Tanzania (United Republic of)

11. Right to work, to educational and other pursuits 

1. The state authority shall make appropriate provisions for the realisation of a person’s right to work, toself educationand social welfare at times of old age, sickness or disability and in other cases of incapacity. Without prejudice to those rights, the state authority shall make provisions to ensure that every person earns his livelihood. 

15. Right to personal freedom  

1. Every person has the right to freedom and to live as a free person. 
2. For the purposes of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise be deprived of his freedom save only- 

a. under circumstances and in accordance with procedures prescribed by law; or 

b. in the execution of a judgment, order or a sentence given or passed by the court following a decision in a legal proceeding or a conviction for a criminal offence.

17. Right to freedom of movement 

1. Every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic.

22. Right to work 

1. Every person has the right to work.
2. Every citizen is entitled to equal opportunity and right on equal terms to hold any office or discharge any function under the state authority.

23. Right to just remuneration 

1. Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and nature of the work done.
2. Every person who works is entitled to just remuneration.

25. Duty to participate in work 

1. Work alone creates the material wealth insociety, andis the source of the well-being of the people and the measure of human dignity. Accordingly, every person has the duty to— 

a. participate voluntarily and honestly in lawful and productive work; and 

b. observe work discipline and strive to attain the individual and group production targets desired or set by law 

2. Notwithstanding the provisions of subarticle(1), there shall be no forced labour in the United Republic. 

3. For the purposes of this Article, and in this Constitution generally, it is hereby declared that no work shall be deemed to be forced, cruel or humiliating labour, if such work is according to law—

a. work which has to be done pursuant to a judgment or order of a court; 

b. work which has to be done by members of any Force in the discharge of their responsibilities; 

c. work which has to be done by any person due to a state of emergency or any calamity which threatens the life or well-being of the society; 

d. any work or service which forms part of—

i. routine services for ensuring the well-being of society;

ii. compulsory national service provided for by law;

iii. the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensuredevelopment and national productivity. (a) work which has to be done pursuant to a judgment or order of a court;

THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA OF 1977 (REV. 1995) (PDF)

133. Abduction 

Any person who with intent to marry or carnally know a woman of any age, or to cause her to be married of carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.  

139. Procuration for prostitution 

Any person who-  

(a) procures, or attempts to procure, any person, whether male of female of whatever age, whether with or without the consent of that person, to become, within or outside the United Republic, a prostitute; 

(b) procures, or attempts to procure, any person under eighteen years of age, to leave the United Republic, whether with or without the consent of that person, with a view to the facilitation of prohibited sexual intercourse with any person outside the United Republic, or removes, or attempts to remove from the United Republic that person, whether with or without the consent of that person, for that purpose;  

(c) procures, or attempts to procure, any person of what ever age, to leave the United Republic, whether with or without the consent of that person, with intent that that person may become the inmate of or frequent a brothel elsewhere, or removes or attempts to remove, from the United Republic any such person, whether with or without the consent of that person, for that purpose;  

(d) brings or attempts to bring, into the United Republic, any person under eighteen years of age with a view to prohibited sexual intercourse with any other person, inside or outside the United Republic;  

(e) procures or attempts to procure, any person of whatever age, whether with or without the consent of that person, to leave that person’s usual place of abode in the United Republic, that place not being a brothel, with intent that that person may for the purposes of prostitution become the inmate of, or frequent, a brothel within or outside the United Republic;  

(f) detains any person without the consent of that person in any brothel or other premises with a view to prohibited sexual intercourse or sexual abuse of that person,  

commits the offence of procuration and is liable on conviction to imprisonment for a term of not less than ten years and not exceeding twenty years or to a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to both the fine and imprisonment. 

139A.Trafficking of person  

(1)Any person who-  

(a) engages in the act of buying, selling or bartering of any person for money or for any other consideration;  

(b)for the purposes of promoting, facilitating or inducing the buying or selling or bartering or the placement in adoption of any person for money or for any other consideration-  

(i) arranges for, or assists, a child to travel within or outside the United Republic; without the consent of his parent or lawful guardian; or 

(ii) obtains an affidavit of consent from a pregnant woman for money or for any other consideration, for the adoption of the unborn child of that woman; or  

(iii) recruits women or couples to bear children; or  

(iv) being a person concerned with the registration of births, knowingly permits the falsification of any birth record or register; or  

(v) engages in procuring children from hospitals, shelters for women, clinics, nurseries day care centres, or other child care institutions or welfare centres, for money or other consideration or procures a child for adoption from any such institution or centre, by intimidation of the mother or any other person; or  

(vi) impersonates the mother or assists in the impersonation,  

commits the offence of trafficking and is liable on conviction to imprisonment for a term not less than twenty years and not exceeding thirty years and a fine of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or to both the fine and imprisonment and shall in addition be ordered to pay compensation of an amount to be determined by the court, to the person in respect of whom the offence was committed.  

(2) In this section "child" means a person of the age of eighteen years or less." 

