Texts of pending comments

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

Repetition

Articles 1 and 2 of the Convention. Assessing and addressing the gender wage gap. The Committee previously noted that, as a result of sections 7(1) and (2) of the Employment and Labour Relations Act, 2004, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, employers have an obligation to elaborate and implement a plan to prevent discrimination and promote equal opportunity in employment, which shall be registered with the Labour Commissioner. The Committee notes the Government’s statement, in its report, that a generic plan to be used by employers is being elaborated to that end, in collaboration with the ILO as well as employers’ and workers’ organizations. The Government adds that it will consider availing itself of ILO technical assistance for building capacities of employers’ and workers’ organizations in that respect. The Committee notes that, according to the 2018 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 81.1 per cent (compared to 88.3 per cent for men), with women being still mostly concentrated in informal employment (76.1 per cent of women) characterized by low wages. It notes, from the 2016 Formal Sector Employment and Earnings Survey, carried out by the National Bureau of Statistics (NBS) that while the proportion of women employed in formal employment is nearly half of the proportion of men (37.8 per cent and 62.2 per cent of total employees, respectively), 23.7 per cent of women are employed in the private sector, while only 14.1 per cent of them are employed in the public sector, where monthly average cash earnings are about three times higher than in the private sector. Furthermore, in 2016, the remuneration of women (monthly average cash earnings) was 15.3 per cent lower than those of men in the public sector and 6.1 per cent lower than men in the private sector. The Committee also notes that women are still concentrated in lower paid sectors such as manufacturing (19.6 per cent) and agriculture (10.3 per cent) and their average remuneration is lower than their male counterparts in almost all industries. The Committee notes with concern that, according to the World Economic Forum, men earned on average 39 per cent more than women in 2018. It further 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 lack of implementation of the principle of equal pay for work of equal value; and (iv) the persistent gender wage gap (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraph 32). The Committee therefore urges the Government to provide information on: (i) the proactive measures taken to address the gender wage gap, both in the public and private sectors, by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; (ii) any measures taken to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, including through the elaboration and implementation by employers of plans to promote gender equality at the workplace, as provided for under sections 7(1) and (2) of the Employment and Labour Relations Act; and (iii) statistical data on the earnings of men and women in all the sectors and occupations of the economy to monitor any progress achieved.

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

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

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 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value.

Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned 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, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls 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 the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.

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.

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.

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

Repetition

Article 3 of the Convention. Registered dockworkers. Application of the Convention in practice. The Government indicates in its report that it continues to undertake a number of measures aimed at improving the efficiency of work in ports. The measures adopted include institutional governance reforms of the Tanzania Ports Authority; the expansion of the ports of Dar es Salaam, Mtwara, Tanga and Kigoma; the improvement of port processes and logistics, including in the areas of cargo handling and safety; and fighting practices of corruption. The Government adds that these measures are being undertaken in collaboration and consultation with various stakeholders, including the Dock Workers Union of Tanzania (DOWUTA). The Committee requests the Government to provide more detailed information on the results of the measures adopted to improve the efficiency of work in ports. It also requests the Government to provide up-to-date information on the manner in which the Convention is applied, including extracts from reports, particulars of the numbers of registered dockworkers and of variations in their numbers during the period covered by the next report.

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 20(1). Safety of workers in the hold or on the cargo deck of a ship during loading or unloading operations; and Article 26(1)(b). Mutual recognition by Members of the arrangements made for the testing and certification of lifting appliances. The Committee notes the regulations provided by the Government in October 2017 in the context of its new regulations on the general management of safety and health issues in ports. The Government indicates that these regulations were prepared under Act No. 5 of 2003 on occupational safety and health. They consist of the following texts: (i) Regulations on first aid equipment and medical care, GN. No. 147 of 2015; (ii) Regulations on lifting gear, GN. No. 148 of 2015; (iii) Regulations on the building and construction industry, GN. No. 273 of 2015; (iv) General administrative rules, GN. No. 149 of 2015; and (v) Regulations on pressure vessels, GN. No. 274 of 2015. While it notes that these regulations ensure the application of several Articles of the Convention which had been the subject of its previous comments, the Committee nevertheless observes that the information provided is still not sufficient to enable it to assess the manner in which effect is given to Articles 20 and 26 of the Convention. The Committee therefore requests the Government to indicate the measures adopted to: (i) ensure the safety of workers in the hold or on the cargo deck of a ship during loading or unloading operations (Article 20(1)); and (ii) ensure the mutual recognition of the arrangements made by other Members for the testing and certification of lifting appliances (Article 26(1)).

Part V of the report form. Application in practice. The Committee notes the statistical data provided by the Government on the inspections carried out in 2015–16 by the Occupational Safety and Health Agency. The Committee requests the Government to continue providing information it considers useful on the manner in which effect is given to the Convention, and to provide information specific to the port sector, such as extracts of the reports of inspection services on the number and the nature of violations reported, the measures adopted in this regard, and on the number of occupational accidents and diseases reported. The Committee also requests the Government to provide any available information on the number of dockworkers protected by the legislation.

The Committee notes the Government’s first report on the application of the Convention. It also notes that the 2016 amendments to the Annexes of the Convention entered into force for the United Republic of Tanzania on 8 June 2017.

The Committee recalls that these amendments aim at aligning the technical requirements of the Convention with the latest standards adopted by the International Civil Aviation Organization (ICAO) with respect to the technology for seafarers’ identity documents (SIDs) provided for in the Convention. In particular, they intend to change the biometric template in seafarers’ identity documents from a fingerprint template in a two-dimensional barcode to a facial image stored in a contactless chip as required by ICAO Document 9303. The Committee notes that, according to the information submitted by the Government, no concrete measures have been taken so far to issue new SIDs in accordance with the technical requirements of the Convention, as amended in 2016. The Committee recalls in this regard the Resolution adopted by the third meeting of the Special Tripartite Committee of the Maritime Labour Convention, as amended (MLC, 2006), whereby it expressed concern about the difficulties seafarers continue to have in accessing shore leave and transiting in certain ports and terminals around the world and recognized that although an increased number of member States have ratified Convention No. 185, there still appear to be problems in ensuring that the Convention works in the way that it was originally intended. The Committee notes that these problems have dramatically increased as a result of the restrictions imposed by governments around the world to contain the spread of the COVID-19 pandemic. The Committee hopes that the Government will adopt in the near future the necessary measures to give full effect to all the provisions of the Convention, as amended. It requests the Government to provide detailed information on such measures, reproducing the text of the applicable national provisions. The Committee further requests the Government to provide a specimen of a SID compliant with the Convention as soon as it becomes available. The Committee notes the Government’s request for technical assistance, which will be addressed by the Office.

