Date of publication:
01/08/2026
United Republic of Tanzania (the)
Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?
Assessment by population
Analysis
Tanzania has ratified international conventions such as the 1951 Refugee Convention and its 1967 Protocol, committing to protect the rights of refugees. Domestically, the Refugees Act of 1998 governs the status and treatment of refugees and asylum seekers. While the Constitution of the United Republic of Tanzania of 1977 guarantees certain fundamental rights, it does not explicitly address protections based on sexual orientation or gender identity. Moreover, consensual same-sex sexual conduct remains criminalized under Tanzanian law, leading to discrimination and limited protection for sexual minorities. Forcibly displaced and stateless persons often face additional challenges due to their lack of legal status, which can impede their access to protection mechanisms and exacerbate vulnerabilities related to their ethnic, religious, political, sexual, and gender identities.
Related provisions of domestic law or policy
Constitution of the United Republic of Tanzania
- Year: 1977
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.parliament.go.tz/uploads/documents/publications/en/1475140028-The%20Constitution.pdf
Legal provision
Article 12.1 - Equality of human beings
All human beings are born free, and are all equal.
Article 12.2 - Equality of Human Beings
Every person is entitled to recognition and respect for his dignity.
Penal Code
- Year: 1945
- Type: Domestic law
- Rights Category: Liberty & security of person, Nationality & facilitated naturalization
- Link to external source: https://elibrary.osg.go.tz/handle/123456789/221
Legal provision
Section 154.1 - Unnatural Offences
Any person who— (a) has carnal knowledge of any person against the order of nature; or (c) permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence and is liable to imprisonment for life.