change:

05/26/2025

The Refugee Act

Year: 1999

Type: Domestic law

Rights Category: Asylum

Description

The Tanzania Refugees Act of 1998 is the main law governing the protection and management of refugees in Tanzania. It provides the legal framework for refugee status determination, rights and duties of refugees, and the roles of authorities in handling refugee matters. The Act emphasizes encampment, requiring refugees to stay in designated areas, and restricts their movement, employment, and integration.

Selected provisions
Section 18.1 - Control of designated area

The Minister may make rules, and the Director may issue directions not inconsistent with such rules, for the control of designated area and, without prejudice to the generality of the foregoing, such rules and directions may make provision in respect of all or any of the following matters.-

(a)the organization, safety, discipline and administration of such area;

(b)the reception, transfer, residence, settlements, treatment, health and well-being of asylum seeker or refugee;

(c)the manner of inquiring into disciplinary offences and the payment of fine and other penalties;

(d)the establishment and regulation of lock-ups and the custody of persons therein; and

(e)the powers of settlement officers and the delegation of such powers.

Section 22.2 - Repatriation of Refugees

A refugee who leaves Tanzania on voluntary repatriation... may take with him any movable property which he lawfully owns provided he complies with any existing procedures or laws covering such property or the exportation of such property.

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.

Section 28.1 - Deportation of asylum seeker or refugee

(a)The Minister or as the case may be, competent authority appointed by the Minister on that behalf may at any time order in writing that-

(i)any asylum seeker who has not qualified to be granted refugee status under section 4 of this Act, or

(ii)a refugee who is dangerous to the security of the state or has ceased to be a refugee shall be deported from Tanzania by such means or route as he may direct;

(b)a refugee deported under subsection (a) of this section shall be informed in writing about his deportation;

(c)a refugee who is issued with a deportation order under this section may appeal to, or may petition for review to the Minister or a competent authority within seven days from the date he is served with the deportation order. Where the petition or review has been filed to the competent authority such competent authority shall immediately transmit the same to the Minister;

(d)the Minister in consultation with the Director may consider the appeal or review and shall have power to confirm or revoke the deportation order

Section 30.5 - Registration of asylum seekers and refugees

The registration of asylum seekers or refugees under this Act is without prejudice to any other registration laws requiring registration of persons resident or present in Tanzania.

Section 30.1 - Registration of refugees and asylum seekers

The Director shall register and keep records of all asylum seekers and refugees present and the designated areas established in Tanzania and for this purpose he shall be deemed to be the Registrar of asylum seeker and refugees provided that he may delegate in writing this function to settlement officer or refugee officers.

Section 31.1 - Education for refugees

Every refugee child shall be entitled to Primary Education in accordance with National Education Act 1978 and every refugee adult who desires to participate in adult education shall be entitled to do so in accordance with the Adult Education Act.

Section 31.3 - Education for refugees

The Minister in consultation with the Minister responsible for education as regards secondary education and in consultation with the Minister responsible for higher education other than secondary education shall make rules prescribing-
(a)fees;
(b)categories of schools, colleges or Universities a refugee student can be enrolled and
(c)prescribing any matter that may need to be regulated for purposes of better and effective implementation of this section.

Section 31.2 - Education for refugees

Every refugee shall be entitled to post primary education in accordance with rules made by the Minister in accordance with subsection (3) of this section.

Section 32.1 - Work permit for refugees

The Director may grant work permit to any refugee who qualify for the same.