Article 1(1). Definition of seafarer. The Committee notes that section 2(1) of the Merchant Shipping Act, 2003 provides that the term “seafarer”, includes every person (except a master, pilot or apprentice duly contracted or indentured and registered) employed or engaged in any capacity on board a ship. The Committee recalls that, under Article 1(1) of the Convention, the term “seafarer” means any person who is employed or is engaged or works in any capacity on board a vessel, other than a ship of war, ordinarily engaged in maritime navigation. The Committee requests the Government to provide clarifications on the definition of seafarer under national legislation and to indicate how it ensures that the Convention applies to all seafarers within its meaning, including masters and apprentices.

Article 2(1) and (5). Issuance of seafarers’ identity documents. Right to appeal. The Committee notes the Government’s indication that in case of rejection of an application for the issuance of a SID, an appeal can be made to the Director General of the Maritime Authority without referring to the relevant legislative text. The Committee accordingly requests the Government to indicate the relevant laws or regulations giving effect to Article 2, paragraph 5.

Article 4. National electronic database. The Committee notes the Government’s indications concerning the records which are essential for the purposes of verifying a seafarers’ identity document or the status of a seafarer and the fact that the maritime authority does not have its own data base ensuring personal data protection and privacy of seafarers. The Committee requests the Government to indicate the measures taken to ensure full conformity with Article 4 and Annex II.

Article 7. Continuous possession and withdrawal of SIDs. The Committee notes the Government’s indication that the suspension and cancelation of the SIDs are done by the Seafarers Disciplinary Body after receiving the report from the Master stating the wrongful acts committed by the seafarer. It further notes that no appeal will be allowed. The Committee recalls that under Article 7(2) of the Convention, the SID shall be promptly withdrawn by the issuing State if it is ascertained that the seafarer no longer meets the conditions for its issue under this Convention. Procedures for suspending or withdrawing SIDs shall be drawn up in consultation with the representative shipowners’ and seafarers’ organizations and shall include procedures for administrative appeal. The Committee requests the Government to indicate the measures taken to ensure compliance with this requirement of the Convention. Moreover, the Committee notes that the Government does not provide information on the seafarer’s right to keep the SID in his possession at all times, except when it is held for safekeeping by the master of the ship, with the seafarer’s written consent. The Committee therefore requests the Government to indicate the measures taken to give effect to this provision of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 17 (industrial accidents) and 19 (equality of treatment) together.

I. Tanzania mainland

Article 7 of Convention No. 17. Additional compensation in case of incapacity requiring the constant help of another person. In its previous comments, the Committee requested the Government to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the Guidelines for the implementation of the Workers’ Compensation Regulations, 2016, as foreseen by regulation 40(1) of the same text, with a view to give full application to Article 7 of the Convention. The Committee takes due note of the indication by the Government that according to Guideline 5.3 of the “Disablement, Constant Attendance Care Grants, Funeral Grants and Dependents’ Grants Guidelines, 2016”, a person who takes care of an injured worker who is unable to perform essential functions of his/her life without the constant care of another person due to injuries or disease arising out of and in the course of his/her employment is entitled to a payment corresponding to 40 per cent of the compensation payable to the injured worker. The Committee requests the Government to provide further information on the specific eligibility criteria for entitlement to the constant attendance care grant by the carer, as well as a copy of Guideline 5.3 “Disablement, Constant Attendance Care Grants, Funeral Grants and Dependents’ Grants Guidelines, 2016”.

Articles 9 and 10 of Convention No. 17. Medical aid free of charge. Artificial limbs and appliances. The Committee previously requested the Government to ensure that the forthcoming Guidelines for the implementation of the Workers’ Compensation Regulations, 2016, would include the definition of “reasonable medical costs” paid by the Workers Compensation Fund (WCF) in case of an employment injury, pursuant to Section 62 of the Workers Compensation Act (WCA), 2008, in a manner that gives effect to Article 9 of the Convention. The Committee further requested the Government to ensure that the Guidelines would include the renewal of artificial limbs and surgical appliances free of charge, as required by Article 10 of the Convention. The Committee notes the Government’s indication that the WCF will review the Medical Aid Guidelines by incorporating the definition of “reasonable medical costs” based on actuarial recommendations. The Government also indicates that the WCF will review the Medical Aid Guidelines to insert provisions guaranteeing the renewal of artificial limbs and surgical appliances in accordance with the Committee’s comments and the actuarial valuation of the WCF undertaken by the Actuarial Authority. The Committee requests the Government to ensure that the definition of the “reasonable medical costs” paid to injured workers by the WCF covers the costs of all the medical, surgical and pharmaceutical aid that is recognised to be necessary in consequence of work accidents, as required by Article 9 of the Convention, and to provide a copy of the relevant provisions once adopted.

Article 1(2) of Convention No. 19. Equality of treatment without condition of residence – payment of accident compensation abroad. In its previous comments, the Committee requested the Government to specify how the transfer abroad of cash benefits in case of industrial accidents was regulated as regards both nationals and foreigners and their dependants, to ensure that nationals of other member States that have ratified the Convention received the same treatment as nationals. The Committee observes that in accordance with Section 57(1) of the WCA, 2008, where an employee or his/her dependant entitled to a pension under the WCA, 2008 resides outside Tanzania or is absent from Tanzania for a period of more than six months, the Director General of the WCF may award a lump sum instead of a pension. The Committee also notes the indication by the Government of its intention to amend the national legislation, to enable its embassies to assist in ensuring that the dependants of victims of employment injury receive their compensation abroad. The Committee hopes that the Government will take the necessary measures to ensure that accident compensation to which injured workers or their dependents, as the case may be, are entitled is duly paid when they reside in Member States that have ratified the Convention. The Committee further requests the Government to indicate the amount of worker’s compensation paid (1) to Tanzanian nationals, in the case of residency outside of the United Republic of Tanzania, and (2) to foreign nationals from countries that have ratified the Convention, or to their dependants, who reside abroad.

Article 2 of Convention No. 19. Foreign workers temporarily or intermittently employed. The Committee observes that according to Section 25(1)(2) of the WCA, 2008, a foreign worker who is temporarily working in Tanzania for less than 12 months is not entitled to employment injury compensation unless his/her employer who carries business mainly outside Tanzania pays the necessary contributions in respect of such employee. The Committee further observes that only employers who carry business in Tanzania are obliged to register within the WCF and pay contributions, as set out by Sections 71 and 75 of the WCA, 2008. The Committee recalls that Article 2 of the Convention allows the exclusion of workers employed temporarily or intermittently in the territory of one Member on behalf of an undertaking located in the territory of another Member when a special agreement is in place between the two countries concerned that provides for the coverage of these workers under the laws and regulations of the Member where the employer is located. The Committee requests the Government provide detailed information on special agreements concluded with other member States party to the Convention, to ensure that persons who work temporarily in Tanzania for an employer located in their territory are protected in case of work-related injury under the relevant legislation of those countries, in the event their employer is not paying contributions to the WCF on their behalf.

