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

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

Articles 5, 6 and 7(2) clause (b) of the Convention. Monitoring mechanisms; programmes of action to eliminate the worst forms of child labour; and effective and time-bound measures to provide appropriate and direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted the establishment of the Anti-Trafficking Committee to implement the Anti-Trafficking in Persons Act 2008. It also noted the Government’s indication that some centres run by non-governmental organizations (NGOs) deal with the removal of child victims of trafficking for labour and sexual exploitation and their rehabilitation, such as the Kiwohede Centre in Dar es Salaam, Akuwata in Tanga, Don Bosco in Iringa, and Tuleane in Mwanza. The Committee requested the Government to indicate the number of child victims of trafficking who have been rehabilitated in the centres run by the NGOs.

The Committee notes the Government’s information in its report that a National Standardized Guideline for the establishment and management of safe houses for victims of trafficking in persons has been developed in collaboration with other stakeholders. The Government indicates that through the Anti-trafficking in Persons secretariat, 141 victims of trafficking were rescued and assisted. Moreover, in collaboration with the Night Light International based in Thailand and the International Organisation for Migration (IOM), eight victims of trafficking were rescued from Thailand, India and Iraq and provided assistance including, protection, rehabilitation and reintegration services.

The Committee also notes from its report under the Forced Labour Convention, 1930 (No.29) that the National Anti-Trafficking in Persons Action Plan (2015–17) has been reviewed and a new Action Plan (2018–22) was launched on 30 July 2018. The Government also indicates in this report that the Anti-Trafficking in Persons Secretariat, in collaboration with the United Nations Office on Drugs and Crimes (UNODC) and IOM, conducted training for 702 key implementers of the Anti-Trafficking Act, including members of the Anti-Trafficking Committee, police officers, judges, immigration officers, social welfare officers and other local leaders and service providers on identifying, investigating, prosecuting and dealing with victims of trafficking. The Committee requests the Government to continue to take the necessary measures to combat trafficking of children and to provide them with appropriate services for their rehabilitation and social integration. It requests it to provide information on the specific measures taken in this regard, including within the framework of the National Anti-Trafficking in Persons Action Plan (2018 – 22). It also requests the Government to provide information on the impact of the measures taken by the Anti-trafficking in Persons Secretariat in terms of the number of children who were prevented or withdrawn from trafficking and then rehabilitated.

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) (US$43.126) to TZS500 million (US$215,624.8), in addition to imprisonment for the offences related to hazardous work, forced labour, prostitution and the sexual exploitation of children. Noting with concern the Government’s statement that so far there had been no prosecutions, convictions or penalties in connection with the above-mentioned provisions of the Law of the Child Act, the Committee requested the Government to take immediate measures to ensure that perpetrators of the worst forms of child labour are prosecuted.

The Committee notes the Government’s statement that information in this regard will be provided once available. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that thorough investigations and 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.

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

Articles 3(d) and 5 of the Convention. Hazardous work and labour inspection. In its previous comments, the Committee noted from the analytical report of the National Child Labour Survey (NCLS) of 2014 that children in hazardous work amount to about 3.16 million, which constitutes 62.4 per cent of working children and 21.5 per cent of children aged 5–17 years. The highest proportion of children classified in hazardous work corresponds to those working under hazardous working conditions (87.2 per cent) followed by those working long hours (29 per cent). Carrying of heavy loads is the most common hazard, which involved 65.1 per cent of children in hazardous work. In addition, 46.8 per cent of total children in hazardous work experienced injuries, illness or poor health, which occurred as a result of work. The Committee urged the Government to intensify its efforts to eliminate this worst form of child labour.

The Committee notes that the Government, in its report, refers to various projects on child labour implemented in the country but provides no particular information on the trainings provided to or activities undertaken by the labour inspectors in monitoring hazardous work by children. It notes the Government’s statement that children in Tanzania engage in the worst forms of child labour, including in mining, quarrying and domestic work. The Committee notes from the ILO report entitled Child Labour and the Youth Decent Work Deficit in Tanzania, 2018 that about 41 per cent of children (1,467,000 children) in the age group of 14 to 17 years are involved in hazardous work. This report states that monitoring the implementation of legislation is a major challenge owing to limited resources for inspection. The Committee must once again express its deep concern at the significant number of children working in hazardous work and conditions. The Committee strongly urges the Government to take the necessary measures to strengthen and adapt the capacities of the labour inspectorate to ensure that children under the age of 18 years are not engaged in hazardous work, particularly in mining, quarrying and domestic work. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide adequate training to the labour inspectors to detect cases of children engaged in hazardous work and remove them from this worst form of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Article 6. Programmes of action for the elimination of the worst forms of child labour and application of the Convention in practice. In its previous comments, the Committee noted that in collaboration with the ILO, the Government was implementing a number of programmes, including the National Action Plan for the Elimination of Child Labour (NAP); Achieving Reduction of Child Labour in Support of Education (ARISE) programme with the support of Japan Tobacco International (JTI); and the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER) programme with the support of Winrock International in the tobacco sector. The Committee requested the Government to continue providing information on the implementation of these programmes, and the results achieved in terms of eliminating the worst forms of child labour.

The Committee notes the Government’s information on the various awareness raising events, trainings and sensitization events on combating child labour and its worst forms conducted within the framework of the PROSPER project. The Government report also states that it is implementing the Eradicating the Worst Forms of Child Labour (EWFCL) in the Eight Mining Wards of Geita District- Phase 2 (2015–19) project and the ILO Project on Global Research on Child Labour Measurement and Policy Development (MAP) which aims to build critical knowledge and capacity for accelerating progress against child labour by supporting data collection and analysis on child labour and children in hazardous work. The Committee encourages the Government to continue taking effective measures to eliminate the worst forms of child labour, in particular hazardous work and to provide information on the results achieved. It requests the Government to provide information on the specific measures taken within the framework of the EWFCL and MAP projects to combat hazardous child labour. It also requests the Government to continue providing statistical information on the nature, extent and trends of the worst forms of child labour, and the number of children covered by the measures giving effect to the Convention.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes from the joint report by the Ministry of Education, Science and Technology and the UNICEF entitled Global Initiative of Out-of-School children-Tanzania Country report, 2018 that a total of 3.9 million children between the ages of 7 and 17 are out of school in Tanzania. Of these, 1.7 million children of primary school age and about 400,000 children of the lower secondary school age never attended any school. The transition rate from primary school to secondary school is 56.3 per cent. The Committee also notes from the UNESCO statistics that the net enrolment rate at the primary level in 2018 is 81.33 per cent while at the secondary level it is 26.55 per cent. The Committee expresses its concern at the low enrolment rates at the primary and secondary education levels. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to take the necessary measures to improve the functioning of the educational system, so as to ensure that all children have access to quality education. In this regard, it requests the Government to strengthen its measures to increase the primary and secondary school enrolment and attendance rates and decrease the drop-out rates and the number of out-of-school children. The Committee asks the Government to provide information on the measures taken in this regard and on the results achieved.

Clause (d). Identify and reach out to children at special risk. Children orphaned by HIV/AIDS and other vulnerable children. The Committee previously noted the Government’s information that the Free Education Programme for Primary and Secondary Level Education, which was being implemented, would increase access to educational opportunities for children orphaned by HIV/AIDS. It also noted that the second National Costed Plan of Action for Most Vulnerable Children (NCPA MVC II, 2013–17) called for a government-led and community-driven response to facilitate access of MVCs to adequate care, support, protection and basic social services. In addition, a National MVC Monitoring and Evaluation Plan was adopted in January 2015 to ensure an effective and efficient coordination of MVC programme interventions. Noting from the 2015 UNAIDS estimates on HIV and AIDS, that there remained approximately 790,000 child orphans of HIV/AIDS in Tanzania, the Committee urged 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 and are provided with appropriate support and access to education.

The Committee notes that the Government refers to the National Strategy on the Elimination of Child Labour 2018-22, the National Action Plan on Violence against Women and Children (NAP VAWC) 2017–2022 and the Decent Work Country Programme as having measures to address the issues of vulnerable children and the worst forms of child labour. The Committee also notes from the ILO publication entitled Child Labour and the Youth Decent Work Deficit in Tanzania, 2018 that one of the objectives of the National Strategy on Elimination of Child Labour 2018–22 is to improve access of all vulnerable children to alternative forms of education. Moreover, the NCPA MVC contains a number of intervention strategies designed to positively impact the lives and welfare of the country’s most vulnerable children. The Committee, however, notes from the UNAIDS estimates of 2019 for Tanzania that the number of child orphans due to AIDS aged under 17 has reached 860,000. Considering that children orphaned by HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to continue its efforts to ensure that those children are prevented from being engaged in the worst forms of child labour, in particular by increasing their access to education and vocational training and providing appropriate assistance and support. The Committee requests the Government to provide information on the concrete measures taken within the NAP-VAWC, the NCPA MVC and the DWCP in this regard and the results achieved in terms of the number of orphans and vulnerable children withdrawn from the worst forms of child labour and rehabilitated.

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (c). Using, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to indicate the provisions establishing effective and dissuasive penalties for the offences related to the use, procuring or offering a child for illicit activities, including the production and trafficking of drugs. The Committee notes the Government’s information in its report that section 24 of the Drug Control and Enforcement Act 2015 provides for the prohibition of any person who solicits, incites, aids, conceals or attempts to solicit, incite, aid or conceal any other person to commit an offence, and the prohibition of any person who causes, procures or attempts to cause or procure the commission of an offence under the Act. Section 26(1) provides for the penalties that upon conviction, the offender shall be sentenced to a fine of 10 million Tanzanian shillings (TZS) or to life imprisonment.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee previously noted that, within the framework of the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government developed a National Action Plan for the Elimination of Child Labour (NAP). Through the NAP, 148 government officials were sensitized on the worst forms of child labour and on the list of hazardous work. Moreover, child labour subcommittees were established in the districts of Ruangwa, Masasi, Liwale and Lindi Urban to oversee child labour issues. The Committee also noted with interest that during the 2011–12 financial year, a total of 17,243 children were withdrawn from the worst forms of child labour, and 5,073 children were prevented from engaging in these worst forms. Out of these 22,316 children, 5,410 were admitted into vocational training programmes, 2,402 into primary education, and 1,235 into complementary basic education and training. In 2012–13, a total of 1,994 children were withdrawn from the worst forms of child labour.

