Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Republic of Tanzania (Ratification: 2002)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that, in its report, the Government recalls the general legal framework prohibiting sexual violence and sexual harassment in both the public and private sectors, namely section 138(D) of the Sexual Offenses Special Provisions Act, 1998, section II(6) of the Code of Ethics and Conduct for the Public Service, 2003, and section 7(5) of the Employment and Labour Relations Act (ELRA), Cap. 366 2019. The Government adds that, according to sections 7(1) and 7(2) of the ELRA, every employer strives to eliminate discrimination and shall register with the Labour Commissioner a plan to eliminate discrimination in the workplace, including sexual harassment. The Committee further notes the Government’s general statement that it is continuously taking measures to increase public awareness regarding sexual harassment, through various communications in television and radio programmes. It also takes note of a 2013 judgment of the High Court, attached to the Government’s report, which dismissed a complaint made by an employee found guilty of sexual harassment for unfair termination of his employment contract. However, the Committee observes that the Tanzanian Legal and Human Rights Centre (LHRC), in its 2021/2022 Human Rights and Business Report, found that the issues of sexual violence and sexual harassment are still among the most pressing matters facing women in the business sector. The same report indicates that more than half of workers (52.6 per cent) acknowledge that psychological and sexual violence exists in their workplaces, and that 21.3 per cent of workers explicitly mention sexual violence. The Committee further notes that, according to the 2021 Human Rights Report issued by the LHRC, sexual violence and sexual harassment against women are particularly prominent in the media sector, with editors and human resources officers being the most common perpetrators. The same report also states that acts of sexual violence continue to be a big challenge for schoolchildren, especially girls, with their teachers being among the perpetrators. Considering the high prevalence of violence against women, the Committee wishes to recall the gravity of sexual violence and sexual harassment, which constitute a serious manifestation of sex discrimination. Consequently, the Committee asks the Government to strengthen its efforts to effectively prevent and eliminate sexual violence and sexual harassment at workplaces and education institutions, including by fighting stigma surrounding it and impunity of perpetrators of such violence. It further urges the Government to provide information on:

• (i)the plans to eliminate discrimination in the workplace, including sexual harassment, developed and registered by employers with the Labour Commissioner in virtue of sections 7(1) and 7(2) of the ELRA;
• (ii)any other proactive measures taken or envisaged to prevent and eradicate sexual violence and sexual harassment at workplaces, especially in the media sector, as well as education institutions; and
• (iii)the number, nature and outcome of complaints or cases of sexual harassment arising in the context of work or education, including any penalties imposed and compensations awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes the Government’s indication that it has adopted the National Development Vision 2025, aimed among other things at attaining gender equality in all socioeconomic, political and cultural aspects by 2025. However, the Government does not provide information on the measures taken or envisaged to promote equality and eliminate discrimination with respect to grounds other than sex, such as for example race, colour, religion, political opinion, national extraction or social origin. The Committee also takes note of the Government’s statement that the Labour Commission has developed Guidelines to help employers in the process of elaborating plans to promote equal opportunities and eliminate discrimination, as provided under sections 7(1) and 7(2) of the Employment and Labour Relations (ERLA) Act, Cap. 366 2019. It observes, however, that the Government does not provide information on the content of the Guidelines in question, nor on the plans elaborated by employers on the basis of these Guidelines. The Committee further notes the Government’s statement that it plans to strengthen the Labour Information Management System and the Labour Inspection Unit by creating an online platform, which will facilitate its efforts to eliminate discrimination at the workplace. The Government adds that joint inspections are currently being conducted by the occupational safety and health officers, the labour officers and the social security officers, which effectively promote equality of opportunity and treatment. The Committee asks the Government to:

• (i)provide information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and eliminate discrimination on all the grounds other than sex listed in Article 1(1)(a) of the Convention, as well as on any additional grounds prohibited by national legislation;
• (ii)provide a copy of the Guidelines developed by the Labour Commission to assist employers in formulating plans on promoting equal opportunities and eliminating discrimination at the workplace required by law, and statistical data on the number of any such plans registered with the Labour Commission; and
• (iii)keep it informed of the progress of the creation of the online platform aimed at strengthening the role of the Labour Information Management System and the Labour Inspection Unit in combatting discrimination in employment and occupation, as well as of the impact of the joint inspections conducted by the occupational safety and health officers, the labour officers and the social security officers on preventing and eliminating discrimination in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s general statement that, since the enactment of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”, no single application for a work permit has been rejected for reasons that can be qualified as discriminatory. The Committee therefore asks the Government to provide information on:

• (i)the number of work permits that have been refused by the Labour Commissioner on the basis of the above-mentioned provision, and the reasons thereof; and
• (ii)any cases of discrimination related to race, colour and national extraction against non-citizens that have been dealt with by the competent authorities, as well as the remedies provided.

General observation of 2018. The Committee takes note of the Government’s general statement that efforts are being constantly made to ensure that there is no discrimination based on race, colour and national extraction in employment and occupation. The Committee therefore asks the Government to provide information on:

• (i)the laws, policies, programmes, mechanisms, participatory processes and remedies designed to prevent and eliminate discrimination on the grounds of race, colour and national extraction in employment and occupation, address prejudices and stereotypes and promote mutual understanding and tolerance among all sections of the population; and
• (ii)the measures taken or envisaged with regard to non-citizens, in order to address gaps in education, training and skills, provide unbiased vocational guidance, recognise and validate the qualifications obtained abroad, and value and recognise traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation.

Enforcement. The Committee notes the Government’s statement that it has continued strengthening the legal aid institutions, in order to improve access to justice for marginalised social groups, such as the indigent, women, children and persons with disabilities. The Government adds that the Legal Aid Act No. 1 of 2017 supports and encourages paralegals, who have the potential to access remote and rural regions and offer basic legal education to persons severely limited in their access to justice, including women and children. The Committee further notes the Government’s statement that labour officers have been regularly taking relevant steps and actions towards investigating and initiating court proceedings with respect to equal treatment in employment and occupation. In this regard, the Committee notes that, according to the Labour Inspection Manual of 2020 attached to the Government’s report, the labour officers must report on any contravention relating to the Employment and Labour Relations Act (ELRA), including on the absence of a plan established by the employer to promote equal opportunity and eliminate discrimination at the workplace in virtue of the ELRA. The Committee therefore asks the Government to provide information on:

