The Right to Nationality and its Burden of Proof in Tanzania: An Illumination in the Case of Anudo Ochieng Anudo versus United Republic of Tanzania
Source: The Tanzania Lawyer
By Clement B Mubanga, The Tanzania Lawyer (Journal of the Tanzania Law Society), vol.1, No.1.
The right to nationality is a fundamental human right. Indeed, it stands to be a right to have rights. It creates a gateway towards other rights. Protection of this right is in its equivalence essential. One of the essential means to protect this right is to ensure that there are effective rules and standards of proof of nationality. The Tanzanian citizenship legal regime places the burden to prove one’s nationality in the hands of the same person who claims to be a Tanzanian citizen. The law does not further provide as to what constitutes proof of nationality. This burden of proof was brought to test in the case of Anudo Ochieng Anudo versus United Republic of Tanzania where the burden was shifted to the United Republic of Tanzania. This article highlights the essentiality if the right to nationality. the challenge of proof of nationality in Tanzania given the prevailing position of burden of proof, and the implication of the shift of burden of proof in the case of Anudo.