II. Zanzibar

Article 1 of Conventions Nos 17 and 19. Applicable legislation. The Committee previously requested the Government to indicate whether it envisaged to amend the Workers Compensation Act No. 15 of 1986 of Zanzibar (WCA, 1986) which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008 applied in Tanzania Mainland, which establishes an employment injuries social insurance scheme. The Committee notes the Government’s indication that the WCA, 1986 of Zanzibar and the Workers Compensation (Amendment) Act No. 5 of 2005 (WCA, 2005) continue to regulate the provision of workers’ compensation for industrial accidents in Zanzibar.

Articles 2 and 3 of Convention No. 17. Coverage of workers in case industrial accidents. The Committee observes that Section 2(2) of the WCA, 1986, as amended by the WCA, 2005, excludes from its coverage employees of the Union Government. The Committee further observes that Section 2(3) of the WCA, 1986, as amended by the WCA, 2005, authorizes the Minister of Labour, in consultation with the Labour Advisory Board, to exempt any worker from the coverage of the WCA, 1986. The Committee recalls that, according to its Article 2, the Convention applies to all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee further recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention. The Committee requests the Government to indicate whether employees of the Union Government are covered by another workers’ compensation scheme. The Committee further requests the Government to indicate whether any other categories of workers have been excluded from the application of the WCA, 1986, pursuant to its Section 2(3) and, where appropriate, the scheme or provisions through which their protection against employment injury is provided.

Article 5 of Convention No. 17. Lump sum payment in case of permanent incapacity for work or death. The Committee notes that Sections 10, 11 and 12 of the WCA, 1986, as amended by the WCA, 2005, provide for the payment of compensation in the form of a lump sum in case of permanent total and partial incapacity for work or death due to an industrial accident. The Committee recalls that Article 5 of the Convention only allows the compensation to be paid in a lump sum if the competent authority is satisfied that it will be properly utilized. The Committee requests the Government to provide information on the means taken by the authorities to ensure the proper use of the lump sum paid as compensation by injured workers or their dependents, as the case may be.

Article 11 of Convention No. 17. Employers' liability insurance. The Committee observes that by virtue of Sections 8(1) and 48(c) of the WCA, 1986, as amended by the WCA, 2005, the Minister of Labour, in consultation with the Labour Advisory Board, may require any employer or class of employers to insure the liability which they may incur under the WCA, 1986, in respect of their workers. The Committee welcomes this provision and requests the Government to provide information on the classes of employers upon whom such obligation has been imposed.

III. Tanzania mainland and Zanzibar

Application of Conventions Nos 17 and 19 in practice. The Committee requests the Government to supply statistical data, to enable it to assess the manner in which national laws and regulations respecting occupational injuries are applied in practice in the United Republic of Tanzania, including in particular:

- the total number of workers, employees and apprentices employed by all enterprises, undertakings and establishments, to whom the Convention is applicable;
- the total cost of benefits in cash and in kind and also the average cost of benefits in cash and in kind per person covered by the legislation;
- the number and nature of occupational accidents reported and compensated, involving Tanzanian nationals and non-nationals;
- the number of foreign workers in the United Republic of Tanzania, together with their nationality and occupational distribution.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.

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

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

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

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

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

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

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

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

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

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

Application of the Convention in mainland Tanzania

Article 7 of the Convention. Works stores. Further to its previous comments regarding the absence of provisions on the operation of works stores in the Employment and Labour Relations Act, 2004, the Committee notes that the Government does not provide information in its report on the measures taken to ensure compliance with Article 7. It therefore requests the Government to take the necessary measures to give effect to this Article and to provide information in this regard.

Articles 8 and 10. Deductions from wages. Further to its previous comments on the need to take the necessary measures to set an overall limit to deductions from wages, the Committee notes that the Government refers to section 28 of the Employment and Labour Relations Act, 2004, which enumerates the cases of authorized deductions, but does not provide for an overall limit. The Committee is therefore bound to reiterate its requests to the Government to take the necessary measures to set an overall limit to deductions and to provide information in this regard.

Application of the Convention in Zanzibar

Article 7(2). Works stores. Further to its previous comments, the Committee notes that the Government indicates that no regulations are in place to give effect to Article 7(2) which requires that where access to stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the worker. The Committee therefore requests the Government to take the necessary measures to give effect to this provision of the Convention and to provide information in this regard.

Articles 8 and 10. Deductions from wages. Further to its previous comments on the need to take the necessary measures to set an overall limit to deductions from wages, the Committee notes that the Government refers to section 103 of the Employment Act, 2005, which enumerates the cases of authorized deductions, but does not provide for an overall limit. The Committee is therefore bound to reiterate its requests to the Government to take the necessary measures to set an overall limit to deductions and to provide information in this regard.

Imprisonment involving an obligation to work. In its previous comments, the Committee had noted the Government’s repeated statement that imprisonment does not involve an obligation to perform work by virtue of Part XI of the Prison Act of 1967, including in Zanzibar. However, the Committee noted that, pursuant to section 61 of the Prison Act, every prisoner sentenced to imprisonment and detained in prison shall be employed in such a manner as the Commissioner may determine, and for that purpose such prisoner shall, at all times, perform such labour, tasks and other duties as may be assigned to him/her by the officer-in-charge or any other prison officer in whose charge he/she may be. Section 50 of the Offenders Education Act of 1980 of Zanzibar contains the same provision. The Committee observed that prisoners are required to perform labour as determined by the Commissioner and assigned to him/her by the prison officer and that the consent of the prisoner is not required by both the laws. Therefore the following provisions referred to by the Committee, of which the violation is punishable by imprisonment, fall within the scope of the Convention.

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. 1. Media. In its previous comments, the Committee noted with regret that the Media Services Act No. 12 of 2016, which repealed the Newspapers Act of 1976 under Part VII on Offences and Penalties, established penalties of imprisonment for the violation of the Act. It noted that the relevant provisions are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of political views or views opposed to the established political, social or economic system. These provisions include:

-Section 50, which provides that any person who makes use by any means of a media service for the purpose of publishing information which intentionally or recklessly falsified in a manner which, or any statement the content of which, threatens the interests of defence, public order, the economic interests of the country, public morality or public health, commits an offence and is punishable by three to five years’ imprisonment.
-Section 51, which provides that any persons who imports, publishes, sells, offers for sale, distributes or produces any publication or any extract of it, the importation of which is prohibited, commits an offence and is punishable by three to five years’ imprisonment for the first offence, and five to ten years’ imprisonment for a subsequent offence.
-Sections 52 and 53, which provide that any act, speech or publication with a seditious intention, including the sales, distribution, reproduction and importation of such publication, is punishable by three to five years’ imprisonment for the first offence, and five to ten years’ imprisonment for a subsequent offence. The possession of such publication is punishable by two to five years’ imprisonment for the first offence, and three to ten years’ imprisonment for a subsequent offence.
-Section 54, which provides that any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace commits an offence and is punishable by four to six years’ imprisonment.

