182. The Second Applicant submits that in considering the violations alleged, the
Court should take notice of the contemporaneous developments in
Tanzania’s Refugee Policy at the time of his arrest. He argues that in 1998,
Tanzania ended its open-door policy towards refugees in the face of
increased hostility to waves of refugees coming from Rwanda, the
Democratic Republic of Congo and Burundi.
183. He submits that under the 1998 Refugee Act, more restrictions were placed
on refugees’ movements within Tanzania.89 As such, according to the
Second Applicant, newly arriving refugees were prohibited from working
outside the UNHCR camps in western Tanzanian and from moving freely in
the country, as they were perceived as a threat to national security.90 He
states that a more aggressive law enforcement response was set in place
in late 1998, where the Tanzanian army tried to ‘flush out’ anyone living in
villages along the border with Burundi who was not in possession of the
resident permits. He avers that, as a result, Tanzania-Burundian married
couples were split.91
184. The Second Applicant surmises that the Respondent State thus violated
Article 2 and 3 of the Charter by exploiting his vulnerability as a refugee in
a foreign criminal legal system, and by failing to remedy the disadvantages
he faced as a result of his inability to speak the language or understand the
law.
*
185. The Respondent State did not respond to this allegation.
***
89
Kamanga, K. (2009). Trying to understand the Tanzania National Refugee Policy of 2003, Int’l refugee
Law News, Vol. 2, Issue 2, p. 5.
90 Landau, L. B., Challenge without transformations: Refugees, Aid and Trade in Western Tanzania, J.
of modern African Studies, 42(1), pp. 31-59 (2004).
91 Turner, S. (2005), ‘Suspended spaces: Contesting sovereignties in a refugee camp’, in Sovereign
bodies: Citizens, migrants and states in the postcolonial world, T.B Hansen and F. Stepputat (ed.),
Princeton University Press, pp. 32-322.
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