Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Republic of Tanzania (Ratification: 2002)

Article 1 of the Convention. Discrimination based on sex. The Committee notes from the Formal Sector Employment and Earnings Analytical Report 2013 that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes that 9.3 per cent of the job vacancies were for male-preference positions, and 5.6 per cent were for female-preference positions. With respect to specific occupations, the survey indicates that 8.3 per cent of the vacancies for professionals had a preference for men and 4.5 per cent for women; for technicians and associate professionals, 6.6 per cent of the vacancies had a male preference and 3.8 per cent a female preference; for clerks, 27.4 per cent of the vacancies had a female preference and 5.3 per cent a male preference; and for plant and machine operators and assemblers, in 45.5 per cent of the vacancies there was a preference for men and in 4.5 per cent a preference for women. Recalling from its General Survey on the fundamental Conventions, 2012, paragraph 754, that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention and that only objective recruitment criteria should be used when choosing a candidate, the Committee asks the Government to provide information on measures taken or envisaged to address the practice of sex discrimination in hiring and in particular in job advertisements.

Article 1(1)(b). HIV status. The Committee notes the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Government further indicates that regulations under section 52(m) of Act No. 28 of 2008 are in the process of being drafted and that no violations of the anti-discrimination provisions of the Act have been recorded by labour officers. The Committee notes that the Ministry of Labour and Employment, in collaboration with social partners, has reviewed the Tripartite Code of Conduct on HIV and AIDS at the Workplace with a view to taking into account the Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200) and that the draft document has been discussed within the Labour, Economic and Social Council. The Tanzania Commission for AIDS has also developed the third Multi-Sectoral Strategic Framework for Tanzania Mainland (2013/14–2017/18). The Committee asks the Government to provide a copy of the HIV and AIDS Guidelines in the Public Service and the regulations being drafted under section 52(m) of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 once adopted. Please continue to provide information on any violations of the anti-discrimination provisions under the HIV and AIDS (Prevention and Control) Act, reported to or detected by labour officers. The Committee asks the Government to provide information on the implementation of the Multi-Strategic Framework for Tanzania Mainland (2013/14–2017/18) with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes the general information provided by the Government regarding educational activities carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace, including in 2014–15 through various media outlets and development and dissemination of awareness-raising materials. Recalling the importance of giving attention to all the grounds set out in the Convention in implementing the national equality policy, the Committee once again asks the Government to provide detailed information on action taken or envisaged, in collaboration with workers’ and employers’ organizations, to promote equality of opportunity and treatment and non-discrimination with respect to race, colour, national extraction, religion, political opinion and social origin (Article 1(1)(a) of the Convention), and on any other grounds of discrimination prohibited by national legislation, and the results achieved by such action. The Committee once again asks the Government to provide information on equality plans prepared and registered by employers with the Labour Commissioner under section 7(2) of the Employment and Labour Relations Act.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the Employment and Earnings Report 2013 confirms the low participation rates of women in the economy (37.3 per cent of workers) and their continued occupational segregation including in human health and social work where, in 2013, 59.7 per cent of the workers were women. Women represented 54 per cent of those working in accommodation and food services and 45.3 per cent of those working in education; conversely only 22 per cent of those working in wholesale and retail trade, repair of motor vehicles, motorcycles and household goods; and 16 per cent of those working in construction were women. The Committee notes the Government’s indication that it has been taking various measures to improve women’s access to education, training and employment, and that enrolment rates of girls and women in primary, secondary and tertiary education have improved significantly: in 2012, 47 per cent of students in ordinary level secondary education were female, and women and girls represented 31.6 per cent of the students in advanced secondary education and 36.4 per cent of the students in tertiary education. Regarding technical education, in 2012, 46.8 per cent of students and 47.3 per cent of vocational trainees were female. The Committee asks the Government to provide more specific information on the measures taken or envisaged to tackle the significant occupational gender segregation in the labour market and provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels through, for example, diversified education and vocational training. Please continue to provide information, disaggregated by sex, on participation rates in the various vocational training courses and fields of study and education, as well as in the labour market, disaggregated by economic activity and occupation. Recalling the significant size of the informal economy, the Government is also requested to provide information on any measures taken to promote access to education and diversified training for women in the informal economy and promote their employment in the formal economy, particularly those living in rural areas.

Article 3(d). Employment under the direct control of a national authority. Public sector. The Committee notes from the Employment and Earnings Survey of 2013 that women constitute 40.8 per cent of public sector employees. The Government provides data that women are under-represented in almost every category of decision-making posts in the public service: in 2013 women represented 31 per cent of ministers, 22 per cent of the deputy ministers, 36 per cent of the members of parliament, 26 per cent of the commissioners, 31 per cent of the directors, and 36 per cent of the judges. The Government indicates that it has taken steps to improve women’s access to education and training including sponsoring 33 female public employees to pursue masters programmes aimed at preparing them for higher responsibilities. The Government indicates that an area of priority is the appointment and promotion of qualified women to higher decision-making posts. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote the access of women to high-level posts as well as to posts with career prospects in the public service, and on the progress made in this regard. Please also continue to provide statistical data, disaggregated by sex, on the number of men and women employed in the different occupations of the public service. The Committee asks the Government to indicate specifically how the Public Service Commission addresses the issues of discrimination and equality in public employment when discharging its functions.

Zanzibar

Legislative developments. The Committee notes the Government’s indication that the minister in consultation with the Labour Advisory Board has passed the Anti-Sexual Harassment and Anti-Gender Discrimination Regulations of 2013. The Government indicates that Part 3 of the regulations refer to anti discrimination and the promotion of equality at work between men and women and that employers are implementing the regulations as a measure to promote equality and eliminate discrimination with regard to recruitment, training, promotion and employment conditions of workers. The Committee further notes Government’s general indication that it has taken various measures to raise awareness of the anti-discrimination provisions of the Employment Act 2005 through radio, TV programmes and brochures and in the course of labour inspections. The Committee once again requests the Government to provide information on the specific manner in which employers promote equality and address discrimination with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers pursuant to section 10(2)(a) of the Employment Act 2005, and implement the new Anti-Sexual Harassment and Anti-Gender Discrimination Regulations of 2013; please provide a copy of the Regulations. It further asks the Government to provide additional information on the specific activities undertaken to raise awareness among workers and employers and their organizations as well as the wider public of the anti-discrimination provisions of the Employment Act and the Regulations, as well as the legal remedies available in cases of discrimination.

National equality policy. Recalling that the Employment Policy of 2009 for Zanzibar provides for the promotion of employment of women and persons with disabilities, the Committee notes that the various measures adopted by the Government in this regard promote youth employment. The Committee notes from the data provided by the Government that 39.9 per cent of the workers in Zanzibar are women (30.9 per cent of private sector workers and 46.5 per cent of government employees). It notes significant horizontal occupational segregation with women comprising 60 per cent of those employed in education, 57 per cent of those working in human health and social work activity, and only 12.1 per cent of those working in construction, 21.4 per cent of those in transportation and storage and 26.6 per cent of those in professional, scientific and technical activity. The Committee asks the Government to provide information on the participation rates and results achieved by the Youth Employment Programme 2012, the employment committees mandated to create employment activities for youth, the Youth Employment Action Plan, and technical and vocational education training centres, to promote access of women and persons with disabilities to employment and a wide range of vocational training courses, including in non-traditional fields. The Committee asks the Government to provide information on measures taken or envisaged to address the significant occupational segregation in both the public and private sectors. The Committee also asks the Government to continue to provide any statistical information available on the distribution of men and women in both the public and private sectors, by branch of economic activity and occupation.