Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Republic of Tanzania (Ratification: 2002)

Article 1(1)(b) of the Convention. HIV and AIDS. In its previous comments, the Committee requested the Government to provide information on the application in practice of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 with regard to employment and occupation. The Committee notes the information provided by the Government regarding the legal framework prohibiting discrimination based on HIV/AIDS status and the sanctions provided by the HIV and AIDS Act and the Employment and Labour Relations Act No. 6 of 2004. The Committee requests the Government to provide information on the practical application of Act No. 28 of 2008, including on any violations of its anti-discrimination provisions reported to or detected by the labour officers, and sanctions applied and any developments regarding the adoption of regulations regarding section 28 of this Act pursuant to section 52(m). If such regulations have been adopted please provide a copy.

Article 2. National policy to promote equality and eliminate discrimination on grounds other than sex. The Committee notes from the Government’s report that issues relating to denouncing discrimination and promoting equal opportunity in employment are being mainstreamed into labour administration and inspection instruments such as inspection forms and compliance orders. The Government also states that it is expected that the technical cooperation Project on Improving Labour Law Compliance, in collaboration with the ILO, will assist in providing the labour officers with relevant knowledge on equality and discrimination. The Committee notes however that the Government does not provide any information on equality plans prepared and registered by employers with the Labour Commissioner under the Employment and Labour Relations Act. The Committee recalls that, while affirmation in legislation of the principle of equality may be an element of national policy aimed at equality of opportunity and treatment in employment, it cannot by itself constitute a policy within the meaning of Article 2. Specific action must be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (Special Survey on Equality in Employment and Occupation, 1996, paragraphs 278–279). In this regard, the Committee notes the Government’s statement that it is taking a number of measures to ensure that vulnerable groups, including those living in rural areas, have access to improved standards of living and income-generating activities. The Committee requests the Government to provide information on any specific action taken to promote equality of opportunity and treatment and non-discrimination on the grounds of race, colour, political opinion, religion, national extraction and social origin (Article 1(1)(a) of the Convention) and on any other grounds of discrimination prohibited by national legislation, whether through positive measures or otherwise, in collaboration with employers’ and workers’ organizations. The Committee further requests the Government to provide more detailed information on the manner in which it promotes employment opportunities for vulnerable groups of society, in particular in rural areas.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that more than 300,000 women secured loans from the Women Development Fund and 67,000 from the recently established Economic Empowerment Council. It further notes that the Tanzanian Women’s Bank promotes economic activities undertaken by women. The Committee notes however from the Decent Work Country Profile for Tanzania (2010) that women’s participation in wage employment remains low at 29.5 per cent in 2006 and women are under-represented in the highest occupational categories such as legislators, administrators and managers (16.5 per cent in 2006), professionals (35 per cent in 2006) and technicians and associate professionals (39.1 per cent in 2006). In addition, women are concentrated in sectors and jobs that tend to be less remunerated and have less careers prospects. The Committee requests the Government to provide information on the measures taken or envisaged to combat the significant occupational gender segregation on the labour market and provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels, through, for example, education and vocational training. In this respect, please also provide information on the activities of the newly established Training Fund for Women.

Article 3(a). Cooperation with the social partners. The Committee requests the Government to indicate whether the Labour, Economic and Social Council (LESCO) has addressed equality of opportunity and treatment and the elimination of discrimination at the workplace, and, if so, to provide information on the outcome of such discussions.

Article 3(d). Employment under the direct control of a national authority. Public sector. The Committee reiterates its request for the following:

• (i) information on the measures taken or envisaged to promote the access of women to high-level posts as well as to posts with career prospects in the public service and on the progress made in this regard;
• (ii) statistical data, disaggregated by sex, on the number of men and women employed in the public service.

The Committee also requests the Government to indicate whether, and how, the Public Service Commission addresses the issues of discrimination and equality in public employment, when discharging its functions.

Zanzibar

With respect to the implementation of the anti-discrimination and equality provisions of Employment Act No. 11 of 2005, the Government indicates that the promotion of equality and the elimination of discrimination are done through labour inspections at the workplace and advice by labour officers. It further indicates that no cases or complaints were reported regarding discrimination in employment or occupation. While noting this information, the Committee recalls however that, under section 10(2)(a) of the Employment Act of 2005, every employer shall take positive steps to promote equal opportunity in the workplace and eliminate discrimination in employment policy or practice. The Committee once again requests the Government to indicate the measures taken by employers to promote equality and eliminate discrimination with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers. It further requests the Government to continue to provide information on the measures taken to raise awareness of the anti-discrimination provisions of the Employment Act and the legal remedies available, among workers and employers.

The Committee notes from the Government’s report that the Employment Policy of 2009 for Zanzibar, which is only available in Swahili, makes provisions for the promotion of employment of women and disabled persons. The Committee requests the Government to provide information on the specific action and measures taken or envisaged within the framework of the Employment Policy to provide women and disabled persons with employment opportunities. Please also provide any statistical information available on the distribution of men and women in both the public and private sectors, by branch of economic activity.