Forced Labour Convention, 1930 (No. 29) - United Republic of Tanzania (Ratification: 1962)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative reiterated that which it had already stated last year, to the effect that in practice there was no forced labour per se in his country. The national Constitution prohibited forced labour, and the constitutional amendment which will enter into force on 1 July 1992 will include legislative changes. A draft Bill will be submitted to the National Assembly during its next session, which will amend certain existing anomalies in order to ensure the conformity of the legislation with the Convention. He pointed out that a copy of the draft had been supplied to the ILO and that it was not appropriate, as the draft had not been adopted, to discuss its contents in detail. He assured the Committee that his Government intended to comply with all the instruments which it had ratified. He indicated that the constitutional amendments had brought about fundamental changes relating to Convention No. 87, which had not been ratified by his country.

The Workers' members recalled that at the preceding Conference the Government had acknowledged that the observations of the Committee of Experts were justified, and promised to amend the legislation in order to bring it into conformity with the Convention. A new Act on unemployment should have been submitted to the National Assembly in December of last year; the report of the Committee of Experts indicated that the Government had not supplied any information in respect of this matter. The Workers' members requested the Government representative to specify whether or not the Government had sent the ILO the draft of this Act. In 1971, 1980 and 1981 this case had been included in special paragraphs of the reports of this Committee. In its report of this year, the Committee of Experts had reiterated the comments which had been made for a number of years, and had summarised the situation in the following manner: "The Committee cannot but express its concern at the institutionalised and systematic compulsion to work established in law at all levels, from the national Constitution through Acts of Parliament to District by-laws". The Committee also referred in its report to new legislative texts of 1989 and 1990 which established a policy of forced participation, that was referred to as community development. This indicated that the provisions that were contrary to the Convention had not only not been repealed, but had also been confirmed, and that this situation truly concerned them, given the seriousness of these problems. They regretted that the information had not been supplied on time so that the Experts could have examined and indicated its view of the state of the legislation. They hoped that the conclusions would be as firm as possible.

The Employers' members considered that they were in the same situation as in the previous year, the only difference being that perhaps a copy of the legislation had been supplied to the ILO. They considered that the Committee was dealing with important questions relating to Convention No. 29, such as the general obligation to work and forced labour for the purposes of development and public works. They did not clearly understand whether a draft of the new Labour Code had been sent to the ILO which would modify various Acts, including the Human Resources Employment Act and the Resettlement of Offenders Act. They regretted that the Committee of Experts had not received the information that was necessary to make an observation on this case. They emphasised that this case had been discussed for a decade, and that the result remained the same.

A Workers' member of the Netherlands stated that he wished to ask the Government representative the same question which he had raised 15 years ago when this case had been discussed: what problems did the Government have in changing the law? He recalled that on several occasions the ILO had sent technical assistance to Tanzania in order to resolve the case. The Government representative had stated that there was no forced labour in Tanzania; in the past, many promises had been made about the changes that would occur. He asked why the Government would be able this year to fulfil the promises which it had not been able to fulfil in previous years.

The Government representative, in response to the questions raised, stated that an interministerial technical committee was responsible for the consolidation of three labour Acts which would revoke the Employment Ordinance No. 366 of 1952 as amended. This project was suspended while modifications of the Constitution were taking place, so that the necessary changes in the draft could be introduced. The copy of the draft had been sent to the ILO approximately two months ago, and his Government was waiting for the comments of the Office as well as the comments of the workers' union which had been re-established as a free trade union. He hoped that the draft would be submitted to the National Assembly during its next session in October of this year.

A Workers' member of Liberia asked if there were any Workers' delegates from Tanzania on the Committee who could provide testimony as to the truth of the statements of the Government representatives. He asked the Government to encourage the participation of trade unions so that they could participate on the Committee and clarify several aspects of the discussion. The Government representative reiterated that the draft had not been submitted to the National Assembly in the period during which the constitutional amendments were being undertaken. He stated that his Government was at the same time providing the free trade union movement, that had been established effective 1 December 1919, with the opportunity to make observations, comments and suggestions that it considered necessary for inclusion in the draft.

The Committee took due note of the information supplied by the Government representative. It stated that it was distressed at the lack of progress that had been made on the subject-matter which had been discussed by the Committee for very many years. It understood that the constitutional amendments had delayed the materialisation of the intention expressed by the Government to amend its legislation. It also noted that a Bill to amend those laws would be tabled before Parliament during its next session, which would start in the spring of 1993. It strongly urged the Government to take all measures to bring that Bill before Parliament shortly, and to send a copy of the same to the ILO at the same time, in order that the Committee could once again study the situation at its next session.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

A Government representative expressed his Government's gratitude to the ILO and its staff for the technical and financial assistance extended to it, which had enabled the Ministry of Labour and Youth Development to achieve some progress in its desire to fulfil its obligations although belatedly. An ILO expert had returned to Tanzania in 1991 to finish the drafting of a new Employment Act which consolidated three pieces of labour legislation (the Employment Ordinance of 1952, the Security of Employment Act of 1964 and the Severance Allowance Act of 1964) and which took account of the observations of the Committee of Experts. The text had been simultaneously submitted to the Attorney-General's Department and the competent authorities within the Government in May 1991 and was expected to be tabled before the National Assembly before the end of the year. He stressed that the new text would repeal the 1964 Acts. Interministerial consultations were progressing successfully, particularly following assistance from the ILO expert, towards amending the relevant sections of the Local Government (District Authorities) Act, 1982, the Resettlement of Offenders Act, 1969, and the Regulations made thereunder, the Human Resources Deployment Act, 1983, as well as other instruments of concern. These were: the Penal Code (sections 284A and 176(g)), the Newspaper Act (section 25), the Merchant Shipping Act (sections 145(1) and 147) and the Permanent Labour Tribunal Act (sections 4, 8, 11 and 27). Forced labour was not practised in his country, and he recalled that the Afro-Shirazi Party Decree No. 11 of 1965 had been revoked.

The Workers' members noted that this case was one where the necessary action had been delayed too long: the Committee of Experts had been commenting on these two Conventions since 1981 and had repeated their serious observations in 1982, 1984, 1987, 1988, 1989 and 1990. The present Committee had discussed the case on five of those occasions, including a serious discussion last year. In both 1980 and 1981, the United Republic of Tanzania had been the subject of a special paragraph of this Committee's report for serious lack of compliance with these two Conventions, in an attempt to stimulate some action. And yet this year's comments were the same, despite the promises made during last year's discussion of the case in the present Committee. Last year's conclusions had noted that the case was a serious one and expressed the firm hope for speedy action, failing which a different course of action might have to be taken. The Committee of Experts noted that the Labour Law Review Committee had recommended that its comments receive immediate attention and yet the National Assembly had not yet revised the laws. The Government representative added that texts had been prepared with the assistance of the ILO which, once again, were going to be presented before the Assembly, but that had not yet been completed. The Workers' members were disappointed and concerned at this deplorable situation and the slow pace towards change. They urged the Government, through the Government representative, to expediate matters as a result of discussions here.

The Employers' members recalled that a number of problems were involved. As for Convention No. 29, there were many provisions concerning forced labour under various circumstances, such as compulsory cultivation of land and the general involvement of the population in different forms of labour, failing which punishment was inflicted. The Government representative had mentioned legislative revision in the near future, but already in 1984 amendments had been announced and in 1987 the Government had simply stated that there were no cases that had led to legal sanctions. They therefore felt that this represented a step backwards away from the recongition of a few years earlier that amendments were required. As for Convention No. 105, the Employers again noted the announcement of amendments, but that no details had been given. The problems here involved, as regarded Tanganyika, both general laws allowing the possibility of forced labour, as well as specific laws such as the Merchant Shipping Act which provided for punishment of violations of labour discipline. Therefore, the amendment of the labour law would not lead to any real breakthrough since there were many different pieces of legislation involved. The problem in Zanzibar was linked to the one-party state system, the sanctions of which were applied to members in political parties - which were declared illegal. The Government representative had not spoken on this point, although the Experts had asked a number of direct questions. Although ILO assistance had been mentioned on several occasions, it had not yet led to any clear or comprehensive concept that would bring an end to the very many violations of these two Conventions. As this case had been discussed for ten years, the Employers' members addressed an urgent appeal to the Government to remedy the situation and suggested that, if the current situation was not corrected in the very near future, this Committee might have to adopt other measures.

The Government representative noted the comments that had been made and pointed out that the consolidation of the labour legislation was taking time. He hoped that in the near future his Government would fulfil its obligations as required.

The Committee noted the report of the Committee of Experts and the information supplied by the Government representative, as well as the discussion which had taken place. It expressed its serious concern at the situation in the United Republic of Tanzania regarding the application of the Conventions on forced labour. In this respect, the Committee recalled that the serious problems raised by the Committee of Experts in its report had persisted for many years and had already been examined by it many times in the past, including in 1990. Noting the Government's indications in its report and its explanations before the present Committee to the effect that the observations of the Committee of Experts had been duly taken into account in the legislative reform under way, the Committee expressed the firm hope that the Government would take, without delay, the necessary measures so as to ensure compliance with the conventions concerning the abolition of forced labour. It expressed the strong hope that the Government would supply full and detailed information on the legislative amendments adopted or planned to repeal all the provisions which permitted the imposition of forced or compulsory labour as covered by the Conventions, and that this would be done in time so that the Committee could examine them at its next meeting.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

See also under Convention No. 105, as follows:

In addition, a Government representative indicated that his Government considered the observations of the Committee of Experts to be valid and fundamental. His Government had earlier indicated its intention to have the labour laws revised so as to ensure compliance with the Convention; this exercise, which had been delayed due to economic problems, was taking place in two parts. The first covered the revision of labour laws. The draft texts of the revised laws had already been debated by the employers' and workers' organisations and before the Labour Advisory Board. The Government was now working on the schedules which would include the consequential amendments to other legislative texts. The draft was to be tabled before the National Assembly as soon as practicable. The draft had also been sent to the ILO, which was to be thanked for the technical assistance rendered in drafting the new Employment Code. The second part of the review exercise covered other legislation which required extensive inter-ministerial consultations. This second part had also been noted by the Committee of Experts in that it had asked the Government to indicate what efforts had been made to amend other legislation as previously indicated by the Government. This exercise had unfortunately taken a number of years to accomplish; the Ministry of Labour and the Labour Law Review Committee of the Law Reform Commission of the Government, on which employers' and workers' organisations were represented, were now working on a final report to be submitted to the Government for further action. The Labour Law Review Committee, at its most recent meeting held in April 1990, had included among its recommendations, the comments and observations of the Committee of Experts, as issues that needed immediate attention.

The Employers' members recalled that this was the fifth time that this case had been discussed in the past ten years. The last occasion when it had been discussed had been in 1987. At that time the Committee had stressed the need for quick action on the part of the Government and had, in particular, stressed the need for ILO technical assistance. It appeared that the Government had availed itself of that technical assistance in drafting the legislation. They were pleased that a draft of the legislation had been submitted to the ILO for review and comment. However, the pace of action was quite slow, and the Government remained vague as to when this legislation would actually be before the legislature and when it could be expected to be enacted. There were at least five areas of significant deviation from the requirements of the Convention. These were: compulsory cultivation; the general obligation to work; a vagrancy statute; compulsory labour for public purposes and development schemes; and resettlement of persons, all of which involved forced and compulsory labour. The economic and social difficulties in which the Government found itself had to be understood but none the less, prompt and assertive attention needed to be given to the problem.

A Workers' member of Botswana associated himself with the statement of the Employers' member with regard to the action the Government was envisaging to bring its labour law into conformity with the Convention. This case had been before the present Committee for a very long time, despite the fact that in 1980-81 the Government of Tanzania had requested ILO assistance, which had been provided in 1982. One would have hoped that by this time the draft legislation referred to would have already been placed before the National Assembly for possible enactment. This Convention was very important, and one needed to look closely at national legislation providing for forced labour, which was at the heart of human rights' violations. As regarded, in particular, compulsory cultivation and the question of the general obligation to work, there was nothing wrong in a developing country wishing that its nationals actively participate in the development of their own country; however, this could not be expressed by imposing punitive measures on citizens who had opted not to take part in voluntary social work. Therefore it should be ensured that the draft legislation was placed before the National Assembly for enactment and for repeal of the provisions that were not in conformity with the Convention.

A Workers' member of the Netherlands noted the difficulties which had persisted for great number of years. The Government had requested technical difficulties appeared to have been removed. None the less, the case was discussed year after year, so he asked the Government representative whether there were some political impediments to changing the legislation.

A Workers' member of Liberia noted that the case had been under discussion for a considerably long time. On each occasion there had been replies that gave hope; by this time that hope should have been consummated by real action. The speaker asked whether the practice of compulsory cultivation still existed in Tanzania or whether the practice had been abolished and there was merely a lack of technical resources to bring the legislation into conformity with the abolition of compulsory labour.

The Government representative stated that his Government had received the assistance of the ILO in drafting the Employment Code in 1987, not in 1982, and the annotated draft had been received from the ILO expert in 1988. Since 1988, his Government had been working on this: the draft had been sent to the social partners for discussions; copies of the draft had been sent to Government officials in the regions and districts for their comments; and it took some time to receive these comments. After this, it had been necessary for all parties to meet again, and this work naturally took some time. It had been intended to submit the Employment Code to the National Assembly in April 1990, but when the regional adviser had examined it, he had made comments which needed to be taken into consideration. Therefore, it had not been possible to place this draft law before the present session of the National Assembly. He hoped that, after making some changes in accordance with the suggestions of the regional adviser, it might be possible to present it to the next session of the National Assembly. As for the question of using forced labour in compulsory cultivation and development schemes, he affirmed that in practice, nobody had been punished for failing to take part in these voluntary activities.

The Workers' members considered that the substance of the situation was relatively clear. The Government had repeatedly indicated its agreement on the need to amend a number of laws. The Government representative had even said that the Government agreed with the observations of the Committee of Experts. The Government had repeated its readiness to solve the problems raised, on the one hand, in the framework of the revision of labour legislation and, on the other hand, through other laws where co-ordination was necessary. The present Committee was faced with repeated promises and statements of intentions, and the slow pace at which the Government was proceeding to make the agreed changes called for comment. Noting that the Government was pleased with the technical assistance it had received from the ILO, concrete achievements should be expected now.

A Workers' member of Liberia observed that the Government representative had not stated categorically that there was no practice of forced labour. He had said that no citizen or cultivator had been punished for failing to participate in voluntary work. This meant that one could presume there was still, in law and practice, compulsory cultivation.

A Workers' member of the Netherlands repeated his question to the Government as to which kind of difficulties remained an obstacle to changing the legislation.

The Government representative stated that he did not think he was going to answer that question.

A Workers' member of the Soviet Union introduced the idea that the colonial heritage of monoculture in Africa could be relevant when considering the application of this Convention. A development based on monoculture had been imposed on these countries, which had led to a situation where the whole well-being of a country was dependent on the production of one crop. These one-crop situations were related to certain trade partners, and one could not end such cultivation merely by a change in legislation. Economic, financial and technologial factors, and even the psychology of agricultural workers needed to be taken into account.

The Government representative reiterated his Government's wish to amend those laws that were not in conformity with the Convention. He understood that the present Committee was very concerned with the promises made by his Government. The speaker hoped that in the future he would be able to indicate the measures actually taken and the relevant provisions adopted.

The Committee noted the information supplied by the Government, which did not substantially add to the information given in previous years. In view of the seriousness of the points raised in the report of the Committee of Experts, and taking into account the long period of time this Committee had been considering this matter, it expressed its firm hope that the Government would show next year that it had done everything in its power to fulfil its obligations under the Convention. The Committee, however, felt obliged to state that if this should not be the case, it might deal with the case in a different way next year.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

A Government representative stated that the Government intended to review all laws relating to labour and make amendments, if necessary, to provisions inconsistent with international obligations and the social and economic development of the country. A tripartite committee had been set up to look into the matter, headed by the International Labour Department of the Ministry of Labour and Manpower and including representatives of the employers' and workers' organisations. It was hoped the results of the Committee's work would be useful and would be given appropriate consideration.

The Workers' members considered that if the Government representative's promises were soon fulfilled, the discussion on this case could be closed. But promises had been made for several years in reports, information and contacts. While tripartite consultations were desirable they should none the less not go on for ever. The Committee of Experts' comments concerned important questions affecting many workers, especially in agriculture. Concrete results should be obtained as soon as possible, if necessary with ILO assistance, in the face of such serious problems.

