[NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER]

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE]

______) In the Matter of: ) ) File No.: A ______) ) In removal proceedings ) ______)

INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBTQ INDIVIDUALS IN

TAB SUMMARY GOVERNMENTAL SOURCES 1. Tanzania, Penal Code: Chapter 16 of the Laws (1981), available at: https://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/TZA_penal_ code.pdf

• “154.-(1) Any person who– has carnal knowledge of any person against the order of nature; or has carnal knowledge of an animal; or permits a male person to have carnal knowledge of him or her against the order of nature, commits an offence, and is liable to imprisonment for life and in any case to imprisonment for a term of not less than thirty years.” • “155. Any person who attempts to commit any of the offences specified under section 154 commits an offence and shall on conviction be sentenced to imprisonment for a term of not less than twenty years.”

TAB SUMMARY • “157. Any male person who, whether in public or private, commits any act of gross indecency with another male person or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person, with himself or with another male person, whether in public or private, commits an offence and is liable to imprisonment for five years.”

2. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Tanzania Country Reports on Human Rights Practices 2019 (Mar. 11, 2020), available at: https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/tanzania/

• “Consensual same-sex sexual conduct is illegal in the country. The law on both the mainland and Zanzibar punishes “gross indecency” by up to five years in prison or a fine. The law punishes any person convicted of having “carnal knowledge of another against the order of nature or permits a man to have carnal knowledge of him against the order of nature” with a prison sentence of 30 years to life on the mainland and imprisonment up to 14 years in Zanzibar. In Zanzibar the law also provides for imprisonment up to five years or a fine for ‘acts of lesbianism.’” (p. 35) • “The law does not prohibit discrimination based on sexual orientation and gender identity . . . LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.” (p. 35) • “During the year the government opposed improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society.” (p. 35) • “Senior government officials made several anti-LGBTI statements. On September 20, the deputy minister of home affairs instructed police in Zanzibar to arrest members of the LGBTI communities, accusing them of being unethical, unaccepted, and against the law, and of bringing a bad image to the island and being linked to drug use.” (p. 35) • “Police often harassed persons believed to be LGBTI based on their dress or manners . . . During the year there was one report that police arrested two suspects for alleged homosexual activity and subjected them to forced anal examinations. There were also reports of arrests and detentions to harass known LGBTI activists.” (p. 35) • “In January, after being arrested for allegedly engaging in same-sex activity, 17 individuals were reportedly subjected to anal exams in Kigongoni Public Hospital, Arusha, by medical personnel in the presence of armed police. The victims had no lawyer or representative present, and the ‘results’ were never shared.” (p. 35) • “In 2017 authorities filed a case against two women in Mwanza who were recorded on a video posted on social media exchanging rings in an engagement TAB SUMMARY ceremony. The case was withdrawn without being heard in 2018 and then reopened as a new case in June.” (p. 36)

3. Bureau of Democracy, Human Rights, and Labor, U.S. Dep’t of State, Tanzania Country Reports on Human Rights Practices 2018 (Mar. 13, 2019), available at: https://www.state.gov/reports/2018-country-reports-on-human-rights-practices/tanzania/

• “Consensual same-sex sexual conduct is illegal in the country . . . The law does not prohibit discrimination based on sexual orientation and gender identity.” (p. 29) • “In November Amnesty International reported that police arrested 10 men in Zanzibar on suspicion of being gay after receiving a tip-off. They were detained for several days before being released.” (p. 29) • “In October 2017 police arrested 12 individuals, including two South African lawyers and a Ugandan, allegedly for preparing a case challenging the government’s decision to ban drop-in centers serving key populations. The manager of the hotel hosting the event was also arrested.” (p. 29-30) • “There were several reports of tourists being denied entry into Zanzibar if authorities suspected they were LGBTI.” (p. 30) • “During the year government officials publicly stated opposition to improved safeguards for the rights of LGBTI persons, which it characterized as contrary to the law of the land and the cultural norms of society. Senior government officials made several anti-LGBTI statements. In October the regional commissioner of created a government taskforce to round up persons who engage in acts that go against the country’s laws and morals, including same-sex sexual conduct. After widespread international condemnation, the Ministry of Foreign Affairs claimed the commissioner’s comments and taskforce were not reflective of government policy. This crackdown caused widespread fear among the LGBTI community and forced some to move out of the country.” (p. 30) • “In March the deputy minister of health, community development, gender, seniors, and children tweeted, ‘the war against promotion and normalization of homosexuality in Tanzania is real.’”(p. 30) • “LGBTI persons were often afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest. LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.” (p. 30)

