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History

Homosexual activity in Kaskazini Pemba

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Homosexual activity in Kaskazini Pemba is illegal (up to life in prison as punishment).

Current status
Since Jul 1, 1998
Illegal (up to life in prison as punishment)
Section 16 of the Sexual Offences Special Provisions Act (1998) amended Section 154 of the Code to aggravate the penalty for "carnal knowledge against the order of nature”, raising it to "imprisonment for life and in any case to imprisonment for a term of not less than 30 years".
Details
Sources:
www.refworld.org/docid/3ae6…
www.hsph.harvard.edu/popula…
sgdatabase.unwomen.org/uplo…
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Jan 1, 1930–Jul 1, 1998
Illegal (imprisonment as punishment)
Section 154 of the Penal Code of Tanzania (1930) punished “carnal knowledge against the order of nature” with imprisonment for up to 14 years. Section 155 made attempting to commit such acts punishable by 7 years in prison.
Details
Sources:
www.un.org/depts/los/LEGISL…
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Same-sex marriage in Kaskazini Pemba

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Same-sex marriage in Kaskazini Pemba is banned.

Current status
Since Feb 12, 1971
Banned
Article 9(1) in The Law of Marriage Act defines marriage as a voluntary union of a man and a woman.
Details
Sources:
rita.go.tz/eng/laws/History…
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Censorship of LGBT issues in Kaskazini Pemba

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Censorship of LGBT issues in Kaskazini Pemba is state-enforced.

Current status
Since 1981
State-enforced under federal Tanzania law
Tanzania has a history of enforcing strict laws against the LGBT community. Same-sex sexual activity is illegal and can be punished by imprisonment. The government has also taken steps to restrict LGBT rights organizations and their activities. Public attitudes towards the LGBT community in Tanzania can be quite hostile, which contributes to a challenging environment for individuals who identify as LGBT. It's important to stay informed about the current situation and exercise caution when discussing or engaging in LGBT-related issues in Tanzania.

The 1981 Penal Code criminalises selling, distributing or exhibiting "materials that are tending to corrupt morals" in Article 175 which is often used to censor LGBTIQ+ topics.
Details
Sources:
76crimes.com/2022/09/13/tan…
web.archive.org/web/2021080…
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Right to change legal gender in Kaskazini Pemba

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Right to change legal gender in Kaskazini Pemba is illegal.

Current status
Illegal
No laws in place. Tanzania does not recognize transgender people.
Details
Sources:
www.nationalgeographic.com/…
cdn.sida.se/app/uploads/202…
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Gender-affirming care in Kaskazini Pemba

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Gender-affirming care in Kaskazini Pemba is restricted.

Current status
Since 1994
Restricted
In 1994, Tanzania legalized sterilization, which de facto meant legalizing sex reassignment surgery, however, medical records regarding transsexualism had to be obtained abroad.
Details
Sources:
www.rhsupplies.org/uploads/…
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Legal recognition of non-binary gender in Kaskazini Pemba

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Legal recognition of non-binary gender in Kaskazini Pemba is not legally recognized.

Current status
Not legally recognized
As Tanzania does not recognize gender changes, non-binary self-identification is defacto not recognized.
Details
Sources:
cdn.sida.se/app/uploads/202…
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LGBT discrimination in Kaskazini Pemba

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LGBT discrimination in Kaskazini Pemba is illegal in some contexts.

Current status
Since Mar 16, 2018
Illegal in some contexts
There is limited protection against hate speech based on sexual preference.

Section 11(2)(d) of The Electronic and Postal Communications (Radio and Television Broadcasting Content) Regulations 2018 reads: "A licensee shall not broadcast any matter which incites or perpetuates hatred or vilify any person or section of the community on account of race, ethnicity, nationality, gender, sexual preference, age, disability, religion or culture of that person or section of the community."
Details
Sources:
www.tcra.go.tz/uploads/docu…
www.tcra.go.tz/documents/re…
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LGBT employment discrimination in Kaskazini Pemba

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LGBT employment discrimination in Kaskazini Pemba is unknown.

Current status
Unknown

LGBT housing discrimination in Kaskazini Pemba

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LGBT housing discrimination in Kaskazini Pemba is unknown.

Current status
Unknown

Same-sex adoption in Kaskazini Pemba

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Same-sex adoption in Kaskazini Pemba is illegal.

Current status
Illegal
You have to be married to adopt, and same-sex marriage is illegal.
Details
Sources:
rita.go.tz/eng/laws/History…
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Intersex infant surgery in Kaskazini Pemba

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Intersex infant surgery in Kaskazini Pemba is not banned.

Current status
Not banned under federal Tanzania law
Surgery on intersex infants is legal and widespread in Tanzania.
Details
Sources:
www.state.gov/reports/2023-…
easpublisher.com/media/feat…
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Serving openly in military in Kaskazini Pemba

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Serving openly in military in Kaskazini Pemba is illegal.

Current status
Since Jan 1, 1998
Illegal
Homosexuality is currently illegal in Tanzania
Details
Sources:
www.refworld.org/docid/3ae6…

www.hsph.harvard.edu/popula…

sgdatabase.unwomen.org/uplo…
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Blood donations by MSMs in Kaskazini Pemba

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Blood donations by MSMs in Kaskazini Pemba is banned (indefinite deferral).

Current status
Banned (indefinite deferral)
The Blood Donor Assessment and Selection Guideline issued by the Ministry of Health and the National Blood Transfusion Service (NBTS) of Tanzania states that male homosexuals or bisexuals are high-risk groups and should not donate.
Details
Sources:
www.nbts.go.tz/who-can-donate
www.nbts.go.tz/storage/app/…
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Conversion therapy in Kaskazini Pemba

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Conversion therapy in Kaskazini Pemba is not banned.

Current status
Not banned
Conversion therapy is not banned.
Details
Sources:
database.ilga.org/tanzania-lgbti
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Equal age of consent in Kaskazini Pemba

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Equal age of consent in Kaskazini Pemba is n/a.

Current status
N/A
Homosexuality is illegal in Tanzania.
Details
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Equality Index ?
11 / 100
Legal Rights
8 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Kaskazini Pemba to help improve its accuracy.
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