The Employers' members noted that there were many provisions in national law allowing forced labour, which concerned large groups of the population, and that the situation had not changed much since 1984, when the Committee had already requested the Government to take measures as quickly as possible to ensure the final elimination of these problems. There should be quick action, if necessary with ILO assistance.

The Worker member of Pakistan drew attention to the explanations given in the Committee of Experts' 1979 general survey on the abolition of forced labour concerning legislation obliging all able-bodied citizens to engage in gainful occupation subject to penal sanctions, which were relevant to Tanzanian legislation, such as the Local Government (District Authorities) Act, 1982, the Human Resources Development Act, 1983, the Human Resources Deployment Order, 1984, the Ward Development Committee Act, 1969, and the Resettlement of Offenders Act, 1969. These were in clear contradiction to the forced labour Conventions and should be brought into conformity with these basic instruments.

The Government representative indicated that time was needed to scrutinise the laws and see whether they were inconsistent with other obligations.

The Workers' members took due note of this, but real progress needed to be made, even if by stages.

The Committee took note of the information provided by the Government representative. It recalled that the serious problems referred to in the Committee of Experts' comments had been outstanding for many years and discussed by the present Committee on several earlier occasions. The Committee again expressed the hope that the Government would endeavour to take the necessary measures in the near future and supply full information in this respect. The Committee hoped the Government would avail itself of the technical assistance of the ILO to remove these difficulties.

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. Monitoring mechanisms and protection of victims. In its previous comments, the Committee noted the establishment of the Anti-Trafficking Committee, which has the overall responsibility of coordinating the activities of Government departments and law enforcement organs responsible for matters relating to trafficking in persons. It also noted the adoption of the implementing regulations pursuant to section 37(f) of the Anti-Trafficking in Persons Act, including Regulations No. 27 on the establishment of centres for protection and assistance to victims and Regulations No. 28 on prevention, protection and treatment, as well as the launching of the National Anti-Trafficking Action Plan (2015–2017). The Committee further noted that, according to a study report, Dynamics of Trafficking in Persons in Tanzania, published in 2016 by the IOM, the majority of trafficking victims are young women and girls under 20 years of age. Moreover, according to the Government’s replies to the list of issues of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the most common forms of trafficking of women and girls is through the recruitment of girls to work in domestic work from rural areas, and the transportation of girls to the Gulf countries and China and by using recruitment agents (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 83). The Committee requested the Government to provide information on the implementation of the National Anti-Trafficking Action Plan (2015–2017) and the activities of the Anti-Trafficking Committee.

The Committee notes the Government’s information in its report that the National Anti-trafficking Action Plan was only partially implemented due to various factors including budget constraints. The Committee, however, notes the Government’s information on the measures taken by the Anti-Trafficking in Persons Secretariat within the framework of this National Plan: (i) conducted trainings for 702 key implementers of the Anti-Trafficking in Persons Act, including the members of the Anti-Trafficking Committee, police officers, immigration officers, public prosecutors, judges, magistrates, social welfare officers, local leaders and service providers; (ii) organized and commemorated the World Day against trafficking in Persons in Dar es Salem on 30 July 2018, which was attended by more than 500 people, including national leaders, representatives from various national and international organisations, key stakeholders and the general public; (iii) developed and disseminated brochures to key stakeholders and the general public, particularly the most vulnerable groups such as women and children, to raise awareness of trafficking; and (iv) convened a national dialogue with key stakeholders to discuss various issues related to trafficking in persons. The Committee further notes the Government’s information that a revised National Anti-Trafficking Action Plan (2018–2021) was launched on the World Day against Trafficking in persons.

The Committee notes from the National Anti-Trafficking in Persons Action Plan (2018–2021) document that during the implementation of the first Action Plan, the Anti-Trafficking Secretariat rescued and provided shelter, basic services and vocational training to 186 victims of trafficking (185 female victims and one victim). It also notes from this document that the new Action Plan has included eight strategic actions which prioritize key intervention areas of implementation such as policy, legislation and institutional mechanisms; capacity-building for skills enhancement; prevention and public awareness-raising; victim and witness support and protection; communication, coordination and cooperation; and research and information sharing. The Committee requests the Government to continue providing information on the implementation of the National Anti-trafficking in Persons Action Plan (2018–2021), including the specific measures taken to combat trafficking in persons and their impact. It also requests the Government to continue to provide information on the measures taken pursuant to Regulations Nos 27 and 28 on the assistance and services provided to victims of trafficking, including statistical data and the description of services provided.

2. Imposition of compulsory labour for economic development and public purposes. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in the national Constitution in contradiction with the Convention. In this connection, the Committee has referred to:

• -article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; and
• -article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.

The Government indicated that the Committee’s comments in this regard had been brought to the attention of relevant ministries, including the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. However, the Committee noted with concern that article 48 of the draft Constitution of 2013 appeared to contain wording similar to article 25 of the current Constitution, and did not address the issues raised by the Committee in this regard. The Government indicated that the new draft constitution had not yet been finalized pending a call for referendum.  Noting an absence of information in the Government’s report in this regard, the Committee once again requests the Government to provide information on any progress made regarding the review of the Constitution, and to provide a copy once adopted.

3. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. However, the Government stated that, in practice, career members of the armed forces enjoy the right to quit the service at their own request. The Committee also noted the Government’s information that according to Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of 1966, which provides for issues related to voluntary release, officers and other members of the military may resign at their own request. The Committee requested the Government to provide a copy of this Regulation. Noting that the Government has not provided a copy of this regulation, the Committee once again requests the Government to provide a copy of Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of 1966.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Penalties and law enforcement. The Committee previously noted that pursuant to section 4 of the Anti-Trafficking in Persons Act (No. 6 of 2008), trafficking in persons is an offence, punishable with a fine of between 5 million Tanzanian shillings (TZS) and TZS100 million (approximately US$3,172–$63,577), or to imprisonment for a term of not less than two years and not more than ten years, or both. Pursuant to section 5 of the Act, a person who promotes, procures or facilitates the commission of trafficking in persons commits an offence, and is liable to a fine of between TZS2 million and TZS50 million (approximately US$1,272–US$31,083), or to imprisonment for a term of not less than one year, but not more than seven years, or both. The Committee, however, noted from the Government’s replies to the list of issues of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in February 2015, an instance where an Indian national who was convicted of trafficking eight Nepalese girls was sentenced to ten years’ imprisonment or to pay a fine of TZS15 million. The perpetrator paid the fine and was released (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 84). Referring to paragraph 319 of the 2012 General Survey on the fundamental Conventions, the Committee recalled that, when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requested the Government to take the necessary measures to ensure that the Anti-Trafficking in Persons Act was applied effectively so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced in practice in all cases and to continue providing information on its application in practice.

The Committee notes the Government’s indication in its report that one of the recommendations that came up during the National Dialogue with key stakeholders convened in July 2018 was to review the provisions relating to penalties under the Anti-Trafficking in Persons Act and also to include the provision of “attempt” as one of the grounds in establishing the crime of trafficking during prosecution. The Committee further notes the Government’s information that from 2016 to 2018, 76 cases of trafficking in persons were reported, 50 cases were investigated and 60 persons were convicted. However, the Government report does not provide information on the penalties imposed on the persons convicted for the offences related to trafficking in persons. In this regard, the Committee requests the Government to take the necessary measures to ensure that in practice, sufficiently effective and dissuasive penalties are imposed and enforced against perpetrators in all cases related to the trafficking of persons. It also requests the Government to continue to provide information on the number of investigations, prosecutions and convictions related to trafficking in persons, as well as the specific penalties applied to those convicted. The Committee further requests the Government to provide information on any progress made with regard to the revision of the Anti-Trafficking Act.

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. Monitoring mechanisms and protection of victims. The Committee previously noted that the Anti-Trafficking Committee had been established with the overall responsibility of coordinating the activities of government departments and law enforcement organs responsible for matters relating to trafficking in persons. Moreover, draft implementing regulations had been developed for the approval of the Anti-Trafficking Committee and stakeholders, as had a National Anti-Trafficking Action Plan. Additionally, with support from the ILO and the International Organization for Migration (IOM), a directory of service providers for victims of human trafficking had been developed to provide information on available services.

The Committee notes the Government’s information in its report that the implementing regulations pursuant to section 37(f) of the Anti-Trafficking in Persons Act were adopted in 2015, including Regulations No. 27 on the establishment of centres for protection and assistance to victims and Regulations No. 28 on the prevention, protection and treatment. A new National Anti-Trafficking Action Plan (2015–17) was also launched. The Committee further notes that, according to a study report named “Dynamics of Trafficking in Persons in Tanzania” published in 2016 by the IOM, the majority of trafficking victims are young females under 20 years of age. According to the Government’s replies to the list of issues of the UN Committee on the Elimination of Discrimination against Women (CEDAW), the most common forms of trafficking of women and girls is through recruitment of girls to work in domestic work from rural areas, and the transportation of girls to the Gulf countries and China and by using recruitment agents (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 83). The Committee requests the Government to provide information on the implementation of the National Anti-Trafficking Action Plan (2015–17) and the activities of the Anti-Trafficking Committee. It also requests the Government to provide information on the application in practice of the two implementing Regulations on the identification and protection of trafficking victims, particularly women and girls, including the services available and the number of victims who received such services.

2. Imposition of compulsory labour for economic development and public purposes. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, acts of Parliament and district by-laws, in contradiction with the Convention. The Committee has referred in this connection to the following legislative provisions:

• – article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity;
• – the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
• – several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation building” and “enforcement of human resources deployment”, which provide for an obligation to work.

The Government indicated that the Committee’s comments in this regard had been brought to the attention of relevant ministries, including the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. However, the Committee noted with concern that article 48 of the draft Constitution of 2013 appears to contain wording similar to article 25 of the current Constitution, and does not address the issues raised by the Committee in this regard.

The Committee also noted by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the authorities had taken the decision to abolish development levies which were being implemented under the Local Governance Finance Act and that this Act had been listed among the identified laws to be addressed by the Task Force on Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s repeated statement that, in practice, there was no government authority permitted to impose forced labour, or an obligation to work, under the umbrella of self-help and community development or nation building. The Government also indicates that the new draft constitution has not yet been finalized pending a call for referendum The Government further indicates that the Employment and Labour Relations Act No. 6 of 2004 is in place to prohibit and punish practices of forced labour. Moreover, the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015 added section 102A to the Employment and Labour Relations Act, which provides that, in case of a conflict between this Act and any other written law relating to employment standards, that standards under this Act shall prevail. The Committee therefore requests the Government to provide information on any progress made regarding the review of the Constitution, and to provide a copy once adopted.

3. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. However, the Government stated that, in practice, career members of the armed forces enjoy the right to quit the service at their own request.

The Committee notes the Government’s information in its report that, pursuant to Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of l966, which provides for issues related to voluntary release, officers and other members of the military may resign at their own request. The Committee therefore requests the Government to provide a copy of Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of 1966.

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Penalties and law enforcement. The Committee previously noted the adoption of the Anti-Trafficking in Persons Act (No. 6 of 2008). Pursuant to section 4 of the Act, trafficking in persons is an offence, punishable with a fine of between 5 million Tanzanian shillings (TZS) and TZS100 million (approximately US$3,172–$63,577), or to imprisonment for a term of not less than two years and not more than ten years, or both. Pursuant to section 5 of the Act, a person who promotes, procures or facilitates the commission of trafficking in persons commits an offence, and is liable to a fine of between TZS2 million and TZS50 million (approximately $1,272–$31,083), or to imprisonment for a term of not less than one year, but not more than seven years, or both. The Government stated that training on human trafficking was conducted for officers of command districts as well as criminal investigation officers responsible for human trafficking. The Committee therefore requested the Government to provide information on the application of the Act in practice.

The Committee notes the Government’s information in its report that, in 2016, around 100 human trafficking cases were investigated, of which 23 offenders were prosecuted in the courts of law, and 19 traffickers were convicted. Among them, one perpetrator was sentenced to ten years’ imprisonment, two to seven years’ imprisonment and three to five years’ imprisonment. However, the Committee notes that, according to the Government’s replies to the list of issues of the UN Committee on the Elimination of Discrimination against Women (CEDAW), in February 2015, an Indian man involved in the trafficking of eight Nepalese girls was convicted and sentenced to ten years’ imprisonment or to pay a fine of TZS15 million. The perpetrator paid the fine and was released (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 84). Referring to paragraph 319 of the 2012 General Survey on the fundamental Conventions, the Committee recalls that, when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee also notes that, in its concluding observations of 2016, the CEDAW expressed its concern at the persistence of trafficking in, and sexual exploitation of, women and girls in the country and reports of trafficking in girls for domestic work and sexual exploitation (CEDAW/C/TZA/CO/7-8, paragraph 24). The Committee therefore requests the Government to take the necessary measures to ensure that the Anti-Trafficking in Persons Act is applied so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced in practice in all cases. The Committee also requests the Government to continue providing information on the application of the Anti-Trafficking in Persons Act, including the number of investigations and prosecutions, as well as the penalties applied.

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 2017, published 107th ILC session (2018)

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. Monitoring mechanisms and protection of victims. The Committee previously noted that the Anti-Trafficking Committee had been established with the overall responsibility of coordinating the activities of government departments and law enforcement organs responsible for matters relating to trafficking in persons. Moreover, draft implementing regulations had been developed for the approval of the Anti-Trafficking Committee and stakeholders, as had a National Anti-Trafficking Action Plan. Additionally, with support from the ILO and the International Organization for Migration (IOM), a directory of service providers for victims of human trafficking had been developed to provide information on available services.

The Committee notes the Government’s information in its report that, the implementing regulations pursuant to section 37(f) of the Anti-Trafficking in Persons Act were adopted in 2015, including Regulations No. 27 on the establishment of centres for protection and assistance to victims and Regulations No. 28 on the prevention, protection and treatment. A new National Anti-Trafficking Action Plan (2015–17) was also launched. The Committee further notes that, according to a study report named “Dynamics of Trafficking in Persons in Tanzania” published in 2016 by the IOM, the majority of trafficking victims are young females under 20 years of age. According to the Government’s replies to the list of issues of the UN Committee on the Elimination of Discrimination against Women (CEDAW), the most common forms of trafficking of women and girls is through recruitment of girls to work in domestic work from rural areas, and the transportation of girls to the Gulf countries and China and by using recruitment agents (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 83). The Committee requests the Government to provide information on the implementation of the National Anti-Trafficking Action Plan (2015–17) and the activities of the Anti-Trafficking Committee. It also requests the Government to provide information on the application in practice of the two implementing Regulations on the identification and protection of trafficking victims, particularly women and girls, including the services available and the number of victims who received such services.

2. Imposition of compulsory labour for economic development and public purposes. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, acts of Parliament and district by-laws, in contradiction with the Convention. The Committee has referred in this connection to the following legislative provisions:

• -article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity;
• -the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
• -several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation building” and “enforcement of human resources deployment”, which provide for an obligation to work.

The Government indicated that the Committee’s comments in this regard had been brought to the attention of relevant ministries, including the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. However, the Committee noted with concern that article 48 of the draft Constitution of 2013 appears to contain wording similar to article 25 of the current Constitution, and does not address the issues raised by the Committee in this regard.

The Committee also noted by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the authorities had taken the decision to abolish development levies which were being implemented under the Local Governance Finance Act and that this Act had been listed among the identified laws to be addressed by the Task Force on Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s repeated statement that, in practice, there was no government authority permitted to impose forced labour, or an obligation to work, under the umbrella of self-help and community development or nation building. The Government also indicates that the new draft constitution has not yet been finalized pending a call for referendum The Government further indicates that the Employment and Labour Relations Act No. 6 of 2004 is in place to prohibit and punish practices of forced labour. Moreover, the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015 added section 102A to the Employment and Labour Relations Act, which provides that, in case of a conflict between this Act and any other written law relating to employment standards, that standards under this Act shall prevail. The Committee therefore requests the Government to provide information on any progress made regarding the review of the Constitution, and to provide a copy once adopted.

3. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. However, the Government stated that, in practice, career members of the armed forces enjoy the right to quit the service at their own request.

The Committee notes the Government’s information in its report that, pursuant to Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of l966, which provides for issues related to voluntary release, officers and other members of the military may resign at their own request. The Committee therefore requests the Government to provide a copy of Regulation 8.11 of the Defence Forced Regulations Volume 1 (Administrative) of 1966.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Penalties and law enforcement. The Committee previously noted the adoption of the Anti-Trafficking in Persons Act (No. 6 of 2008). Pursuant to section 4 of the Act, trafficking in persons is an offence, punishable with a fine of between 5 million Tanzanian shillings (TZS) and TZS100 million (approximately US$3,172–$63,577), or to imprisonment for a term of not less than two years and not more than ten years, or both. Pursuant to section 5 of the Act, a person who promotes, procures or facilitates the commission of trafficking in persons commits an offence, and is liable to a fine of between TZS2 million and TZS50 million (approximately $1,272–$31,083), or to imprisonment for a term of not less than one year, but not more than seven years, or both. The Government stated that training on human trafficking was conducted for officers of command districts as well as criminal investigation officers responsible for human trafficking. The Committee therefore requested the Government to provide information on the application of the Act in practice.

