VZCZCXRO8067
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHDR #0905/01 3641339
ZNR UUUUU ZZH
R 301339Z DEC 09
FM AMEMBASSY DAR ES SALAAM
TO RUEHC/SECSTATE WASHDC 9188
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHJB/AMEMBASSY BUJUMBURA 3062
RUEHKM/AMEMBASSY KAMPALA 0030
RUEHLGB/AMEMBASSY KIGALI 1534
RUEHNR/AMEMBASSY NAIROBI 1496

UNCLAS SECTION 01 OF 02 DAR ES SALAAM 000905 
 
SIPDIS 
SENSITIVE 
 
DEPARTMENT FOR AF/FO; AF/RSA LMAZEL, LGRIESMER, LDEES; AF/E 
JTREADWELL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM TZ
SUBJECT: HOMOSEXUALS STIGMATIZED, MARGINALIZED IN TANZANIA 
 
REF: STATE 130765 
 
¶1. (U) SUMMARY:  Homosexuality has long been prohibited in Tanzania, 
but anti-homosexual laws have rarely if ever been used in recent 
years.  Homosexuals in Tanzania face occasional police harassment 
and routine societal discrimination, which affects employment 
opportunities as well as access to medical care.  The nascent NGO 
community that focuses on supporting the rights of gays and lesbians 
works in a challenging environment with limited resources.  Because 
they must in large part operate underground, it is difficult for 
these NGOs to coordinate with one another or engage the GOT. 
However, in 2009 local NGOs publicly presented a paper to the Deputy 
Minister of Community Development on the stigma and discrimination 
facing members of their community.  To improve coordination and 
advocacy efforts, local NGOs plan to establish a consortium of gay 
and lesbian support groups.  END SUMMARY 
 
LEGAL FRAMEWORK AND APPLICATION 
------------------------------- 
¶2. (U) Since 1954 Tanzania's penal code has prohibited males from 
engaging in acts of "gross indecency" with persons of the same sex, 
whether publicly or privately.  A person convicted under this law 
could be sentenced to five years in jail.  The penal code also 
prohibits persons from having "carnal knowledge of any person 
against the order of nature" or allowing any male to have "carnal 
knowledge" of a man or a woman "against the order of nature".  These 
prohibitions, in place since the mid-1950s, were in 1998 
incorporated into the Sexual Offences Special Provisions Act and 
then into the revised penal code in 2002.  Persons convicted under 
these stipulations of the law are subject to 30 years to life in 
prison.   The law in semi-autonomous Zanzibar establishes a penalty 
of up to 25 years in prison for men who engage in homosexual 
relationships and seven years for women in lesbian relationships. 
 
¶3. (SBU) Neither Tanzania nor Zanzibar has in recent years 
prosecuted individuals under these laws.  However, there have been 
allegations that mainland police and prosecutors use laws against 
prostitution and loitering to harass homosexuals.  Dr. Emmanuel 
Kandusi, Executive Director of the Centre for Human Rights 
Promotion, told Poloff that 39 individuals arrested on prostitution 
charges on October 7 were targeted for their membership in gay and 
lesbian support groups.  Police made the arrests reportedly after 
receiving complaints from residents about prostitutes in their 
neighborhood.  However, Kandusi asserted that the residents were 
upset that members of two local organizations, Community Peer 
Support Services (CPSS) and Tanzanian Lesbian Association (TALESA), 
were meeting in their neighborhood.  As of December 28, the case had 
yet to be heard by the court. (Note: Kandusi said his organization 
began working to promote the rights of lesbians, gays, bisexuals, 
and transgender individuals (LGBTI) in 2000 after a group of 
Ugandans fled to Tanzania, fearing persecution in their home 
country. End Note.) 
 
¶4. (SBU) Gay rights activist and CPSS member Ali Semsella related to 
Poloff other incidents of harassment and arrest.  For example, a 
group of seven individuals arrested in January on charges of 
prostitution continue to be held in remand prison because they could 
not make the Tsh 500,000 bail (USD380).  Semsella also said that he 
and five other members of CPSS were arrested in 2002 because of 
their efforts to provide a support network for gay men.  Semsella 
claimed that they were beaten in jail as the police tried to extract 
confessions from them about their sexual orientation.  According to 
Semsella, homosexuality seems to be tolerated more on Zanzibar than 
on the mainland. 
 
