Tanzania (United Republic of)

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in Tanzania are found in the criminal code, which addresses abduction for marriage at article 133 with a potential penalty of imprisonment for seven years. The criminal code also addresses fraudulent marriages at article 163 and 165, with a potential penalty of imprisonment for ten years and five years respectively. The Marriage act also addresses that no marriage shall be contracted except with the consent, freely and voluntarily given by each of the parties or under the influence of coercion or fraud at article 16.

Consent to marriage

Provisions requiring consent to marriage in Tanzania are found in the marriage act 2019, section 16(1) of which states that no marriage shall be contracted except with the consent, freely and voluntarily given by each of the parties thereto. Section 2 recognises that the consent of a party or prospective party to a marriage is invalidated where the person is subjected to coercion or is of unsound mind or was intoxicated.

Servile marriage

There appears to be no legislation in Tanzania that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in Tanzania are found in the ANTI-TRAFFICKING IN PERSONS ACT 2008, which prohibits introducing a person to a foreign national for marriage for the purpose of trafficking or offering or contracting marriage for the purpose of trafficking at Article 4, with a potential penalty of imprisonment for a term of not less than twelve months but not more than seven years and a fine of not less than one million shillings but not more than thirty million shillings. The Criminal Code 1998 also prohibits abduction and detaining for marriage under article, with a potential penalty of with imprisonment for seven years.

Minimum age for marriage

The minimum age for marriage in Tanzania without parental consent is 18, without differentiation of gender, as set out on Article 13(1) of the 2019 Marriage Act. However, the minimum age for marriage of females in Tanzania with parental consent is 18, as set out on Article 17 of the 2019 Marriage Act. Where marriages are conducted involving a person below the minimum age, the marriage is void, as set out on Article 38 of the 2019 Marriage Act. However, marriages below these minimum ages are permitted with the authorisation of the court, as set out on Article 13(2) of the 2019 Marriage Act. These exceptions are not differentiated by gender, and allow marriage as early as 14. Procuring or attempting to procure a girl under the age of 12 for the purpose of marriage is an offence under Article 138(3) of the Criminal Code, with a potential penalty of imprisonment for two years.

Region

Africa

Regional Court

African Court on Human and Peoples’ Rights

Legal System

Common

International Instruments

1926 Slavery Convention
Not Party
1953 Protocol to the Slavery Convention
Not Party
1956 Supplementary Slavery Convention
28 November 1962
1966 ICCPR
11 June 1976
1930 Forced Labour Convention
30 January 1962
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
30 January 1962
1999 Worst Forms of Child Labour Convention
12 September 2001
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
24 May 2006
1998 Rome Statute of the ICC
20 August 2002
1956 Supplementary Slavery Convention
28 November 1962
1966 ICCPR
11 June 1976
1966 Optional Protocol to the ICCPR
Not Party
1966 ICESCR
Not Party
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
28 November 1962
1989 Convention on the Rights of the Child
10 June 1991
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
24 April 2003
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
20 August 1985
1999 Optional Protocol to CEDAW
12 January 2006
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
24 May 2006
1998 Rome Statute of the ICC
20 August 2002
1999 Worst Forms of Child Labour Convention
12 September 2001

International Obligations

  • Slavery
  • Servitude
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Human Trafficking
  • Consent to marriage
  • Marriage Trafficking

Regional Organisations

  • African Court on Human and Peoples’ Rights
  • Commonwealth
  • African Union

Legislative Provisions

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

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)

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

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)

EMPLOYMENT AND LABOUR RELATIONS ACT 2004

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)

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)

LAW OF THE CHILD ACT, 2009

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)

SEXUAL OFFENCES SPECIAL PROVISIONS ACT 1998
CRIMINAL CODE 1981

CHAPTER XV OFFENCES AGAINST MORALITY

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.

138.—(1) Any person who, being married to a girl under the age of twelve years, has or attempts to have carnal knowledge of the girl, whether with or without her consent, before she has attained the age of twelve years, is guilty of a misdemeanour, and is liable to imprisonment for five years.

(2) Any person who being the father or mother of or having custody of a girl under the age of twelve years parts with the possession, or otherwise disposes, of the girl with the intention that the girl shall, while still under the age of twelve years and whether with or without her consent, be carnally known by her husband or knowing it to be likely that the girl will, while still under the age of twelve years, be so carnally known, is guilty of a misdemeanour, and is liable to imprisonment for two years.

(3) Any person who procures or attempts to procure any married girl under the age of twelve years with intent that she shall be carnally known by her husband, whether with or without her consent, when she is under the age of twelve years, is guilty of a misdemeanour, and is liable to imprisonment for two years.

(4) It shall not be a defence to a charge under subsection (3) that the person procuring the girl is the husband of the girl.

(5) No person shall be convicted of an offence under this section—

(a) if the girl with respect to whom the offence was committed appears to the court to have attained the age of twelve years;

or

(b) if the court is of the opinion that the person charged had reasonable cause to believe and did in fact believe that the girl was of or above the age of twelve years.

(6) Nothing in this section shall render it an offence for any person of African or Asiatic descent to marry or permit the marriage of a girl under the age of twelve years in accordance with the custom of the tribe or religion where it is not intended that the marriage shall be consummated before the girl attains the age of twelve years or make it an offence to give or receive money or presents in consideration, or on the occasion, of such a marriage

CHAPTER XVI Offences Relating to Marriage and Domestic Obligations

163. Any person who willfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief is guilty of a felony, and is liable to imprisonment for ten years.

165. Any person who dishonestly or with a fraudulent intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, is guilty of a felony, and is liable to imprisonment for five years.

 

Tanzania Penal Code Chapter 16 – English (PDF)

 

 

THE ANTI-TRAFFICKING IN PERSONS ACT 2008    

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 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.

 

Tanzania Trafficking in Persons Law 2008 – English (PDF)

LAW OF MARRIAGE ACT (AMENDED 2019)

Law of Marriage Act, amended 2019

2. -(1) In this Act, except where the context otherwise requires-

“child” means a person under the age of eighteen;

9. Meaning of marriage

(1) Marriage means the voluntary union of a man and a woman, intended to last for their joint lives.

(2) A monogamous marriage is a union between one man and one woman to the exclusion of all others.

(3) A polygamous marriage is a union in which the husband may, during the subsistence of the marriage, be married to or marry another woman or women.

10. Kinds of marriage

(1) Marriages shall be of two kinds, that is to say-

(a) those that are monogamous or are intended to be monogamous; and

(b) those that are polygamous or are potentially polygamous.

(2) A marriage contracted in Tanzania whether contracted before or after the commencement of this Act, shall-

(a) if contracted in Islamic form or according to rites recognised by customary law in Tanzania, be presumed, unless the contrary is proved, to be polygamous or potentially polygamous; and

(b) in any other case, be presumed to be monogamous, unless the contrary is proved.

12. Duration of marriage

A marriage, whether contracted in Mainland Tanzania or elsewhere, shall for all purposes of the law of Mainland Tanzania subsist until determined-

(a) by the death of either party thereto;

(b) by a decree declaring that the death of either party thereto is presumed;

(c) by a decree of annulment;

(d) by a decree of divorce; or

(e) by an extra-judicial divorce outside Tanzania which is recognized in Tanzania under the provisions of section 92.

(b) Restrictions on Marriage

13. Minimum age

(1) No person shall marry who, being male, has not attained the apparent age of eighteen years or, being female, has not attained the apparent age of fifteen years.

(2) Notwithstanding the provisions of subsection (1), the court shall, in its discretion, have power, on application, to give leave for a marriage where the parties are, or either of them is, below the ages prescribed in subsection (1) if-

(a) each party has attained the age of fourteen years; and

(b) the court is satisfied that there are special circumstances which make the proposed marriage desirable.

(3) A person who has not attained the apparent age of eighteen years or fifteen years, as the case may be, and in respect of whom the leave of the court has not been obtained under subsection

(2), shall be said to be below the minimum age for marriage.

16. No marriage save of free will

(1) No marriage shall be contracted except with the consent, freely and voluntarily given by each of the parties thereto.

(2) For the purposes of this Act, consent shall not be held to have been freely or voluntarily given if the party who purported to give it-

(a) was influenced by coercion or fraud;

(b) was mistaken as to the nature of the ceremony; or

(c) was suffering from any mental disorder or mental defect, whether permanent or temporary, or was intoxicated, so as not fully to appreciate the nature of the ceremony, and references in this Act to “consent” or “consent freely given” in relation to a party to a marriage or an intended marriage shall be construed as meaning consent freely given and voluntarily.

17. Requirement of consent

(1) A female who has not attained the apparent age of eighteen years shall be required, before marrying, to obtain the consent-

(a) of her father;

(b) if her father is dead, of her mother; or

(c) if both her father and mother are dead, of the person who is her guardian.

(2) Where the court is satisfied that the consent of any person to a proposed marriage is being withheld unreasonably or that it is impracticable to obtain such consent, the court may, on application, give consent and such consent shall have the same effect as if it had been given by the person whose consent is required by subsection (1).

(3) Where a marriage is contracted in Islamic form or in accordance with the rites of any specified religion or in accordance with the customary law rites, it shall be lawful for the kadhi, minister of religion or the registrar, as the case may be, to refuse to perform the ceremony if any requirement of the relevant religion or person other than a person mentioned in subsection (1) has not been complied with:

Provided that, nothing in this subsection shall be construed as empowering the kadhi, minister of religion or registrar to dispense with any requirement of subsection (1).

20. Notice of objection

(1) Any person may give notice of objection to the registrar or registration officer to whom the notice of intention was given, on the ground that he or she is aware of facts which, under the provisions of this Act, constitute an impediment to the intended marriage.

(2) Where a man married under a polygamous marriage has given notice of an intended marriage, his wife or, if he has more than one wife, any of his wives may give notice of objection to the registrar or registration officer to whom the notice of intention was given, on the ground that—

(a) having regard to the husband’s means, the taking of another wife is likely to result in hardship to his existing wife or wives and children, if any; or

(b) the intended wife is of notoriously bad character or is suffering from an infectious or otherwise communicable disease or is likely to introduce grave discord into the household.

(3) A person who has given notice of objection may at any time withdraw it, but any such withdrawal shall be in writing, signed by him or her.

25. Manner of contracting marriage

(1) A marriage may, subject to the provisions of this Act, be contracted in Tanzania—

(a) in civil form;

(b) in civil form or, where both the parties belong to a specified religion, according to the rites of that religion;

(c) where the intended husband is a Muslim, in civil form or in Islamic form; or

(d) where the parties belong to a community or to communities which follow customary law, in civil form or according to the rites of the customary law.

(2) The Minister shall have power, by order published in the Gazette, to authorise the celebration of marriages according to the rites of the religions specified in such order, and may at any time and from time to time vary any such order by the addition thereto or the deletion therefrom of the name of any religion but so that the deletion of the name of a religion shall be without prejudice to the validity of any marriage contracted under the rites thereof prior to the publication of such order.

(3) For the purposes of this Act—

(a) a marriage in Islamic form means a marriage contracted in the manner recognised by Islam or by any school or sect of that faith; and

(b) a marriage in Christian form means a marriage celebrated in a church in the manner recognised by the Christian faith or by any denomination or sect of that faith.