The Committee notes the Government’s information in its report that, in 2016, around 100 human trafficking cases were investigated, of which 23 offenders were prosecuted in the courts of law, and 19 traffickers were convicted. Among them, one perpetrator was sentenced to ten years’ imprisonment, two to seven years’ imprisonment and three to five years’ imprisonment. However, the Committee notes that, according to the Government’s replies to the list of issues of the UN Committee on the Elimination of Discrimination against Women (CEDAW), in February 2015, an Indian man involved in the trafficking of eight Nepalese girls was convicted and sentenced to ten years’ imprisonment or to pay a fine of TZS15 million. The perpetrator paid the fine and was released (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 84). Referring to paragraph 319 of the 2012 General Survey on the fundamental Conventions, the Committee recalls that, when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee also notes that, in its concluding observations of 2016, the CEDAW expressed its concern at the persistence of trafficking in, and sexual exploitation of, women and girls in the country and reports of trafficking in girls for domestic work and sexual exploitation (CEDAW/C/TZA/CO/7-8, paragraph 24). The Committee therefore requests the Government to take the necessary measures to ensure that the Anti-Trafficking in Persons Act is applied so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced in practice in all cases. The Committee also requests the Government to continue providing information on the application of the Anti-Trafficking in Persons Act, including the number of investigations and prosecutions, as well as the penalties applied.

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

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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Anti-Trafficking in Persons Act (No. 6 of 2008), and requested information on its application in practice.

The Committee notes the Government’s statement that the adoption of Anti Trafficking in Persons Act requires the establishment of institutions and the formulation of regulations for its effective implementation. In this regard, the Anti Trafficking Committee has been established, with the overall responsibility of coordinating the activities of government departments and law enforcement organs responsible for matters relating to trafficking in persons. Additionally, draft regulations have been developed for the approval of the Anti-Trafficking Committee and stakeholders, as has a National Anti-Trafficking Action Plan. The Government also states that training on human trafficking was conducted for officers of command districts as well as criminal investigation officers responsible for human trafficking. Moreover, with support from the ILO and the International Organization for Migration, a directory of service providers for victims of human trafficking has been developed, to provide information on available services.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 13 December 2012, expressed concern that the country is a source, transit and destination country for trafficking in persons (E/C.12/TZA/CO/1-3, paragraph 17). The Committee requests the Government to strengthen its efforts to prevent and combat trafficking in persons, and to take measures to ensure that victims of trafficking are provided with appropriate protection and services. The Committee also requests the Government to provide information on the application of sections 4 and 5 of the Anti-Trafficking in Persons Act in practice, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed. Lastly, it requests the Government to provide copies of the regulations adopted pursuant to the Anti-Trafficking Act and the National Anti-Trafficking Action Plan once finalized.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee notes the Government’s statement that, in practice, career members of the armed forces enjoy the right to quit the service at their own request. In this connection, the Committee requests the Government to provide information on the application in practice of section 35 of the National Defence Act, 1966, and its relevant regulations including, in particular, the number of resignations accepted, or refused (if any), over a specified period, as well as the reasons for refusal. The Committee also requests the Government to provide information on any measures taken or envisaged to amend the Defence Forces Regulations, to align it with the indicated practice.

2. Imposition of labour for public purposes. The Committee previously noted by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the authorities had taken the decision to abolish development levies which were being implemented under the Local Governance Finance Act and that this Act had been listed among the identified laws to be addressed by the Task Force on Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s statement that this issue has been brought to the attention of the relevant authorities. The Committee once again requests the Government to take the necessary measures, including within the framework of the Task Force on Labour Law Reform, to bring the Local Governance Finance Act into conformity with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard in its next report.

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

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

Repetition

Articles 1(1) and 2(1) of the Convention. Imposition of compulsory labour for purposes of economic development. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, acts of Parliament and district by-laws, in contradiction with the Convention. The Committee has referred in this connection to the following legislative provisions:

• – article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity;
• – the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
• – several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation building” and “enforcement of human resources deployment”, which provide for an obligation to work.

In this regard, the Committee noted the Government’s statement that it hoped to take measures to bring the provisions of the relevant legislation into conformity with the Convention.

The Committee notes the Government’s statement that, in practice, there is no government authority permitted to impose forced labour, or an obligation to work, under the umbrella of self-help and community development or nation building. It indicates that the Committee’s comments concerning the Local Government (District Authorities) Act, the Resettlement of Offenders Act, the Ward Development Committees Act and the Local Government Finances Act have been brought to the attention of relevant ministries. Similarly, the Committee’s comments concerning articles 25(1) and (3) of the Constitution have been communicated to the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. Moreover, the social partners have been urged to engage in the ongoing consultative meetings on the Constitution to ensure that the issues of forced labour are well articulated in the new Constitution, and to give effect to the provisions of the Convention.

The Committee notes that a draft Constitution was presented by the Constitutional Review Commission on 3 June 2013. It observes with concern that article 48 of this draft appears to contain wording similar to article 25 of the current Constitution, and does not address the issues raised by the Committee in this regard. Recalling that the Committee has been raising this issue for more than two decades, the Committee urges the Government to ensure that the draft Constitution currently under consideration is revised, to achieve conformity with the Convention. Particularly, it requests the Government to take the necessary measures to ensure that article 48(1) of the draft Constitution is revised to remove the duty on persons to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law. It also requests the Government to take measures to limit the scope of exceptions to the definition of forced labour in article 48(3) to the limited exceptions provided for in Article 2(a)–(e) of the Convention, particularly by removing article 48(3)(d) of the draft Constitution. The Committee also requests the Government to pursue its efforts to repeal or amend the legislative provisions which permit compulsory labour to be imposed by an administrative authority or which provide for an obligation to work for the purposes of “self help and community development”, “nation building” and “enforcement of human resources deployment”, to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide information on progress made in this regard with its next report.

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 2013, published 103rd ILC session (2014)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Anti-Trafficking in Persons Act (No. 6 of 2008), and requested information on its application in practice.

The Committee notes the Government’s statement that the adoption of Anti Trafficking in Persons Act requires the establishment of institutions and the formulation of regulations for its effective implementation. In this regard, the Anti-Trafficking Committee has been established, with the overall responsibility of coordinating the activities of government departments and law enforcement organs responsible for matters relating to trafficking in persons. Additionally, draft regulations have been developed for the approval of the Anti-Trafficking Committee and stakeholders, as has a National Anti-Trafficking Action Plan. The Government also states that training on human trafficking was conducted for officers of command districts as well as criminal investigation officers responsible for human trafficking. Moreover, with support from the ILO and the International Organization for Migration, a directory of service providers for victims of human trafficking has been developed, to provide information on available services.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 13 December 2012, expressed concern that the country is a source, transit and destination country for trafficking in persons (E/C.12/TZA/CO/1-3, paragraph 17). The Committee requests the Government to strengthen its efforts to prevent and combat trafficking in persons, and to take measures to ensure that victims of trafficking are provided with appropriate protection and services. The Committee also requests the Government to provide information on the application of sections 4 and 5 of the Anti-Trafficking in Persons Act in practice, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed. Lastly, it requests the Government to provide copies of the regulations adopted pursuant to the Anti-Trafficking Act and the National Anti-Trafficking Action Plan once finalized.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee notes the Government’s statement that, in practice, career members of the armed forces enjoy the right to quit the service at their own request. In this connection, the Committee requests the Government to provide information on the application in practice of section 35 of the National Defence Act, 1966, and its relevant regulations including, in particular, the number of resignations accepted, or refused (if any), over a specified period, as well as the reasons for refusal. The Committee also requests the Government to provide information on any measures taken or envisaged to amend the Defence Forces Regulations, to align it with the indicated practice.

2. Imposition of labour for public purposes. The Committee previously noted by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the authorities had taken the decision to abolish development levies which were being implemented under the Local Governance Finance Act and that this Act had been listed among the identified laws to be addressed by the Task Force on Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s statement that this issue has been brought to the attention of the relevant authorities. The Committee once again requests the Government to take the necessary measures, including within the framework of the Task Force on Labour Law Reform, to bring the Local Governance Finance Act into conformity with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard in its next report.

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

Articles 1(1) and 2(1) of the Convention. Imposition of compulsory labour for purposes of economic development. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, acts of Parliament and district by-laws, in contradiction with the Convention. The Committee has referred in this connection to the following legislative provisions:

• – article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity;
• – the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
• – several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation building” and “enforcement of human resources deployment”, which provide for an obligation to work.

In this regard, the Committee noted the Government’s statement that it hoped to take measures to bring the provisions of the relevant legislation into conformity with the Convention.

The Committee notes the Government’s statement that, in practice, there is no government authority permitted to impose forced labour, or an obligation to work, under the umbrella of self-help and community development or nation building. It indicates that the Committee’s comments concerning the Local Government (District Authorities) Act, the Resettlement of Offenders Act, the Ward Development Committees Act and the Local Government Finances Act have been brought to the attention of relevant ministries. Similarly, the Committee’s comments concerning articles 25(1) and (3) of the Constitution have been communicated to the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. Moreover, the social partners have been urged to engage in the ongoing consultative meetings on the Constitution to ensure that the issues of forced labour are well articulated in the new Constitution, and to give effect to the provisions of the Convention.

The Committee notes that a draft Constitution was presented by the Constitutional Review Commission on 3 June 2013. It observes with concern that article 48 of this draft appears to contain wording similar to article 25 of the current Constitution, and does not address the issues raised by the Committee in this regard. Recalling that the Committee has been raising this issue for more than two decades, the Committee urges the Government to ensure that the draft Constitution currently under consideration is revised, to achieve conformity with the Convention. Particularly, it requests the Government to take the necessary measures to ensure that article 48(1) of the draft Constitution is revised to remove the duty on persons to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law. It also requests the Government to take measures to limit the scope of exceptions to the definition of forced labour in article 48(3) to the limited exceptions provided for in Article 2(a)–(e) of the Convention, particularly by removing article 48(3)(d) of the draft Constitution. The Committee also requests the Government to pursue its efforts to repeal or amend the legislative provisions which permit compulsory labour to be imposed by an administrative authority or which provide for an obligation to work for the purposes of “self help and community development”, “nation building” and “enforcement of human resources deployment”, to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide information on progress made in this regard with its next report.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2(2)(a) of the Convention. Use of conscripts for non-military purposes. The Committee previously noted that section 23(1) of the National Defence Act, 1966, provides that the employment of the Defence Forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of, or damage to, property, or for other purposes when the public interest so requires. The Government indicated that while the Defence Forces Regulations did not contain provisions defining such “other purposes” for the employment of the Defence Forces, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the Defence Forces is required for public interest, the regional commissioner may request authorization for their employment. The Committee requested the Government to provide information about the existing practice of the employment of the Defence Forces for non-military purposes.

The Committee notes the Government’s statement that, in practice, the Defence Forces are deployed to provide assistance to civil authorities and communities at large in time of tragedies such as floods, landslides, accidents and any other tragedy that can cause communities particular suffering. The Government indicates that the Defence Forces participated in a rescue operation when a ship sunk in Lake Victoria in 1996, following a train accident in the Dodoma Region in 2003 and in the construction of bridges when floods occurred in the Kilsoa District in 2010. The Committee observes that the abovementioned circumstances correspond to cases of emergency as provided for by Article 2(2)(d) of the Convention, which exempt from its provisions “any work or service exacted in cases of emergency” including, inter alia, a calamity or threatened calamity such as floods and any circumstances that would endanger the existence or the well-being of the whole or part of the population.

Article 25. Penalties. Trafficking in persons. The Committee notes the information from the UN Country Team in Tanzania in a compilation report prepared by the Officer of the High Commissioner for Human Rights for the Human Rights Council for the Universal Periodic Review of 25 July 2011, that the country is a source, transit, and destination country for men, women, and children subjected to trafficking and that the incidence of internal trafficking is higher than that of transnational trafficking, largely from rural to urban areas (A/HRC/WG.6/12/TZA/2, paragraph 32). In addition, referring to its comments made under the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee notes that the Anti-Trafficking in Persons Act was adopted in 2008. Pursuant to section 4 of the Act, trafficking in persons is an offence, punishable, upon conviction, to a fine of between Tanzanian shillings (TZS) 5 million and TZS100 million (approximately US$3,172 to $63,577), or to imprisonment for a term of not less than two years and not more than ten years, or both. Pursuant to section 5 of the Act, a person who promotes, procures or facilitates the commission of trafficking in persons commits an offence, and is liable upon conviction to a fine of between TZS2 million and TZS50 million (approximately $1,272 to $31,083), or to imprisonment for a term of not less than one year, but not more than seven years or to both. The Committee requests the Government to provide information on the application of sections 4 and 5 of the Anti-Trafficking in Persons Act in practice, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed. It also requests the Government to provide information on measures taken in practice to combat trafficking in persons, including measures to provide appropriate training for law enforcement officials, border officials and the judiciary in order to strengthen their capacity to combat trafficking.

Zanzibar

Articles 1(1) and 2(1). National service obligations. The Committee previously noted that Decree No. 5 of 1979 established a service known as the Jeshi la Kujenga Uchumi (JKU), whose function was the training of young citizens to serve the nation and, in particular, the employment of servicemen, inter alia, in various agricultural and industrial activities, as well as in social and cultural activities, including social development. The members of the service were those enlisted or seconded from the civil or military service, as well as persons who were called up to serve; pursuant to sections 5, 6 and 10 of the Decree, persons other than public officers or married women were liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V and VI leavers and post-secondary school leavers. The Committee subsequently noted that Decree No. 5 of 1979 had been replaced by the JKU Act (No. 6 of 2003), which entered into force in 2005, and noted the Government’s indication that under the 2003 Act, the persons concerned are free to choose whether to join the service or not. It requested a copy of the JKU Act of 2003.

The Committee notes that section 9 of the JKU Act of 2003 states that the JKU shall be composed of members employed on permanent terms, voluntary servicemen and members seconded from the civil or military service upon their request. The Committee notes with interest that, pursuant to section 14(1) of the JKU Act of 2003, persons who have completed compulsory education may, if they so wish, be enlisted as voluntary servicemen to serve in the JKU. Section 14(3) states that any person who has attended Form VI education or above may, if they so wish, have their name enlisted in the register and shall be liable to be called upon to serve in the JKU. The Committee therefore observes that, pursuant to the JKU Act of 2003, service in the JKU is on a voluntary basis.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1(1), and 2(1) of the Convention. 1. Imposition of compulsory labour for purposes of economic development. For many years, the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention. The Committee has referred in this connection to the following legislative provisions:

• -article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d), of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of (i) compulsory national service in accordance with the law, or (ii) the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensure development and national productivity;
• -the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
• -several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation-building” and “enforcement of human resources deployment”, which provide for an obligation to work.

In this regard, the Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the National Constitution, Acts of Parliament and District by-laws, in contradiction with the Convention. However, the Committee also noted the adoption of the Employment and Labour Relations Act, 2004, which introduced a provision prohibiting the exaction of forced labour, pursuant to section 6(1). Moreover, the Government indicated that the Law Reform Commission was carrying out legal research on laws that required amendment or repeal to reflect the current economic, social and political arrangements, including laws which were not in conformity with the Convention.

The Committee notes the Government’s statement that it hopes to take measures to bring the provisions of the relevant legislation into conformity with the Convention. The Government indicates that it would like to avail itself of technical assistance in developing public-awareness strategies for both authorities involved in the administration of these laws and the legislative bodies. Recalling that the Committee has been raising this issue for more than two decades, the Committee requests the Government to pursue its efforts to repeal or amend the abovementioned provisions which permit compulsory labour to be imposed by an administrative authority or which provide for an obligation to work for the purposes of “self-help and community development”, “nation-building” and “enforcement of human resources deployment”. It requests the Government to provide information on progress made in this regard. Moreover, the Committee requests the Government to provide information on the manner in which these provisions are applied in practice, in its next report.

