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

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

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

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

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

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

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

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

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

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

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

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the various measures taken within the framework of the National Action Plan (NAP) for the Elimination of Child Labour, including providing trainings to government officials and other stakeholders and the establishment and reactivation of district child labour committees. The Committee further noted from the findings of the third National Child Labour Survey (NCLS) – the Analytical Report released in January 2016 – that 34.5 per cent of children aged between 5 and 17 are engaged in child labour with agriculture, forestry and fishing industry employing more than 92 per cent of all working children. The Committee observed that 22.1 per cent of children aged 5 to11 years and 36 per cent of children aged 12 to13 were involved in child labour, which amounts to about 2.76 million children in total. Noting with concern that a significant number of children below the minimum age were involved in child labour, the Committee urged the Government to strengthen its efforts to ensure the progressive elimination of child labour, and to continue taking measures to ensure that the NAP was effectively implemented.

The Committee notes the Government’s information in its report that the NAP for the Elimination of Child Labour was merged with the NAP on Violence against Women and Children (VAWC). In December 2017, the Government endorsed the National Strategy on Elimination of Child Labour (2018–22) to strengthen the implementation of measures eliminating child labour through the NAP VAWC. According to the Government’s information, this strategy has identified issues and interventions that would address child labour at all levels. The Government indicates that the ILO, with the Japan Tobacco International funding, is successfully implementing the Achieving Reduction of Child Labour in Support of Education (ARISE) project to support the Government in implementing the NAP VAWC 2017/18–2021/22.

The Committee also notes the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), that within the framework of the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER+) project 2016–17, several child labour awareness events in targeted communities involving 9,725 participants were carried out in collaboration with the Tanzania Leaf Tobacco Companies and Alliance One International. Moreover, the Tanzania Social Action Fund Conditional Cash Transfer Program (TASAF CCT) Phase III (2012–2018) which aims to provide financial assistance to vulnerable populations, including children, led to an increase in school enrolment and reduced child labour.

The Committee further notes from the Government’s report to the Human Rights Council of February 2016 that the State’s collaboration with Plan International and WEKEZA (Supporting Livelihoods and Developing Quality Education to Stop Child Labour) had succeeded in preventing 3,016 children between the ages of 5 and 13 from becoming child labourers, rescuing about 2,232 children from child labour, providing them with school facilities and bringing them back to schools and technical schools. This report also indicates that the State has collaborated with small–scale miners associations and raised awareness on the effects of child labour and the legal prohibitions. This campaign led some villages in the Geita Region to adopt by-laws, which prohibit child employment in mines and agricultural activities (A/HRC/WG.6/25/TZA/1, paragraph 63).

The Committee, however, notes from the ILO report entitled Child Labour and the Youth Decent Work Deficit in Tanzania, 2018, that child labour in Tanzania continues to affect an estimated 4.2 million children aged 5 to17 years. Around one in four children aged 5 to 13 years, almost 2.8 million children, are engaged in child labour. Nearly 95 per cent of child labourers are in the agricultural sector, often working for long hours and in hazardous conditions. The Committee finally notes the Government’s statement that child labour remains a major challenge to socio-economic development and constitutes a major obstacle to achieving education for all and other developmental goals. The Committee once again expresses its concern that a significant number of children below the minimum age are still engaged in child labour in Tanzania. While noting the measures taken by the Government, the Committee once again urges the Government to strengthen its efforts to ensure the progressive elimination of child labour, including by taking effective and specific measures within the framework of the NAP VAWC as well as through collaborating with PROSPER, Plan International and WEKEZA. It requests the Government to continue to provide information on the measures taken in this regard and the results achieved in terms of progressively eliminating child labour.

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

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

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

Repetition

Article 3(2) of the Convention. Determination of types of hazardous work. Zanzibar. The Committee previously noted that, according to the May 2013 report on the follow up mission conducted within the framework of the Special Programme Account (SPA mission report), a zero draft list on hazardous work was approved by the tripartite Multi-Sectoral Child Labour Steering Committee. This constitutes an internal effort to add some types of hazardous work occurring specially in Zanzibar.

The Committee notes the Government’s indication that, the draft list of hazardous work was made under the Employment Act No. 11 of 2005, and that with a view to avoiding a conflict with the Children Act No. 6 of 2011, the draft list is no longer in force. The Committee also notes that, section 100 of the Children’s Act prohibits hazardous work for children under 18 years of age and defines a work as hazardous if it poses a danger to the health, safety or morals of a person in its subsection (2). The Children Act also provides a list of types of hazardous work in its subsection (3), including mining and quarrying, porterage of heavy loads, work in manufacturing industries where chemicals are produced or used, work in places where machines are used and any other hazardous work as shall be declared by the Minister. The Committee further notes that, section 100(5)(b) also requires the Minister to make regulations to determine the forms of work related to subsection (2), and to make provision for the regular revision and updating of the list of hazardous work. The Committee therefore requests that the Government indicate whether regulations have been made to determine the hazardous types of work to be prohibited to persons under 18 years of age, pursuant to section 100(5)(b)of the Children’s Act, 2011.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that according to section 5(2) of the Employment and Labour Relations Act, 2004, a child of 14 years of age and above may only be employed to do light work which is not likely to be harmful to the child’s health and development, and does not prejudice the child’s attendance at school, or the child’s participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also noted that according to section 77(1) of the Law of the Child Act No. 21 of 2009, the minimum age for light work is 14 years.

The Committee notes that, the Law of the Child (Child Employment) Regulations of 2012 repeats the abovementioned provisions in its Part II. However, the Committee notes that, according to the National Child Labour Survey 2014, 45.4 per cent of children aged 12–13 years are involved in economic activities. Moreover, the survey excludes the children engaged in light work of this age group from the definition of child labour. In this regard, the Committee reminds the Government that, according to Article 7(1) and (4) of the Convention, national laws or regulations may permit persons from the age of 12 to 14 years to engage in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Accordingly, the Committee requests that the Government consider the possibility of adopting provisions to regulate light work performed by children of 12 to 14 years of age.

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

The Committee notes the Government’s information in its report that, regulations to govern engagement of children in artistic activities have not been adopted. The Committee once again requests that the Government take the necessary measures to adopt regulations which provide for permits to be granted to children participating in cultural artistic performances and which limit the number of hours during which, and prescribe the conditions under which, such work may be permitted, in accordance with Article 8 of the Convention.

Labour inspection. The Committee previously noted that, in October 2012, a two-day meeting was held whereby labour officers had the opportunity to discuss and deliberate on effective labour inspection strategies, including with regard to child labour. In addition, with the support of the United Nations Development Assistance Programme, a total of 20 labour officers appointed as public prosecutors were trained in prosecution skills and the management of labour cases, including those pertaining to child labour. According to the 2013 SPA mission report, training would be given to labour officers who were not previously trained on labour issues. Moreover, the Committee noted that, according to the SPA mission report, special labour inspections were carried out in agriculture and mining in Arusha and Ruvuma in the spring of 2013. The three inspections in Ruvuma detected 16 boys and 21 girls under 18 years of age who were found engaged in hazardous work. In Arusha, the inspections were conducted in agriculture and in mining. Children over 15 years of age were identified as working in non-hazardous work in coffee and cut-flower plantations, while no children were found working in mines. The mission report indicated that similar inspections would be undertaken in fishing-related activities, and that more targeted inspections would be conducted in mining and agriculture.

The Committee notes the Government’s indication that efforts are continuing in order to strengthen the capacity of labour officers. In September 2015, the Government, in collaboration with the WEKEZA project financed by the Government of the United States, trained 52 labour officers on issues related to child labour. The same training took place in September 2016 to capacitate the remaining 41 labour officers. The Committee strongly encourages the Government to continue its efforts to strengthen the capacity of labour inspectors so that they can identify all children under 14 years of age who are working, particularly in the informal economy. It also requests that the Government provide information on the number of investigations undertaken and, where possible, to provide extracts from the labour inspection reports.

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

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

Repetition

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that, the Government signed a Memorandum of Understanding with the Government of Brazil with the technical support of the ILO to undertake a project in supporting the implementation of the National Action Plan for the Elimination of Child Labour (NAP). The Committee also noted that, the ILO facilitated the dissemination of the NAP by training 148 government officials in the southern regions of Lindi and Mtwara on its effective implementation, as well as 110 local government officials on upscaling child labour interventions into their plans and budgets.

