1. The Registration and Identification of
Persons Act[1].
The
Registration and Identification of Persons Act was enacted for the first time
in Tanzania in 1986, it remained un-enforced for a period of almost 25 years
until 2011 when it came to force. The statute provides on several matters
concerning process for application of registration, registration exercise and
issuance of National Identification Cards or Numbers. The Act under section
7(1) requires that every person of or above the age of eighteen years who,
on or after the commencement of this Act, is or resides in the United Republic
to make an application for registration. The above section provides that;
“Subject to subsection (2)
and other provisions of this Act, every person of or above the age of eighteen
years who, on or after the commencement of this Act, is or resides in the
United Republic and to whom this Act applies may make an application for
registration in pursuance of this Act”[2].
This
Act further states that every applicant is required to furnish in writing
particulars necessary for registration such as full personal name and surname,
business and residential address, place of birth, age and sex, marital status,
profession, occupation and nationality as provided under section 9(1)(b)
which provides that;
“Every applicant shall furnish in writing, the following particulars to
the registration officer in such form as he may require, namely-- (i) the full
personal name and surname by which he elects to be registered and, if he is
known by or uses different personal names or surnames, each of such names, iii
full; (ii) his business and residential addresses within the United Republic;
(iii) the nationality he claims; (iv) his place of birth; (v) his age and sex;;
(vi) his marital status; (vii) his profession, occupation, trade or employment,
and (viii) such other particulars as the Minister may, by order published in
the Gazette, prescribe.”
During
registration, all applicants are informed and may be required to submit their
thumb-print or any other single fingerprint as it may be required by a registration
officer.
Section 9(2) of the statute provides further that, where an
applicant is illiterate and incapable to read and write, he may use words of
mouth to state his particulars necessary for registration process, and finally
he will be required to affix his signature or fingerprint to those particular
details as a proof that all details given are true to the best of his knowledge
and no any intention to deceive.
“Where the applicant illiterate or otherwise unable to write, he shall
dictate the relevant particulars to a registration officer or any other person
authorized by the Registrar for that purpose and, upon completion, the
applicant shall acknowledge the correctness of the particulars by affixing his
signature, fingerprint or mark in the presence of the registration officer or
the other person authorized, in suck place and in such form as may be
indicated.”
The
Act also describes Registration and types of National Identification Cards that
were issued to citizens, refugees and foreign residents eligible to stay in
Tanzania. Section 10 of the Act, recognizes two types of Cards which are
National Identification Cards for citizens of United Republic of Tanzania and
the one for foreigners legally residing on land of Tanzania. The IDs must
contain necessary details which are necessary for the purpose of recognizing
the holder of the Card. The above section provides that;
“There shall be two types of
identity cards of such form as the Minister may prescribe in respect of; (a)
citizens of the United Republic; (b) aliens’ resident in the United Republic;
and an identity card shall contain such particulars to e prescribed as may be
necessary for the purposes of identifying the holder”.
To
add more emphasis on the need for registration and identification of persons by
government, Section 11 of the statute imposes mandatory requirement
that, in any government dealing i.e public services, a citizen of Tanzania must
use only registered names and, in some circumstances, if needed, furnish the
number of his identity card to the satisfaction of the public officer or any
other person lawfully requiring the number. The above section provides that;
“Notwithstanding the provisions of any law to the contrary, every
registered person who is registered under this Act shall, in all dealings with
the , to Government or of a public nature-,- (a) use the personal name and
surname by which he elected to be or, is registered; (b) furnish the number of
his identity card to the satisfaction of the public officer or other person
lawfully requiring the number, and (c) when he is required by law to furnish
particulars of any other person, so far as he is able- (i) submit the personal
name and surname by which such other person elected to be registered; and (ii)
furnish the number of the identity card relating to such person to the
satisfaction of the public officer or other person lawfully requiring the
number”.
For the purpose of self-identification,
citizens are required under section 12(1) of the Act, to carry with them
National Cards. Section 12(1) of the Act provides that; “A person to
whom an identity card is issued under this Act shall keep the card in safe
custody and may, subject to this Act, carry it on his person for
self-identification.”
The Act also gives or
assigns several public officers with administrative powers to the entire
registration and identification of persons exercise. It immensely empowers the
Minister for home affairs to supervise the National Registration and
Identification of persons. Other powers of the Minister enshrined in the Act includes;
Appointing Officers to work in the National Identification Authority. The Act
under section 5(1) provides that;
“The Minister shall, appoint by name or Office a
public Officer to be the Registrar for the purposes of this Act”.
2. The Tanzania Citizenship Act[3]
The citizenship Act is directly connected to
registration and identification of persons in Tanzania, one of the major requirements
to be registered by NIDA and being given IDs is the issue of citizenship. Only citizens
of Tanzania are entitled a right to be registered and given National IDs,
foreigners may acquire National IDs but under special requirements stipulated
by Immigration offices. This is as to say, you only be registered and get
National IDs if you’re recognized as a citizen either by birth, naturalization,
or by decent. So, recognition of a person as a citizen of Tanzania as per
Citizenship Act has a major role to do with registration and issuance of
National IDs/NINs.
The Act describes how a person can attain citizenship
of Tanzania (i.e. acquisition of citizenship by birth and naturalization) and
renunciation and deprivation of citizenship. It further describes the manner to
apply for citizenship by naturalization in the United Republic of Tanzania. An
issue of citizenship is a key requirement for registration and identification
of persons, a non-national cannot be registered under national identification
system unless he/she falls within requirement of registration and
identification of foreigners legally residing in Tanzania while a citizen have
automatic right of registration in National Identification System. In most
jurisdictions, a person acquires citizenship of a particular country by a
reason of being born there (citizenship by birth), but also a person can
acquire citizenship at an alien country by either naturalization or
registration.
