Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Abolition of Forced Labour Convention, 1957 (No. 105) - United Republic of Tanzania (Ratification: 1962)

Tanganyika

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. The Committee noted the Government's indication in its report for the period ending 15 October 1988 that the Government departments administering the legislation referred to in the previous direct request have been consulted with a view to obtaining the required information. Since a similar indication had already been given by the Government in its previous report, the Committee, referring again to its observation on the Convention, hopes that the Government will supply, at an early date, the following information:

(a)information on the practical application of section 89(c) of the Penal Code and of sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance (such as the number of convictions for offences and the particulars of any court decisions which may define or illustrate its effect and scope);

(b)details of any regulations issued under section 4(2) of the Preventive Detention Act, 1962, as amended, and information on the provisions governing the employment of persons detained under the Preventive Detention Act;

(c)copies of any provisions adopted pursuant to paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, prohibiting, regulating or controlling meetings and other assemblies (i.e. copies of any by-laws on these matters).

Zanzibar

2. Emergency regulations. The Committee had previously noted that a state of emergency was declared in the territory in 1961 under the Emergency Powers Order-in-Council, 1939-61. The Committee noted the Government's indications in its report for the period ending 15 October 1988 that the state of emergency declared by Legal Notice (L.N. 35) No. 35 of 1961 was terminated by Legal Notice (L.N. 76) No. 76 of the same year. The Committee requests the Government to supply with its next report a copy of L.N. 76 of 1961 and also to indicate whether any subsequent state of emergency is still in force.

3. Article 1(a), (c) and (d) of the Convention. Referring to point 3 of its observation, the Committee looks forward to learning of the adoption of legislation exempting prisoners covered by the Convention from compulsory labour. Pending adoption of such legislation, the Government is requested to supply information on the practical application of the following provisions which provide for penalties of imprisonment (involving, by virtue of section 50 of the Offenders' Education Act of 1980, an obligation to perform labour), including copies of any court decisions defining or illustrating their scope:

(a)sections 37 and 38 of the Penal Decree (concerning prohibited publications) and section 41 of the Penal Decree (concerning seditious offences), including the number of convictions under these sections, the circumstances in which such offences were committed, and the penalties imposed;

(b)section 4(b) of the Deportation Decree (Cap. 41), concerning restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals, including the number of persons against whom such orders have been made, the grounds for making the orders, and the nature of any penalties imposed for breach of such orders;

(c)sections 55 to 57 of the Penal Decree concerning unlawful societies, including the number of orders issued declaring a society dangerous to good government, the number of convictions for offences under sections 56 and 57, the nature of the offences and the penalties imposed;

(d)sections 3 and 4 of the Peace Preservation Decree (Cap. 35), including particulars of any proclamation declaring areas to be "proclaimed districts", any rules restricting or prohibiting gatherings or meetings in such districts, the number and nature of offences under such rules, and the penalties imposed;

(e)sections 110 and 110A of the Penal Decree, concerning neglect of duty by persons employed in the public service and employees of a "specified authority" who cause pecuniary loss to their employer or damage to their employer's property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge their duties in a reasonable manner;

(f)section 3 of the Zanzibar Government Shipping Decree (Cap. 141), concerning certain disciplinary offences by seamen.

4. The Committee again requests the Government to indicate any services which have been added to the list of "essential services" set out in the Schedule to the Trade Disputes (Arbitration and Settlement) Decree (Cap. 171), by order made under section 29 of this Decree.