[1] “UNAIDS, “Monitoring and evaluation of key populations at higher risk for HIV,” http://www.unaids.org/en/dataanalysis/datacollectionandanalysisguidance/monitoringandevaluationofkeypopulationsathigherriskforhiv/ (accessed May 8, 2013).

[2] Tanzania Commission for AIDS (TACAIDS), “HIV/AIDS in Tanzania,” http://www.tanzania.go.tz/hiv_aids.html (accessed April 3, 2013).

[3] Jacques Morisset, Waly Wane, and Isis Gaddis, “HIV/Aids: Still Claiming Too Many Lives,” post to Africa Can … End Poverty (blog), February 12, 2013, http://blogs.worldbank.org/africacan/hivaids-still-claiming-too-many-lives (accessed April 3, 2013).

[4] National AIDS Control Programme (NACP), “HIV and AIDS in Tanzania: Information about the Control of HIV and AIDS in Tanzania,” http://www.nacptz.org/ (accessed April 3, 2013).

[5] Morisset, Wane, and Gaddis, “HIV/Aids: Still Claiming Too Many Lives.”

[6] TACAIDS et. al, “Tanzania: HIV/AIDS and Malaria Indicator Survey 2011-2012,” March 2013, p. 103.

[7] Morisset, Wane, and Gaddis, “HIV/Aids: Still Claiming Too Many Lives.”

[8] The Global Fund to Fight AIDS, Tuberculosis and Malaria, “Tanzania,” http://portfolio.theglobalfund.org/en/Country/Index/TNZ (accessed April 3, 2013). Global Fund disbursements go to the Tanzanian government as well as to NGOs and civil society organizations working to address HIV/AIDS.

[9] PEPFAR, “Partnership to Fight HIV/AIDS in Tanzania,” http://www.pepfar.gov/countries/tanzania/ (accessed April 3, 2013).

[10] PEPFAR, “Five-Year Partnership Framework in Support of the Tanzanian National Response to HIV and AIDS, 2009‐2013, Between The Government of the United Republic of Tanzania and the Government of the United States of America,” March 4, 2010, http://www.pepfar.gov/documents/organization/138931.pdf, pp. 6-7. However, only 40% of the population with advanced HIV infection is on ART, compared to 82% in Zambia, 72% in Kenya, 67% in Malawi, and 54% in Uganda. See Morisset, Wane and Gaddis, “HIV/Aids: Still Claiming Too Many Lives.”

[11] UNAIDS, “Monitoring and evaluation of key populations at risk for HIV,” http://www.unaids.org/en/dataanalysis/datacollectionandanalysisguidance/monitoringandevaluationofkeypopulationsathigherriskforhiv/ (accessed April 3, 2013). See also Glossary of Terms. The key populations addressed in this report are not the only hard-to-reach populations; other groups also require heightened attention in Tanzania’s efforts to address HIV-AIDS, including pregnant HIV-positive women in rural areas, who have low levels of access to services to prevent mother-to-child transmission. Tanzania’s new National Multi-sectoral Strategic Framework on HIV/AIDS for 2013-2017 sets forth strategies to address these other hard-to-reach groups as well as key populations.

[12] National AIDS Control Programme, “HIV Behavioral and Biological Surveillance Survey Among Female Sex Workers in Dar es Salaam, 2010,” 2012, on file with Human Rights Watch.

[13] UNAIDS, “Information on HIV prevalence among sex workers in Dar es Salaam is available since the mid-1980s. HIV prevalence among sex workers tested increased from 29 percent in 1986 to 49.5 percent in 1993. In 2001, nearly 70 percent of sex workers tested in Mbeya were HIV positive.” UNAIDS/WHO Epidemiological Fact Sheet – 2004 update, http://data.unaids.org/Publications/Fact-Sheets01/tanzania_en.pdf (accessed April 3, 2013).

[14] “Preliminary Results from MSM Studies in Dar es Salaam,” Joyce Nyoni, Jasmine Shio and Michael W. Ross, power point presentation on file with Human Rights Watch; Human Rights Watch interview with Dr. Melchizedek Leshabari, Dar es Salaam, May 15, 2012.

[15] Eric A. Ratliff et. al., “An Overview of HIV Prevention Interventions for People Who Inject Drugs in Tanzania,” Advances in Preventive Medicine, Volume 2012, p. 1.

[16] Tanzania is a union between two former British colonies, Tanganyika, and Zanzibar, which became independent in 1961 and 1963 respectively and merged as Tanzania in 1964, with Zanzibar maintaining some autonomy.

[17] Zanzibar AIDS Commission, “UNGASS Country Progress Report, Zanzibar,” January 30, 2008, http://www.unaids.org/en/dataanalysis/knowyourresponse/countryprogressreports/2008otherentities/zanzibar_2008_country_progress_report_en.pdf (accessed May 9, 2013); see also Zanzibar AIDS Commission, “HIV Prevalence in Zanzibar and Tanzania,” http://www.zac.or.tz/national-hiv-response/hiv-prevalence-in-zanzibar (accessed May 9, 2013).

[18] The Revolutionary Government of Zanzibar, “Zanzibar National HIV Strategic Plan II (ZNSP-II), 2011-2016.” Another widely cited study from Zanzibar reports an HIV prevalence rate of 12.3% among men who have sex with men; see Dahoma et. al., “HIV and Related Risk Behavior Among Men Who Have Sex with Men in Zanzibar, Tanzania: Results of a Behavioral

Surveillance Survey,” AIDS and Behavior, December 8, 2009, DOI 10.1007/s10461-009-9646-7, http://www.deepdyve.com/lp/springer-journals/hiv-and-related-risk-behavior-among-men-who-have-sex-with-men-in-NvOUd0vhH7.

