Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

I. Tanzania mainland

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. 1. Media. The Committee previously noted that, pursuant to section 25 of the Newspaper Act, 1976, the President may, if he considers it necessary in the public interest or in the interest of peace and order, prohibit the further publication of any newspaper, printing, publishing, selling or distribution of such newspaper being punishable by imprisonment (involving an obligation to perform labour by virtue of Part XI of the Prison Act, 1977). However, the Government indicated that a Media Bill to replace the Newspaper Act, 1976, had been developed and submitted to stakeholders.

The Committee notes the Government’s statement that measures are being taken to ensure that the Media Bill is tabled before Parliament. The Committee also notes the information from the official government gazette that, in 2012 and 2013, section 25 of the Newspaper Act was applied to prohibit the further publication of certain newspapers. The Committee accordingly requests the Government to take the necessary measures to repeal or amend the Newspaper Act. In this regard, it also urges the Government to take the necessary measures to ensure that the Media Bill does not include provisions pursuant to which persons holding or expressing political views could be subject to penalties of imprisonment involving compulsory labour. It expresses the hope that the Media Bill will be adopted in the near future, and requests the Government to provide a copy of this legislation, once adopted.

2. Meetings, assemblies and organizations. (i). Non-Governmental Organizations Act. The Committee previously noted that section 11 of the Non Governmental Organizations (NGO) Act of 2002 requires all NGOs to apply for registration with the Registrar and that, pursuant to section 13(3), this application for registration may be approved or refused. Section 14(1) of the Act provides that the registration of an NGO may be refused if, inter alia, the activities of an NGO are not for the public interest or on the recommendation of the National Council for NGOs. Section 35 of the Act provides for penalties of a fine not exceeding 500,000 Tanzanian shillings (TZS) (approximately US$310) or imprisonment (involving compulsory labour) for a term not exceeding one year, or both, for the offences of, inter alia, operating an NGO without obtaining registration. The Committee also noted that the Human Rights Committee, in its concluding observations of 6 August 2009, expressed concern about reported obstacles to the operation of civil society organizations and their ability to function independently, and at the severe penalties for operating an unregistered organization (CCPR/C/TZA/CO/4, paragraph 23).

The Committee notes the Government’s statement that there have been, so far, no convictions made under section 35 of the NGO Act of 2002. The Committee also notes the information from the mission report on the tripartite workshop held in September 2012, within the framework of the SPA project, that recently, certain provisions of the NGO Act relating to the registration of NGOs had been ruled unconstitutional by the High Court. With reference to paragraph 302 of the General Survey on the fundamental Conventions concerning rights at work, the Committee recalls that, under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views as well as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. The Committee therefore requests the Government to take the necessary measures to ensure that the abovementioned provisions of the NGO Act are not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, for holding or expressing political or ideological views. It also requests the Government to provide, with its next report, a copy of the High Court’s decision relating to the Act’s constitutionality.

(ii). Local Government (District Authorities) Act, 1982. The Committee previously noted that paragraph 56 of the First Schedule to the Local Government (District Authorities) Act, 1982, pursuant to section 118(4) of the Act, contains provisions prohibiting, regulating or controlling meetings and other assemblies, and requested information on the application of this Act in practice.

The Committee notes the Government’s statement regarding the application of section 118(4) of the Local Government (District Authorities) Act that a district council has the discretion to perform any of the functions specified in the First Schedule to the Act for general purposes of economic development, social progress, environmental sustainability and general welfare of the people. District councils are also supported by the central Government to implement such activities. Referring to its explanations above regarding Article 1(a) of the Convention, the Committee requests the Government to provide information on any measures adopted pursuant to paragraph 56 of the First Schedule to the Local Government (District Authorities) Act, which provides that district councils may prohibit, regulate and control, inter alia, meetings, processions and other assemblies.