The Committee notes the Government’s information that, in collaboration with the ILO, the Government is implementing a number of programmes, including the South–South Cooperation with the support of the Government of Brazil in the cotton sector, the Achieving Reduction of Child Labour in Support of Education (ARISE) programme with the support of Japan Tobacco International (JTI), and the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER+) programme with the support of Winrock International in the tobacco sector. Furthermore, macrosocial and economic efforts are being undertaken by the Government, such as improvement of the education sector and the living standards of people. The Committee requests the Government to continue providing information on the implementation of the NAP, as well as the abovementioned programmes, and the results achieved in terms of eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted that, following the enactment of the Anti-Trafficking in Persons Act 2008, the Anti-Trafficking Committee was in place, and that regulations for the implementation of the Anti-Trafficking in Persons Act had been drafted and were awaiting further consultations with stakeholders. The Committee also noted the Government’s information that some centres run by non-governmental organizations (NGOs) deal with the removal of child victims of trafficking for labour and sexual exploitation and their rehabilitation, such as the Kiwohede Centre in Dar es Salaam, Akuwata in Tanga, Don Bosco in Iringa, and Tuleane in Mwanza.

However, the Committee notes the Government’s indication that so far, there is no data which has been compiled with regard to the number of child victims of trafficking who have been rehabilitated by centres run by NGOs, and that the database for human trafficking has not been established. The Committee also notes the concluding observations on the combined third to fifth periodic reports of the United Republic of Tanzania by the Committee on the Rights of the Child (CRC/C/TZA/CO/3-5, paragraph 70) that, the Regulations for the Implementation of the Anti-Trafficking in Persons Act have not been published in the Official Gazette. The Committee once again requests the Government to indicate the number of child victims of trafficking who have been rehabilitated in the centres run by the NGOs. It also once again requests the Government to provide information on the progress made in establishing a database on trafficking in persons. Lastly, the Committee requests the Government to provide information on the progress regarding the adoption of the Regulations for the Implementation of the Anti-Trafficking in Persons Act, and provide a copy once it has been adopted.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(d), labour inspection and application of the Convention in practice. Worst forms of child labour. Hazardous work. The Committee notes that the third National Child Labour Survey (NCLS) covering children aged 5–17 years in mainland Tanzania was carried out with ILO technical and financial assistance in 2014. According to the NCLS analytical report released in January 2016, children in hazardous work amount to about 3.16 million, which constitutes 62.4 per cent of working children and 21.5 per cent of children aged 5–17 years. The highest proportion of children classified in hazardous work corresponds to those working under hazardous working conditions (87.2 per cent) followed by those working long hours (29 per cent). The report also shows that carrying of heavy loads is the most common hazard, which involves 65.1 per cent of children in hazardous work. In addition, 46.8 per cent of total children in hazardous work experienced injuries, illness or poor health, which occurred as a result of work. The Committee must express its deep concern at the large number of children working in hazardous conditions. The Committee therefore urges the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work, and to continue providing information on the nature, extent and trends of the worst forms of child labour. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of children engaged in hazardous work.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee previously noted that, within the framework of the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government developed a National Action Plan for the Elimination of Child Labour (NAP). Through the NAP, 148 government officials were sensitized on the worst forms of child labour and on the list of hazardous work. Moreover, child labour subcommittees were established in the districts of Ruangwa, Masasi, Liwale and Lindi Urban to oversee child labour issues. The Committee also noted with interest that during the 2011–12 financial year, a total of 17,243 children were withdrawn from the worst forms of child labour, and 5,073 children were prevented from engaging in these worst forms. Out of these 22,316 children, 5,410 were admitted into vocational training programmes, 2,402 into primary education, and 1,235 into complementary basic education and training. In 2012–13, a total of 1,994 children were withdrawn from the worst forms of child labour.

The Committee notes the Government’s information that, in collaboration with the ILO, the Government is implementing a number of programmes, including the South–South Cooperation with the support of the Government of Brazil in the cotton sector, the Achieving Reduction of Child Labour in Support of Education (ARISE) programme with the support of Japan Tobacco International (JTI), and the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER+) programme with the support of Winrock International in the tobacco sector. Furthermore, macrosocial and economic efforts are being undertaken by the Government, such as improvement of the education sector and the living standards of people. The Committee requests the Government to continue providing information on the implementation of the NAP, as well as the abovementioned programmes, and the results achieved in terms of eliminating the worst forms of child labour.

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 also noted that, according to the May 2013 report on the follow-up mission conducted in the framework of the Special Programme Account (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 observed that, according to the report, while ensuring effective prosecutions for violations related to child labour was one of the aims of the action plan of the SPA and training was provided to labour prosecutors, there had not yet been any prosecutions on this matter and more effective mechanisms were necessary.

The Committee notes with concern the Government’s statement in its report that so far there have been no prosecutions, convictions or penalties in connection with the abovementioned provisions of the Law of the Child Act. The Committee once again 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 once again 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. The Committee previously noted that, in collaboration with stakeholders, the Government developed and implemented the National Costed Plan of Action for the Most Vulnerable Children (2007–10) (NCPA–MVC). With the implementation of this plan, the identification of vulnerable children was improved, access to basic support was strengthened, and care and support for the most vulnerable children was mainstreamed into the budgets of the central Government and councils. Other measures included training for community justice facilitators to provide paralegal support, as well as for other facilitators at different levels (national, district and village) to identify the most vulnerable children.

The Committee notes the Government’s information that the Free Education Programme for Primary and Secondary Level Education, which is being implemented, will increase access to educational opportunities for children orphaned by HIV/AIDS. The Committee further notes that the second National Costed Plan of Action for Most Vulnerable Children (NCPA II, 2013–17) was launched in February 2013, which calls for a government-led and community-driven response to facilitate access of MVCs to adequate care, support, protection and basic social services, along with a National MVC Monitoring and Evaluation Plan adopted in January 2015 to ensure an effective and efficient coordination of MVC programme interventions.

However, the Committee also notes that, according to the 2015 UNAIDS estimates on HIV and AIDS, there remain approximately 790,000 child orphans of HIV/AIDS. Moreover, the Government’s country progress report to the United Nations General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2014 shows that only 26,670 orphans and vulnerable children (OVCs) were supported with health care, food, educational supplies, nutritional and psychological services. 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 these worst forms, in particular by increasing their access to education and vocational training, and supporting them with the abovementioned services. 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 matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Using, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously requested the Government to indicate the provisions establishing effective and dissuasive penalties for the offences related to the use, procuring or offering a child for illicit activities, including the production and trafficking of drugs. The Committee notes the Government’s information in its report that section 24 of the Drug Control and Enforcement Act 2015 provides for the prohibition of any person who solicits, incites, aids, conceals or attempts to solicit, incite, aid or conceal any other person to commit an offence, and the prohibition of any person who causes, procures or attempts to cause or procure the commission of an offence under the Act. Section 26(1) provides for the penalties that upon conviction, the offender shall be sentenced to a fine of 10 million Tanzanian shillings (TZS) or to life imprisonment.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee previously noted that, within the framework of the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government developed a National Action Plan for the Elimination of Child Labour (NAP). Through the NAP, 148 government officials were sensitized on the worst forms of child labour and on the list of hazardous work. Moreover, child labour subcommittees were established in the districts of Ruangwa, Masasi, Liwale and Lindi Urban to oversee child labour issues. The Committee also noted with interest that during the 2011–12 financial year, a total of 17,243 children were withdrawn from the worst forms of child labour, and 5,073 children were prevented from engaging in these worst forms. Out of these 22,316 children, 5,410 were admitted into vocational training programmes, 2,402 into primary education, and 1,235 into complementary basic education and training. In 2012–13, a total of 1,994 children were withdrawn from the worst forms of child labour.

The Committee notes the Government’s information that, in collaboration with the ILO, the Government is implementing a number of programmes, including the South–South Cooperation with the support of the Government of Brazil in the cotton sector, the Achieving Reduction of Child Labour in Support of Education (ARISE) programme with the support of Japan Tobacco International (JTI), and the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER+) programme with the support of Winrock International in the tobacco sector. Furthermore, macrosocial and economic efforts are being undertaken by the Government, such as improvement of the education sector and the living standards of people. The Committee requests the Government to continue providing information on the implementation of the NAP, as well as the abovementioned programmes, and the results achieved in terms of eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted that, following the enactment of the Anti-Trafficking in Persons Act 2008, the Anti-Trafficking Committee was in place, and that regulations for the implementation of the Anti-Trafficking in Persons Act had been drafted and were awaiting further consultations with stakeholders. The Committee also noted the Government’s information that some centres run by non-governmental organizations (NGOs) deal with the removal of child victims of trafficking for labour and sexual exploitation and their rehabilitation, such as the Kiwohede Centre in Dar es Salaam, Akuwata in Tanga, Don Bosco in Iringa, and Tuleane in Mwanza.

However, the Committee notes the Government’s indication that so far, there is no data which has been compiled with regard to the number of child victims of trafficking who have been rehabilitated by centres run by NGOs, and that the database for human trafficking has not been established. The Committee also notes the concluding observations on the combined third to fifth periodic reports of the United Republic of Tanzania by the Committee on the Rights of the Child (CRC/C/TZA/CO/3-5, paragraph 70) that, the Regulations for the Implementation of the Anti-Trafficking in Persons Act have not been published in the Official Gazette. The Committee once again requests the Government to indicate the number of child victims of trafficking who have been rehabilitated in the centres run by the NGOs. It also once again requests the Government to provide information on the progress made in establishing a database on trafficking in persons. Lastly, the Committee requests the Government to provide information on the progress regarding the adoption of the Regulations for the Implementation of the Anti-Trafficking in Persons Act, and provide a copy once it has been adopted.