[19] UNAIDS, “Guidance Note 2012: Key Programmes to Reduce Stigma and Discrimination and Increase Access to Justice in National HIV Responses,” http://www.unaids.org/en/media/unaids/contentassets/documents/document/2012/Key_Human_Rights_Programmes_en_May2012.pdf (accessed May 31, 2013), p. 5. See also The World Bank, “Increased Targeting of Key Populations Can Accelerate End of Global HIV Epidemic,” November 28, 2012, http://www.worldbank.org/en/news/press-release/2012/11/28/increased-targeting-key-populations-can-accelerate-end-global-hiv-epidemic (accessed May 31, 2013).

[20] Global Commission on HIV and the Law, “HIV and the Law: Risks, Rights & Health,”July 2012, http://www.hivlawcommission.org/resources/report/FinalReport-Risks,Rights&Health-EN.pdf (accessed May 31, 2013).

[21] The Revolutionary Government of Zanzibar, “Zanzibar National HIV Strategic Plan II (ZNSP-II), 2011-2016,” p. 23.

[22] Tanzania Penal Code, art.  154.

[23] Ibid., art. 157. According to Part I(3) of the Sexual Offences Special Provisions Act, 1998 "gross indecency" in Section 138A “means any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behaviour without any physical contact.” Same sex relations between women are not mentioned in Tanzania’s penal code.

[24] Zanzibar Penal Code, art. 150, 153.

[25] Ibid., art. 158.

[26] According to a World Bank funded study, 116 countries and territories around the world criminalize some aspect of sex work. Kerrigan et.al, The Global HIV Epidemics Among Sex Workers, Washington, DC: World Bank, 2013,p. 285.

[27] Tanzania Penal Code, Chapter 16 of the Laws (Revised), http://www.un.org/Depts/los/LEGISLATIONANDTREATIES/PDFFILES/TZA_penal_code.pdf. art. 176(a).

[28] Zanzibar’s Penal Decree Act No. 6 of 2004, section 140.

[29] The Laws of Tanzania, Chapter 96, The Drugs and Prevention of Illicit Traffic in Drugs Act, 1995, art. 17; Drugs and Prevention of Illicit Traffic Drugs Act, 2009 (Zanzibar), sections 15(1)(c), 15(2), 16.

[30] Drugs and Prevention of Illicit Traffic Drugs Act, 2009 (Zanzibar), section 16(1)(c).

[31] Written Laws (Miscellaneous Amendment) Act of 2011 (Zanzibar), “Amendment of the Drugs and Prevention of Illicit Traffic Drugs Act, No, 9 of 2009,” section 12.

[32] The quoted text comes from the official English version of the NMSF-II. The Kiswahili version, as noted above, fails to call for decriminalization, only calling for an end to “scorning” the activities of sex workers and MSM.

[33] Human Rights Watch interview with Dr. Salash Toure, Arusha, former Regional Medical Officer of Arusha, December 4, 2012.

[34] Human Rights Watch and WASO interview with a representative of a local HIV/AIDS organization, Arusha, December 4, 2012.

[35] Human Rights Watch interview with Umukulthum Ansell, director of ZAYEDESA, Zanzibar, September 13, 2012.

[36] Human Rights Watch interview with a representative of Tanzania Women Living with HIV/AIDS (TAWLWHIA), Mwanza, October 25, 2012.

[37] Human Rights Watch interview with a representative of Engender Health, Mwanza, October 25, 2012.

[38] Human Rights Watch interview with Dr. Joyce Nyoni, Dar es Salaam, September 14, 2012.

[39] Human Rights Watch interview with CHRAGG officials, Dar es Salaam, May 14, 2012.

[40] Joyce E. Nyoni and Michael W. Ross, “Condom Use and HIV-related behaviors in urban Tanzanian men who have sex with men: A study of beliefs, HIV knowledge sources, partner interactions and risk behaviours,” AIDS Care, 2012, p. 5.

[41] Ibid.

[42] Human Rights Watch interview with Daudi L., Mwanza, October 26, 2012.

[43] Human Rights Watch interview with Kashif M., Mwanza, October 27, 2012.

[44] PSI, an international health organization, has plans to initiate an HIV prevention program aimed at sex workers in Arusha. Human Rights Watch interview with PSI staff, Arusha, December 3, 2012.

[45] Human Rights Watch interview with a Tanzanian human rights activist, Kampala, April 17, 2013.

[46] A recent series of attacks on churches in Tanzania called into question the country’s tradition of religious tolerance. “Religious clashes in Tanzania, problems in government,” InformAfrica, October 18, 2012, http://www.informafrica.com/breaking-news-africa/news-religious-clashes-in-tanzania-problems-in-governnment/ (accessed January 21, 2013).

[47] Human Rights Watch interviews with Sabas Masame, Director of Dogodogo Centre, Dar es Salaam, September 3, 2012; with Justa Mwaituka, director of KIWOHEDE, Dar es Salaam, September 3, 2012; and with a representative of a human rights organization working with refugees, Dar es Salaam, September 7, 2012. On albinism, see Under the Same Sun, “Children with Albinism in Africa: Murder Mutilation and Violence - A report on Tanzania, With parallel references to other parts of Sub-Saharan Africa,” June 19, 2012, http://www.underthesamesun.com/sites/default/files/UTSS%20report%20to%20UN%20-%20REPORT_0.pdf (accessed May 9, 2013).

[48] Katrina Manson, “Politics: Young activists bring a belief that things must change,” Financial Times, December 6, 2012, http://www.ft.com/intl/cms/s/0/02230122-3bcf-11e2-b45f-00144feabdc0.html (accessed December 8, 2012).

[49] Human Rights Watch interview with Edward Nsajigwa of the Nyerere Centre for Human Rights, Dar es Salaam, June 25, 2012.

[50] Human Rights Watch interviews with representatives of diplomatic missions in Tanzania, Dar es Salaam, May 2012.