2. Freedom of career military personnel to leave the service. The Committee previously noted that pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed. However, the Committee noted the Government’s indication that the National Defence Act, 1966, as well as the Defence Forces Regulations, had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee once again recalls that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. The Committee requests the Government to provide information on the measures taken or envisaged, including in the context of the ongoing Labour Law Reform, to ensure that career members of the armed forces enjoy fully the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice. In this regard, the Committee requests the Government to provide information on the application in practice of section 35 of the National Defence Act, 1966, and its relevant regulations, including in particular, the number of resignations accepted, or refused, over a specified period, as well as the reasons for refusal. The Committee also requests the Government to provide a copy of the Defence Forces Regulations, with its next report.

3. Imposition of labour for public purposes. In its earlier comments, the Committee referred to by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the “development levies” which were imposed under these provisions had been waived out, and that the Local Government Finances Act, 1982 had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee takes due note of the Government’s statement that the authorities took the decision to abolish development levies which were being implemented under the Local Governance Finance Act. The Committee also notes the Government’s indication that several pieces of legislation have been repealed through the first phase of the Labour Law Reform, and that the Local Governance Finance Act remains on the list of laws to be addressed by the Task Force. The Committee therefore requests the Government to take the necessary measures, within the framework of the Task Force on Labour Law Reform, to bring the Local Governance Finance Act into conformity with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard in its next report.

To address these issues, the Committee encourages the Government to pursue its efforts to avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

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

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

Articles 1 (paragraph 1) and 2 (paragraph 1), of the Convention. Freedom of career military personnel to leave the service. For a number of years, the Committee has been referring to section 35 of the National Defence Act, 1966, under which officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. The Committee noted the Government’s indication that the reasons and conditions for resignation from active service, as provided for in the Regulations, were as follows: retirement age, sickness, service completed, release of a female service person on marriage.

The Committee observed that it did not appear from the wording of section 35 that career military servicemen had the right to resign at their own request, without indicating any specific reason. The Committee pointed out, referring also to the explanations in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example by means of notice of reasonable length.

The Committee previously noted the Government’s indication in its report that the National Defence Act, 1966, as well as the Defence Forces Regulations, had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform with a view to making appropriate recommendations to the Government.

Since the Government’s latest report contains no new information on this issue, the Committee reiterates the firm hope that measures will soon be taken to bring the abovementioned provisions into conformity with the Convention, and that the Government will provide information on the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of section 35 of the Act and respective provision of the Regulations in practice, indicating, in particular, the number of resignations accepted, or refused, over a specified period, as well as the reasons for refusal. Please also supply a copy of the Defence Forces Regulations in force.

Article 2, paragraph 2(a). Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 23(1) of the National Defence Act, 1966, under which the employment of the Defence Forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of, or damage to, property, or for other purposes when the public interest so requires. The Government indicated previously that the Defence Forces Regulations did not contain provisions defining such “other purposes” for the employment of the Defence Forces but, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the Defence Forces is required for public interest (for reasons other than the prevention of loss of life or serious loss of, or damage to, property), the regional commissioner may request authorization for their employment. The Committee requested the Government to provide information about the existing practice of the employment of the Defence Forces for non-military purposes.

Since the Government’s latest report contains no information on this subject, the Committee reiterates its hope that such information will be supplied by the Government in its next report.

Tanzania mainland

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Imposition of labour for public purposes. In its earlier comments, the Committee referred to by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works.

The Committee previously noted the Government’s indication that “development levies” which were imposed under the provisions referred to above had been waived out, and the Local Government Finances Act, 1982, had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform with a view to making appropriate recommendations to the Government.

Since the Government’s report contains no new information on this issue, the Committee reiterates its hope that appropriate measures will be taken in order to bring legislation into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

Zanzibar

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. National service obligations. In its earlier comments, the Committee has been referring to a service known as the Jeshi la Kujenga Uchumi (JKU), established under Decree No. 5 of 1979, whose function was the training of young citizens to serve the nation and, in particular, the employment of servicemen, inter alia, in various agricultural and industrial activities, as well as in social and cultural activities, including social development. The members of the service were those enlisted or seconded from the civil or military service, as well as persons who were called up to serve for a period of one year or three years, under the menace of penal sanctions.

The Committee notes from the Government’s report that Decree No. 5 of 1979 has been replaced by the Jeshi la Kujenga Uchumi (JKU) Act (No. 6 of 2003), which entered into force in 2005. The Government states that under the 2003 Act, the persons concerned are free to choose whether to join the service or not. The Committee notes this information, as well as the extracts from Act No. 6 of 2003, supplied by the Government with its report, and requests the Government to communicate a copy of other relevant sections of the Act, such as sections 9 (Members of JKU), 10 (Members employed on permanent terms), 11 (Obligation to be recalled for service) and 12 (Seconded members). Please also continue to provide information on the practical functioning of the JKU, including the number of persons who joined the service during the reporting period and particulars concerning the employment of such persons in agricultural and industrial activities.

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

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Imposition of compulsory labour for purposes of economic development. For many years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention. The Committee has referred in this connection to the following national provisions:

–           article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d), of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of (ii) compulsory national service in accordance with the law, or (iii) the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensure development and national productivity;

–           the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development;

–           several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation-building” and “enforcement of human resources deployment”, which provide for an obligation to work.

On numerous occasions the Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the National Constitution, Acts of Parliament and District by-laws, in contradiction both with the present Convention and Convention No. 105, likewise ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for purposes of economic development.

The Committee previously noted the adoption of the Employment and Labour Relations Act, 2004, which introduced a provision prohibiting the exaction of forced labour (section 6(1)) and repealed the Employment Ordinance (Cap. 366), under which compulsory labour could be imposed for public purposes.

The Government indicates in its latest report that the Law Reform Commission is currently carrying out legal research on laws that need amendments or repeal to reflect the current economic, social and political arrangements, including laws which are not compatible with the Convention.

While noting these indications, the Committee expresses the firm hope that the necessary measures will be taken to repeal or amend the provisions incompatible with the Convention and that the Government will soon be in a position to report on the progress made in this regard.

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

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

1. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 35 of the National Defence Act, 1966, under which an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. The Government indicated in its 2002 and 2007 reports that the reasons and conditions for resignation from active service, as provided for in the Regulations, are as follows: retirement age, sickness, termination of a contract of service, release of a female service person on marriage, as well as any other valid reason.

The Committee observes that it does not appear from the wording of this provision that career military servicemen have the right to resign at their own request, without indicating any specific reason. The Committee points out once again, referring also to the explanations in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length.

While having noted from the Government’s 2003 report that the National Defence Act, 1966, as well as the Defence Forces Regulations, had been listed among the identified laws to be addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government, the Committee expresses its firm hope that measures will soon be taken to bring the abovementioned provisions into conformity with the Convention, and that the Government will provide information on the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of section 35 of the Act and respective provision of the Regulations in practice, indicating, in particular, the reasons for which resignations have been refused. Please also supply a copy of the Defence Forces Regulations in force.

2. Article 2(2)(a). Use of conscripts for non-military purposes. In its earlier comments, the Committee referred to section 23(1) of the National Defence Act, 1966, under which the employment of the Defence Forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires. The Government stated in its 2002 report that the Defence Forces Regulations do not contain provisions defining such “other purposes” for the employment of the Defence Forces, but, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the Defence Forces is required for public interest (for other reason than the prevention of loss of life or serious loss of or damage to property), he may request authorization for their employment. The Committee notes the Government’s indication in its latest report that there have been no incidents of employment of the Defence Forces for such “other purposes”. The Committee hopes that the Government will provide information about the existing practice of the employment of the Defence Forces for non-military purposes, as soon as such information becomes available.

Tanzania mainland

Articles 1(1) and 2(1) of the Convention. Imposition of labour for public purposes. 3. The Committee previously noted that by laws made by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, impose “development levies” on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides for a fine or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and, under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes the Government’s indication that the Local Government Finances Act, 1982, had been listed among the identified laws to be addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government. The Government also indicates in its latest report that development levies which were imposed under sections 13 and 15 referred to above have been waived out. The Committee hopes that appropriate measures will be taken by the Government in order to bring legislation into conformity with the Convention and the indicated practice. The Committee requests the Government to provide, in its next report, information on any progress made in this regard.

4. The Committee previously requested information on the mobilization and utilization of labour force, e.g. for the construction of water reservoirs for agricultural purposes and permanent godowns for storing crops in certain regions, including the information on the methods of mobilizing such labour force, the authority under which labour has been mobilized for these purposes, as well as wages and other benefits paid to workers engaged in these projects. The Government indicates in its latest report that it is still investigating how the labour force was mobilized for these purposes. The Committee hopes that the Government will provide the information requested, including the information on the present stage of these projects, in its next report.

Zanzibar

Articles 1(1) and 2(1) of the Convention. National service obligations. 
5. For a number of years, the Committee has been referring to the Jeshi la Kujenga Uchumi (JKU) Decree (No. 5 of 1979), which had established a service known as JKU, whose function should be the training of young citizens to serve the nation and, in particular, the employment of servicemen, inter alia, in various agricultural and industrial activities, as well as in social and cultural activities, including social development (section 3). The members of the service should be those enlisted or seconded from the civil or military service (section 4), as well as persons other than public officers or married women, who are called up to serve for a period of one year or three years, under the menace of penal sanctions (sections 5, 6 and 10).

The Committee previously noted the Government’s indication that the JKU serve a double purpose: besides establishing a scheme under which youth are trained in professional skills, it serves as national service. Since this double function gave rise to confusion, the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training. The Government indicated in its 2005 report that such policy had been elaborated and that a policy document would be submitted to the ILO in due course. It also stated that the practice of the national service had changed and that the persons concerned are free to choose whether to join the service or not. Furthermore, for those who have joined the service, there is also a free choice among various available forms of activities. The Committee understands from the Government’s 2005 report that the new legislation governing the issue will be submitted in the near future and hopes that the Government will communicate a copy, as soon as it is adopted, together with a copy of a policy document concerning vocational training referred to above.

Pending the adoption of the new legislation, the Committee requests the Government to continue to provide information on the practical functioning of the JKU, including the number of persons who joined the service during the reporting period, details concerning the theoretical and practical instruction provided (e.g. the curricula or internal instructions followed), as well as the information concerning the employment of such persons in agricultural and industrial activities.

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

The Committee notes with satisfaction that the Employment and Labour Relations Act, 2004 (No. 6) has repealed the Employment Ordinance (Cap. 366), under which compulsory labour could be imposed for public purposes.

Articles 1(1) and 2(1) of the Convention. Imposition of compulsory labour for purposes of economic development. For many years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention. The Committee referred in this connection to the following provisions:

–           article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

–           the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

–           several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation-building”, and “enforcement of human resources deployment”, which provide for an obligation to work.

The Committee has previously expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the National Constitution, Acts of Parliament and District by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee notes the Government’s repeated statement concerning practical difficulties encountered in the application of the Convention, which in most cases were due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population. However, the Government stated in its 2003 and 2004 reports that it has taken very serious note of the Committee’s concerns, and that the identified laws – such as the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982 – had been addressed by the Task Force of the Labour Law Reform, which had recommended to the relevant authorities to make appropriate amendments to these laws.

The Committee urges the Government to take the necessary measures to repeal or amend the numerous provisions which are incompatible with the Convention and to do so expeditiously. The Committee requests the Government to report on the progress made.

The Committee is addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reply to its earlier comments.

1. Article 2(2)(a) of the Convention. The Committee previously noted that under section 23(1) of the National Defence Act, 1966, the employment of the defence forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires; the Defence Forces Regulations may prescribe the circumstances in which and the conditions on which such assistance may be rendered. The Committee requested the Government to indicate the provisions in the Defence Forces Regulations defining "other purposes" for the employment of the defence forces. The Government stated in its 2002 report that the Defence Forces Regulations do not contain such provisions, but, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the defence forces is required for public interest (for other reason than the prevention of loss of life or serious loss of or damage to property) he may request authorization for their employment. The Committee requested the Government to provide information about the existing practice of the employment of the defence forces in such circumstances, as referred to by the Government in its 2002 report. Since the Government’s latest report contains no information on this subject, the Committee hopes that the information requested will be supplied by the Government in its next report.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee noted that, under section 35 of the National Defence Act, 1966, an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. The Government indicated in its 2002 report that the reasons and conditions for resignation from active service, as provided for in the Regulations, are as follows: retirement age, sickness, service completed, release of a female service person on marriage. The Committee observed that it did not appear from the wording of this provision that career military servicemen had the right to resign at their own request, without indicating any specific reason. Referring to paragraph 68 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee recalled that the provisions relating to compulsory military service included in the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement in its latest report that it has taken very serious note of the Committee’s concerns, and that the National Defence Act, 1966, as well as the Defence Forces Regulations, are listed among the identified laws which are being addressed by the task force of the current Tanzania Labour Policy and Legislation Reform, in order make appropriate recommendations to the Government.

The Committee reiterates its hope that measures will soon be taken to bring the abovementioned national provisions into conformity with the Convention, and that the Government will provide information on the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of section 35 of the Act and respective provision of the Regulations in practice indicating, in particular, a number of resignations of career military officers and men over a specified period, as well as the reasons for such resignations. Please also supply a copy of the Defence Forces Regulations in force.

3. The Committee previously noted that the Law Reform Commission of the United Republic of Tanzania had established a working group on child labour with a view to studying, among others, the availability of adequate legislative provisions for the protection of children. The Government indicated in its report received in 1997 that the findings of the abovementioned working group and measures proposed to improve the protection of children were incorporated in the report which had not yet been adopted by Parliament. The Committee again requests the Government to communicate a copy of the report by a working group on child labour established by the Law Reform Commission.

Tanzania mainland

4. In its earlier comments, the Committee asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang’hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilizing such labour forces. The Government indicated in its 2002 report that such information would be supplied, as soon as it is obtained from the relevant government departments. The Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

5. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may not only be based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee noted the Government’s indication in its 2002 report that the matter would be re-examined in the course of the labour law reform. Noting also from the Government’s latest report that the Local Government Finances Act, 1982, is listed among the identified laws which are being addressed by the task force of the current Tanzania Labour Policy and Legislation Reform, the Committee reiterates its hope that appropriate measures will be taken by the Government in order to ensure full compliance with the Convention on this point and that the Government will provide, in its next report, information on any progress made in this regard.

Zanzibar

6. In its earlier comments, the Committee noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, had established a service known as Jeshi la Kujenga Uchumi (JKU), whose function should be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; and (d) defence of the nation (section 3). According to section 4, the members of the service should be servicemen enlisted or persons seconded from the civil or military service of the United Republic of Tanzania, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for a period of one year or three years.

The Committee noted the Government’s indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee requested the Government to provide information on the practical application of the Decree, including the number of persons called up for one year’s or three years’ service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

The Government indicated in its 2002 report that the number of persons called upon to join the JKU varies from year to year and cannot be disclosed for security reasons. The students are provided with theoretical and practical instructions in various trades of their choice and receive a certificate indicating the trades and skills they have acquired which enable them to be employed in occupations of their respective trades.

The Committee would be grateful if the Government would continue to provide, in its future reports, information on the application of the Decree in practice. It also again requests the Government to supply a copy of a certificate from the JKU, which was referred to as attached to the Government’s 2002 report, but had not been received in the ILO.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reply to its earlier comments.

Articles 1(1) and 2(1) and (2) of the Convention. For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

-  article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

-  the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

-  several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled "self-help and community development", "nation-building", and "enforcement of human resources deployment", which provide for an obligation to work.

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, Acts of Parliament and district by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee noted the Government’s repeated statement concerning practical difficulties encountered in the application of the Convention, which in most cases were due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population. The Government stated in its 2002 report that such by-laws did not take much into account the provisions of the ILO Conventions and the national Constitution and that it was trying to adopt a new approach for the enactment of new laws in order to ensure compliance with the Constitution and the international obligations.

The Committee previously noted the Government’s indication that the Employment Ordinance No. 366 of 1952 was being revised and that a draft Bill was tabled to the Cabinet. In its latest report, the Government states that it has taken very serious note of the Committee’s concerns, and that the identified laws - such as the Local Finances Act, 1982, the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, and the Ward Development Committees Act, 1969 - are being addressed by the Task Force of the current Tanzania Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government.

The Committee urges the Government to take the necessary measures in the very near future to ensure that the provisions incompatible with the Convention are repealed or amended and asks the Government report the progress made in this regard.

The Committee is again addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reply to its earlier comments.