The Committee notes the Government’s information in its report that, in execution of the MoU with the Government of Brazil, awareness raising of the NAP was also made to local government officials and stakeholders in other regions of Mbeya, Ruvuma, Mwanza, Arusha and Tanga, along with the establishment and reactivation of district child labour subcommittees. Moreover, measures are under way to look into the possibility of initiating a review process of the NAP with a view to accommodating new developments.

However, the Committee also notes that, the third National Child Labour Survey (NCLS) in mainland Tanzania was carried out in 2014 with the technical and financial support of the ILO. According to the NCLS analytical report released in January 2016, the percentage of economically active children aged 5–17 years stands at 34.5 per cent at national level, while agriculture, forestry and fishing is the single most important industry in terms of the child labour force, employing 92.1 per cent of all working children. The Committee observes that, 22.1 per cent among children aged 5–11 years are working, and 36 per cent among children aged 12–13 are involved in economic activities other than light work, which amounts to about 2.76 million children in total. Recalling that the minimum age for employment or engagement of a child is specified as 14 years by section 5 of the Employment and Labour Relations Act 2004 and section 77 of the Law of Child Act 2009, the Committee expresses its concern at the significant number of children below the minimum age working in Tanzania. While taking note of the measures undertaken by the Government, the Committee urges the Government to strengthen its efforts to ensure the progressive elimination of child labour, and to continue taking measures to ensure that the NAP is effectively implemented. The Committee also requests provide concrete information on the results achieved in terms of progressively eliminating child labour.

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

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

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

Article 3(2) of the Convention. Determination of types of hazardous work. Zanzibar. The Committee previously noted that, according to the May 2013 report on the follow up mission conducted within the framework of the Special Programme Account (SPA mission report), a zero draft list on hazardous work was approved by the tripartite Multi-Sectoral Child Labour Steering Committee. This constitutes an internal effort to add some types of hazardous work occurring specially in Zanzibar.

The Committee notes the Government’s indication that, the draft list of hazardous work was made under the Employment Act No. 11 of 2005, and that with a view to avoiding a conflict with the Children Act No. 6 of 2011, the draft list is no longer in force. The Committee also notes that, section 100 of the Children’s Act prohibits hazardous work for children under 18 years of age and defines a work as hazardous if it poses a danger to the health, safety or morals of a person in its subsection (2). The Children Act also provides a list of types of hazardous work in its subsection (3), including mining and quarrying, porterage of heavy loads, work in manufacturing industries where chemicals are produced or used, work in places where machines are used and any other hazardous work as shall be declared by the Minister. The Committee further notes that, section 100(5)(b) also requires the Minister to make regulations to determine the forms of work related to subsection (2), and to make provision for the regular revision and updating of the list of hazardous work. The Committee therefore requests that the Government indicate whether regulations have been made to determine the hazardous types of work to be prohibited to persons under 18 years of age, pursuant to section 100(5)(b)of the Children’s Act, 2011.

Article 7(1). Minimum age for admission to light work. The Committee previously noted that according to section 5(2) of the Employment and Labour Relations Act, 2004, a child of 14 years of age and above may only be employed to do light work which is not likely to be harmful to the child’s health and development, and does not prejudice the child’s attendance at school, or the child’s participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also noted that according to section 77(1) of the Law of the Child Act No. 21 of 2009, the minimum age for light work is 14 years.

The Committee notes that, the Law of the Child (Child Employment) Regulations of 2012 repeats the abovementioned provisions in its Part II. However, the Committee notes that, according to the National Child Labour Survey 2014, 45.4 per cent of children aged 12–13 years are involved in economic activities. Moreover, the survey excludes the children engaged in light work of this age group from the definition of child labour. In this regard, the Committee reminds the Government that, according to Article 7(1) and (4) of the Convention, national laws or regulations may permit persons from the age of 12 to 14 years to engage in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Accordingly, the Committee requests that the Government consider the possibility of adopting provisions to regulate light work performed by children of 12 to 14 years of age.

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

The Committee notes the Government’s information in its report that, regulations to govern engagement of children in artistic activities have not been adopted. The Committee once again requests that the Government take the necessary measures to adopt regulations which provide for permits to be granted to children participating in cultural artistic performances and which limit the number of hours during which, and prescribe the conditions under which, such work may be permitted, in accordance with Article 8 of the Convention.

Labour inspection. The Committee previously noted that, in October 2012, a two-day meeting was held whereby labour officers had the opportunity to discuss and deliberate on effective labour inspection strategies, including with regard to child labour. In addition, with the support of the United Nations Development Assistance Programme, a total of 20 labour officers appointed as public prosecutors were trained in prosecution skills and the management of labour cases, including those pertaining to child labour. According to the 2013 SPA mission report, training would be given to labour officers who were not previously trained on labour issues. Moreover, the Committee noted that, according to the SPA mission report, special labour inspections were carried out in agriculture and mining in Arusha and Ruvuma in the spring of 2013. The three inspections in Ruvuma detected 16 boys and 21 girls under 18 years of age who were found engaged in hazardous work. In Arusha, the inspections were conducted in agriculture and in mining. Children over 15 years of age were identified as working in non-hazardous work in coffee and cut-flower plantations, while no children were found working in mines. The mission report indicated that similar inspections would be undertaken in fishing-related activities, and that more targeted inspections would be conducted in mining and agriculture.

The Committee notes the Government’s indication that efforts are continuing in order to strengthen the capacity of labour officers. In September 2015, the Government, in collaboration with the WEKEZA project financed by the Government of the United States, trained 52 labour officers on issues related to child labour. The same training took place in September 2016 to capacitate the remaining 41 labour officers. The Committee strongly encourages the Government to continue its efforts to strengthen the capacity of labour inspectors so that they can identify all children under 14 years of age who are working, particularly in the informal economy. It also requests that the Government provide information on the number of investigations undertaken and, where possible, to provide extracts from the labour inspection reports.

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

Article 1 of the Convention. National policy and application of the Convention in practice. The Committee previously noted that, the Government signed a Memorandum of Understanding with the Government of Brazil with the technical support of the ILO to undertake a project in supporting the implementation of the National Action Plan for the Elimination of Child Labour (NAP). The Committee also noted that, the ILO facilitated the dissemination of the NAP by training 148 government officials in the southern regions of Lindi and Mtwara on its effective implementation, as well as 110 local government officials on upscaling child labour interventions into their plans and budgets.

The Committee notes the Government’s information in its report that, in execution of the MoU with the Government of Brazil, awareness raising of the NAP was also made to local government officials and stakeholders in other regions of Mbeya, Ruvuma, Mwanza, Arusha and Tanga, along with the establishment and reactivation of district child labour subcommittees. Moreover, measures are under way to look into the possibility of initiating a review process of the NAP with a view to accommodating new developments.

However, the Committee also notes that, the third National Child Labour Survey (NCLS) in mainland Tanzania was carried out in 2014 with the technical and financial support of the ILO. According to the NCLS analytical report released in January 2016, the percentage of economically active children aged 5–17 years stands at 34.5 per cent at national level, while agriculture, forestry and fishing is the single most important industry in terms of the child labour force, employing 92.1 per cent of all working children. The Committee observes that, 22.1 per cent among children aged 5–11 years are working, and 36 per cent among children aged 12–13 are involved in economic activities other than light work, which amounts to about 2.76 million children in total. Recalling that the minimum age for employment or engagement of a child is specified as 14 years by section 5 of the Employment and Labour Relations Act 2004 and section 77 of the Law of Child Act 2009, the Committee expresses its concern at the significant number of children below the minimum age working in Tanzania. While taking note of the measures undertaken by the Government, the Committee urges the Government to strengthen its efforts to ensure the progressive elimination of child labour, and to continue taking measures to ensure that the NAP is effectively implemented. The Committee also requests provide concrete information on the results achieved in terms of progressively eliminating child labour.

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

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

Article 7(1) and (3) of the Convention. Light work and determination of light work activities. Following its previous comments, the Committee notes with interest that the Law of the Child (Child Labour) Regulations includes provisions on what can constitute light work and what shall be excluded. The Committee further notes that these Regulations provide that a child shall not be employed during school hours, for more than two hours on a school day, for more than 16 hours a week, for work at night or for more than 36 hours per week during school holidays, and lay down the provisions for rest and break periods during work for children of 14 years of age and prohibit overtime work.

