Draft:LGBT rights in Tanzania

• Comment: Some of the content here can be incorporated into the existing article for LGBT rights in Tanzania. Please take care to omit unsourced claims, opinions, and passages that read more like an essay than an encyclopedia article. gobonobo ^{+ c} 12:47, 19 April 2023 (UTC)

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LGBT rights are a highly controversial topic in many parts of the world, but they should not be. LGBT rights are human rights. International law states that people who identify as lesbian, gay, bisexual, and transgender are entitled to the same rights as everyone else. In Tanzania, homosexuality is illegal. If an LGBT person is arrested on suspicion of homosexuality, they will likely be punished with a lengthy prison sentence. Anti-homosexuality laws are regularly enforced in Tanzania. The enforcement of anti-homosexuality laws has negatively impacted systems of education, health care, and immigration in Tanzania. The origins of systemic homophobia in Tanzania are complex, appearing as the result of various religious influences. LGBT persons in Tanzania have gone to great lengths to hide their gender identity and sexual orientation from authorities. Some LGBT persons in Tanzania have developed their own languages to express themselves. Other LGBT persons in Tanzania have turned to the Internet and social media to express themselves. Activists are using the Internet and social media to advance equality, diversity, education, and justice for LGBT persons in Tanzania. Liberating LGBT persons in Tanzania is a form of decolonization that will be best achieved through digital technologies.

The Universal Declaration of Human Rights (UDHR) states that “all human beings are born free and equal in dignity and rights”. People who identify as lesbian, gay, bisexual, and transgender are entitled to the same protections as everyone else regarding their rights. The International Covenant on Civil and Political Rights (ICCPR) is a legally binding document that nearly all United Nations (UN) Member States have ratified, including Tanzania. The ICCPR prohibits discrimination based on sexual orientation and gender identity. The UN outlines five legal obligations of Member States in protecting the rights of LGBT persons. The first obligation is to “protect individuals from homophobic and transphobic violence. The second obligation is to “prevent torture and cruel, inhuman and degrading treatment of LGBT persons”. The third obligation is to “decriminalize homosexuality”. The fourth obligation is to “prohibit discrimination based on sexual orientation and gender identity”. The fifth obligation is to “respect freedom of expression, association and peaceful assembly”. Despite Tanzania’s ratification of the ICCPR, the rights of LGBT persons in Tanzania continue to be violated. The violation of LGBT rights in Tanzania is a violation of international law.

Tanzanian law is clear in its prohibition of homosexuality. Section 154 of the Penal Code, which dates back to British colonial rule, punishes knowledge deemed unnatural with a fourteen-year prison sentence. When Tanzania gained independence, the sentence for knowledge deemed unnatural was extended to thirty years of imprisonment. Section 155 of the Penal Code punishes attempts at homosexual relations with a prison sentence of up to twenty years. Section 157 punishes indecency between males with a similar prison sentence. In 1998, the Sexual Offences Special Provisions Act was passed. The Act added section 138A, which punished gross indecency with a prison sentence of up to five years. In Zanzibar, a semi-autonomous province of Tanzania, section 150 of the Penal Code punishes knowledge deemed unnatural with a fourteen-year prison sentence. Section 154 punishes gross indecency with a five-year prison sentence. Section 158 was added in 2004. The section criminalizes sexual relations between women and same-sex marriages. The Tanzanian government regularly enforces the anti-homosexuality laws outlined in its Penal Code.

In October 2018, the Tanzanian government launched a crackdown on homosexuality. In this crackdown, men suspected of being homosexual were rounded up and tested. In testing, men suspected of being homosexual are subjected to an invasive anal examination. Anal examinations have been deemed unconstitutional and dehumanizing in the neighbouring country of Kenya. Following examination, men suspected of being homosexual are punished with a prison sentence of up to thirty years. In November 2018, ten men were arrested in Zanzibar on suspicion of homosexuality. Authorities received notice that a same-sex marriage was taking place at Pongwe Beach. Authorities showed up to the ceremony to find men seated next to other men. Tanzanian authorities are under the impression that if a man is seated next to another man, both men are homosexual. Six men at the ceremony fled the scene before Tanzanian authorities could arrest them. The Tanzanian government continues to crack down on homosexuality to this day. In March of 2023, a police officer in Zanzibar was relieved of his duties and arrested on suspicion of homosexuality. The officer was seen engaging in a homosexual act in a video shared online. Zanzibar Police Commissioner Hamad Khamis determined that the officer would be subjected to an anal examination to prove his engagement in the homosexual act. The enforcement of anti-homosexuality laws has negatively impacted various systems in Tanzania.