1. Article 2(2)(a) of the Convention. The Committee previously noted that under section 23(1) of the National Defence Act, 1966, the employment of the defence forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires; the Defence Forces Regulations may prescribe the circumstances in which and the conditions on which such assistance may be rendered. The Committee requested the Government to indicate the provisions in the Defence Forces Regulations defining "other purposes" for the employment of the defence forces. The Government indicates in its report that the Defence Forces Regulations do not contain such provisions, but, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the defence forces is required for public interest (for other reason than the prevention of loss of life or serious loss of or damage to property) he may request authorization for their employment. The Committee requests the Government to provide information about the existing practice of the employment of the defence forces in such circumstances, as referred to by the Government in its report.

2. Freedom of career military personal to leave the service. In its earlier comments concerning resignation from service by members of the armed forces, the Committee noted that, under section 35 of the National Defence Act, 1966, an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. The Government indicates in its report that the reasons and conditions for resignation from active service, as provided for in the Regulations, are as follows: retirement age, sickness, service completed, release of a female service person on marriage. The Committee observes that it does not appear from the wording of this provision that career military servicemen have the right to resign at their own request, without indicating any specific reason. Referring to paragraphs 68 and 72 of its 1979 General Survey on the abolition of forced labour, the Committee recalls that the provisions relating to compulsory military service included in the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of service. The Committee hopes that the Government will provide information on measures taken or envisaged in order to bring the abovementioned national provisions into conformity with the Convention. Pending the adoption of such measures, the Committee requests the Government to supply information on the application of section 35 of the Act and respective provision of the Regulations in practice, indicating, in particular, a number of resignations of career military officers and men over a specified period, as well as the reasons for such resignations. Please also supply a copy of the abovementioned provision of the Defence Forces Regulations, which has been referred to as attached to the report, but has never been received in the ILO.

3. The Committee previously noted that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of children. The Government indicated in its report received in 1997 that the findings of the abovementioned Working Group and measures proposed to improve the protection of children were incorporated in the report which had not yet been adopted by Parliament. The Committee requests the Government to communicate, with its next report, an extract from a report by a Working Group on Child Labour established by the Law Reform Commission, to which the Government referred in its report, but which has not been received in the ILO.

Tanzania mainland

4. In its earlier comments, the Committee asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang’hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilizing such labour forces. The Government indicates in its report that such information will be supplied, as soon as it is obtained from the relevant government departments. The Committee expresses firm hope that the Government will not fail to provide the information requested in its next report.

5. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with, such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act and, under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available. The Committee has noted the Government’s indication in the report that the matter will be re-examined in the course of the labour law reform. It reiterates its hope that appropriate measures will be taken by the Government in order to ensure full compliance with the Convention on this point and that the Government will provide, in its next report, information on any progress made in this regard.

Zanzibar

6. In its earlier comments, the Committee noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, had established a service known as Jeshi la Kujenga Uchumi (JKU), whose function should be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; and (d) defence of the nation (section 3). According to section 4, the members of the service should be servicemen enlisted or persons seconded from the civil or military service of the United Republic and, under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for a period of one year or three years.

The Committee noted the Government’s indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection adopted the Vocational Training Act, No. 17 of 1986.

While noting these indications, the Committee requested the Government to provide information on the practical application of the Decree, including the number of persons called up for one year’s or three years’ service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

The Government indicates in its report that the number of persons called upon to join the JKU varies from year to year and cannot be disclosed for security reasons. The students are provided with theoretical and practical instructions in various trades of their choice and receive a certificate indicating the trades and skills they have acquired which enable them to be employed in occupations of their respective trades.

The Committee would be grateful if the Government would continue to provide, in its future reports, information on the application of the Decree in practice. Please also supply a copy of a certificate from the JKU, which has been referred to as attached to the Government’s report, but has not been received in the ILO.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes with satisfaction that the Human Resources Deployment Act, 1983, under which compulsory labour could be imposed by administrative authority on the basis of a general obligation to work and for purposes of economic development, has been repealed by the National Employment Promotion Service Act, 1999 (section 34).

2. The Committee has noted the information provided by the Government in reply to its earlier comments.

Articles 1(1) and 2(1) and (2) of the Convention. For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

-  article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

-  the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

-  several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled "self-help and community development", "nation-building", and "enforcement of human resources deployment", which provide for an obligation to work.

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels in the National Constitution, Acts of Parliament and district by-laws, in contradiction to Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee previously noted the Government’s indication that the Employment Ordinance No. 366 of 1952 was being revised and that a draft Bill was tabled to the Cabinet. The Government also indicated that efforts to amend the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, were under way in the Law Reform Commission.

The Committee also noted the Government’s repeated statement concerning practical difficulties encountered in the application of the Convention, which in most cases were due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population. The Government states in its latest report that such by-laws do not take much into account the provisions of the ILO Conventions and the national Constitution and that it is trying to adopt a new approach for the enactment of new laws in order to ensure compliance with the Constitution and the international obligations.

The Government indicates in its reports received in 2001 and 2002 that labour laws and other related legislation that are incompatible with the Conventions will be re-examined in the course of the labour policy and legislation reform.

While noting the Government’s awareness of the discrepancies between the national law and practice and the provisions of the Convention, the Committee has also noted the Government’s view that some of such discrepancies fall under the exceptions from the definition of forced labour set out in Article 2(2)(b) and (d) of the Convention. The Committee recalls, referring to paragraph 34 of its 1979 General Survey on the abolition of forced labour, that the provision of Article 2(2)(b) exempts from the definition of forced labour any work or service which forms part of the normal civic obligations of citizens, examples of such normal civic obligations being the three exceptions specifically provided for in the Convention (compulsory military service, work required in cases of emergency and minor communal service), or also compulsory jury service, the duty to assist a person in danger or to assist in the enforcement of law and order. As the Committee pointed out, these exceptions must be read in the light of other provisions of the Convention and cannot be invoked to justify recourse to forms of compulsory service which are contrary to such other provisions. As regards the provision of Article 2(2)(d), which exempts from the definition of forced labour any work or service exacted in cases of emergency, the Committee recalls, referring to paragraph 36 of its 1979 General Survey, that the concept of emergency involves a sudden unforeseen happening calling for instant countermeasures; the power to call up labour should be confined to genuine cases of emergency, and the duration and extent of compulsory service should be limited to what is strictly required by the exigencies of the situation. In the light of the above considerations, the Committee points out that the exceptions referred to by the Government cannot be invoked to justify recourse to compulsory labour under the abovementioned national provisions. As regards the example of "self-help schemes" referred to by the Government, the Committee is dealing with this subject in its comments under Convention No. 105.

The Committee urges that the necessary measures be taken in the very near future to repeal or amend the provisions contrary to the Convention.

The Committee is again addressing a request on certain other points directly to the Government.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the following points raised in its previous direct request:

1.  The Committee previously noted that under section 23(1) of the National Defence Act, 1966, the employment of the defence forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires; the Defence Forces Regulations may prescribe the circumstances in which and the conditions on which such assistance may be rendered. The Committee requests the Government to indicate, in its next report, what "other purposes" for the employment of the defence forces are provided for in the Defence Forces Regulations under this section of the Act, and to supply a copy of the regulations dealing with the subject.

With reference to its earlier comments concerning resignation from service by members of the armed forces, the Committee also noted that, under section 35 of the National Defence Act, 1966, an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. It requests the Government to indicate, in its next report, the reasons and conditions for resignation from active service and to supply a copy of the relevant regulations.

2.  The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of children. The Government indicated in its report received in 1997 that the findings of the abovementioned Working Group and measures proposed to improve the protection of children were incorporated in the report which had not yet been adopted by Parliament. The Committee would be grateful if the Government would supply a copy of the said report when it is adopted.

Tanzania mainland

3.  In its earlier comments, the Committee asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang’hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilizing such labour forces.

The Government indicated in its report received in 1997 that such information had been requested from the relevant local authorities in the areas in question, but had not yet been received. The Committee reiterates its hope that the Government will not fail to provide the information in question, including the text of any decisions taken by the village councils or the Land Development Board, in its next report.

4.  In its earlier comments, the Committee noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes that the Government’s report contains no new information on this subject. It hopes that appropriate measures will be taken by the Government in order to ensure full compliance with the Convention on this point and asks the Government to provide, in its next report, information on any progress made in this regard.

Zanzibar

5.  In its earlier comments, the Committee noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, had established a service known as Jeshi la Kujenga Uchumi (JKU), whose function should be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; and (d) defence of the nation (section 3). According to section 4, the members of the service should be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for form III leavers and one year for form IV, V and VI leavers and post-secondary school leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee noted the Government’s indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee requested the Government to provide information on the practical application of the Decree, including the number of persons called up for one year’s or three years’ service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

In the absence of any information on the subject in the Government’s report, the Committee once again expresses the hope that such information will be provided by the Government in its next report.

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report gives no further particulars in reply to its earlier comments. It must therefore repeat its previous observation on the following points:

  Articles 1(1) and 2(1) and (2) of the Convention.  For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

-  article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; paragraph 2 of the same article which provides that there will be no forced labour; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

-  the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

-  several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled "self-help and community development", "nation-building", and "enforcement of human resources deployment", which provide for an obligation to work.

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, Acts of Parliament and district by-laws, in contradiction to Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee previously noted the Government’s indication that the Employment Ordinance No. 366 of 1952 was being revised and that a draft Bill was tabled to the Cabinet. The Government also indicated that efforts to amend the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, were under way in the Law Reform Commission.

The Committee noted the Government’s statement concerning practical difficulties encountered in the application of the Convention, which in most cases are due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population.

As regards the Human Resources Deployment Act of 1983, the Government indicated that it had been repealed and replaced with the National Employment Promotion Service Act of 1999. The Committee requests the Government to supply a copy of a repealing text, as well as a copy of the new Act.

The Committee trusts that the necessary measures will be taken in the very near future to repeal or amend the provisions contrary to the Convention. It also requests the Government to provide a copy of the Employment Ordinance as soon as it is amended.

The Committee is again addressing a request on certain other points directly to the Government.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted the texts of the Civil Service Act, 1989, and the National Defence Act, 1966, supplied by the Government with its report received in 1997.

1. The Committee has noted that under section 23(1) of the National Defence Act, 1966, the employment of the Defence Forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires; the Defence Forces Regulations may prescribe the circumstances in which and the conditions on which such assistance may be rendered. The Committee requests the Government to indicate, in its next report, what "other purposes" for the employment of the Defence Forces are provided for in the Defence Forces Regulations under this section of the Act, and to supply a copy of the Regulations dealing with the subject.

With reference to its earlier comments concerning resignation from service by members of the armed forces, the Committee has also noted that, under section 35 of the National Defence Act, 1966, an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. It requests the Government to indicate, in its next report, the reasons and conditions for resignation from active service and to supply a copy of the relevant Regulations.

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of children. The Government indicated in its report received in 1997 that the findings of the abovementioned working group and measures proposed to improve the protection of children were incorporated in the report which had not yet been adopted by Parliament. The Committee would be grateful if the Government would supply a copy of the said report when it is adopted.

Tanzania mainland

3. In its earlier comments, the Committee asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilizing such labour forces.

The Government indicated in its report received in 1997 that such information had been requested from the relevant local authorities in the areas in question, but had not yet been received. The Committee reiterates its hope that the Government will not fail to provide the information in question, including the text of any decisions taken by the village councils or the Land Development Board, in its next report.

4. In its earlier comments, the Committee noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes that the Government's report contains no new information on this subject. It hopes that appropriate measures will be taken by the Government in order to ensure full compliance with the Convention on this point and asks the Government to provide, in its next report, information on any progress made in this regard.

Zanzibar

5. In its earlier comments, the Committee noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, had established a service known as Jeshi la Kujenga Uchumi (JKU), whose function should be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service should be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, and VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee requested the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

In the absence of any information on the subject in the Government's latest report, the Committee once again expresses the hope that such information will be provided by the Government in its next report.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee has noted the Government's report.

Articles 1(1) and 2(1) and (2) of the Convention. For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

-- article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; paragraph 2 of the same article which provides that there will be no forced labour; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

-- the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

-- several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled "self-help and community development", "nation-building", and "enforcement of human resources deployment", which provide for an obligation to work.

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the National Constitution, Acts of Parliament and District by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee previously noted the Government's indication that the Employment Ordinance No. 366 of 1952 was being revised. The Government states in its latest report received in May 1999 that the process of revision has been very slow due to technical reasons, but that a draft Bill has been tabled to the Cabinet. It also indicates that efforts to amend the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, are under way in the Law Reform Commission.

The Committee notes the Government's statement concerning practical difficulties encountered in the application of the Convention, which in most cases are due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population.

As regards the Human Resources Deployment Act of 1983, the Government indicates that it has been repealed and replaced with the National Employment Promotion Service Act of 1999. The Committee requests the Government to supply a copy of a repealing text, as well as a copy of the new Act.

The Committee trusts that the necessary measures will be taken in the very near future to repeal or amend the provisions contrary to the Convention. It also requests the Government to provide a copy of the Employment Ordinance, as soon as it is amended.

The Committee is addressing a request on certain other points directly to the Government.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes that the Government's report received in 1997 provides information in reply to certain points in its earlier direct request but not in relation to its observations made over many years. The comments made concerned various aspects of the legislation and practice which have raised questions as to compatibility with the prohibition in Article 1(1) of the Convention of forced or compulsory labour, which is in turn defined in Article 2(1), subject to the limited exceptions allowed under Article 2(2). The Committee's observations were last discussed in the Conference Committee in 1992, when the Government representative referred to legislative amendments envisaged; but that Committee expressed its distress at the lack of progress and again urged the Government to take the measures needed.

2. The questions raised have concerned, first, article 25(1) of the 1985 Constitution, concerning the obligation to work, and related provisions in the Local Government (District Authorities) Act, 1982; the Employment Ordinance, 1952; the Human Resources Deployment Act, 1983; the Penal Code; the Resettlement of Offenders Act, 1969; the Ward Development Committees Act, 1969; and the Local Finances Act, 1982: these have in effect provided for compulsory labour by administrative decision and in circumstances which do not appear to fall within the exceptions allowed by the Convention. Secondly, the Committee has asked about the provisions of section 23 of the National Defence Act, 1966, as to the use of service personnel for non-military purposes (Article 2(2)(a)). Thirdly, the Committee enquired as to the protection of children against forced or compulsory labour contrary to the Convention and in particular the results of the deliberations of the Working Group on Child Law. Fourthly, as regards Zanzibar, the Committee referred to the JKU, Decree No. 5 of 1979, which provides for certain kinds of service by young persons in circumstances where compatibility with the Convention is as yet unclear.

3. The Committee notes that various activities relating in particular to the present Convention and other human rights instruments have taken place in the country in cooperation with the ILO Area Office, the multidisciplinary team based in Addis Ababa and the International Labour Standards Department. It hopes that these activities will be intensified with a view to obtaining a satisfactory solution to all these vital concerns of contravention of a basic human rights Convention. It particularly hopes that the Government will supply a report for examination at its next session indicating the progress made on each of the aspects mentioned above.

[The Government is asked to report in detail in 1999.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Referring to its previous comments concerning resignation from service by members of the armed forces the Committee again expresses the hope that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report, including the 1966 Defence Act and regulations made thereunder relating to resignation from active service.

The Committee requests the Government to provide a copy of the Civil Service Act No. 16 of 1989 which came into operation on 1 July 1990 (Civil Service (Date of commencement) Notice, 1990).

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee hopes that the Government will supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanzania mainland

3. The Committee recalls that it had asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee noted the Government's indication that the government authority in the area is responsible for such mobilization and utilization, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilization may take place and labour may be organized.

While noting these indications of a general nature, the Committee requested the Government to provide the specific information requested in relation to the specified constructions mentioned above. The Committee hopes that the Government will send the information in question including the text of any decisions taken by the village councils or the Land Development Board.

4. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee again requests the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

Zanzibar

5. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection, adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee again requests the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

The Committee hopes that the Government will provide the information in question.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that no report has been received from the Government.

For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

- under article 25, paragraph 1, of the 1985 Constitution every person is obliged to voluntarily and honestly participate in lawful and productive work, to observe labour discipline and strive to achieve the individual and communal production targets required or prescribed by law; article 25, paragraph 2, provides that notwithstanding paragraph 1, there shall be no forced labour. However, article 25, paragraph 3(d), provides that no work shall be considered as forced labour if it is relief work that is part of (ii) compulsory nation-building initiatives, in accordance with the law, (iii) national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

- the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed inter alia by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

- several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982 entitled "self-help and community development", "nation-building", "enforcement of human resources deployment". The Committee noted for example that under the Mwanga District Council Self-help and Community Development By-laws, 1989, Government Notice No. 246 of 20 July 1990, "the Council may direct that any kind of development activities be done by all residents in the affected area within the Council or persons with special knowledge"; while no limitation is imposed on the nature of the projects, the intended beneficiaries or the duration of the participation, full-time employees of Government, Council, the Charma Cha Mapinduzi Party, the parastatal organizations and private companies are inter alia exempted from participation. For other residents, participation is mandatory and enforceable through fines and "extortion of property".