4. Bureau of Democracy, Human Rights, and Labor, U.S. Dep’t of State, Tanzania Country Reports on Human Rights Practices 2017 (Apr. 20, 2018), available at: https://www.state.gov/reports/2017-country-reports-on-human-rights-practices/tanzania/

• “In the past courts charged individuals suspected of same-sex sexual conduct with loitering or prostitution.” (p.26) TAB SUMMARY • “Consensual same-sex sexual conduct is illegal in the country . . . The law does not prohibit discrimination based on sexual orientation and gender identity.” (p. 26-27) • “In March police in Dar es Salaam arrested a 19-year-old man suspected of being gay based upon a video he had posted on Instagram. The man was interrogated about his sexual history and taken to a government hospital where he was forcibly subjected to an anal exam seeking proof of homosexual conduct.” (p. 27) • “LGBTI persons were often afraid to report violence and other crimes, including those committed by state agents, due to fear of arrest.” (p. 27) • “LGBTI persons faced societal discrimination that restricted their access to health care, including access to information about HIV, housing, and employment. There were no known government efforts to combat such discrimination.” (p. 27)

INTER-GOVERNMENTAL SOURCES 5. United Nations Human Rights Office of the High Commissioner, Bachelet: Tanzania Has Duty to Protect – Not Further Endanger – LGBT People (Nov. 2, 2018), available at: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23817&Lan gID=E

• “UN High Commissioner for Human Rights Michelle Bachelet on Friday expressed alarm at the statement by the Regional Commissioner of Dar es Salaam that a committee will be put in place to track and arrest gay people, and to encourage people to report those they suspect of being gay.” • “Lesbian, gay, bisexual and transgender people in Tanzania have already been subjected to growing violence, harassment and discrimination over the past two years, High Commissioner Bachelet said. And those defending their rights to health, to a life free from discrimination, violence and arbitrary arrest have themselves been increasingly targeted, even arrested.” • “The plan announced by the Government also includes attempts to so-called ‘cure’ gay people – a practice condemned as harmful, unethical and without scientific basis by the Committee against Torture and the World Health Organization. Bachelet warned that this could further stigmatize LGBT individuals.” • “The High Commissioner also called for a review of laws criminalising consensual same-sex relations.”

NON-GOVERNMENTAL SOURCES 6. Human Rights Watch, Tanzania: Events of 2019 (May 29, 2020), available at: https://www.hrw.org/world-report/2020/country-chapters/tanzania-and-zanzibar#e81181

TAB SUMMARY • “Tanzania’s Sexual Offenses Special Provisions Act of 1998 makes consensual adult same-sex conduct punishable by up to life imprisonment.” • “The government has shut down drop-in centers serving lesbian, gay, bisexual, and transgender (LGBT) people and other key populations and has banned distribution of water-based lubricant, an HIV prevention tool.” • “In April, the government banned CHESA, a health and rights organization serving LGBT communities, along with Kazi Busara na Hekima (KBH Sisters), and AHA Development Organisation in Tanzania, based on claims that they violated Tanzanian law, ethics, and culture.” • “In September, the deputy home affairs minister called on police to arrest people who ‘promote homosexuality.’” • “The government has not yet followed through on a pledge to international donors to formally ban forced anal examinations, a discredited method of “testing” for signs of same-sex intercourse.”

