Stripped of Dignity: The Struggle for LGBT Rights in Tanzania

rodger_owisoAuthor: 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.
Read the rest of this entry »

Advertisements

Freedom of expression for a day in Eritrea

thato_motaungAuthor: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria

International Day to End Impunity for Crimes against Journalists: 2 November 2014

In a land where the right to freedom of expression and information is heavily curtailed, I sought to interview three exiled Eritrean journalists and allow them the space to freely express what they cannot in their country.

Why did you choose to become a journalist?

*Aman: “I used to be a development worker; I was taken to prison camps and three times I saw people tortured and killed. I started to write stories and post articles on what was happening…I became a journalist by accident – all I wanted to do was contribute to justice”.

Since Eritrea’s “liberation” from Ethiopia in 1991 and its international recognition as an independent sovereign state in 1993, the country gradually evolved into a nation rife with human rights abuses. Notably, the systematic attack on dissent of any form resulting in extrajudicial killings, torture, arbitrary arrests and indefinite incommunicado detentions.

What does freedom of expression mean to you?

Aman:” It is a symbol of democracy- the flow of information without fear or restrictions – the means to freely enlighten and educate”.

18 September 2001 was coined as the Eritrean government’s ‘Crackdown’ on all independent media, when it banned the entire private press by shutting down media houses. It also marked the end of dissenting voices at the political level. Eighteen journalists, as well as eleven political leaders  were rounded – up and imprisoned incommunicado without trial. Their whereabouts are still unknown till today. Since then, more than 70 journalists have been detained at different periods in time.

Read the rest of this entry »