• (i)the activities undertaken to raise public awareness on the provisions of the Convention, in particular by paralegals;
• (ii)the procedures and remedies available to victims of discrimination in employment and occupation; and
• (iii)any cases concerning discrimination in employment and occupation detected or settled by the labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee observes that, in its report, the Government provides no information on the concrete measures taken to address the high prevalence of sex discriminatory hiring and advertising practices in the country previously noted, and merely refers to the general provisions of the Employment and Labour Relations Act (ELRA), Cap. 366 2019, and the Employment and Labour Relations (Code of Good Practice) Rules, 2007, on prohibition of discrimination in the workplace. The Committee again urges the Government to take without delay, in cooperation with the social partners, all the necessary measures to ensure that the principle of non-discrimination on the grounds of sex is effectively applied in hiring and advertising practices, including through awareness-raising activities aimed at eliminating stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. It also again asks the Government to communicate updated statistical data on the percentage of job vacancies still containing a sex preference.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee notes the Government’s indication that the implementing regulations of the HIV and AIDS Prevention and Control Act No. 28 of 2008 were adopted in 2010. It observes, however, that the regulations mentioned by the Government do not concern specifically section 52(m) of Act No. 28 of 2008, which provides that “the Minister may make regulations prescribing the circumstances under which a person may be regarded to stigmatise and discriminate a person living with HIV and AIDS”, but sections 52(a) to 52(e) on counselling and testing, use of antiretroviral medicines (ARVs) and disclosure. In addition, although the Government provides no information on the implementation of the third National Multisectoral Strategic Framework for HIV and AIDS for 2013/14 to 2017/18 with respect to employment and occupation discrimination based on HIV and AIDS status in the public and private sectors, the Committee observes that, in November 2018, the Prime Minister’s Office published a new National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23, aiming at zero stigma and discrimination against persons living with HIV and AIDS. The Committee further notes the Government’s indication that no cases of discrimination on the basis of HIV and AIDS status in employment and occupation were submitted to the labour officers, the courts or any other authority. In that regard, it wishes to draw the Government’s attention to the fact that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on fundamental Conventions, paragraph 870). Recalling that the effective application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, the Committee asks the Government to provide information on: (i) the impact of the measures and initiatives adopted to implement the National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23 with respect to employment and occupation discrimination based on HIV and AIDS status, both in the public and private sectors; (ii) its efforts to ensure effective access to remedies for victims of such discrimination, as well as sufficient resources and adequate training for relevant institutions; and (iii) the number, nature and outcome of cases of employment and occupation discrimination based on HIV and AIDS status examined by the labour inspectorate, the courts or relevant equality bodies.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes the general information provided by the Government regarding the provisions of the Employment and Labour Relations Act (ELRA), Cap. 366 2019, and the Public Service Regulations, 2003, on promotion of equality between men and women at the workplace. It observes, however, that the Government provides no information on the specific measures taken to promote women’s economic empowerment and access to formal employment and address vertical and horizontal segregation between men and women in the labour market. In this regard, the Committee notes that, according to the Integrated Labour Force Survey 2020/21 conducted by the National Bureau of Statistics (NBS) and the Office of the Chief Government Statistician Zanzibar (OCGS), the unemployment rate is significantly higher for women (12.7 per cent) than men (5.8 per cent). Furthermore, the 2021 Global Gender Gap Report of the World Economic Forum shows that women remain disproportionately concentrated in informal employment, as 93 per cent of working women are employed in the informal sector. The Committee also notes, from the Integrated Labour Force Survey 2020/21, the persistent gender occupational segregation of the labour market, with women still being over-represented in sectors such as the household and domestic worker’s sector. In light of the persistent gender stereotypes and occupational gender segregation of the labour market and the absence of substantial progress made in the past years, the Committee urges the Government to strengthen its efforts to promote effective equality of treatment and opportunity for men and women in employment and occupation, in both law and practice. It asks the Government to provide information on the concrete measures implemented, including in collaboration with the social partners, in order to address both vertical and horizontal occupational gender segregation, for example: (i) by promoting women’s economic empowerment, access to formal employment as well as to decision-making positions; and (ii) by raising public awareness, with a view to combating stereotypes regarding women’s professional aspirations, preferences and capabilities and their role and responsibilities in the family and society. The Committee further asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access of women to education and vocational training. The Committee notes the various initiatives taken by the Government to increase the enrolment rate of children and adolescents in education, mainly through the National Strategy on Inclusive Education (2018–2021) and the Secondary Education Improvement Programme (2020-2025). It also notes that, according to 2021 statistics of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the gross enrolment ratio in primary and secondary education was higher for girls (98.99 per cent for primary and 29.81 per cent for secondary education) than boys (95.37 per cent for primary and 27.54 per cent for secondary education). UNESCO data shows, however, that the enrolment in technical and vocational education and training programmes remains lower for women (0.6 per cent) than men (3.1 per cent), and that the gross enrolment ratio in tertiary education is 7.1 per cent for women, compared to an enrolment ratio of 8.5 per cent for men. The Committee further notes the Government’s indication that it instructed all education administrators to stop the practice of mandatory pregnancy testing of girls as a precondition for admission to lower and upper secondary education. The Government adds that pregnant girls can be readmitted to informal school centres, commonly known as “Open Schools”. The Committee observes, however, that in its Decision No. 002/2022 of 15 September 2022, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) found the United Republic of Tanzania in violation of the African Charter on the Rights and Welfare of the Child, and recommended the Government to immediately prohibit mandatory pregnancy testing in schools, review the Education Regulations by indicating that the moral ground of expulsion should not apply in cases of pregnancy, and immediately readmit schoolgirls who have been expelled due to pregnancy. In this regard, the Committee recalls that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to explicitly prohibit pregnancy testing as a precondition for admission to all levels of education and provide information on measures taken (including any sanctions imposed), to ensure that this prohibition is effectively applied in practice, meaning that all students expelled due to pregnancy are effectively readmitted to school. The Committee further reiterates its request to the Government to provide information on the measures taken to enhance access of girls and women to vocational training and higher education, in particular to professions where women are under-represented. Please also provide up-to-date information on the number of men and women enrolled in vocational training and education, including information on the share of men and women in the different areas of specialization.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that sections 138(D)(3) and 148(D)(1) of the Sexual Offenses Special Provisions Act, 1998 penalize generally sexual harassment. It also notes that section 7(5) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) provides that harassment of employees shall be a form of discrimination and shall be prohibited based on any one of the grounds mentioned in section 7(4) – which includes sex and gender. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern about the high prevalence of violence against women, the reluctance of victims of sexual violence to report cases of abuse to the police because of the stigma surrounding it and the impunity for perpetrators of such violence, in particular teachers (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 22 and 30). The Committee further notes that, in its Human Rights Situation Report (from January to June 2018), the Tanzanian Legal and Human Rights Centre indicated that sexual violence against women and children had increased, and that sexual favours continued to be asked of women in return for access to employment and promotion. Female students were also subject to requests for sexual favours from teachers. Recalling the gravity of sexual harassment which is a serious manifestation of sex discrimination (see the General Survey on the fundamental Conventions of 2012, paragraphs 789–794), the Committee asks the Government to take proactive measures to ensure that its existing legislation is effectively applied in practice in order to prevent and address all forms of sexual harassment in education institutions and at workplaces. It asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment and of the relevant applicable legislative provisions and procedures and mechanisms available and to encourage victims of sexual harassment to seek redress, and the remedies available. It also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment arising in the context of work or education, including the penalties imposed and compensation awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee previously noted that educational activities were carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace. With reference to its observation, the Committee, notes the Government’s indication that a generic plan for employers to promote equal opportunity and eliminate discrimination at the workplace is being developed with a view to giving effect to the provisions of sections 7(1) and (2) of the ELRA, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, in collaboration with the ILO and employers’ and workers’ organizations. The Committee notes, however, that the Government has not provided information on a national equality policy covering all the grounds of discrimination provided for in the ELRA. The Committee asks the Government to provide information on the development and implementation of any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the grounds other than sex listed in Article 1(1)(a) of the Convention, and on any other grounds of discrimination prohibited by its national legislation. The Government is also asked to provide information on any steps taken or envisaged in this regard. It asks the Government to provide information on any plan formulated to promote equal opportunity and to eliminate discrimination at the workplace, in virtue of section 7(1) and (2) of the Employment and Labour Relations Act.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey, Tanzanian citizens accounted for 98.9 per cent of total regular employees in the formal sector in 2016, while non-citizens accounted for 1.1 per cent. Non-citizens are mostly employed in manufacturing (30.9 per cent), education (17.8 per cent) and trade (12 per cent). The Committee further notes that according to the data available from the World Bank, migrant workers are likely to be employed in the informal sector. The Committee takes note of section 11(2) of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It further notes that according to section 6(1)(d) of the Non-Citizens (Employment Regulations) Regulations of 2016, the Labour Commissioner may not issue a work permit unless he is satisfied that the employer has provided sufficient evidence from recognized job search mechanism that he has been unable to fill the particular post(s) due to a lack of suitably qualified personnel in the Tanzanian labour market. Furthermore, section 9(2)(b) of the Regulations provides that before granting permission for bulk recruitment, the Labour Commissioner must satisfy himself that the employer has made every possible effort to recruit local employees but has been unable to find suitable candidates. The Committee wishes to point out that the Convention requires that the application of legal provisions providing priority to residents in respect of access to employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention (see the 2012 General Survey, paragraph 781). The Committee therefore asks the Government to provide information on the application of section 11(2) of the Non-Citizens (Employment Regulation) Act, as well as sections 6(1)(d) and 9(2)(b) of the Regulations in practice, in order to ensure that such provisions do not involve or lead to indirect discrimination on the ground of race, colour or national origin and effectively ensure equality of opportunity and equality in the treatment of migrant workers in employment and occupation. It asks the Government to provide information on the number of work permits that have been refused by the Labour Commissioner on the ground of the above-mentioned provisions, as well as on any cases of discrimination related to race, colour and national extraction relating to non-citizens that have been dealt with by the competent authorities, as well as on the remedies provided.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Further, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Noting that the Government does not provide information on the application of the Convention in practice, the Committee however notes that, in its concluding observations, the CEDAW was concerned that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, the imposition of legal fees and a lack of legal literacy, especially in rural areas, and more particularly that customary judicial mechanisms to which women most often resort are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any activities undertaken to this end. It also asks the Government to provide detailed information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee previously noted that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes the Government’s indication in its report that it is developing, with the support of the ILO and in consultation with employers’ and workers’ organizations, a plan with a view to giving effect to the provisions of section 7(1) and (2) of the Employment and Labour Relations Act No. 6 of 2004 (ELRA), which require an employer to prepare and register with the Labour Commissioner a plan to promote equal opportunities and eliminate discrimination at the workplace. It notes the Government’s statement that this plan will provide guidance to employers on the implementation of all matters relating to equality and discrimination, including sex based discrimination in recruitment and job advertisements. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey carried out by the National Bureau of Statistics (NBS), 6.7 per cent of job vacancies still contained a sex preference. It notes that 4.4 per cent of those vacancies (representing 8,914 job vacancies) preferred male employees, while specific sectors which are traditionally considered as female dominated preferred female candidates, such as clerical occupations (92 per cent of job vacancies preferred women). The Committee recalls that recruitment decisions that are based upon stereotyped assumptions regarding women’s capabilities and their suitability for certain jobs is a form of sex discrimination. Such discrimination results in segregation of men and women in the labour market. The Committee reminds the Government that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention, and that only objective recruitment criteria should be used in the choice of the candidate (see the 2012 General Survey on the fundamental Conventions, paragraphs 754 and 783). The Committee therefore urges the Government to address without delay discriminatory advertising and hiring practices, through the development and implementation of the envisaged generic plan to promote equal opportunity and eliminate discrimination or otherwise through awareness-raising activities, in order to eliminate gender stereotypes, including stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. The Government is further asked to provide information on any steps taken to encourage women to apply for posts traditionally held by men. The Committee also asks the Government to provide information on the proactive measures taken to this end, including in collaboration with employers’ and workers’ organizations, and to continue to provide statistical information on the number of job vacancies containing a sex preference.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee previously noted the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Committee notes that the Government repeats the information provided in it last report, namely that (i) the regulations under section 52(m) of Act No. 28 of 2008 have not yet been adopted; (ii) the Tripartite Code of Conduct on HIV and AIDS at the workplace, providing for the promotion of equal opportunities and the elimination of stigma and discrimination at workplaces, has been reviewed in collaboration with the social partners; and (iii) the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14-2017/18 has been adopted. It notes, however, that the Government has not provided the information previously requested by the Committee in this regard. The Committee further notes that in the framework of the Universal Periodic Review, the United Nations Country Team (UNCT) in Tanzania stated that discrimination related to HIV/AIDS remained institutionalized at the workplace and the practice was prevalent, inter alia, in certain large mining companies in the private sector and in the police force (A/HRC/WG.6/25/TZA/2, 7 March 2016, paragraph 17). Noting that the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14–2017/18 aims at zero stigma and discrimination against persons living with HIV, including in the workplace interventions both in the public and private sectors, the Committee repeats its request that the Government provide information on the implementation of the Framework with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation in the public and private sectors, in particular in the police force. The Committee requests that the Government provide a timetable for the adoption of the implementing regulations of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008, and asks the Government to provide a copy of such regulations once adopted. The Committee also asks the Government to provide information on any cases of discrimination on the ground of HIV status in employment and occupation dealt with by the labour officers, the courts or any other authorities, specifying the penalties imposed and the compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the low participation rate of women in the economy and the continued occupational gender segregation in the labour market. The Committee notes the Government’s general statement that it has continued to take affirmative action, reaffirming its commitment to improving women’s access to education, training, employment and income generation. The Government refers in particular to the measures taken to increase women’s access to credit facilities and loans, in collaboration with the private sector, development partners and civil society organizations, including through the Women Development Fund, and to promote rural micro finance services, such as the Savings and Credit Cooperative Societies and the Village Community Banks (VICOBA). The Government adds that it has also strengthened its efforts to promote women’s transition from the informal economy to the formal economy, in collaboration with the social partners, with regard to the provision of business development services, the extension of social protection, and the enhancement of the enforcement of labour laws. The Committee takes note of the Five Year Development Plan 2016/2017–2020/21 (FYDP II), implemented in the framework of the Tanzania Development Vision 2025, which sets as objective to accelerate economic growth by making sure that it will benefit to significant poverty reduction and job creation especially for the youth and women. The Committee notes, however, that according to the 2016 Formal Sector Employment and Earnings Survey, the participation of women in the formal employment remained relatively low with only 37.8 per cent of total employees in the formal economy being women. Furthermore, according to the 2018 Global Gender Gap Report of the World Economic Forum, women remain disproportionately concentrated in informal employment (76.1 per cent). The Committee also notes the persisting occupational gender segregation, with women still over-represented in certain sectors, such as education and human health and social work activities. It also notes that in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the low representation of women in decision-making positions at the local level and in management positions on supervisory boards of companies; (iv) the limited access of women to financial assistance and credit, as well as at the limited support for women’s entrepreneurial activities which are mainly confined to the informal sector without access to the wider economic growth; (v) the persistence of adverse cultural norms and practices and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; and (vi) the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors. The CEDAW was more particularly concerned at the disadvantaged position of women in rural and remote areas who form the majority of women in the country (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 18(a), 26, 32, 38 and 40). In light of the above, the Committee wishes to emphasize the importance of regularly monitoring and assessing the results achieved within the framework of the national equality policy with a view to reviewing and adjusting existing measures and strategies and identifying any need for greater coordination between measures and strategies and between competent bodies in order to streamline interventions, in order for the Government and the social partners to be able to assess the real impact of such measures periodically. The Committee therefore urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes. The Government is asked to provide information on the specific and concrete measures taken to promote women’s economic empowerment and access to formal employment as well as to decision-making positions, including within the framework of the FYDP II. The Government is also asked to provide detailed information on the impact of any such measures in improving equality of opportunity and treatment between men and women in employment and occupation, by means of regularly monitoring and assessing the results achieved. Noting that in the framework of the Universal Periodic Review, the Government indicated that it was in the process of reviewing the National Gender Policy in order to incorporate current emerging issues (A/HRC/WG.6/25/TZA/1, 10 February 2016, paragraph 37), the Committee asks the Government to provide information on any progress made in that regard. It also asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access of women to education and vocational training. The Committee notes the statistical information provided by the Government and the efforts made to increase the enrolment rate of children in education as a result of the National Strategy on Inclusive Education (2009–17). The Committee notes, however, that according to the 2017 study on “Women and Men in Tanzania – Facts and Figures” carried out by the NBS, the percentage of men with secondary education or above was larger (25 per cent) than women (18.6 per cent); women account for the highest proportion of those who did not attend school (22.3 per cent of women compared to 11.3 per cent of men). Only 0.8 per cent of women attended university. The Committee notes that, according to its 2016 concluding observations the CEDAW expressed concern at the persistence of structural and other barriers to girls’ access to high-quality education, in particular at the secondary and tertiary levels, especially in rural areas, as well as at the continued prevalence of the practice of mandatory pregnancy testing of girls as a precondition for admission to school and their expulsion if found to be pregnant (CEDAW/C/TZA/CO/7-8, paragraph 30). The Committee wishes to stress in that regard that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to take all the necessary measures without delay to ensure effective protection of girls and women against discrimination on the basis of pregnancy and mandatory pregnancy testing, including through awareness-raising activities on this serious form of sex discrimination, and to provide information on any progress made in this regard, as well as on the number of girls and women expelled from educational institutions as a result of pregnancy. It also asks the Government to provide information on the concrete measures taken to enhance access for girls and women to higher education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation, including by combatting sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy. The Committee asks the Government to provide updated information on the number of men and women enrolled in education and vocational training including information on the share of men and women in the different areas of specialization.