7. Amnesty International, Tanzania 2019 (Mar. 13, 2020), available at: https://www.amnesty.org/en/countries/africa/tanzania/report-tanzania/

• “Authorities subjected men perceived to be gay to forced anal examinations to obtain evidence of same-sex sexual relations and prosecute them in criminal cases.” • “In April, the Registrar of NGOs announced that the government had cancelled the registration of six health organizations which worked on the rights of LGBTI people. Including the Community Health Services and Advocacy, which along with two other organizations, was accused of ‘promoting unethical acts.’” • “LGBTI people faced violence and harassment from the police and were discriminated against in government health centers. Consequently, many avoided clinics, preferring to stay underground which further undermined their right to health.”

8. Human Rights Watch, “If We Don’t Get Services, We Will Die”: Tanzania’s Anti- LGBT Crackdown and the Right to Health (Feb. 3, 2020), available at: https://www.hrw.org/report/2020/02/03/if-we-dont-get-services-we-will-die/tanzanias- anti-lgbt-crackdown-and-right

• “In April 2019, with disregard to both freedom of association and the right to health, and in clear demonstration of Tanzania’s institutionalized homophobia, the government formally deregistered Community Health Education and Advocacy Services (CHESA), one of Tanzania’s most established organizations working to advance health and rights for LGBT people. The government reportedly accused CHESA of ‘promoting unethical acts.’” • “In September 2019, the deputy home affairs minister called for arrests of LGBT people…” TAB SUMMARY • “Human Rights Watch research has found…that discrimination on the basis of sexual orientation and gender identity in government health centers is common.” • “Police continue to conduct arbitrary arrests based on sexual orientation or gender identity. In some cases, police enlist health care providers to carry out forced anal examinations in attempts to find proof of homosexual conduct. This practice is a medical travesty and a grave violation of human rights that can amount to torture. Arrests and mistreatment of LGBT people not only violate rights to privacy, non- discrimination, and the right to be free from torture, they also drive vulnerable communities underground and away from health services, further undermining the right to health.”

9. Human Rights Watch, Tanzania: Events of 2018 (Jan. 15, 2019), available at: https://www.hrw.org/world-report/2019/country-chapters/tanzania-and-zanzibar

• “Tanzanian law makes consensual adult same-sex conduct punishable with up to life in prison. The crackdown on lesbian, gay, bisexual and transgender (LGBT) people initiated by Magufuli’s government in July 2016 continues unabated.” • “On October 31, Dar es Salaam Regional Commissioner, Paul Makonda, announced plans to round up suspected gays and subject them to forced anal examinations and conversion therapy.” • “Despite a downward trend in recent years, the murder rate remains among the highest in the world. Journalists, environmental activists, and lesbian, gay, bisexual, and transgender (LGBT) individuals are among those most vulnerable to violence.”

10. International Lesbian, Gay, Bisexual, Trans and Intersex Association: Lucas Ramon Mendos, State-Sponsored Homophobia 2019 (Mar. 2019), available at: https://ilga.org/state-sponsored-homophobia-report

• “In February, Deputy Health Minister ordered three men accused of ‘advocating for sodomy’ through social networks to report to police. The following week, the government banned 40 private health centres providing HIV-related services because, according to Health Minister , they were ‘promoting homosexuality’” (p. 374) • “Acting on Kigwangalla’s orders, police in Dar es Salaam arrested a 19-year-old man suspected of ‘homosexuality’ based on his Instagram posts and subjected him to an anal exam.” (p. 374) • “On September 15, Zanzibar police arrested 20 people for alleged ‘homosexuality’ at a workshop aimed at addressing stigma and discrimination in the family with regard to HIV/AIDS.” (p. 375) TAB SUMMARY • “On October 17, Dar es Salaam police raided a workshop aimed at discussing the possibility of legally challenging HIV policies in Tanzania and detained 13 human rights lawyers and activists for ‘promoting homosexuality.’” (p. 375) • “On , Regional Commissioner for Dar es Salaam Paul Makonda announced plans to form a task force to identify and arrest LGBTI people and asked members of the public to collaborate by reporting suspected gay people.” (p. 375)

11. Amnesty International, Amnesty International Report 2017/18: The State of the World’s Human Rights (2018), available at: https://www.amnesty.org/en/documents/pol10/6700/2018/en/

