Secretariat for Preventing and Combating Human Trafficking — TZ Legal Update

Zanzibar recently hosted a national conference on combating human trafficking, a pivotal event in preparation for the annual International Day Against Trafficking in Persons. Organized by the Secretariat for Preventing and Combating Human Trafficking in collaboration with various stakeholders, the conference aimed to foster in-depth discussions on the current state of human trafficking in Tanzania, facilitate experience sharing, and develop unified strategies to prevent and address this pervasive crime. This initiative underscores Tanzania's ongoing commitment, guided by the Anti-Trafficking in Persons Act, 2008, and international protocols, to strengthen its legal and institutional frameworks against human trafficking, particularly in the semi-autonomous region of Zanzibar where implementation challenges persist.

The semi-autonomous region of Zanzibar recently served as the venue for a crucial National Conference on Combating Human Trafficking, a significant preparatory step towards the global observance of the International Day Against Trafficking in Persons on July 30. This high-level gathering, orchestrated by the Secretariat for Preventing and Combating Human Trafficking alongside a diverse array of stakeholders, convened legal professionals, government officials, and civil society representatives to critically assess the domestic landscape of human trafficking.

The conference's primary objective was to facilitate a comprehensive dialogue on the prevailing challenges and dynamics of human trafficking within Tanzania, fostering a collaborative environment for sharing insights and forging cohesive strategies. This proactive engagement highlights Tanzania's sustained efforts to align its national response with international best practices and its obligations under global instruments. For legal practitioners, understanding the outcomes and implications of such conferences is vital, as they often signal shifts in enforcement priorities, legislative interpretations, and the broader policy direction concerning anti-trafficking initiatives.

Tanzania's legal framework for combating human trafficking is primarily anchored in the Anti-Trafficking in Persons Act, 2008 (ATPA). This Act criminalizes both sex trafficking and labor trafficking, prescribing stringent penalties, including lengthy imprisonment terms and substantial fines, which are commensurate with those for other grave crimes. The ATPA also makes provisions for investigations, judicial proceedings, the establishment of an anti-trafficking fund, and assistance to victims. Complementing this national legislation, Tanzania ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), in May 2006, thereby integrating international standards into its domestic legal obligations.

While the ATPA applies to the entire United Republic of Tanzania, its implementation in Zanzibar, a semi-autonomous region with its own legal code, has presented unique challenges. The ATPA officially became applicable in Zanzibar in September 2022. Prior to this, and still in some instances, Zanzibar relied on provisions within its Penal Act Decree of 2004, particularly Sections 155, 256, and 263-265, which criminalize child sexual exploitation, slavery, and forced labor, to prosecute certain forms of trafficking. The Ministry of Community Development, Gender, Elders and Children (MoCDGEC), in collaboration with the Anti-Trafficking Secretariat (ATS), leads anti-trafficking efforts in Zanzibar. The government has also developed National Anti-Trafficking in Persons Action Plans, with the 2021-2024 plan being the most recent, to guide its comprehensive response.

Despite the robust legal framework provided by the ATPA and the ratification of the Palermo Protocol, the effectiveness of anti-trafficking efforts in Tanzania, particularly in Zanzibar, has faced scrutiny. The 2025 Trafficking in Persons Report noted that while the ATPA became applicable in Zanzibar in September 2022, its full implementation was hampered by a lack of awareness among officials. This highlights a critical gap between legislative enactment and practical enforcement, necessitating targeted training for frontline officials, prosecutors, and judges on the specifics of the law.

Challenges also persist in victim identification and protection. Reports indicate inconsistent screening procedures and limited protection services, leading to instances where potential trafficking victims are reportedly deported, detained, or arrested for related offenses without proper screening for trafficking indicators. While the Whistle Blowers and Witness Protection Act of 2015 and the ATPA allow victims to decline participation in criminal justice proceedings, the lack of a formal national referral mechanism to systematize victim access to services remains a significant concern. Furthermore, the government has continued to rely heavily on civil society organizations for victim services, often without providing adequate financial or in-kind support.

However, there have been notable improvements. The government has demonstrated increasing efforts, including a rise in law enforcement actions, with more suspected traffickers prosecuted and convictions secured for the first time in three years, as reported in the 2025 TIP Report. The operationalization of the Anti-Trafficking Secretariat (ATS) office in Zanzibar, staffed by permanent employees, signifies a positive step towards localized enforcement and coordination. Increased federal budget allocations for anti-trafficking programs and the construction of new shelters dedicated to trafficking victims also reflect a growing commitment. The ongoing evaluation of the 2021-2024 National Action Plan and the development of its successor underscore a continuous effort to refine strategies and address identified shortcomings.

The recent national conference in Zanzibar serves as a critical forum for galvanizing collective action against human trafficking, particularly as Tanzania strives to enhance its Tier 2 ranking in international assessments. For legal practitioners, this signals an evolving landscape demanding heightened vigilance and specialized expertise. Attorneys must be acutely aware of the nuances of the Anti-Trafficking in Persons Act, 2008, its applicability in both mainland Tanzania and Zanzibar, and the interplay with international instruments like the Palermo Protocol.

Practitioners should anticipate increased enforcement efforts and a greater emphasis on inter-agency cooperation, necessitating a proactive approach to client counseling, due diligence, and victim advocacy. The ongoing development of a successor National Action Plan and the continued operationalization of the Anti-Trafficking Secretariat in Zanzibar are key areas to watch, as these will likely shape future policy and enforcement priorities. Legal professionals have a crucial role to play in advocating for comprehensive victim protection mechanisms, ensuring fair trials, and contributing to the broader societal effort to eradicate human trafficking in Tanzania.