Last Change:
05/26/2025
The National Refugee Policy
Year: 2003
Type: Domestic policy
Rights Category: Asylum
Description
The National Refugee Policy (2003) of Tanzania outlines the government's approach to refugee management. It emphasizes security, encampment, voluntary repatriation, and limited integration, aiming to balance humanitarian obligations with national interests.
Selected provisions
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.
Nevertheless, considering that the primary principle of refugee protection is that no one is returned to a country of origin where he or she would face serious harm, the exclusion clauses will be applied objectively and with due regard to the principle of human rights and due process of law. Furthermore, it is also important to observe that asylum and protection are guaranteed for refugees as long as the need for protection continues. The need for international protection may cease when the circumstances in connection with which refugee status was granted have fundamentally and durably changed and national protection can safely be resumed.
Considering that the primary principle of refugee protection is that no one is returned to a country of origin where he or she would face serious harm, the exclusion clauses will be applied objectively and with due regard to the principle of human rights and due process of law.
Tanzania has a tradition of providing a safe haven to people who flee persecution and conflicts in their countries of origin. It is or this reason that the system of refugee status determination has been put in place to assist the government to offer the required protection to those who deserve. In granting refugee status, the government decides on an applicable procedure (through individual status determination or declaration of a group basing on factors which forced asylum-seekers to flee and seek asylum). So far the government has been using the individualized system of status determination which works well despite the fact that resources have continued to be the major obstacle in making it more efficient and effective. For large influxes it has been more convenient to use the group recognition or the prima facie approach through Ministerial Orders issued by the Minister responsible for refugee affairs. The government of Tanzania will work out mechanisms that will require all refugees to present themselves to authorized officers for documentation.
The government is committed to securing for refugees in Tanzania adequate protection as provided for under international refugee instruments. Subsequently, the right to asylum shall be guaranteed. Refugees will not be expelled from Tanzania except on grounds of national security or public order and in accordance with applicable principles contained in the refugees instruments. A refugee expulsion, if necessary, will result from a decision reached in accordance with due process of law. Except where compelling reasons of national security require otherwise, the refugee will be allowed to submit evidence, and to appeal to and have their cases reviewed by competent authorities. The government will apply
any justifiable and legitimate measures it may consider necessary for better management of the expellee including allowing him a reasonable period within which to seek legal admission into another country.
Similarly, the government is committed to treat all refugees in a humane way. However, there may be crisis situations in other countries whereby considerable numbers of refugees arrive at the Tanzanian borders, or cross the borders within a relatively short period of time. As it will be appreciated, the pressure of the needs in such crises, together with practical limitations, can make it impossible to meet the standards which should be applied in light of international instruments and protection principles. The government will endeavor in collaboration with other stakeholders to promote acceptable standards of treatment under international refugee law, particularly with regard to the security and dignity of human life and take appropriate measures to ensure that law and order prevails and the security of the country is not jeopardized.
Education is a powerful tool in the process of adaptation and social Integration for refugees forms the basis for personal development and through education refugees Improve their chances to contribute to society through participation in the labour market and other processes when they go back home. For refugees, who have been uprooted and forced to flee, the process of rebuilding their lives in a new environment must therefore be momentous and as such they need to be facilitated by the easy access to education provision. Considering that refugees will eventually return home and In order to make it easier for them to easily reintegrate In their societies, the government will allow provision of education to refugees. In accordance with the curricula used in their countries of origin. As for post primary education, the government will encourage the international community through UNHCR and other agencies to establish special schools and Institutions in the camps.
The government acknowledges that adequate protection of refugees requires the attainment of a degree of self sufficiency. Furthermore, allowing refugees to use their skills or develop new ones while in exile will facilitate meaningful reintegration in their countries of origin when they are able to return. In this regard this policy takes into account the National Employment Policy which is multi-sectoral in nature, because employment issues are the concern of everybody and calls for the participation of many stakeholders beside the government. It is worth pointing out that refugees are a human
resource which could be utilized for the Improvement of the economy and betterment of life and living standards. The employment policy however, takes a look at the national employment growth potentials and reveals that the labour market is generally in crisis and faces many challenges. It is in this respect that the government will continue to commit itself to the humanitarian
deed, meanwhile it will continue to look for solutions to its unemployment problem and this calls for all stakeholders to join hand in developing a conducive environment for more employment opportunities. As far as refugees concerned, the government will allow small income generating activities to be undertaken within the camps.
In considering Refugees rights, treatment and the state obligations, the government will be guided by the International Humanitarian principles without compromising National interests. Refugees will be hosted in designated areas whereby the international community will be required to provide material assistance. To avoid environmental destruction, and for efficient service delivery, management and monitoring, no camp shall accommodate more than fifty thousand refugees. These camps should not be concentrated in one area (at least 30 kilometers apart) so as to avoid imminent pressure on natural resources and minimize the burden placed on the shou1ders of local authorities. Refugees will not be allowed to own land. Nevertheless, plots will be temporarily allocated to them for purposes of building their shelter and kitchen gardening. The maximum plot size will be 35x35 meters per household