• “The government continued its crackdown against LGBTI people, closing down health centres and threatening to deregister organizations that provided services and support to them. On 17 February, the Health Minister closed down 40 private health centres, accusing them of promoting same sex relations which is punishable by up to 30 years’ imprisonment.” (p. 357) • “On 25 June, the Home Affairs Minister threatened to deport any foreign national, or prosecute anyone, working to protect LGBTI rights.” (p. 357) • “In Zanzibar 12 women and eight men – were detained on 18 September while receiving HIV/AIDS training at a hotel. The government accused them of promoting LGBTI rights” (p. 357) • “On 17 October the authorities arrested 13 health and human rights activists, including two South Africans and one Ugandan, during a consultative meeting to discuss the Tanzanian government’s decision to limit provision of certain health services for LGBTI people.” (p. 357)

12. Human Rights Watch, Tanzania: Events of 2017 (Jan. 16, 2018), available at: https://www.hrw.org/world-report/2018/country-chapters/tanzania-and-zanzibar

• “In July, President Magufuli stated that “even cows disapprove of” homosexuality.” • “In September, Zanzibar police arrested 20 people at a workshop for parents of key populations and accused them of homosexuality.” • “In December 2016, Dar es Salaam police raided a workshop on HIV prevention among key populations, and briefly detained eight participants. In Zanzibar, police detained nine men for several days on suspicion of homosexual conduct, and subjected them to forced anal examinations, a form of torture.” • “In March, police arrested a man, 19, suspected of homosexuality based on his Instagram posts and subjected him to an anal exam.” • “In mid-2016, the government initiated an unprecedented crackdown on the rights of LGBT people and their advocates. Senior government officials TAB SUMMARY threatened to arrest gays and their social media followers and to deregister organizations “promoting” homosexuality. They banned the distribution of water- based lubricant, raiding and closing drop-in centers and private clinics that provide services targeting key populations, including men who have sex with men (MSM), sex workers, and people who use drugs.” • In December 2016, Dar es Salaam police raided a workshop on HIV prevention among key populations, and briefly detained eight participants. In Zanzibar, police detained nine men for several days on suspicion of homosexual conduct, and subjected them to forced anal examinations, a form of torture.”

13. ILGA, State-Sponsored Homophobia (May 2017), available at: http://ilga.org/downloads/2017/ILGA_State_Sponsored_Homophobia_2017_WEB.pdf

• “The Penal Decree (Amendment) Act, 2004 of Zanzibar. Section 145: ‘Any woman who commits an act of lesbianism with another woman whether taking an active or passive role shall be guilty of an offence and liable on conviction to a term not exceeding five years or to a fine not exceeding 500,000 shillings.’” (p. 102) • “Tanzania ‘noted’ three recommendations to decriminalize and provide equal opportunity legislation across its civil code in its 1st cycle UPR in 2011…the delegation for Tanzania mentioned, “Tanzania had no law on same-sex marriage, as the practice of homosexuality went against its traditional, cultural and religious rights. Homosexuality was illegal and punishable by law.” (p. 102) • “The Concluding Observations of the Committee for the Rights of the Child in March 2015 . . . recommended, inter alia, that Tanzania ‘(d) Ensure access to proper HIV services and community health services for all children, regardless of their sexual orientation, throughout the territory of the State party; and (e) Engage in public-education campaigns to combat discriminatory attitudes towards children on the grounds of their sexual orientation.’” (p. 102) • The Human Dignity Trust records a number of arrests made in recent years . . . Reports in late-2016 and early-2017 suggest an increased State-representative hostility . . . LGBT people have had to conceal their identities under the pressure of the law, thereby few voices have been able to advocate. But the marked escalation of political attention regarding SOGI, and a severe and dangerous crackdown on activities are currently intensifying in Tanzania.” (p. 102)

14. OutRight Action International, Defending the Independent Expert On Protection Against Violence and Discrimination based on Sexual Orientation and Gender Identity at the 71st Session of the UNGA (October 2017), available at: https://www.outrightinternational.org/sites/default/files/OutRightGAA4_V5_LR.pdf

• “United Republic of Tanzania: ‘Thank you, Madam Chair. Like other delegates, Tanzania wishes to…disassociate ourselves with the Human Rights Council Resolution 32/2 on protection against violence and discrimination based on TAB SUMMARY sexual orientation and gender identity. Tanzania will not cooperate with this mandate holder.’” (p. 42)

