Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - United Republic of Tanzania (Ratification: 1998)

Article 3(2) of the Convention. Determination of types of hazardous work. Zanzibar. The Committee previously noted that section 100 of the Children’s Act prohibits hazardous work for children under 18 years of age and defines work as hazardous if it poses a danger to the health, safety or morals of a person in its subsection (2). The Children Act also provides for a list of types of hazardous work in its subsection (3), including mining and quarrying, porterage of heavy loads, work in manufacturing industries where chemicals are produced or used, work in places where machines are used and any other hazardous work as shall be declared by the Minister. The Committee further noted that, section 100(5)(b) also requires the Minister to make regulations to determine the forms of work related to subsection (2), and to make provision for the regular revision and updating of the list of hazardous work. The Committee requested the Government to indicate whether any regulations have been made to determine the hazardous types of work to be prohibited to persons under 18 years of age, pursuant to section 100(5)(b)of the Children’s Act, 2011.

The Committee notes the Government’s information that no regulations determining the types of hazardous work prohibited to persons under 18 years of age have been developed. Recalling that, pursuant to Article 3(2) of the Convention, the types of hazardous employment or work prohibited to children under 18 years of age shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requests the Government to indicate the measures taken to adopt regulations determining types of hazardous work prohibited to children under 18 years pursuant to section 100(5)(b) of the Children’s Act. It requests the Government to provide information on any progress made in this regard.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that according to the provisions of the Employment and Labour Relations Act, 2004 (section 5(2)), the Law of the Child Act No. 21 of 2009 (section 77(1)) and the Law of the Child (Child Employment) Regulations of 2012 (section 7), the minimum age for light work is 14 years. It also noted that sections 4(2) and 9 of the Law of the Child (Child Employment) Regulations regulates the employment of children of 14 years in light work and provides for a list of hazards that shall be taken into account while determining light work activities in which children may be permitted. However, noting from the findings of the National Child Labour Survey 2014, that 45.4 per cent of children aged 12–13 years are involved in child labour, the Committee requested the Government to consider the possibility of adopting provisions to regulate light work performed by children of 12 to 14 years of age pursuant to Article 7(1) and (4) of the Convention.

The Committee notes that the Government does not provide any information relevant to this point but refers to those occupations and conditions that may be considered as hazardous. The Committee therefore once again draws the Government’s attention to Article 7(1) and (4) of the Convention which provides that national laws or regulations may permit children from the age of 12 years to engage in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Considering that a high number of children below the minimum age of 14 years are involved in child labour, the Committee strongly encourages the Government to consider regulating light work for persons between the ages of 12 and 14, in conformity with Article 7 of the Convention. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee previously noted that the National Child Development Policy recognizes the right of children to participate in artistic performances and sports activities. The Committee also noted that the Ministry of Education and Culture was in the process of formulating regulations with respect to the participation of children in activities such as artistic performances, which also specify the categories of permissible artistic work, conditions and penalties for breaches.

The Committee notes the Government’s response that the country already has efficient laws for the protection and well-being of children and that children are allowed to participate in activities that are not likely to be harmful to their health and development. The Committee draws the Government’s attention to the possibility, under Article 8 of the Convention, of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, after consultation with the organizations of employers and workers concerned. Permits thus granted shall limit the number of hours and provide for the conditions of the authorized employment or work. Noting an absence of information relevant to this point in the Government’s report, the Committee once again requests the Government to take the necessary measures to establish a system of individual permits for children under the minimum age who are participating in cultural artistic performances subject to the conditions prescribed under Article 8 of the Convention. It requests the Government to provide information on any progress made in this regard.

Labour inspection. In its previous comments, the Committee noted the various measures taken by the Government to train the labour inspectors and other law enforcement bodies in identifying and dealing with child labour issues, including through the WEKEZA (Supporting Livelihoods and Developing Quality Education to Stop Child Labour) project financed by the Government of the United States. The Committee strongly encouraged the Government to continue its efforts to strengthen the capacity of labour inspectors and to provide information on the number of investigations undertaken and to provide extracts from the labour inspection reports.

The Government report does not contain any information on this point. However, the Committee notes from the Government’s report to the Human Rights Council of February 2016 that the State established the Child Labour Monitoring System (CLMS) which has contributed to withdrawing children from child labour through the ILO Red Card Anti-child labour campaign. The CLMS is comprised of child labour elimination committees at the national, district and village level (A/HRC/WG.6/25/TZA/1, paragraph 63). The Committee also notes from the ILO report entitled Child Labour and the Youth Decent Work Deficit in Tanzania, 2018, that 95 per cent of child labourers are in the agricultural sector. The Committee therefore strongly encourages the Government to continue its efforts to effectively monitor and combat child labour in the country, including in the agricultural sector. In this regard, it requests the Government to take the necessary measures to strengthen the capacity and reach of the labour inspectors in the informal economy. The Committee further requests the Government to provide information on the activities of the CLMS in monitoring and eliminating child labour. It finally requests the Government to provide information on the number of inspections on child labour carried out by the labour inspectors as well as by the CLMS and on the number of violations detected and penalties imposed.