140. Procuring defilement 

Any person who-  

(a) by threats or intimidation procures or attempts to procure any girl or woman to have any prohibited sexual intercourse inside or outside the United Republic; or  

(b) by false pretences or false representations procures any girl or woman to have any prohibited sexual intercourse anywhere inside or outside the United Republic; or  

(c) applies, administers to, or causes to be taken by any girl or woman any drug, matter or thing with intent to stupefy or overpower her so as thereby to enable any man to have prohibited sexual intercourse with her.  

commits an offence and is liable on conviction to a line of not less than one hundred thousand shillings and not exceeding three hundred thousand shillings or imprisonment for a term of not less than ten years and not exceeding twenty years or to both the fine and imprisonment and shall be ordered to pay compensation of an amount to be determined by the court. 

143. Detention in any premises with intent, or in brothel 

Any person who detains any woman or girl against her will-  

(1) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or generally; or  

(2) in any brothel,  

is guilty of a misdemeanour 

250. Kidnapping with intent to do harm 

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony and is liable to imprisonment for ten years. 

253. Punishment for wrongful confinement 

Whoever wrongfully confines any person is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine of three thousand shillings. 

254. Buying or disposing of person as slave 

Any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will anyperson as a slave, is guilty of a felony, and is liable to imprisonment for seven years.  

255. Slave dealing 

Any person who habitually imports, exports,' removes, buys, sells, traffics or deals in slaves is guilty of a felony, and is liable to imprisonment for ten years. 

256. Forced labour 

Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour. 

CRIMINAL CODE (AS AMENDED BY THE SEXUAL OFFENCES SPECIAL PROVISIONS ACT 1998) (PDF)

5. Prohibition of child labour 

(1) No person shall employ a child under the age of fourteen years. 

(4) No person shall employ a child in employment- 

(a) that is inappropriate for a person of that age; 

(b) that places at risk the child's well-being, education, physical or mental health, or spiritual, moral or social development. 

(7) It is an offence for any person- 

(a) to employ a child in contravention of this section; 

(b) to procure a child for employment in contravention of this section. 

6. Prohibition of forced labour 

(1) Any person who procures, demands or imposes forced labour, commits an offence. 

(2) For the purposes of this section, forced labour includes bonded labour or any work exacted from a person under the threat of a penalty and to which that person has not consented but does not include- 

(a) any work exacted under the National Defence Act, 1966 for work of a purely military character; 

(b) any work that forms part of the normal civic obligations of a citizen of the United Republic of Tanzania;  

(c) any work exacted from any person as a consequence of a conviction in a court of law, provided that the work is carried out under the supervision and control of a public authority and that the person is not hired to, or placed at, the disposal of private persons;  

(d) any work exacted in cases of an emergency or a circumstance that would endanger the existence or the well-being of the whole or part of the population;  

(e) minor communal services performed by the members of a community in the direct interest of that community after consultation with them or their direct representatives on the need for the services. 

102. Penalties 

(1) A District Court and a Resident Magistrate's Court have jurisdiction to impose a penalty for an offence under this Act. 

(2) Any person convicted of any of the offences referred to in sections 5 and 6, may be sentenced to – 

(a) a fine not exceeding five million shillings; 

(b) imprisonment for a term of one year; 

(c) both to such fine and imprisonment. 

Employment and Labour Relations Act 2004 (PDF)

Article 3. Interpretation  

In this Act unless the context otherwise requires –  

"bonded placement" means placement by a trafficker of a person for exploitative purposes with a promise of subsequent payment to the trafficker by the user of the trafficked person; 

 "debt bondage" means the pledging by the debtor of his personal services or labour or those of a person under his control as security or payment for a debt, where the length and nature of services is not clearly defined or the values of the services as reasonably assessed is not applied toward the liquidation of the debt; 

"exploitation" in relation to trafficking in persons means people smuggling prostitution and other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;  

"forced labour and slavery" means the extraction of work or service from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception; 

Article 4. Acts of trafficking in persons 

(1) A person commits an offence of trafficking in person if that person -  

(a) recruits, transports, transfers, harbours, provides or receives a person by any means, including those done under the pretext of domestic or overseas employment, training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude or debt bondage;  

(b) introduces or matches a person to a foreign national for marriage for the purpose of acquiring, buying, offering, selling or trading the person in order that person be engaged in prostitution, pornography, sexual exploitation, forced labour, slavery, in-voluntary servitude or debt bondage;  

(c) offers or contracts marriage, real or simulated, for the purpose of acquiring, buying, offering, selling or trading a person in order that person be engaged in prostitution, pornography, sexual exploitation, forced labour or slavery, involuntary servitude or debt bondage;  

(d) undertakes or organizes sex tourism or sexual exploitation;  

(e) maintains or hires a person to engage in prostitution or pornography;  

(f) adopts or facilitates the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced-labour and slavery, involuntary servitude or debt bondage;  

(g) recruits, hires, adopts, transports or abducts –  

(i) a person, by means of threat or use of force, fraud, deceit, violence, coercion or intimidation for the purpose of removal or sale of organs of the person; or  

(ii) a child or a disabled person for the purposes of engaging the child or the disabled person in armed activities.  