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 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that sections 138(D)(3) and 148(D)(1) of the Sexual Offenses Special Provisions Act, 1998 penalize generally sexual harassment. It also notes that section 7(5) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) provides that harassment of employees shall be a form of discrimination and shall be prohibited based on any one of the grounds mentioned in section 7(4) – which includes sex and gender. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern about the high prevalence of violence against women, the reluctance of victims of sexual violence to report cases of abuse to the police because of the stigma surrounding it and the impunity for perpetrators of such violence, in particular teachers (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 22 and 30). The Committee further notes that, in its Human Rights Situation Report (from January to June 2018), the Tanzanian Legal and Human Rights Centre indicated that sexual violence against women and children had increased, and that sexual favours continued to be asked of women in return for access to employment and promotion. Female students were also subject to requests for sexual favours from teachers. Recalling the gravity of sexual harassment which is a serious manifestation of sex discrimination (see the General Survey on the fundamental Conventions of 2012, paragraphs 789–794), the Committee asks the Government to take proactive measures to ensure that its existing legislation is effectively applied in practice in order to prevent and address all forms of sexual harassment in education institutions and at workplaces. It asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment and of the relevant applicable legislative provisions and procedures and mechanisms available and to encourage victims of sexual harassment to seek redress, and the remedies available. It also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment arising in the context of work or education, including the penalties imposed and compensation awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee previously noted that educational activities were carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace. With reference to its observation, the Committee, notes the Government’s indication that a generic plan for employers to promote equal opportunity and eliminate discrimination at the workplace is being developed with a view to giving effect to the provisions of sections 7(1) and (2) of the ELRA, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, in collaboration with the ILO and employers’ and workers’ organizations. The Committee notes, however, that the Government has not provided information on a national equality policy covering all the grounds of discrimination provided for in the ELRA. The Committee asks the Government to provide information on the development and implementation of any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the grounds other than sex listed in Article 1(1)(a) of the Convention, and on any other grounds of discrimination prohibited by its national legislation. The Government is also asked to provide information on any steps taken or envisaged in this regard. It asks the Government to provide information on any plan formulated to promote equal opportunity and to eliminate discrimination at the workplace, in virtue of section 7(1) and (2) of the Employment and Labour Relations Act.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey, Tanzanian citizens accounted for 98.9 per cent of total regular employees in the formal sector in 2016, while non-citizens accounted for 1.1 per cent. Non-citizens are mostly employed in manufacturing (30.9 per cent), education (17.8 per cent) and trade (12 per cent). The Committee further notes that according to the data available from the World Bank, migrant workers are likely to be employed in the informal sector. The Committee takes note of section 11(2) of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It further notes that according to section 6(1)(d) of the Non-Citizens (Employment Regulations) Regulations of 2016, the Labour Commissioner may not issue a work permit unless he is satisfied that the employer has provided sufficient evidence from recognized job search mechanism that he has been unable to fill the particular post(s) due to a lack of suitably qualified personnel in the Tanzanian labour market. Furthermore, section 9(2)(b) of the Regulations provides that before granting permission for bulk recruitment, the Labour Commissioner must satisfy himself that the employer has made every possible effort to recruit local employees but has been unable to find suitable candidates. The Committee wishes to point out that the Convention requires that the application of legal provisions providing priority to residents in respect of access to employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention (see the 2012 General Survey, paragraph 781). The Committee therefore asks the Government to provide information on the application of section 11(2) of the Non-Citizens (Employment Regulation) Act, as well as sections 6(1)(d) and 9(2)(b) of the Regulations in practice, in order to ensure that such provisions do not involve or lead to indirect discrimination on the ground of race, colour or national origin and effectively ensure equality of opportunity and equality in the treatment of migrant workers in employment and occupation. It asks the Government to provide information on the number of work permits that have been refused by the Labour Commissioner on the ground of the above-mentioned provisions, as well as on any cases of discrimination related to race, colour and national extraction relating to non-citizens that have been dealt with by the competent authorities, as well as on the remedies provided.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Further, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Noting that the Government does not provide information on the application of the Convention in practice, the Committee however notes that, in its concluding observations, the CEDAW was concerned that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, the imposition of legal fees and a lack of legal literacy, especially in rural areas, and more particularly that customary judicial mechanisms to which women most often resort are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any activities undertaken to this end. It also asks the Government to provide detailed information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee previously noted that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes the Government’s indication in its report that it is developing, with the support of the ILO and in consultation with employers’ and workers’ organizations, a plan with a view to giving effect to the provisions of section 7(1) and (2) of the Employment and Labour Relations Act No. 6 of 2004 (ELRA), which require an employer to prepare and register with the Labour Commissioner a plan to promote equal opportunities and eliminate discrimination at the workplace. It notes the Government’s statement that this plan will provide guidance to employers on the implementation of all matters relating to equality and discrimination, including sex based discrimination in recruitment and job advertisements. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey carried out by the National Bureau of Statistics (NBS), 6.7 per cent of job vacancies still contained a sex preference. It notes that 4.4 per cent of those vacancies (representing 8,914 job vacancies) preferred male employees, while specific sectors which are traditionally considered as female dominated preferred female candidates, such as clerical occupations (92 per cent of job vacancies preferred women). The Committee recalls that recruitment decisions that are based upon stereotyped assumptions regarding women’s capabilities and their suitability for certain jobs is a form of sex discrimination. Such discrimination results in segregation of men and women in the labour market. The Committee reminds the Government that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention, and that only objective recruitment criteria should be used in the choice of the candidate (see the 2012 General Survey on the fundamental Conventions, paragraphs 754 and 783). The Committee therefore urges the Government to address without delay discriminatory advertising and hiring practices, through the development and implementation of the envisaged generic plan to promote equal opportunity and eliminate discrimination or otherwise through awareness-raising activities, in order to eliminate gender stereotypes, including stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. The Government is further asked to provide information on any steps taken to encourage women to apply for posts traditionally held by men. The Committee also asks the Government to provide information on the proactive measures taken to this end, including in collaboration with employers’ and workers’ organizations, and to continue to provide statistical information on the number of job vacancies containing a sex preference.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee previously noted the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Committee notes that the Government repeats the information provided in it last report, namely that (i) the regulations under section 52(m) of Act No. 28 of 2008 have not yet been adopted; (ii) the Tripartite Code of Conduct on HIV and AIDS at the workplace, providing for the promotion of equal opportunities and the elimination of stigma and discrimination at workplaces, has been reviewed in collaboration with the social partners; and (iii) the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14-2017/18 has been adopted. It notes, however, that the Government has not provided the information previously requested by the Committee in this regard. The Committee further notes that in the framework of the Universal Periodic Review, the United Nations Country Team (UNCT) in Tanzania stated that discrimination related to HIV/AIDS remained institutionalized at the workplace and the practice was prevalent, inter alia, in certain large mining companies in the private sector and in the police force (A/HRC/WG.6/25/TZA/2, 7 March 2016, paragraph 17). Noting that the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14–2017/18 aims at zero stigma and discrimination against persons living with HIV, including in the workplace interventions both in the public and private sectors, the Committee repeats its request that the Government provide information on the implementation of the Framework with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation in the public and private sectors, in particular in the police force. The Committee requests that the Government provide a timetable for the adoption of the implementing regulations of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008, and asks the Government to provide a copy of such regulations once adopted. The Committee also asks the Government to provide information on any cases of discrimination on the ground of HIV status in employment and occupation dealt with by the labour officers, the courts or any other authorities, specifying the penalties imposed and the compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the low participation rate of women in the economy and the continued occupational gender segregation in the labour market. The Committee notes the Government’s general statement that it has continued to take affirmative action, reaffirming its commitment to improving women’s access to education, training, employment and income generation. The Government refers in particular to the measures taken to increase women’s access to credit facilities and loans, in collaboration with the private sector, development partners and civil society organizations, including through the Women Development Fund, and to promote rural micro finance services, such as the Savings and Credit Cooperative Societies and the Village Community Banks (VICOBA). The Government adds that it has also strengthened its efforts to promote women’s transition from the informal economy to the formal economy, in collaboration with the social partners, with regard to the provision of business development services, the extension of social protection, and the enhancement of the enforcement of labour laws. The Committee takes note of the Five Year Development Plan 2016/2017–2020/21 (FYDP II), implemented in the framework of the Tanzania Development Vision 2025, which sets as objective to accelerate economic growth by making sure that it will benefit to significant poverty reduction and job creation especially for the youth and women. The Committee notes, however, that according to the 2016 Formal Sector Employment and Earnings Survey, the participation of women in the formal employment remained relatively low with only 37.8 per cent of total employees in the formal economy being women. Furthermore, according to the 2018 Global Gender Gap Report of the World Economic Forum, women remain disproportionately concentrated in informal employment (76.1 per cent). The Committee also notes the persisting occupational gender segregation, with women still over-represented in certain sectors, such as education and human health and social work activities. It also notes that in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the low representation of women in decision-making positions at the local level and in management positions on supervisory boards of companies; (iv) the limited access of women to financial assistance and credit, as well as at the limited support for women’s entrepreneurial activities which are mainly confined to the informal sector without access to the wider economic growth; (v) the persistence of adverse cultural norms and practices and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; and (vi) the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors. The CEDAW was more particularly concerned at the disadvantaged position of women in rural and remote areas who form the majority of women in the country (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 18(a), 26, 32, 38 and 40). In light of the above, the Committee wishes to emphasize the importance of regularly monitoring and assessing the results achieved within the framework of the national equality policy with a view to reviewing and adjusting existing measures and strategies and identifying any need for greater coordination between measures and strategies and between competent bodies in order to streamline interventions, in order for the Government and the social partners to be able to assess the real impact of such measures periodically. The Committee therefore urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes. The Government is asked to provide information on the specific and concrete measures taken to promote women’s economic empowerment and access to formal employment as well as to decision-making positions, including within the framework of the FYDP II. The Government is also asked to provide detailed information on the impact of any such measures in improving equality of opportunity and treatment between men and women in employment and occupation, by means of regularly monitoring and assessing the results achieved. Noting that in the framework of the Universal Periodic Review, the Government indicated that it was in the process of reviewing the National Gender Policy in order to incorporate current emerging issues (A/HRC/WG.6/25/TZA/1, 10 February 2016, paragraph 37), the Committee asks the Government to provide information on any progress made in that regard. It also asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access of women to education and vocational training. The Committee notes the statistical information provided by the Government and the efforts made to increase the enrolment rate of children in education as a result of the National Strategy on Inclusive Education (2009–17). The Committee notes, however, that according to the 2017 study on “Women and Men in Tanzania – Facts and Figures” carried out by the NBS, the percentage of men with secondary education or above was larger (25 per cent) than women (18.6 per cent); women account for the highest proportion of those who did not attend school (22.3 per cent of women compared to 11.3 per cent of men). Only 0.8 per cent of women attended university. The Committee notes that, according to its 2016 concluding observations the CEDAW expressed concern at the persistence of structural and other barriers to girls’ access to high-quality education, in particular at the secondary and tertiary levels, especially in rural areas, as well as at the continued prevalence of the practice of mandatory pregnancy testing of girls as a precondition for admission to school and their expulsion if found to be pregnant (CEDAW/C/TZA/CO/7-8, paragraph 30). The Committee wishes to stress in that regard that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to take all the necessary measures without delay to ensure effective protection of girls and women against discrimination on the basis of pregnancy and mandatory pregnancy testing, including through awareness-raising activities on this serious form of sex discrimination, and to provide information on any progress made in this regard, as well as on the number of girls and women expelled from educational institutions as a result of pregnancy. It also asks the Government to provide information on the concrete measures taken to enhance access for girls and women to higher education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation, including by combatting sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy. The Committee asks the Government to provide updated information on the number of men and women enrolled in education and vocational training including information on the share of men and women in the different areas of specialization.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Discrimination based on sex. The Committee notes from the Formal Sector Employment and Earnings Analytical Report 2013 that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes that 9.3 per cent of the job vacancies were for male-preference positions, and 5.6 per cent were for female-preference positions. With respect to specific occupations, the survey indicates that 8.3 per cent of the vacancies for professionals had a preference for men and 4.5 per cent for women; for technicians and associate professionals, 6.6 per cent of the vacancies had a male preference and 3.8 per cent a female preference; for clerks, 27.4 per cent of the vacancies had a female preference and 5.3 per cent a male preference; and for plant and machine operators and assemblers, in 45.5 per cent of the vacancies there was a preference for men and in 4.5 per cent a preference for women. Recalling from its General Survey on the fundamental Conventions, 2012, paragraph 754, that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention and that only objective recruitment criteria should be used when choosing a candidate, the Committee asks the Government to provide information on measures taken or envisaged to address the practice of sex discrimination in hiring and in particular in job advertisements.

