Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

République-Unie de Tanzanie

Convention (n° 17) sur la réparation des accidents du travail, 1925 (Ratification: 1962)
Convention (n° 19) sur l'égalité de traitement (accidents du travail), 1925 (Ratification: 1962)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 17 (industrial accidents) and 19 (equality of treatment) together.

I. Tanzania mainland

Article 7 of Convention No. 17. Additional compensation in case of incapacity requiring the constant help of another person. In its previous comments, the Committee requested the Government to include the legal rules concerning constant attendant care grants for temporary and permanent incapacity in the Guidelines for the implementation of the Workers’ Compensation Regulations, 2016, as foreseen by regulation 40(1) of the same text, with a view to give full application to Article 7 of the Convention. The Committee takes due note of the indication by the Government that according to Guideline 5.3 of the “Disablement, Constant Attendance Care Grants, Funeral Grants and Dependents’ Grants Guidelines, 2016”, a person who takes care of an injured worker who is unable to perform essential functions of his/her life without the constant care of another person due to injuries or disease arising out of and in the course of his/her employment is entitled to a payment corresponding to 40 per cent of the compensation payable to the injured worker. The Committee requests the Government to provide further information on the specific eligibility criteria for entitlement to the constant attendance care grant by the carer, as well as a copy of Guideline 5.3 “Disablement, Constant Attendance Care Grants, Funeral Grants and Dependents’ Grants Guidelines, 2016”.

Articles 9 and 10 of Convention No. 17. Medical aid free of charge. Artificial limbs and appliances. The Committee previously requested the Government to ensure that the forthcoming Guidelines for the implementation of the Workers’ Compensation Regulations, 2016, would include the definition of “reasonable medical costs” paid by the Workers Compensation Fund (WCF) in case of an employment injury, pursuant to Section 62 of the Workers Compensation Act (WCA), 2008, in a manner that gives effect to Article 9 of the Convention. The Committee further requested the Government to ensure that the Guidelines would include the renewal of artificial limbs and surgical appliances free of charge, as required by Article 10 of the Convention. The Committee notes the Government’s indication that the WCF will review the Medical Aid Guidelines by incorporating the definition of “reasonable medical costs” based on actuarial recommendations. The Government also indicates that the WCF will review the Medical Aid Guidelines to insert provisions guaranteeing the renewal of artificial limbs and surgical appliances in accordance with the Committee’s comments and the actuarial valuation of the WCF undertaken by the Actuarial Authority. The Committee requests the Government to ensure that the definition of the “reasonable medical costs” paid to injured workers by the WCF covers the costs of all the medical, surgical and pharmaceutical aid that is recognised to be necessary in consequence of work accidents, as required by Article 9 of the Convention, and to provide a copy of the relevant provisions once adopted.

Article 1(2) of Convention No. 19. Equality of treatment without condition of residence – payment of accident compensation abroad. In its previous comments, the Committee requested the Government to specify how the transfer abroad of cash benefits in case of industrial accidents was regulated as regards both nationals and foreigners and their dependants, to ensure that nationals of other member States that have ratified the Convention received the same treatment as nationals. The Committee observes that in accordance with Section 57(1) of the WCA, 2008, where an employee or his/her dependant entitled to a pension under the WCA, 2008 resides outside Tanzania or is absent from Tanzania for a period of more than six months, the Director General of the WCF may award a lump sum instead of a pension. The Committee also notes the indication by the Government of its intention to amend the national legislation, to enable its embassies to assist in ensuring that the dependants of victims of employment injury receive their compensation abroad. The Committee hopes that the Government will take the necessary measures to ensure that accident compensation to which injured workers or their dependents, as the case may be, are entitled is duly paid when they reside in Member States that have ratified the Convention. The Committee further requests the Government to indicate the amount of worker’s compensation paid (1) to Tanzanian nationals, in the case of residency outside of the United Republic of Tanzania, and (2) to foreign nationals from countries that have ratified the Convention, or to their dependants, who reside abroad.