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

Article 3(d), labour inspection and application of the Convention in practice. Worst forms of child labour. Hazardous work. The Committee notes that the third National Child Labour Survey (NCLS) covering children aged 5–17 years in mainland Tanzania was carried out with ILO technical and financial assistance in 2014. According to the NCLS analytical report released in January 2016, children in hazardous work amount to about 3.16 million, which constitutes 62.4 per cent of working children and 21.5 per cent of children aged 5–17 years. The highest proportion of children classified in hazardous work corresponds to those working under hazardous working conditions (87.2 per cent) followed by those working long hours (29 per cent). The report also shows that carrying of heavy loads is the most common hazard, which involves 65.1 per cent of children in hazardous work. In addition, 46.8 per cent of total children in hazardous work experienced injuries, illness or poor health, which occurred as a result of work. The Committee must express its deep concern at the large number of children working in hazardous conditions. The Committee therefore urges the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work, and to continue providing information on the nature, extent and trends of the worst forms of child labour. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of children engaged in hazardous work.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee previously noted that, within the framework of the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government developed a National Action Plan for the Elimination of Child Labour (NAP). Through the NAP, 148 government officials were sensitized on the worst forms of child labour and on the list of hazardous work. Moreover, child labour subcommittees were established in the districts of Ruangwa, Masasi, Liwale and Lindi Urban to oversee child labour issues. The Committee also noted with interest that during the 2011–12 financial year, a total of 17,243 children were withdrawn from the worst forms of child labour, and 5,073 children were prevented from engaging in these worst forms. Out of these 22,316 children, 5,410 were admitted into vocational training programmes, 2,402 into primary education, and 1,235 into complementary basic education and training. In 2012–13, a total of 1,994 children were withdrawn from the worst forms of child labour.

The Committee notes the Government’s information that, in collaboration with the ILO, the Government is implementing a number of programmes, including the South–South Cooperation with the support of the Government of Brazil in the cotton sector, the Achieving Reduction of Child Labour in Support of Education (ARISE) programme with the support of Japan Tobacco International (JTI), and the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER+) programme with the support of Winrock International in the tobacco sector. Furthermore, macrosocial and economic efforts are being undertaken by the Government, such as improvement of the education sector and the living standards of people. The Committee requests the Government to continue providing information on the implementation of the NAP, as well as the abovementioned programmes, and the results achieved in terms of eliminating the worst forms of child labour.

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 also noted that, according to the May 2013 report on the follow-up mission conducted in the framework of the Special Programme Account (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 observed that, according to the report, while ensuring effective prosecutions for violations related to child labour was one of the aims of the action plan of the SPA and training was provided to labour prosecutors, there had not yet been any prosecutions on this matter and more effective mechanisms were necessary.

The Committee notes with concern the Government’s statement in its report that so far there have been no prosecutions, convictions or penalties in connection with the abovementioned provisions of the Law of the Child Act. The Committee once again 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 once again 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. The Committee previously noted that, in collaboration with stakeholders, the Government developed and implemented the National Costed Plan of Action for the Most Vulnerable Children (2007–10) (NCPA–MVC). With the implementation of this plan, the identification of vulnerable children was improved, access to basic support was strengthened, and care and support for the most vulnerable children was mainstreamed into the budgets of the central Government and councils. Other measures included training for community justice facilitators to provide paralegal support, as well as for other facilitators at different levels (national, district and village) to identify the most vulnerable children.

The Committee notes the Government’s information that the Free Education Programme for Primary and Secondary Level Education, which is being implemented, will increase access to educational opportunities for children orphaned by HIV/AIDS. The Committee further notes that the second National Costed Plan of Action for Most Vulnerable Children (NCPA II, 2013–17) was launched in February 2013, which calls for a government-led and community-driven response to facilitate access of MVCs to adequate care, support, protection and basic social services, along with a National MVC Monitoring and Evaluation Plan adopted in January 2015 to ensure an effective and efficient coordination of MVC programme interventions.

However, the Committee also notes that, according to the 2015 UNAIDS estimates on HIV and AIDS, there remain approximately 790,000 child orphans of HIV/AIDS. Moreover, the Government’s country progress report to the United Nations General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2014 shows that only 26,670 orphans and vulnerable children (OVCs) were supported with health care, food, educational supplies, nutritional and psychological services. 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 these worst forms, in particular by increasing their access to education and vocational training, and supporting them with the abovementioned services. 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 matters in a request addressed directly to the Government.

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee observes that section 20 of the Law of the Child (Child Employment) Regulations, adopted in 2012, provides that all sanctions, remedies and penalties provided in the Act, the Penal Code, the Employment and Labour Relations Act, and any other laws and regulations, shall apply where a person contravenes any of the provisions regarding the employment of a child. The Committee therefore requests the Government to clearly indicate the provisions establishing effective and dissuasive penalties for the offences related to the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee previously noted that, within the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government of the United Republic of Tanzania developed a National Action Plan for the Elimination of the Worst Forms of Child Labour (NAP). This project is intended to increase awareness and knowledge among stakeholders and the public at large on the adverse impact of child labour.

The Committee notes the Government’s information that, through the NAP, 148 government officials were sensitized on the worst forms of child labour and on the list of hazardous types of work. Moreover, child labour subcommittees were established in the districts of Ruangwa, Masasi, Liwale and Lindi Urban to oversee child labour issues. The Committee also notes with interest the Government’s information, communicated in its report under the Minimum Age Convention, 1973 (No. 138), that during the 2011–12 financial year a total of 17,243 children were withdrawn from the worst forms of child labour, and 5,073 children were prevented from engaging in these worst forms. Out of these 22,316 children, 5,410 were admitted into vocational training programmes, 2,402 into primary education, and 1,235 into complementary basic education and training. In 2012–13, a total of 1,994 children were withdrawn from the worst forms of child labour. The Committee requests the Government to continue providing information on the implementation of the NAP and the results achieved in terms of eliminating the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted that, according to the provisions under Part IV of the Anti-Trafficking in Persons Act of 2008, the Government shall secure the protection, assistance and rehabilitation of child victims of trafficking and establish or designate centres for the protection and assistance of trafficking in persons (sections 19 and 20). The Committee also noted that Parliament established an Anti-Human Trafficking Fund in order to finance the Anti Trafficking Committee which focuses on providing protection and assistance to victims of trafficking.

The Committee notes the Government’s information that the Anti-Trafficking Committee is in place, and that regulations for the implementation of the Anti Trafficking in Persons Act have been drafted and are awaiting further consultations with stakeholders. The Government indicates that it is anticipated that these regulations will provide guidance on the collection of data and exchange of information concerning human trafficking, as well as facilitate the establishment of a viable database. Moreover, the Committee notes the Government’s information that some centres run by non-governmental organizations (NGOs) deal with the removal of child victims of trafficking for labour and sexual exploitation and their rehabilitation, such as the Kiwohede Centre in Dar es Salaam, Akuwata in Tanga, Don Bosco in Iringa, and Tuleane in Mwanza. The Committee requests the Government to indicate the number of child victims of trafficking who have been rehabilitated in the centres run by the NGOs. Moreover, it requests the Government to provide information on the progress made in establishing a database on human trafficking.

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

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.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s statement that efforts would be made to bring about a prohibition on the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs.

The Committee notes with interest that according to section 5(1)(a) of the draft Law of the Child (Child Labour) Regulations drawn up pursuant to section 157 of the Law of the Child Act No.21 of 2009 (Law of the Child Act), no child below the age of 18 years shall be employed in the worst forms of child labour, which include illicit activities. The Committee notes, however, that the draft Child Labour Regulations do not appear to establish penalties for the offences covered under section 5(1)(a) of the draft Child Labour Regulations. The Committee therefore requests the Government to take the necessary measures to establish sufficiently effective and dissuasive penalties for the offences related to the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee expresses the firm hope that the draft Child Labour Regulations will be adopted in the near future.

Articles 3(d) and 4(1). Prohibition and determination of hazardous work. The Committee previously noted the Government’s statement that the process of adopting a list of types of hazardous work prohibited to children under 18 years was under way.

The Committee notes the Government’s indication that the Ministry of Labour and Employment consulted with the stakeholders in July 2011 on the proposed regulation concerning the list of hazardous types of work. This proposed regulation will be submitted to the Labour, Economic and Social Council for comments and finally to the Attorney-General before it is finalized. The Committee also notes that according to section 82(1) of the Law of the Child Act, it is prohibited to employ or engage a child under 18 years in hazardous work which includes: going to sea; mining and quarrying; carrying heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in bars, hotels and places of entertainment. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to adopt the regulation determining the list of types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the regulation, once it has been adopted.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee notes the Government’s information that within the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government of the United Republic of Tanzania has developed a National Action Plan for the Elimination of the Worst Forms of Child Labour. This project is intended to increase awareness and knowledge among stakeholders and the public at large on the adverse impact of child labour. The Committee requests the Government to provide information on the implementation of the National Action Plan for the Elimination of the Worst Forms of Child Labour, and its impact on eliminating the worst forms of child labour.

Article 7(1). Penalties. Noting that most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act of 2004, were very low, the Committee had requested the Government to indicate the measures taken to review the monetary penalties prescribed for the offences mentioned under clauses (a)–(d) of Article 3 of the Convention.

The Committee notes with interest that sections 78,79, 80, and 83 of the Law of the Child Act establishes penalties ranging from 100,000 shillings to 500 million shillings, in addition to imprisonment for the offences related to hazardous work, forced labour, prostitution and the sexual exploitation of children. The Committee requests the Government to provide information on the application of these penalties in practice, including for trafficking in children under the Anti-Trafficking in Persons Act of 2008.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee takes due note of the Government’s statement that at the primary level, a total of 8,441,553 children were enrolled in 2009, and a total of 8,419,305 children were enrolled in 2010. The Committee also notes the Government’s indication that in 2011, 1,556,685 children are enrolled at the secondary level. According to the statistics provided by UNESCO, in 2009, 97 per cent of girls and 96 per cent of boys were enrolled in the primary school level and 102 per cent (gross intake rate to last grade of primary) of children completed a full course of primary schooling.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted that according to the provisions under Part IV of the Anti-Trafficking in Persons Act of 2008, the Government shall secure the protection, assistance and rehabilitation of child victims of trafficking and establish or designate centres for the protection and assistance of trafficking in persons (sections 19 and 20).