15. Tanzania Key Populations and Sexual Minorities Working Group, United Republic of Tanzania, Joint Stakeholder Submission to the United Nations, Universal Periodic Review, For 25th session (Apr.–May 2016), available at: https://www.upr- info.org/sites/default/files/document/tanzania_united_republic_of/session_25_- _may_2016/js8_upr25_tza_e_main.pdf • “Additional sources known to the working group indicate that members of Key Populations and sexual minorities are sometimes arrested on false charges or are victims of arbitrary arrest. For example, in one case two gay men were arrested and held in police custody because one was ‘walking like a woman’; they were not released until the next day, after they had paid a bribe.” (p. 8) • “Likewise, a gay man in Tandika was arrested, beaten and detained for two days for trying to organize a seminar on health issues for MSM.” (p. 8) • “The working group disclosed evidence of several more cases of police mistreatment of Key Populations and sexual minorities, including cases of physical abuse, inhuman treatment, and extortion of money or sex. For example one transwoman from Tanga explained the way she was stripped naked in a police station.” (p. 8)

MEDIA SOURCES 16. Human Rights Watch, Tanzania: Freedoms threatened ahead of elections (Sept. 6, 2020), available at: https://www.hrw.org/news/2020/09/02/tanzania-freedoms- threatened-ahead-elections

• “Tanzania authorities have stepped up repression of opposition parties, nongovernmental organizations, and the media ahead of the country’s general elections on October 28, 2020.” • “The authorities have . . . stepped up their restrictions on organizations working to promote the rights and health of lesbian, gay, bisexual, and transgender (LGBT) people ahead of the elections. Human Rights Watch has documented the government’s repression of LGBT people and activism, including arbitrary arrests and the use of forced anal exams, a discredited method of seeking evidence of homosexual conduct that is cruel and degrading and can amount to a form of torture, in the context of a wider political repression over the past five years.”

17. Cassell, H., Bay Area Reporter, Being gay in Tanzania still perilous (Apr. 22, 2020), available at: https://www.ebar.com/news/news//291176

TAB SUMMARY • “[T]he executive director of LGBT Voice, an organization in Tanzania, told Daily Xtra that he knows of more than 30 people on the mainland and 20 people in Zanzibar . . . who have been arrested within the past year and a half.” • “The arrests happened after the East African country reportedly acquiesced to international pressure from the World Bank, and others, following a previous crackdown on the country's queer community by Paul Makonda, the regional commissioner of Tanzania's capital Dar Es Salaam, in November 2018. [ . . . ] Makonda has been one of the most ardent foot soldiers for Tanzania's anti-gay campaign.” • “Anti-gay sentiment has been on the rise since President came to power in 2015 on the strength of his “morality campaign.” The government has targeted LGBT groups; banned lubricants; suspended HIV/AIDS services, accusing them of promoting homosexuality; and threatened to deport and prosecute LGBT rights activists.” • “LGBT Tanzanians have been susceptible to routine abuse, blackmail, and assault or rape by vigilante mobs and police, the paper reported. Many are forced into sex work for survival, connecting with clients online and through social media because they can't get jobs.”

18. Ethan, K., Thomson Reuters Foundation News, You can't be a lesbian in Tanzania (May 16, 2019), available at: https://news.trust.org/item/20190516120720-dofmh/

• “The hostility towards LGBT+ people runs deep in Tanzania. Being part of the gay and trans community here means experiencing frequent arrests, physical violence, sexual assaults, stigma, discrimination and injustice.” • “Last October, Paul Makonda, the governor of Tanzania's biggest city Dar es Salaam, announced he intended to literally hunt down gay people. A few weeks later, 10 men were arrested on the island of Zanzibar after police were tipped off about a possible same-sex marriage ceremony.” • “There were also reports that lists of names were being published on social media to “out” people. Those who were suspected of being LGBT+ were thrown out of their houses by their landlords. Strangers would harass us and throw stones at us. And the police don't protect us.”

19. Amnesty International New Release, Tanzania: 10 men arrested in Zanzibar for being ‘gay’ (Nov. 6, 2018), available at: https://www.amnesty.org/en/latest/news/2018/11/tanzania-10-men-arrested-in-zanzibar- for-being-gay

• “Ten men have been arrested on suspicion of being gay on the Tanzanian island of Zanzibar after police received a “tip-off” from members of the public about a same-sex marriage taking place, Amnesty International has revealed.” • “The arrests come after a prominent Tanzanian politician last week called on the public to report the names of suspected gay men to the police.” TAB SUMMARY • “We now fear these men may be subjected to forced anal examination, the government’s method of choice for ‘proving’ same-sex sexual activity among men. This must not be allowed to happen - these men must be released immediately.” • “On 29 October, Dar es Salaam’s Regional Commissioner Paul Makonda announced plans to form a government taskforce to hunt down people believed to be lesbian, gay, bisexual, transgender or intersex (LGBTI), due to begin its ‘work’ on 5 November.”

20. Burke, J., The Guardian, Hundreds in hiding as Tanzania launches anti-gay crackdown (Nov. 5, 2018), available at: https://www.theguardian.com/world/2018/nov/05/tanzania-gay-people-in-hiding-lgbt- activists-crackdown

• “Hundreds of LGBT activists in Tanzania have gone into hiding after a senior official announced a taskforce aiming to identify and punish gay people in Dar es Salaam.” • “Paul Makonda, the city’s administrative head, said he had put together a team of officials and police that would target gay people, who could face lengthy prison sentences, in an intensification of anti-LGBT discrimination.” • “In an interview posted on YouTube, Makonda called for Tanzanians to report gay people and told a news conference he had already received more than 5,700 messages from the public, including more than 100 names.”

21. Amnesty International News Release, Tanzania: ‘Dangerous’ plans for homophobic task force must be abandoned immediately (Nov. 1, 2018), available at: https://www.amnesty.org/en/latest/news/2018/11/tanzania-dangerous-plans-for- homophobic-task-force-must-be-abandoned-immediately

• “It is extremely regrettable that Tanzania has chosen to take such a dangerous path in its handling of an already marginalized group of people. The idea of this taskforce must be immediately abandoned as it only serves to incite hatred among members of the public. LGBTI people in Tanzania already face discrimination, threats and attacks without hateful statements of this kind.” • “Tanzania has a poor record of respecting and protecting the rights of LGBTI people. The government has in the past raided organizations working on health issues for men who have sex with men, threatening to close them down. In October 2017, 13 health and human rights activists, including two South Africans and one Ugandan, were arrested and detained by Tanzanian authorities for ‘promoting homosexuality’ in Tanzania.” • “In October 2016, a Ministry of Health directive suspended provision of HIV/AIDS services and ordered the closure of some clinics for providing services to LGBTI people. In that clamp-down, the authorities arrested and prosecuted TAB SUMMARY people for same-sex relations, subjecting them to forced anal examinations, a form of cruel, inhuman, and degrading treatment that can amount to torture.”

22. Huffington Post, Woman arrested in Tanzania after video of same-sex kiss surfaces— Homosexuality is a criminal offense in the African nation (Dec. 4, 2017), available at: https://www.huffingtonpost.com/entry/tanzania-lesbian-kiss- video_us_5a2570dfe4b03350e0b85171

• “Police in Tanzania have arrested a woman after a video clip showing her kissing and embracing another woman at a party was widely shared online, a senior official said. Homosexuality is a criminal offense in the East African nation, where a conviction for having ‘carnal knowledge of any person against the order of nature’ can carry a life sentence. The woman, who police said resides in the northwestern Tanzania town of Geita, was arrested after a video circulated on social media showing a woman kissing and hugging another woman and presenting her with a ring.” • “‘I can confirm that a Tanzanian woman is under police custody over that video clip. We will issue more details later after we conclude our investigation,’ Geita police chief Mponjoli Mwamulambo told Reuters by telephone on Saturday.” • “Tanzanian president John Magufuli’s government has stepped up a crackdown against homosexuality since coming into power in 2015 and threatened in June to arrest and expel activists, as well as deregister all non-governmental organizations that campaign for gay rights. In October, authorities in the main city Dar es Salaam raided a meeting at a hotel, saying the gathering was promoting same-sex relationships, and arrested at least 12 men.” • “‘Both of them should be arrested. Why did the woman accept an engagement ring from another woman?’ Cosmas Alele, a resident of the northwestern town of Kagera said on , writing in Kiswakili. Since homosexuality is a criminal offence in Tanzania, rights groups are reluctant to speak publicly in defense of gay rights.”

