Help-Seeking Pathways and Barriers for ... - EngenderHealth

C. The Legal and Policy Framework for GBV in Tanzania
The development and passage of the following two key policies in 2011 represent important
milestones and clearly indicate that the GoT is increasing its attention on GBV:
1) The National Policy Guidelines for the Health Sector Prevention of and Response to
Gender-based Violence, which outline the roles and responsibilities of the MoHSW
and other stakeholders in the planning and implementation of comprehensive GBV
services; and
2) The National Management Guidelines for the Health Sector Response to and
Prevention of Gender-based Violence (GBV), which provide a framework for
standardized medical management of GBV cases and aim to strengthen referral
linkages between the community and providers.
In addition, a national clinical training curriculum is under development, which will include
GBV screening protocols. While the MoHSW has taken the lead on these policy initiatives,
the Ministry of Community Development, Gender, and Children (MCDGC) has also
demonstrated its commitment to addressing GBV, most notably by establishing a national
multi-sectoral committee on violence against women and children, and developing a
community sensitization strategy. 6
However, while the principle of gender equality is enshrined in the Tanzanian constitution
(1977) and more recent legislation upholds this commitment (e.g., the Land Act and Village
Land Act, 1999), legal protections against GBV are limited. The recent Sexual Offenses
Special Provisions Act, 1998 (SOSPA) criminalizes various forms of GBV, including rape,
sexual assault and harassment, female genital cutting (for girls aged 18 years and
younger), and sex trafficking. However, marital rape is not recognized as an illegal act. The
Law of Marriage Act (revised 2002) prohibits “corporal punishment” against a wife.
However, this Act also fails to recognize marital rape and does not provide legal protection
for unmarried women against bodily harm. Moreover, by not providing a definition of
“corporal punishment,” the law is open to interpretation and excludes non-physical forms of
violence (e.g., psychological violence). While some aspects of economic violence are
addressed under this law—for example, fathers have the responsibility to provide child
support—the law is not specific on the penalty for non-compliance, and other forms of
economic violence are excluded altogether. The Law of Marriage Act further allows for child
marriage (at 15 years of age with parental consent), which is another common form of
gender-based violence perpetrated against women in Tanzania. 7
Since launching its GBV initiative in 2010, PEPFAR has been collaborating closely with the
Government of Tanzania to address GBV. By the end of the three-year project, Tanzania will
6 Fleischman, J. (2012). Gender-based violence and HIV: Emerging lessons from the PEPFAR initiative in
Tanzania. Washington D.C.: Center for Strategic and International Studies, July 2012.
7 Human Development Trust. (2011). Gaps in policies and laws that perpetuate gender based violence in
Tanzania: An analysis and synthesis by Human Development Trust (HDT), Final report. Dar es Salaam, June
2011.
Help-Seeking Pathways and Barriers for Survivors of GBV in Tanzania March 2013
Page 12