As per the laws of Tanzania particularly The Tanzania
Citizenship Act, any person who was born in Tanganyika or Zanzibar before Union
Day and he/she was a citizen of either one of those nations before union,
continues to be a citizen of United Republic of Tanzania after Union Day. Being
recognized as a citizen of Tanzania is one criterion toward being registered
and identified in National Identification System of NIDA. A person who is not
either a citizen by birth or foreigner legally residing in Tanzania and
entitled legal right to hold NIDA Card, he/she is not entitled right to possess
NIDA Card.[4]
Section 4(1) provides that, “Every person who, having been born in Mainland Tanzania or in Tanzania
Zanzibar before Union Day, was immediately before Union Day a citizen of the
Republic of Tanganyika or of the People’s Republic of Zanzibar shall be deemed
to have become, on Union Day, and, with effect from Union Day, subject to
section 30, to have continued, and after the commencement of this Act shall
continue, to be a citizen by birth of the United Republic.”
(2) “Every
person who, having been born outside either Mainland Tanzania or Tanzania
Zanzibar before Union Day was, immediately before Union Day a citizen by
registration or naturalization of the Republic of Tanganyika or of the People’s
Republic of Zanzibar shall be deemed to have become, on Union Day and, with
effect from Union Day, subject to section 30 to have continued to be, a citizen
by registration or, as the case may be, by naturalization of the United
Republic, and after the commencement of this Act shall become and continue to
be a citizen by naturalization of the United Republic”
(3) “Every
person who, having been born outside both Mainland Tanzania and Tanzania
Zanzibar before Union Day, was immediately before Union Day a citizen by
descent of the Republic of Tanganyika or of the People’s Republic of Zanzibar
shall be deemed to have become, on Union Day and, with effect from Union Day,
subject to section 30, to have continued, and after the commencement of this
Act shall continue, to be a citizen by descent of the United Republic”.
All these provisions explain various situations which
makes an individual being legally recognized as a citizen of Tanzania, which
gives an individual all rights as a citizen, include being registered and being
issued with identity card as a citizen. As per section 5, Every person born in
the United Republic on or after Union Day shall be deemed to have become and to
have continued to be a citizen of the United Republic with effect from the date
of his birth, and with effect from the commencement of the Act shall become and
continue to be a citizen of the United Republic, subject to the provisions of
section 30 and he/she enjoys all rights and privileges as a citizen include
being registered and being issued with NIDA Cards.
Foreigners may possess NIDA Cards, but they must
prior, before being issued with Cards, proves that they have acquired
citizenship permanently or temporarily as stipulated by Immigrations laws.
The immigration office is responsible to issue
residence permit or citizenship to all foreigners who seek to live or work in
Tanzania. Foreigners may be assigned National IDs after they acquire
citizenship under immigration office. A foreigner is not entitled an automatic
right to be registered under National Identification System prior being
registered and issued with permits or citizenship documents by immigration. So,
there is connection between immigration and NIDA when it comes to registration
and issuance of National IDs to qualified foreigners.
The responsibilities of the Heads of Immigration in
each Region, Districts and entry or exit point office in relation to
registration and issuance of Cards are to: co-ordinate and manage all
immigration matters; and facilitate and control immigration activities within
their areas of jurisdiction. This includes verification of citizenship status
of individual applicants for registration within their area of jurisdiction. All
migrants who are looking for residence permit or citizenship of Tanzania must
undergo several steps to acquire residence permit or citizenship, all the
processes involve exchange of information between immigration and the
foreigners. Finally, those who qualify to be assigned residence permit or
citizenship must be registered in the register which may later be used in
issuing National Identification Cards by NIDA.
As per section
12 of the Act, general duties of immigration officers include to manage
movements of foreigners who wish to enter and stay in United Republic of
Tanzania, to facilitate, control and grant citizenship to those qualified alien
immigrants, to investigate national and transnational crimes, to facilitate
issuance of national identity cards and to co-operate with embassies,
consulates, airlines, and other checkpoint stakeholders with a view to sharing
of information relating to fraud activities.
4. The Births and
Death Registration Act[6]
Births registration is important when comes an issue
to prove age and birth place. As we saw at above paragraphs at item 3.1.2 on
the issue of citizenship and its importance on registration of persons by NIDA,
births records are necessary information to prove age and birth place of a
person which can simplify the entire exercise of registration and
identification of persons for issuing National IDs by NIDA. By being born in
Tanzania, a person acquires an automatic citizenship which is among basic
requirements for being registered by NIDA. It is a requirement of the law under Section 11 of the Act that, every child
born alive on land of United Republic to be registered within three months of
birth. These birth records will be used at future by NIDA as a proof of birth
place and age of an applicant who seek National Identification Card.
In default, a
father or mother of a child is responsible to make sure a child is registered
in birth register, but occupier of a house or building where a child was born
or any person who witnessed the birth of a child can cause to be registered of
a child when his/her parents are dead or they cannot be found. With respect to
birth, the Act describes mode of registration, duty of registration, change of
name, late registration of birth and compulsory registration of births. The Act
describes the duties, powers and appointment of the Registrar General. The Act
requires every person registering the birth of a child to provide the
particulars which are certified correct based on the best of their knowledge
and ability. The certified information provided during the registration of
birth provides proof of the age during the registration for National
Identification when attaining the age of 18 years.
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