Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments the Committee notes the Government’s information that the Ministry of Community Development, Gender and Children is in the process of reviewing the Child Development Policy to incorporate concerns on child labour and its worst forms. It notes that the Ministry of Community Development, Gender and Children has implemented several programmes aimed at promoting children’s rights and abolishing child labour such as: capacity-building programmes for stakeholders (stakeholders in 18 out of 21 regions reached so far); conducting advocacy and sensitization workshops based on specific themes for abolishing child labour; and establishment of a National Orphans Trust Fund for strengthening mechanisms to support and protect orphans and children living in difficult situations. The Committee requests the Government to provide a copy of the revised Child Development Policy once it has been reviewed. It also requests the Government to provide information on the impact of the programmes implemented by the Ministry of Community Development, Gender and Children in relation to the elimination of child labour.

Article 2, paragraph 1. Scope of application. The Committee had previously 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. The Committee had requested 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. The Committee notes the Government’s information that section 86 of the Child Development Policy 1996, prohibits the exploitation of children through child labour. The Committee asks the Government to indicate whether the prohibition on child labour under section 86 of the Child Development Policy 1996, relates to all economic activities performed by children younger than 14 years, irrespective of employment status.

Article 3, paragraph 2. Determination of types of hazardous employment or work. Following its previous comments, the Committee notes the Government’s information that efforts are being made by the Minister for issuing a regulation listing hazardous types of work. The Committee hopes that the regulation on the list of hazardous types of work will be adopted shortly and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

Article 7, paragraph 3. Determination of light work. The Committee had previously requested 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. The Committee notes the Government’s information that the ongoing revision of the Child Development Policy has recognized children’s right to socialize in employment and also determines the types of work permitted at school. The Committee requests the Government to provide information on the categories of employment permitted at school, and those allowing children to socialize, as per the revised Child Development Policy.

Article 8. Artistic performances. The Committee had previously noted that the Ministry of Education and Culture was in the process of formulating regulations respecting the participation of children in activities such as artistic performances, which also specifies the categories of permissible artistic work, conditions, and penalties for breaches. The Committee hopes that the regulations respecting the participation of children in artistic performances have been duly adopted and it once again requests the Government to supply a copy of the same.

Part V of the report form. Application of the Convention in practice. The Committee notes that with the ILO/IPEC assistance, the United Republic of Tanzania is currently implementing the Time-bound Programme (TBP) on the Worst Forms of Child Labour which was launched in 2001 and has now entered its second phase. Within this framework, the following programmes were implemented: programmes for combating hazardous child labour in the commercial agriculture sector (Combating hazardous child labour in commercial agriculture in Tanzania (2000–03)); in the domestic sector (Combating child labour in the domestic sector in East Africa (2003–05)); and in tobacco farming (Urambo tobacco sector project entitled, Combating hazardous child labour in tobacco farming in Urambo district Phase I (2003–06) and Phase II (2007–10)). The Committee notes with interest that according to the ILO/IPEC Report on the project entitled “Combating child labour in the domestic sector in East Africa” (page 3), two major action programmes implemented under this programme in the United Republic of Tanzania prevented 760 children (588 girls and 172 boys) from being engaged in domestic labour and withdrew and rehabilitated 548 children (357 girls and 191 boys). The ILO/IPEC Progress Report 2004, (pages 4, 5, 11 and 12), on Urambo tobacco sector project Phase I indicates that, within this project, village child labour committees were established in 36 villages in the United Republic of Tanzania, whose members were trained in identifying, preventing and withdrawing child labourers and reintegrating them into primary school. Under this project, 537 children were withdrawn and reintegrated to primary education, 62 children were provided with vocational training and 889 children benefited through educational services or training opportunities.

In addition, the Government has initiated the Primary Education Development Programme (PEDP), the Secondary Education Development Programme (SEDP) and the Compulsory Basic Education Training (COBET). Moreover, the Poverty Reduction Strategy Paper (PRSP) has also put in place a number of programmes and plans aimed at improving education and eliminating illiteracy by 2010. According to the ILO/IPEC Progress Report 2006 (TBP, Phase I, page 2), the implementation of the PEDP has increased the school enrolment rates from 80.6 per cent in 2002 to 96.1 per cent in 2006, while the completion rate has increased from 57.8 per cent in 2002 to 68.7 per cent in 2006. The Committee requests the Government to provide information on the results achieved by the ILO/IPEC programmes in eliminating child labour and its worst forms, and on the results of the programmes to improve education under the PEDP and the PRSP. It also requests the Government to provide information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed.