Tanzania

Legal Code Summary

Penal Code, Chapter XV: Offences Against Morality from 1945 amended by the Sexual Offences Special Provisions Act from 1998

Legal Code Text

Section 154- “Any person who: has carnal knowledge of any person against the order of nature; or permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years.”

Section 155 - “Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall on conviction be sentenced to imprisonment for a term of not less than twenty years.”

Section 157 - “Any male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, whether in public or private, commits an offence and is liable to imprisonment for five years.

Section 138A - “Any person who, in public or private commits, or is party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, commits an offence and is liable on conviction to imprisonment for a term of not less than one year and not exceeding five years or to a fine not less than one hundred thousand shillings and not exceeding three hundred thousand shillings.”

ILGA Analysis & Notes

Tanzania ‘noted’ three recommendations to decriminalise and provide equal opportunity legislation across its civil code in its 1st cycle UPR in 2011. Interestingly, although there were no recommendations for same-sex marriage given, in its responses to recommendations the delegation for Tanzania mentioned, “Tanzania had no law on same-sex marriage, as the practice of homosexuality went against its traditional, cultural and religious rights. Homosexuality was illegal and punishable by law”. At its 2nd cycle UPR in May 2016, Tanzania received six recommendations regarding decriminalisation, non-discrimination and access to justice, health and rights to assembly and expression. Further, Canada called for the implementation of Tanzania’s National Human Rights Action Plan (2013-2017) and for the State to publicly call for an end to attacks. The delegation ‘noted’ (functionally rejected) all recommendations. The Concluding Observations of the Committee for the Rights of the Child in March 2015, at Tanzania’s 3rd review, overtly specified sexual orientation when the CRC spoke of being, “... concerned about reports that attitudes towards the sexual orientation of some HIV-infected children prevent these children from seeking and receiving proper HIV services and community health services (para 56). It thus recommended, inter alia, that Tanzania “(d) Ensure access to proper HIV services and community health services for all children, regardless of their sexual orientation, throughout the territory of the State party; and (e) Engage in public-education campaigns to combat discriminatory attitudes towards children on the grounds of their sexual orientation”. The Human Dignity Trust records a number of arrests made in recent years. The harsh legal and social situation of LGBT people in Tanzania in 2015/2016 is captured in a 2016 report ‘The Other Tanzania” produced by the East African Sexual Health and Rights Initiative. Reports in late-2016 and early-2017 suggest an increased State-representative hostility, with raids on HIV organisations for ‘promotion’ activities, and specific targeting of [gay] male sex workers. LGBT people have had to conceal their identities under the pressure of the law, thereby few voices have been able to advocate. But the marked escalation of political attention regarding SOGI, and a severe and dangerous crackdown on activities are currently intensifying in Tanzania.

2023-2024 Legal Developments

Continues to criminalise under the Sexual Offences Special Provisions Act (1998) (min. 30 years to life). Sustained 2023 political and religious pressure to introduce Uganda-style legislation did not result in a new bill by report cutoff. Multiple 30-year sentences were documented following forced anal examinations.