Article 8. Artistic performances. The Committee previously noted that the National Child Development Policy recognizes the right of children to participate in artistic performances and sports activities. The Committee also noted that the Ministry of Education and Culture was in the process of formulating regulations with respect to the participation of children in activities such as artistic performances, which also specify the categories of permissible artistic work, conditions and penalties for breaches. The Committee once again requests the Government to indicate the exact provisions which provide for permits to be granted to children participating in cultural artistic performances and which limit the number of hours during which, and prescribe the conditions under which, such work may be permitted, in accordance with Article 8 of the Convention.

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

The Committee notes that the country is participating in an ILO technical assistance programme, the Special Programme Account (SPA) project, and that, in the framework of the SPA, two tripartite inter-ministerial workshops were conducted in September 2012 in Zanzibar and Dar es Salaam with the aim of drawing attention to the legislative gaps and problems of application in practice identified by the Committee with regard to the child labour Conventions, as well as two follow-up missions in May 2013 to assess the progress achieved and identify the way forward. The Committee notes with interest that this technical assistance resulted in the development of action plans to concretely address the comments of the Committee, including the adoption of a list of types of hazardous work and the undertaking of targeted labour inspections in specific sectors.

Article 1 of the Convention. National policy designed to ensure effective abolition of child labour. The Committee previously noted that the Government signed a Memorandum of Understanding with the Government of Brazil with the technical support of the ILO to undertake a project in supporting the implementation of the National Action Plan for the Elimination of Child Labour (NAP).

The Committee notes the Government’s information that the ILO facilitated the dissemination of the NAP by sensitizing 148 government officials in the southern regions of Lindi and Mtwara on its effective implementation, as well as 110 local government officials on upscaling child labour interventions into their plans and budgets. The Committee requests the Government to take measures to ensure that the NAP is effectively implemented, and to provide concrete information on the results achieved in terms of gradually eliminating child labour.

Article 3(2). Determination of types of hazardous work. 1. Tanzania Mainland. Following its previous comments, the Committee notes with satisfaction that the Law of the Child (Child Employment) Regulations were adopted in 2012, pursuant to Law of the Child Act No. 21 of 2009, which contain a list of hazardous activities in which a child under 18 years of age shall not be employed. The Committee observes that this list includes a wide range of hazardous types of work in the sectors of: agriculture (for example, applying pesticides, harvesting with dangerous tools or equipment, operating farm machinery, carrying wastes for disposal); fishing (for example, placing and hauling fishnets, sorting fish, deep sea fishing); mining and quarrying (for example, shaft, drift or trench digging, drilling and blasting, crushing ore); construction (for example, cement mixing, painting, brick making, excavation operations); service (domestic service, restaurant and hotel service, or community service); trade (carrying and selling merchandise in the streets and selling pornographic materials); transport (service stations, carrying luggage, and loading goods into vehicles); and others (for example, carpentry and fixture working, manufacturing of detergents, carpet and mattress making, chemical formulation, tanning, pottery and ceramic manufactures).

2. Zanzibar. The Committee notes that, according to the May 2013 report on the follow-up mission conducted in the framework of the SPA (SPA mission report), a zero draft list on hazardous work was approved by the tripartite Multi-Sectoral Child Labour Steering Committee, which constitutes an internal effort to add some types of hazardous work occurring specifically in Zanzibar. According to the SPA mission report, this list should be gazetted by December 2013. The Committee requests the Government to provide a copy of the new list of types of hazardous work in Zanzibar along with its next report.

Parts III and V of the report form. Labour inspection and application of the Convention in practice. The Committee previously noted that a review of the situation of enforcement of child labour legislation in selected districts was undertaken in April 2009, which indicated that child labour was widely recognized and acknowledged as a problem and that there was broad public support for its elimination. The Committee noted that the Ministry of Labour and Employment was working with the ILO on a project for improving labour law compliance, to strengthen labour inspection and to review labour inspection forms so as to improve the collection and compilation of child labour data. The Committee further noted that the Ministry of Labour and Employment was also working with the Office of the Director of Prosecutions on delegating the labour officers with powers to prosecute cases of labour law contraventions.

The Committee notes the Government’s information that, in October 2012, a two-day meeting was held whereby labour officers had the opportunity to discuss and deliberate on effective labour inspection strategies, including with regard to child labour. In addition, with the support of the United Nations Development Assistance Programme, a total of 20 labour officers appointed as public prosecutors were trained in prosecution skills and management of labour cases, including those pertaining to child labour. According to the 2013 SPA mission report, further training will be given to labour officers who were not previously trained on labour issues. Moreover, the Committee notes that, according to the SPA mission report, special labour inspections were carried out in agriculture and mining in Arusha and Ruvuma in the spring of 2013. The three inspections in Ruvuma detected 16 boys and 21 girls under 18 years of age who were found engaged in hazardous work. In Arusha, the inspections were conducted in agriculture and in mining. Children over 15 years of age were identified as working in non hazardous work in coffee and cut flower plantations, while no children were found working in mines. The mission report indicates that similar inspections will be undertaken in fishing-related activities, and that more targeted inspections will be conducted in mining and agriculture. The Committee strongly encourages the Government to pursue its efforts to strengthen the capacity of labour inspectors so that they can detect all cases of work by children under 14 years of age, particularly in the informal economy. It also requests the Government to continue providing information on the number of investigations undertaken and, where possible, to provide extracts from the labour inspection reports. Finally, the Committee requests the Government to take the necessary measures to ensure that sufficient data are made available on the situation of children engaged in work in the United Republic of Tanzania, and particularly on the number of children and young persons who work under the minimum age for admission to work or employment and the nature, extent and trends of such work.

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

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

Article 1 of the Convention. National policy designed to ensure effective abolition of child labour. The Committee had previously noted that the Ministry of Community Development, Gender and Children was in the process of reviewing the Child Development Policy to incorporate concerns on child labour and its worst forms. The Committee notes the information available in the ILO–IPEC report of 2010 on the project entitled “Support for the Time-bound Programme on the Worst Forms of Child Labour-Phase II” (ILO–TBP report of 2010), that the National Child Development Policy (NCDP) was approved by the Cabinet and is being disseminated. The Committee notes the Government’s information that the NCDP emphasizes the need to eliminate child labour and calls upon different actors to play a significant role in this regard. The Committee notes the information provided by the Government in its report under Convention No. 182 that the Government has signed a Memorandum of Understanding with the Government of Brazil with the technical support of the ILO to undertake a project in supporting the implementation of the National Action Plan for the Elimination of Child Labour. The Committee requests the Government to provide information on the impact of the NCDP on the abolition of child labour. It also requests the Government to provide information on the implementation of the National Action Plan for the Elimination of Child Labour, and the results achieved.

Article 3(2). Determination of types of hazardous work. The Committee had previously noted the Government’s statement that the process of making rules and regulations to the Employment and Labour Relations Act was under way. The Committee notes the Government’s indication in its report that the Ministry of Labour and Employment has consulted with the stakeholders on the proposed regulation on the list of hazardous types of work in July 2011. This proposed regulation will be submitted to the Labour, Economic and Social Council for comments and finally to the Attorney General before it is finalized. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to adopt the regulation determining the list of types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the regulation, once it has been adopted.

Article 7(1). Minimum age for admission to light work. The Committee had previously noted that according to section 5(2) of the Employment and Labour Relations Act, 2004, a child of 14 years of age and above may only be employed to do light work which is not likely to be harmful to the child’s health and development, and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received. The Committee also notes that according to section 77(1) of the Law of the Child Act No. 21 of 2009, the minimum age for light work is 14 years. The Committee notes, however, that according to the Integrated Labour Force Survey of 2005, more than 34 per cent of children between 12 and 14 years are economically active. In this regard, the Committee reminds the Government that according to Article 7(1) and (4) of the Convention the national laws or regulations may permit persons from the age of 12 to engage in light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Accordingly, the Committee requests the Government to envisage the possibility of adopting provisions to regulate light work performed by children of 12 to 14 years.

