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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - United Republic of Tanzania (Ratification: 2000)

Articles 2 and 3 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations without previous authorization. Right of organizations to organize their activities and to formulate their programmes freely. In its previous comment, the Committee trusted that the Government would bring its legislation into conformity with the Convention and in this respect referred to the following issues:

• -the need to amend section 2(1)(iii) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) so as to ensure that prison guards enjoy the right to establish and join organizations of their own choosing;
• -the need to amend section 2(1)(iv) of the ELRA so as to clearly indicate that only the military members of the national service are excluded from the scope of the Act;
• -the need to amend section 76(3)(a) which prohibits picketing in support of a strike or in opposition to a lawful lockout;
• -the need to amend section 26(2) of the Public Service (Negotiating Machinery) Act (No. 19 of 2003) to align it with the relevant provisions of the ELRA which also applies to workers in the public service; and
• -the need to ensure that any service designated as essential by the Essential Services Committee pursuant to section 77 of the ELRA is based on the strict definition of the term.

The Committee notes the Government’s general indication that efforts will be made in consultation with social partners and the technical support of the ILO to study the best possible way to take into consideration the comments of the Committee. Regarding the right of prison guards to establish and join organizations, the Committee notes the Government’s indication that following the recent legislative amendments, prison guards are recognized as military officials and are regulated by their own legislation. The Committee considers that the functions exercised by this category of public servants do not justify their exclusion from the rights and guarantees set out in the Convention. The Committee requests the Government to provide information on the right of prison guards to establish and join organizations along with copies of the abovementioned amendments. The Committee further expects that the Government will provide full details on measures taken in consultation with the social partners to bring the legislation into conformity with the Convention on the abovementioned issues.

Regarding the practical application of sections 4 and 85 of the ELRA, which prohibit protest action in case of a dispute in respect of which a legal remedy exists,the Committee notes the Government’s indication that there is neither restriction nor interference, and that the object of the procedures is to ensure the prevention of harm to the public under Article 30 of the Constitution. The Committee considers that while the solution to legal conflicts arising as a result of a difference in the interpretation of a legal text should be left to the competent courts, it expresses concern that prohibiting all protest actions in respect of disputes for which a legal remedy exists may unduly interfere with the exercise of trade union rights. The Committee requests once again that the Government provide information on the application of the above-mentioned provisions in practice.

Zanzibar

Articles 2 and 3 of the Convention. The Committee had previously noted that section 2(2) of the Labour Relations Act (No.1 of 2005) (LRA) excluded from its scope judges and all judiciary members; members of special departments; and employees of the House of Representatives and requested the Government to provide relevant pieces of legislation that grant the abovementioned categories of workers the right to organize. The Committee notes the following pieces of legislation provided by the Government: The Special Departments Service Commission Act, No.6/2007; the Jeshi la Kujenga Uchumi Act, No.6/2003; and the Kikosi Maalum cha Kuzuia Magendo Act, No.1/2003. The Committee observes that the three Acts apply to the members and judges of special departments and to forces that protect the territories of the State, and none of the acts refer to the right to organize. The Committee therefore requests once again that the Government ensures that the above-mentioned categories of workers are granted the right to organise and to provide the relevant pieces of legislation in this regard.

The Committee had previously requested the Government to amend the following provisions of the LRA:

• -section 42, so that trade unions have the power to manage their funds without undue restrictions from the legislation;
• -section 42(2)(j), to ensure that trade unions do not require the approval of the Registrar on the institution which they may choose to contribute to; and
• -section 64(1) and (2), so that the prohibition of the right to strike only extends to public servants exercising authority in the name of the state or to essential services in the strict sense of the term.

The Committee notes the Government’s indication that all labour laws are undergoing review. The Committee further takes note of the Government’s request for technical and financial support from the Office. The Committee expects the Government to take the necessary measures in the near future to amend the abovementioned provisions, in consultation with the social partners and with the technical assistance of the ILO. The Committee requests the Government to provide information on all developments in this regard.

The Committee had previously requested the Government to indicate whether the time frame for advance notices was the same for strikes and protest actions. The Committee recalls that in its previous comments it considered that the period of advance notice should not be an additional obstacle to bargaining, with workers in practice waiting for its expiry in order to be able to exercise their right to strike. The Committee notes the Government’s indication that while the advance notice period for strikes is different from the one for protest action, efforts will be made in consultation with stakeholders to take into account the issues raised by the Committee in this regard. The Committeerequests the Government to provide information on all developments in this regard.