23. Isaack, W., Human Rights Watch News, Facing prosecution for challenging HIV policies in Tanzania—Lawyers arrested under pretext of ‘promoting homosexuality’ (Oct. 20, 2017), available at: https://www.pressreleasepoint.com/facing-prosecution- challenging-hiv-policies-tanzania

• “When . . . a South African feminist lawyer, got on a plane to travel to Tanzania to convene a meeting of human rights lawyers and activists, she knew she might come under the scrutiny of Tanzanian authorities . . . what she did not expect was for Tanzanian police to raid the October 17 workshop at the Peacock Hotel and arrest her and 12 of her colleagues for “promoting homosexuality.” TAB SUMMARY • “The recent arrests follow a disturbing pattern, in which several dozen people have been arrested since December 2016 for ‘homosexuality’ or ‘promoting homosexuality’. In most of these cases police have not presented any evidence whatsoever suggesting that those detained have engaged in same-sex conduct.”

24. Human Rights Watch News, Tanzania: Stop threatening rights groups (July 6, 2017), available at: https://www.hrw.org/news/2017/07/06/tanzania-stop-threatening-rights- groups • “On June 25, Home Affairs Minister threatened to . . . prosecute or deport anyone working to protect rights of LGBT people.” • “Tanzania’s restrictions on the rights of LGBT people also have serious consequences…In an unprecedented crackdown, Tanzanian authorities are arresting and prosecuting people on homosexuality-related charges and subjecting them to forced anal examinations, a form of cruel, inhuman, and degrading treatment that can amount to torture.” • “The government’s statements contravene Tanzania’s international and regional human rights obligations. These include . . . [t]he right to campaign for equal rights for all, regardless of sexual orientation and gender identity . . . The African Commission on Human and Peoples’ Rights has urged governments to undertake measures to end violence and discrimination of the grounds of sexual orientation and gender identity, and expressed concern about violation of the right to freedom of peaceful assembly based on sexual orientation.”

25. Teeman, T., The Daily Beast, Mr. President, cows are not homophobic: Inside Tanzania’s LGBT crackdown (June 28, 2017) available at: https://www.thedailybeast.com/mr-president-cows-are-not-homophobic-inside-tanzanias- lgbt-crackdown • “The Tanzanian president claims cows ‘disapprove’ of gay sex, as the country’s government signals a campaign against LGBT people, organizations, and foreign supporters.” • “Cows “disapprove” of gay sex, insisted the Tanzanian President John Magufuli in a speech criticizing those who campaign for LGBT equality. ‘Those who teach such things do not like us, brothers. They brought us drugs and homosexual practices that even cows disapprove of,’ AFP reported Magufuli as saying last Thursday.” • “Days after Magufuli’s speech, Interior Minister Mwigulu Nchemba threatened to arrest Tanzanian LGBT campaigners, de-register LGBT organizations in the country, and deport foreign LGBT advocates. ‘Those who are interested in homosexuality should go and live in countries that entertain such businesses.’” TAB SUMMARY • “Anal examinations are now being used on those men suspected of being gay, which ‘is a very serious abuse of human rights,’ said Ghoshal. She added that a number of health centers treating those with HIV and AIDS had been closed down because the government had seen them as ‘promoting gay sex.’”

26. NBC News, Tanzania orders arrest of three men for promoting homosexuality (Feb. 8, 2017), available at: https://www.nbcnews.com/feature/nbc-out/tanzania-orders-arrest- three-men-promoting-homosexuality-n718491 • “A Tanzanian official has ordered the arrest of three men accused of promoting homosexuality in this East African country. Hamisi Kigwangalla, the deputy minister of health, said in a statement Tuesday he wanted the men prosecuted for advocating sodomy through social networks.” • “Gay sex is illegal in Tanzania and carries a lengthy jail term.” • “Last year Tanzania threatened to ban civic groups accused of supporting homosexual activities. It also suspended a community-based HIV/AIDS prevention program for men who have sex with men.”