[51] Tanzania Penal Code, art.  154.

[52] Human Rights Watch, This Alien Legacy: The Origins of "Sodomy" Laws in British Colonialism, December 17, 2008, http://www.hrw.org/reports/2008/12/17/alien-legacy-0.

[53] UHAI, “A People Condemned: The Human Rights Status of Lesbian, Gay, Bisexual, Transgender and Intersex Persons In East Africa, 2009-2010,”2010, http://www.uhai-eashri.org/ENG/resources (accessed January 21, 2013).

[54] Global Gayz, “Gay Tanzania News and Reports,” http://archive.globalgayz.com/africa/tanzania/gay-tanzania-news-and-reports/#article1 (accessed January 13, 2013).

[55] Privatus Lipili, “New turn in homosexuality storm in Anglican church,” Guardian, March 2, 2007, http://www.bongo5.com/new-turn-in-homosexuality-storm-in-anglican-church-03-2007/;” Bishops & Homosexuality,” Tanzanian Affairs, September 1, 2008, Issue 91, Religion,  http://www.tzaffairs.org/2008/09/bishops-homosexuality/ (accessed January 16, 2013).

[56] Human Rights Watch interviews with TGNP staff and Gender Festival participants, Dar es Salaam, May 2012.

[57] Human Rights Watch and WASO interview with Saidi W., Dar es Salaam, June 30, 2012.

[58] Human Rights Watch interviews with Gender Festival participants, Dar es Salaam, May 2012.

[59] Under this process, the human rights record of each member country of the UN is evaluated every four years by other countries, who make recommendations as to how the country under review might improve its human rights record. See http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx.

[60] UPR-INFO.ORG, “Responses to Recommendations: Tanzania,” http://www.upr-info.org/IMG/pdf/recommendations_to_tanzania_2012.pdf (accessed January 16, 2012).

[61] “Homosexuality? Not in Tanzania!” Daily News (Dar es Salaam), November 5, 2011, http://www.dailynews.co.tz/editorial/?n=25180 (accessed January 16, 2013).

[62] Ibid.

[63] See for instance International Gay and Lesbian Human Rights Commission (IGLHRC), “Tanzania: Arbitrary Arrests and Detentions of Gay and Lesbian Activists,” October 30, 2009, http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/resourcecenter/993.html (accessed January 16, 2012).

[64] A gay student interviewed for this report was suspended from Baraa Secondary School, a public school in Arusha, for looking effeminate, while a lesbian said she was kicked out of her private secondary school when her sexual identity became known to the school director. Human Rights Watch and WASO interviews with Lester F., Arusha, December 3, 2012, and with Rebecca F., Dar es Salaam, May 15, 2012. Two lesbians in Dar es Salaam reported being evicted by their landlords: Human Rights Watch interviews with Rebecca F., Dar es Salaam, May 15, 2012, and with Ruqayya V., Dar es Salaam, July 24. 2012. Discrimination also takes place in the workplace: one gay man said he had an internship in a law office, but “they told me to look for something else when they realized I was gay.” Human Rights Watch interview with Terence G., Dar es Salaam, May 7, 2012.

[65] Human Rights Watch and WASO interview with a representative of a community-based organization, Tanga, September 6, 2012.

[66] Human Rights Watch interview, date and location withheld.

[67] Human Rights Watch and WASO interview with Ali L., Tanga, September 5, 2012.

[68] Human Rights Watch interview with Abdalla J., Dar es Salaam, May 8, 2012.

[69] Human Rights Watch and WASO interview with Nicholas Y., September 6, 0212.

[70] UHAI, an East African sexual health and rights organization, documented the case of a transgender woman, Auntie Vicky, who was severely mistreated by Tanzanian hospital personnel in 2009. UHAI reported hospital officials at Muhimbili University “had exposed Aunt Vicky’s naked body to their colleagues and civilians and photographed her while she was still unconscious in hospital and that those photographs have been widely disseminated.” UHAI, “A People Condemned,” http://www.uhai-eashri.org/ENG/resources?download=4:uhai-a-people-condemned (accessed May 31, 2013).

[71] See, for instance, Marian Stevens, Gender DynamiX, “Transgender access to sexual health services in South Africa: findings from a key informant survey,” http://www.genderdynamix.org.za/wp-content/uploads/2012/10/Transgender-access-to-sexual-health-services-in-South-Africa.pdf (accessed May 31, 2013), September 2012. The study concluded, “It is evident that currently health services are discriminatory and health workers provide sub-standard care to transgender persons.”

[72] Kerrigan et.al, The Global HIV Epidemics Among Sex Workers, pp. xxvii, xxxiii.

[73] Ibid., pp. 284-285.

[74] National AIDS Control Programme, “HIV Behavioral and Biological Surveillance Survey Among Female Sex Workers in Dar es Salaam, 2010,” July 2011, p. 31.

[75] Human Rights Watch interview with a representative of AMREF, Mwanza, October 26, 2012.

[76] Human Rights Watch interview with Dhuriya M., Itumbi (Chunya District), December 9, 2012.

[77] National AIDS Control Programme, “HIV Behavioral and Biological Surveillance Survey Among Female Sex Workers in Dar es Salaam, 2010,” July 2011, p. 41.

[78] Ibid., p. 14.

[79] United Republic of Tanzania, “Violence Against Children in Tanzania

Findings from a National Survey 2009,” http://www.unicef.org/media/files/VIOLENCE_AGAINST_CHILDREN_IN_TANZANIA_REPORT.pdf (accessed May 31, 2013), pp. 75-76. The study did not address cases of boys engaged in sex work. Human Rights Watch and WASO are aware that such cases exist, but we did not interview any male underage sex workers while conducting research for this report.

