Public Opinion is Clear: Urgent Legislation Required to Protect Children from Sexual Exploitation! Read the story

Global Progress Towards Ending the Sexual Exploitation of Children

A global problem requires truly global solutions to address the sexual exploitation of children.

Since our inception in the 1990s, the global ECPAT network has played a fundamental role in monitoring the actions taken by countries around the world towards ending the sexual exploitation of children.

We commend progress where we see it, and prioritise our advocacy and lobbying where we see inertia. The ECPAT Global Progress Indicators are carefully defined, measurable aspects of any national response towards protecting children.

They provide practical guidance for prevention and responses of the sexual exploitation of children.

A detailed rationale for each indicator as well as a brief description of how assessment was made for each country can be found below. We encourage you to reach out and contact us should movement have been seen in your country so we can update assessments and highlight country progress.

Indicators

Age of Consent

No

In Mainland Tanzania the age of sexual consent for girls is 18 years. However, sexual intercourse between spouses does not amount to statutory rape if the girl is above 15 years. The age of sexual consent has not been clearly identified for boys.
In Zanzibar the Age of sexual consent for both boys and girls in Zanzibar is 18 years but exception to criminal liability if a male rapes his minor wife.
The national legislation does not provide for a close-in-age exemption.

DH Legal Analysis Tanzania, 2020

Extraterritoriality & Extradition

No

Active extraterritoriality is provided for OCSE crimes. Double criminality is required in these cases. No information is provided on active or passive extraterritoriality for other SEC-related offences.

Extradition is possible for OCSE crimes. No information is available on whether other SEC-relate offences are extraditable. The principle of double criminality does not apply to extradition cases.

SECTT Legal Checklist Tanzania, 2020

CSAM Definition

Partial

The national legislation (applicable in both Mainland Tanzania and Zanzibar) does not provide a definition of CSAM which is in line with international standards. The definition provided does not include depictions of the sexual parts of a child’s body for primarily sexual purposes. Positively, the definition includes material depicting a person appearing to be a child as well as computer/digitally generated CSAM.

In Zanzibar, the national legislation provides a definition which is partially in line with international standards. The inclusion of “by whatever means” appears to imply that the definition covers any type of material. Further, the notion if “representation of a child” may not be necessarily limited to a real child and could cover digitally/computer generated CSAM including realistic images of non-existent children.

DH Legal Analysis Tanzania, 2020

Background Check Required

No

There are no provisions on mandatory background checks.
However, legislation of both Mainland Tanzania and Zanzibar stipulate that convicted sex offenders are prohibited from holding some positions involving or facilitating contact with children.

SECTT Legal Checklist Tanzania, 2020

National Commitments

Partial

Tanzania has ratified the CRC, the OPSC, the Trafficking Protocol and the ILO Convention No. 182.

Tanzania has also ratified the African Charter on the Rights and Welfare of the Child.

Tanzania has not ratified the OPIC, the UNWTO Framework Convention on Tourism Ethics nor the AU Convention on Cyber Security and the Council of Europe's Lanzarote and Budapest Conventions.

DH Legal Analysis Tanzania, 2020

Child Advocacy Centers

Not Yet Assessed

SEC Police Unit

Partial

There main police unit including SEC in its mandate at the national level are the Gender and Children's Desks established in a number of police stations. It is unclear if these units are effectively functioning, have been properly staffed or have sufficient resources. It is unclear whether these desks deal with both offences under national and extraterritorial jurisdiction.

Furthermore, Zanzibar has a Child Protection Unit whose mandate includes cases of child abuse and neglect. No information is provided on whether this Unit is effectively functioning, well funded or whether it deals with both offences under national and extraterritorial jurisdiction.

DH Desk-based Research Tanzania, 2020

Protection Standards Travel and Tourism

No

There are no child protection standards for the travel and tourism industry in place.

SECTT Legal Checklist Tanzania, 2020

Public SEC Case Data

Not Yet Assessed

Extraterritoriality and Extradition Provisions Allow for Effective Prosecution of Sexual Exploitation of Children

The country has appropriate extraterritoriality and extradition provisions for sexual exploitation of children crimes.

Yes The national legislation explicitly provides for both active [1] and passive [2] extraterritoriality for all offences of sexual exploitation of children covered by the legislation of the concerned State. Extradition is possible for SEC offences. The principle of double criminality does not apply to SEC offences for both extraterritoriality and extradition provisions.

[1] jurisdiction over offences committed by a State’s nationals, even with respect to events occurring entirely abroad
[2] jurisdiction over offences committed against a State’s nationals by whomsoever committed, even with respect to events occurring entirely abroad

Partially The applicability of (passive and active) extraterritoriality and extradition provisions are limited in their scope. For example, extraterritoriality is applicable only for certain of the offences related to sexual exploitation of children or does not cover perpetrators having their habitual residence); or the provisions are applicable but depending on certain conditions (e.g. passive jurisdiction but the offender must be found on the State’s territory).
The principle of double criminality does not apply to either or both extraterritoriality and extradition provisions.