Article 7(3). Determination of light work. The Committee notes that, according to section 8(3) of the draft Law of the Child (Child Labour) Regulations (draft Child Labour Regulations), in determining what constitutes light work, the employer shall take into account any hazards that are present on the premises or outside the premises when the child is involved in any form of delivery or work off the premises. Furthermore, section 8(4) of the draft Child Labour Regulations stipulates that light work shall not include the following: (a) work in any premises licensed or not licensed to sell intoxicating liquor, betting or gaming; (b) any work in which a child between the ages of 14 and 16 is required to carry loads of more than ten kgs; (c) work in any environment that increases risk to health and safety including places with dust or fumes, dangerous chemicals, excessive noise, vibrations, heat, bending, standing, or sitting down, places that are excessively wet or filled with water, work with sharp instruments, heavy machinery, carrying heavy loads on the back, head or shoulders, use of fire or exposed to flames; and (d) work that exposes the child to moral or psychological hazards including selling of pornographic materials, or any work that exposes a child to physical or sexual violence and abuse or activities, circumstances, words or any act that exposes a child to immorality or immoral behaviour. The Committee further notes that as per section 4(1) of the draft Child Labour Regulations a child shall not be employed during school hours, for more than two hours on a school day, for more than 16 hours a week, for work at night or, for more than 36 hours per week during school holidays. Moreover, section 9 lay down the provisions for rest and break periods during work for children of 14 years of age and prohibits overtime work. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Child Labour Regulations will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted that the Ministry of Education and Culture was in the process of formulating regulations respecting the participation of children in activities such as artistic performances, which also specifies the categories of permissible artistic work, conditions, and penalties for breaches. The Committee notes the Government’s information that the NCDP recognizes the right of children to participate in artistic performances and sports activities. However, The Committee requests the Government to indicate the provisions which provide for permits to be granted to children participating in cultural artistic performances and which limit the number of hours during which and prescribe the conditions under which such work may be permitted, in accordance with Article 8 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Ministry of Labour and Employment is working with the ILO on a project for improving labour law compliance, to strengthen labour inspection and to review labour inspection forms so as to improve the collection and compilation of child labour data. The Committee further notes the Government’s indication that the Ministry of Labour and Employment is also working with the Office of the Director of Prosecutions on delegating the labour officers with powers to prosecute cases of labour law contraventions. The Committee further notes that, according to the ILO–TBP report of 2010, a review of the situation of enforcement of child labour legislation in selected districts was undertaken in April 2009 which indicated that child labour is widely recognized and acknowledged as a problem and that there is a broad public support for its elimination. According to the ILO–TBP report of 2010, child labour is primarily confined to rural village settings where it is closely linked to school enrolment and drop-outs. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspection services so as to better monitor child labour, especially in the informal sector. It also requests the Government to provide data on child labour collected by the labour inspectors through the revised labour inspection forms, as well as information on the number and nature of violations detected with regard to child labour.

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the information in the Government’s report that the Ministry of Community Development, Gender and Children was in the process of reviewing the Child Development Policy to incorporate concerns on child labour and its worst forms. It had also noted that the Ministry of Community Development, Gender and Children had implemented several programmes aimed at promoting children’s rights and abolishing child labour such as: capacity-building programmes for stakeholders (stakeholders in 18 out of 21 regions reached so far); conducting advocacy and sensitization workshops based on specific themes for abolishing child labour; and establishment of a National Orphans Trust Fund for strengthening mechanisms to support and protect orphans and children living in difficult situations. The Committee notes the Government’s indication that the revised Child Development Policy is in the process of being translated into English. It also notes the Government’s statement that the programmes implemented by the Ministry of Community Development have contributed to a decrease in child labour and promotion of child rights. The Committee further notes the Government’s information that the Ministry of Community Development has integrated child labour issues into the curriculum for community development institutes which provide an opportunity for students to acquire knowledge on child labour. The Committee hopes that the Government will supply a copy of the revised Child Development Policy once it has been translated, along with its next report. It also requests the Government to continue providing information on the programmes implemented by the Ministry of Community Development, Gender and Children and the results attained, specifying their contribution to the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that, under sections 13 and 48(2) of the Employment Ordinance (Cap. 366), the terms of these provisions do not apply to employment relationships not deriving from a contract such as self-employment. The Committee further noting the provisions under section 86 of the Child Development Policy 1996, had asked the Government to indicate whether the prohibition on child labour contained therein relates to all economic activities performed by children younger than 14 years, irrespective of employment status. The Committee notes the Government’s statement that according to section 55 of the revised Child Development Policy of 2008, the exploitation of children through child labour is prohibited. It also notes the Government’s statement that under this policy the economic activities in which children are exploited through child labour include domestic work, mining, fishing, plantation, prostitution and small scale business. The Committee further notes the Government’s statement that the Employment Ordinance (Cap. 366) has been repealed and replaced by the Employment and Labour Relations Act No. 6 of 2004.

Article 3, paragraph 2. Determination of types of hazardous employment or work. The Committee notes the Government’s statement that the process of making rules and regulations to the Employment and Labour Relations Act is under way. The Committee also notes that according to the ILO–IPEC Progress Report of September 2009 on the project entitled “Support for the Time-bound Programme on the worst forms of child labour in Tanzania – II”, the process of integrating the list of hazardous types of work in the national labour laws will be completed in October 2009. The Committee expresses the firm hope that the regulation on the list of hazardous types of work will be adopted shortly in consultation with the social partners and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

Article 7, paragraph 3. Determination of light work. The Committee had previously noted the Government’s statement that the ongoing revision of the Child Development Policy had recognized children’s right to socialize in employment and also determines the types of work permitted at school. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the categories of employment permitted at school, and those allowing children to socialize, as per the revised Child Development Policy.

Article 8. Artistic performances. The Committee had previously noted that the Ministry of Education and Culture was in the process of formulating regulations respecting the participation of children in activities such as artistic performances, which also specifies the categories of permissible artistic work, conditions, and penalties for breaches. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope that the regulations respecting the participation of children in artistic performances have been duly adopted and it once again requests the Government to supply a copy of the same.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s statement that according to the Basic Education Statistics in Tanzania, 2007, the number of children enrolled in primary education schools has increased to 12,418,679 pupils in 2007, and the secondary school enrolment has increased to 1,020,510 pupils. According to the ILO–IPEC Progress Report, 2009, of the project entitled “Support for the Time-bound Programme on the worst forms of child labour in Tanzania – II”, a total of 20,143 children (10,015 boys and 10,128 girls) were withdrawn or prevented from child labour through educational services or training opportunities; and 2,375 children (912 boys and 1,463 girls) were withdrawn or prevented from child labour through other non-education related services. Moreover, according to the ILO–IPEC Progress Report of August 2008 of the project entitled “Towards sustainable action for prevention and elimination of child labour in tobacco farming in Urambo district, Tanzania”, a total of 600 children (224 girls and 376 boys) were withdrawn or prevented through educational services or training opportunities; and 1,000 children (488 girls and 512 boys) were withdrawn or prevented through other non-education related services, and a total of 612 families were provided with income generating activities. The Committee requests the Government to provide information on the application of the Convention in practice, including for example statistical data on the employment of children and young persons, extracts from reports of inspection services, and information on the number and nature of contraventions reported and penalties imposed.

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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments the Committee notes the Government’s information that the Ministry of Community Development, Gender and Children is in the process of reviewing the Child Development Policy to incorporate concerns on child labour and its worst forms. It notes that the Ministry of Community Development, Gender and Children has implemented several programmes aimed at promoting children’s rights and abolishing child labour such as: capacity-building programmes for stakeholders (stakeholders in 18 out of 21 regions reached so far); conducting advocacy and sensitization workshops based on specific themes for abolishing child labour; and establishment of a National Orphans Trust Fund for strengthening mechanisms to support and protect orphans and children living in difficult situations. The Committee requests the Government to provide a copy of the revised Child Development Policy once it has been reviewed. It also requests the Government to provide information on the impact of the programmes implemented by the Ministry of Community Development, Gender and Children in relation to the elimination of child labour.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that, under sections 13 and 48(2) of the Employment Ordinance (Cap. 366), the terms of these provisions do not apply to employment relationships not deriving from a contract such as self-employment. The Committee had requested the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children engaged in employment not deriving from a contract. The Committee notes the Government’s information that section 86 of the Child Development Policy 1996, prohibits the exploitation of children through child labour. The Committee asks the Government to indicate whether the prohibition on child labour under section 86 of the Child Development Policy 1996, relates to all economic activities performed by children younger than 14 years, irrespective of employment status.