Article 1(b) and (c). Penalties involving compulsory labour as a punishment for failure to engage in socially useful work. In its previous comments, the Committee referred to section 176(9) of the Penal Code, under which any person under lawful employment of any description who is, without lawful excuse, found engaged in a frolic of his own at a time when he is supposed to be engaged in activities connected or related to the business of his employment may be punished with imprisonment (involving an obligation to work). The Committee pointed out that provisions under which idle and disorderly persons may be punished for the mere fact of not engaging in socially useful work are incompatible with both the Forced Labour Convention, 1930 (No. 29), and Article 1(b) of Convention No. 105. Moreover, as section 176(9) of the Penal Code is primarily applicable to persons who are under lawful employment but are absent from work, the Committee reminded the Government that Article 1(c) of the Convention prohibits the use of forced or compulsory labour as a means of labour discipline.

The Committee notes the Government’s statement that the comments of the Committee on this subject have been transmitted to the competent authorities. The Committee once again requests the Government to take the necessary measures to repeal or amend section 176(9) of the Penal Code, and to provide information on the progress made in this regard.

Article 1(c). Penalties involving compulsory labour as a means of labour discipline. In its previous comments, the Committee referred to the provisions under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer’s property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his duties in a reasonable manner, may be punished with imprisonment for up to two years, which involves an obligation to work (section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984 (“Economic offences”), read in conjunction with section 59(2) of the Act).

The Committee notes the Government’s statement that the comments of the Committee on this subject have been transmitted to the competent authorities. Recalling that penalties of imprisonment involving compulsory labour as a means of labour discipline are incompatible with the Convention, the Committee once again requests the Government to take the necessary measures to repeal or amend section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984, and to provide information on measures taken in this regard in its next report.

II. Zanzibar

Article 1(a). 1. Penalties imposed for seditious offences. The Committee previously noted that section 41 of the Penal Decree (No. 6 of 2004) prohibits engaging in a seditious enterprise (section 41(a)(i)), which is punishable by a sentence of imprisonment (involving compulsory prison labour) of up to seven years. The Committee noted the Government’s indication that the application of section 41 was limited, due to the constitutional provisions concerning freedom of expression which would always prevail in case of a conflict between the Constitution and the Penal Decree. Noting an absence of information on this point in the Government’s report, the Committee requests the Government to provide information on the application of section 41 of the Penal Decree in practice so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. In its previous comments, the Committee noted that section 4(b) of the Deportation Decree (Cap. 41) concerned restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. The Committee noted the Government’s statement that the Decree was no longer in use.

The Committee notes the information in the mission report of the tripartite workshop carried out within the framework of the SPA project in September 2012 in Zanzibar that the amendment of the Deportation Decree was included in the time-bound action plan developed by participants. The Committee also notes the Government’s statement that the Deportation Decree is no longer in use and in practice is a dead law. The Government indicates that measures are being taken to repeal this legislation. The Committee encourages the Government to pursue its efforts to repeal the Deportation Decree, to bring its legislation into conformity with the Convention and the indicated practice.

3. Penal provisions concerning unlawful societies. The Committee previously noted that, pursuant to section 3 of Societies Act No. 6 of 1995, an unlawful society constitutes any society declared by the Minister to be unlawful, or any unregistered society which has been in existence for more than six months and has not made an application for registration, has been refused registration, and for which registration has been refused. Section 5 of the Societies Act further states that the Minister may, when he considers it to be essential for the public interest, by order declare any society to be unlawful which he considers is being used for a prejudicial purpose, or incompatible with the maintenance of peace, order and good governance. Pursuant to section 6 of the Societies Act, any person who manages or assists in the management of any unlawful society shall be guilty of an offence and shall be liable to a fine of TZS200,000 or to imprisonment (involving compulsory labour) for a term of six months, or both.

The Committee notes the Government’s statement that no sentences of imprisonment have been imposed pursuant to section 6 of the Societies Act. The Committee also notes the information in the mission report for the follow-up tripartite workshop held in May 2013 in Zanzibar that amending the Societies Act was included in the time-bound action plan developed by constituents in September 2012. Subsequently, the Government reported at the workshop held in May 2013 that a draft has been developed regarding the amendment of the Societies Act, and that this draft has been shared with NGOs, whose comments were sent to the Ministry of Justice for further action. The Committee encourages the Government to pursue its efforts to amend the Societies Act. Pending such an amendment, it requests the Government to continue to provide information on the application in practice of section 6 of the Societies Act, particularly regarding any sentences of imprisonment that have been imposed pursuant to this Act.