The Committee also noted that, according to the statement of the United Nations Country Team with regard to the Universal Periodic Review on Tanzania in 2015, since the Media Services Act stipulates that no person will be allowed to practice journalism unless accredited by the journalist accreditation board, its enactment will lead to the suppression of citizen journalists and other volunteer journalists working with community radio stations (A/HRC/WG.6/25/TZA/2, paragraph 40). The Committee requested the Government to take the necessary measures to amend the provisions of the Media Services Act No.12 of 2016 so as to bring them into conformity with the provisions of the Convention.

The Committee notes an absence of information in the Government’s report on this point. The Committee observes that the United Nations Human Rights Office of the High Commissioner published a number of news releases in 2020 on the situation of civil liberties in Tanzania. The Committee notes in particular that in a news release of 22 July 2020, three Special Rapporteurs referred to evidence illustrating the deterioration of the human rights situation since 2016, when political gatherings by opposition groups were barred with repeated arrests of opposition members, activists and critics. They observed that there exists a string of newly enacted legislation used to intimidate human rights defenders, silence independent journalism and further restrict freedoms of expression, peaceful assembly and association. In its news release of 17 March 2020, “Tanzania: Opposition sentences highlight continued stifling of freedoms”, the United Nations Human Rights Office of the High Commissioner referred to the recent sentencing of eight senior members and one former senior leader of Tanzania's main opposition party, on charges including sedition and unlawful assembly, as a “troubling evidence of the crackdown on dissent and the stifling of public freedoms in the country”.

The Committee takes note of this information with concern. It expresses the firm hope that the Government will take the necessary measures to amend the above-mentioned provisions of the Media Services Act No. 12 of 2016 and ensure that persons expressing political views or views opposed to the established political, social or economic system are not subject to penalties of imprisonment involving compulsory labour, whether by restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee once again requests the Government to provide information on the application of the above-mentioned provisions, including any prosecutions conducted or court decisions handed down, and the penalties imposed.

2. Meetings, assemblies and organizations. Non-governmental Organizations Act. The Committee previously noted that section 11 of the Non-Governmental Organizations (NGO) Act of 2002 requires all NGOs to apply for registration with the registrar and that, pursuant to section 13(3), this application for registration may be approved or refused. Section 14(1) of the Act provides that the registration of an NGO may be refused if, inter alia, the activities of an NGO are not for the public interest or on the recommendation of the National Council for NGOs. Section 35 of the Act provides for penalties of a fine or imprisonment (involving compulsory labour) for a term not exceeding one year, or both, for the offences of, inter alia, operating an NGO without obtaining registration. The Committee noted the Government’s statement that no convictions were made under section 35 of the NGO Act and that certain provisions of the NGO Act relating to the registration of NGOs had been ruled unconstitutional by the High Court. With reference to paragraph 302 of the General Survey on the fundamental Conventions, 2012, the Committee once again recalled that, under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving compulsory labour comprises the freedom to express political or ideological views as well as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views.

The Committee notes that the Government’s report does not contain any information in this regard. The Committee once again requests the Government to take the necessary measures to ensure that the above-mentioned provisions of the NGO Act are not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, to persons who hold or express political views or views opposed to the established system.

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

Imprisonment involving an obligation to work. In its previous comments, the Committee had noted the Government’s repeated statement that imprisonment does not involve an obligation to perform work by virtue of Part XI of the Prison Act of 1967, including in Zanzibar. However, the Committee noted that, pursuant to section 61 of the Prison Act, every prisoner sentenced to imprisonment and detained in prison shall be employed in such a manner as the Commissioner may determine, and for that purpose such prisoners shall, at all times, perform such labour, tasks and other duties as may be assigned to him or her by the officer-in-charge or any other prison officer in whose charge he or she may be. Section 50 of the Offenders Education Act of 1980 of Zanzibar contains the same provision. The Committee observed that prisoners are required to perform labour as determined by the Commissioner and assigned to him or her by the prison officer and that the consent of the prisoner is not required by both the laws. Therefore the following provisions referred to by the Committee, of which the violation is punishable by imprisonment, fall within the scope of the Convention.

I. Tanzania mainland

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. The Committee previously noted that paragraph 56 of the First Schedule to the Local Government (District Authorities) Act, 1982, pursuant to section 118(4) of the Act, contains provisions prohibiting, regulating or controlling meetings and other assemblies. It noted the Government’s repeated statement that a district council has the discretion to perform any of the functions specified in the First Schedule to the Act for general purposes of economic development, social progress, environmental sustainability and general welfare of the people. The Government indicated that, in alignment with section 113(1) of the Act, the local government is responsible for maintaining peace, order and good governance. The Committee requested the Government to provide information on any measures or decisions taken by the local governments or district councils in this regard. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on any measures or decisions adopted by local governments or district councils to prohibit, regulate and control, inter alia, meetings, processions and other assemblies, pursuant to paragraph 56 of the First Schedule to the Local Government (District Authorities) Act.

Article 1(c). Penalties involving compulsory labour as a means of labour discipline. In its previous comments, the Committee noted that according to section 11 of the First Schedule to the Economic and Organized Crime Control Act as amended up to 2016, any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer’s property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his duties in a reasonable manner, may be punished with imprisonment for up to two years which involves an obligation to work (section 60(2) of the Act). Recalling that penalties of imprisonment involving compulsory labour as a means of labour discipline are incompatible with the Convention, the Committee once again requests the Government to take the necessary measures to repeal or amend section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984, and to provide information on measures taken in this regard.

II. Zanzibar

Article 1(a). 1. Penalties imposed for seditious offences. The Committee previously noted that section 41 of the Penal Decree (No. 6 of 2004) prohibits engaging in a seditious enterprise (section 41(a)(i)), which is punishable by a sentence of imprisonment (involving compulsory prison labour) of up to seven years. The Committee noted the Government’s indication that the application of section 41 was limited, due to the constitutional provisions concerning freedom of expression which would always prevail in case of a conflict between the Constitution and the Penal Decree.