¶5. (SBU) Due to the threat of arrest and other harassment, the gay 
and lesbian community in Tanzania has been reluctant to lobby the 
government to change the law against homosexual activity.  However, 
in 2009 community members publicly presented to the Deputy Minister 
of Community Development a paper detailing the stigma and 
discrimination they face.  Semsella noted that Embassies and 
International Organizations have more freedom to engage the 
government, but the government rarely responds by taking action to 
reduce stigma and discrimination, much less change discriminatory 
laws. 
 
¶6. (U) In July, a group of international NGOs, including Global 
Rights and International Gay and Lesbian Human Rights Commission 
(IGLHRC), as well as a local NGO, the Centre for Human Rights 
Promotion, submitted a "shadow" report to the United Nations Human 
Rights Committee (UNHRC) which detailed the legal and societal 
discrimination faced by gays, lesbians, and transgendered people in 
Tanzania.  The report stated that the laws against homosexuality 
interfere with an individual's right to privacy and encourage the 
stigmatization of gays, lesbians, and transgender people.  The 
 
DAR ES SAL 00000905  002 OF 002 
 
 
groups called on the government of Tanzania to amend the penal code 
to remove homosexuality as a criminal offense.  The publication of 
this report coincided with Tanzania's fourth periodic report to the 
UNHRC.  In its response to Tanzania's Fourth Periodic Report, UNHRC 
expressed concern about the criminalization of same sex 
relationships as well as the discrimination faced by those engaged 
in such relationships.  UNHRC recommended that the GOT "should" 
decriminalize homosexual relationships. 
 
SOCIETAL DISCRIMINATION 
----------------------- 
¶7. (SBU) Stigma and discrimination are pervasive throughout society. 
 According to representatives from TALESA, CPSS, and the Centre for 
Human Rights Promotion, members of the gay community in Tanzania 
face significant discrimination from family members, religious 
institutions, health workers, and employers.  Family members often 
fail to provide adequate emotional or material support, while 
religious leaders at times refuse to bury homosexuals.  Semsella 
lamented the fact that many within the gay and lesbian community do 
not know their rights and are often afraid to assert themselves for 
fear of persecution. 
 
¶8. (SBU) Gays and lesbians also face challenges securing stable 
employment.  Both Semsella and Sofia Lugilabe of TALESA said they 
had been fired from their jobs as a result of their sexual 
orientation Q a common occurrence.  Samsella was recently in court 
to assist two workers from a local security company who were 
petitioning the court for reinstatement after losing their jobs due 
to their sexual orientation.  Lugilabe said such discrimination 
poses significant challenges in particular to women outside the 
capital, where job opportunities are more limited.  Difficulty in 
securing steady employment further marginalizes homosexuals and 
makes them more likely to engage in transactional sex. 
 
¶9. (SBU) Health providers discriminate against gays and lesbians, 
often refusing treatment and services, for example related to 
HIV/AIDS.  In particular, it is difficult for homosexuals to obtain 
anti-retroviral treatment or even access voluntary counseling and 
testing facilities despite their increased risk.  Anecdotal evidence 
suggests gay men are increasingly making use of a (USG-funded) 
confidential helpline for HIV and other health-related inquiries 
established in 2001.  Kandusi said the Centre for Human Rights 
Promotion is working to mainstream the needs of the lesbian and gay 
community into HIV/AIDS care, treatment, awareness, and counseling 
efforts. 
 
¶10. (SBU) Activism for gay rights in Tanzania is a fairly new 
effort.  NGOs supporting the homosexual community operate in a 
challenging environment as they face possible legal action as well 
as stigma and discrimination.  Samsella said his organization, 
formed in 1996, was one of the first.  Due to the anti-homosexual 
law, the group could not register as an organization supporting gay 
rights, but had to incorporate as an organization providing 
assistance to the poor and those with HIV/AIDS.  NGOs supporting 
gays and lesbians also have difficulty finding and keeping office 
space.  Both TALESA and CPSS reported being evicted by landlords 
once they became aware of the organizations' mission.  Securing 
funding as well as assistance from other local NGOs has been 
problematic as well.  One local human rights organization flatly 
refused to discuss the issue of discrimination against the 
homosexual community with CPSS, expressing indignation at the idea 
of becoming involved.  Similarly, TALESA was rebuffed by the women's 
groups it approached for support.  Lugilabe said the Tanzania Gender 
Networking Program (TGNP), for example, told her that TALESA needed 
to publish materials before TGNP could provide assistance. 
 
¶11. (SBU) Kandusi said the lack of coordination among the various 
NGOs supporting gay rights affects the movement's success in 
Tanzania.  The Centre for Human Rights Promotion is working to build 
a coalition of LGBTI organizations, which Kandusi hopes will 
increase capacity for advocacy and other activities. 
 
LENHARDT