By Our Correspondent
Dar es Salaam. The Legal and Human Rights
Centre (LHRC) has voiced serious concerns over the Miscellaneous Amendments
(No. 2) Act, 2024, currently under consideration by Parliament. The proposed
changes, which aim to modify the Immigration Act and the Land Act, have
prompted the LHRC to call for revisions, citing potential legal and human
rights implications.
"The Bill grants the Chief
Commissioner of Immigration excessive power to revoke 'Special Status' without
adequate checks and balances," said Dr. Anna Henga LHRC executive director.
"We believe that decisions of such
gravity should be made by the courts to ensure fairness and protect
individuals' rights." Dr. Henga added.
The LHRC also highlighted the need for
clear legal procedures and the right to a fair hearing before any special
status can be revoked. "It is essential that individuals are given the
opportunity to defend themselves in a judicial setting before their status is
taken away," the spokesperson added.
Another spotted area of concern is the
Bill’s reliance on subjective criteria, such as moral conduct and loyalty, for
granting "Special Status." According to the LHRC, these terms are too
vague and open to interpretation.
"Using moral conduct as a criterion
can lead to arbitrary and potentially discriminatory decisions. We need
transparent and objective standards to avoid any perception of bias," She
noted.
The LHRC also took issue with the Bill’s
approach to amending Section 37, which has been ruled unconstitutional by the
courts. "The government must respect the rulings of the judiciary,"
the spokesperson emphasized.
"Continuing to use provisions that
have been nullified by the courts is a direct challenge to the rule of
law." Dr. Henga said.
The Bill’s failure to protect the rights
of the Tanzanian diaspora, particularly in terms of land ownership and the
recognition of birthright citizenship, was also criticized. "The
government’s reluctance to introduce dual citizenship is troubling," the
spokesperson said. "It’s crucial that the rights of those with Tanzanian
heritage, wherever they may live, are fully recognized and protected."
While the Bill addresses some longstanding
concerns from the diaspora, the LHRC insists that “significant revisions are
necessary to ensure that it upholds human rights and the rule of law in
Tanzania."