No The principle of double criminality applies to either extraterritoriality and extradition provisions for SEC offences.
Extraterritoriality provisions – both in terms of active or passive jurisdiction – do not apply to any offences related to sexual exploitation of children. Extradition is not permitted for offences related to sexual exploitation of children.

Legal Definitions of ‘Child Sexual Abuse Material’ are Appropriate

The definition of child sexual abuse material is in line with international standards.

Yes The national legislation includes a definition of child sexual abuse materials which meets all the criteria listed above.

Partially The national legislation defines child sexual abuse materials in line with Article 2 (c) of the OPSC but the three additional criteria listed above are not met. The principle of double criminality does not apply to either or both extraterritoriality and extradition provisions.

No The national legislation is not in line with Article 2 (c) of the OPSC. For example, no definition is provided and/or legislation only refers to generic material of “obscene nature/immoral”.

Strict Implementation of Criminal Background Checks

Criminal background checks are strict requirements for national and non-nationals working in direct contact with children.

Yes The national legislation includes provisions which mandate that the criminal background is checked for every national or non-national applying for work with or for children or who is currently working with or for children, including staff, consultants and volunteers. The national legislation may also prohibit convicted sex offenders to hold positions in both public and private settings involving or facilitating direct contact with children.

Partially The national subsidiary legislation includes non-mandatory provisions for the criminal background checks, or they are limited in scope for example only for nationals or non-nationals; or only for staff (not including consultants of volunteers) or only in public or private settings. The national legislation may also prohibit convicted sex offenders to hold positions in both public and private settings involving or facilitating direct contact with children.

No The national – primary or subsidiary – legislation/policies do not include provisions which mandate nor include non-mandatory provisions for criminal background checks. Convicted sex offenders are not prohibited to hold positions involving or facilitating direct contract with children.

International and Regional Commitments Related to Sexual Exploitation of Children

National commitments made to regional and international conventions relevant to addressing sexual exploitation of children.

Yes The country has ratified all legal instruments listed above (including the two Council of Europe’s conventions and the African Union’s conventions for Member States of the African Union).

Partially The country has ratified the CRC, the OPSC, the Trafficking Protocol and the ILO Convention No. 182.

No The country has not ratified one or more instruments among the CRC, the OPSC, the Trafficking Protocol and the ILO Convention.

Operational Child Advocacy Centres

At least one Child Advocacy Centre has been established and is functioning in the country.

Yes At least one Child Advocacy Centre exists and functions in the country.

Partially The establishment of a Child Advocacy Centre is underway; OR
Existing Child Advocacy Centres are not currently functioning.

No There is no Child Advocacy Centre in the country.

National Police Units that Include Sexual Exploitation of Children in Their Mandate Exist and Function Effectively

Existence of dedicated national police units that include sexual exploitation of children crimes in their mandate within both national and extraterritorial jurisdictions.

Yes National police units that include sexual exploitation of children in their mandate exist and function effectively. Dedicated allocation of budget is made. Both offences under national and extra-territorial jurisdictions are able to be addressed by these units.

Partially National law enforcement units that include sexual exploitation of children in their mandate exist but may not be fully functional. In addition:
- Either national or extra-territorial jurisdiction is covered by these units, but not both; OR
- It is unclear whether these units address both offences under national and extra-territorial jurisdictions.

No The country does not have national law enforcement units that specifically include sexual exploitation of children in their mandate.

Binding Requirements for Travel and Tourism Businesses Encompassing Child Protection from Sexual Exploitation

Existence of child protection standards for the travel and tourism industry.

Yes The national primary legislation includes binding requirements for travel and tourism businesses encompassing child protection from sexual exploitation. These can include industry-specific standards based on compliance with national codes for child protection or sustainability standards and certification mechanisms that include child protection, as a legal requirement for private travel and tourism businesses to operate in the country.

Partially The national subsidiary legislation/policies include industry specific non-binding requirements for travel and tourism businesses encompassing child protection from sexual exploitation. These can include industry specific standards based on voluntary compliance with national codes for child protection or sustainability standards and certification mechanisms that include child protection, including as members of The Code of Conduct for child protection in the context of travel and tourism (the Code).

No The country does not have national legislation nor subsidiary legislation/policies nor codes regulating child protection from sexual exploitation by travel and tourism businesses.

National Data Encompassing Information Regarding Child Sexual Exploitation Cases Made Available to the Public.

National data sets made public by government about sexual exploitation of children include information about reported cases, prosecuted cases and compensation sought by victims.

Yes National level data about reported, prosecuted cases of SEC, and compensation sought by victims is regularly made publicly available This data is disaggregated into categories for age, gender, nationality, types of abuse/exploitation and victim/offender.

Partially National level data about reported, prosecuted cases of SEC, and compensation sought by victims is publicly available, but no clear commitment to do so regularly, and not clearly disaggregated into categories for age, gender, nationality, types of abuse/exploitation and victim/offender.

No National level data about reported, prosecuted cases of SEC, and compensation sought by victims is not publicly available.