Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the information in the Government’s report that the Ministry of Community Development, Gender and Children was in the process of reviewing the Child Development Policy to incorporate concerns on child labour and its worst forms. It had also noted that the Ministry of Community Development, Gender and Children had 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 notes the Government’s indication that the revised Child Development Policy is in the process of being translated into English. It also notes the Government’s statement that the programmes implemented by the Ministry of Community Development have contributed to a decrease in child labour and promotion of child rights. The Committee further notes the Government’s information that the Ministry of Community Development has integrated child labour issues into the curriculum for community development institutes which provide an opportunity for students to acquire knowledge on child labour. The Committee hopes that the Government will supply a copy of the revised Child Development Policy once it has been translated, along with its next report. It also requests the Government to continue providing information on the programmes implemented by the Ministry of Community Development, Gender and Children and the results attained, specifying their contribution to the effective abolition 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 further noting the provisions under section 86 of the Child Development Policy 1996, had asked the Government to indicate whether the prohibition on child labour contained therein relates to all economic activities performed by children younger than 14 years, irrespective of employment status. The Committee notes the Government’s statement that according to section 55 of the revised Child Development Policy of 2008, the exploitation of children through child labour is prohibited. It also notes the Government’s statement that under this policy the economic activities in which children are exploited through child labour include domestic work, mining, fishing, plantation, prostitution and small scale business. The Committee further notes the Government’s statement that the Employment Ordinance (Cap. 366) has been repealed and replaced by the Employment and Labour Relations Act No. 6 of 2004.

Article 3, paragraph 2. Determination of types of hazardous employment or work. The Committee notes the Government’s statement that the process of making rules and regulations to the Employment and Labour Relations Act is under way. The Committee also notes that according to the ILO–IPEC Progress Report of September 2009 on the project entitled “Support for the Time-bound Programme on the worst forms of child labour in Tanzania – II”, the process of integrating the list of hazardous types of work in the national labour laws will be completed in October 2009. The Committee expresses the firm hope that the regulation on the list of hazardous types of work will be adopted shortly in consultation with the social partners 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 noted the Government’s statement that the ongoing revision of the Child Development Policy had recognized children’s right to socialize in employment and also determines the types of work permitted at school. Noting the absence of information in the Government’s report, the Committee once again 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. Noting the absence of information in the Government’s report, the Committee once again expresses the firm hope 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 the Government’s statement that according to the Basic Education Statistics in Tanzania, 2007, the number of children enrolled in primary education schools has increased to 12,418,679 pupils in 2007, and the secondary school enrolment has increased to 1,020,510 pupils. According to the ILO–IPEC Progress Report, 2009, of the project entitled “Support for the Time-bound Programme on the worst forms of child labour in Tanzania – II”, a total of 20,143 children (10,015 boys and 10,128 girls) were withdrawn or prevented from child labour through educational services or training opportunities; and 2,375 children (912 boys and 1,463 girls) were withdrawn or prevented from child labour through other non-education related services. Moreover, according to the ILO–IPEC Progress Report of August 2008 of the project entitled “Towards sustainable action for prevention and elimination of child labour in tobacco farming in Urambo district, Tanzania”, a total of 600 children (224 girls and 376 boys) were withdrawn or prevented through educational services or training opportunities; and 1,000 children (488 girls and 512 boys) were withdrawn or prevented through other non-education related services, and a total of 612 families were provided with income generating activities. The Committee requests the Government to provide information on the application of the Convention in practice, including for example statistical data on the employment of children and young persons, extracts from reports of inspection services, and information on the number and nature of contraventions reported and penalties imposed.