Article 3, paragraph 2. Determination of types of hazardous employment or work. Following its previous comments, the Committee notes the Government’s information that efforts are being made by the Minister for issuing a regulation listing hazardous types of work. The Committee hopes that the regulation on the list of hazardous types of work will be adopted shortly and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

Article 7, paragraph 3. Determination of light work. The Committee had previously requested the Government to provide information on the categories of employment, those allowing children to socialize and those which may be permitted at school envisaged by the reform of the labour legislation. The Committee notes the Government’s information that the ongoing revision of the Child Development Policy has recognized children’s right to socialize in employment and also determines the types of work permitted at school. The Committee requests the Government to provide information on the categories of employment permitted at school, and those allowing children to socialize, as per the revised Child Development Policy.

Article 8. Artistic performances. The Committee had previously noted that the Ministry of Education and Culture was in the process of formulating regulations respecting the participation of children in activities such as artistic performances, which also specifies the categories of permissible artistic work, conditions, and penalties for breaches. The Committee hopes that the regulations respecting the participation of children in artistic performances have been duly adopted and it once again requests the Government to supply a copy of the same.

Part V of the report form. Application of the Convention in practice. The Committee notes that with the ILO/IPEC assistance, the United Republic of Tanzania is currently implementing the Time-bound Programme (TBP) on the Worst Forms of Child Labour which was launched in 2001 and has now entered its second phase. Within this framework, the following programmes were implemented: programmes for combating hazardous child labour in the commercial agriculture sector (Combating hazardous child labour in commercial agriculture in Tanzania (2000–03)); in the domestic sector (Combating child labour in the domestic sector in East Africa (2003–05)); and in tobacco farming (Urambo tobacco sector project entitled, Combating hazardous child labour in tobacco farming in Urambo district Phase I (2003–06) and Phase II (2007–10)). The Committee notes with interest that according to the ILO/IPEC Report on the project entitled “Combating child labour in the domestic sector in East Africa” (page 3), two major action programmes implemented under this programme in the United Republic of Tanzania prevented 760 children (588 girls and 172 boys) from being engaged in domestic labour and withdrew and rehabilitated 548 children (357 girls and 191 boys). The ILO/IPEC Progress Report 2004, (pages 4, 5, 11 and 12), on Urambo tobacco sector project Phase I indicates that, within this project, village child labour committees were established in 36 villages in the United Republic of Tanzania, whose members were trained in identifying, preventing and withdrawing child labourers and reintegrating them into primary school. Under this project, 537 children were withdrawn and reintegrated to primary education, 62 children were provided with vocational training and 889 children benefited through educational services or training opportunities.

In addition, the Government has initiated the Primary Education Development Programme (PEDP), the Secondary Education Development Programme (SEDP) and the Compulsory Basic Education Training (COBET). Moreover, the Poverty Reduction Strategy Paper (PRSP) has also put in place a number of programmes and plans aimed at improving education and eliminating illiteracy by 2010. According to the ILO/IPEC Progress Report 2006 (TBP, Phase I, page 2), the implementation of the PEDP has increased the school enrolment rates from 80.6 per cent in 2002 to 96.1 per cent in 2006, while the completion rate has increased from 57.8 per cent in 2002 to 68.7 per cent in 2006. The Committee requests the Government to provide information on the results achieved by the ILO/IPEC programmes in eliminating child labour and its worst forms, and on the results of the programmes to improve education under the PEDP and the PRSP. It also requests the Government to provide information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that, in consultation with social partners and other stakeholders, a Child Labour Policy was approved by the Labour Advisory Board in February 2000 and submitted to higher decision-making bodies for approval. The Committee requested the Government to provide information on this Child Labour Policy and to provide a copy of it. The Committee notes the Government’s information that there is already a Child Development Policy of 1996 under the Ministry of Community Development, Gender and Children which is now under review by the Cabinet. In its periodic report to the Committee on the Rights of the Child of 24 August 2005 (CRC/C/70/Add.26), the Government noted that the Child Development Policy of 1996 has been revised, and that the revision has been necessitated by the desire to address the emerging issues of HIV/AIDS, the protection of children from the worst forms of child labour, non-discrimination of children and the protection of the most vulnerable children (paragraph 19). The Committee further notes the Government’s information that, instead of a Child Labour Policy, the Ministry of Labour has a National Child Labour Elimination Strategy (NCLES) published in April 2004. The Committee notes that the Government has provided a copy of the NCLES with its report. It requests the Government to provide a copy of the revised Child Development Policy once it has been reviewed by the Cabinet.

Article 2. 1. Scope of application of the Convention. In its previous comments, the Committee noted that, under sections 13 and 48(2) of the Employment Ordinance (Cap. 366), the terms of these provisions do not apply to employment relationships not deriving from a contract such as self-employment. It therefore requested the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children exercising an economic activity on their own account. The Committee notes that no information has been provided by the Government on this point. It notes, however, that by virtue of section 4 of the Employment and Labour Relations Act, 2004, an “employee” means an individual who has entered into a contract of employment, and an “employer” means any person, including the Government and an executive agency, who employs an employee. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contract of employment and whether or not the work is remunerated. It therefore repeats its request to the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children engaged in employment not deriving from a contract.

2. Age of admission to employment or work. In its previous comments, the Committee noted that by virtue of the provisions of sections 2, 77(1) and 89(1) of the Employment Ordinance (Cap. 366), children under 15 years of age may be admitted to employment or work in any occupation. The Committee requested the Government to provide information on measures taken to bring the relevant legislation into conformity with Article 2, paragraph 4, of the Convention. The Committee notes the Government’s information that the United Republic of Tanzania has specified a minimum age of 14 years for entry into employment, after consultation with social partners, taking into account that compulsory primary education is between 7 and 13 years. It notes with interest the Government’s information that section 5(1) of the Employment and Labour Relations Act, 2004, prohibits the employment of a child under the age of 14 years. The Committee takes due note of this information.

Article 3. 1. Establishment of the minimum age for admission to hazardous work at 18 years. In its previous comments, the Committee noted the information provided by the Government that following the ratification of Convention No. 182, new legislation would establish a higher minimum age for admission to hazardous work and would provide for deterrent action and punitive measures. The Committee requested the Government to provide information on any progress in this respect. It notes the Government’s information that section 5(2) of the Employment and Labour Relations Act, 2004, provides that “A child under 18 years of age shall not be employed in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister.” The Committee takes due note of this information.

2. Determination of types of hazardous employment or work. In its previous comments, the Committee noted that, by virtue of section 79(1) of the Employment Ordinance (Cap. 366), no child or young person shall be employed in any employment which is injurious to health, dangerous or otherwise unsuitable. Reminding the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requested the Government to provide information on measures taken to determine the types of hazardous work in national legislation, and to provide information on the consultations held with organizations of employers and workers concerned in this regard. The Committee notes the Government’s information that, under section 5(6) of the Employment and Labour Relations Act, 2004, the Minister is given power to make regulations to determine a list of hazardous forms of work for children under 18 years of age, and to see to the periodic revision of this list. The Committee requests the Government to provide information on whether the Minister has determined the list of hazardous occupations prohibited to persons under the age of 18 and, if so, to provide a copy. It also requests information on consultations held with organizations of employers and workers on this subject.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. In its previous comments, the Committee noted that the Employment Ordinance (Cap. 366) does not apply to children engaged on a native vessel in which members of their family are only employed (section 89). The Committee requested the Government to state whether it intended to exclude children engaged on a native vessel in which members of their family only are employed from the Convention and, if so, to give the reasons. The Committee notes that section 5(3) of the Employment and Labour Relations Act, 2004, prohibits the employment of any person under the age of 18 as crew on a ship. For the purpose of this subsection, “ship” includes a vessel of any description used for navigation. The Committee takes due note of this information.

Article 6. Apprenticeship and vocational training. In its previous comments, the Committee noted the Government’s information that there are various training programmes in vocational schools and other training institutions. The Committee requested the Government to provide information on the conditions prescribed by the competent authority for any work done by children and authorized for the purposes set out in Article 6 of the Convention, and to provide information on the consultations held on this subject with the organizations of employers and workers concerned. The Committee notes that section 5(5) of the Employment and Labour Relations Act, 2004, provides that any written law regulating the provisions of training may permit a child under the age of 18 to work in a factory, mine, on board a ship, or in any other worksites provided that the health, safety, and morals of the child are fully protected and that the child has received or is receiving adequate specific instruction or vocational training in the relevant work or activity. The Committee takes due note of this information.