[80]See ILO Convention 182 on Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour 1999, entry into force November 19, 2000, article 3; Optional Protocol to the Convention on the Rights of the Child on the sale of children,
child prostitution and child pornography, General Assembly resolution A/RES/54/263, adopted May 25, 2000, 
entered into force on 18 January 2002, acceded to by Tanzania on April 24, 2003.

[81] The Law of the Child Act No. 21 of 20 November 2009, http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_151287.pdf (accessed May 31, 2013), art. 83.

[82] US Department of State, Bureau of Democracy, Human Rights, and Labor, “2012 Human Rights Reports: Tanzania,” April 19, 2013, http://www.state.gov/j/drl/rls/hrrpt/2012/af/204176.htm (accessed May 9, 2013).

[83] Form 3 is the equivalent to 9th grade in the US.

[84] Human Rights Watch interview with Rosemary I., Mbeya, December 7, 2012.

[85] Ibid.

[86] Ibid.

[87] Ibid.

[88] Médecins du Monde, “Assessment of risk practices and infectious diseas among drug users in Temeke District, Dar es Salaam, Tanzania,”2011, p. 17. According to Médecins du Monde, “There is currently estimated to be 25,000-50,000 PWID [people who inject drugs] in Tanzania, although anecdotally this number is placed even higher. ”See also Ashery Mkama, “Drug Addiction On Increase Countrywide,” Daily News (Dar es Salaam), December 29, 2012, http://allafrica.com/stories/201212310239.html (accessed May 9, 2013), citing Drug Control Commission estimates that 150,000 to 500,000 people are addicted to drugs in Tanzania.

[89] World Health Organization, “New treatment gives hope to East Africa’s drug users,” Bulletin of the World Health Organization, Volume 91, Number 2, February 2013, 81-156, http://www.who.int/bulletin/volumes/91/2/13-030213/en/index.html (accessed April 3, 2013).

[90] Médecins du Monde, “Assessment of risk practices and infectious disease among drug users in Temeke District, Dar es Salaam, Tanzania,” 2011, p. 10, 16.

[91] Human Rights Watch interview with Sandrine Pont, general coordinator and country representative, Médecins du Monde, Dar es Salaam, December 6, 2012.

[92] “Tanzania: Tackling Drug Abuse in The Islands,” IRIN, April 9, 2010, http://www.irinnews.org/Report/88757/TANZANIA-Tackling-drug-abuse-in-the-islands (accessed December 19, 2012).

[93] For more information on methadone treatment, see Human Rights Watch, Rehabilitation Required: Russia’s Human Rights Obligation to Provide Evidence-based

Drug Dependence Treatment, Volume 19, No. 7(D) November 2007, http://www.hrw.org/sites/default/files/reports/russia1107webwcover.pdf, pp. 107-108.

[94] World Health Organization, “New treatment gives hope to East Africa’s drug users,” Bulletin of the World Health Organization, Volume 91, Number 2, February 2013, 81-156, http://www.who.int/bulletin/volumes/91/2/13-030213/en/index.html (accessed April 3, 2013).

[95] Human Rights Watch interview with representatives of the Zanzibar Drug Control Commission, Zanzibar, July 16, 2012.

[96] Human Rights Watch interview with January H., Dar es Salaam, June 26, 2012.

[97] Human Rights Watch interview with Abdul P., Zanzibar, September 13, 2012.

[98] Human Rights Watch and WASO interviews with female sex workers, Arusha, December 4, 2012.

[99] Legal and Human Rights Centre, 2013, pp. 21-22

[100] Legal and Human Rights Centre, 2013, pp. 24-25. According to the US State Department, “The LHRC reported in October that no police officer or other official security personnel had been convicted for extrajudicial killing of civilians since 2002,” “2012 Human Rights Reports: Tanzania,” April 19, 2013.

[101] 92 per cent of Tanzanians believe that the police force is corrupt, according to a recent survey conducted by the Afrobarometer and Policy Research for Development (REPOA).  Respondents ranked the police as the most corrupt public institution in Tanzania. REPOA and Afrobarometer, “PROGRESS ON MKUKUTA*: Results from the Afrobarometer Round 5 Survey in Tanzania,” November 21, 2012, http://www.afrobarometer.org/files/documents/media_briefing/tan_r5_presentation1_21nov12.pdf, p. 18, 23 (accessed May 9, 2013).

[102] Human Rights Watch interview with a representative of a foreign aid agency, Dar es Salaam, June 27, 2012.

[103] Human Rights Watch interview with a representative of a human rights organization, Dar es Salaam, September 7, 2012; “MPs Join Public in Uproar Against Alleged Traffic Police Corruption,” Daily News (Dar es Salaam), June 30, 2012, http://allafrica.com/stories/201207020103.html (accessed May 9, 2013)

[104] Human Rights Watch interview with Deputy Police Commissioner Rashid Ali Omar, Dar es Salaam, September 10, 2012.

[105] Human Rights Watch interview with Suleiman R., Dar es Salaam, June 26, 2012.

[106]Maskani is a Kiswahili slang term used to signify an outdoor location for using drugs.

[107] Human Rights Watch interview with Zeitoun Y., Dar es Salaam, July 6, 2012.

[108] Human Rights Watch interview with Mwajuma P., Dar es Salaam, July 3, 2012.

[109] Human Rights Watch interview with Ally H., Dar es Salaam, September 15, 2012.

[110] Human Rights Watch interview with Ally H., Dar es Salaam, September 15, 2012.

[111] Human Rights Watch interview with Fazila Y., Dar es Salaam, July 18, 2012.

[112] Ibid.

[113] Human Rights Watch interview with Mickdad J., Dar es Salaam, July 3, 2012.

[114] Ibid.

[115] Human Rights Watch interview with John Elias, Dar es Salaam, June 26, 2012.

[116] Ibid.

[117] Ibid.