Article 1(1)(b). HIV status. The Committee notes the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Government further indicates that regulations under section 52(m) of Act No. 28 of 2008 are in the process of being drafted and that no violations of the anti-discrimination provisions of the Act have been recorded by labour officers. The Committee notes that the Ministry of Labour and Employment, in collaboration with social partners, has reviewed the Tripartite Code of Conduct on HIV and AIDS at the Workplace with a view to taking into account the Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200) and that the draft document has been discussed within the Labour, Economic and Social Council. The Tanzania Commission for AIDS has also developed the third Multi-Sectoral Strategic Framework for Tanzania Mainland (2013/14–2017/18). The Committee asks the Government to provide a copy of the HIV and AIDS Guidelines in the Public Service and the regulations being drafted under section 52(m) of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 once adopted. Please continue to provide information on any violations of the anti-discrimination provisions under the HIV and AIDS (Prevention and Control) Act, reported to or detected by labour officers. The Committee asks the Government to provide information on the implementation of the Multi-Strategic Framework for Tanzania Mainland (2013/14–2017/18) with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes the general information provided by the Government regarding educational activities carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace, including in 2014–15 through various media outlets and development and dissemination of awareness-raising materials. Recalling the importance of giving attention to all the grounds set out in the Convention in implementing the national equality policy, the Committee once again asks the Government to provide detailed information on action taken or envisaged, in collaboration with workers’ and employers’ organizations, to promote equality of opportunity and treatment and non-discrimination with respect to race, colour, national extraction, religion, political opinion and social origin (Article 1(1)(a) of the Convention), and on any other grounds of discrimination prohibited by national legislation, and the results achieved by such action. The Committee once again asks the Government to provide information on equality plans prepared and registered by employers with the Labour Commissioner under section 7(2) of the Employment and Labour Relations Act.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the Employment and Earnings Report 2013 confirms the low participation rates of women in the economy (37.3 per cent of workers) and their continued occupational segregation including in human health and social work where, in 2013, 59.7 per cent of the workers were women. Women represented 54 per cent of those working in accommodation and food services and 45.3 per cent of those working in education; conversely only 22 per cent of those working in wholesale and retail trade, repair of motor vehicles, motorcycles and household goods; and 16 per cent of those working in construction were women. The Committee notes the Government’s indication that it has been taking various measures to improve women’s access to education, training and employment, and that enrolment rates of girls and women in primary, secondary and tertiary education have improved significantly: in 2012, 47 per cent of students in ordinary level secondary education were female, and women and girls represented 31.6 per cent of the students in advanced secondary education and 36.4 per cent of the students in tertiary education. Regarding technical education, in 2012, 46.8 per cent of students and 47.3 per cent of vocational trainees were female. The Committee asks the Government to provide more specific information on the measures taken or envisaged to tackle the significant occupational gender segregation in the labour market and provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels through, for example, diversified education and vocational training. Please continue to provide information, disaggregated by sex, on participation rates in the various vocational training courses and fields of study and education, as well as in the labour market, disaggregated by economic activity and occupation. Recalling the significant size of the informal economy, the Government is also requested to provide information on any measures taken to promote access to education and diversified training for women in the informal economy and promote their employment in the formal economy, particularly those living in rural areas.

