Tanzania: Ethiopian Migrants Languish in Prison

Hellen Nachilongo

Freelance journallist

Monday, 18 December, 2023

The link has been copied

Human rights organisations in Tanzania are warning of the plight of Ethiopian migrants jailed for illegally entering the country who may spend months or even years in prison after serving their sentences.

Tanzania is on a migration route used by those from both east and West Africa seeking opportunities in South Africa – a country that is a particular draw for Ethiopians due to the growing diaspora community there.

According to official statistics, between 2020 and 2023 over 5,000 Ethiopian migrants were arrested and imprisoned in Tanzania for terms of between one and six years under the immigration Act Cap 54 of 2016.

However, many remain in prison for much longer due to a lack of resources to deport them.

Immigration Services Department spokesperson Paul Msele said that Tanzania was trying to deter resolve the issue through a number of approaches, including an amended visa regime, action against people smugglers and joint efforts with the International Organisation for Migration (IOM) to return undocumented migrants.

"Tanzania, by collaborating with the Ethiopian government, discussed and agreed to eliminate referral visas, and now Ethiopians who travel using legal transport modes are given a referral visa on arrival,” Msele said, noting that previously these documents had to be applied for two months before travel.

He said that the elimination of these visas in February 2023 aimed to allow Ethiopians to travel through Tanzania using official transport channels., thus preventing people smugglers from exploiting illegal immigrants.

“That is why when a person is found guilty of offences related to aiding the passage of undocumented migrants, they are jailed for between 20 and 30 years or fined Sh20 million (8,050 US dollars),” Msele continued.

The court may also order the confiscation of the vehicles or houses that were used to transport or accommodate migrants while en route to Tanzania.

According to official data, 1,142 Ethiopian migrants were arrested in 2020. The number increased to 2,104 in 2021 and declined slightly to 1,978 in 2022.

“Since January this year, about 592 Ethiopian migrants have been arrested,” Msele said, adding, "The issue of Ethiopian immigrants is quite complex because it involves many countries and actors.”

Msele said he had no data as to the number of Ethiopian migrants killed or injured during their journeys. 

However, a study by the International Organisation for Migration (IOM) recently found the route to be fraught with significant risks due to the long distances involved and the reliance on people smugglers. Immigrants were exposed to violence, exploitation, and abuse, both in transit countries and at their destination.

Legal and Human Rights Centre (LHRC) executive director Anna Henga says that many of the undocumented Ethiopian migrants made the journey packed into truck containers, while others were ferried through marine cargo vessels.

The situation was further complicated, she continued, by the fact that some migrants ended up settling in Tanzania, marrying and having children. Children born to undocumented migrant fathers would be stateless, Henga emphasized, as both parents needed to be citizens to provide their child with Tanzanian nationality.

Those convicted of illegal entry are required to return directly to their respective countries after finishing their jail terms.

“We have been getting support from the IOM [since February 2023] to help transport them,” Msele noted.

“In collaboration with the Ethiopian government, we have been actively involving Ethiopian families to assist in transporting their relatives. Since we commenced this engagement with families, the number of detainees lingering in jails after completing their terms has consistently decreased,” he concluded.

The Prisons Department did not provide any data for the Ethiopians who remain in jail after finishing their terms.

But Janemary Ruhundwa, executive director of Dignity Kwanza, a Dar es Salaam-based NGO that supports marginalised communities, said that some Ethiopians remained in prisons for several years, not least because it was costly for the Tanzanian state to send them back.

The cost of deportation ranges between Sh500,000- Sh600,000 (200 and 250 dollars) per migrant.

The annual report of the Controller and Auditor-General (CAG) for the financial year ended June 30, 2022, submitted to the Tanzanian Parliament in February, indicated that keeping all 4,419 illegal immigrants in Tanzanian prisons during this period cost the government about Sh5.8 billion (2.5 million dollars).

Despite extensive efforts, it was not possible for IWPR to gain access to Ethiopians in prison.

The Prisons Act restricts media activities in prisons or their vicinity, making it hard to assess conditions in which detainees are held.

The Commissioner General of Prions, Mzee Ramadhan Nyamka, told IWPR that it was impossible to visit any prisons or meet any jailed migrants.

“We do not permit individuals to visit Ethiopians in custody,” he said. “If you wish to visit or interview them, it must be on the day they are scheduled to return to their respective places, and this can only occur after they have completed their jail term.”