Article 7, paragraph 1. Age of authorization of employment in light work. In its previous comments, the Committee noted that a joint reading of the provisions of sections 2, 78(1)(a) and (b) of the Employment Ordinance (Cap. 366) showed that any child under 15 years of age may be admitted to employment or work. It requested the Government to provide information on the measures adopted or envisaged to ensure that no person under 12 years of age is authorized to perform light work, in accordance with the requirements set out in Article 7, paragraphs 1 and 4, of the Convention. The Committee notes the Government’s information that under section 5(2) of the Employment and Labour Relations Act, 2004, a child of 14 years of age and above may only be employed to do light work which is not likely to be harmful to the child’s health and development, and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received. The Committee takes due note of this information.

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that, according to a preliminary survey carried out by the Ministry of Labour on the economic activities of children, around 48 per cent of working children combine work and school. The Committee noted the Government’s indication that it hopes that the current reform of the labour legislation will clearly determine the types of work which will allow the socialization of children and which may be authorized at school. The Committee notes the Government’s information that the relevant regulations are not in place. Accordingly, the Committee repeats its request to the Government to provide information on the categories of employment (those allowing children to socialize and those which may be permitted at school) envisaged by the reform of the labour legislation.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that participation in activities such as artistic performances is regulated by the Film Censorship and Stage Plays Act of 1976. The Government added that regulations were currently being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances. These regulations should specify, among other matters, the categories of permissible artistic work, conditions, remuneration of children and penalties for breaches. The Committee notes the Government’s information that under section 5(6)(a) of the Employment and Labour Relations Act, 2004, the Minister for Labour shall make regulations to prohibit, or place conditions on the employment of children under 18 years of age. The Committee notes, however, that this provision does not specifically regulate the hours, conditions or types of employment of children in artistic performances. It therefore repeats its request to the Government to provide information concerning the procedure for issuing permits and the conditions to which they are subject, as well as information on the consultations held on this subject with the organizations of employers and workers concerned. The Committee also repeats its request to the Government to provide a copy of the Film Censorship and Stage Plays Act of 1976, and of the regulations being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances, when they have been adopted.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate whether the national legislation contains provisions providing for the appropriate penalties to ensure the enforcement of the Employment Ordinance (Cap. 366) respecting work by children and young persons (Part VII of the Ordinance) and, if so, to provide copies thereof. The Committee notes that section 102(2) of the Employment and Labour Relations Act, 2004, provides that any person convicted of any of the offences referred to in section 5 (child labour) may be sentenced to a fine and/or imprisonment. The Committee takes due note of this information.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government has provided a copy of the ILO/IPEC 2000‑01 Integrated Labour Force and Child Labour Survey, entitled “Child Labour in Tanzania”. The report provides detailed information and statistics on many aspects of child labour in the United Republic of Tanzania. The Committee notes with concern the report’s information that 1,271,813 children aged 5 to 9, and 2,204,687 children aged 10 to 14 are economically active. At least 1.2 million children are involved in the worst forms of child labour. Furthermore, the report provides that only 26 per cent of children aged 5 to 9 and 56 per cent of children aged 10 to 14 are attending school. The Committee notes the information provided in the NCLES which states that due to limited resources, very few workplaces and primary schools have been visited with a view to inspect and enforce the ban on child labour and compulsory education laws. The NCLES also notes that commercial sexual exploitation is on the rise in the United Republic of Tanzania, and that the working conditions of girls between the ages of 9 and 15 working as household domestics can be both exploitative and abusive. It is estimated that children in this sector work between 12 and 18 hours per day. It therefore appears that, while there is a legislative framework in place for the elimination of child labour, there are many problems in its practical application. The Committee expresses its deep concern about the actual situation of young children in the United Republic of Tanzania who are compelled to work out of personal need, and it strongly invites the Government to redouble its efforts to progressively improve the situation.

In this regard, the Committee notes with interest that the United Republic of Tanzania is one of the first countries to participate in the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour. In the United Republic of Tanzania, there exist numerous action programmes and projects related to child labour and its worst forms, including initiatives in the mining and agricultural sectors, hazardous work, the sexual exploitation of children, as well as preventing the worst forms of child labour through education and training. The Committee asks the Government to provide further information on the results achieved by the ILO/IPEC programmes in eliminating child labour and its worst forms. It further requests the Government to continue providing information on the manner in which the Convention is applied, including extracts of the reports of inspection services and information on the number and the nature of the violations reported.

The Committee further notes from the Government’s report to the Committee on the Rights of the Child that the government of Zanzibar initiated a Policy for Child Survival, Protection and Development (CSPD) in October 2001. The policy provides a far-reaching framework for the protection of children’s rights. Furthermore, in conjunction with the ILO, the government of Zanzibar launched a Gender and Promotion Programme in 2002. The aim of the programme is to heighten the economic status of women with the goal of reducing the problem of child labour. The programme has been run as a pilot project and, to date, 62 children have been removed from child labour in the area of Unguja and 112 in the area of Pemba. Out of 174 children, 88 were reintegrated in formal schools and 86 were sent to vocational training (paragraph 70). The Committee requests the Government to continue to provide information on the implementation and results of these programmes, as well as measures taken or envisaged to bring the legislation and practice in Zanzibar into conformity with the Convention.

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

The Committee notes that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee notes that, in consultation with the social partners and other stakeholders, a Child Labour Policy was approved by the Labour Advisory Board in February 2000 and submitted to higher decision-making bodies for approval. The Committee requests the Government to provide information on this Child Labour Policy and to provide a copy of it.

Article 2. Scope of application of the Convention. The Committee notes that, under the terms of section 13 of the Employment Ordinance (Cap. 366), no person shall employ any employee and no employee shall be employed under any contract of service except in accordance with the provisions of this Ordinance. It also notes that by virtue of section 48(2) of the Employment Ordinance, a young person shall not be capable of entering into a contract except for employment in an occupation approved by an administrative officer or labour officer as not being injurious to the moral or physical development of non-adults. The Committee notes that, under the terms of these provisions, the Employment Ordinance does not apply to employment relationships not deriving from a contract, such as self-employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contract of employment and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children exercising an economic activity on their own account.

2. Age of admission to employment or work. The Committee notes that under section 77(1) of the Employment Ordinance (Cap. 366), as amended by Act No. 5 of 1969, no child under the "prescribed age" shall be employed in any capacity whatsoever. Under the terms of subsection 3 of section 77, the term "prescribed age" means the apparent age of 12 years or such age between 12 years and 15 years as the minister may from time to time by order published in the Gazette declare to be the prescribed age. The Committee notes that section 89(1) of the Employment Ordinance provides that a child may be employed on a native vessel in which members of his/her family only are employed. Under section 2 of the Employment Ordinance, the term "child" means a person under the apparent age of 15 years. The Committee notes that by virtue of the above provisions, children under 15 years of age may be admitted to employment or work in any occupation. However, when ratifying the Convention, the United Republic of Tanzania specified 14 years as the minimum age for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. In its reports, the Government indicates that a reform of the labour legislation is being carried out and that it intends to amend the legislation respecting the minimum age for admission to employment, in order to bring it into conformity with the requirements of the Convention. The Committee hopes that the Government will take the necessary measures during this reform to ensure that effect is given to Article 2, paragraph 1, of the Convention by providing that no child under 14 years of age shall be admitted to employment or work in any occupation.

3. Compulsory school-leaving age. The Committee notes that under section 35(1) of the National Education Act, 1978 (No. 25), the compulsory school-leaving age is 13 years. It also notes the information provided by the Government in its report in 2003 according to which a reform of the current legislation is being carried out and the new Education Act will be in conformity with Article 2 of the Convention. The Committee recalls that the requirement set out in Article 2, paragraph 3, of the Convention is met where the minimum age for work, namely 14 years for Tanzania, is not less than the age of completion of compulsory schooling. Moreover, it considers it desirable for the age of completion of compulsory schooling to correspond to the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, to avoid any period of enforced inactivity. In this context, the Committee hopes that the Government will indicate any new developments on this point.

Article 3. 1. Establishment of the minimum age for admission to hazardous work at 18 years. The Committee notes the information provided by the Government in its report to the effect that, following the ratification of Convention No. 182, new legislation will establish a higher minimum age for admission to hazardous work and will provide for deterrent action and punitive measures. The Committee requests the Government to provide information on any progress in this respect.

