UPR Sexual Rights Database

National Report:
Para 43) Section 169A of The Penal Code [Cap 16 RE 2002] criminalizes Female Genital Mutilation (FGM) of girls under the age of 18 years in Tanzania Mainland. Also, the National Plan of Action for Prevention and Eradication of FGM 2001-2015 is designated for review in 2016 while the National Plan of Action to Accelerate the Eradication of FGM and Other Harmful Traditional Practices and the National Human Rights Action Plan 2013-2017 are operational. Further, the National Policy on Childhood Care and Development which addressed FGM is at the validation and approval stages.

Para 44) FGM cases are being successfully prosecuted in the criminal justice system as a result of awareness raising and capacity building. Programmes for alternative sources of income for those who perform FGM as means of livelihood have been devised and the State in collaboration with CSO's continues the implementation of the 'Stop Female Genital Mutilation' campaign which is changing people's attitudes towards FGM

Para 45) All killings are criminalized under Section 196 of the Penal Code [Cap 16 Re 2002] as murder. The State is in the process of reviewing the Witchcraft Act Cap, 18 and the Traditional and Alternative Medicines Act, No. 23 of 2012 with a view of using the legislation to combat witchcraft and witchcraft killings. The State also continues to register traditional healers and places parameters to their activities. Further, the NHRAP promotes rights of the elderly by addressing issues of witchcraft associated killings. The National Aging policy of 2003 is being reviewed and a Bill is being prepared to protect the elderly. Further, 17 safe homes for elderly persons have been established to support survivors of witchcraft killings

UN Compilation:
Para 22) UNCT stated that, in its efforts to address harmful cultural and traditional customs and practices, such as female genital mutilation, polygamy and the bride price, the United Republic of Tanzania had continued to strengthen the implementation of the Zanzibar Penal Act (2004) and the Penal Code (applicable on the mainland), both of which criminalized female genital mutilation. The State had also carried out public awareness-raising campaigns and media programmes in an effort to eliminate female genital mutilation.

National Report:
Para 17) The Cybercrimes Act of 2015 was enacted to criminalise offences related to computer systems and information communication technologies and for investigation, collection and use of electronic evidence and related matters. The Act also provides the right to privacy and promotes the security of children as it criminalises pornography.

Para 66) Section 83 of the Law of the Child Act No. 21/2009 and section 13 of the Cyber Crimes Act No.14 (2015) prohibit access to child pornography. The Mutual Assistance in Criminal Matters Act, Cap 254 provides for mutual assistance in criminal matters between Tanzania and foreign countries; to facilitate the provision and obtaining of such assistance; and to provide for related matters. The Extradition Act, Cap 368 provides for the extradition procedure of criminals and related matters.

Para 67) The Anti-Traficking in Persons Task force trained Local Government Authorities on prevention of child trafficking who subsequently developed by-laws in their respective villages to prevent child trafficking. The Task Force also developed awareness raising materials on prevention of child trafficking and human trafficking in general. Under the period of review 466 professionals working with children were trained on child protection in the course of implementing the child protection system strengthening programme.

UN Compilation:
Para 24) UNCT stated that sexual, physical and emotional violence against children was a pervasive problem, in both the private and public spheres, including government facilities such as schools and prisons. The national plan of action to prevent and respond to violence against children for 2013-2016 was adopted on the mainland, and the national plan to respond to violence against children for 2011-2015 was adopted in Zanzibar. While some progress had been made in implementing the commitments under those plans, insufficient resources had been allocated. Survivors of sexual abuse and violence struggled to achieve justice and obtain social support. The vast majority of the police, prosecutors and magistrates required training. The lack of capacity often contributed to impunity for perpetrators.