[118] Human Rights Watch interview with Edward Nsajigwa, director of the Nyerere Centre for Human Rights, Dar es Salaam, June 25, 2012.

[119] Human Rights Watch interview with a CHRAGG official, Dar es Salaam, April 8, 2013. On June 25, 2012, a Human Rights Watch researcher visited Elias’s home to speak with him, only to find that CHRAGG representatives had just picked him up in a vehicle to take him to the hospital. They had left a letter with Elias’s father, indicating the case was being investigated. Human Rights Watch has a copy of the letter on file, which is dated “HB/S/3/11/12/IGP/DSM of 7 September 2011.”CHRAGG did not respond to email inquiries from Human Rights Watch sent on August 28, 2012, and on March 28, 2013, as to what specific steps the commission was taking to address the case.

[120] Human Rights Watch interview with Musa E., Mbeya, December 12, 2012.

[121] Human Rights Watch interview with Omary Q., Zanzibar, May 17, 2012.

[122] Human Rights Watch interview with Nasir O., Zanzibar, May 17, 2012.

[123] Human Rights Watch interview with Sharifa Z., Zanzibar, September 13, 2012.

[124] Human Rights Watch interview with Suhayla F., Zanzibar, September 13, 2012.

[125] Human Rights Watch interview with Collins A., Dar es Salaam, June 22, 2012.

[126] Human Rights Watch interview with Collins A., Dar es Salaam, June 22, 2012.

[127] Human Rights Watch and WASO interview with Lester F., Arusha, December 3, 2012.

[128] Human Rights Watch and WASO interview with Lester F., Arusha, December 3, 2012.

[129] Human Rights Watch interview with Mariam H., Dar es Salaam, July 24, 2012.

[130] Human Rights Watch interview with Walid A., Zanzibar, September 13, 3012.

[131] Human Rights Watch interview with Alex N., Dar es Salaam, May 8, 2012.

[132] Human Rights Watch and WASO interview with Jessie L., Dar es Salaam, June 28, 2012.

[133] Human Rights Watch interview with Halima Y., Dar es Salaam, April 12, 2013.

[134] Human Rights Watch interview with Amanda Z., Dar es Salaam, April 12, 2013.

[135] Human Rights Watch and WASO interview with Ramazani H., Dar es Salaam, June 27, 2012.

[136] Human Rights Watch and WASO interview with Wilson N., Dar es Salaam, June 30, 2012.

[137] Human Rights Watch interview with Alamisi V., Mbeya, December 7, 2012.

[138] Human Rights Watch interview with Jenifer A., Mbeya, December 7, 2012.

[139] Human Rights Watch interview with Khadija J., Mbeya, December 7, 2012.

[140] Ibid.

[141] Human Rights Watch interview with Adimu S., Mbeya, December 7, 2012.

[142] Human Rights Watch interview with Rosemary I., Mbeya, December 7, 2012.

[143] Human Rights Watch and WASO interview with Ruby C., Mwanza, October 25, 2012.

[144] Human Rights Watch and WASO interview with Bishara A., Mwanza, October 26, 2012.

[145] Human Rights Watch interview with Harun Z., Dar es Salaam, June 26, 2012.

[146] Human Rights Watch and WASO interview with Ilham K., Dar es Salaam, July 4, 2012.

[147] Human Rights Watch interview with Evelyn D., Dar es Salaam, July 18, 2012.

[148] Human Rights Watch and WASO interview with Edwin J., Dar es Salaam, June 22, 2012.

[149] Human Rights Watch and WASO interview with Henry O., Mwanza, October 27, 2012.

[150] Human Rights Watch and WASO interview with Ilham K., Dar es Salaam, July 4, 2012.

[151] See François Ayissi et al. v. Cameroon, Working Group on Arbitrary Detention, Opinion No. 22/2006, U.N. Doc. A/HRC/4/40/Add.1 at 91 (2006), on file with Human Rights Watch.

[152] Human Rights Watch and WASO interview with Mohammed R., Dar es Salaam, July 5, 2012.

[153] Human Rights Watch and WASO interview with Victor G., Dar es Salaam, May 8, 2012.

[154] Human Rights Watch and WASO interview with Joseph S., Dar es Salaam, July 5, 2012.

[155] Human Rights Watch and WASO interview with Hussein M., Dar es Salaam, July 5, 2012.

[156] Human Rights Watch interview with Hamisi K., Zanzibar, September 13, 2012.

[157] Human Rights Watch interview with Hayat E., Dar es Salaam, July 24, 2012.

[158] Human Rights Watch interview with Mwajuma P., Dar es Salaam, July 3, 2012.

[159]One such militia group is the mgambo, a militia trained by the Tanzanian armed forces. We received little information about rights abuses by the mgambo.

[160] “Zanzibar Falls Victim to the International Heroin Trade,” VOA, March 4, 2012, http://www.voanews.com/content/zanzibar-falls-victim-to-the-international-heroin-trade-141414703/181120.html (accessed December 19, 2012).

[161] See Horace Campbell, “Popular Resistance in Tanzania: Lessons from the Sungu Sungu,” History research seminar series, 1987, on file with Human Rights Watch. 

[162] The United Republic of Tanzania, Act No. 9 of 1989, “An Act to amend laws pertaining to the powers and operations of People’s Militia.”

[163] US Department of State, Bureau of Democracy, Human Rights and Labor, “Country Reports on Human Rights Practices for 2011: Tanzania,”

http://www.state.gov/documents/organization/186460.pdf, p. 7 (accessed January 23, 2013).

[164] Human Rights Watch interview with Police Commissioner Paul Chagonja, acting inspector general of police, Dar es Salaam, September 10, 2012.

[165] Human Rights Watch interview with Alfie N., Dar es Salaam, June 25, 2012.

[166] Human Rights Watch interview, Dar es Salaam, June 25, 2012.

