Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - République-Unie de Tanzanie (Ratification: 1962)

I. Tanzania mainland

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. 1. Media. The Committee previously noted that, pursuant to section 25 of the Newspaper Act, 1976, the President may, if he considers it necessary in the public interest or in the interest of peace and order, prohibit the further publication of any newspaper; printing, publishing, selling or distribution of such newspaper being punishable by imprisonment (involving an obligation to perform labour). However, the Government indicated that a Cabinet paper on a proposed new media bill to replace the Newspaper Act of 1976 would soon be presented by the Government

The Committee notes the Government’s indication that the proposed media bill to replace the Newspaper Act, 1976, was submitted to stakeholders for consideration and comments. The Government indicates that it is now working on the comments provided by stakeholders, before the bill is submitted to the competent authorities. The Committee requests the Government to take the necessary measures to ensure that the media bill does not include provisions pursuant to which persons holding or expressing political views could be subject to sanctions of imprisonment involving compulsory labour. It expresses the hope that the media bill will be adopted in the near future, and requests the Government to provide a copy of the media bill, once adopted.

2. Meetings, assemblies and organizations. The Committee previously noted that paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, contains provisions prohibiting, regulating or controlling meetings and other assemblies. The Committee noted the Government’s indication that this legislation had been addressed by the Law Reform Commission with a view to making appropriate recommendations to the Government, and it expressed the hope that measures would be taken to bring the abovementioned provisions into conformity with the Convention. The Committee also requested detailed information on the Government’s new policy regarding the formation of societies, as well as copies of the relevant texts.

The Committee notes the Government’s statement that although the Local Government (District Authorities) Act was examined by the Task Force on Labour Law Reform, this law was not repealed in the first phase of the Reform. The Committee also notes the Government’s reference to the National Policy on Non-Governmental Organizations (NGOs). The Government indicates that the general objective of this Policy is to create an enabling environment for NGOs to operate effectively and efficiently in the social and economic transformation of the country. The Government states that the NGO Act of 2002 was enacted to provide for the registration of NGOs, with a view to coordinating and regulating their activities. The Committee notes that section 11 of the 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) indicates 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.

The Committee observes that the Human Rights Committee, in its concluding observations of 6 August 2009, expressed concern about reported obstacles to the operation of civil society organizations and their ability to function independently and at the severe penalties for operating an unregistered organization (CCPR/C/TZA/CO/4, paragraph 23). In this regard, the Committee notes that section 35 of the NGO Act of 2002 provides for penalties of a fine not exceeding 500,000 Tanzanian shillings (TZS) (approximately US$310) or to imprisonment for a term not exceeding one year, or both, for the offences of, inter alia, operating an NGO without obtaining registration. While noting the Government’s statement that this legislation does not involve an obligation to perform labour as a penalty, the Committee notes that by virtue of Part XI of the Prison Act, 1977, imprisonment involves an obligation to perform labour.

Recalling that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views, the Committee also refers to the explanations contained in paragraph 162 of the General Survey of 2007 on the eradication of forced labour, where it observed that freedom of expression of political views is closely linked to the right of association and of assembly through which citizens seek to secure the dissemination and acceptance of their views and that any prohibitions of such meetings enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore requests the Government to provide information on the application, in practice, of section 35 of the NGO Act of 2002, particularly regarding any sentences of imprisonment that have been imposed pursuant to this Act. The Committee also requests the Government to take the necessary measures, within the framework of the Task Force on Labour Law Reform, to bring the provisions of the Local Government (District Authorities) Act regulating the holding of meetings and assemblies, into conformity with the Convention. Pending the adoption of such amendments, the Committee requests the Government to provide information on the application of section 118(4) of the Local Government (District Authorities) Act in practice.

Article 1(b) and (c). Penalties involving compulsory labour as a punishment for failure to engage in socially useful work. In its previous comments, the Committee referred to section 176(9) of the Penal Code, under which any person under lawful employment of any description who is, without lawful excuse, found engaged in a frolic of his own at a time when he is supposed to be engaged in activities connected or related to the business of his employment, may be punished with imprisonment (involving an obligation to work). The Committee pointed out that provisions under which idle and disorderly persons may be punished for the mere fact of not engaging in socially useful work are incompatible with both the Forced Labour Convention, 1930 (No. 29), and Article 1(b) of Convention No. 105. Moreover, it would appear that section 176(9) of the Penal Code is primarily applicable to persons who are under lawful employment but are absent from work; the imposition of penal sanctions involving compulsory labour on such persons also falls within the scope of Article 1(c) of the Convention, which prohibits the use of forced or compulsory labour as a means of labour discipline. In this respect, the Committee noted the Government’s repeated statement that section 176(9) would be re-examined in the course of the labour law reform.

The Committee notes the Government’s statement that the Penal Code was examined by the Task Force on Labour Law Reform, but that this legislation was not repealed. The Committee therefore requests the Government to take the necessary measures to repeal or amend section 176(9) of the Penal Code, and to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of section 176(9) of the Penal Code in its next report.

Article 1(c). Penalties involving compulsory labour as a means of labour discipline. In its previous comments, the Committee referred to the provisions, under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employers’ 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 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984 (“Economic offences”), read in conjunction with section 59(2) of the Act). The Committee also noted the Government’s indication that the Economic and Organized Crime Control Act had been listed among the laws to be addressed by the Task Force on Labour Law Reform with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s statement that while the Economic and Organized Crime (Control) Act, was addressed to the Task Force on Labour Law Reform, this reform process did not repeal this legislation. Recalling that penalties of imprisonment involving compulsory labour as a means of labour discipline are incompatible with the Convention, the Committee 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, in order to ensure compliance with the Convention on this point. It requests the Government to provide information on measures taken in this regard, with its next report.

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) prohibited 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 requested information on the application of this provision.

The Committee notes the Government’s statement that there have been no court decisions regarding the application of section 41 of the Penal Decree. The Committee requests the Government to continue to provide information on the application of section 41 of the Penal Decree in practice so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. In its previous comments, the Committee noted section 4(b) of the Deportation Decree (Cap. 41), concerning restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. The Committee noted the Government’s statement that the Decree was no longer in use, and it requested information on any measures taken to repeal this legislation.

The Committee notes the Government’s statement that although the Deportation Decree has not been repealed, it is no longer in use and in practice, it is a dead law. The Committee encourages the Government to consider taking measures to repeal the Deportation Decree, to bring its legislation into conformity with the Convention and the indicated practice.

3. Penal provisions concerning unlawful societies. The Committee previously requested the Government to describe its policy on NGOs, and to supply a copy of the Societies Act.

The Committee notes the Government’s statement that there have been no legislative developments since the Societies Act No. 6 of 1995. The Committee notes that pursuant to section 3 of the Act, 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, and for which registration has been refused. Section 5 of the Societies Act further states 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. In this regard, the Committee notes that 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 of TZS200,000 or to imprisonment for a term of six months, or both.

The Committee recalls that Article 1(a) of the Convention prohibits the use of forced or compulsory labour as a punishment for holding or expressing political views and that any prohibitions of meetings or groups through which citizens seek to secure the dissemination and acceptance of their views which are enforced by penalties involving compulsory labour are incompatible with the Convention. The Committee therefore requests the Government to provide information on the application, in practice, of section 6 of the Societies Act No. 6 of 1995, particularly regarding any sentences of imprisonment that have been imposed pursuant to this Act.

To address gaps in current legislation, the Committee encourages the Government to pursue its efforts to avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.