In its enforcement of anti-homosexuality laws, the Tanzanian government has placed heavy restrictions on what is taught to children in school. In February of 2023, Tanzania’s Education Minister Adolf Mkenda announced a ban on the popular children’s book series The Diary of a Wimpy Kid. According to Mkenda, the series violates Tanzanian cultural norms. The cultural norm in question is that of heterosexuality. Mkenda also noted that authorities would monitor school libraries to ensure that The Diary of a Wimpy Kid is no longer available on shelves. The school administers that disregard the new ban risk punishment of up to thirty years in prison as outlined in section 154 of the Penal Code. Teaching children about gender and sexuality in school promotes inclusivity and acceptance, which reduces discrimination. Similarly, teaching children about gender and sexuality in school provides them with supportive information. This information may be crucial to children who are questioning their gender and sexuality or who know someone else that is questioning their gender and sexuality. Unfortunately, in Tanzanian schools, children are not learning about gender and sexuality. The enforcement of anti-homosexuality laws in Tanzania has also hurt the health care system.

In its enforcement of anti-homosexuality laws, the Tanzanian government has made seeking out treatment for human immunodeficiency virus (HIV) incredibly challenging for LGBT persons. HIV weakens the immune system, making it difficult for the body to fight infections and diseases. HIV is transmitted through bodily fluids such as blood, semen, vaginal fluid, anal mucus, and breast milk. HIV cannot be cured but can be controlled through medical treatments and therapies. Those who seek medical treatments and therapies to control their HIV typically live long and healthy lives. If HIV is left untreated, it can develop into acquired immunodeficiency syndrome (AIDS). AIDS is the most severe form of HIV in which the immune system is all but destroyed. AIDS is an often-fatal condition. Therefore, it is of the utmost importance that anyone, regardless of gender identity or sexual orientation, has access to medical treatment and therapies for HIV. LGBT persons in Tanzania are not likely to seek treatment for HIV as it would require that they disclose their engagement in homosexual acts to medical personnel. LGBT persons with HIV in Tanzania fear that medical personnel may discriminate against them and potentially alert authorities to have them arrested for their homosexuality. Because LGBT persons in Tanzania are not seeking treatment for HIV, cases of the virus are spreading, HIV is developing into AIDS, and people are dying. HIV is an epidemic in Tanzania, and anti-homosexuality laws only aggravate it. The enforcement of anti-homosexuality laws in Tanzania has also harmed systems of immigration.

In its enforcement of anti-homosexuality laws, the Tanzanian government is forcing LGBT persons to flee. LGBT persons in Tanzania constantly fear having their gender identity or sexual orientation discovered by authorities. If their gender identity or sexual orientation is discovered, LGBT persons in Tanzania are likely to be arrested and punished with a lengthy prison sentence. In large numbers, LGBT persons are seeking asylum in countries where their human rights are promised to be respected, including South Africa and countries in Europe. Unfortunately, seeking asylum is not easy, especially for LGBT persons in Tanzania. While many countries promise to grant asylum on the grounds of sexual orientation, xenophobic attitudes make it difficult for them to keep their promise. Xenophobia is the intolerance of people from other countries and manifests through acts of discrimination. A xenophobic narrative regarding LGBT asylum seekers from Tanzania suggests that they are using their gender identity and sexual orientation to seek economic opportunities rather than asylum. This narrative has led to a rise in immigration officials requesting proof. While immigration officials are not conducting anal examinations, they are requesting disclosure of their engagement in homosexual acts. Reporting of sexual history is not a typical requirement for immigration. LGBT persons in Tanzania are left to choose between experiencing acts of discrimination related to homophobia in Tanzania or acts of discrimination related to xenophobia in another country. In the discussion of LGBT rights in Tanzania, it is essential to understand how systemic homophobia came to be.

The origins of systemic homophobia in Tanzania are complex, appearing as the result of various religious influences. The three main religions in Tanzania are Christianity, Islam, and Indigenous spirituality. Scholars are of the understanding that European colonial rule in the 19^th and 20^th centuries largely contributed to the homophobic attitudes that exist in Tanzania today. The Europeans were the first to introduce Christianity to Tanzania through schools and churches. It is of firm Christian belief that sexual acts are to be shared between men and women for the purpose of reproduction. Section 154 of the Penal Code, introduced during British colonial rule, punishes knowledge deemed unnatural with a fourteen-year prison sentence. Tanzania gained independence from Britain in 1961, but the government upheld section 154 of the Penal Code. After Tanzania gained independence, the sentence for knowledge deemed unnatural was extended to thirty years of imprisonment. Tanzania continued introducing anti-homosexuality laws to the Penal Code throughout the 20^th century. Christianity is not the only religion in Tanzania that perpetuates homophobic attitudes. Islam was introduced to Tanzania in the 16^th century, long before Christianity. Islam in Tanzania first appeared in Zanzibar and eventually made its way into the mainland through Arab and Persian immigration. It is of firm Islamic belief that sexual acts are to be shared between men and women for the purpose of reproduction. Early Tanzanian religions have far more tolerant views towards LGBT persons.