Article 3(d). Employment under the direct control of a national authority. Public sector. The Committee notes from the Employment and Earnings Survey of 2013 that women constitute 40.8 per cent of public sector employees. The Government provides data that women are under-represented in almost every category of decision-making posts in the public service: in 2013 women represented 31 per cent of ministers, 22 per cent of the deputy ministers, 36 per cent of the members of parliament, 26 per cent of the commissioners, 31 per cent of the directors, and 36 per cent of the judges. The Government indicates that it has taken steps to improve women’s access to education and training including sponsoring 33 female public employees to pursue masters programmes aimed at preparing them for higher responsibilities. The Government indicates that an area of priority is the appointment and promotion of qualified women to higher decision-making posts. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote the access of women to high-level posts as well as to posts with career prospects in the public service, and on the progress made in this regard. Please also continue to provide statistical data, disaggregated by sex, on the number of men and women employed in the different occupations of the public service. The Committee asks the Government to indicate specifically how the Public Service Commission addresses the issues of discrimination and equality in public employment when discharging its functions.

Zanzibar

Legislative developments. The Committee notes the Government’s indication that the minister in consultation with the Labour Advisory Board has passed the Anti-Sexual Harassment and Anti-Gender Discrimination Regulations of 2013. The Government indicates that Part 3 of the regulations refer to anti discrimination and the promotion of equality at work between men and women and that employers are implementing the regulations as a measure to promote equality and eliminate discrimination with regard to recruitment, training, promotion and employment conditions of workers. The Committee further notes Government’s general indication that it has taken various measures to raise awareness of the anti-discrimination provisions of the Employment Act 2005 through radio, TV programmes and brochures and in the course of labour inspections. The Committee once again requests the Government to provide information on the specific manner in which employers promote equality and address discrimination with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers pursuant to section 10(2)(a) of the Employment Act 2005, and implement the new Anti-Sexual Harassment and Anti-Gender Discrimination Regulations of 2013; please provide a copy of the Regulations. It further asks the Government to provide additional information on the specific activities undertaken to raise awareness among workers and employers and their organizations as well as the wider public of the anti-discrimination provisions of the Employment Act and the Regulations, as well as the legal remedies available in cases of discrimination.

