Tanzania Case Law

gihana and others v rwanda application 17 of 2015 2019 afchpr 47 28 november 2019

Court

TANZLII

The Court found that the Respondent State arbitrarily revoked the applicants’ passports without legal justification or procedural safeguards, violating their rights to freedom of movement and political participation under Articles 12(2) and 13(1) of the Charter. The Court held that local remedies were not available or effective due to the applicants’ circumstances and fears for their safety. The revocation did not amount to deprivation of nationality or statelessness, and claims regarding liberty, family life, and work were unsubstantiated.

Source excerpt

• Freedom of movement
• Political participation
• Nationality
• Statelessness
• Right to work
• Right to family life

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gihana and others c republique du rwanda requete n0172015 2019 afchpr 47 28 novembre 2019

Court

TANZLII

The Court found that Rwanda arbitrarily revoked the applicants' passports without legal justification or procedural safeguards, violating their rights to freedom of movement and participation in public affairs under Articles 12(2) and 13(1) of the African Charter. The Court rejected claims that the revocation amounted to deprivation of nationality or rendered applicants stateless, and found no violation of rights to liberty, family life, or work due to lack of evidence. The Court held the application admissible, as domestic remedies were not available or effective under the circumstances.

Source excerpt

• Arbitrary revocation of passports
• Right to nationality
• Right to freedom of movement
• Right to participate in public affairs
• Statelessness
• Procedural admissibility

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anudo v united republic of tanzania application no 0122015 2018 afchpr 5 22 march 2018

Court

TANZLII

The African Court held that Tanzania arbitrarily deprived Anudo Ochieng Anudo of nationality, unlawfully expelled him, and denied him judicial recourse.

• Nationality
• Statelessness
• Arbitrary expulsion
• Right to fair hearing
• Judicial remedies
• Deprivation of nationality

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anudo c republica unida da tanzania processo n 0122015 2018 afchpr 5 22 marco 2018

Court

TANZLII

The deprivation of the applicant's Tanzanian nationality was arbitrary, lacking sufficient legal and evidentiary basis, and failed to provide procedural safeguards or judicial remedies, in violation of international human rights standards. The subsequent expulsion was also arbitrary and resulted in statelessness, compounding the violations. The applicant was denied access to a court to challenge these decisions, breaching the right to a fair hearing.

Source excerpt

• Nationality
• Arbitrary deprivation of nationality
• Expulsion
• Right to a fair hearing
• Statelessness
• Remedies

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open society justice initiative v cote divoire communication 31806 2015 achpr 1 28 february 2015

Court

ACHPR

Côte d’Ivoire’s nationality laws and practices, particularly the doctrine of 'ivoirité' and the vagueness of the nationality code, resulted in discrimination against persons of Dioula origin and others, denial of nationality, and statelessness, violating Articles 1, 2, 3, 5, 12, 13, 14, 15, 18, and 22 of the African Charter. The legislative reforms undertaken did not fully remedy these violations, as they failed to provide clear definitions, adequate procedures, or retroactive and effective remedies for affected persons. The State is required to amend its constitution and laws, implement effe…

Source excerpt

• Nationality
• Statelessness
• Discrimination
• Equality before the law
• Right to dignity
• Freedom of movement

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modise v botswana communication 97 of 1993 2000 achpr 25 6 november 2000

Court

ACHPR

The African Commission found Botswana violated the Charter by denying John K. Modise citizenship by descent and by repeated deportations and related deprivations.

• Citizenship by descent
• Deportation
• Statelessness
• Right to property
• Freedom of movement
• Political participation

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