Ministry of Home Affairs Website

Introduction 

The Department for Refugee Services was established in 1996. Before being placed under the Ministry of Home Affairs with its current structure, it was a Section under the Vice President’s Office and, later on, a Section under the Prime Minister’s Office.

The Department is headed by the Director of Refugee Services assisted by five (5) Assistant Directors who are heads of their respective Sections as follows:

• Assistant Director – Administration and Resource Management
• Assistant Director – Operations and Security
• Assistant Director – Legal and Protection

The Department for Refugee Services was established under the Parliamentary Act. No. 2 of 1966. The Act was known as Refugees Control Act of 1996. The Act was amended in 1998 leading to the new Refugee Act No. 9 of 1998 which then replaced the Refugees Control Act of 1996.

Functions of the Refugee Department

The main functions of the Department are:

• To desiignate camps and settlements for refugees
• To determine the need for refugees status and asylum
• To provide legal and physical protection for refugees and asylum seekers 
• To icoordinate and supervise refugees assistance programmes 
• To facilitate repatriation of refugees

The history of refugee management in Tanzania

It is a well known fact that even before her independence in 1961, Tanzania has given asylum to many asylum seekers and refugees from neighboring countries as well as far away countries. Among these refugees and asylum seekers, there are those who entered our country in large groups and those who did so individually in order to seek asylum and enjoy international protection.

As a country, the United Republic of Tanzania continues to provide sanctuary to hundreds of thousands of refugees and asylum seekers from different neighbouring countries. Her close proximity to refugee generating countries compounded with her long history of peace and stability, the generosity and hospitality of its’ people has made Tanzania highly susceptible to large refugee influxes.

Because of its humanitarian role in the provision of asylum and international protection to refugees, Tanzania has become an icon of asylum regime as manifested on her international obligation which she has pursued with endurance and dignity. The contribution that the country has made to this cause of humanity is invaluable yet indispensable. Forty five years down the line, the doors to the country continues to be open to bona vide refugees in need of protection and assistance.

To date, the country provides asylum to about 526,800 refugees. Majority of these refugees come from Burundi, Democratic Republic of Congo (DRC), Somalia and some few asylum seekers from Ethiopia, Uganda, Kenya and Zimbabwe.

The Refugee Department in the Ministry of Home Affairs is mandated by the government to address all matters pertaining to refugees during their stay in the country.

From a legal perspective, the Refugee Act No.9 of 1998 together with the National Refugee Policy form the fundamental tools of addressing refugee issues. The Act and the policy are complimented with other international refugee laws and conventions.

The Ministry of Home Affairs in partnership with UNHCR collaborates with other government institutions and a number of other agencies ranging from local to international No-Governmental Organisations in the implementation of the refugee assistance programme in the country. Refugees are required by law to reside in special designated areas, either in refugee settlements or refugee camps.

The history of refugee management and administration in the country has over the years evolved through two different stages. Initially refugees were settled in large settlements where they were provided with farming land with a view of enabling them become self sufficient in food production within two to three years upon their arrival.

These settlements were established largely in the seventies. There are three old refugee settlements which host Burundian refugees who entered in the country since 1960’s which are Ulyankulu in Tabora region, Katumba and Mishamo in Rukwa region. Another settlement is Chogo which is in Handeni District in Tanga region. The Chogo settlement hosts refugees from Somalia (the Bantu – Somali refugees) who fled the civil war in Somalia since 990’s.

During the initial period refugees in the old refugee settlements were provided with seeds and farm implements as well as extension services to enable them undertake sound agricultural and other handcraft activities. In the late 70’s and early 80’s these settlements were handed over to the government.

To date the government continues to bear the sole responsibility of administering and managing these settlements without any assistance from the international community.

The 1990’s period was characterized by three major influxes. The Burundian influx of 1993 following the assassination of the Burundian elected President, the late Melchoir Ndadaye, the Rwandan genocide of 1994 that left over 100,000 people crossing over night into Tanzania, and the 1998 Congolese influx.

With the large influxes of the 1990’s hirtho unprecedented in the history of asylum in Tanzania, the governments’ strategy on settlements shifted drastically into establishment of small temporary camps. These camps have been situated near the borders so as to make it ease for refugees to repatriate back to their homeland when situations improved in their countries.

At present refugee camps and settlements are location in four regions of Kigoma, Rukwa, Tabora and Tanga.

Refugee Status Determination Procedures

The process of refugee status determination starts immediately when an asylum seeker crosses the international border into our country. Section 9 (1) of our national legislation, The Refugees Act No 9 of 1998 provides for the requirement that;

Any person entering or who is within Tanzania, whether lawfully or otherwise and who wishes to remain in Tanzania as a refugee shall immediately and not later than seven days after entry, unless he has shown reasonable cause for delay, present himself or report to the nearest authorized officer, village executive officer, or a justice of peace and apply for recognition as a refugee.

The Refugees Act of 1998 provides for ways upon which a person can be recognized as a refugee. These ways are as follows;

i) Through a Ministerial Declaration or Order.

Under Section 4(c) of the Act, a person could be recognized as a refugee if he/ she belongs to a group of persons which by notice in the Government Gazette has been declared to be refugees for the reasons given out in paragraphs (a) and (b) of this section (which defines a refugee according to the 1951 UN Convention and the 1969 OAU Convention respectively).

This way is used particularly when large influxes of asylum seekers have entered the country simultaneously and it is not possible to conduct an individualized status determination procedure. In this case therefore, the Minister responsible for refugee affairs may by notice through the Government Gazette declare such groups of persons to be recognized as refugees. This prima facie status is only enjoyed by refugees

ii) Through Individual Status Determination;

Section 6 of The Refugees Act of 1998 provides for the establishment of the National Eligibility Committee which consists of the following members:;

• The Director of Public Prosecutions , who shall be the Chairperson;
• The President’s Office; (c) The Prime Minister’s Office;
• The Chief Minister’s Office; (e) The Ministry of Foreign Affairs and International Cooperation;
• The Inspector General of Police; (g) The Director of Immigration Services; and
• The Director of Refugee Services who shall also provide the Secretariat.

The Office of the UNHCR Representative in Tanzania attends meetings of the Committee as an observer. The main function of the Committee as stipulated under Section 7 of the Act is to deliberate on applications for refugee status in the country from individual asylum seekers and recommend to the Minister for either grant or denial of refugee status and asylum.

Section 9 of the Act gives an elaboration of the whole process of individual status determination. That is; the requirement for an asylum seeker to report to the nearest authorized officer within seven days upon entry; filling a presented application form and it’s registration by the Director of Refugee Services who later submit these forms before the Committee for deliberations.

The Committee having deliberated on the application sends its recommendation to the Minister who decides on whether to grant or deny refugee status and asylum. If denied asylum, an asylum seeker has the right to appeal to the Minister within seven days after being informed of the Minister’s decision and if this appeal is once again rejected then the applicant shall be deemed to be an illegal immigrant unless such person is accorded a mandated refugee status by UNHCR pending his relocation to another country by UNHCR within a specified period.