National equality policy. Recalling that the Employment Policy of 2009 for Zanzibar provides for the promotion of employment of women and persons with disabilities, the Committee notes that the various measures adopted by the Government in this regard promote youth employment. The Committee notes from the data provided by the Government that 39.9 per cent of the workers in Zanzibar are women (30.9 per cent of private sector workers and 46.5 per cent of government employees). It notes significant horizontal occupational segregation with women comprising 60 per cent of those employed in education, 57 per cent of those working in human health and social work activity, and only 12.1 per cent of those working in construction, 21.4 per cent of those in transportation and storage and 26.6 per cent of those in professional, scientific and technical activity. The Committee asks the Government to provide information on the participation rates and results achieved by the Youth Employment Programme 2012, the employment committees mandated to create employment activities for youth, the Youth Employment Action Plan, and technical and vocational education training centres, to promote access of women and persons with disabilities to employment and a wide range of vocational training courses, including in non-traditional fields. The Committee asks the Government to provide information on measures taken or envisaged to address the significant occupational segregation in both the public and private sectors. The Committee also asks the Government to continue to provide any statistical information available on the distribution of men and women in both the public and private sectors, by branch of economic activity and occupation.

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

Article 1(1)(b) of the Convention. HIV and AIDS. In its previous comments, the Committee requested the Government to provide information on the application in practice of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 with regard to employment and occupation. The Committee notes the information provided by the Government regarding the legal framework prohibiting discrimination based on HIV/AIDS status and the sanctions provided by the HIV and AIDS Act and the Employment and Labour Relations Act No. 6 of 2004. The Committee requests the Government to provide information on the practical application of Act No. 28 of 2008, including on any violations of its anti-discrimination provisions reported to or detected by the labour officers, and sanctions applied and any developments regarding the adoption of regulations regarding section 28 of this Act pursuant to section 52(m). If such regulations have been adopted please provide a copy.

Article 2. National policy to promote equality and eliminate discrimination on grounds other than sex. The Committee notes from the Government’s report that issues relating to denouncing discrimination and promoting equal opportunity in employment are being mainstreamed into labour administration and inspection instruments such as inspection forms and compliance orders. The Government also states that it is expected that the technical cooperation Project on Improving Labour Law Compliance, in collaboration with the ILO, will assist in providing the labour officers with relevant knowledge on equality and discrimination. The Committee notes however that the Government does not provide any information on equality plans prepared and registered by employers with the Labour Commissioner under the Employment and Labour Relations Act. The Committee recalls that, while affirmation in legislation of the principle of equality may be an element of national policy aimed at equality of opportunity and treatment in employment, it cannot by itself constitute a policy within the meaning of Article 2. Specific action must be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (Special Survey on Equality in Employment and Occupation, 1996, paragraphs 278–279). In this regard, the Committee notes the Government’s statement that it is taking a number of measures to ensure that vulnerable groups, including those living in rural areas, have access to improved standards of living and income-generating activities. The Committee requests the Government to provide information on any specific action taken to promote equality of opportunity and treatment and non-discrimination on the grounds of race, colour, political opinion, religion, national extraction and social origin (Article 1(1)(a) of the Convention) and on any other grounds of discrimination prohibited by national legislation, whether through positive measures or otherwise, in collaboration with employers’ and workers’ organizations. The Committee further requests the Government to provide more detailed information on the manner in which it promotes employment opportunities for vulnerable groups of society, in particular in rural areas.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that more than 300,000 women secured loans from the Women Development Fund and 67,000 from the recently established Economic Empowerment Council. It further notes that the Tanzanian Women’s Bank promotes economic activities undertaken by women. The Committee notes however from the Decent Work Country Profile for Tanzania (2010) that women’s participation in wage employment remains low at 29.5 per cent in 2006 and women are under-represented in the highest occupational categories such as legislators, administrators and managers (16.5 per cent in 2006), professionals (35 per cent in 2006) and technicians and associate professionals (39.1 per cent in 2006). In addition, women are concentrated in sectors and jobs that tend to be less remunerated and have less careers prospects. The Committee requests the Government to provide information on the measures taken or envisaged to combat the significant occupational gender segregation on the labour market and provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels, through, for example, education and vocational training. In this respect, please also provide information on the activities of the newly established Training Fund for Women.

Article 3(a). Cooperation with the social partners. The Committee requests the Government to indicate whether the Labour, Economic and Social Council (LESCO) has addressed equality of opportunity and treatment and the elimination of discrimination at the workplace, and, if so, to provide information on the outcome of such discussions.

Article 3(d). Employment under the direct control of a national authority. Public sector. The Committee reiterates its request for the following:

• (i) information on the measures taken or envisaged to promote the access of women to high-level posts as well as to posts with career prospects in the public service and on the progress made in this regard;
• (ii) statistical data, disaggregated by sex, on the number of men and women employed in the public service.

The Committee also requests the Government to indicate whether, and how, the Public Service Commission addresses the issues of discrimination and equality in public employment, when discharging its functions.

Zanzibar

With respect to the implementation of the anti-discrimination and equality provisions of Employment Act No. 11 of 2005, the Government indicates that the promotion of equality and the elimination of discrimination are done through labour inspections at the workplace and advice by labour officers. It further indicates that no cases or complaints were reported regarding discrimination in employment or occupation. While noting this information, the Committee recalls however that, under section 10(2)(a) of the Employment Act of 2005, every employer shall take positive steps to promote equal opportunity in the workplace and eliminate discrimination in employment policy or practice. The Committee once again requests the Government to indicate the measures taken by employers to promote equality and eliminate discrimination with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers. It further requests the Government to continue to provide information on the measures taken to raise awareness of the anti-discrimination provisions of the Employment Act and the legal remedies available, among workers and employers.

The Committee notes from the Government’s report that the Employment Policy of 2009 for Zanzibar, which is only available in Swahili, makes provisions for the promotion of employment of women and disabled persons. The Committee requests the Government to provide information on the specific action and measures taken or envisaged within the framework of the Employment Policy to provide women and disabled persons with employment opportunities. Please also provide any statistical information available on the distribution of men and women in both the public and private sectors, by branch of economic activity.

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

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government in reply to its request concerning the measures taken to promote women’s access to income-generating activities in the formal and informal economies, in particular information on the measures taken to promote access by women to credit. The Committee also notes that, according to the Government’s 2005 report  on the implementation of the Platform for Action (Beijing +10), it had initiated a number of programmes and projects aimed at developing self‑employment in rural and urban areas, with special emphasis on increasing the employment possibilities for poor women. The Committee requests the Government to provide information on the implementation of these programmes, projects and measures, as well as on their impact in terms of the employment of women, including self-employment, in both rural and urban areas. In this regard, it once again requests the Government to provide any statistical information available on the position of men and women in the labour market.

Access of women to education and vocational training. The Committee wishes to emphasize that access to education and vocational training is an important prerequisite for access to a wider range of better paid jobs requiring higher qualifications. In that context, the Committee notes that, according to the Government, the participation of women in vocational training is encouraging. However, it also notes that, according to the Beijing +10 report, stereotypes relating to the roles of men and women in society continue to limit the access of girls to formal education, particularly higher education, and that the challenge is to encourage girls and women to pursue training traditionally reserved for men or dominated by men. In this report, the Government adds that the access of girls to higher education has always been limited for other reasons, such as the lack of financial resources and early marriages. Noting this information, the Committee requests the Government to indicate the measures taken or envisaged to facilitate and encourage the access of girls and women to higher education and to training in which they are underrepresented and to promote the diversification of the jobs held by women, including measures designed to combat sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy.

Article 3(a). Cooperation with the social partners. The Committee notes that the Government mentions in its report that the social partners have carried out awareness-raising activities designed to promote equal opportunity and eliminate discrimination in workplaces. The Committee requests the Government to provide detailed information on the types of cooperation established with employers and workers in order to facilitate social dialogue on matters relating to non-discrimination and equality in employment and occupation.

Article 3(d). Public sector. The Committee notes the statistical information provided by the Government concerning the proportion of men and women employed in high-level posts in the public sector. It welcomes that, with a few exceptions, the proportion of women in high-level posts increased between 2004–05 and 2008–09, even if, at best, women do not account for more than 41 per cent of staff, which is the case, for example, in the position of regional administrative secretary. The Committee encourages the Government to continue its efforts to promote the access of women to high-level posts as well as to posts with career prospects in the public service, and requests it to provide information on the measures taken or envisaged to that end and on the progress made. The Government is also requested to provide information on any measures designed to eliminate discrimination on any of the grounds mentioned in Article 1 of the Convention and to promote equal opportunity at all levels of the public service. Furthermore, noting the Government’s statement that the minister responsible for the public service is currently in the process of carrying out a full audit of human resources in order to gather statistical data on the number of men and women employed in the public service, the Committee hopes that the Government will be able to provide this information in its next report.