[167] Human Rights Watch interview with Alfie N., Dar es Salaam, June 25, 2012.

[168] Human Rights Watch interview with the victim’s mother, Dar es Salaam, June 25, 2012.

[169] Ibid.

[170] Human Rights Watch interview with Médecins du Monde employees, Dar es Salaam and by telephone, December 6, 2012.

[171] Human Rights Watch interview with Rashid E., Dar es Salaam, June 26, 2012. Human Rights Watch observed Rashid E.’s crooker finger, and broad, black marks on his hand, which were consistent with being beaten by a panga.

[172] Human Rights Watch interview with Mwanahamisi K., Dar es Salaam, June 25, 2012.

[173] Ibid.

[174] Human Rights Watch interview with Angela G., Dar es Salaam, July 24, 2012.

[175] Human Rights Watch interview with Susan N., Dar es Salaam, July 24, 2012.

[176] Human Rights Watch interview with Rosemary I., Nadia O., and Asha W., Mbeya, December 7, 2012.

[177] Human Rights Watch interview with John Badia Olwasi, director of CADAAG, Arusha, December 3, 2012.

[178] Human Rights Watch interview with a local activist, Mwanza, October 27, 2012.

[179] Human Rights Watch interview with an outreach worker, Zanzibar, May 17, 2012.

[180] Ibid.

[181] Human Rights Watch interview with Idris Z., Zanzibar, May 17, 2012.

[182] Human Rights Watch interview with Abdilah D., Dar es Salaam, May 9, 2012.

[183] Ibid.

[184] Human Rights Watch interview with Ally H., Dar es Salaam, September 15, 2012.

[185] Ibid.

[186] Human Rights Watch interview with Asha W., Mbeya, December 7, 2012.

[187] Human Rights Watch interview with Mwamini K., Dar es Salaam, May 15, 2012.

[188] Human Rights Watch and WASO interview with Louisa T., Mwanza, October 25, 2012.

[189] Human Rights Watch interview with Mickdad J., Dar es Salaam, July 3, 2012.

[190] Legal and Human Rights Centre has documented dozens of cases of mob justice in Tanzania; a recent report found that “most affected people of this archaic mode of community punishment are pick pocketers, petty thieves, suspected witches and other people believed to be source [sic] of problem to the community.” LHRC, 2013, pp. 26-31.

[191] Human Rights Watch interview with Watende A., Dar es Salaam, July 6, 2012.

[192] Human Rights Watch interview with Jamal P., Zanzibar, May 17, 2012.

[193] Human Rights Watch and WASO interview with Abdalla J., Dar es Salaam, May 8, 2012.

[194] Human Rights Watch and WASO interview with Rahim R., Dar es Salaam, May 8, 2012.

[195] Human Rights Watch and WASO interview with Ramazani H., Dar es Salaam, June 27, 2012.

[196] Human Rights Watch and WASO interview with Wilson N., Dar es Salaam, June 30, 2012.

[197] Human Rights Watch and WASO interview with Ismail P., Dar es Salaam, June 27, 2012.

[198] According to an official at the Ministry of Community Development, Gender, and Children, 417 Gender Desks had been established throughout the country by April 2013. However, the official acknowledged that officers who had received training to run the Gender Desks had not received training on sex workers’ needs. Human Rights Watch interview with Anna Maembe, Deputy Permanent Secretary, Ministry of Community Development, Gender, and Children, Dar es Salaam, April 8, 2013.

[199] Human Rights Watch interview with Geoffrey Kiangi, acting director of Preventive Services, Ministry of Health and Social Welfare, September 10, 2012.

[200] Human Rights Watch interview with representatives of the Zanzibar AIDS Control Programme, Zanzibar, May 17, 2012.

[201] Human Rights Watch interview with an LGBT rights activist, Dar es Salaam, May 7, 2012.

[202] Human Rights Watch telephone interview with Richard Killian, Country Representative of Engender Health in Tanzania, October 25, 2012.

[203] Email communication from a Médecins du Monde official to Human Rights Watch, March 18, 2013.

[204] Human Rights Watch interview with Christian B., Mbeya, December 12. 2012.

[205] Human Rights Watch interview with John Badia Olwasi, CADAAG director, Arusha, December 3, 2012.

[206] Human Rights Watch interview with a representative of AMREF, Mwanza, October 26, 2012.

[207] Human Rights Watch and WASO interviews with MSM, Dar es Salaam, June 2012; Human Rights Watch interview with Dr. Simon Yohana, director of PASADA, Dar es Salaam, July 6, 2012.

[208] Human Rights Watch and WASO interview with Collins A., Dar es Salaam, June 22, 2012.

[209] Human Rights Watch interview with Alex N., Dar es Salaam, May 8, 2012.

[210] Human Rights Watch and WASO interview with Yusuf G., Dar es Salaam, June 30, 2012.

[211] Human Rights Watch interview with Ally Semsella and Peter Celestin, Dar es Salaam, April 8, 2013.

[212] Human Rights Watch interview with Jamal P., Zanzibar, May 17, 2012.

[213] Human Rights Watch interview with representatives of the Zanzibar Drug Control Commission, Zanzibar, May 16, 2012.

[214] Human Rights Watch interview with an LGBT rights activist, Zanzibar, May 17, 2012.

[215] Human Rights Watch interview with Dr. Ramadhan Issa Hassan, MARPs specialist at Mnazi Mmoja Hospital, Zanzibar. September 13, 2012.

[216] Human Rights Watch and WASO interview with Lester F., Arusha, December 3, 2012.

[217] Human Rights Watch and WASO interview with Carlos B., Dar es Salaam, June 27, 2012.

[218] Human Rights Watch and WASO interview with Ismail P., Dar es Salaam, June 27, 2012.

