Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - United Republic of Tanzania (Ratification: 1998)

The Committee notes the Government’s report. It requests it to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. In its previous comments, the Committee noted that, in consultation with social partners and other stakeholders, a Child Labour Policy was approved by the Labour Advisory Board in February 2000 and submitted to higher decision-making bodies for approval. The Committee requested the Government to provide information on this Child Labour Policy and to provide a copy of it. The Committee notes the Government’s information that there is already a Child Development Policy of 1996 under the Ministry of Community Development, Gender and Children which is now under review by the Cabinet. In its periodic report to the Committee on the Rights of the Child of 24 August 2005 (CRC/C/70/Add.26), the Government noted that the Child Development Policy of 1996 has been revised, and that the revision has been necessitated by the desire to address the emerging issues of HIV/AIDS, the protection of children from the worst forms of child labour, non-discrimination of children and the protection of the most vulnerable children (paragraph 19). The Committee further notes the Government’s information that, instead of a Child Labour Policy, the Ministry of Labour has a National Child Labour Elimination Strategy (NCLES) published in April 2004. The Committee notes that the Government has provided a copy of the NCLES with its report. It requests the Government to provide a copy of the revised Child Development Policy once it has been reviewed by the Cabinet.

Article 2. 1. Scope of application of the Convention. In its previous comments, the Committee noted that, under sections 13 and 48(2) of the Employment Ordinance (Cap. 366), the terms of these provisions do not apply to employment relationships not deriving from a contract such as self-employment. It therefore requested the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children exercising an economic activity on their own account. The Committee notes that no information has been provided by the Government on this point. It notes, however, that by virtue of section 4 of the Employment and Labour Relations Act, 2004, an “employee” means an individual who has entered into a contract of employment, and an “employer” means any person, including the Government and an executive agency, who employs an employee. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contract of employment and whether or not the work is remunerated. It therefore repeats its request to the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children engaged in employment not deriving from a contract.

2. Age of admission to employment or work. In its previous comments, the Committee noted that by virtue of the provisions of sections 2, 77(1) and 89(1) of the Employment Ordinance (Cap. 366), children under 15 years of age may be admitted to employment or work in any occupation. The Committee requested the Government to provide information on measures taken to bring the relevant legislation into conformity with Article 2, paragraph 4, of the Convention. The Committee notes the Government’s information that the United Republic of Tanzania has specified a minimum age of 14 years for entry into employment, after consultation with social partners, taking into account that compulsory primary education is between 7 and 13 years. It notes with interest the Government’s information that section 5(1) of the Employment and Labour Relations Act, 2004, prohibits the employment of a child under the age of 14 years. The Committee takes due note of this information.

Article 3. 1. Establishment of the minimum age for admission to hazardous work at 18 years. In its previous comments, the Committee noted the information provided by the Government that following the ratification of Convention No. 182, new legislation would establish a higher minimum age for admission to hazardous work and would provide for deterrent action and punitive measures. The Committee requested the Government to provide information on any progress in this respect. It notes the Government’s information that section 5(2) of the Employment and Labour Relations Act, 2004, provides that “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 takes due note of this information.

2. Determination of types of hazardous employment or work. In its previous comments, the Committee noted that, by virtue of section 79(1) of the Employment Ordinance (Cap. 366), no child or young person shall be employed in any employment which is injurious to health, dangerous or otherwise unsuitable. Reminding the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, the Committee requested the Government to provide information on measures taken to determine the types of hazardous work in national legislation, and to provide information on the consultations held with organizations of employers and workers concerned in this regard. The Committee notes the Government’s information that, under section 5(6) of the Employment and Labour Relations Act, 2004, the Minister is given power to make regulations to determine a list of hazardous forms of work for children under 18 years of age, and to see to the periodic revision of this list. The Committee requests the Government to provide information on whether the Minister has determined the list of hazardous occupations prohibited to persons under the age of 18 and, if so, to provide a copy. It also requests information on consultations held with organizations of employers and workers on this subject.

Article 4. Exclusion of limited categories of employment or work from the application of the Convention. In its previous comments, the Committee noted that the Employment Ordinance (Cap. 366) does not apply to children engaged on a native vessel in which members of their family are only employed (section 89). The Committee requested the Government to state whether it intended to exclude children engaged on a native vessel in which members of their family only are employed from the Convention and, if so, to give the reasons. The Committee notes that section 5(3) of the Employment and Labour Relations Act, 2004, prohibits the employment of any person under the age of 18 as crew on a ship. For the purpose of this subsection, “ship” includes a vessel of any description used for navigation. The Committee takes due note of this information.

Article 6. Apprenticeship and vocational training. In its previous comments, the Committee noted the Government’s information that there are various training programmes in vocational schools and other training institutions. The Committee requested the Government to provide information on the conditions prescribed by the competent authority for any work done by children and authorized for the purposes set out in Article 6 of the Convention, and to provide information on the consultations held on this subject with the organizations of employers and workers concerned. The Committee notes that section 5(5) of the Employment and Labour Relations Act, 2004, provides that any written law regulating the provisions of training may permit a child under the age of 18 to work in a factory, mine, on board a ship, or in any other worksites provided that the health, safety, and morals of the child are fully protected and that the child has received or is receiving adequate specific instruction or vocational training in the relevant work or activity. The Committee takes due note of this information.