Positive measures. The Committee notes that the Employment and Labour Relations Act, 2004 specifies that the adoption of positive measures compatible with the promotion of equality or the elimination of discrimination in the workplace does not constitute discrimination (section 28(4)(a)). The Committee therefore requests the Government to provide information on the specific measures taken or envisaged to encourage the access of persons belonging to the most vulnerable groups of the population, in particular the disabled and persons living in rural areas, to employment, an occupation or income‑generating activities.

Zanzibar

The Committee notes the information concerning Zanzibar provided by the Government. Noting that the Government mentions the adoption of an employment policy in 2009 which includes issues relating to the situation of women in employment and aims to improve the job prospects of disabled persons, the Committee requests the Government to provide a copy of that policy with its next report.

The Government also indicates that the Employment Act (Act No. 11 of 2005) provides that every employer shall take measures to promote equal opportunity in the workplace, eliminate discrimination and ensure equal pay for equal work for men and women. The Committee requests the Government to indicate the measures taken by employers under the non-discrimination provisions of the 2005 Employment Act with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers, and to provide a copy of that Act. The Government is also requested to indicate the measures taken or envisaged to promote equality of opportunity and treatment and to combat any form of discrimination in the workplace on any grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to provide information on any cases of discrimination in employment or occupation dealt with by the competent authorities.

Furthermore, the Committee notes that programmes designed to improve knowledge of the labour legislation are broadcast over the radio and on the television in Zanzibar. Please clarify whether these programmes tackle the issues of equality and non-discrimination in employment and also provide information on any other awareness-raising activities targeting the public in general, but also specifically targeting workers, employers and their organizations.

Finally, noting the Government’s indications that inspections carried out in workplaces also raise awareness of the labour legislation, the Committee requests the Government to provide as detailed information as possible on the activities of labour inspectors with regard to combating discrimination and their results (extracts from inspection reports available, etc.).

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

Article 1 paragraph 1(b) of the Convention. Legislative developments. HIV/AIDS. The Committee notes with interest the adoption in 2008 of the Act on HIV and AIDS (Prevention and control), Part VII of which covers stigmatization and discrimination. The Act contains provisions providing, inter alia, that: (a) nobody shall formulate “a policy, promulgate a law or act in a manner that discriminates directly or by its implications against persons living with HIV and AIDS, orphans or their families” (section 28); (b) a person shall not stigmatize or discriminate in any manner against any other person on the grounds of such other person’s actual, perceived or suspected HIV/AIDS status (section 31); and (c) a person may not deny any person employment opportunity on the grounds of the person’s actual, perceived or suspected HIV/AIDS status (section 30(c)). The Committee asks the Government to provide information on the application in practice of the 2008 Act on HIV and AIDS (Prevention and control) with regard to employment and occupation, and to indicate whether any regulations regarding section 28 of this Act have been made pursuant to section 52(m) and, if so, to provide a copy.

Articles 1 and 2. Implementation of the provisions concerning the prohibition of discrimination and the promotion of equality of opportunity and treatment. Enforcement. In its previous comments, the Committee requested the Government to provide information on the measures taken to promote and ensure the implementation of the provisions of the Employment and Labour Relations Act, 2004 relating to equality and non-discrimination, and to indicate the number of equality plans that have been registered by employers with the Labour Commissioner under that Act. According to the Government’s report, since the adoption of the Employment and Labour Relations Act and its regulations in 2004 and 2007 respectively, awareness-raising activities have been carried out by the tripartite constituents to promote equal opportunities and eliminate discrimination in all workplaces. The Government also indicates that few equality plans have been registered with the Labour Commissioner and that, to rectify this situation, the supervision of the application of the legislative and regulatory provisions relating to equality has been included in the tools used by labour inspectors to ensure that employers are taking all the necessary measures to comply with the legal provisions concerned. In this regard, the Committee notes that the Government would like to be able to benefit from technical assistance from the ILO to strengthen the capacities and knowledge of labour inspectors with regard to equal opportunity and treatment in employment and occupation and urges the Government to take the necessary steps to obtain that assistance.

Noting this information and, in particular, the Government’s efforts to strengthen the supervision of the application of the legal provisions relating to non-discrimination and equality, the Committee requests the Government to take the necessary measures to encourage employers to draw up and register the plans provided for under the Employment and Labour Relations Act 2004 with the Labour Commissioner as soon as possible, and to continue providing information on the number of equality plans registered as well as their content. The Government is also requested to provide information on:

(i)    the measures taken or envisaged at the national level to combat discrimination on any grounds prohibited by the 2004 Act and to promote equal opportunity in employment for the entire population;

(ii)   the means and tools available to inspectors to ensure supervision of the application of the legal provisions relating to equality and combating discrimination;

(iii) the labour inspectorate’s activities involving employers and workers and their organizations (activities relating to the supervision of establishments and advisory activities), violations reported and the outcome of the proceedings initiated;

(iv)  the steps taken to obtain technical assistance from the Office for the purposes of providing labour inspectors with relevant training.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Gender equality. The Committee recalls its previous comments concerning the need to address the situation of women in the formal and the informal economy. While the Government has provided detailed information on measures taken to promote women’s equality in the private and public sectors, it has not yet provided information regarding the informal economy. The Government is requested to provide information on any measures taken or envisaged to promote women’s access to income-generating activities. Please also provide updated statistical information on the position of men and women in the labour market.

Article 3(e). Vocational training. The Committee notes the information provided by the Government regarding the participation of men and women in vocational training. The information suggests that there has been a slight increase in the share of women attending such training between 2005 and 2006. The Committee requests the Government to continue to provide information on the participation of men and women in vocational training, including indications on the share of men and women in the different areas of specialization.

Zanzibar

The Committee notes that it has not yet received the requested information concerning the application of the Convention in Zanzibar. The Government is requested to provide detailed information on the measures taken to promote and ensure equality of opportunity in employment and occupation in the private and public sectors in Zanzibar, information on cooperation with workers’ and employers’ organizations with a view to promoting equality, public awareness-raising efforts, vocational training, and the enforcement of relevant laws and regulations. The Committee also requests the Government to provide statistical information regarding the labour force in Zanzibar, disaggregated by sex and ethnicity.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Practical application. The Committee notes the adoption of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, made under section 99(1) of the Employment and Labour Relations Act, 2004. It notes with interest that Part III of the Rules contains detailed provisions on the elimination of discrimination at the workplace. The rules set out definitions of direct and indirect discrimination, and elaborate on the employers’ obligation to develop, publish at the workplace and implement a plan to prevent discrimination and to promote equal opportunity in employment. These plans have to be developed in consultation with trade unions and should, if possible, be included in a collective agreement. The Rules further state that collective agreements shall not contain provisions which discriminate against employees on any of the prohibited grounds. Further, specific guidance concerning equal opportunity and treatment in advertising, selection, training, and performance reviews is provided. The Committee notes the Government’s indication that it is carrying out sensitization activities to raise knowledge among workers and employers of the new labour legislation and that the process of developing equality plans was ongoing. The Committee requests the Government to provide information on the measures taken to promote and ensure the implementation of the equality provisions of the Employment and Labour Relations Act, 2004. In this regard, please provide information on the number of equality plans that have been registered with the Labour Commissioner and indicate whether any administrative or judicial decisions have been issued concerning the Act’s equality provisions.

Public service. The Committee notes with interest the detailed information provided by the Government on the application of the Convention in the public service. The Public Service Management and Employment Policy provides that selection and recruitment must not involve overt or unintended discrimination against women, persons with disabilities and other vulnerable groups. Job advertisements specify that women are encouraged to apply. The Public Service Regulation 2003 provides that, where a man and a woman are equally competent, preference as regards selection should be given to the woman (section 4(12)). The Government also stated that in 2007 the President’s Office was undertaking a review of public service rules and regulations governing affirmative action, discrimination and diversity. The creation of gender focal points in all ministries and government agencies is envisaged and short-term and postgraduate training has been provided to women public servants. The Committee also notes the information concerning measures taken with regard to developing guidelines to manage public servants with disabilities and guidelines on HIV/AIDS at the workplace. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity and treatment in the public service, including information on the results achieved by such action. In this regard, please provide updated statistical information on the number of women and men employed at the different levels of the public service.

