Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - República Unida de Tanzanía (Ratificación : 2001)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. In its previous comments, the Committee noted that section 139A(1)(b)(i) of the Penal Code deals with trafficking in persons. According to this provision, any person who, for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration arranges for, or assists a child under 18 years of age to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian, commits the offence of trafficking. The Committee observed that section 139A(1)(b)(i) of the Penal Code refers only to the trafficking of children "without" the consent of their parent or guardian. The Committee once again requests the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that, by virtue of section 29(4) of the National Defence Act, 1966, no person under the apparent age of 18 years shall be enrolled in the defence forces without the consent in writing of one of his parents or his guardian or where the parents or guardian are dead or unknown, by the area commissioner of the district in which such person resides. The Committee also noted that, in its initial report to the Committee on the Rights of the Child in September 2000 (CRC/C/8/Add.14/Rev.1, paragraph 346), the Government stated that it had participated in only one war in which children were not involved as soldiers. The Government also indicated that the United Republic of Tanzania has not been involved in armed conflicts inside its boundaries. However, the Committee noted from the report of the United Nations Secretary-General on children and armed conflict in November 2003 (United Nations document A/58/546-S/2003/1053, paragraph 47), that armed opposition groups have recruited children from refugee camps in the western part of the United Republic of Tanzania. Noting the absence of information from the Government, the Committee once again asks it to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (c). Use, procuring or offering of a child for illicit activities. Referring to its previous comments, the Committee notes the Government’s indication that the use, procuring or offering of a child for illicit activities does not exist in the United Republic of Tanzania. However, the Committee reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and to indicate the sanctions envisaged.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Mainland Tanzania. With reference to its previous comments, the Committee notes with interest that the Employment and Labour Relations Act, 2004, for Mainland Tanzania [hereinafter Act No. 6], was adopted. It notes that, by virtue of section 5(3) of Act No. 6, a child under 18 years of age shall not be employed in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister. The Committee also notes that, under the terms of section 5(6)(a) of Act No. 6, the Minister shall make regulations to prohibit, or place conditions on the employment of children under 18 years of age. The Committee notes the Government’s indication that the types of work referred to under Article 3(d) includes work in commercial agriculture, mining, quarrying, domestic services and commercial sexual exploitation involving children under 18. The Committee also notes the Government’s statement that, in drawing up a list of hazardous types of work, the Government consulted the social partners. Finally, the Government indicates that Act No. 6 requires the Minister to make provision for the regular revision and updating of the list of hazardous forms of work and that this is the first list to be issued and, to date, no revision has been made by the Minister. Noting that the types of hazardous work referred to by the Government in its report (commercial agriculture, mining, quarrying, domestic services and commercial sexual exploitation) do not appear to be listed in Act No. 6, the Committee requests the Government to indicate whether this list is contained in regulations issued by the Minister pursuant to section 5(6) of Act No. 6 or in some other legislation.

2. Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. It once again requests the Government to provide information on progress made in this regard and to provide a copy of the law once it is adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that, for the purpose of monitoring and coordinating the intervention activities against the worst forms of child labour, the Government had established the National Inter-sectoral Coordination Committee (NISCC) at the national level, with representation by the employer’s association, trade union organizations, key government ministries and the non-governmental organizations. The Committee further noted that NISCC consists of four subcommittees, namely: commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. The Committee also noted that, at the local or district level, the Government had established the District Child Labour Committees (DCLC) which oversees the intervention activities against the worst forms of child labour. Noting that the Government has provided no information regarding this issue, the Committee once again requests the Government to provide information on the functioning of the NISCC and the four subcommittees, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that all action programmes against the worst forms of child labour were to be discussed by concerned sectoral subcommittees and the technical subcommittee, and approved by the NISCC. It once again requests the Government to provide information on any programmes of action approved by the NISCC for the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Noting that the Government has provided no information with regard to this Article of the Convention, the Committee once again requests the Government to report on the practical application of the penalties laid down in the relevant national provisions, namely: sections 138B, 139, 139A, 254 and 255 of the Penal Code, and section 102 of the Employment and Labour Relations Act, 2004. Moreover, observing that, due to devaluation, most monetary penalties mentioned in the legislation have become very low, the Committee once again asks the Government to provide information on measures taken or envisaged to review these monetary penalties in the light of the current value of the national currency.

Paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted with interest that the Government became one of the first three countries to design and implement a Time-Bound Programme (TBP). It also noted that, in April 2001, a national round table on the worst forms of child labour was held with a wide range of social partners and high-level government participation, and that four sectors were selected as priority target groups for the TBP initiative, namely, prostitution, the domestic service, the mining sector and commercial agriculture including tea, coffee and tobacco. The Committee furthermore noted with interest that the Government had set targets of reducing the involvement of children in the above sectors by 75 per cent by the year 2005 and of eradicating the problem completely by the year 2010. Noting that the Government has provided no information with regard to the TBP, the Committee yet again requests the Government to report on the results achieved in reducing the involvement of children in the four sectors selected.

Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that, according to the project document entitled "Supporting the time-bound programme on the worst forms of child labour in the United Republic of Tanzania", between 300,000 and 500,000 children were at risk in the four sectors targeted by the TBP. A total of five action programmes was being implemented by the Child Labour Unit (CLU) for: (i) the prevention and withdrawal of 5,000 children from prostitution; (ii) the prevention and withdrawal of 7,500 children in domestic services; and (iii) the prevention and withdrawal of child workers in commercial agriculture. In addition, three action programmes had been approved by the NISCC technical subcommittee, which included: (a) the prevention and withdrawal of 2,500 children in the mining sector; (b) vocational education and skills training for 3,000 children by the Vocational Education Training Authority; and (c) the provision of transitional education by the Complementary Basic Education and Training Programme (COBET) for 15,000 children identified for prevention. The Committee once again requests the Government to provide information on the impact of the abovementioned action programmes on preventing children under 18 from engaging in the worst forms of child labour in the four sectors targeted by the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that, according to the project document mentioned above, a wide range of direct support has been given to partners to withdraw working children from hazardous work in mining sites (with UK-DFID support), domestic services, street work and prostitution. The Committee notes that, according to the information available at the Office, other action programmes are being implemented in different district councils of the United Republic of Tanzania, mostly concerning the prevention, withdrawal and rehabilitation of children from hazardous child labour in commercial agriculture. Noting the absence of information from the Government, the Committee requests the Government to provide information on the achievements of the TBP and the new action programmes, and their impact with regard to removing children in the worst forms of child labour in the four sectors targeted by the TBP, and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. HIV/AIDS. In its previous comments, the Committee noted that, according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people were believed to be affected in the United Republic of Tanzania. The Committee also noted that, according to the Rapid Assessment document entitled "HIV/AIDS and child labour in the United Republic of Tanzania", more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. Moreover, the United Republic of Tanzania had formulated a national policy on HIV/AIDS. The Committee notes that the United Republic of Tanzania is part of the World Bank Grant to fight HIV/AIDS in Africa’s Great Lakes Region. In the absence of information provided by the Government, the Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It yet again asks the Government to provide information on the measures envisaged or taken through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour, especially those who are self-employed as well as those engaged in domestic work, and in prostitution.

Clause (e). Take account of the special situation of girls. Noting that the Government has provided no information, the Committee once again asks the Government to provide more information on the number of girls targeted by the COBET programme.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that no specific authority has been designed for the implementation of the provisions giving effect to the Convention because this remains the responsibility of the central Government, as these strategies fall within the overall National Development Plan.

Article 8. International cooperation and assistance. The Committee noted that the Government had other objectives for 2010 in the National Development Vision 2025 and the Poverty Reduction Strategy Paper (PRSP) specifically relevant to child labour, which include a reduction of absolute poverty by 50 per cent (current absolute poverty is estimated at 43 per cent of the population) and the reduction of unemployment rates to less than 10 per cent. The Committee takes due note of the Government’s indication that the TBP, which targets four sectors, has been integrated in the National Development Vision on Poverty reduction, HIV/AIDS Control, Education and Employment Promotion.

Parts IV and V of the report form. Noting the information provided by the Government in its report on the TBP, the Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, as well as information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.