The Committee notes the Government’s information that there are focal points in every police station to handle child victims of trafficking. Moreover, there are centres run by NGOs for the protection and assistance of child victims of trafficking. The Committee notes the information available in the ILO–IPEC report of 2010 on the project entitled “Support for the Time-bound Programme on the Worst Forms of Child Labour Phase II” (ILO-TBP report of 2010) that Parliament has established an Anti-Human Trafficking Fund in order to finance the Anti-Trafficking Committee which focuses on providing protection and assistance to victims of trafficking. The Committee requests the Government to provide information on the measures taken by the Anti-Trafficking Committee for the removal of child victims of trafficking for sexual and labour exploitation as well as the measures taken for their rehabilitation and social integration, and the results achieved. It also requests the Government to indicate the number of child victims of trafficking who have been rehabilitated in the centres run by the NGOs.

Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS. The Committee previously noted that according to the information contained in the Epidemiological Factsheet on HIV/AIDS (UNAIDS) of October 2008, over 970,000 children aged below 17 years were HIV/AIDS orphans in the United Republic of Tanzania.

The Committee notes the Government’s information that it has created a conducive environment for the civil society organizations, private sector, and workers’ and employers’ organizations to actively participate in the fight against HIV/AIDS, to deal with the problem of child labour as well as to participate in the provision of education and vocational training to child victims and orphans of HIV/AIDS. The Committee also notes that according to the information available in the ILO-TBP report of 2010, the project has provided training and orientation to social partners and implementing agencies on the use of the ILO Handbook on Mainstreaming HIV/AIDS issues into child labour initiatives, together with a Training Manual on Child Labour and HIV/AIDS. The Committee notes, however, that according to the Epidemiological Factsheet on HIV/AIDS (UNAIDS), of 2009, more than 1,300,000 children aged below 17 years are HIV/AIDS orphans in the United Republic of Tanzania. The Committee expresses its deep concern at the high number of children orphaned by HIV/AIDS. Considering that children orphaned by HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee 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 provide information on the measures taken in this regard, and on the results achieved.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that under the terms of section 139A(1)(b)(i) of the Penal Code, trafficking in children for labour exploitation was only prohibited if the consent of the parent or lawful guardian had not been given. It had requested the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may, nonetheless, be clear cases of trafficking for the purposes of labour exploitation.

The Committee notes with satisfaction the enactment of the Anti-Trafficking in Persons Act, 2008, which repeals section 139(A) of the Penal Code. According to section 4(1) of this Act, a person commits an offence of trafficking if that person recruits, transports, transfers, harbours, provides or receives a person by any means under the pretext of domestic or overseas employment for the purposes of labour or sexual exploitation. Section 4(3) of the Act provides that, if the victim is a child under the age of 18 years, the consent of the child, parent or guardian shall not constitute a defence in prosecution. The Committee also notes that, according to section 6(2)(a) of the Act, trafficking in children under the age of 18 years shall be considered as “severe trafficking in persons”, which carries more severe penalties, namely a fine ranging between 5 million shillings and 150 million shillings or imprisonment ranging from ten years to 20 years, or both. Sections 5 and 7 of the Act further provide penalties for the offences related to procuring or facilitating or acting as an intermediary for the commission of trafficking in persons.

Compulsory recruitment of children for use in armed conflict. Referring to the report of the United Nations Secretary-General on children and armed conflict of 10 November 2003 (A/58/546-S/2003/1053, paragraph 47) that armed opposition groups were recruiting children from refugee camps in western Tanzania, the Committee had previously requested the Government to indicate the measures taken to prohibit the forced recruitment of children from refugee camps for use in armed conflict.

The Committee notes with satisfaction that section 4(1)(g)(ii) of the Anti‑Trafficking Act of 2008, prohibits any person from recruiting, hiring, adopting, transporting or abducting a child under the age of 18 years for the purposes of engaging the child in armed conflict. According to subsection (5) of section 4 of the Act, this offence shall be punishable with a fine of not less than 5 million shillings but not more than 100 million shillings or imprisonment for a term ranging between two years and ten years, or both.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously observed that the provisions of the Employment and Labour Relations Act, No. 6 of 2004 (sections 5(4) and 5(7)), and the Penal Code (sections 138, 139A(1)(b) and 139A(1)(b)(i)) do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that efforts will be made to bring about the prohibition of the above offence. The Committee expresses the firm hope that the Government will take immediate measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties and establish penalties for the same. It requests the Government to provide information on any progress made in this regard.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. Mainland Tanzania. The Committee notes the Government’s statement that the process of adopting the rules and regulations of the Employment and Labour Relations Act are under way. The Committee also notes that, according to the ILO–IPEC Progress Report of September 2009 on the project entitled “Support for the Time Bound Programme on the Worst Forms of Child Labour in Tanzania-II” (TBP-II), the process of integrating the list of hazardous types of work in the national labour laws will be completed in October 2009. The Committee expresses the firm hope that the regulation on the list of hazardous types of work will be adopted shortly in consultation with the social partners and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. The Committee notes with interest the Government’s statement that Employment Act No. 11, which prohibits child labour including the employment of persons under 18 years in hazardous work, has been adopted since 2005. The Committee requests the Government to supply a copy of Employment Act No. 11 of 2005 along with its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that, during Phase I of the ILO–IPEC project entitled “Supporting the Time-Bound Programme on the Worst Forms of Child Labour (2002–05)” (TBP), the National Inter-Sectoral Coordination Committee (NISCC) approved 15 action programmes on child labour. The Committee notes the Government’s information that, as a result of the programmes of action approved by the NISCC, the incidence of child labour has been reduced from 25 per cent in 2000–01 to 21 per cent in 2005–06.

Article 7, paragraph 1. Penalties. The Committee had previously observed that, due to devaluation, most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act, 2004, have become very low. The Committee notes the Government’s indication that the Anti‑Trafficking in Persons Act of 2008 provides for a higher penalty for the offences related to trafficking in children. However, the Committee requests the Government to indicate the measures taken or envisaged to review the monetary penalties prescribed for the other offences mentioned under clauses (a) to (d) of Article 3 of the Convention, which are dealt with under the Penal Code and the Employment and Labour Relations Act.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to the ILO–IPEC Progress Report, 2006 (TBP Phase I, page 2), the Government had introduced the Primary Education Development Programme (PEDP) from 2002 to 2006 and the Secondary Education Development Programme (SEDP) for the period from 2005 to 2009 which had contributed to increased enrolments in primary schools and secondary schools. It had also noted that the Government adopted a Complementary Basic Education (COBET) programme as a strategy to reach out-of-school children, including those in child labour. The Committee notes the Government’s statement that, according to the Basic Education Statistics in Tanzania, 2007, as a result of the programmes to improve education under the PEDP, SEDP, as well as the Poverty Reduction Strategy Paper (PRSP), the number of children enrolled in primary education has increased to 12,418,679 pupils in 2007, and the secondary school enrolment has increased to 1,020,510 pupils. The Committee also notes the statistical data provided by the Government on the number of children learning under the COBET programme. According to this data, in 2007 a total of 185,206 children (106,463 boys and 78,743 girls) between the ages of 11 and 18 years were COBET learners. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to continue supplying data on the enrolment rates in school disaggregated by sex.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee notes that according to the provisions under Part IV of the Anti-Trafficking in Persons Act of 2008, the Government shall secure the protection, assistance and rehabilitation of child victims of trafficking; and establish or designate centres for the protection and assistance of victims of trafficking in persons (sections 19 and 20). The Committee requests the Government provide information on any measures taken, pursuant to the provisions of the Anti-Trafficking in Persons Act of 2008, to secure  the protection, assistance and rehabilitation of child victims of trafficking, and on the number of centres established for this purpose.

Commercial sexual exploitation and child labour in tobacco farming. The Committee notes with interest that according to the ILO–IPEC Progress Report, 2009, of the project TBP-II a total of 20,143 children (10,015 boys and 10,128 girls) were withdrawn or prevented from child labour through educational services or training opportunities; and 2,375 children (912 boys and 1,463 girls) were withdrawn or prevented from child labour through other non-education related services. It also notes that within this project 858 children (167 boys and 691 girls) were withdrawn and 648 children (414 boys and 234 girls) were prevented from commercial sexual exploitation. The Committee further notes that, according to the ILO–IPEC Progress Report of August 2008 of the project entitled “Towards Sustainable action for prevention and elimination of child labour in tobacco farming in Urambo district, Tanzania”, a total of 600 children (224 girls and 376 boys) were withdrawn or prevented through educational services or training opportunities; and 1,000 children (488 girls and 512 boys) were withdrawn or prevented through other non-education related services, and a total of 612 families were provided with income-generating activities. The Committee requests the Government to continue providing information on the achievements of the TBP-II and other ongoing action programmes within the TBP-II, and their impact with regard to removing children from the worst forms of child labour, in particular, the commercial sexual exploitation of children and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS. The Committee had previously noted that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS) 1.5 million people were believed to be affected in the United Republic of Tanzania. It also noted that, according to the Rapid Assessment document entitled “HIV/AIDS and child labour in the United Republic of Tanzania”, more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. It had also noted the Government’s initiative at the national level, through the National Policy on HIV/AIDS of 2001 and the National Multi-Sectoral Strategic Framework on HIV/AIDS (2003–07). The Committee had further noted the Government’s statement that the Ministry of Labour, Employment and Youth Development in collaboration with local government councils and NGOs, had developed HIV/AIDS sexual and reproductive health education programmes for out-of-school children and those children at risk. The Committee notes that according to the information contained in the Epidemiological Factsheet on HIV/AIDS (UNAIDS), October 2008, over 970,000 children aged below 17 years are HIV/AIDS orphans in Tanzania. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education and vocational training. It also requests the Government to provide information in this regard and the results achieved.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that, according to the terms of section 139A(1)(b)(i) of the Penal Code, any person who, for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration arranges for or assists a child under 18 years of age to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian, commits the offence of trafficking. It had requested the Government to indicate in what way trafficking in children for labour exploitation with the consent of their parents or guardian is prohibited. Noting the absence of information in the government report, the Committee once again requests the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. Referring to the report of the United Nations Secretary-General on children and armed conflict of 10 November 2003 (UN document A/58/546-S/2003/1053, paragraph 47) that armed opposition groups are recruiting children from refugee camps in western Tanzania, the Committee had requested the Government to indicate the measures taken to prohibit the forced recruitment of children from refugee camps for use in armed conflict. The Committee notes that there is no information in the government report on this point. Therefore, the Committee once again asks the Government to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s indication that there are so far no issues in the country pertaining to the use, procuring or offering of a child for illicit activities such as the trafficking of drugs. However, measures have been taken to ensure that such practices do not exist by implementing programmes aimed at awareness raising and sensitization on the hazards associated with such activities. It also notes the Government’s indication that certain provisions of the Employment and Labour Relations Act, No. 6 of 2004 (sections 5(4) and 5(7)), and the Penal Code (sections 138, 139A(1)(b) and 139A(1)(b)(i)) address the above offence. However, the Committee notes that the above provisions do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. Section 5(4) of Act No. 6 of 2004 places a general prohibition on the employment of children in occupations inappropriate to the child’s age or that which places any risk to the child’s well-being, education, physical or mental health and section 5(7) makes it an offence to employ children in contravention of the section. Similarly, section 138 of the Penal Code deals with offences related to the sexual exploitation of children and sections 139A(1)(b) and 139A(1)(b)(i) of the Penal Code deals with trafficking of children. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour as a matter of urgency. The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties and to indicate the sanctions envisaged.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Mainland Tanzania. Following its previous comments, the Committee notes the Government’s information that efforts are being made by the Minister for issuing a regulation listing hazardous types of work pursuant to section 5(6) of the Employment and Labour Relations Act, 2004. The Committee hopes that the regulation on the list of hazardous types of work will be adopted shortly and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

2. Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. It once again requests the Government to provide information on progress made in this regard and to provide a copy of the law once it is adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Government established a National Inter-sectoral Coordination Committee (NISCC) for the purpose of monitoring and coordinating the intervention activities against child labour and its worst forms. It had also noted that the NISCC consists of four subcommittees namely: commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. According to the government report, the functions of the NISCC include: to oversee and coordinate the overall implementation of the Time-bound Programme (TBP); to consult, support and collaborate with the relevant national institutions towards strengthening policies and legal framework for the implementation of the TBP; to receive and decide upon activity reports of the subcommittees; to approve proposed activities and budgets submitted for an action programme on the worst forms of child labour; to undertake evaluation and monitoring field visits to the project sites; and to regularly consult with and provide information to high-level government authorities and other stakeholders on the situation of the worst forms of child labour in the country. The Committee also notes the information provided by the Government on the functions of the technical subcommittee and the three subcommittees which include: reviewing and assessing the situation of the worst forms of child labour in the respective sectors; programme interventions by sector; action programme proposals; recommendations to the partner agencies; holding meetings to review the progress of implementation; and presenting progress reports to the NISCC, etc. It further notes the Government’s information that these functions are currently under review in order to further strengthen and accommodate some socio-economic developments that took place during the last few years and to make them more active. According to the ILO/IPEC Progress Report, 2004 (page 4), on the Urambo Tobacco Sector Project–Phase I indicates that, within this project, village child labour committees were established in 36 villages in Tanzania, whose members were trained in identifying, preventing and withdrawing child labourers and reintegrating them into primary school.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that during Phase I of the ILO/IPEC project entitled “Supporting the Time-bound Programme on the Worst Forms of Child Labour (2002–05)”, the NISCC approved 15 action programmes on child labour. These programmes included capacity building of social partners and stakeholders, formal and non-formal education and skills training, microcredit/micro health schemes, direct interventions for identification, prevention, withdrawal and social rehabilitation, and advocacy and awareness raising through media. The Committee requests the Government to provide information on the impact of the programmes of action on child labour approved by the NISCC with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Noting that, due to devaluation, most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act, 2004, have become very low, the Committee once again asks the Government to provide information on the measures taken or envisaged to review these monetary penalties. It also requests the Government to provide information on the practical application of the penalties laid down in sections 138B, 139, 139A, 254 and 255 of the Penal Code.

Paragraph 2. Effective and time-bound measures. The Committee notes that with ILO/IPEC assistance, Tanzania is currently implementing the TBP on the Worst Forms of Child Labour which was launched in 2001 and has now entered its second phase. The Committee notes the Government’s information that, according to the survey on child labour carried out in 2003, in the 11 pilot districts of the TBP, there were 57,731 children involved in the worst forms of child labour, and 97,842 children at risk of entering into the worst forms of child labour. It notes with interest that, due to the interventions carried out between 2002–05 (TBP Phase I), 25 per cent of children involved in the worst forms of child labour were withdrawn, and 20 per cent of those who were at risk of being involved in the worst forms of child labour were prevented in the four sectors targeted by the TBP, namely, prostitution, the domestic service, the mining sector and commercial agriculture including the tea, coffee and tobacco sectors. Within the framework of the TBP, the following programmes were implemented: programmes for combating hazardous child labour in the commercial agriculture sector (Combating Hazardous Child Labour in Commercial Agriculture in Tanzania (2000–03)); in the domestic sector (Combating Child Labour in the Domestic Sector in East Africa (2003–05)); and in tobacco farming (Urambo Tobacco Sector Project entitled, Combating Hazardous Child Labour in Tobacco Farming in Urambo District-Phase I (2003–06) and Phase II (2007–10)).

Clause (a). Prevent the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the impact of the action programmes on preventing children under 18 years from engaging in the worst forms of child labour in the four sectors targeted by the TBP include: increased awareness of the public on the evils associated with child labour and its worst forms; identification, prevention and withdrawal of children from the worst forms of child labour and provisions for their social integration and rehabilitation such as enrolment in formal, non-formal education and vocational skills and training; integration of child labour issues into the existing government policies, development plans and programmes; capacity building of the local community in identifying child labour practices and developing appropriate measures to address the situation. According to the
ILO/IPEC Progress Report, 2006 (TBP Phase I, page 2), the Government introduced the Primary Education Development Programme (PEDP) from 2002 to 2006 and the Secondary Education Development Programme (SEDP) for the period from 2005 to 2009 which contributed to increased enrolments in primary schools and secondary schools. The Government also adopted a Complementary Basic Education (COBET) programme as a strategy to reach out-of-school children, including those in child labour. The Committee notes that the implementation of the PEDP has increased the school enrolment rates from 80.6 per cent in 2002 to 96.1 per cent in 2006, while the completion rate has increased from 57.8 per cent in 2002 to 68.7 per cent in 2006. Moreover, the Poverty Reduction Strategy Paper (PRSP) has also put in place a number of programmes and plans aimed at improving education and eliminating illiteracy by 2010. The Committee requests the Government to provide information on the number of out-of-school children reached so far and enrolled in schools under the COBET programme and on the results of the programmes to improve education under the PRSP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that “Combating Hazardous Child Labour in Commercial Agriculture in Tanzania” (COMAGRI project complemented by the TBP) focused mainly on child labour in tea, coffee and tobacco farming, covering three districts in addition to the 11 pilot districts of the TBP. The Committee notes with interest the Government’s statement that this project met its objectives, in particular with regard to the prevention of 3,000 children from falling into worst forms of child labour in the commercial agricultural sector and the withdrawal and rehabilitation of 1,500 children from the worst forms of child labour. The ILO/IPEC Progress Report, 2004 (pages 5, 11 and 12), on the Urambo Tobacco Sector Project – Phase I indicates that under this project 537 children (233 girls) were withdrawn and reintegrated into primary education, 62 children were provided with vocational training and 889 children benefited through educational services or training opportunities. According to the ILO/IPEC Report on Combating Child Labour in the Domestic Sector in East Africa, 2003–05 (page 3), two major action programmes were implemented in Tanzania which resulted in the prevention of 760 children (588 girls and 191 boys) to be engaged in domestic labour and the withdrawal of 548 children (357 girls and 172 boys) from domestic labour. Furthermore, within the project entitled “Combating Child Sexual Exploitation in four Anglophone Countries (2001–02)” in which Tanzania was a participating country, about 100 girls were reached through group counselling and 240 girls were withdrawn from prostitution and reintegrated into basic education and vocational training. The Committee requests the Government to continue providing information on the achievements of the TBP and other ongoing action programmes in the four sectors targeted by the TBP, and their impact with regard to removing children from the worst forms of child labour and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. HIV/AIDS. The Committee had previously noted that, according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people were believed to be affected in the United Republic of Tanzania. It also noted that, according to the Rapid Assessment document entitled “HIV/AIDS and child labour in the United Republic of Tanzania”, more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. Observing that HIV/AIDS had consequences for orphans, for whom there was an increased risk of being engaged in the worst forms of child labour, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children. The Committee notes the Government’s information that it has recognized the consequences of HIV/AIDS and considered it as a national disaster. It has therefore called for concerted and unprecedented initiatives at the national level through the National Policy on HIV/AIDS of 2001 and National Multi-Sectoral Strategic Framework on HIV/AIDS (2003–07). The Committee also notes the Government’s information that the Ministry of Labour, Employment and Youth Development in collaboration with local government councils and NGOs have developed HIV/AIDS sexual and reproductive health education programmes for out-of- school children and those children at risk. The Committee requests the Government to provide information on the impact of the National Policy on HIV/AIDS and the National Multi-Sectoral Strategic Framework on HIV/AIDS on protecting child victims and orphans of HIV/AIDS from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Noting the information provided by the Government in its report on the TBP, the Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents, including inspection reports, as well as information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. In its previous comments, the Committee noted that section 139A(1)(b)(i) of the Penal Code deals with trafficking in persons. According to this provision, any person who, for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration arranges for, or assists a child under 18 years of age to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian, commits the offence of trafficking. The Committee observed that section 139A(1)(b)(i) of the Penal Code refers only to the trafficking of children "without" the consent of their parent or guardian. The Committee once again requests the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that, by virtue of section 29(4) of the National Defence Act, 1966, no person under the apparent age of 18 years shall be enrolled in the defence forces without the consent in writing of one of his parents or his guardian or where the parents or guardian are dead or unknown, by the area commissioner of the district in which such person resides. The Committee also noted that, in its initial report to the Committee on the Rights of the Child in September 2000 (CRC/C/8/Add.14/Rev.1, paragraph 346), the Government stated that it had participated in only one war in which children were not involved as soldiers. The Government also indicated that the United Republic of Tanzania has not been involved in armed conflicts inside its boundaries. However, the Committee noted from the report of the United Nations Secretary-General on children and armed conflict in November 2003 (United Nations document A/58/546-S/2003/1053, paragraph 47), that armed opposition groups have recruited children from refugee camps in the western part of the United Republic of Tanzania. Noting the absence of information from the Government, the Committee once again asks it to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (c). Use, procuring or offering of a child for illicit activities. Referring to its previous comments, the Committee notes the Government’s indication that the use, procuring or offering of a child for illicit activities does not exist in the United Republic of Tanzania. However, the Committee reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and to indicate the sanctions envisaged.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Mainland Tanzania. With reference to its previous comments, the Committee notes with interest that the Employment and Labour Relations Act, 2004, for Mainland Tanzania [hereinafter Act No. 6], was adopted. It notes that, by virtue of section 5(3) of Act No. 6, a child under 18 years of age shall not be employed in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister. The Committee also notes that, under the terms of section 5(6)(a) of Act No. 6, the Minister shall make regulations to prohibit, or place conditions on the employment of children under 18 years of age. The Committee notes the Government’s indication that the types of work referred to under Article 3(d) includes work in commercial agriculture, mining, quarrying, domestic services and commercial sexual exploitation involving children under 18. The Committee also notes the Government’s statement that, in drawing up a list of hazardous types of work, the Government consulted the social partners. Finally, the Government indicates that Act No. 6 requires the Minister to make provision for the regular revision and updating of the list of hazardous forms of work and that this is the first list to be issued and, to date, no revision has been made by the Minister. Noting that the types of hazardous work referred to by the Government in its report (commercial agriculture, mining, quarrying, domestic services and commercial sexual exploitation) do not appear to be listed in Act No. 6, the Committee requests the Government to indicate whether this list is contained in regulations issued by the Minister pursuant to section 5(6) of Act No. 6 or in some other legislation.

2. Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. It once again requests the Government to provide information on progress made in this regard and to provide a copy of the law once it is adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that, for the purpose of monitoring and coordinating the intervention activities against the worst forms of child labour, the Government had established the National Inter-sectoral Coordination Committee (NISCC) at the national level, with representation by the employer’s association, trade union organizations, key government ministries and the non-governmental organizations. The Committee further noted that NISCC consists of four subcommittees, namely: commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. The Committee also noted that, at the local or district level, the Government had established the District Child Labour Committees (DCLC) which oversees the intervention activities against the worst forms of child labour. Noting that the Government has provided no information regarding this issue, the Committee once again requests the Government to provide information on the functioning of the NISCC and the four subcommittees, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that all action programmes against the worst forms of child labour were to be discussed by concerned sectoral subcommittees and the technical subcommittee, and approved by the NISCC. It once again requests the Government to provide information on any programmes of action approved by the NISCC for the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Noting that the Government has provided no information with regard to this Article of the Convention, the Committee once again requests the Government to report on the practical application of the penalties laid down in the relevant national provisions, namely: sections 138B, 139, 139A, 254 and 255 of the Penal Code, and section 102 of the Employment and Labour Relations Act, 2004. Moreover, observing that, due to devaluation, most monetary penalties mentioned in the legislation have become very low, the Committee once again asks the Government to provide information on measures taken or envisaged to review these monetary penalties in the light of the current value of the national currency.

Paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted with interest that the Government became one of the first three countries to design and implement a Time-Bound Programme (TBP). It also noted that, in April 2001, a national round table on the worst forms of child labour was held with a wide range of social partners and high-level government participation, and that four sectors were selected as priority target groups for the TBP initiative, namely, prostitution, the domestic service, the mining sector and commercial agriculture including tea, coffee and tobacco. The Committee furthermore noted with interest that the Government had set targets of reducing the involvement of children in the above sectors by 75 per cent by the year 2005 and of eradicating the problem completely by the year 2010. Noting that the Government has provided no information with regard to the TBP, the Committee yet again requests the Government to report on the results achieved in reducing the involvement of children in the four sectors selected.

Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that, according to the project document entitled "Supporting the time-bound programme on the worst forms of child labour in the United Republic of Tanzania", between 300,000 and 500,000 children were at risk in the four sectors targeted by the TBP. A total of five action programmes was being implemented by the Child Labour Unit (CLU) for: (i) the prevention and withdrawal of 5,000 children from prostitution; (ii) the prevention and withdrawal of 7,500 children in domestic services; and (iii) the prevention and withdrawal of child workers in commercial agriculture. In addition, three action programmes had been approved by the NISCC technical subcommittee, which included: (a) the prevention and withdrawal of 2,500 children in the mining sector; (b) vocational education and skills training for 3,000 children by the Vocational Education Training Authority; and (c) the provision of transitional education by the Complementary Basic Education and Training Programme (COBET) for 15,000 children identified for prevention. The Committee once again requests the Government to provide information on the impact of the abovementioned action programmes on preventing children under 18 from engaging in the worst forms of child labour in the four sectors targeted by the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that, according to the project document mentioned above, a wide range of direct support has been given to partners to withdraw working children from hazardous work in mining sites (with UK-DFID support), domestic services, street work and prostitution. The Committee notes that, according to the information available at the Office, other action programmes are being implemented in different district councils of the United Republic of Tanzania, mostly concerning the prevention, withdrawal and rehabilitation of children from hazardous child labour in commercial agriculture. Noting the absence of information from the Government, the Committee requests the Government to provide information on the achievements of the TBP and the new action programmes, and their impact with regard to removing children in the worst forms of child labour in the four sectors targeted by the TBP, and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. HIV/AIDS. In its previous comments, the Committee noted that, according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people were believed to be affected in the United Republic of Tanzania. The Committee also noted that, according to the Rapid Assessment document entitled "HIV/AIDS and child labour in the United Republic of Tanzania", more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. Moreover, the United Republic of Tanzania had formulated a national policy on HIV/AIDS. The Committee notes that the United Republic of Tanzania is part of the World Bank Grant to fight HIV/AIDS in Africa’s Great Lakes Region. In the absence of information provided by the Government, the Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It yet again asks the Government to provide information on the measures envisaged or taken through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour, especially those who are self-employed as well as those engaged in domestic work, and in prostitution.

Clause (e). Take account of the special situation of girls. Noting that the Government has provided no information, the Committee once again asks the Government to provide more information on the number of girls targeted by the COBET programme.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that no specific authority has been designed for the implementation of the provisions giving effect to the Convention because this remains the responsibility of the central Government, as these strategies fall within the overall National Development Plan.

Article 8. International cooperation and assistance. The Committee noted that the Government had other objectives for 2010 in the National Development Vision 2025 and the Poverty Reduction Strategy Paper (PRSP) specifically relevant to child labour, which include a reduction of absolute poverty by 50 per cent (current absolute poverty is estimated at 43 per cent of the population) and the reduction of unemployment rates to less than 10 per cent. The Committee takes due note of the Government’s indication that the TBP, which targets four sectors, has been integrated in the National Development Vision on Poverty reduction, HIV/AIDS Control, Education and Employment Promotion.

Parts IV and V of the report form. Noting the information provided by the Government in its report on the TBP, the Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, as well as information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 139A(1)(b) of the Penal Code, as added by section 14 of the Sexual Offences Special Provisions Act, 1998, deals with trafficking in persons. According to this provision, any person who for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration: (i) arranges for, or assists a child to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian; or (iv) engages in procuring children from hospitals, shelters for women, clinics, nurseries, day care centres, or other child care institutions or welfare centres, for money or other consideration, commits the offence of trafficking. According to subsection (2) of section 139A of the Code, a "child" means a person of the age of 18 years or less. The Committee observes that section 139A(1)(b)(i) of the Penal Code, while dealing with the trafficking of children within or outside the United Republic of Tanzania, refers only to the trafficking of children "without" the consent of their parent or guardian. The Committee requests the Government to indicate in what way trafficking in children is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

The Committee notes that section 139 of the Penal Code, as amended by section 13 of the Sexual Offences Special Provisions Act, 1998, deal with trafficking in children for sexual exploitation. According to this provision, it is an offence for a person to: (b) procure or attempt to procure, any person under 18 years of age, to leave the United Republic, whether with or without the consent of that person, with a view to the facilitation of prohibited sexual intercourse with any person outside the United Republic, or remove or attempt to remove from the United Republic that person, whether with or without the consent of that person, for that purpose; and (d) bring or attempt to bring into the United Republic, any person under the age of 18 years with a view to prohibited sexual intercourse with any other person, inside or outside the United Republic.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that sections 254 and 255 of the Penal Code contain provisions related to slavery. Thus, section 254 of the Code states that it is an offence for any person to import, export, remove, buy, sell or dispose of any person as a slave, or accept, receive or detain against his will any person as a slave. Section 255 of the Code further imposes a penalty on any person, who habitually imports, exports, removes, buys, sells, traffics or deals in slaves. Moreover, the Committee notes that Part X of the Employment Ordinance (Cap. 366) specifically deals with forced labour. In this regard, section 122 of the Employment Ordinance provides that, any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his benefit or for the benefit of any other person shall commit an offence against this Ordinance. Section 123 of the Ordinance further states that no forced labour shall be imposed or permitted for the benefit of private persons. According to section 121 of the Ordinance, the expression "forced labour"means all work or service, which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. This section excludes the service or work exacted by virtue of any compulsory military service; as a consequence of a conviction in a court of law; any work exacted in case of emergency; and such other communal services done under a civic obligation. Finally, according to section 256 of the Penal Code, any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.

3. Compulsory recruitment of children for use in armed conflict. By virtue of section 29(4) of the National Defence Act, 1966, no person under the apparent age of 18 years shall be enrolled in the defence forces without the consent in writing of one of his parents or his guardian or where the parents or guardian are dead or unknown, by the area commissioner of the district in which such person resides. According to section 2, the National Defence Act, 1966 applies to Zanzibar as well. The Committee notes that in its initial report to the Committee on the Rights of the Child in September 2000 (CRC/C/8/Add.14/Rev.1, paragraph 346), the Government stated that it had participated in only one war in which children were not involved as soldiers. The Government also indicates that the United Republic of Tanzania has not been involved in armed conflicts inside its boundaries. However, the Committee notes from the report of the United Nations Secretary-General on Children and armed conflict in November 2003 (United Nations document A/58/546 - S/2003/1053, paragraph 47), that armed opposition groups have recruited children from refugee camps in the western part of the United Republic of Tanzania. The Committee asks the Government to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 139 of the Penal Code, as amended by section 13 of the Sexual Offences Special Provisions Act, 1998, deals with procuration for prostitution. According to this provision, it is an offence for a person to: (a) procure or attempt to procure any person, whether male or female of whatever age, whether with or without the consent of that person, to become, within or outside the United Republic, a prostitute; or (c) procure or attempt to procure any person of whatever age, to leave the United Republic, whether with or without the consent of that person, with intent that that person may become an inmate of or frequent a brothel elsewhere, or removes or attempts to remove from the United Republic any such person, whether with or without the consent of that person for that purpose; or (e) procure or attempt to procure any person of whatever age, whether with or without the consent of that person, to leave that person’s usual place of abode in the United Republic, that place not being a brothel, with intent that that person may, for the purposes of prostitution, become the inmate of, or frequent a brothel within or outside the United Republic.

2. Use, procuring of offering a child for the production of pornography or for pornographic performances. The Committee notes that section 138B(1) of the Penal Code, as amended by section 12 of the Sexual Offences Special Provisions Act, 1998, deals with the sexual exploitation of children. According to this section, any person who: (a) knowingly permits any child to remain in any premises, for the purpose of causing such child to participate in any obscene or indecent exhibition or show; or (b) acts as a procurer of a child for the purposes of any indecent exhibition; or (c) induces a person to be a client of a child for any indecent exhibition or show, by means of print or other media, oral advertisements or other similar means; or (d) takes advantage of his influence over, or his relationship to a child, to procure the child for any indecent exhibition or show; or (e) threatens or uses violence towards a child to procure the child for any indecent exhibition or show; or (f) gives monetary consideration, goods or other benefits to a child or his parents with intent to procure the child for any indecent exhibition or show commits the offence of sexual exploitation of children. Under subsection (2) of section 138B, a "child" means a person of the age of less than 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee takes note of the Drugs and Prevention of Illicit Traffic and Drugs Act, 1995, which is applicable to any person, and also applies to Zanzibar. It observes, however, that there appears to be no specific provision in the Act or in the national legislation that prohibits the use, procuring or offering of a child for illicit activities. The Committee reminds the Government that by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. According to section 48(2) of the Employment Ordinance (Cap. 366), no young person is capable of entering into a contract, except for employment approved by the competent officers, as not being injurious to the moral or physical development of non-adults. Under section 79(1) of the Ordinance, no child (a person under 15 years) or young person (a person between 15 and 18 years) shall be employed in any employment which is injurious to health, dangerous or otherwise unsuitable. Section 83 of the Ordinance, as amended by section 5 of Act No. 5/1969, prohibits the employment of young persons in any industrial undertaking between the hours of 6 p.m. and 6 a.m., except on work, which by its nature is required to be carried out continuously on day and night (manufacture of iron and steel, glass works, manufacture of paper, manufacture of raw sugar, mining, reduction, extraction or preparation work), or in cases of emergency, which could not have been controlled or foreseen. Moreover, according to section 88 of the Ordinance, no young person shall be employed underground in any mine unless with a medical certificate. By virtue of sections 90 and 91 respectively, no young person shall be employed in any ship, or as a trimmer or stoker. Section 96(3) and (5) of the Merchant Shipping Act, 1967, prohibits the employment of a young person between 15 and 18 years in any capacity in any ship, and on any vessel as a trimmer or stoker. Under section 24 of the Factories (Building Operations and Works of Engineering Construction) Rules, 1985, a vehicle, power-driven capstan or haulage winch shall be driven or operated only by a trained and competent person who has attained the age of 18. Finally, by virtue of section 82 of the Rules, no person who is not trained and competent, or is under the age of 18 years, shall drive or operate a crane or other lifting appliance.

The Committee notes that in Zanzibar, the Employment of Children, Young Persons and Adolescents (Restriction) Decree (Cap. 56) contains provisions prohibiting and restricting the employment of children and young persons, which are almost similar to the provisions of the Tanzanian Employment Ordinance (Cap. 366). Sections 4, 7, 13, 14 and 16 are relevant. It also notes that the Labour Act, 1997, of Zanzibar contains provisions concerning the employment of children (section 116) and conditions of employment of young persons (section 117).

The Committee observes that section 83 of the Employment Ordinance of Mainland Tanzania, while prohibiting the employment of young persons in industrial undertakings during the night, exempts certain undertakings, which require continuous work during day and night. Thus, children below 18 years may be employed during the night in undertakings for work such as the manufacture of iron, steel, glass works, paper, raw sugar, mining, etc. The Committee points out that the Convention does not provide for exceptions for hazardous work. It notes nevertheless that the draft Employment and Labour Relations Act for Mainland Tanzania, and the draft Employment Act for Zanzibar, on which the Office has provided its comments, and both of which contain a general prohibition of hazardous work for persons under 18 years will be adopted shortly. The Committee requests the Government to provide information on progress made in this regard and to provide a copy of both laws once they are adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s statement that the types of work referred to under Article 3(d) include work in commercial agriculture, mining, domestic services and commercial sexual exploitation involving children under 18 years. The Committee observes that these types of hazardous work do not appear to be specifically listed in any legislation. However, according to the information available at the Office, under the auspices of the ILO/IPEC’s Time-Bound Programme (TBP), a first tripartite consultation took place on 12 March 2004 in order to explore the necessary steps towards determining a list of hazardous activities and occupations to be prohibited to persons under 18 years. The Committee also notes that the draft document was presented and discussed during the tripartite consultation, and provides for an overview of the types of hazardous work in the United Republic of Tanzania. Moreover, the Committee observes that in its recommendations, the draft document gives a list of the types of hazardous work which by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children. This list indicates the following types of hazardous work: any work in agriculture, mining, and construction, the informal sector including retail, manufacturing, repair, and constructions service, child prostitution, pornography, domestic work, bar/restaurant/guest house keeping, dumpsite scavenging and street hawking. The Committee observes that the types of hazardous work include the sectors targeted by the TBP. It requests the Government to provide information on any progress made towards adopting the above list of hazardous work.

Paragraph 2. Identification of hazardous work. The Committee notes from the project document entitled "Supporting the Time-Bound Programme on the Worst Forms of Child Labour in the United Republic of Tanzania" that the Government has identified where the types of hazardous work, so determined exist. Hence, the four sectors selected as priority target groups for the TBP initiative, namely prostitution, the domestic service, the mining sector, and commercial agriculture have been identified as those where hazardous work exists.

Paragraph 3. Periodical examination and revision of the types of hazardous work. The Committee notes the Government’s indication that the list of the worst forms of hazardous child labour will be periodically examined.

Article 5. Monitoring mechanisms. The Committee notes that, for the purpose of monitoring and coordinating the intervention activities against the worst forms of child labour, the Government has established the National Inter-sectoral Coordination Committee (NISCC) at the national level, with representation by the employer’s association, trade union organizations, key government ministries and the non-governmental organizations. The NISCC consists of four subcommittees, namely: on commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. The first three committees are responsible for advising on interventions in their respective sectors while the technical committee (also called as "Technical team for programming") is vested with the responsibility of technically advising on the best and appropriate interventions for the sustainable elimination of the worst forms of child labour. The NISCC meets once in three months or at times of emergency to discuss issues pertaining to the implementation of the activities against the worst forms of child labour including approval of action programme proposals submitted by the actors. The Committee also notes that at the local/district level, the Government has established the District Child Labour Committees (DCLC) which oversee the intervention activities against the worst forms of child labour. The DCLC consists of all key stakeholders including local government officials of the districts. The Committee requests the Government to provide information on the functioning of the NISCC and the four subcommittees, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that all action programmes against the worst forms of child labour have to be discussed by concerned sectoral subcommittees and the technical subcommittee and approved by the National Inter-sectoral Coordination Committee. As the National Inter-sectoral Coordination Committee involves all the tripartite partners and other groups (NGO), all approved programmes accommodate the views of all groups. The Committee requests the Government to provide information on any programmes of action approved by the National Inter-sectoral Coordination Committee for the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Under section 254 of the Penal Code, any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for seven years. Section 255 of the Penal Code imposes a penalty of imprisonment of ten years on any person, who habitually imports, exports, removes, buys, sells, traffics or deals in slaves. Section 122 of the Employment Ordinance provides that, any person who exacts or imposes forced labour of any other person shall commit an offence and shall be liable upon conviction to a fine not exceeding 2,000 shillings or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment. According to section 139A of the Penal Code, any person who commits the offence of trafficking is liable on conviction to imprisonment for a term not less than 20 years and not exceeding 30 years and a fine of not less than 100,000 shillings and not exceeding 300,000 shillings or to both the fine and imprisonment and shall, in addition, be ordered to pay compensation of an amount to be determined by the court, to the person in respect of whom the offence was committed. By virtue of section 139 of the Penal Code, any person who commits the offence of procuration for prostitution is liable on conviction to imprisonment for a term of not less than ten years and not exceeding 20 years or to a fine of not less than 100,000 shillings and not exceeding 300,000 shillings or to both the fine and imprisonment. Under section 138B of the Penal Code, any person who commits the offence of sexual exploitation of children is liable upon conviction to imprisonment for a term of not less than five years and not exceeding 20 years. Section 154 of the Employment Act (Cap. 366), states that, any person who commits an offence against this Ordinance for which no penalty is expressly provided shall be liable upon conviction to a fine not exceeding 2,000 shillings (approximately US$1.8) and in the case of a second or subsequent offence against the same provision of this Ordinance to a fine not exceeding 3,000 shillings or to imprisonment for a term not exceeding three months or both. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant national provisions. Moreover, the Committee observes that, due to devaluation, most monetary penalties mentioned in the legislation have become very low. It asks the Government to provide information on measures taken or envisaged to review these monetary penalties in the light of the current value of the national currency.