[219] Human Rights Watch and WASO interview with Mohammed R., Dar es Salaam, July 5, 2012.

[220] Human Rights Watch and WASO interview with Peter E., Dar es Salaam, June 27, 2012.

[221] Human Rights Watch and WASO interview with Ismail P., Dar es Salaam, June 27, 2012.

[222] Human Rights Watch interview with Hayat E., Dar es Salaam, July 24, 2012. 

[223] Human Rights Watch interview with Mwajuma P., Dar es Salaam, July 3, 2012.

[224] Human Rights Watch interview with Mickdad J., Dar es Salaam, July 3, 2012.

[225] Human Rights Watch and WASO interview with a representative of a community-based organization, Tanga, September 6, 2012.

[226] Human Rights Watch and WASO were unable to identify the legal or regulatory source of the PF3 requirement. A police official told Human Rights Watch that she believed the PF3 requirement was set forth in the Criminal Procedure Code, but it is not. The Ministry of Health and Social Welfare did not respond to a letter from Human Rights Watch, delivered by hand on April 8, 2013, inquiring as to the legal status of the PF3 form.

[227] Human Rights Watch interview with Deputy Police Commissioner Rashid Ali Omar, Dar es Salaam, September 10, 2012.

[228] Ibid.

[229] Human Rights Watch interview with Suleiman R., Dar es Salaam, June 26, 2012.

[230] Human Rights Watch interview with Susan N., Dar es Salaam, July 24, 2012.

[231] Human Rights Watch and WASO interview with Walter S., Mwanza, October 27, 2012.

[232] Human Rights Watch interview with Mwamini K., Dar es Salaam, May 15, 2012.

[233] Human Rights Watch and WASO interview with Jamila H., Dar es Salaam, July 4, 2012.

[234] Human Rights Watch interview with Maureen B., Dar es Salaam, July 24, 2012.

[235] Human Rights Watch interview with Dalili S., Dar es Salaam, July 24, 2012.

[236] Florence Mugarula, “Tanzania: Ministry Moves to Assist Gender Violence Victims,” The Citizen (Dar es Salaam), December 18, 2011, http://allafrica.com/stories/201112191419.html (accessed February 11, 2013); email communication to Human Rights Watch from a representative of the UN Population Fund (UNFPA), June 5, 2013.

[237] Human Rights Watch interview with Mwamini K., Dar es Salaam, May 15, 2012.

[238] Human Rights Watch interview with Pili M., Dar es Salaam, May 15, 2012.

[239] Human Rights Watch and WASO interview with Melissa L., Arusha, December 4, 2012.

[240] Human Rights Watch interviews with a representative of ZASOSE, a community-based organization, and ICAP, an international NGO, Zanzibar, May 16, 2012.

[241] Human Rights Watch and WASO interview with Lester F., Arusha, December 3, 2012.

[242] Human Rights Watch interview with Christian B., Mbeya, December 12, 2012.

[243] Human Rights Watch and WASO interview with Ali L., Tanga, September 5, 2012.

[244] International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171, entered into force March 23, 1976, acceded to by Tanzania on June 11, 1986. Articles 2 and 26 of the ICCPR affirm the equality of all people before the law and the right to freedom from discrimination.  Article 17 protects the right to privacy. See also Toonen v. Australia, 50th Sess., Communication No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992, April, 14, 1994, sec. 8.7.

[245] See François Ayissi et al. v. Cameroon, Working Group on Arbitrary Detention, Opinion No. 22/2006, U.N. Doc. A/HRC/4/40/Add.1 at 91 (2006), on file with Human Rights Watch.

[246] The African [Banjul] Charter on Human and Peoples’ Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21I.L.M. 58 (1982), entered into force October 21, 1986, acceded to by Tanzania, February 18, 1984, article 2.  See the African Commission on Human and People’s Rights, Zimbabwe Human Rights NGO Forum v. Zimbabwe, sec. 169, AHRLR 128 (ACHPR 2006).

[247] Constitution of the United Republic of Tanzania (last amended 1985) [United Republic of Tanzania], April 26, 1977, http://www.unhcr.org/refworld/docid/3ae6b50c4.html, (accessed 21 January 2013), art. 9. Use of capitalization in the quoted section follows the original.

[248] Ibid., art. 13.

[249] Ibid., art. 16.

[250] ICCPR, art. 17.

[251] ICCPR art.9; African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force October 21, 1986, art. 4, 6.

[252] Constitution of the United Republic of Tanzania (last amended 1985) [United Republic of Tanzania], April 26, 1977, http://www.unhcr.org/refworld/docid/3ae6b50c4.html (accessed 21 January 2013), art. 15(2)a.

[253] See the Law of the Child Act No. 21 of 20 November 2009, http://www.ilo.org/wcmsp5/groups/public/---ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_151287.pdf (accessed May 3, 2013), art. 83; UN General Assembly, Convention on the Rights of the Child, 20 November 1989, United Nations, Treaty Series, vol. 1577, p. 3, http://www.unhcr.org/refworld/docid/3ae6b38f0.html (accessed May 31, 2013), art. 34;  International Labour Organization (ILO), Worst Forms of Child Labour Convention, C182, 17 June 1999, C182, http://www.unhcr.org/refworld/docid/3ddb6e0c4.html (accessed 31, 2013), art. 3(b); and the African Charter on the Rights and Welfare of the Child, OAU Doc. CAB/LEG/24.9/49 (1990), entered into force Nov. 29, 1999., art. 27.

[254] National Costed Plan of Action for Most Vulnerable Children, October 2012, p. 2, on file with Human Rights Watch.

[255] ICCPR art.9; African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force October 21, 1986, art. 4, 6.

[256] ACHPR, art. 5; ACCPR art. 7 and 10.

[257] Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), adopted December 10, 1984, G.A. res. 39/46, annex, 39 U.N.GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984), entered into force June 26, 1987.