27. Tremblay, S., The Guardian, ‘Seeds of hate’ sown as Tanzania starts LGBT crackdown (Aug. 8, 2016), available at: https://www.theguardian.com/world/2016/aug/08/seeds-of-hate-sown-as-tanzania-starts- lgbt-crackdown

• “Tanzania’s justice minister has announced controversial new plans to suspend the registration of any charity or non-governmental organisation that supports homosexuality.” • “[T]he plans are proof that ‘the environment for the LGBT community is very bad right now and it’s getting worse.’…the political mood shifted in early July, when Paul Makonda, the regional commissioner for Dar es Salaam, the country’s biggest city, told citizens during a religious rally that he had started a crackdown against gay people.” • “The speech was followed by several homophobic editorials in popular newspapers and this month a local television station was forced to apologise by the government for running an interview with a gay man.”

28. Honan, E., BuzzFeed News, How Tanzania is cracking down on gay people – and getting away with it (April 8, 2017), available at: https://www.buzzfeednews.com/article/edithhonan/how-tanzania-is-cracking-down-on- lgbt-people-and-getting TAB SUMMARY • “By the end of that night, gay men had been arrested all over the island. They spent the weekend in jail, at two different police stations.” • “On Monday, they were taken to Zanzibar’s Mnazi Mmoja public hospital — where a doctor told them to crouch on top of a narrow examination bed and raise their buttocks — and forced to go through anal exams. Khamis said the exam lasted for about three minutes, and it felt like he had ‘gone somewhere and gotten raped.’” • “Government ministers have threatened to release lists of LGBT people across Tanzania, and health workers say it’s begun interfering with HIV prevention and treatment.” • “In July, Tanzania launched a witch hunt against anything it branded as ‘promoting gayism.’ The government banned NGOs from importing and distributing lubricants because it believed they encourage gay sex and, by that logic, spread disease. (The lubricant ban is under review, and the government is expected to release new guidelines soon.) Clinics that serve ‘at risk’ groups, like men who have sex with men, were accused of encouraging gay sex. NGOs that worked with the LGBT population were threatened with closure and dozens of drop-in clinics were shut down.”

29. IBN TV, Clouds TV ordered to run apologies on gay interview (July 9, 2016), available at: http://www.ibn-tv.com/sw/2016/07/clouds-tv-ordered-to-run-apologies-on- gay-interview

• “The Content Committee of the Tanzania Communications Regulatory Authority (TCRA) has directed Clouds Television to apologise to viewers and Tanzanians in its bulletin for five consecutive days following airing of a programme that advocated gayism.” • “…the decision follows complaints raised by a section of the community following airing of a programme known as ‘Take One’ on June 28, this year between 21.00 to 22.00, in which the presenter, Ms Zamaradi Mketema was interviewing a gay person, which is against moral values.”

30. Kuchu Times, Tanzanian TV station in trouble for hosting gay man (July 6, 2016), available at: https://www.kuchutimes.com/2016/07/tanzanian-tv-station-in-trouble-for- hosting-gay-man • “MP Amina Mollel raised the controversy in Parliament and called for a debate on the issue, saying that the programme ‘had broken Tanzania’s morals and ethics by glorifying gayism.’” TAB SUMMARY • “In 2013, Clouds FM’s Power Breakfast Show was fined 5 million Tanzanian shillings by the TCRA for airing views ‘supporting same-sex marriage.’” • “Sex acts between men are illegal in Tanzania and carry a maximum penalty of life imprisonment.” • “In the 2007 Pew Global Attitudes Project survey, 95 percent of Tanzanians said that homosexuality should not be accepted by society.”

Dated: [DATE] Respectfully submitted, [CITY, STATE]

[FIRM] Pro Bono Counsel for Respondent______

By: ______[NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER]