Tanzania: Consequences for a woman who gets pregnant out of wedlock, including the possibility of arrest and criminal or civil proceedings; whether the same consequences apply if the woman marries before the birth of the child (2012-July 2013)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 7 August 2013 |
| Citation / Document Symbol | TZA104531.E |
| Related Document(s) | Tanzanie : information sur les conséquences pour une femme qui tombe enceinte sans être mariée, y compris la possibilité qu'elle soit arrêtée ou qu'elle fasse l'objet de procédures criminelles ou civiles; information indiquant si les conséquences sont les mêmes si la femme se marie avant la naissance de l'enfant (2012-juillet 2013) |
| Cite as | Canada: Immigration and Refugee Board of Canada, Tanzania: Consequences for a woman who gets pregnant out of wedlock, including the possibility of arrest and criminal or civil proceedings; whether the same consequences apply if the woman marries before the birth of the child (2012-July 2013), 7 August 2013, TZA104531.E, available at: https://www.refworld.org/docid/53e481264.html [accessed 22 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to the US Department of State's Country Reports on Human Rights Practices for 2012, there is a law in Zanzibar by which an unmarried woman between the ages of 18 and 21 who gets pregnant can be sentenced to perform community service (US 19 Apr. 2013, 30). However, the same source indicates that the provision was not applied during 2012 (ibid.). Country Reports 2006 indicates that there was previously a law in Zanzibar by which a woman who became pregnant out of wedlock could be imprisoned for up to two years, but that on 5 March 2006, the President signed a law replacing prison penalties with community service (US 6 Mar. 2007, Sec. 1f). Other sources indicate that prison sentences in Zanzibar for unmarried women who get pregnant were abolished (TAMWA 17 Mar. 2013; UN 6 Aug. 2009, para. 3) with the enactment of the Spinsters and Single Parent Child Protection Act of 2005 (ibid.).
In correspondence with the Research Directorate, a representative of the Zanzibar Legal Services Centre (ZLSC), an NGO that promotes access to justice and human rights (ZLSC n.d.), indicated that the Spinsters and Single Parent Children Protection Act (Act No. 4 of 2005) is the legislation that addresses the issue of women having children out of wedlock (ZLSC 7 Aug. 2013). Article 3(6) of the law prescribes a punishment of six months of community service to be started three months after the delivery of the child (Zanzibar 2005). A copy of this Act, which was provided by ZLSC, is attached to this Response. The ZLSC representative indicated that there is no data available regarding the number of women investigated, arrested and/or prosecuted for having children out of wedlock, but that the law is only applicable in Zanzibar and that once the woman marries the father, the case is dropped (7 Aug. 2013).
Other sources contacted by the Research Directorate were not aware of the practice of this law (Tanzania 24 July 2013; TAWIF 25 July 2013).
In a telephone interview with the Research Directorate, an official at the High Commission of the United Republic of Tanzania in Ottawa said that there is no law punishing women for out-of-wedlock pregnancies in Tanzania or Zanzibar (Tanzania 24 July 2013). However, he said that "[i]n some communities, there may be situations in which the woman is thrown out by her parents or shunned by the community" (ibid.). He noted that Zanzibar is primarily Muslim and that Islamic regulations are taken into account there, and that there may be also some customary practices regarding this issue in Zanzibar (ibid.).
In correspondence with the Research Directorate, the Executive Director of Tanzania Women of Impact Foundation (TAWIF), a human rights NGO that works throughout mainland Tanzania on issues of women's and children's rights, similarly said that there is no law in practice punishing women for having children out of wedlock in Zanzibar (TAWIF 25 July 2013). She explained that there are many women in Zanzibar who have had children out of wedlock and have not been prosecuted for it (ibid.). She also indicated that she checked her information with several contacts, including lawyers and a judge (ibid.).
The embassy official expressed the opinion that if the father married the mother prior to the birth of the child, the issue of the out-of-wedlock pregnancy would not be problematic for the mother (Tanzania 24 July 2013). He said that sometimes the woman's family pressures the man to marry the woman if she gets pregnant out of wedlock (ibid.).
The embassy official also said that if the woman was subject to penalties that only apply in Zanzibar, she could go to mainland Tanzania to avoid them (ibid.). He explained that the police in the mainland only cooperate with the police in Zanzibar in criminal matters or cases of treason (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Tanzania. 24 July 2013. High Commission of the United Republic of Tanzania in Ottawa. Telephone interview with an official.
Tanzania Media Women's Association (TAMWA). 17 March 2013. "Activity and Success." [Accessed 6 Aug. 2013]
Tanzania Women of Impact Foundation (TAWIF). 25 July 2013. Correspondence from the Executive Director to the Research Directorate.
United Nations (UN). 6 August 2009. Human Rights Committee. Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant. Concluding Observations of the Human Rights Committee: United Republic of Tanzania. (CCPR/C/TZA/CO/4) [Accessed 24 July 2013]
United States (US). 19 April 2013. Department of State. "Tanzania." Country Reports on Human Rights Practices for 2012. [Accessed 24 July 2013]
_____. 6 March 2007. Department of State. "Tanzania." Country Reports on Human Rights Practices for 2006. [Accessed 24 July 2013]
Zanzibar. 2005. The Spinsters and Single Parent Children Protection Act (Act No. 4 of 2005). (Provided by the Zanzibar Legal Services Centre)
Zanzibar Legal Services Centre (ZLSC). 7 August 2013. Correspondence from a representative to the Research Directorate.
_____. N.d. "Introduction." [Accessed 7 Aug. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact representatives of the following organizations were unsuccessful: East Africa Law Society; Family Planning Association of Tanzania; High Commission of Canada in Tanzania; Ministry of Justice and Constitutional Affairs; Office of the Director of Public Prosecutions; Tanzania Gender Networking Programme; Zanzibar Female Lawyers Association. A lawyer based in Zanzibar and a representative from the Legal and Human Rights Centre were unable to provide information.
Internet sites, including: Association of Concerned African Scholars; ecoi.net; Factiva; GBV Prevention Network; Hot Peach Pages; Legal and Human Rights Centre; Tanzania - Tanzania Police Force; UN - Office of the United Nations High Commissioner for Human Rights, Refworld, UN Tanzania Delivering as One; Zanzibar - Office of the Director of Public Prosecutions, Ministry of Justice and Constitutional Affairs.
Attachment
Zanzibar. 2005. The Spinsters and Single Parent Children Protection Act (Act No. 4 of 2005).
