Tanzania: Update to TZA34272.E of 8 May 2000 on female genital mutilation (FGM) in Tanzania and available state protection

Information additional to that contained in TZA34272.E of 8 May 2000 indicates that female genital mutilation is still widely practised in Tanzania, and that there was no law specifically prohibiting FGM (Country Reports 2002 31 Mar. 2003 Sec.5). Country Reports 2002 adds that on 16 July 2002, a 10-year-old girl died following an FGM procedure in Singida, and that the women who performed the procedure were arrested and prosecuted, although the outcome of the case was still pending by the end of the year. Another death from the same procedure in Dodoma was reported on 18 October 2002 (ibid.).

The Sexual Offenses Special Provisions Act prohibits cruelty against children and is reportedly used as a basis for campaigns against FGM being performed on girls; however, "there was no legal protection for adult women" (ibid.). Equality Now–a non-governmental organization that works "for the protection and promotion of the human rights of women around the world"(n.d.)–and Pravda claim that the government allows mass FGM ceremonies to take place despite international protests against the practice and the Tanzanian Sexual Offences Special Provisions Act which specifically prohibits FGM on girls under eighteen years of age (Equality Now 26 June 2001; Pravda 14 July 2001) . According to Equality Now,

Section 169A(1) of the Sexual Offences Special Provisions Act provides that anyone having custody, charge or care of a girl under eighteen years of age who causes her to undergo FGM commits the offence of cruelty to children. The penalty for this offence is a term of imprisonment from five to fifteen years, a fine of up to 300,000 shillings or both imprisonment and fine. The law also provides for the payment of compensation by the perpetrator to the person against whom the offence was committed (Equality Now June 2001).

In May 2002, Panos, an organization based in London that "works with journalists in developing countries to produce news, features and analysis about the most critical global issues of today," (n.d.), observed that the law had not resulted in prosecution and even the few adults who had been tried were acquitted " usually because daughters were unwilling to testify against their parents" (Panos 29 May 2002).

As far as state protection is concerned, Afrol News notes that

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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Afrol News. 26 June 2001. "Tanzania Fails to Enforce Law Against Female Genital Mutilation." [Accessed 8 July 2003]

Country Reports on Human Rights Practices 2002. 31 March 2003. United States Department of State: Washington, DC. [Accessed 8 July 2003]

Equality Now. June 2001. "Tanzania Failing to Enforce law Against Female Genital Mutilation." [Accessed 8 July 2003]

_____. n.d. "About Equality Now." [10 July 2003]

Panos. 29 May 2002. Alakok Mayombo. "Emergency FGM Rescue Operation Fails in Tanzania." [Accessed 7 July 2003]

_____. n.d. "Panos London Online." [Accessed 10 July 2003]

Pravda [Moscow]. 14 July 2001. "Female Genital Mutilation Banned but Still Practised." [Accessed 8 July 2003]

Additional Sources Consulted

Africa Confidential

Africa Research Bulletin

IRB Databases

Dialogue

Resource Centre. Country File. Tanzania

Internet sources, including:

All Africa.com

Afrol.com

United Nations Development Fund for Women (UNIFEM)

Women's Human Rights Net

Women's International League for Peace and Freedom (WILPF)