[258] Constitution of the United Republic of Tanzania (last amended 1985) [United Republic of Tanzania], April 26, 1977, http://www.unhcr.org/refworld/docid/3ae6b50c4.html (accessed May 31, 2013), art. 13(6)e.

[259] Ibid., art. 13(6)d.

[260] African [Banjul] Charter on Human and Peoples' Rights , op. cit., art. 16; International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted December 16, 1966, G.A. Res. 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entered into force January 3, 1976, ratified by Tanzania on June 11, 1976, art. 12; CEDAW, adopted December 18, 1979, G.A. Res. 34/180, U.N. Doc. A/34/46, entered into force September

3, 1981 and acceded to by Tanzania on August 20, 1985, article 12.

[261] See UN Committee on Economic, Social and Cultural Rights, General comment No. 20: Non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the International Covenant on Economic, Social and Cultural Rights), July 2, 2009, para. 32. While article 12 guarantees the right to health, article 2(2) protects individuals from discrimination in the application of all rights guaranteed by the covenant. General Comment 20 clarifies that discrimination is prohibited on the basis of sexual orientation and gender identity.

[262] Committee on Economic, Social and Cultural Rights (CESCR), The Right to the Highest Attainable Standard of Health, (Art 12), E/C.12/2000/4, (August. 11, 2000) General Comment no. 14, on the normative content of article 12 of the ICESCR, para 9.

[263] The Beckley Foundation Drug Policy Programme, “Recalibrating the Regime: The Need for a Human Rights-Based Approach to International Drug Policy,” Report Thirteen, March 2008, http://www.hrw.org/legacy/pub/2008/hivaids/beckley0308.pdf (accessed May 31, 2013), pp. 33-34.

[264] Eastern Africa National Networks of AIDS Service Organizations (EANNASO), “The East African Legislative Assembly passes the EAC HIV & AIDS Prevention and Management Bill, 2012,” undated press release (April 2012),  http://www.eannaso.org/index.php?option=com_content&view=article&id=48%3Apress-realease-eac-aids-law&catid=73%3Aeac-hiv-bill&Itemid=56&lang=en (accessed January 3, 2013).

[265] East African Community HIV & AIDS Prevention and Management Bill, 2012,  http://www.eannaso.org/index.php?option=com_docman&task=cat_view&Itemid=10&gid=74&orderby=dmdate_published&ascdesc=DESC&lang=en (accessed January 3, 2013), section 7(h) and 11(d). However, the East African Legislative Assembly’s diffidence in addressing the needs of key populations, and the politicized nature of this important health issue, are evidenced by the fact that the EALA refused to spell out what constituted “most-at-risk populations” in the text of the bill. A proposal by some drafters to clarify that the term referred specifically to men having sex with men, sex workers and people who inject drugs was rejected by government officials involved in the drafting process, who argued that the bill should not “recognize or legitimize conduct which is expressly criminalized” by national laws; see Notes to the Draft East African Community HIV and AIDS Prevention and Management Bill, 2010, http://www.eannaso.org/index.php?option=com_docman&task=cat_view&Itemid=10&gid=74&orderby=dmdate_published&ascdesc=DESC&lang=en (accessed January 3, 2013). The bill is thus weaker in its approach to MARPs than national legislation in Tanzania, Kenya, Rwanda, and Burundi.

[266] East African Community HIV & AIDS Prevention and Management Bill, 2012, section 38(1).

[267] Ibid., section 13(b). The section refers specifically to “quality female and male condoms;” however, water-based lubricant would also qualify as a recognized protective method. See, for instance, the World Health Organization (WHO) and UNAIDS, The Male Latex Condom: 10 Condom Programming Fact Sheets, http://www.unaids.org/en/media/unaids/contentassets/dataimport/publications/irc-pub01/jc003-malecondom-factsheets_en.pdf (accessed June 5, 2013), p. 7.

[268] African Union, Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa, 11 July 2003, http://www.africa-union.org/root/au/Documents/Treaties/Text/Protocol%20on%20the%20Rights%20of%20Women.pdf (accessed May 31, 2013), art. 14(1)d.

[269] ICCPR articles 2, 7, 17.

[270] Maputo Protocol, art. 3(4).

[271] Ibid., art. 4(2)a.

[272] Ibid., art. 4(2)e.

[273] Tanzania penal code, art. 131(1); Zanzibar penal code, art. 126(1).

[274] Tanzania penal code, art. 130(1); Zanzibar Penal Code, art. 125(1).

[275] Laws of Tanzania, Chapter 239, The Prevention and Combating Corruption Act No. 11/2007 (PCCA), section 25.

[276] Human Rights Watch interview with a PCCB official, Dar es Salaam, September 11, 2012; PCCA, section 52.

[277] Human Rights Watch interview with Elice Mapunda, Dar es Salaam, April 10, 2013.

[278] Human Rights Watch interview with William Kafura, Dar es Salaam, April 8, 2013.

[279] Human Rights Watch interview with Anna Maembe, Dar es Salaam, April 8, 2013.

[280] REPOA and Afrobarometer, “PROGRESS ON MKUKUTA*: Results from the Afrobarometer Round 5 Survey in Tanzania.”

[281] US Department of State, Bureau of Democracy, Human Rights, and Labor, “2012 Human Rights Reports: Tanzania.”

[282] Human Rights Watch interview with a PCCB official, Dar es Salaam, September 11, 2012.

[283] Human Rights Watch interview with a UN official, Dar es Salaam, April 8, 2013.

[284] Human Rights Watch interview with a UN official, Dar es Salaam, April 12, 2013; US Embassy in Dar es Salaam, “President Kikwete Visits CDC Site,” March 26, 2013, http://tanzania.usembassy.gov/ph_03262013.html (accessed May 9, 2013).