The Committee notes the Government’s statement that a person found liable for the above offence shall be guilty of a felony and shall be punished with imprisonment without any compulsory labour, but will be required to perform such labour, task and other duties as punishment and as assigned to him by the officer in charge or any other prison officer in whose charge he may be. The Committee observes that persons convicted for the offences under section 41 of the Penal Decree are required to perform labour as determined by the Commissioner and assigned to him or her by the prison officer and hence falls within the scope of the Convention. With reference to paragraph 302 of the 2012 General Survey on the fundamental Conventions, the Committee recalls that, under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views, through which citizens seek to secure the dissemination and acceptance of their views. The Committee therefore requests the Government to take the necessary measures to ensure that the above-mentioned provisions of the Penal Decree are not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, for holding or expressing political or ideological views. It once again requests the Government to provide information on the application of section 41 of the Penal Decree in practice to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Penal provisions concerning unlawful societies. The Committee previously noted that, pursuant to section 3 of Societies Act No. 6 of 1995, an unlawful society constitutes any society declared by the Minister to be unlawful, or any unregistered society which has been in existence for more than six months and has not made an application for registration, has been refused registration or for which registration has been refused. Section 5 of the Societies Act further sets out that the Minister may, when he considers it to be essential for the public interest, by order declare any society to be unlawful which he considers is being used for a prejudicial purpose, or incompatible with the maintenance of peace, order and good governance. Pursuant to section 6 of the Societies Act, any person who manages or assists in the management of any unlawful society shall be guilty of an offence and shall be liable to a fine or to imprisonment (involving compulsory labour) for a term of six months, or both. The Committee also noted that a draft was developed regarding the amendment of the Societies Act, and that this draft was shared with non-governmental organizations, whose comments were sent to the Ministry of Justice for further action.

The Committee once again notes the Government’s statement that no sentences of imprisonment have been imposed pursuant to section 6 of the Societies Act. The Government further indicates that the amendment procedure of the Society Act is still ongoing. The Committee firmly hopes that the Government will take the necessary measures to ensure that amendments to the Society Act, including amendments to section 6 of the Act, will be adopted soon. It requests the Government to provide a copy, once it has been amended. Pending such an amendment, it requests the Government to continue to provide information on the application in practice of section 6 of the Societies Act, particularly regarding any sentences of imprisonment that have been imposed pursuant to this Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2–5 of the Convention. Granting of paid educational leave. The Committee notes the Government’s indication that Section G of the Standing Orders for the Public Service (2009) outlines the Policy for paid educational leave in public sector. The Government indicates that section G.7(2)(b) of the Standing Orders stipulates that a public servant selected to attend an in-service course shall be granted leave with pay while pursuing a course in a higher learning institution which is in the employers’ Training Programme. In this respect, the public employee’s salary will continue to be paid by the respective Ministry for the duration of the course. The Government further indicates that employees may be granted permission to attend longer-term programmes which are not in the approved Training Plan without pay, provided that the course in question is aligned with the employee’s career development. Moreover, the employee must have completed at least two years of service. The Committee notes that employees may also be given a special leave of absence with pay while attending other courses that are not offered by higher learning institutions. Noting that section G.2 of the Standing Orders for the Public Service (2009) stipulates that the President’s Office, Public Service Management shall be responsible for developing training policy for public service and issuing training directives, the Committee invites the Government to provide detailed and updated information on the formulation and application, in collaboration with the social partners, of policies and measures to encourage the granting of paid educational leave for the purpose of vocational training at any level, as well as for general, social and civic education and trade union education, both in the public and private sectors. The Committee further requests the Government to provide information regarding the manner in which the paid educational leave policy is coordinated with general policies on employment, education and training, and hours of work, as required under Article 4 of the Convention. It also once again invites the Government to provide any reports, studies, surveys or statistical data enabling the Committee to assess the extent to which the Convention is applied in practice (Part V of the report form).

Article 6 of the Convention. Participation of the social partners and other stakeholders. The Committee reiterates its request that the Government provide information on the measures taken or envisaged to ensure that the public authorities, the social partners and institutions or bodies providing education and training are associated with the formulation and application of the policy for the promotion of paid educational leave.

Formulation and implementation of education and training policies. The Committee previously invited the Government to provide updated information on existing methods for developing comprehensive and coordinated policies and programmes of vocational guidance and training, indicating the manner in which they are linked to employment and to public employment service. It further requested the Government to indicate the manner in which the new system of competence based education and training adopted by the Vocational Education and Training Authority (VETA) contributes to employment creation. The Government indicates that since the adoption of the Competence Based Education and Training (CBET) programme, in collaboration with stakeholders, the quality of vocational training has increased, particularly through strengthening the link between Vocational Education and Training (VET) providers and industries by introducing compulsory field (industrial) attachments to trainees enrolled in vocational training. The CBET has enabled the VET system to provide desired market-oriented competencies by introducing related and cross-cutting trades in addition to the core trades. The Government further indicates that the creation of modularized training has allowed vocational trainees to choose specific separate training units, according to the skills needed for employment instead of a full cycle of units. In this respect, a total of 4,691 candidates have been awarded modular vocational certificates. The Committee notes with interest that the CBET’s flexibility in terms of duration, entry qualifications, as well as entry and exit points to the labour market has provided a direct response to the country’s employment needs on the emerging skills required in the oil and gas sector, and has increased the VET graduates’ employability rates from 66.1 per cent in 2010 to 75 per cent in 2015. The Government indicates that the Tanzanian Technical Vocation and Educational Training (TVET) institutions have not only increased opportunities for productive work, but also provided employment for different categories of staff ranging from academics to auxiliaries. The Committee notes that by June 2019, the 540 TVET technical institutions were employing about 8,860 academic staff. The Committee requests the Government to continue to provide up-to-date statistical information, disaggregated by sex, age and sector, on the impact of the policies and programmes related to vocational education and training, in particular, on the number of participants in the different programmes and in relation to participants’ access to lasting employment, especially in rural areas. The Committee also requests the Government to provide detailed information on the measures adopted or envisaged, in collaboration with the social partners, to broaden the vocational training systems in order to cover branches of economic activity that are not currently addressed and ensure that these systems are adapted to people’s changing needs throughout life, as well as to the current and forecasted requirements of the labour market and the various branches of economic activity.

