In Tanzania, people continue to lose their liberty — not for harming others, but for who they love. Under Sections 154–157 of the Penal Code, consensual same-sex relationships are criminalized, carrying punishments ranging from decades in prison to life imprisonment. These laws do not protect society; they institutionalize discrimination, perpetuate fear, and entrench structural injustice.
Between 2018 and 2024, enforcement of these provisions has resulted in arbitrary arrests, prolonged detentions, forced medical examinations, and severe prison sentences. While some cases have received international attention, many remain underreported, effectively erasing the victims from public discourse.
Colonial roots of criminalization
Tanzania’s laws criminalizing same-sex conduct are a legacy of British colonial rule, introduced to regulate private sexual behavior. Prior to colonialism, there were no legal prohibitions targeting consensual same-sex relationships in the region. Today, many former colonies, including parts of Africa and the Caribbean, have repealed or struck down similar laws, recognizing their incompatibility with human rights. Tanzania has not.
Real people, real prisons
Muharami Nayonga (Kilwa District, 2023): Muharami was convicted under sections 154 and 157 for allegedly engaging in consensual sexual acts with multiple partners. The court stated that he “allowed several people multiple times to penetrate him.” None of these other participants were investigated, charged, or prosecuted. Muharami was sentenced to 30 years’ imprisonment, with the court framing the sentence as a “lesson” to others.
Claudi Alex Mwinuka (Kyela District, 2023): Claudi was sentenced to 30 years in prison under the same sections for consensual same-sex conduct. His conviction reflects the arbitrary and harsh enforcement of laws that criminalize intimacy between consenting adults.
Seleman Stafa Mtupa (Newala, 2023): Seleman also received a 30-year sentence for consensual same-sex acts. Like the other cases, enforcement targeted only him, ignoring other participants entirely.
Zanzibar and mainland arrests (2018–2019): Human rights organizations documented multiple arrests, including 10 men in Zanzibar and 13 men on the mainland, for suspected same-sex sexual activity. Several were detained for days or weeks without charge and subjected to forced anal examinations, a practice internationally condemned as torture. While some were later released, the arrests demonstrate systemic harassment and arbitrary enforcement.
Selective prosecution: why one partner is punished
A striking feature of these cases is selective prosecution. Although consensual sexual activity involves two or more individuals, authorities consistently target only one participant — often the one most vulnerable or easily coerced — while leaving the other(s) free.
This practice undermines basic principles of fairness, equality before the law, and due process. It reflects moralistic discretion rather than the impartial administration of justice. In the cases of Muharami, Claudi, and Seleman, none of the other people who participated in the alleged acts were investigated, charged, or prosecuted, despite Sections 154–157 theoretically applying to all participants.
Forced anal examinations: a tool of discrimination
The misuse of forced anal examinations further entrenches injustice. These procedures are performed to detect evidence of penetration, but they do not identify the person who penetrated the accused. As a result:
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The receptive partner is subjected to invasive, coercive procedures
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The penetrator remains uninvestigated and uncharged
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Both participants are legally guilty under Sections 154–157, but enforcement is arbitrary and discriminatory
This practice violates bodily integrity, human dignity, and the prohibition of torture, as guaranteed under Tanzania’s Constitution and international human rights law.
Legal and human rights violations
The criminalization and selective enforcement of same-sex relations violate multiple domestic and international obligations:
Constitutional violations:
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Right to equality and non-discrimination
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Right to human dignity
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Right to privacy
International human rights violations:
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African Charter on Human and Peoples’ Rights
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International Covenant on Civil and Political Rights (ICCPR)
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UN Human Rights Committee recommendations on sexual orientation and gender identity
Additionally, the laws facilitate:
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Police abuse, extortion, and harassment
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Arbitrary detention without charge
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Stigmatization and marginalization of LGBTQ+ people
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Family and community violence
The impossibility of “fair reform”
These laws are inherently unworkable. Criminalizing consensual intimacy is incompatible with principles of equality, consent, and privacy. No procedural reform can make enforcement just when one partner is punished arbitrarily, others are ignored, and coercive practices such as anal examinations are routine.
Call to action
The only solution is full repeal of Sections 154–157. We call on:
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Parliament: Initiate repeal to uphold constitutional rights
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Judiciary: Enforce the Constitution and protect the human rights of all citizens
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Regional and international bodies: Monitor enforcement and hold Tanzania accountable
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Civil society and the public: Advocate, share, and demand reform
Conclusion
Criminalization of consensual same-sex conduct does not uphold morality or justice. It arbitrarily punishes individuals, erases participants from legal consideration, and perpetuates systemic abuse. Cases like Muharami Nayonga in Kilwa, Claudi Alex Mwinuka in Kyela, and Seleman Stafa Mtupa in Newala demonstrate the law’s cruelty and inequity.
No one should be imprisoned for consensual intimacy. No law should grant the state the power to punish love. Tanzania must repeal these laws — fully, urgently, and without delay.
