Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 94) sur les clauses de travail (contrats publics), 1949 - République-Unie de Tanzanie (Ratification: 1962)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the information provided by the Government bears no relevance to the procedure of public procurement but seems to refer to the employment and wage conditions of public servants in accordance with the Security of Employment Act (Civil Servants) No. 1 of 1988. The Committee recalls that the Convention requires the insertion of labour clauses in all public contracts falling within its scope, their advertisement, and appropriate sanctions in case of non-observance. It therefore requests the Government to indicate the legal or administrative texts giving effect to the specific requirements of the Convention.

Article 2 of the Convention. The Committee notes that the Conditions of Contract for Works of Civil Engineering Construction established by the “Fédération Internationale des Ingénieurs Conseils” (FIDIC) do not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the same district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and R.167A (1968 edition), which included clauses dealing with conditions of employment in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are currently in use and, if so, to supply a copy. If this is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses, as required under Article 2, in all public contracts covered by the Convention.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.