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

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

1. Article 1(1)(b) of the Convention. Prohibited grounds of discrimination. Recalling that sections 7(4) and 8 of the Employment and Labour Relations Act, 2004, refer to a number of prohibited grounds of discrimination other than those explicitly listed in Article 1(1)(a) of the Convention, the Committee notes with interest from the Government’s report that the Government considers these additional grounds to be covered by the Convention.

2. Practical application. The Committee notes the Government’s indication that the Employment and Labour Relations Act entered into force on 1 August 2006. Accordingly, information on the practical application of the Act’s provisions concerning non-discrimination and equal opportunities was not yet available. The Committee requests the Government to supply such information in its future reports, including information on the adoption and implementation of equality plans at the enterprise level and relevant judicial or administrative decisions enforcing the relevant provisions of the Act.

3. The Committee notes that the Government, in cooperation with workers’ and employers’ organizations through the Labour, Economic and Social Council, was in the process of issuing rules, regulations, codes of good practice and guides on the elimination of discrimination in employment. The Committee welcomes this initiative and requests the Government to keep it informed of the progress made in the issuing of such instruments and tools, and to supply copies of them once they are finalized.

4. Public service. The Committee notes that the Public Service Act, 2002, repealed the Civil Service Act, 1989. It requests the Government to provide detailed information on the measures taken to ensure equality of opportunity and treatment in civil service employment, including measures to promote gender equality in the civil service. Please indicate any relevant regulations issued under the Public Service Act.

5. Finally, noting that the Government’s report does not contain information in reply to points 4, 6, 9-12, as well as 14 of its previous direct request (attached for ease of reference), the Committee hopes that the Government will provide the information requested in its next report.

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

The Committee notes the Government’s first report and requests the Government to provide additional information on the following points.

Mainland Tanzania

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that the Employment and Labour Relations Act, 2004 (ELRA), has apparently not yet entered into force. The Committee notes that the ELRA will apply to public and private employees in mainland Tanzania, except for members of the peoples defence forces, the police force, the prisons service and the national service (Section 2(1)(i-iv)). The Committee notes with interest that section 7 of the ELRA provides protection against direct and indirect discrimination in employment policies or practices on all grounds set forth in Article 1(1)(a), and that it requires employers to promote equal employment opportunities. The Committee asks the Government to provide information on the practical application and enforcement of the ELRA’s provisions on non-discrimination and equal opportunities, including information on any cases involving the application of these provisions dealt with by the competent labour institutions, including the labour inspectorate and the labour court.

2. Additional grounds. The Committee notes that sections 7(4) and 8 of the ELRA refer to a number of prohibited grounds of discrimination other than those covered by Article 1(1)(a) of the Convention. These additional grounds include nationality, family responsibility, disability, HIV/AIDS, age, station of life and membership in either a trade union or employers’ association. The Committee asks the Government to indicate whether the Government considers these additional grounds to be covered under Article 1(1)(b) of the Convention.

3. Discrimination on the basis sex. Sexual harassment. Recalling its 2002 general observation on this issue, the Committee notes the 1998 amendments to the Sexual Offences Special Provisions Act, 1998, sections 148(D)(1) and 138(D)(3), penalizing sexual harassment, generally, and quid pro quo sexual harassment within the workplace. The Committee also notes that section 7(5) of the ELRA prohibits, but does not define sexual harassment. The Committee requests the Government to provide information on the implementation and enforcement of the above provisions in practice, including any relevant judicial or administrative decisions.

4. Article 1(2). Distinctions based on inherent job requirements. The Committee notes that section 13(3) of the National Employment Promotion Services Act, 1999, provides that "it shall be lawful for the Service to accord preference to citizens and in making such nominations the Service shall have regard to the educational qualifications, the background, the character and antecedents of the nominee and to the national economy, and accord preference accordingly". Noting that criteria such as background, character and antecedent may include the risk of discrimination on the basis of race, national extraction or social origin, the Committee asks the Government to provide further information regarding the practical application of these provisions.

5. Article 2. Measures to promote equality of opportunity and treatment. The Committee notes with interest that under section 7 of the ELRA employers are required to register plans to promote equal opportunity and to eliminate discrimination in the workplace with the Labour Commissioner and that affirmative action measures are permitted. The Committee asks the Government to indicate whether regulations concerning the registration of equal opportunity plans have been issued, as envisaged in section 98 of the ELRA, and to provide additional information on how this reporting requirement is implemented in practice. Please also provide indications on content, implementation, and impact of equal opportunity plans and on the use of affirmative action measures to promote equality in practice, irrespective of sex, race, colour, national extraction, social origin, religion or political opinion.

6. Gender equality. The Committee notes that, according to the National Employment Policy, women constitute 54 per cent of the labour force in mainland Tanzania. However, the Integrated Labour Force Survey of 2000-01 prepared by the National Bureau of Statistics revealed inequalities with regard to the position of women in the labour market. For instance, only 18.6 per cent of persons employed by parastatal organizations are women. In respect to employment status, women are underrepresented in the category of paid employment (29.3 per cent). In this context, the Committee notes that the United Nations Development Assistance Framework for Tanzania (2002-06) identified discrimination of women as reflected in stereotypical occupations with minimum qualifications as a key concern. The Committee requests the Government to keep it informed on the measures taken to strengthen the position of women in the formal and informal labour market. Please provide information on the measures taken to promote equal access of men and women to employment in the government, parastatal and private sectors, and to promote women’s equal access to income-generating activities in the informal economy; and updated statistical information concerning the position of men and women in the labour force.

7. Article 3(a). Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee also notes the Government’s indications that consultations with workers’ and employers’ organizations are taking place on matters of mutual concern, including the elimination of discrimination in employment and occupation. The Committee would appreciate receiving more detailed information on how the Government cooperates with employers’ and workers’ organizations, as well as other appropriate bodies, with a view to promoting equality in employment and occupation. Please indicate whether the Labour, Economic, and Social Council has taken any action to promote the application of the Convention.

8. Article 3(b). Educational programmes. The Committee also notes the Government’s indication that anti-discrimination education and information was being provided to workers. The Committee asks the Government to provide additional explanations on the type and extent of these programmes.

9. Article 3(e). Vocational guidance and training. The Committee notes from the Government’s report that admission to vocational training is open to both young men and women. Please provide further information on the rate of participation of men and women in the various areas of specialization, as well as measures taken to promote vocational and education training for all groups of the population irrespective of race, colour, national extraction, religion, political opinion or social origin.

10. Article 5. Measures of protection and assistance. The Committee notes that employers with more than 50 employees, and vocational training programmes are required to fill a 2 per cent quota for persons with disabilities under section 8 of the Disabled Persons Employment Regulations, 1985. The Committee invites the Government to continue to provide information on the efforts made to assist persons with disabilities to be trained and employed, including additional information regarding the implementation of the 2 per cent quotas for vocational training and employment vacancies.

Zanzibar

11. Article 1. Legislative developments. The Committee understands that Zanzibar has recently adopted the Employment Act, 2005. Please provide a copy of the new legislation with an indication of its entry into force.

12. Articles 2 and 3. The Government is requested to provide information on the measures taken to promote and ensure equality of opportunity in employment and occupation, irrespective of any of the grounds listed in Article 1(1)(a) in Zanzibar, information on cooperation with workers’ and employers’ organizations with a view to promoting equality, public awareness-raising efforts, vocational training, and the enforcement of relevant laws and regulations. The Committee also requests the Government to provide statistical information regarding the labour force in Zanzibar, disaggregated by sex and ethnicity.

Mainland Tanzania and Zanzibar

13. Article 3(d). Legislation and regulations relating to the application of the Convention in the public service. The Committee notes the Civil Service Act, 1989, which replaces the 1962 Civil Service Act, and that section 26(a) of the Act upholds regulations issued under the Civil Service Act of 1962 as valid until replaced by new regulations. The Committee further notes the Police Force and Prisons Service Commission Act of 1990 and the Teachers’ Service Commission Act of 1989. In order to undertake a more complete examination of the application of the Convention with respect to the public service, the Committee asks the Government: (i) to confirm in its next report whether the abovementioned legislation is still in force; (ii) whether it applies to civil servants in both mainland Tanzania and Zanzibar; and (iii) to provide copies of any regulations adopted by the Commissions established under the respective Acts relevant to the application of the Convention in the public service in mainland Tanzania and Zanzibar.

14. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the state. The Committee notes that the Government states that persons engaged in activities prejudicial to the security of the State may be investigated, tried and punished if found guilty, but does not define activities that may be deemed prejudicial to the State. The Committee requests the Government to indicate which activities are being considered as prejudicial to the security of the State.