Trafficking in persons shall also be constituted upon placement for sale, bonded placement, temporary placement or placement as service where exploitation by some other person is the motive.  

(3)Where a victim of trafficking in persons is a child, consent of the child, parent or guardian of the child shall not be used as a defence in prosecution under this Act regardless of whether there is evidence of abuse of power, fraud, deception or that the vulnerability of the child was taken advantage of.  

(4) A consent of a victim of trafficking in persons shall be immaterial where any of the means referred to under subsection (1) has been used against the victim.  

(5) A person who commits any of the offences or acts specified under this section shall, on conviction, be liable to a fine of not less than five million shillings but not more than one hundred million shillings or to imprisonment for a term of not less than two years and not more than ten years or to both. 

Article 6. Severe trafficking in persons 

(1) Subject to the provisions of this Act, certain acts or circumstances shall be considered as severe trafficking in persons. (2) Severe trafficking in persons shall be considered to exist if – 

(a) the trafficked person is a child or a disabled person;  

(b) the adoption is effected for the purpose of prostitution, pornography, sexual exploitation, forced labour and slavery, in-voluntary servitude or debt bondage; 

(c) the crime is committed by a syndicate or on a large scale;  

(d) the offender is an ascendant, parent, sibling, guardian, or person who exercises authority over the trafficked person; 

(e) the offence is committed by a public officer, an employee or a religious leader; 

(f) the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; 

(g) the offender is a member of the military or law enforcement agencies; and 

(h) by reason or on occasion of the act of trafficking in persons, the trafficked person dies, becomes insane, suffers mutilation or is infected with Human Immunodeficiency Virus (HIV), the Acquired Immune Deficiency Syndrome (AIDS), Sexual Transmitted Diseases (STDs), communicable diseases or other diseases. 

(4) A person who commits an offence under this section shall, on conviction, be liable to a fine of not less than five million shillings but not more than one hundred and fifty million shillings or to imprisonment for a term of not less than ten years but not more than twenty years or to both. 

Article 8. Use of trafficked persons 

A person who buys or engages the services of trafficked persons for prostitution commits an offence and shall on conviction be liable to a fine of not less than one million shillings but not more than thirty million shillings or to imprisonment for a term of not less than twelve months but not more than seven years or to both.

THE ANTI-TRAFFICKING IN PERSONS ACT 2008  (PDF)

13. Protection from torture and degrading treatment 

(1) A person shall not subject a child to torture, or other cruel, inhuman punishment or degrading treatment including any cultural practice which dehumanizes or is injurious to the physical and mental well-being of a child. 

… 

(3) The term "degrading treatment" as used in this section means an act done to a child with the intention of humiliating or lowering his dignity. 

72. Prohibition of payment and reward on adoption 

(1) A person shall not give any payment or reward in respect of an adoption order except with the approval of the court.  

(2) A person shall not receive any payment or reward in respect of any arrangement that mayor may not lead to an adoption order.  

(3) Any person who contravenes this section commits an offence and shall be liable on conviction to a fine not exceeding five million shillings or imprisonment for a term not exceeding two years or to both. 

77. Child’s right to work 

(1) A child shall have a right to light work.  

(2) For the purposes of subsection (1), the minimum age for employment or engagement of a child shall be fourteen years.  

(3) Subject to subsection (1), "light work" shall constitute work which is not likely to be harmful to the health or development of the child and does not prevent or affect the child's attendance at school, participation invocational orientation or training programmes or the capacity of the child to benefit from school work. 

78. Prohibition of exploitative labour 

(1) A person shall not employ or engage a child in any kind of exploitative labour.  

(2) Without prejudice to the provisions of this section, every employer shall ensure that every child lawfully employed or engaged in accordance with the provisions of this Act is protected against any discrimination or acts which may have negative effect on him taking into consideration his age and evolving capacities.  

(3) Labour shall be constmed as exploitative if –  

(a) it deprives the child of his health or development;  

(b) it exceeds six hours a day;  

(c) it is inappropriate to his age; or 

(d) the child receives inadequate remuneration.  

(4) Any person who contravenes any of the provisions of this section commits an offence and shall, on conviction, be liable to a fine of not less than one hundred thousand shillings or to imprisonment for a term of three months or to both. 

80. Prohibition of forced labour 

(1) Any person who induces, procures, demands or imposes forced labour to a child, commits an offence.  

(2) For the purposes of this section, "forced labour" includes bonded labour or any other work exacted from a person under the threat of a penalty but shall not include work that forms part of the normal civic obligations, minor communal services performed by the members of a community in the direct interest of that community.  

(3) Any person who contravenes any of the provision of this section commits an offence and shall, on conviction, be liable to a fine of not less than two hundred thousand shillings or to imprisonment for a term of six months or to both. 

Law of the Child Act, 2009 (PDF)

Tanzania Sexual Offences Special Provisions Act 1998 (PDF)