Paragraph 2. Effective and time-bound measures. The Committee notes with interest that the Government demonstrated its initial commitment to the elimination of worst forms of child labour by choosing to become one of the first three countries to design and implement a Time-Bound Programme (TBP). In late April 2001, a national round table on the worst forms of child labour, particularly on hazardous work, was held with a wide range of social partners and high-level government participation. During this national round table, four sectors were selected as priority target groups for the TBP initiative, namely prostitution, the domestic service, the mining sector and commercial agriculture including tea, coffee and tobacco. Moreover, the Committee notes that, in order to develop a more comprehensive overview of the selected sectors and others, ILO/IPEC undertook eight rapid assessments in the United Republic of Tanzania investigating the worst forms of child labour in the informal sector, mining, prostitution, commercial agriculture including tea, coffee and tobacco, in the horticultural sector, and on HIV/AIDS. The Government indicates that the strategies adopted include awareness raising and community mobilization, capacity building of poor families whose children are working or at risk of entering into the worst forms of child labour, withdrawing and providing them with suitable alternatives, e.g. education and skills. The Committee notes with interest that the Government has set targets of reducing the involvement of children in the above sectors by 75 per cent by the year 2005 and of eradicating the problem completely by the year 2010. To contribute to this goal, the TBP will follow a dual strategy of helping to mobilize the largest possible coalition of partners and resources for scaling up interventions while initially focussing on currently available resources in a limited number of sectors and districts, with a view to rapidly demonstrate results. The Committee requests the Government to provide information on the results achieved in reducing the involvement of children in the four sectors selected.

Clause (a). Prevent the engagement of children in the worst forms of child labour. According to the project document entitled "Supporting the time-bound programme on the worst forms of child labour in the United Republic of Tanzania", between 300,000 and 500,000 children are at risk in the four sectors targeted by the TBP. The number of direct beneficiaries of this project is restricted by the available resources. Thus, about 30,000 children under the age of 18 years will be prevented from engaging in, or withdrawn from hazardous working conditions associated with the selected priority sectors and will benefit from the transitional education, vocational education and other services; and about 15,000 children under the age of 18 years will be prevented from undertaking such work through enrolment drives, increased awareness, school feeding programmes and economic empowerment of target families. According to the information available at the Office, a total of five action programmes are being implemented by the Child Labour Unit (CLU) for building the capacity of district officials in the planning and implementation of activities regarding child labour and its worst forms for: (i) the prevention and withdrawal of 5,000 children from prostitution; (ii) the prevention and withdrawal of 7,500 children in domestic services; and (iii) the prevention and withdrawal of child workers in commercial agriculture. In addition, three action programmes have been approved by the NISCC technical subcommittee and submitted to ILO/IPEC, Geneva, for clearance. These include: (a) the prevention and withdrawal of 2,500 children in the mining sector; (b) vocational education and skill training for 3,000 children by the Vocational Education Training Authority; and (c) the provision of transitional education by the Complementary Basic Education and Training Programme (COBET) for 15,000 children identified for prevention. The Committee requests the Government to provide information on the impact of the abovementioned five action programmes on preventing children under 18 from engaging in the worst forms of child labour in the four sectors targeted by the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, according to the project document mentioned above, a wide range of direct support has been given to partners to withdraw working children from hazardous work in mining sites (with UK-DFID support), domestic services, street work and prostitution. Moreover, the United Republic of Tanzania is one of the five countries (along with Kenya, Malawi, Uganda and Zambia) participating in a Subregional Project (2001-04) on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector. The Committee also notes that ILO/IPEC has been supporting the Kiota Women Health and Development Organization (KIWOHEDE), to address the problem of children in prostitution and, in the last few years, has implemented several direct action programmes to rehabilitate the victims withdrawn from prostitution. KIWOHEDE, through group counselling has withdrawn 240 girls from prostitution who has been reintegrated into basic education and vocational training. The Conservation, Hotels, Domestic and Allied Workers Union (CHODAWU), with ILO/IPEC support have withdrawn 1,000 children from domestic services and provided them with alternatives. The Committee requests the Government to provide information on the achievements of the TBP, and its impact with regard to removing children in the worst forms of child labour in the four sectors targeted by the TBP, and providing for their rehabilitation and social integration.

Clause (c). Access to free basic education. Section 35 of the National Education Act, 1978, provides for compulsory primary education for every child that has attained the age of 7 years and requires the parent or parents of every child enrolled for primary education to ensure that the child regularly attends primary school until he completes the primary education. According to section 2 of the Act, primary education is defined as "full-time education given during the first seven years". In the United Republic of Tanzania, primary education is free and compulsory for all children who are 7 years old but not yet 13. The United Republic of Tanzania’s Basic Education Master Plan aims to achieve universal access to basic education, increase primary school gross enrolment and ensure that at least 80 per cent of children complete primary school education by the age of 15. Currently, there are only two programmes in place targeting the out-of-school population. The first is the Complementary Basic Education and Training Programme (COBET), which is a special programme for children: (i) whose age is above enrolment age; (ii) who have been withdrawn from labour; or (iii) who could not be enrolled on the basis of gender discrimination or for lack of school fees. The second programme is the Appropriate Cost-effective Centres of Education within the School System (ACCESS). The Committee notes that ILO/IPEC Tanzania, through a regional programme entitled "Action against child labour through education and training" has worked with teachers and their organizations to use education as a tool for: creating awareness of child labour issues; strengthening the quality, relevance and accessibility of education for children at higher risks of child labour; influencing national policy programmes and budgets on education to better reflect child labour concerns; and addressing the issues that will make quality education relevant, accessible and free for all children.

Clause (d). Identify and reach out to children at special risk. The HIV/AIDS pandemic is affecting every community in the United Republic of Tanzania. According to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people are believed to be affected in the United Republic of Tanzania. The Committee notes that according to the Rapid Assessment document entitled "HIV/AIDS and child labour in the United Republic of Tanzania", more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. About 70 per cent of orphaned children were involved in self-employment, 60 per cent in domestic work and 55 per cent in prostitution. Among those engaged in prostitution, close to 60 per cent of the children were aged 15 years or younger. In the domestic service, this was true of about 30 per cent of children and in self-employment, about 40 per cent of children were below 15 years. The United Republic of Tanzania has formulated a national policy on HIV/AIDS and the Tanzania Commission for AIDS (TACAIDS) was established to regulate the roles of the various actors in containing the HIV/AIDS pandemic. The Committee asks the Government to provide information on the measures envisaged or taken through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour, especially those who are self-employed as well as those engaged in domestic work, and in prostitution.

Clause (e). Take account of the special situation of girls. The Committee notes that COBET provides for the education of children, especially girls who could not be enrolled on the basis of gender discrimination. It asks the Government to provide more information on the number of girls targeted by the COBET programme.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government that no specific authority has been designated for the implementation of the provisions giving effect to this Convention. The responsibility remains with the central Government as these strategies fall within the overall National Development Plan. The Committee requests the Government to indicate by what methods such implementation is supervised.

Article 8. International cooperation and/or assistance. The Committee notes that the Government has other objectives for 2010 in the National Development Vision 2025 and the Poverty Reduction Strategy Paper (PRSP) specifically relevant to child labour which include, a reduction of absolute poverty by 50 per cent (current absolute poverty is estimated at 43 per cent of the population) and the reduction of unemployment rates to less than 10 per cent. The United Republic of Tanzania is among the 17 African countries implementing a joint ILO/UNDP funded regional project entitled "Jobs in Africa - Poverty Reducing Employment Strategies for Africa" (JFA-PRESA). A number of key donor agencies at the national level such as UNICEF, the African Development Bank (ADB), World Food Programme (WFP) and DANIDA have committed to join the partnership and work together with ILO/IPEC and the Government in addressing the problem of the worst forms of child labour. Moreover, the Committee notes the Government’s indication that it, with other East African countries of Uganda and Kenya, is undertaking a programme entitled "Strengthen Labour Relations in East Africa" (SLAREA) with the support of ILO. The programme is intended to strengthen the economies of the three countries through harmonizing laws governing labour relations. Furthermore, the Committee notes that the United Republic of Tanzania is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to supply in its future reports any relevant information on international cooperation and/or assistance received to tackle the worst forms of child labour. Noting that the poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee also requests the Government to supply information on any notable impact of such poverty reduction programmes (PRSP and JFA-PRESA) on eliminating the worst forms of child labour.

Parts IV and V of the report form. According to the Government’s report, there are no difficulties in the application of the Convention. The Committee notes however that according to the preliminary data from the first round of the IPEC sponsored 2000-01 Child Labour Survey, only 58 per cent of the estimated 12.4 million children aged 5-17 years were at school, whilst 39 per cent were engaged in economic activities or housekeeping. In an effort to investigate the worst forms of child labour, ILO/IPEC has conducted eight rapid assessments in the United Republic of Tanzania, concerning children in prostitution; children working in commercial agriculture - tea, tobacco, coffee; child labour in mining; child labour in the informal sector; child labour in the horticultural sector; and in HIV/AIDS. The rapid assessment studies suggest a significant number of children engaged in the worst forms of child labour. The Committee notes from the information contained in the TBP project document that the problem of child prostitution is on the rise especially in the high-density urban and sub-urban areas. Studies carried out in the key locations in four regions (Ruvuma, Mwanza, Dar es Salaam and Singida) show that an estimated 2,000-3,000 children are engaged in prostitution including girls as young as 9 years. A conservative estimate of 132,000 children are at risk from the worst forms of child labour in domestic services. The largest group of children in the mining sector are those aged between 14-17 years who accounted for 59 per cent of the total children interviewed. Girls in this sector were less (19.7 per cent) compared to boys (80.3 per cent). Children as young as 10 years were involved in the drilling of rocks, washing of rock dust, and collecting and carrying pieces of crushed rocks. A total of 82,850 children aged 5-17 years are estimated to be working in the commercial agriculture sector (tea, tobacco and coffee).

Moreover, the Committee notes the information provided by the Government in its report that a total of 2,671 boys and girls have been identified and withdrawn from labour and provided with alternatives. Eight hundred poor families have been supported to undertake income-generating activities. The Government also indicates that it expects to identify and withdraw more children under the TBP. The Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions and convictions. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.