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, from the National Constitution through Acts of Parliament to District by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

In its preceding comments, the Committee noted the Government's indication that the Employment Ordinance No. 366 of 1952 was in the process of revision and that training of labour officers in international obligations had taken place.

The Committee noted the Government's indication in its report received in 1993 that article 25(3)(d)(ii) of the Constitution refers to compulsory national service provided for by the law, and not nation-building. The national service is a programme organized by the Government in which volunteers as well as form six leavers undergo inter alia military training and participate also in other activities, e.g. agricultural cultivation which has more or less made the army self-sufficient in food, building schools for both army personnel children and other children in the vicinity, by rendering emergency services, teaching, etc. Activities conducted within the national service are intended to benefit the national service and its participants. These activities are not forced upon people nor may they be termed as nation-building initiatives.

The Committee again requests the Government to provide a copy of the provisions on compulsory national service as well as any implementing provisions specifying the programme.

As concerns legislation mentioned by the Committee, the Government stated that the different acts were still under consideration. More specifically, referring to the Human Resources Deployment Act, 1983, the Government indicated that it has to be amended in accordance with the prevailing political situation in the country.

In relation to the Employment Ordinance, 1952, the Committee noted the Government's statement that a revised text was to be submitted to Parliament in October/November 1993 for final approval. As concerns the different by-laws adopted under the Local Government (District Authorities) Act, 1982, the Government considered that they are legally unenforceable with the adoption of a multi-party system as they incorporate the former sole political party CCM (Chama Cha Mapinduzi) as an exception from their scope. Amendment or repeal of the principal legislation would affect the application of subsidiary legislation. The Government reiterated its commitment to rectifying the situation and to report on any developments in the interministerial consultations that are continuing.

The Committee finally noted the Government's indication that the "Nyalali Commission" has listed 40 pieces of legislation as not conforming to the principles of human rights, including those identified by the Committee as not in conformity with the Convention, and that these provisions are under consideration. Given that the United Republic was due to become a federal State by 1995, revision affected much of the legislation and the pace of amendments would be slower than anticipated.

The Committee again requests the Government to report on any progress made and on measures taken or envisaged to repeal or amend the provisions contrary to the Convention, to which the Committee referred in detail in its 1993 observation. The Committee also hopes that the Government will provide a copy of the Employment Ordinance as and when amended.

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

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report contains no reply to its previous direct request. The Committee again requests the Government to provide information on the following points to which the Committee referred previously:

1. Referring to its previous comments concerning resignation from service by members of the armed forces the Committee again expresses the hope that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report, including the 1966 Defence Act and regulations made thereunder relating to resignation from active service.

The Committee requests the Government to provide a copy of the Civil Service Act No. 16 of 1989 which came into operation on 1 July 1990 (Civil Service (Date of commencement) Notice, 1990).

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee hopes that the Government will supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanzania mainland

3. The Committee recalls that it had asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee noted the Government's indication that the government authority in the area is responsible for such mobilization and utilization, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilization may take place and labour may be organized.

While noting these indications of a general nature, the Committee requested the Government to provide the specific information requested in relation to the specified constructions mentioned above. The Committee hopes that the Government will send the information in question including the text of any decisions taken by the village councils or the Land Development Board.

4. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee again requests the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

Zanzibar

5. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection, adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee again requests the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

The Committee hopes that the Government will provide the information in question.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report.

For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

- under article 25, paragraph (1), of the 1985 Constitution every person is obliged to voluntarily and honestly participate in lawful and productive work, to observe labour discipline and strive to achieve the individual and communal production targets required or prescribed by law; article 25, paragraph (2), provides that notwithstanding paragraph 1, there shall be no forced labour. However, article 25, paragraph (3)(d), provides that no work shall be considered as forced labour if it is relief work that is part of (ii) compulsory nation-building initiatives, in accordance with the law, (iii) national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

- the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed inter alia by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

- several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982 entitled "self-help and community development", "nation-building", "enforcement of human resources deployment". The Committee noted for example that under the Mwanga District Council Self-help and Community Development by-laws 1989, Government Notice No. 246 of 20 July 1990, "the Council may direct that any kind of development activities be done by all residents in the affected area within the Council or persons with special knowledge"; while no limitation is imposed on the nature of the projects, the intended beneficiaries or the duration of the participation, full-time employees of Government, Council, the Chama Cha Mapinduzi Party, the parastatal organizations and private companies are inter alia exempted from participation. For other residents, participation is mandatory and enforceable through fines and "extortion of property".

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, from the National Constitution through Acts of Parliament to District by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

In its preceding comments, the Committee noted the Government's indication that the Employment Ordinance No. 366 of 1952 was in the process of revision and that training of labour officers in international obligations had taken place.

The Committee notes the Government's indication in its report that article 25(3)(d)(ii) of the Constitution refers to compulsory national service provided for by the law, and not nation-building. The national service is a programme organized by the Government in which volunteers as well as form six leavers undergo inter alia military training and participate also in other activities, e.g. agricultural cultivation which has more or less made the army self-sufficient in food, building schools for both army personnel children and other children in the vicinity, by rendering emergency services, teaching, etc. Activities conducted within the national service are intended to benefit the national service and its participants. These activities are not forced upon people nor may they be termed as nation-building initiatives.

The Committee requests the Government to provide a copy of the provisions on compulsory national service as well as any implementing provisions specifying the programme.

As concerns legislation mentioned by the Committee, the Government states that the different acts are still under consideration. More specifically, referring to the Human Resources Deployment Act, 1983, the Government indicates that it has to be amended in accordance with the prevailing political situation in the country.

In relation to the Employment Ordinance, 1952, the Committee notes the Government's statement that a revised text was to be submitted to Parliament in October/November 1993 for final approval. As concerns the different by-laws adopted under the Local Government (District Authorities) Act, 1982, the Government considers that they are legally unenforceable with the adoption of a multi-party system as they incorporate the former sole political party CCM (Chama Cha Mapinduzi) as an exception from their scope. Amendment or repeal of the principal legislation will affect the application of subsidiary legislation. The Government reiterates its commitment to rectifying the situation and to report on any developments in the interministerial consultations that are continuing.

The Committee finally notes the Government's indication that the "Nyalali Commission" has listed 40 pieces of legislation as not conforming to the principles of human rights, including those identified by the Committee as not in conformity with the Convention, and that these provisions are under consideration. Given that the United Republic is due to become a federal State by 1995, revision affects much of the legislation and the pace of amendments will be slower than anticipated.

The Committee requests the Government to report on any progress made and on measures taken or envisaged to repeal or amend the provisions contrary to the Convention, including on all the points raised by the Committee in its comments over the years and to which the Committee referred in detail in its 1993 observation. The Committee hopes that the Government will provide a copy of the Employment Ordinance as and when amended.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee again requests the Government to provide information on the following points to which the Committee referred previously:

1. Referring to its previous comments concerning resignation from service by members of the armed forces the Committee again expresses the hope that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report, including the 1966 Defence Act and regulations made thereunder relating to resignation from active service.

The Committee requests the Government to provide a copy of the Civil Service Act No. 16 of 1989 which came into operation on 1 July 1990 (Civil Service (Date of commencement) Notice, 1990).

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee hopes that the Government will supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanzania mainland

3. Referring to point 4 of its observation under the Convention, the Committee recalls that it had asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee had noted the Government's indication that the government authority in the area is responsible for such mobilization and utilization, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilization may take place and labour may be organized.

While noting these indications of a general nature, the Committee requested the Government to provide the specific information requested in relation to the specified constructions mentioned above. The Committee hopes that the Government will send the information in question including the text of any decisions taken by the village councils or the Land Development Board.

4. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee again requests the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

Zanzibar

5. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee had noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection, adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee again requests the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

The Committee hopes that the Government will provide the information in question.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report and the discussion which took place in the Conference Committee in 1992.

For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention. The Committee noted in particular the following:

- under article 25, paragraph (1), of the 1985 Constitution every person is obliged to voluntarily and honestly participate in lawful and productive work, to observe labour discipline and strive to achieve the individual and communal production targets required or prescribed by law; article 25, paragraph (2), provides that notwithstanding paragraph 1, there shall be no forced labour. However, article 25, paragraph (3)(d), provides that no work shall be considered as forced labour if it is relief work that is part of (ii) compulsory nation-building initiatives, in accordance with the law, (iii) national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

- the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed inter alia by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

- the Committee also took note of several by-laws made between 1988 and 1990 under section 148 of the Local Government (District Authorities Act), 1982, entitled "self-help and community development", "nation-building", "enforcement of human resources deployment", "cultivation of agriculture", "planting and maintaining trees". The Committee noted in this regard for example that under the Mwanga District Council Self-help and Community Development by-laws 1989, Government Notice No. 246 of 20 July 1990, "the Council may direct that any kind of development activities be done by all residents in the affected area within the Council or persons with special knowledge"; while no limitation is imposed on the nature of the projects, the intended beneficiaries or the duration of the participation, full-time employees of Government, Council, the Chama Cha Mapinduzi Party, the parastatal organizations and private companies are inter alia exempted from participation. For other residents, participation is mandatory and enforceable through fines and "extortion of property". Such compulsory labour is not necessarily "minor" nor performed "by the members of the community in the direct interest of the said community" and thus is not confined to "minor communal services" under Article 2(2)(e) of the Convention.

- the constitution of the Chama Cha Mapinduzi (CCM) Party (which was previously the sole political party) sets out as part of its objectives that the CCM seeks to ensure that every able-bodied person works.

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, from the National Constitution through Acts of Parliament to District by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee notes the Government's indication to the Conference Committee that an interministerial technical committee was responsible for the consolidation of three labour acts which would revoke the Employment Ordinance No. 366 of 1952, as amended, but that this work was suspended while constitutional amendments were under consideration in the National Assembly. The Committee also notes that the Government referred to a request for Office comments on the revised version of the draft Employment Act which had originally been prepared with the technical assistance of the ILO in 1989. The Committee notes that these comments, including on forced labour provisions were sent to the Government in July 1992 followed by a technical advisory mission in August; it was suggested that the Government list the provisions in all laws that cause difficulties and amend or repeal them, as necessary, in a schedule to the draft Employment Act or another bill.

The Committee notes the Government's indication in its report of November 1992 that lack of an efficient coordinating system renders difficult amending legislation which is not under the sphere of labour legislation. Interministerial consultations continue with a view to rectifying the situation, but will take time. An education exercise nation-wide of labour officers has taken place so as to train them in international obligations. Referring to article 25(3)(d)(i) and (ii) of the Constitution the Government considers that they are in conformity respectively with article 2(a) and (b) of the Convention. The Committee observes that its comments did not relate to subparagraph (i) of article 25(3)(d) of the Constitution; as concerns subparagraph (ii) (compulsory nation-building initiatives), the Committee points out that Article 2(a) of the Convention deals with work exacted by virtue of compulsory military service by providing that only work of a purely military character does not come under the purview of the Convention; the scope of subparagraph (ii), which relates to "compulsory nation-building initiatives" is different.

The Committee has noted that further to the by-laws adopted between 1988 and 1990 to which it referred in its previous comments, several by-laws have been adopted in 1991 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, also entitled "nation-building", "enforcement of human resources deployment", "self-help and community development" as well as "construction and maintenance of village roads".

The Committee can only express once again the hope that the Government will reconsider all the provisions contrary to the Convention, that the draft Employment Act will be brought into conformity with the Convention and that the Government will repeal or amend at an early stage all the provisions contrary to the Convention. In particular action is called for on the following points which the Committee has raised in its comments over a number of years:

Tanzania mainland

General obligation to work. 1. In previous comments the Committee referred to the Human Resources Deployment Act, 1983, which makes provision for the establishment of machinery designed to regulate and facilitate the engagement of all able-bodied persons in productive work. Under section 3 of this Act, every local government authority shall make arrangements to ensure that every able-bodied person over 15 years of age and resident within its area of jurisdiction engages in productive or other lawful employment; for this purpose, the local authority shall establish and maintain registers of employers and of all residents capable of working (sections 13 and 14), and work out a system which will enable the registered employer to utilize the available registered unemployed residents within its area of jurisdiction (section 20). Under section 17 of the Act, arrangements made by the Minister of Labour and Manpower Development are to provide for the transfer to other districts and subsequent employment of unemployed residents, and under section 24, failure to comply with any provision of the Act is punishable with a fine and imprisonment. Referring to the explanations provided in paragraphs 34 to 37 and 45 to 48 of its 1979 General Survey on the Abolition of Forced Labour, the Committee pointed out that legislation obliging all able-bodied citizens to engage in a gainful occupation subject to penal sanctions is incompatible with the Convention.

The Committee again expresses the hope that the necessary measures will rapidly be taken to bring the Human Resources Deployment Act into conformity with the Convention and that the Government will indicate the provisions adopted.

2. The Committee previously noted that the Written Laws (Miscellaneous Amendments) (No. 2) Act, 1983, amended section 176 of the Penal Code by inserting, inter alia, a new paragraph (8), punishing "any able-bodied person who is not engaged in any productive work and has no visible means of subsistence". Noting also that persons chargeable under section 176 of the Penal Code may be subjected to administrative measures under the Human Resources Deployment Act, the Committee requested the Government to supply full information on the application in practice of section 176(8), including any court decisions defining or illustrating its scope and any guidelines followed by administrative authorities in deciding who is chargeable under this provision. The Committee hopes once more that the Government will re-examine section 176(8) of the Penal Code in the light of the Convention and the explanations provided in paragraphs 34 to 37 and 45 to 48 of the 1979 General Survey on the Abolition of Forced Labour, referred to above, and that it will indicate the measures taken or contemplated in this regard to ensure the observance of the Convention.

Compulsory labour for public purposes and development schemes. 3. In comments made over a number of years, the Committee observed that, contrary to the Convention, Part X of the Employment Ordinance permits forced labour to be exacted for public purposes, and section 6 of the Ward Development Committees Act, 1969, gives ward development committees the power to make orders requiring all adult citizens resident in the area of the ward to participate in the implementation of any scheme for agricultural or pastoral development, the construction of works or buildings for the social welfare of residents, the establishment of any industry or the construction of any public utility. The Committee noted previously the Government's indication that the non-conformity of Part X of the Employment Ordinance, and section 6 of the Ward Development Committees Act would be corrected when the new Labour Code would be adopted.

Referring also to the aforementioned draft Employment Act, the Committee hopes that the necessary action will soon be taken to bring Part X of the Employment Ordinance and section 6 of the Ward Development Committees Act into conformity with the Convention and that the Government will indicate the provisions adopted to this end.

4. The Committee had previously noted that under paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, the performance of unpaid communal labour or the payment of compensation in lieu thereof may be required for a wide range of purposes "not barred by the Convention respecting the use of forced labour". Referring to paragraphs 36 and 37 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to ensure that such a requirement is limited to emergency work required by circumstances endangering the existence or well-being of the population, or to minor communal services - i.e. primarily maintenance work - performed in the direct interest of the local community and not intended to benefit a wider group. The Government indicated previously that in practice the local government legislation was used only for communal works for the benefit of the community, resulting from decisions of the community.

The Committee had, however, noted that by-laws imposing compulsory cultivation on resident landholders had indeed been made by district councils and approved by the national Government and that, under section 148 of the Act, by-laws may be adopted by district councils, subject to the consent of the Minister, for carrying into effect and for the purpose of any of the functions conferred by or under the Act or any other written law.

Referring also to the recent example, mentioned before, of sweeping by-laws made under section 148 of the Act and providing for compulsory labour for development purposes, the Committee hopes that paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, will be amended so as to remain within the limits of Article 2, paragraph 2(d) and (e), of the Convention, and that measures will also be taken to ensure that no by-laws providing for the imposition of compulsory labour are approved under section 148 of the Act.

5. Compulsory cultivation. The Committee has noted that the Local Government Ordinance and following its repeal, the Local Government (District Authorities) Act, 1982, and section 121(e) of the Employment Ordinance (as amended by Act No. 82 of 1962) empower local authorities to impose compulsory cultivation. By-laws which restrict the production of food crops and oblige resident landholders to cultivate and maintain a fixed area of cash crops, under pain of a fine and imprisonment have indeed been made by district councils and approved by the national Government.

