In Tanzania, the criminalization and persecution of LGBTQ+ individuals remains one of the gravest human rights challenges of our time. Despite Tanzania being a signatory to numerous international human rights treaties and having a constitution that guarantees dignity and equality for all citizens, members of the LGBTQ+ community continue to suffer from unjust arrest, inhumane treatment, and discrimination.
Arrests and Detentions Without Legal Justification
Tanzanian authorities frequently arrest LGBTQ+ individuals under the guise of enforcing morality or public order laws. These arrests are often arbitrary and based on perceived sexual orientation or gender expression, rather than any criminal conduct. While the Penal Code of Tanzania (sections 154 to 157) does criminalize certain same-sex sexual acts, it does not criminalize identity or orientation. However, in practice, LGBTQ+ individuals are harassed, detained, and interrogated solely based on who they are — not on any evidence of sexual activity.
These detentions are typically carried out without proper legal procedures. Individuals are often denied access to legal representation, held in poor conditions, and subjected to verbal and physical abuse.
The Cruel Practice of Forced Anal Examinations
Among the most appalling violations is the continued use of forced anal examinations — a medically discredited and abusive practice purportedly used to find “evidence” of same-sex relations. This procedure, carried out without consent and often in humiliating conditions, is not only ineffective and unscientific but constitutes torture under international human rights law. Both the World Health Organization (WHO) and the United Nations have condemned this practice as a form of cruel, inhuman, and degrading treatment.
Despite these condemnations, Tanzanian authorities have used forced anal exams as a tool of intimidation and punishment against LGBTQ+ individuals. Victims of this practice experience long-term psychological and physical trauma, as well as public humiliation and social ostracization.
A Violation of Tanzania’s Own Constitution
The Constitution of the United Republic of Tanzania enshrines the right to equality before the law, the right to dignity, and protection from torture and degrading treatment. Article 13 provides that all people are equal before the law and are entitled to equal protection under it. Article 12 guarantees every individual the right to recognition and respect for their dignity. These provisions make it clear that no individual should be punished or treated unfairly for their identity.
Therefore, the arrest, detention, and forced medical examinations of LGBTQ+ people not only violate international human rights standards but also contradict the principles set out in Tanzania’s own legal framework.
The Path Forward: Ending Discrimination and Upholding Rights
To address this systemic injustice, it is crucial for:
- Tanzania to abolish the practice of forced anal examinations in line with international human rights standards.
- Law enforcement to cease the arbitrary arrests of individuals based solely on perceived sexual orientation or gender identity.
- Policymakers and human rights organizations to push for reforms that protect LGBTQ+ individuals from abuse and uphold constitutional protections.
- Public awareness campaigns to combat stigma and educate communities on the distinction between criminal acts and identity.
The fight for LGBTQ+ rights in Tanzania is not just about legal reforms — it is about the right to live freely and with dignity, without fear of persecution. It is a call to reaffirm that human rights are universal and that no one should be punished simply for being who they are.
Until justice and equality are fully realized, we must continue to raise our voices, share these stories, and demand accountability.
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