Author: Thandwa Dlamini
Department of Sociology, Faculty of Humanities, University of Pretoria
At the International Conference on Population and Development (ICPD) in 1994, the right to sexual and reproductive health was recognised as the core of development. The right has also been embedded in various conventions, including the Convention on the Rights of the Child where it was established that adolescents have a right to ‘age-appropriate’ sexual and reproductive health information, education, and services that enable them to deal positively and responsibly with their sexuality. However, these agreements have not been fully and effectively implemented in Africa mainly because the policies of most African countries are framed on the basis of religious morality which pushes the unrealistic agenda of abstinence. As a result, a line between impermissible age discrimination and legitimate protection of minors has been difficult to draw in young adolescents’ sexual relations. This article argues that there is a need to direct attention to the issues involved in consensual relations among young adolescents, in tandem with other strategies that work towards giving them full sexual autonomy whilst curtailing unsafe, risky health outcomes and violence.
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
Although the Tanzanian Constitution (1977) guarantees the right to equality and prohibits discrimination based on gender and sex, lesbian, gay, bisexual and transgender (LGBT) people still face deeply rooted hostility, prejudice and widespread discrimination in the Tanzanian society. Threats of criminal penalty, social exclusion, harassment and violence make it particularly unsafe for one to come out as an LGBT person.
At present, certain homosexual acts between consenting adult males are criminalized under the Penal Code (Chapter 16 of the laws). Under section 154 of the Penal Code, committing or attempting to commit “unnatural offences” are crimes punishable with a maximum sentence of life imprisonment and twenty years’ imprisonment, respectively. “Unnatural offence” is defined as (1) sexual intercourse with any person “against the order of nature” as well as (2) consensual sexual intercourse between a man and man or woman “against the order of nature”. The words “against the order of nature” are not statutorily defined. Also, under section 157 of the Penal Code, it is an offence punishable with a maximum of five years imprisonment for any male person, whether in public or private, to commit an act of gross indecency with another male person. By section 3 of the Sexual Offences Special Provisions Act, “gross indecency” is defined as “any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behavior without any physical contact”. Consent is no defense to any of these offences and no distinction regarding age is made in the text of the law. As the consequence of the existence of these laws criminalizing private consensual homosexual acts, LGBT people in Tanzania live in psychological stress and unceasing fear of prosecution and imprisonment.
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