The Committee trusts that the necessary measures will be taken without further delay to bring the Local Government (District Authorities) Act, 1982 and section 121(e) of the Employment Ordinance, as well as any by-laws made and approved thereunder into conformity with the Convention, and that the Government will indicate the provisions adopted to this end.

6. Article 2, paragraph (2)(c), of the Convention. In previous comments, the Committee noted that sections 4 to 8 of the Resettlement of Offenders Act, 1969, and sections 4 and 17 of the Resettlement of Offenders Regulations, 1969, permit resettlement orders, with an obligation to perform compulsory labour, to be made by administrative decision. In addition, under sections 26 and 27 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable, or previously convicted under sections 176 and 177 of the Penal Code. In its report for the period ending 15 October 1988 the Government stated that since work in the United Republic of Tanzania can only be exacted from a person as a consequence of a conviction in a court of law, it follows, therefore, that no compulsory labour can be imposed by an administrative or non-judicial body. The Committee again expresses the hope that the provisions of the Resettlement of Offenders Act, 1969, and the Resettlement of Offenders Regulations, 1969, referred to above, which appear to authorize the imposition of compulsory labour by administrative order will accordingly be amended so as to ensure in law that no compulsory labour may be imposed on offenders otherwise than as a consequence of a conviction in a court of law, and that the Government will indicate the action taken to this end.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee requests the Government to provide information on the following points to which the Committee referred previously:

1. Referring to its previous comments concerning resignation from service by members of the armed forces the Committee again expresses the hope that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report, including the 1966 Defence Act and regulations made thereunder relating to resignation from active service.

The Committee requests the Government to provide a copy of the Civil Service Act No. 16 of 1989 which came into operation on 1 July 1990 (Civil Service (Date of commencement) Notice, 1990).

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee hopes that the Government will supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanzania mainland

3. Referring to point 4 of its observation under the Convention, the Committee recalls that it had asked the Government to supply information on the mobilisation and utilisation of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilised for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee had noted the Government's indication that the government authority in the area is responsible for such mobilisation and utilisation, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilisation may take place and labour may be organised.

While noting these indications of a general nature, the Committee requested the Government to provide the specific information requested in relation to the specified constructions mentioned above. The Committee hopes that the Government will send the information in question including the text of any decisions taken by the village councils or the Land Development Board.

4. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee again requests the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

Zanzibar

5. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee had noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection, adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee again requests the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity and different regions within the country.

The Committee hopes that the Government will provide the information in question.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the discussion which took place in the Conference Committee in 1991.

For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in particular to provisions of the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed inter alia by administrative authority, on the basis of a general obligation to work and for purposes of economic development.

As The Government had indicated that it considered the observations by the Committee as valid and that legislation was under revision, the Committee expressed the hope that the Government would provide information on the measures taken to bring national law into conformity with the Convention.

The Committee notes that during the discussion in the Conference Committee in 1991, the Government stated that a new Employment Act, taking into account the Committee's comments, had been drafted and submitted to the Attorney-General's Department and the competent authorities within the Government in May 1991 and was expected to be tabled before the National Assembly by the end of 1991. The Government representative indicated that consultations were also progressing towards amending other provisions of concern.

The Committee notes that the Government's latest report contains no information on any action taken nor does it give any indication on any progress made in amending the legislation.

The Committee refers to article 25, paragraph (1), of the 1985 Constitution of the United Republic of Tanzania under which every person is obliged to voluntarily and honestly participate in lawful and productive work, to observe labour discipline and strive to achieve the individual and communal production targets required or prescribed by law; article 25, paragraph (2), provides that, notwithstanding paragraph 1, there shall be no forced labour in the United Republic. However, according to paragraph (3)(d) of article 25, no work will be considered as forced labour if that work is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or if it is part of national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development.

The Committee also notes the indications provided by the Government in its report on the application of the International Covenant on Civil and Political Rights according to which the Chama Cha Mapinduzi (CCM) Party Constitution sets out as part of its objectives in article 1, paragraph 5(6), that the CCM seeks to ensure that every able-bodied person works (CCPR/C/42/Add.12 of 26 August 1991).

The Committee has moreover taken note of several by-laws made between 1988 and 1990 under section 148 of the Local Government (District Authorities) Act, 1982, entitled "self-help and community development", "nation building", "enforcement of human resources deployment", "cultivation of agriculture", "planting and maintaining trees". The Committee notes in this regard for example that under the Mwanga District Council Self-help and Community Development by-laws 1989, Government Notice No. 246 of 20 July 1990, "the Council may direct that any kind of development activities be done by all residents in the affected area within the Council or persons with special knowledge"; while no limitation is imposed on the nature of the projects, the intended beneficiaries or the duration of the participation, full-time employees of Government, Council, the Chama Cha Mapinduzi Party, the parastatal organisations and private companies are inter alia exempted from participation. For other residents, participation is mandatory and enforceable through fines and "extortion of property". Such compulsory labour is not necessarily "minor" nor performed "by the members of the community in the direct interest of the said community" and thus is not confined to "minor communal services" under Article 2(2)(e) of the Convention. It is also contrary to Article 1(b) of Convention No. 105, ratified by Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee cannot but express its concern at the institutionalised and systematic compulsion to work established in law at all levels, from the National Constitution through Acts of Parliament to District by-laws.

The Committee firmly hopes that the Government will reconsider all the provisions contrary to the Convention and that it will report on action taken to repeal or amend the provisions in question. In particular, action is called for on the following points already raised in earlier comments.

Tanzania mainland

General obligation to work. 1. In previous comments the Committee referred to the Human Resources Deployment Act, 1983, which makes provision for the establishment of machinery designed to regulate and facilitate the engagement of all able-bodied persons in productive work. Under section 3 of this Act, every local government authority shall make arrangements to ensure that every able-bodied person over 15 years of age and resident within its area of jurisdiction engages in productive or other lawful employment; for this purpose, the local authority shall establish and maintain registers of employers and of all residents capable of working (sections 13 and 14), and work out a system which will enable the registered employer to utilise the available registered unemployed residents within its area of jurisdiction (section 20). Under section 17 of the Act, arrangements made by the Minister of Labour and Manpower Development are to provide for the transfer to other districts and subsequent employment of unemployed residents, and under section 24, failure to comply with any provision of the Act is punishable with a fine and imprisonment. Referring to the explanations provided in paragraphs 34 to 37 and 45 to 48 of its 1979 General Survey on the Abolition of Forced Labour, the Committee pointed out that legislation obliging all able-bodied citizens to engage in a gainful occupation subject to penal sanctions is incompatible with the Convention.

The Committee again expresses the hope that the necessary measures will rapidly be taken to bring the Human Resources Deployment Act into conformity with the Convention and that the Government will indicate the provisions adopted.

2. The Committee previously noted that the Written Laws (Miscellaneous Amendments) (No. 2) Act, 1983, amended section 176 of the Penal Code by inserting, inter alia, a new paragraph (8), punishing "any able-bodied person who is not engaged in any productive work and has no visible means of subsistence". Noting also that persons chargeable under section 176 of the Penal Code may be subjected to administrative measures under the Human Resources Deployment Act, the Committee requested the Government to supply full information on the application in practice of section 176(8), including any court decisions defining or illustrating its scope and any guidelines followed by administrative authorities in deciding who is chargeable under this provision. The Committee hopes once more that the Government will re-examine section 176(8) of the Penal Code in the light of the Convention and the explanations provided in paragraphs 34 to 37 and 45 to 48 of the 1979 General Survey on the Abolition of Forced Labour, referred to above, and that it will indicate the measures taken or contemplated in this regard to ensure the observance of the Convention.

Compulsory labour for public purposes and development schemes. 3. In comments made over a number of years, the Committee observed that, contrary to the Convention, Part X of the Employment Ordinance permits forced labour to be exacted for public purposes, and section 6 of the Ward Development Committees Act, 1969, gives ward development committees the power to make orders requiring all adult citizens resident in the area of the ward to participate in the implementation of any scheme for agricultural or pastoral development, the construction of works or buildings for the social welfare of residents, the establishment of any industry or the construction of any public utility. The Committee noted previously the Government's indication that the non-conformity of Part X of the Employment Ordinance, and section 6 of the Ward Development Committees Act will be corrected when the new Labour Code under preparation is adopted.

The Committee hopes that the necessary action will soon be taken to bring Part X of the Employment Ordinance and section 6 of the Ward Development Committees Act into conformity with the Convention and that the Government will indicate the provisions adopted to this end.

4. The Committee had previously noted that under paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, the performance of unpaid communal labour or the payment of compensation in lieu thereof may be required for a wide range of purposes "not barred by the Convention respecting the use of forced labour". Referring to paragraphs 36 and 37 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to ensure that such a requirement is limited to emergency work required by circumstances endangering the existence or well-being of the population, or to minor communal services - i.e. primarily maintenance work - performed in the direct interest of the local community and not intended to benefit a wider group. The Government indicated previously that in practice the local government legislation was used only for communal works for the benefit of the community, resulting from decisions of the community.

The Committee had, however, noted that by-laws imposing compulsory cultivation on resident landholders had indeed been made by district councils and approved by the national Government and that, under section 148 of the Act, by-laws may be adopted by district councils, subject to the consent of the Minister, for carrying into effect and for the purpose of any of the functions conferred by or under the Act or any other written law.

Referring also to the recent example, mentioned before, of sweeping by-laws made under section 148 of the Act and providing for compulsory labour for development purposes, the Committee hopes that paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, will be amended so as to remain within the limits of Article 2, paragraph 2(d) and (e), of the Convention, and that measures will also be taken to ensure that no by-laws providing for the imposition of compulsory labour are approved under section 148 of the Act.

5. Compulsory cultivation. The Committee has noted that the Local Government Ordinance and following its repeal, the Local Government (District Authorities) Act, 1982, and section 121(e) of the Employment Ordinance (as amended by Act No. 82 of 1962) empower local authorities to impose compulsory cultivation. By-laws which restrict the production of food crops and oblige resident landholders to cultivate and maintain a fixed area of cash crops, under pain of a fine and improvement have indeed been made by district councils and approved by the national Government.

The Committee trusts that the necessary measures will be taken without further delay to bring the Local Government (District Authorities) Act, 1982 and section 121(e) of the Employment Ordinance, as well as any by-laws made and approved thereunder into conformity with the Convention, and that the Government will indicate the provisions adopted to this end.

6. Article 2, paragraph (2)(c), of the Convention. In previous comments, the Committee noted that sections 4 to 8 of the Resettlement of Offenders Act, 1969, and sections 4 and 17 of the Resettlement of Offenders Regulations, 1969, permit resettlement orders, with an obligation to perform compulsory labour, to be made by administrative decision. In addition, under sections 26 and 27 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and co-ordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable, or previously convicted under sections 176 and 177 of the Penal Code. In its report for the period ending 15 October 1988 the Government stated that since work in the United Republic of Tanzania can only be exacted from a person as a consequence of a conviction in a court of law, it follows, therefore, that no compulsory labour can be imposed by an administrative or non-judicial body. The Committee expresses the hope that the provisions of the Resettlement of Offenders Act, 1969, and the Resettlement of Offenders Regulations, 1969, referred to above, which appear to authorise the imposition of compulsory labour by administrative order will accordingly be amended so as to ensure in law that no compulsory labour may be imposed on offenders otherwise than as a consequence of a conviction in a court of law, and that the Government will indicate the action taken to this end.

[The Government is asked to supply full particulars to the Conference at its 79th Session and to report in detail for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report.

1. The Committee has requested the Government to supply information on the rights and obligations of detainees with respect to the performance of work or service, including copies of any regulations made under section 4(2)(a) of the Preventive Detention Act, 1962, as amended by Act No. 2 of 1985, for either the whole or part of the United Republic of Tanzania.

The Committee notes the Government's indication in its report that detainees are treated as untried or remand prisoners who, while in detention, are not supposed to do any kind of manual or forced labour. The Committee further notes the Government's indication that Regulation No. 203 of 1963 which relates to communication with detainees is the only regulation adopted under section 4(2) of the Act.

Recalling that under section 4(2)(a) of the Act the Minister may make regulations applying to persons detained, any of the provisions of the Prisons Ordinance or of any rules made thereunder relating to convicted criminal prisoners and disapplying in relation to such persons any of such provisions relating to civil prisoners, the Committee hopes that the Government will in its future reports provide copies of any regulations adopted in relation to the performance of work by detainees.

2. Referring to its previous comments concerning resignation from service by members of the armed forces and civil servants, the Committee notes the Government's indication in its report that the provisions governing this matter are being collected. The Committee hopes that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report.

In this connection the Committee has noted the provisions of the Civil Service Code of Zanzibar of May 1988. The Committee notes that under section 96 of the Code a civil servant may resign by giving three months' notice.

The Committee has also noted Staff Circular No. 7 of 1976 relating to agreements for candidates attending courses of instruction, communicated by the Government with its report.

3. The Committee has noted with interest that the Law Reform Commission of Tanzania has established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee would appreciate it if the Government would supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanganyika

4. On the matter of point 1 of its observation on the Convention, the Committee had previously noted that under paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, the performance of unpaid communal labour or the payment of compensation in lieu thereof may be required for a wide range of purposes "not barred by the Convention respecting the use of forced labour". Referring to paragraphs 36 and 37 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to ensure that such a requirement is limited to emergency work required by circumstances endangering the existence or well-being of the population, or to minor communal services - i.e. primarily maintenance work - performed in the direct interest of the local community and not intended to benefit a wider group. Noting the Government's earlier indication that in practice the local government legislation was used only for communal works for the benefit of the community, resulting from decisions of the community, the Committee had requested the Government also to supply copies of relevant by-laws made under section 148 of the Act.

In its report for the period ending 15 October 1988, the Government indicated that departments administering the Local Government Act, 1982, had been consulted with a view to obtaining the required particulars.

(a) The Committee notes the Government's indication in its latest report that there are so many by-laws made under section 148 of the Act that it would be impracticable to send them. The Government adds that section 148 summarises section 118 which provides for general functions of by-laws which may be made under section 148; reference should rather be made to section 111 and the Schedule of the Act.

The Committee takes due note of these indications. The Committee recalls that by-laws which impose compulsory cultivation on resident landholders have indeed been made by district councils and approved by the national Government. The Committee also notes that if section 111 of the Act relates to the general functions of local government authorities, section 118 provides for general functions of district councils in addition to the functions and duties specified in section 111; as for section 148 it provides that by-laws may be adopted by district councils for carrying into effect and for the purpose of any of the functions conferred by or under the Act or any other written law.

In order to ascertain the conformity with the Convention of by-laws made under section 148 by district councils, the Committee again requests the Government to provide copies of such by-laws.

(b) The Committee previously expressed the hope that paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982 would be amended so as to remain within the limits of Article 2, paragraph 2(d) and (e), of the Convention.

Noting the Government's indication in its report that relevant departments administering the Act are still being consulted, the Committee expresses the hope that the Government will indicate the action taken.

(c) The Committee further had asked the Government to supply information on the mobilisation and utilisation of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilised for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee notes the Government's indication in its report that the government authority in the area is responsible for such mobilisation and utilisation, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilisation may take place and labour may be organised.

While noting these indications of a general nature, the Committee requests the Government to provide the specific information requested in relation to the specified constructions mentioned above.

5. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes the Government's indication that persons unable to pay development levies are not obliged to engage in public works on terms on which no voluntary labour is available.

The Committee stresses, however, that a person lacking means to pay the imposed levies may have no alternative to imprisonment than engage in public work. The Committee consequently again requests the Government to indicate measures taken or contemplated to ensure that jobless persons, unable to pay, are not obliged to engage in public works through the imposition of a cash levy.

Zanzibar

6. Referring to its previous request, the Committee notes the Government's indication in its report that Decree No. 5 of 1979 and Jeshi la Kujenga Uchumi Decree are one and the same. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree, which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand. The Committee requested the Government to supply information on the practical application of these provisions.

The Committee notes the Government's indication in its report that the Decree and the JKU serve a double purpose: besides establishing a scheme under which youth is trained in professional skills, it serves as national service. This double function gives rise to confusion and the Government considers it necessary to separate the two or at least to have a clear policy and system of vocational training. In this connection, the Vocational Training Act No. 17 of 1986 has been adopted.

While noting these indications, the Committee would again request the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity and different regions within the country.

The Committee would also appreciate the Government's sending of a copy of the Vocational Training Act No. 17 of 1986.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in its report and the discussion which took place in the Conference Committee in 1990.