Article 3. Coverage by the vocational training system of groups in vulnerable situations. The Committee previously invited the Government to provide information on the measures taken to increase gender-balanced access to education and training and to encourage women to develop and use their professional abilities in all branches of economic activity and at all levels of skill and responsibility. The Government was also requested to indicate the measures taken to promote access to education, training and lifelong learning for individuals with specific needs, such as young persons, rural workers, workers in the informal economy, and the other categories of persons in vulnerable situations. The Government indicates that the inclusion of vulnerable groups, such as female students and students with disabilities, in technical education and training has not increased in recent years. In this respect, the Committee notes that the enrolment of students in TVET institutions, accredited by the National Council for Technical Education (NACTE), decreased from 133,514 in 2017/2018 academic year to 113,427 (8 per cent) in 2018/2019. The number of female students also decreased from 61,671 in 2017/2018 to 56,052 (9 per cent) in 2018/2019 academic year. The enrolment of students with disabilities in TVET institutions accredited by NACTE decreased from 233 in 2017/2018 academic year to 132 (43 per cent) in 2018/2019 academic year. With regard to gender-balanced access to education and training, the Government indicates that as compared to 2012 when women made up to 41 per cent of VET enrolment, the number of female candidates decreased to 33 per cent in 2017. The decrease has partly been due to the introduction of the fee-free basic education policy, which has resulted in more students preferring to continue with lower secondary education instead of opting for vocational studies. The Government further indicates that it has developed gender guidelines to promote female enrolment in VET institutions and has provided support (mainly financial support) to public and private VET Centres offering programmes attracting female candidates with tailor-made programmes created for women (hairdressing and beauty). The Committee recalls that, in its 2012 General Survey, Giving Globalization a human face, it stressed that social stereotypes that deem certain types of work as suitable for men or women are likely to lead to unequal wages for men and women for work of equal value. Such stereotypes, based on traditional assumptions concerning gender roles in the labour market and in society, including those relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks, resulting in certain jobs being held almost exclusively by women, with “female jobs” being undervalued for purposes of wage rate determination (2012 General Survey, paragraph 713). With regard to groups in vulnerable situations, the Government indicates that various measures have been undertaken to improve their access to long-life learning. The Government has developed a Strategy for Inclusive Education to enhance educational services for children with special needs. The Strategy takes an inclusive approach to policy-making and service delivery planning, ensuring teaching and learning are accessible to all. In this respect, the Government have maintained subsidized tuition fees (120,000 Tanzanian shillings per year) and established different vocational programmes with different entry qualification requirements to offer access to candidates who have never attended any formal education. The Government has, in particular, provided support in terms of infrastructure and tools and equipment to offer training at affordable costs to applicants from disadvantaged backgrounds and created new VET colleges in various districts and upgraded 54 Focal Development Colleges for effective provision of vocational training. The Committee notes that besides the National Strategy for Inclusive Education, other programmes such as the Recognition of Prior Learning (RPL) are designed to promote equal access to education to disadvantaged groups, such as youth. In this respect, the Government indicates that an Integrated Training for Entrepreneurship Promotion (INTEP) has been introduced to qualify specific target groups for self-employment. Between 2012 and 2018 a total of 11,151 young persons were awarded INTEP certificates. With regard to adults’ education, the Government indicates that private or non-government education provision has increased significantly in technical education, reaching 25 per cent, and the number of Private Folk and Vocational Centres have more than tripled since 2009. The Committee notes that currently the sector is being improved with the ongoing rehabilitation of the Folk Development Colleges (FDCs) and the construction of additional vocational education and training institutions at district and regional levels. With regard to workers in the informal economy, the Government indicates that the Tanzania National Employment Policy of 2008 sets targets for improving and transforming the informal sector through the creation of decent jobs and empowering informal sector operators. In order to meet this target, the Government has developed a framework through Recognition of Prior Learning Assessment (under its Competence Based Education and Training) to identify, assess and certify competencies acquired through informal and non-formal learning settings. The framework also aims to remove skills gaps and skills mismatches in order to create self-employment options for informally trained apprentices and improve the productivity of informal sector operators. The Committee notes that since the introduction of Dual Apprenticeship Training and Recognition of Prior Learning programmes in 2012, a total of 4,691 (4,214 men and 477 women) and 318 (196 men and 122 women) have been awarded Recognition of Prior Learning (RPL) modular certificates and Dual Apprenticeship certificates, respectively. The Committee requests the Government to provide up-to-date, detailed information, including statistical information disaggregated by sex, age, and sectors of activity on the impact of measures implemented to promote women’s professional abilities and to increase gender balanced access and participation to vocational education and training. The Committee further requests the Government to continue to provide updated information on the manner in which it ensures that specific groups of workers who encounter difficulties in obtaining employment, such as young persons, persons with disabilities, rural workers and workers in the informal economy enjoy equal access to vocational guidance, education and training opportunities. In particular, the Committee requests the Government to provide information on measures taken or envisaged for the provision of vocational guidance, education and training that enables persons with disabilities to access the labour market, including in rural areas.

Article 5. Cooperation with the social partners. The Committee notes that the Government does not provide any information on consultations held with social partners. The Committee reiterates its request that the Government provides updated information on the measures adopted to ensure the collaboration of the social partners and other interested bodies in formulating and implementing education and training policies and programmes. The Committee invites the Government to include in its next report a copy of such policies and programmes, if adopted and implemented.

COVID-19 pandemic. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective, consensus-based and inclusive responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic on the implementation of the Convention.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise, vibration)) and 170 (chemicals) together.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. Air pollution. The Committee previously noted the Government’s indication that the Occupational Safety and Health Bill was being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations were under review. It notes the Government’s indication in its report that the proposed Occupational Safety and Health Bill is still under review. The Committee requests the Government to provide information on the legislation or regulations adopted related to the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, including the adoption of new occupational safety and health legislation.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee previously requested a copy of the air pollution standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. In this respect, the Committee notes with interest the Air quality – Specification Standard of the Tanzania Board of Standards, which establishes permissible limits of some common substances found in polluted air, namely sulphur dioxide, carbon monoxide, suspended particulate matter (dust), oxides of nitrogen, hydrocarbons and lead. The Committee notes that the Standard covers both the ambient air and emission sources.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. The Committee notes the Government’s reference, in reply to its previous request on the effect given to Article 11(3), to the Occupational Safety and Health Bill, currently under examination. The Committee requests the Government to provide information on how it is ensured in practice that occupational diseases resulting from exposure to air pollution are recognized with a view to ensuring that workers who are transferred, because their continued assignment to work involving exposure to air pollution is medically inadvisable, are provided with suitable alternative employment or that measures are taken so as to maintain their income through social security measures in accordance with Article 11(3) of the Convention.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government related to safety training courses provided by the Occupational Safety and Health Authority. The Committee requests the Government to provide further information on the measures taken to ensure that workers are instructed in the measures available for the prevention and control of, and protection against, air pollution.

Chemicals Convention, 1990 (No. 170)

Article 4 of the Convention. National policy on safety in the use of chemicals at work. The Committee notes the Government’s indication in its report, in response to its previous comments, that the process of developing a Chemicals Management National Policy has started with the preparation of a concept note. The Committee requests the Government to continue providing information on any progress made in this regard.

Article 6(2) and (3) and 8(2). Assessment of the hazardous properties of mixtures of two or more chemicals. Classification of chemicals in the case of transport. Criteria for the preparation of chemical safety data sheets. The Committee previously noted the Government’s reference to a draft regulation to implement the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), with a view to facilitating risk assessment and the dissemination of information on mixtures of chemicals to users. The Government also indicated its intention to institutionalize the use of international chemical safety data sheets once such a regulation is adopted. The Committee further noted that the Industrial and Consumer Chemicals Management Act of 2003 and its 2004 Regulations, which made reference to the United Nations Recommendations on the Transport of Dangerous Goods, were under review.

The Committee notes the Government’s indication that it is finalizing the specific regulation on the classification and labelling of chemicals to implement the GHS and that the regulation is expected to be in place by the end of 2020. The Government also states that it has reviewed some provisions of the Industrial and Consumer Chemicals (Management and Control) Act of 2003, in particular section 11(5), in order to address the issues of classification and labelling as part of GHS implementation. The Committee further notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provide for the transportation of chemicals (Part IV) and the requirement of labelling in case of transport (section 59 and 21st schedule). The Committee requests the Government to continue providing information on any developments regarding the adoption of the regulation to implement the GHS system, ensuring that full effect is given to Article 6(2) and (3) and Article 8 of the Convention. It also requests the Government to provide a copy of the new text once adopted.

Articles 7(1) and 9(2). Identification of all chemicals by labelling and marking and responsibility of the suppliers to forward revised labels and chemical data sheets. The Committee requests the Government to provide information on the measures taken to give effect to Articles 7(1) and 9(2).

Article 10(2). Duty of employers to ensure that all chemicals are labelled or marked. Following its previous comments, the Committee notes the Government’s reference to section 75 of the Occupational Health and Safety Act of 2003. According to this section, the employer shall ensure that packages of hazardous chemicals are labelled and that an appropriate chemical safety data sheet is provided to workers prior to handling chemicals. The employer shall also ensure that all chemical containers maintain their original labels and quality in terms of colour, text and graphics. The Committee requests the Government to provide further information on the measures taken to ensure that where such chemicals have not been properly labelled or marked, the employers receiving the chemicals obtain the relevant information from the supplier or from other reasonably available sources, as required by Article 10(2) of the Convention.

Article 12(a). Exposure limits or criteria. The Committee requests the Government to provide information on the measures taken to ensure the establishment of exposure limits or exposure criteria in accordance with either national or international standards, in accordance with Article 12(a).

Article 13(1)(a)–(e). Assessment of risks arising from the use of chemicals at work. Following its previous comments, the Committee notes that section 23 of the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 provides for the contents of risk assessment and risk management programmes to be included for the approval and registration of entities dealing with hazardous chemicals with the Board of Directors of the Government Chemist Laboratory Authority, as required by section 45(2) of the Industrial and Consumer Chemicals Management Act regarding the use of chemicals at work. The Government also indicates that inspections are carried out at least twice a year in this respect and that risk assessments and records for medical surveillance, among others, are part of the essential information to be provided to inspectors. The Committee requests the Government to continue providing information on the application in practice of this Article, including examples of risk management programmes submitted to the authorities and the results of the inspections carried out.

Article 13(1)(f). Personal protective equipment. Following its previous comments, the Committee notes the Government’s reference to section 62 of the Occupational Health and Safety Act of 2003, which provides that effective protective equipment shall be provided and maintained by the employer for the use of the persons employed in any process involving exposure to any injurious or offensive substance or environment. Additionally, section 94 prohibits any payment from workers or deduction of wages in respect of anything to be done or provided by the employer in pursuance of the Act. The Committee takes note of this information.

Article 15(b) and (c). Training and instruction on labels and chemical safety data sheets. Following its previous comments, the Committee notes that the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020 contain several provisions (sections 10(4)(c), 22(1)(b), 29(1)(b) and 33(h)) that require employers involved in the transport, distribution, sale, storage, loading and packaging of chemicals to provide training to workers on the handling of chemicals on a continuous basis. The Committee requests the Government to indicate whether instructions on labels and chemical safety data sheets are included in such trainings. It also requests the Government to provide further information on the contents and frequency of the trainings required by the Industrial and Consumer Chemicals (Management and Control) Regulations of 2020.

Article 18(1) and (3)(a)–(d). Right to removal and rights of workers and their representatives to information. The Committee requests the Government to provide information on the measures taken to ensure that workers have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and shall inform their supervisor immediately, in accordance with Article 18(1). The Committee also requests information on the measures taken to ensure that workers and their representatives have the right to the information referred to in Article 18(3).

Article 19. Responsibility of exporting States. The Committee requests the Government to provide further information on the measures taken, including the Southern African Development Community Code of Practice, to ensure that in cases of export of chemicals subjected to regulations for reasons of safety and health at work, this fact and the reasons therefor are communicated to any importing country.

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

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

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

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

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

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

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

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

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

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

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

Article 7(1). Penalties. The Committee previously noted that sections 78, 79, 80 and 83 of the Law of the Child Act establish penalties ranging from 100,000 Tanzanian shillings (TZS) (US$43.126) to TZS500 million (US$215,624.8), in addition to imprisonment for the offences related to hazardous work, forced labour, prostitution and the sexual exploitation of children. Noting with concern the Government’s statement that so far there had been no prosecutions, convictions or penalties in connection with the above-mentioned provisions of the Law of the Child Act, the Committee requested the Government to take immediate measures to ensure that perpetrators of the worst forms of child labour are prosecuted.

The Committee notes the Government’s statement that information in this regard will be provided once available. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that thorough investigations and prosecutions are carried out against the perpetrators of the worst forms of child labour, including hazardous work. In this regard, it requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed.

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

Repetition

The Committee notes with interest that the Government indicates in its report that the Workers Compensation Fund (WCF) is now operational and that the Workers’ Compensation Regulations, 2016, have been adopted. In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on workmen’s compensation, the Committee considers it appropriate to examine Conventions Nos 17 (accidents) and 19 equality of treatment (accident compensation) in a single comment.

Workmen’s Compensation (Accidents) Convention, 1925 (No. 17)

Article 5 of the Convention. Lump-sum compensation in the event of permanent incapacity. The Committee noted in its previous comments that, according to section 49 of the Workers Compensation Act No. 20 of 2008, where a pension is less than the prescribed amount per month, the Director-General of the WCF may decide to pay a lump sum in lieu of the monthly pension for permanent disablement granted in accordance with section 48 of the Act. The Committee notes the Government’s indication that the Workers’ Compensation Regulations, 2016, have been adopted with a view to providing guidance for the implementation of the Act.

Article 6. Payment of compensation. In its previous comments, the Committee asked the Government to explain how and by whom the compensation is paid after the first month to injured workers. The Committee notes that the Government indicates that, under sections 46(3) and 46(4) of the Workers Compensation Act, employers are liable for providing to the injured employee the compensation for temporary incapacity for the first month, and that thereafter all payments will be provided by the Fund. Furthermore, the Committee notes that the Government states that, in any case, the Fund has put in place a mechanism to ensure that such payments can be provided directly by the Fund including for the first month.

Article 7. Additional compensation. The Committee noted in its previous comments that the right to additional compensation in cases in which the injured worker must have the constant help of another person should not depend upon an administrative decision of the WCF, as provided for by section 51 of the 2008 Act. The Committee notes the information provided by the Government, informing that the Regulations, 2016, provide that the Director-General of the WCF will determine constant care grants through Guidelines, as foreseen by regulation 40(1) of the Workers’ Compensation Regulations 2016. The Committee also notes that through the Public Service Social Security Fund Act, 2018, section 40(2) of the National Social Security Fund Act, 1997, which provided for an additional allowance of 25 per cent of the employment injury benefit to the helper in case the recipient of permanent disability benefit for employment injury needed the constant help of another person, has been repealed. The Committee asks the Government to take the necessary measures to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the forthcoming Guidelines in order to give full effect to this provision of the Convention.

Articles 9 and 10. Medical aid free of charge. Artificial limbs and appliances. In its previous comments, the Committee noted that according to section 62 of the Workers Compensation Act, 2008, the Fund shall pay the reasonable costs of medical aid required by an occupational accident for a maximum period of two years. The Fund may also pay the additional costs for further medical aid when it may reduce the incapacity. The Committee notes that the Government indicates that, under section 4 of the Act, a definition of medical aid including medical, surgical, hospital treatment, skilled nursing services as well as the supply and repair of any prosthesis or any devices necessitated, and ambulance service, is provided. The Committee also notes that the Government states that the Fund will provide surgical appliances, artificial limbs and pharmaceutical aid as part of the medical rehabilitation of the injured employee. The Government adds that the Committee’s comments will be taken into account for the formulation of the Guidelines to be issued by the Director-General of the Fund, in accordance with the Workers’ Compensation Regulations, 2016. The Committee asks the Government to ensure that the Guidelines will include the definition of reasonable medical costs, as well as the renewal of artificial limbs and surgical appliances to be provided free of charge.

Article 11. Insolvency of the insurer. The Committee notes the information provided by the Government concerning the insolvency of the employer or insurer, which acknowledges that the Government is the guarantor in case of insolvency of the Fund, also by virtue of a constitutional obligation.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM TWG), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Part VI) (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM TWG and to consider ratifying Conventions Nos 121 and/or 102 (Part VI) as the most up-to-date instruments in this subject area.

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)

Article 1(2) of the Convention. Payment of accident compensation abroad. The Committee asks the Government to specify how the transfer abroad of cash benefits in case of industrial accidents is regulated as regards both nationals and foreigners and their dependants so as to ensure that nationals of other member States who have ratified the Convention receive the same treatment as the Government grants to its own nationals.

With respect to the legislation applicable in Zanzibar, the Committee asks the Government whether it envisages to amend the Workmen’s Compensation Act No. 15 of 1986 of Zanzibar which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008, which provides a social insurance scheme in case of employment injuries and occupation diseases.

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

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(c) of the Convention. Communication to the ILO of the statistics covered by the Convention. The Committee notes from the information available to the ILO Department of Statistics that the main sources of statistics on wages and hours of work are the Integrated Labour Force Survey (which includes a time–use module), presenting statistics on wages and hours of work for the economy as a whole and agriculture, mining and manufacturing in particular (latest one referring to 2014); and the Employment and Earnings Survey, an annual establishment survey which provides statistics on wage rates and earnings for the economy as a whole and agriculture, mining and manufacturing in particular. Statistical and methodological information derived from these surveys is available through the National Bureau of Statistics’ website. The Government indicates in its report that a meeting was held in February 2015 with the technical support of the ILO with a view to discussing and improving the questionnaire used to collect information for the Employment and Earnings Survey to ensure that it includes issues of working hours and wages. The Government also indicates that a labour force survey is being conducted in Zanzibar that allows for the production of statistics on wages, earnings and hours of work. It adds that the survey is being conducted with the technical and financial support of the World Bank under the Tanzania Statistical Master Plan. The Committee requests that the Government provide information on any developments in the improvement of the questionnaire used for the Employment and Earnings Survey. Please also communicate a copy of the latest labour force survey being conducted in Zanzibar when it becomes available.

The Committee notes the recommendations of the Standards Review Mechanism Tripartite Working Group and the corresponding decision of the Governing Body at its 328th Session in October–November 2016 (GB.328/LILS/2/1) calling upon the Office to commence follow-up with member States that are still bound by the Convention, encouraging them to ratify the Labour Statistics Convention, 1985 (No. 160), as the most up–to–date instrument in this area, and resulting in the automatic denunciation of Convention No. 63. The Committee reminds the Government of the availability of ILO technical assistance in this regards.

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 4 of the Convention. National laws or regulations for the prevention and control of, and protection against, occupational hazards. With reference to its previous comments, the Committee notes the Government’s statement that the Occupational Safety and Health Bill, 2013, is being finalized and that the Environmental Management (Pollution Prevention and Control) Regulations of 2014, are currently under review. The Committee expresses the strong hope that the Government will soon adopt the relevant texts to give full effect to the Convention and requests the Government to provide a copy of the new legislation, as soon as it is adopted.

Article 8. Establishing criteria for determining the hazards of exposure, including taking into account the opinion of technically competent persons. The Committee notes that the Government refers, in its report, to air pollution and noise standards developed by the Occupational Safety and Health Authority in collaboration with the Tanzania Bureau of Standards. The Committee requests the Government to supply a copy of these Standards.

Article 11(3). Alternative employment or other measures offered for maintaining the income of transferred workers. In reply to the Committee’s previous comments, the Government refers to section 72 of the Occupational Safety and Health Act, No. 05/2003, on the possibility for the competent Minister to require medical supervision and examination for workers placed in conditions of work detrimental to their health. It adds that, during their visits, occupational health and safety medical inspectors provide advice on rehabilitative measures for workers affected, wherever necessary. Recalling that Article 11(3) requires every effort to be made to provide workers, whose continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable, with suitable alternative employment or to maintain their income through social security measures, the Committee once again requests the Government to take all the necessary measures to ensure the full application of this Article, both in law and in practice, and to provide further information in this regard.

Article 13. Adequate information and instruction of workers. Application of the Convention in practice. The Committee notes the information provided by the Government concerning the training sessions organized by the Directorate of Training and aimed at raising knowledge and awareness among workers responsible for safety and health issues at work. The Committee requests the Government to provide additional information on these training sessions, for example on their content and their frequency. The Committee also asks the Government to provide general indications on the application of the Convention, including information on inspection visits carried out, the number and nature of contraventions reported and sanctions imposed in relation to the relevant national provisions.

Comments adopted by the CEACR: United Republic of Tanzania

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C137 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C152 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C185 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C019 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Application of the Convention in mainland Tanzania

Application of the Convention in Zanzibar

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

I. Tanzania mainland

II. Zanzibar

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C140 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C170 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Chemicals Convention, 1990 (No. 170)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C017 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C063 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C148 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: United Republic of Tanzania

Display the list by:

Adopted by the CEACR in 2021

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C137 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C152 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C185 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C019 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C095 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Application of the Convention in mainland Tanzania

Application of the Convention in Zanzibar

C105 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C105 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

I. Tanzania mainland

II. Zanzibar

C138 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C138 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C140 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C142 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C170 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Chemicals Convention, 1990 (No. 170)

C182 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C182 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C017 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C063 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C148 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)