Article 7, paragraph 1. Age of authorization of employment in light work. In its previous comments, the Committee noted that a joint reading of the provisions of sections 2, 78(1)(a) and (b) of the Employment Ordinance (Cap. 366) showed that any child under 15 years of age may be admitted to employment or work. It requested the Government to provide information on the measures adopted or envisaged to ensure that no person under 12 years of age is authorized to perform light work, in accordance with the requirements set out in Article 7, paragraphs 1 and 4, of the Convention. The Committee notes the Government’s information that under section 5(2) of the Employment and Labour Relations Act, 2004, a child of 14 years of age and above may only be employed to do light work which is not likely to be harmful to the child’s health and development, and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received. The Committee takes due note of this information.

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that, according to a preliminary survey carried out by the Ministry of Labour on the economic activities of children, around 48 per cent of working children combine work and school. The Committee noted the Government’s indication that it hopes that the current reform of the labour legislation will clearly determine the types of work which will allow the socialization of children and which may be authorized at school. The Committee notes the Government’s information that the relevant regulations are not in place. Accordingly, the Committee repeats its request to the Government to provide information on the categories of employment (those allowing children to socialize and those which may be permitted at school) envisaged by the reform of the labour legislation.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that participation in activities such as artistic performances is regulated by the Film Censorship and Stage Plays Act of 1976. The Government added that regulations were currently being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances. These regulations should specify, among other matters, the categories of permissible artistic work, conditions, remuneration of children and penalties for breaches. The Committee notes the Government’s information that under section 5(6)(a) of the Employment and Labour Relations Act, 2004, the Minister for Labour shall make regulations to prohibit, or place conditions on the employment of children under 18 years of age. The Committee notes, however, that this provision does not specifically regulate the hours, conditions or types of employment of children in artistic performances. It therefore repeats its request to the Government to provide information concerning the procedure for issuing permits and the conditions to which they are subject, as well as information on the consultations held on this subject with the organizations of employers and workers concerned. The Committee also repeats its request to the Government to provide a copy of the Film Censorship and Stage Plays Act of 1976, and of the regulations being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances, when they have been adopted.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate whether the national legislation contains provisions providing for the appropriate penalties to ensure the enforcement of the Employment Ordinance (Cap. 366) respecting work by children and young persons (Part VII of the Ordinance) and, if so, to provide copies thereof. The Committee notes that section 102(2) of the Employment and Labour Relations Act, 2004, provides that any person convicted of any of the offences referred to in section 5 (child labour) may be sentenced to a fine and/or imprisonment. The Committee takes due note of this information.

Part V of the report form. Practical application of the Convention. The Committee notes that the Government has provided a copy of the ILO/IPEC 2000‑01 Integrated Labour Force and Child Labour Survey, entitled “Child Labour in Tanzania”. The report provides detailed information and statistics on many aspects of child labour in the United Republic of Tanzania. The Committee notes with concern the report’s information that 1,271,813 children aged 5 to 9, and 2,204,687 children aged 10 to 14 are economically active. At least 1.2 million children are involved in the worst forms of child labour. Furthermore, the report provides that only 26 per cent of children aged 5 to 9 and 56 per cent of children aged 10 to 14 are attending school. The Committee notes the information provided in the NCLES which states that due to limited resources, very few workplaces and primary schools have been visited with a view to inspect and enforce the ban on child labour and compulsory education laws. The NCLES also notes that commercial sexual exploitation is on the rise in the United Republic of Tanzania, and that the working conditions of girls between the ages of 9 and 15 working as household domestics can be both exploitative and abusive. It is estimated that children in this sector work between 12 and 18 hours per day. It therefore appears that, while there is a legislative framework in place for the elimination of child labour, there are many problems in its practical application. The Committee expresses its deep concern about the actual situation of young children in the United Republic of Tanzania who are compelled to work out of personal need, and it strongly invites the Government to redouble its efforts to progressively improve the situation.

In this regard, the Committee notes with interest that the United Republic of Tanzania is one of the first countries to participate in the ILO/IPEC Time-Bound Programme (TBP) on the worst forms of child labour. In the United Republic of Tanzania, there exist numerous action programmes and projects related to child labour and its worst forms, including initiatives in the mining and agricultural sectors, hazardous work, the sexual exploitation of children, as well as preventing the worst forms of child labour through education and training. The Committee asks the Government to provide further information on the results achieved by the ILO/IPEC programmes in eliminating child labour and its worst forms. It further requests the Government to continue providing information on the manner in which the Convention is applied, including extracts of the reports of inspection services and information on the number and the nature of the violations reported.

The Committee further notes from the Government’s report to the Committee on the Rights of the Child that the government of Zanzibar initiated a Policy for Child Survival, Protection and Development (CSPD) in October 2001. The policy provides a far-reaching framework for the protection of children’s rights. Furthermore, in conjunction with the ILO, the government of Zanzibar launched a Gender and Promotion Programme in 2002. The aim of the programme is to heighten the economic status of women with the goal of reducing the problem of child labour. The programme has been run as a pilot project and, to date, 62 children have been removed from child labour in the area of Unguja and 112 in the area of Pemba. Out of 174 children, 88 were reintegrated in formal schools and 86 were sent to vocational training (paragraph 70). The Committee requests the Government to continue to provide information on the implementation and results of these programmes, as well as measures taken or envisaged to bring the legislation and practice in Zanzibar into conformity with the Convention.