2. Determination of types of hazardous employment or work. The Committee notes that, by virtue of section 79(1) of the Employment Ordinance (Cap. 366), no child or young person shall be employed in any employment which is injurious to health, dangerous, or otherwise unsuitable. The Committee notes that this provision of the Ordinance is of general application and that the national legislation does not contain provisions determining the types of hazardous employment or work prohibited for children and young persons under 18 years. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee requests the Government to take the necessary measures to include in the national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. In its reports, the Government indicates that no formal exclusion of any limited category of employment or work has been made from the application of the Convention. It also indicates that consultations are planned with the social partners on this subject. The Committee notes that the Employment Ordinance (Cap. 366) does not apply to children engaged on a native vessel in which members of their family only are employed (section 89). The Committee reminds the Government that Article 4, paragraph 1, of the Convention allows the competent authority not to apply the Convention to limited categories of employment of work in respect of which special and substantial problems of application would arise. The Committee further recalls that under Article 4, paragraph 2, of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children engaged on a native vessel in which members of their family only are employed from the application of the Convention and, if so, to give the reasons.

Article 5. The Committee notes the information provided by the Government in its reports that consultations on the possibility of limiting the scope of application of the Convention are envisaged with the social partners and that it hopes that the ongoing reform of the labour legislation will make it possible to specify the types of work which may be performed by children for their socialization and the work which may be authorized in school. The Committee reminds the Government that under the terms of Article 5 of the Convention, the possibility of limiting the scope of application of the Convention in respect of certain branches of economic activity or types of enterprises must be specified in a declaration appended to its ratification of the Convention. However, the Government did not avail itself of this possibility when ratifying the Convention. As a consequence, it is no longer possible for it to avail itself of this flexibility clause.

Article 6. The Committee notes the information provided by the Government in its report to the effect that there are various training programmes in vocational schools and other training institutions. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for any work done by children and authorized for the purposes set out in Article 6 of the Convention and to provide information on the consultations held on this subject with the organizations of employers and workers concerned.

Article 7. 1. Age of authorization of employment in light work. The Committee notes that under section 78(1) of the Employment Ordinance (Cap. 366), a child shall be employed only: (a) upon a daily wage and on a day-to-day basis; and
(b) upon the terms that he/she returns each night to the place of residence of his parent or guardian. Under section 2 of the Employment Ordinance, the term "child" means a person under the apparent age of 15 years. In its reports, the Government indicates that the activities carried out under the conditions set out in section 78(1)(a) and (b) of the Employment Ordinance are light work, which are not done in industries. The Committee notes that a joint reading of these provisions shows that any child under 15 years of age may be admitted to employment or work. The Committee reminds the Government that under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons from 12 to 14 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It requests the Government to provide information on the measures adopted or envisaged to ensure that no person under 12 years of age is authorized to perform light work, in accordance with the requirements set out in Article 7, paragraph 1, of the Convention.

2. Determination of light work. The Committee notes that the Employment (Restriction of Employment of Children) Regulations, 1957, establish certain conditions for the employment of a child (section 2). Accordingly, the load to be carried is limited, no work is permitted between 6 o’clock in the evening and 6 o’clock in the morning, the number of working hours is limited to three consecutive hours and six hours a day in total and a child may not work during school hours. The Committee also notes that, according to a preliminary survey carried out by the Ministry of Labour on the economic activities of children, around 48 per cent of working children combine work and school. In its reports, the Government indicates that it hopes that the current reform of the labour legislation will clearly determine the types of work which allow the socialization of children and which may be authorized at school. The Committee requests the Government to provide information on the categories of employment (those allowing children to socialize and those which may be permitted at school) envisaged by the current reform of the labour legislation.

The Committee reminds the Government that Article 7, paragraphs 3 and 4, of the Convention authorize children to perform light work from the age of 12 years on condition that this work is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school. It is the competent authority that determines the activities in which light employment or work may be permitted. The Committee requests the Government to provide information on the manner in which effect is given to the conditions set out in this provision of the Convention in respect of light work.

The Committee also notes that the Employment of Children (Exempted Occupations) Order of 1957, and sections 77 and 81(1) and (2) of the Employment Ordinance (Cap. 366), determine the activities which may be performed by children as from 12 years of age, namely: the planting, weeding and harvesting of crops other than those necessitating climbing trees; herding livestock; the outdoor spreading and sorting of fibre; pest control not involving the use of chemicals; and grading of seeds and tobacco leaves not involving the use of machinery. The Committee requests the Government to indicate the manner in which it is ensured that this work is not likely to be harmful to the health or development of children and that it is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received.

Article 8.  In its reports, the Government indicates that participation in activities such as artistic performances is regulated by the Film Censorship and Stage Plays Act of 1976. It adds that regulations are currently being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances. These regulations should specify, among other matters, the categories of permissible artistic work, conditions, remuneration of children and penalties for breaches. The Committee would be grateful if the Government would provide a copy of the Film Censorship and Stage Plays Act of 1976, and of the above regulations when they have been adopted.

In this respect, the Committee reminds the Government that under the terms of Article 8 of the Convention, participation in activities such as artistic performances may be authorized by the competent authority in individual cases, after consultation with the organizations of employers and workers concerned, where such exist. The permits granted in such cases shall limit the number of hours during which, and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information concerning the procedure for issuing permits and the conditions to which they are subject. It also requests the Government to provide information on the consultations held on this subject with the organizations of employers and workers concerned.

Article 9. The Committee requests the Government to indicate whether the national legislation contains provisions providing for appropriate penalties to ensure the enforcement of the provisions of the Employment Ordinance (Cap. 366) respecting work by children and young persons (Part VII of the Ordinance), in accordance with Article 9, paragraph 1, of the Convention and, if so, to provide copies thereof. It also requests the Government to indicate whether the national legislation provides that registers or other documents shall be kept and made available by the employer and shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age, in accordance with Article 9, paragraph 3, of the Convention.

Part V of the report form. The Committee notes the preliminary report of the survey of children’s economic activities published by the Ministry of Labour in 2001. According to this survey, child labour is increasing in certain sectors, particularly in mining, manufacturing, construction, transport, the repair of motor vehicles and the informal sector. The Committee requests the Government to provide a copy of the final survey on children’s economic activities. It also requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistics on the employment of children and young persons, extracts of the reports of the inspection services and information on the number and nature of the violations reported.

The Committee notes that the Government has not provided information on Tanganyika and Zanzibar. It requests it to provide information on child labour in these provinces and to indicate the applicable legislation.

The Committee hopes that the reform of the labour legislation will take into account the points raised above. In this respect, it reminds the Government of the possibility of having recourse to the technical assistance of the Office for this purpose.

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

The Committee notes the information provided by the Government in its first and subsequent reports. It also notes with interest that, on 12 September 2001, the United Republic of Tanzania ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that it is one of the first countries to participate in the Time-Bound Programme (TBP) on the worst forms of child labour.

Article 1 of the Convention. The Committee notes that, in consultation with the social partners and other stakeholders, a Child Labour Policy was approved by the Labour Advisory Board in February 2000 and submitted to higher decision-making bodies for approval. The Committee requests the Government to provide information on this Child Labour Policy and to provide a copy of it.

Article 2. 1. Scope of application of the Convention. The Committee notes that, under the terms of section 13 of the Employment Ordinance (Cap. 366), no person shall employ any employee and no employee shall be employed under any contract of service except in accordance with the provisions of this Ordinance. It also notes that by virtue of section 48(2) of the Employment Ordinance, a young person shall not be capable of entering into a contract except for employment in an occupation approved by an administrative officer or labour officer as not being injurious to the moral or physical development of non-adults. The Committee notes that, under the terms of these provisions, the Employment Ordinance does not apply to employment relationships not deriving from a contract, such as self-employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contract of employment and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children exercising an economic activity on their own account.

2. Age of admission to employment or work. The Committee notes that under section 77(1) of the Employment Ordinance (Cap. 366), as amended by Act No. 5 of 1969, no child under the "prescribed age" shall be employed in any capacity whatsoever. Under the terms of subsection 3 of section 77, the term "prescribed age" means the apparent age of 12 years or such age between 12 years and 15 years as the minister may from time to time by order published in the Gazette declare to be the prescribed age. The Committee notes that section 89(1) of the Employment Ordinance provides that a child may be employed on a native vessel in which members of his/her family only are employed. Under section 2 of the Employment Ordinance, the term "child" means a person under the apparent age of 15 years. The Committee notes that by virtue of the above provisions, children under 15 years of age may be admitted to employment or work in any occupation. However, when ratifying the Convention, the United Republic of Tanzania specified 14 years as the minimum age for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. In its reports, the Government indicates that a reform of the labour legislation is being carried out and that it intends to amend the legislation respecting the minimum age for admission to employment, in order to bring it into conformity with the requirements of the Convention. The Committee hopes that the Government will take the necessary measures during this reform to ensure that effect is given to Article 2, paragraph 1, of the Convention by providing that no child under 14 years of age shall be admitted to employment or work in any occupation.

3. Compulsory school-leaving age. The Committee notes that under section 35(1) of the National Education Act, 1978 (No. 25), the compulsory school-leaving age is 13 years. It also notes the information provided by the Government in its report in 2003 according to which a reform of the current legislation is being carried out and the new Education Act will be in conformity with Article 2 of the Convention. The Committee recalls that the requirement set out in Article 2, paragraph 3, of the Convention is met where the minimum age for work, namely 14 years for Tanzania, is not less than the age of completion of compulsory schooling. Moreover, it considers it desirable for the age of completion of compulsory schooling to correspond to the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, to avoid any period of enforced inactivity. In this context, the Committee hopes that the Government will indicate any new developments on this point.

Article 3. 1. Establishment of the minimum age for admission to hazardous work at 18 years. The Committee notes the information provided by the Government in its report to the effect that, following the ratification of Convention No. 182, new legislation will establish a higher minimum age for admission to hazardous work and will provide for deterrent action and punitive measures. The Committee requests the Government to provide information on any progress in this respect.

2. Determination of types of hazardous employment or work. The Committee notes that, by virtue of section 79(1) of the Employment Ordinance (Cap. 366), no child or young person shall be employed in any employment which is injurious to health, dangerous, or otherwise unsuitable. The Committee notes that this provision of the Ordinance is of general application and that the national legislation does not contain provisions determining the types of hazardous employment or work prohibited for children and young persons under 18 years. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee requests the Government to take the necessary measures to include in the national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. In its reports, the Government indicates that no formal exclusion of any limited category of employment or work has been made from the application of the Convention. It also indicates that consultations are planned with the social partners on this subject. The Committee notes that the Employment Ordinance (Cap. 366) does not apply to children engaged on a native vessel in which members of their family only are employed (section 89). The Committee reminds the Government that Article 4, paragraph 1, of the Convention allows the competent authority not to apply the Convention to limited categories of employment of work in respect of which special and substantial problems of application would arise. The Committee further recalls that under Article 4, paragraph 2, of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children engaged on a native vessel in which members of their family only are employed from the application of the Convention and, if so, to give the reasons.

Article 5. The Committee notes the information provided by the Government in its reports that consultations on the possibility of limiting the scope of application of the Convention are envisaged with the social partners and that it hopes that the ongoing reform of the labour legislation will make it possible to specify the types of work which may be performed by children for their socialization and the work which may be authorized in school. The Committee reminds the Government that under the terms of Article 5 of the Convention, the possibility of limiting the scope of application of the Convention in respect of certain branches of economic activity or types of enterprises must be specified in a declaration appended to its ratification of the Convention. However, the Government did not avail itself of this possibility when ratifying the Convention. As a consequence, it is no longer possible for it to avail itself of this flexibility clause.

Article 6. The Committee notes the information provided by the Government in its report to the effect that there are various training programmes in vocational schools and other training institutions. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for any work done by children and authorized for the purposes set out in Article 6 of the Convention and to provide information on the consultations held on this subject with the organizations of employers and workers concerned.

Article 7. 1. Age of authorization of employment in light work. The Committee notes that under section 78(1) of the Employment Ordinance (Cap. 366), a child shall be employed only: (a) upon a daily wage and on a day-to-day basis; and (b) upon the terms that he/she returns each night to the place of residence of his parent or guardian. Under section 2 of the Employment Ordinance, the term "child" means a person under the apparent age of 15 years. In its reports, the Government indicates that the activities carried out under the conditions set out in section 78(1)(a) and (b) of the Employment Ordinance are light work, which are not done in industries. The Committee notes that a joint reading of these provisions shows that any child under 15 years of age may be admitted to employment or work. The Committee reminds the Government that under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons from 12 to 14 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It requests the Government to provide information on the measures adopted or envisaged to ensure that no person under 12 years of age is authorized to perform light work, in accordance with the requirements set out in Article 7, paragraph 1, of the Convention.

2. Determination of light work. The Committee notes that the Employment (Restriction of Employment of Children) Regulations, 1957, establish certain conditions for the employment of a child (section 2). Accordingly, the load to be carried is limited, no work is permitted between 6 o’clock in the evening and 6 o’clock in the morning, the number of working hours is limited to three consecutive hours and six hours a day in total and a child may not work during school hours. The Committee also notes that, according to a preliminary survey carried out by the Ministry of Labour on the economic activities of children, around 48 per cent of working children combine work and school. In its reports, the Government indicates that it hopes that the current reform of the labour legislation will clearly determine the types of work which allow the socialization of children and which may be authorized at school. The Committee requests the Government to provide information on the categories of employment (those allowing children to socialize and those which may be permitted at school) envisaged by the current reform of the labour legislation.

The Committee reminds the Government that Article 7, paragraphs 3 and 4, of the Convention authorize children to perform light work from the age of 12 years on condition that this work is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school. It is the competent authority that determines the activities in which light employment or work may be permitted. The Committee requests the Government to provide information on the manner in which effect is given to the conditions set out in this provision of the Convention in respect of light work.

The Committee also notes that the Employment of Children (Exempted Occupations) Order of 1957, and sections 77 and 81(1) and (2) of the Employment Ordinance (Cap. 366), determine the activities which may be performed by children as from 12 years of age, namely: the planting, weeding and harvesting of crops other than those necessitating climbing trees; herding livestock; the outdoor spreading and sorting of fibre; pest control not involving the use of chemicals; and grading of seeds and tobacco leaves not involving the use of machinery. The Committee requests the Government to indicate the manner in which it is ensured that this work is not likely to be harmful to the health or development of children and that it is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received.

Article 8. In its reports, the Government indicates that participation in activities such as artistic performances is regulated by the Film Censorship and Stage Plays Act of 1976. It adds that regulations are currently being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances. These regulations should specify, among other matters, the categories of permissible artistic work, conditions, remuneration of children and penalties for breaches. The Committee would be grateful if the Government would provide a copy of the Film Censorship and Stage Plays Act of 1976, and of the above regulations when they have been adopted.

In this respect, the Committee reminds the Government that under the terms of Article 8 of the Convention, participation in activities such as artistic performances may be authorized by the competent authority in individual cases, after consultation with the organizations of employers and workers concerned, where such exist. The permits granted in such cases shall limit the number of hours during which, and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information concerning the procedure for issuing permits and the conditions to which they are subject. It also requests the Government to provide information on the consultations held on this subject with the organizations of employers and workers concerned.

Article 9. The Committee requests the Government to indicate whether the national legislation contains provisions providing for appropriate penalties to ensure the enforcement of the provisions of the Employment Ordinance (Cap. 366) respecting work by children and young persons (Part VII of the Ordinance), in accordance with Article 9, paragraph 1, of the Convention and, if so, to provide copies thereof. It also requests the Government to indicate whether the national legislation provides that registers or other documents shall be kept and made available by the employer and shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age, in accordance with Article 9, paragraph 3, of the Convention.

Part V of the report form. The Committee notes the preliminary report of the survey of children’s economic activities published by the Ministry of Labour in 2001. According to this survey, child labour is increasing in certain sectors, particularly in mining, manufacturing, construction, transport, the repair of motor vehicles and the informal sector. The Committee requests the Government to provide a copy of the final survey on children’s economic activities. It also requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistics on the employment of children and young persons, extracts of the reports of the inspection services and information on the number and nature of the violations reported.

The Committee notes that the Government has not provided information on Tanganyika and Zanzibar. It requests it to provide information on child labour in these provinces and to indicate the applicable legislation.

The Committee hopes that the reform of the labour legislation will take into account the points raised above. In this respect, it reminds the Government of the possibility of having recourse to the technical assistance of the Office for this purpose.