The earliest known religion practiced in Tanzania is that of Indigenous spirituality. The Hadzabe, Akie, Maasai, and Berabaig are three Indigenous groups in Tanzania that are similar in their beliefs regarding sexuality. All four groups have been known to value the union of sexual partners through a form of marriage. Polygamy, the union of multiple sexual partners, is quite common. Unions are primarily composed of heterosexual partners. While displays of heterosexuality are more common amongst the Hadzabe, Akie, Maasai, and Berabaig peoples of Tanzania, displays of homosexuality are not uncommon. Heteronormativity is not as enforced in Indigenous spirituality as it is in Christianity and Islam. The Hadzabe, Akie, Maasai, and Berabaig peoples of Tanzania prioritize harmonic relations with the land and anyone who occupies it. Homophobia is not inherent to Tanzania. Homophobia is an imported attitude the Tanzanian government has claimed as its own. LGBT persons in Tanzania have found ways to get around homophobic anti-homosexuality laws.  

In Zanzibar, LGBT persons have developed secret ways of communicating with one another to avoid authorities. These new forms of communication are both verbal and non-verbal. Like ‘secret Gayspeak’ in the United States and ‘lavender language’ in Germany, homosexual men in Tanzania have adopted specific terminology or slang to express their sexuality. Homosexual men in Tanzania may also adopt stereotypically feminine behaviours in their communication with other homosexual men. These behaviours can include speaking in a higher pitch, using the eyes suggestively, and employing feminine hand gestures. Similarly, homosexual men in Tanzania may wear stereotypically feminine clothing and accessories when in the presence of other homosexual men. Secret ways of communicating allow LGBT persons in Tanzania to fulfill their sexual desires while avoiding authorities. However, avoiding authorities in the expression of sexuality will not promote the social change that would see the liberation of LGBT persons in Tanzania.

The Internet and social media can potentially promote the social change that would see the liberation of LGBT persons in Tanzania. The Internet is where anyone with a device and a connection can access and contribute to a global conversation on a wide range of topics. It is especially important for individuals whose perspectives are underrepresented and often inaccurate elsewhere. The Internet and social media can be used to raise awareness about the experiences of LGBT persons in Tanzania and promote understanding and acceptance. Raising awareness can work to combat the discrimination facing LGBT persons in Tanzania. Activist organizations, such as LGBT Voice Tanzania, are using the Internet and social media to organize conferences, protests, and other events to raise awareness and push for social change. The Internet and social media are not always safe for LGBT persons in Tanzania. The Internet and social media are not placeless, nor are they lawless. Many of the restrictions placed on the material realm also apply to the digital realm. In Tanzania, LGBT persons can be prosecuted for their engagement with online content referencing homosexuality. The risk of prosecution is especially likely for those who use public computers at cafes or libraries to access the Internet. While LGBT persons in Tanzania must recognize the potential dangers of engaging with online content referencing homosexuality, it should not discourage them from doing so. For social change to take place, LGBT persons in Tanzania must do the things they are told not to do.

LGBT rights are a highly controversial topic in many parts of the world, but they should not be. LGBT rights are human rights. International law states that people who identify as lesbian, gay, bisexual, and transgender are entitled to the same rights as everyone else. In Tanzania, homosexuality is illegal. If an LGBT person is arrested on suspicion of homosexuality, they are likely to be punished with a lengthy prison sentence. Anti-homosexuality laws are regularly enforced in Tanzania. The enforcement of anti-homosexuality laws has negatively impacted systems of education, health care, and immigration in Tanzania. The origins of systemic homophobia in Tanzania are complex, appearing as the result of various religious influences. LGBT persons in Tanzania have gone to great lengths to hide their gender identity and sexual orientation from authorities. Some LGBT persons in Tanzania have developed their own languages to express themselves. Other LGBT persons in Tanzania have turned to the Internet and social media to express themselves. Activists are using the Internet and social media to advance equality, diversity, education, and justice for LGBT persons in Tanzania. Liberating LGBT persons in Tanzania is a form of decolonization that will be best achieved through digital technologies.