38. Void ceremonies

(1) A ceremony purporting to be a marriage shall be a nullity-

(a) save where leave has been granted under subsection (2) of section 13, if either party thereto is below the minimum age for marriage;

(b) if the parties thereto are within the prohibited relationships;

(c) if either party is incompetent to marry by reason of an existing marriage;

(d) if the court or a Board, in the exercise of the power conferred by section 22, has directed that the intended marriage is not to be contracted;

(e) the consent of either party was not freely and voluntarily given thereto;

(f) unless both parties are present in person at the ceremony;

(g) if both parties knowingly and wilfully acquiesce in a person officiating thereat who is not lawfully entitled to do so;

(h) unless two competent witnesses are present thereat;

(i) if the intended marriage is expressed to be of a temporary nature or for a limited period; or

(j) if the wife was a widow or a divorced woman prior to the marriage, and her previous marriage having been contracted in Islamic form, she contracts the other marriage during the customary period of iddat.

(2) Notwithstanding paragraph (f) of subsection (1), a marriage shall not be void by reason only of the absence of a party if the witnesses before whom the party gave his or her consent are present at the ceremony.

39. Voidable marriages

Subject to the provisions of sections 97 and 98, a marriage shall be voidable if-

(a) at the time of the marriage-

(i) either party was incapable of consummating it;

(ii) either party was subject to recurrent attacks of insanity or epilepsy;

(iii) either party was suffering from venereal disease in a communicable form; or

(iv) the wife was pregnant by some person other than the husband;

(b) the marriage has not been consummated owing to the willful refusal of one party to consummate it; or

(c) the person had not attained the age of eighteen years and consent to the marriage as required by section 17 had not been given and the court sees good and sufficient reason to set the marriage aside.

40. Voidable marriage valid until annulled

A voidable marriage is for all purposes a valid marriage until it is annulled by a decree of the court.

41. Matters not affecting validity

A marriage which in all other respects complies with the express requirements of this Act shall be valid for all purposes, notwithstanding—

(a) any non-compliance with any custom relating to dowry or the giving or exchanging of gifts before or after marriage;

(b) failure to give notice of intention to marry as required by this Act;

(c) notice of objection to the intended marriage having been given and not discharged;

(d) the fact that any person officiating thereat was not lawfully entitled to do so, unless that fact was known to both parties at the time of the ceremony;

(e) any procedural irregularity; or

(f) failure to register the marriage.

73. Right to damages for enticement

(1) A husband or wife may bring a suit for damages against any person who has, for any reason, enticed or induced his or her spouse to desert him or her.

(2) A suit brought under this section shall be dismissed if the court is satisfied that the conduct of the plaintiff has been such as to justify or excuse his or her spouse leaving the matrimonial home.

96. Power of court to annul voidable marriage

(1) The court shall have power to grant a decree of annulment in respect of any marriage which is voidable under the provisions of section 39:

Provided that-

(a) where the petition is founded on an allegation that at the time of the marriage the respondent was subject to recurrent attacks of insanity or epilepsy or was suffering from venereal disease in a communicable form or was pregnant by a person other than the petitioner, the court shall not grant a decree unless it is satisfied-

(i) that the petition was filed within one year of the date of the marriage; and

(ii) that at the time of the marriage the petitioner was ignorant of the fact alleged; and

(iii) that marital intercourse has not taken place with the consent of the petitioner since discovery by the petitioner of that fact;

(b) where the petition is founded on an allegation that at the time of the marriage the intended wife was below the age of eighteen years and that consent as required by section 17 was not given, the court shall not grant a decree unless it is satisfied that the petition was filed before that party attained the age of eighteen years.

(2) The court shall have power to grant a decree of annulment in respect of any marriage contracted outside Tanzania or in any foreign embassy, High Commission or consulate in Tanzania where the court is satisfied that any of the conditions specified in section 36 or, as the case may be, section 37 has not been complied with.

97. Parties to petition for annulment

(1) Subject to the provisions of subsection (2), a petition for annulment of a marriage may only be brought by one of the parties to the marriage and where the petition is founded on an allegation of facts of which one party was ignorant at the time of the marriage may only be brought by that party and where the petition is founded on the wilful refusal of one party to consummate the marriage, may only be brought by the other party.

(2) A petition for annulment of a marriage on the ground that one of the parties was below the age of eighteen years and that the consent of his or her parent or guardian or of the court to the marriage had not been given may be brought by the parent or guardian of that party.