Land, Legacy, and Diaspora: A Fresh Perspective on Tanzanian Diaspora Rights

In a bold and unprecedented move, Tanzania is considering legislation that would grant land rights to its diaspora. This proposal aims to bridge the gap between homeland and global community, inviting Tanzanians abroad to invest in their roots.

Land Rights have been a subject of intense discussion over the last decade, especially in a period where a number of Tanzanians live abroad.

It is well known that Tanzanian laws explicitly prohibit land ownership by foreigners as per the terms of section 20 of the Land Act  regardless of your origin or previous nationality which goes hand in hand with the national Immigration laws which completely prohibit dual citizenship, once a person is granted another nation’s citizenship, they have to revoke their Tanzanian citizenship and all benefits that come along with it, including the right to land.

The matter has caused a lot of drift amongst diaspora Tanzanians who although no longer directly subscribing to Tanzanian nationality, still trace their roots to this beautiful nation, have families here and long-standing relationships fostered over long periods of time that cannot be broken down so easily just by a change of nationality.

The new bill introduces a new phenomenon under the Immigration Act Cap 54,   Tanzania non-citizen diaspora, which means a person who was formerly a citizen of the United Republic or whose either parent, grandparent or such other descendant is or was a citizen of the United Republic.

The bill proposes that Tanzanian non-citizen diaspora be entitled a special status and  Diaspora Tanzanite Card to own land, subject to fulfilling the requirements set out under the law and fulfilling the prescribed conditions. 

The bill proposes that persons who are Tanzanian non-citizen diaspora, of good standing, observing ethics and traditions, who aren’t fugitives, with valid passports and travel documents, or persons with rare, unique or noble profession or talent be eligible to be granted special status for an initial period of ten years renewable upon expiry.

The new bill also lists that such Tanzanian non-citizen diaspora be entitled to dependents passes for their dependents subject to complying with Tanzanian laws and regulations.

The bill proposes amendments to the Land Act to allow Tanzanian non-citizen diaspora to be granted a special derivative right, which is a special land right to be granted to non-citizen diaspora and non-citizen diaspora companies. However, such rights shall be limited to the lifeline of the diaspora card.

This is a welcome change in light of the growth of the Tanzanian economy and the increase of Tanzanian non-citizen diaspora. If one is working so hard to secure a future and wants its investments to go back to its country, then the process should not be as complicated as it currently is.

The proposed amendments to the Land Act represent a significant stride forward for Tanzanian non-citizen diaspora. By granting a special derivative right to this community, the government acknowledges their contributions and aspirations. No longer burdened by complex arrangements, Tanzanian non-citizen diaspora can now directly secure their interests in land. This streamlined process encourages investment and strengthens ties between the diaspora and their homeland. 

If this new law is approved, it will be a significant development and a step in the right direction. It will create more confidence in our system and allow more Tanzanian non-citizen diaspora to invest in their country.

What are your thoughts on the new law?

Disclaimer: The information provided in this article is intended for general guidance only. It does not constitute legal or professional advice. While every effort has been made to ensure the accuracy of the information presented, Port Town Legal assumes no responsibility for errors, omissions, or discrepancies. Any actions taken based on this information are at the user’s own risk.

Contact Us: For further inquiries or assistance, please reach out to us at hello@porttownlegal.tz

Picture of Kemilembe Barongo

Kemilembe Barongo

Kemilembe heads the Business and Investment Division and advises clients on day to day business transactions.

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Picture of Kemilembe Barongo
Kemilembe Barongo

Kemilembe heads the Business and Investment Division and advises clients on day to day business transactions.

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