Lesbians, gays, bisexuals and transgender people (LGBT) in Tanzania face legal problems that other residents of this country do not experience. Homosexuality in Tanzania is taboo in society [1] . Same-sex relationships are criminally punishable in accordance with the laws of the country. According to a survey conducted in 2007, 95% of Tanzanians believe that homosexuality is an unacceptable lifestyle. For this indicator, Tanzania is in seventh place in terms of rejection of same-sex relationships among the 45 countries in which the study was conducted [2] .
| LGBT Rights in Tanzania | |
|---|---|
| Fundamental Rights Overview | |
| Legality of contacts | Same-sex contacts are prohibited by law. |
| Relationship Registration | Same-sex marriages are not registered. Other forms of unions are not registered. |
| Laws against discrimination | no |
Content
- 1 Legality of same-sex sexual relations
- 2 Protection against discrimination
- 3 Living conditions
- 4 Adoption
- 5 Pivot table
- 6 notes
The Legality of Same-Sex Sexual Relations
Throughout the whole country, sexual acts between men are illegal and life imprisonment is prescribed as the maximum punishment for them. Sexual acts between women are not specifically mentioned in the laws of mainland Tanzania. At the same time, the semi-autonomous region of Zanzibar outlawed same-sex acts between women with the maximum penalty of imprisonment for five years or a fine of 500,000 shillings.
Same-sex marriage and couples are also prohibited in Tanzania.
Protection against discrimination
Neither Tanzania’s constitution or legislation prohibits discrimination based on sexual orientation or gender identity.
Living conditions
There are no gay bars in Tanzania, but there are places where gays meet. Lesbians are less visible than gays.
Consistent with established views on homosexuality in Tanzania, it is believed that one man, Msengue, will play the role of a woman (for money or because of impotence, but not of his own free will), while Bash, the dominant partner, is assumed to be bisexual. Traditionally, Msengue is more stigmatized than Bash.
In 2004, several Islamist groups in Zanzibar attempted to cleanse the nation of phenomena that they considered sinful, including homosexuality. Zanzibar law criminalizing same-sex sex has been tightened.
Adoption
LGBT people are not specifically prohibited from adopting. A couple has the right to adopt a child together only if the married couple is married. A man can adopt a girl as the sole applicant only if “the court is convinced that there are special circumstances that, as an exceptional measure, justify the adoption of the adoption order”. However, there are no particular restrictions regarding the adoption of a boy by a woman as the sole applicant. Only a Tanzanian citizen no younger than 25 years old can adopt a child. A “child” under Tanzanian law is a person under the age of 21 who has never been married [3] .
PivotTable
| Type of | Status |
|---|---|
| Same sex | (Fine up to life imprisonment) |
| Equal age of consent | |
| Anti-discrimination laws only in employment | |
| Anti-discrimination laws for the provision of goods and services | |
| Anti-discrimination laws in all other areas (including indirect discrimination, incitement to hatred) | |
| Same-Sex Marriages | |
| Recognition of same-sex couples | |
| Adopting a child by same-sex couples | |
| Permission for gays and lesbians to openly serve in the army | |
| Access to IVF for lesbians | |
| Surrogacy for gay couples | |
| Permission to be a blood donor for MSM |
Notes
- ↑ Where is it illegal to be gay? (English) , BBC News (February 10, 2014). Date of treatment October 2, 2018.
- ↑ The number of adults surveyed in Tanzania was 704, resulting in an error of 4 percent with a 95 percent confidence level.
- ↑ The Adoption of Children Act - Tanzania . unstats.un.org. Date of treatment October 2, 2018.