Article 2 of Convention No. 19. Foreign workers temporarily or intermittently employed. The Committee observes that according to Section 25(1)(2) of the WCA, 2008, a foreign worker who is temporarily working in Tanzania for less than 12 months is not entitled to employment injury compensation unless his/her employer who carries business mainly outside Tanzania pays the necessary contributions in respect of such employee. The Committee further observes that only employers who carry business in Tanzania are obliged to register within the WCF and pay contributions, as set out by Sections 71 and 75 of the WCA, 2008. The Committee recalls that Article 2 of the Convention allows the exclusion of workers employed temporarily or intermittently in the territory of one Member on behalf of an undertaking located in the territory of another Member when a special agreement is in place between the two countries concerned that provides for the coverage of these workers under the laws and regulations of the Member where the employer is located. The Committee requests the Government provide detailed information on special agreements concluded with other member States party to the Convention, to ensure that persons who work temporarily in Tanzania for an employer located in their territory are protected in case of work-related injury under the relevant legislation of those countries, in the event their employer is not paying contributions to the WCF on their behalf.

II. Zanzibar

Article 1 of Conventions Nos 17 and 19. Applicable legislation. The Committee previously requested the Government to indicate whether it envisaged to amend the Workers Compensation Act No. 15 of 1986 of Zanzibar (WCA, 1986) which puts the liability for the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act No. 20 of 2008 applied in Tanzania Mainland, which establishes an employment injuries social insurance scheme. The Committee notes the Government’s indication that the WCA, 1986 of Zanzibar and the Workers Compensation (Amendment) Act No. 5 of 2005 (WCA, 2005) continue to regulate the provision of workers’ compensation for industrial accidents in Zanzibar.

Articles 2 and 3 of Convention No. 17. Coverage of workers in case industrial accidents. The Committee observes that Section 2(2) of the WCA, 1986, as amended by the WCA, 2005, excludes from its coverage employees of the Union Government. The Committee further observes that Section 2(3) of the WCA, 1986, as amended by the WCA, 2005, authorizes the Minister of Labour, in consultation with the Labour Advisory Board, to exempt any worker from the coverage of the WCA, 1986. The Committee recalls that, according to its Article 2, the Convention applies to all workers, employees and apprentices employed by any enterprise, undertaking or establishment of whatsoever nature, whether public or private. The Committee further recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention.  The Committee requests the Government to indicate whether employees of the Union Government are covered by another workers’ compensation scheme. The Committee further requests the Government to indicate whether any other categories of workers have been excluded from the application of the WCA, 1986, pursuant to its Section 2(3) and, where appropriate, the scheme or provisions through which their protection against employment injury is provided.

Article 5 of Convention No. 17. Lump sum payment in case of permanent incapacity for work or death. The Committee notes that Sections 10, 11 and 12 of the WCA, 1986, as amended by the WCA, 2005, provide for the payment of compensation in the form of a lump sum in case of permanent total and partial incapacity for work or death due to an industrial accident. The Committee recalls that Article 5 of the Convention only allows the compensation to be paid in a lump sum if the competent authority is satisfied that it will be properly utilized.  The Committee requests the Government to provide information on the means taken by the authorities to ensure the proper use of the lump sum paid as compensation by injured workers or their dependents, as the case may be.

Article 11 of Convention No. 17. Employers' liability insurance. The Committee observes that by virtue of Sections 8(1) and 48(c) of the WCA, 1986, as amended by the WCA, 2005, the Minister of Labour, in consultation with the Labour Advisory Board, may require any employer or class of employers to insure the liability which they may incur under the WCA, 1986, in respect of their workers.  The Committee welcomes this provision and requests the Government to provide information on the classes of employers upon whom such obligation has been imposed.

III. Tanzania mainland and Zanzibar

Application of Conventions Nos 17 and 19 in practice. The Committee requests the Government to supply statistical data, to enable it to assess the manner in which national laws and regulations respecting occupational injuries are applied in practice in the United Republic of Tanzania, including in particular:

• - the total number of workers, employees and apprentices employed by all enterprises, undertakings and establishments, to whom the Convention is applicable;
• - the total cost of benefits in cash and in kind and also the average cost of benefits in cash and in kind per person covered by the legislation;
• - the number and nature of occupational accidents reported and compensated, involving Tanzanian nationals and non-nationals;
• - the number of foreign workers in the United Republic of Tanzania, together with their nationality and occupational distribution.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October–November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Conventions Nos 121 or 102 (Part VI) as the most up-to-date instruments in this subject area.