The Committee notes in particular the Government's indications that it considers the observations by the Committee as valid and that legislation is currently under revision. The first part of the revision covers labour laws. The draft texts of the revised laws have already been debated by employers' and workers' organisations and the Labour Advisory Board and will be tabled before the National Assembly as soon as practicable. The second part of the review exercise covers other legislation which requires extensive interministerial consultations: the Ministry of Labour and the Labour Law Review Committee of the Law Reform Commission on which employers' and workers' organisations are represented are working on a final report to be submitted to the Government for further action. The Labour Law Review Committee has included among its recommendations the comments and observations of the Committee as issues that need immediate attention.

The Committee hopes that the Government will provide further information on the measures taken to bring national legislation into conformity with the Convention and on the provisions actually adopted on the following matters to which the Committee referred previously:

Tanganyika

1. Compulsory cultivation. In comments made over a number of years, the Committee noted that the Local Government Ordinance and, following its repeal, the Local Government (District Authorities) Act, 1982, and section 121(e) of the Employment Ordinance (as amended by Act No. 82 of 1962) empower local authorities to impose compulsory cultivation, and that by-laws which impose compulsory cultivation on resident landholders have indeed been made by district councils and approved by the national Government. Although reference was made during the discussion which took place at the Conference Committee in 1984 concerning the application of the Convention in the United Republic of Tanzania to the impending threat of famine, the Committee noted that a number of by-laws adopted in 1984 and 1985 specifically restrict the production of food crops and oblige resident landholders to cultivate and maintain a fixed area of cash crops, any contravention being punishable with a fine and imprisonment.

For a number of years also, the Government has indicated its intention to have the legislation revised so as to ensure the observance of the Convention; on its request concrete proposals from the ILO to this effect were forwarded in May 1982. The Committee had noted the Government's indication that labour laws are under revision, but it pointed out that by-laws imposing compulsory cultivation are in actual practice made under the Local Government (District Authorities) Act, 1982. Noting the Government's repeated indications that the legislation referred to would be revised so as to ensure the observance of the Convention, the Committee trusts that the necessary measures will be taken without further delay to bring the Local Government (District Authorities) Act, 1982 and section 121(e) of the Employment Ordinance, as well as any by-laws made and approved thereunder into conformity with the Convention, and that the Government will indicate the provisions adopted to this end.

2. General obligation to work. In previous comments the Committee referred to the Human Resources Deployment Act, 1983, which makes provision for the establishment of machinery designed to regulate and facilitate the engagement of all able-bodied persons in productive work. Under section 3 of this Act, every local government authority shall make arrangements to ensure that every able-bodied person over 15 years of age and resident within its area of jurisdiction engages in productive or other lawful employment; for this purpose, the local authority shall establish and maintain registers of employers and of all residents capable of working (sections 13 and 14), and work out a system which will enable the registered employer to utilise the available registered unemployed residents within its area of jurisdiction (section 20). Under section 17 of the Act, arrangements made by the Minister of Labour and Manpower Development are to provide for the transfer to other districts and subsequent employment of unemployed residents, and under section 24, failure to comply with any provision of the Act is punishable with a fine and imprisonment. Referring to the explanations provided in paragraphs 34 to 37 and 45 to 48 of its 1979 General Survey on the Abolition of Forced Labour, the Committee pointed out that legislation obliging all able-bodied citizens to engage in a gainful occupation subject to penal sanctions is incompatible with the Convention.

The Committee hopes that the necessary measures will rapidly be taken to bring the Human Resources Deployment Act into conformity with the Convention and that the Government will indicate the provisions adopted.

3. The Committee previously noted that the Written Laws (Miscellaneous Amendments) (No. 2) Act, 1983, amended section 176 of the Penal Code by inserting, inter alia, a new paragraph (8), punishing "any able-bodied person who is not engaged in any productive work and has no visible means of subsistence". Noting also that persons chargeable under section 176 of the Penal Code may be subjected to administrative measures under the Human Resources Deployment Act (see point 5 below), the Committee requested the Government to supply full information on the application in practice of section 176(8), including any court decisions defining or illustrating its scope and any guidelines followed by administrative authorities in deciding who is chargeable under this provision. The Committee hopes that the Government will re-examine section 176(8) of the Penal Code in the light of the Convention and the explanations provided in paragraphs 34 to 37 and 45 to 48 of the 1979 General Survey on the Abolition of Forced Labour, referred to above, and that it will indicate the measures taken or contemplated in this regard to ensure the observance of the Convention.

4. Compulsory labour for public purposes and development schemes. In comments made over a number of years, the Committee observed that, contrary to the Convention, Part X of the Employment Ordinance permits forced labour to be exacted for public purposes, and section 6 of the Ward Development Committees Act, 1969, gives ward development committees the power to make orders requiring all adult citizens resident in the area of the ward to participate in the implementation of any scheme for agricultural or pastoral development, the construction of works or buildings for the social welfare of residents, the establishment of any industry or the construction of any public utility. The Committee noted previously the Government's indication that the non-conformity of Part X of the Employment Ordinance, and section 6 of the Ward Development Committees Act will be corrected when the new Labour Code under preparation is adopted.

The Committee hopes that the necessary action will soon be taken to bring Part X of the Employment Ordinance and section 6 of the Ward Development Committees Act into conformity with the Convention and that the Government will indicate the provisions adopted to this end.

5. Article 2, paragraph (2)(c), of the Convention. In previous comments, the Committee noted that sections 4 to 8 of the Resettlement of Offenders Act, 1969, and sections 4 and 17 of the Resettlement of Offenders Regulations, 1969, permit resettlement orders, with an obligation to perform compulsory labour, to be made by administrative decision. In addition, under sections 26 and 27 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and co-ordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable, or previously convicted under sections 176 and 177 of the Penal Code. While in 1984, the Committee noted the Government's statement that proposals for the revision of the provisions of the Resettlement of Offenders Act and Regulations had been submitted to the competent authority for decision, the Government in its report for the period ending October 1987 merely stated that no cases were known where compulsory labour had been applied contrary to Article 2, paragraph (2)(c), of the Convention. In its report for the period ending 15 October 1988 the Government added that since work in the United Republic of Tanzania can only be exacted from a person as a consequence of a conviction in a court of law, it follows, therefore, that no compulsory labour can be imposed by an administrative or non-judicial body. The Committee again expresses the hope that the provisions of the Resettlement of Offenders Act, 1969, and the Resettlement of Offenders Regulations, 1969, referred to above, which appear to authorise the imposition of compulsory labour by administrative order will accordingly be amended so as to ensure in law that no compulsory labour may be imposed on offenders otherwise than as a consequence of a conviction in a court of law, and that the Government will indicate the action taken to this end.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. The Committee has requested the Government to supply information on the rights and obligations of detainees with respect to the performance of work or service, including copies of any regulations made under section 4(2)(a) of the Preventive Detention Act, 1962, as amended by Act No. 2 of 1985, for either the whole or part of the United Republic of Tanzania.

In its report for the period ending 15 October 1988, the Government indicated that the government departments administering the Preventive Detention Act have been consulted with a view to obtaining the required information. The Committee hopes that the information requested, including copies of relevant statutory provisions will be provided with the Government's next report.

2. Having previously noted the Government's indications that those serving in the army serve under renewable contracts of two or three years and civil servants may leave at 24 hours' notice, the Committee again requests that the Government supply copies of the statutory provisions applying to civil servants and to members of the armed forces, and governing contracts of service, notice of termination and applications for release from active service. In this connection, the Committee also asks the Government to send a copy of Agreement Forms TFN, 722 and staff circular No. 7 of 1976 relating to attendance of civil servants in courses of higher education.

Tanganyika

3. Further to point 1 of its observation on the Convention, the Committee had previously noted that under paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, the performance of unpaid communal labour or the payment of compensation in lieu thereof may be required for a wide range of purposes "not barred by the Convention respecting the use of forced labour". Referring to paragraphs 36 and 37 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to ensure that such a requirement is limited to emergency work required by circumstances endangering the existence or well-being of the population, or to minor communal services - i.e. primarily maintenance work - performed in the direct interest of the local community and not intended to benefit a wider group. Noting the Government's earlier indication that in practice the local government legislation was used only for communal works for the benefit of the community, resulting from decisions of the community, the Committee had requested the Government also to supply copies of relevant by-laws made under section 148 of the Act.

In its report for the period ending 15 October 1988, the Government indicated that departments administering the Local Government Act, 1982, have been consulted with a view to obtaining the required particulars. The Committee again expresses the hope that paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982 will be amended so as to remain within the limits of Article 2, paragraph (2)(d) and (e), of the Convention, and that the Government will indicate the action taken to this effect as well as communicate copies of the by-laws previously requested.

In this connection, the Committee also once again asks the Government to supply information on the mobilisation and utilisation of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilised for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

4. The Committee noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee notes that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requests the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

Zanzibar

The Committee noted that since the Government's report received in June 1986, no further information had been forwarded by the Government with regard to Zanzibar, as requested by the Committee in 1987 and 1988. The Committee once again requests the Government to supply information on the following points.

5. The Committee noted from the Government's report received in 1986 that Presidential Decree No. 5 of 1977 had been repealed and replaced by a similar Decree of 1979, which requires every citizen to be trained upon leaving school for one year at established centres; it noted furthermore the information concerning the kind of training which is provided at these centres, which are to equip youth with employable skills but not to use cheap labour to perform productive work. The Committee again requests the Government to supply a copy of the 1979 Decree referred to, and to clarify any relationship with the Jeshi la Kujenga Uchumi Decree, 1979 (No. 5 of 1979), a copy of which is available to the Committee.

6. The Committee has noted that the Jeshi la Kujenga Uchumi Decree, which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menance of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand. The Committee again requests the Government to supply information also on the practical application of these provisions including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity and different regions within the country.

7. In its previous comments the Committee noted the Government's indication that efforts were being made to obtain texts requested, which were available only in Swahili. The Committee specifically asks that if translation of any Swahili text relevant to the requests of the Committee is not available before the next report is sent, that Swahili texts themselves be sent, with translation to follow when available.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observatrion on the following matters:

Tanganyika

1. Compulsory cultivation. In comments made over a number of years, the Committee noted that the Local Government Ordinance and, following its repeal, the Local Government (District Authorities) Act, 1982, and section 121(e) of the Employment Ordinance (as amended by Act No. 82 of 1962) empower local authorities to impose compulsory cultivation, and that by-laws which impose compulsory cultivation on resident landholders have indeed been made by district councils and approved by the national Government. While reference was made during the discussion which took place at the Conference Committee in 1984 concerning the application of the Convention in the United Republic of Tanzania to the impending threat of famine, the Committee in its last observation noted that a number of by-laws adopted in 1984 and 1985 specifically restrict the production of food crops, since they oblige resident landholders to cultivate and maintain a fixed area of cash crops, any contravention being punishable with a fine and imprisonment. For a number of years also, the Government has indicated its intention to have the legislation revised so as to ensure the observance of the Convention; in its report for 1980-81 it asked for concrete proposals from the ILO to this effect which were forwarded in May 1982; in its report for 1981-82, the Government indicated that measures would be taken in the near future in light of the specific proposals; in the discussion which took place at the Conference Committee in 1987, the Government again stated that it intended to review all laws relating to labour and make amendments, if necessary, to provisions inconsistent with international obligations. In its most recent report, covering the period ending 15 October 1988, the Government pointed out that the Labour Laws of the country are now under revision and that it is hoped that the new Labour Code will contain provisions which are in harmony with international labour standards. The Committee takes due note of this indication. It observes that by-laws imposing compulsory cultivation are in actual practice made under the Local Government (District Authorities) Act, 1982. Noting the Government's repeated indications that the legislation referred to would be revised so as to ensure the observance of the Convention, the Committee trusts that the necessary measures will be taken without further delay to bring the Local Government (District Authorities) Act, 1982 and section 121(e) of the Employment Ordinance, as well as any by-laws made and approved thereunder into conformity with the Convention, and that the Government will indicate the provisions adopted to this end. 2. General obligation to work. In previous comments the Committee had referred to the Human Resources Deployment Act, 1983, which makes provision for the establishment of machinery designed to regulate and facilitate the engagement of all able-bodied persons in productive work. Under section 3 of this Act, every local government authority shall make arrangements to ensure that every able-bodied person over 15 years of age and resident within its area of jurisdiction engages in productive or other lawful employment; for this purpose, the local authority shall establish and maintain registers of employers and of all residents capable of working (sections 13 and 14), and work out a system which will enable the registered employer to utilise the available registered unemployed residents within its area of jurisdiction (section 20). Under section 17 of the Act, arrangements made by the Minister of Labour and Manpower Development are to provide for the transfer to other districts and subsequent employment of unemployed residents, and under section 24, failure to comply with any provision of the Act is punishable with a fine and imprisonment. Referring to the explanations provided in paragraphs 34 to 37 and 45 to 48 of its 1979 General Survey on the Abolition of Forced Labour, the Committee pointed out that legislation obliging all able-bodied citizens to engage in a gainful occupation subject to penal sanctions is incompatible with the Convention. In its recent report, the Government refers in this regard to the current revision of the labour laws of the country. The Committee hopes that the necessary measures will rapidly be taken to bring the Human Resources Deployment Act into conformity with the Convention and that the Government will indicate the provisions adopted. 3. The Committee previously noted that by the Written Laws (Miscellaneous Amendments) (No. 2) Act, 1983, section 176 of the Penal Code has been amended by inserting, inter alia, a new paragraph (8), punishing "any able-bodied person who is not engaged in any productive work and has no visible means of subsistence". Noting also that persons chargeable under section 176 of the Penal Code may be subjected to administrative measures under the Human Resources Deployment Act (see point 5 below), the Committee requested the Government to supply full information on the application in practice of section 176(8), including any court decisions defining or illustrating its scope and any guide-lines followed by administrative authorities in deciding who is chargeable under this provision. In the absence of a reply, the Committee hopes that the Government will re-examine section 176(8) of the Penal Code in the light of the Convention and the explanations provided in paragraphs 34 to 37 and 45 to 48 of the 1979 General Survey on the Abolition of Forced Labour, already referred to above, and that it will indicate the measures taken or contemplated in this regard to ensure the observance of the Convention. 4. Compulsory labour for public purposes and development schemes. In comments made over a number of years, the Committee observed that, contrary to the Convention, Part X of the Employment Ordinance permits forced labour to be exacted for public purposes, and section 6 of the Ward Development Committees Act, 1969, gives ward development committees the power to make orders requiring all adult citizens resident in the area of the ward to participate in the implementation of any scheme for agricultural or pastoral development, the construction of works or buildings for the social welfare of residents, the establishment of any industry or the construction of any public utility. In 1984, the Committee noted the Government's statement that proposals for the revision of these provisions had been submitted to the competent authority for decision. In its latest report the Government indicates that the non-conformity of Part X of the Employment Ordinance, and section 6 of the Ward Development Committees Act will be corrected when the new Labour Code now under preparation is adopted. The Committee notes this indication. In view of the Government's earlier indications that amending legislation had been proposed for adoption, the Committee hopes that the necessary action will soon be taken to bring Part X of the Employment Ordinance and section 6 of the Ward Development Committees Act into conformity with the Convention and that the Government will indicate the provisions adopted to this end. 5. Article 2, paragraph (2)(c), of the Convention. In previous comments, the Committee noted that sections 4 to 8 of the Resettlement of Offenders Act, 1969, and sections 4 and 17 of the Resettlement of Offenders Regulations, 1969, permit resettlement orders, with an obligation to perform compulsory labour, to be made by administrative decision. In addition, under sections 26 and 27 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and co-ordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with, or previously convicted under, sections 176 and 177 of the Penal Code. While in 1984, the Committee noted the Government's statement that proposals for the revision of the provisions of the Resettlement of Offenders Act and Regulations had been submitted to the competent authority for decision, the Government in its report for the period ending October 1987 merely stated that no cases were known where compulsory labour has been applied contrary to Article 2, paragraph (2)(c), of the Convention. In its report for the period ending 15 October 1988 the Government added that since work in Tanzania can only be exacted from a person as a consequence of a conviction in a court of law, it follows, therefore, that no compulsory labour can be imposed by an administrative or non-judicial body. The Committee takes note of these indications. It hopes that the provisions of the Resettlement of Offenders Act, 1969, and Resettlement of Offenders Regulations, 1969, referred to above which appear to authorise the imposition of compulsory labour by administrative order will accordingly be amended so as to ensure in law that no compulsory labour may be imposed on offenders otherwise than as a consequence of a conviction in a court of law, and that the Government will indicate the action taken to this end.

TEXT

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