Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 29) sur le travail forcé, 1930 - République-Unie de Tanzanie (Ratification: 1962)

The Committee notes the Government’s reply to its earlier comments.

Articles 1(1) and 2(1) and (2) of the Convention. For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

-  article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

-  the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

-  several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled "self-help and community development", "nation-building", and "enforcement of human resources deployment", which provide for an obligation to work.

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, Acts of Parliament and district by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee noted the Government’s repeated statement concerning practical difficulties encountered in the application of the Convention, which in most cases were due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population. The Government stated in its 2002 report that such by-laws did not take much into account the provisions of the ILO Conventions and the national Constitution and that it was trying to adopt a new approach for the enactment of new laws in order to ensure compliance with the Constitution and the international obligations.

The Committee previously noted the Government’s indication that the Employment Ordinance No. 366 of 1952 was being revised and that a draft Bill was tabled to the Cabinet. In its latest report, the Government states that it has taken very serious note of the Committee’s concerns, and that the identified laws - such as the Local Finances Act, 1982, the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, and the Ward Development Committees Act, 1969 - are being addressed by the Task Force of the current Tanzania Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government.

The Committee urges the Government to take the necessary measures in the very near future to ensure that the provisions incompatible with the Convention are repealed or amended and asks the Government report the progress made in this regard.

The Committee is again addressing a request on certain other points directly to the Government.