Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Worst Forms of Child Labour Convention, 1999 (No. 182) - United Republic of Tanzania (Ratification: 2001)

The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project, and that two tripartite inter-ministerial workshops were conducted in September 2012 in Zanzibar and Dar es Salaam with a view to addressing implementation gaps regarding the child labour Conventions. Furthermore, two follow-up missions were conducted in May 2013 to assess the progress achieved and identify the way forward. The Committee notes with interest that, in the framework of the SPA, a time-bound action plan was developed by representatives from government ministries as well as from employers’ and workers’ organizations to address issues regarding the application of the child labour Conventions, including the adoption of a list of types of hazardous work.

Articles 3(d) and 4(1) of the Convention. Prohibition and determination of hazardous work. The Committee previously requested the Government to take the necessary measures to adopt the regulations determining the list of types of hazardous work prohibited to children under 18 years of age.

The Committee notes with satisfaction that the Law of the Child (Child Employment) Regulations were adopted in 2012, pursuant to Law of the Child Act No. 21 of 2009, which contains a list of hazardous activities in which a child under 18 years of age shall not be employed. The Committee observes that this list includes a wide range of hazardous types of work in the sectors of: agriculture (for example, applying pesticides, harvesting with dangerous tools or equipment, operating farm machinery, carrying wastes for disposal); fishing (for example, placing and hauling fishnets, sorting fish, deep-sea fishing); mining and quarrying (for example, shaft, drift or trench digging, drilling and blasting, crushing ore); construction (for example, cement mixing, painting, brick making, excavation operations); service (domestic service, restaurant and hotel service or community service); trade (carrying and selling merchandise in the streets and selling pornographic materials); transport (service stations, carrying luggage and loading goods into vehicles); and others (for example, carpentry and fixture working, manufacturing of detergents, carpet and mattress making, chemical formulation, tanning, pottery and ceramic manufactures).

Article 7(1). Penalties. The Committee previously noted that sections 78, 79, 80 and 83 of the Law of the Child Act establish penalties ranging from 100,000 Tanzanian shillings (TZS) to TZS500 million, in addition to imprisonment for the offences related to hazardous work, forced labour, prostitution and the sexual exploitation of children.

The Committee notes that, according to the May 2013 report on the follow-up mission conducted in the framework of the SPA (SPA mission report), special labour inspections were carried out in agriculture and mining in Arusha and Ruvuma, and the three inspections in Ruvuma detected 16 boys and 21 girls under 18 years of age who were found engaged in hazardous work. However, the Committee observes that, according to the report, while ensuring effective prosecutions for violations related to child labour is one of the aims of the action plan of the SPA and training was provided to labour prosecutors, there have not yet been any prosecutions on this matter and more effective mechanisms are necessary. In this regard, the Committee also notes the Government’s statement that no convictions have been made so far in connection with the abovementioned provisions of the Law of the Child Act. The Committee requests the Government to take immediate measures to ensure that thorough investigations and robust prosecutions are carried out against the perpetrators of the worst forms of child labour, including hazardous work. In this regard, it requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS. The Committee previously noted that, according to the Epidemiological Factsheet on HIV/AIDS (UNAIDS) of 2009, more than 1.3 million children aged below 17 years are HIV/AIDS orphans in the United Republic of Tanzania.

In this regard, the Committee notes the Government’s information that, in collaboration with stakeholders, it developed and implemented the National Plan of Action for the Most Vulnerable Children (2007–10) (NAP–MVC). The Government indicates that, with the implementation of this plan, more than 611,000 vulnerable children (317,798 boys and 293,352 girls) were identified, out of whom 561,823 received basic support from various donors and organizations such as UNICEF and the Global Fund. The care and support for the most vulnerable children was mainstreamed into the budgets of the central Government and councils. The national data management system, as well as monitoring and evaluation, was strengthened. Moreover, 25,000 community justice facilitators were trained to provide paralegal support to the most vulnerable children, and 46 national facilitators, 1,480 district facilitators and 15,105 ward and village facilitators, were trained to identify the most vulnerable children. The Government indicates that it has developed the second NAP–MVC (2013–17) which will serve as guidance in the implementation of the policies aimed at enhancing the well-being of the most vulnerable children by preventing and reducing the incidence of risks, including that of children becoming engaged in the worst forms of child labour. Furthermore, the Government indicates that, in collaboration with stakeholders and development partners, it has been implementing programmes for the prevention, care and treatment of HIV/AIDS with the aim of mitigating the impact of the pandemic and reducing new infections, hence tackling the issue of children becoming orphans due to HIV/AIDS.

The Committee takes due note of the measures taken by the Government. However, it notes with deep concern that, according to the 2011–12 UNAIDS estimates on HIV and AIDS, there remain approximately 1,200,000 child orphans of HIV/AIDS in the United Republic of Tanzania. Considering that children orphaned by HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour, in particular by increasing their access to education and vocational training. The Committee requests the Government to continue providing information on the measures taken in this regard, and on the results achieved.

The Committee is raising other points in a request addressed directly to the Government.