Migration for Employment Convention (Revised), 1949 (No. 97) - United Republic of Tanzania.Zanzibar (Ratification: 1964)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Statistical data on migration. Further to its previous comment requesting such information, the Committee takes note of the statistical data included in the Government’s report indicating that, during the period covered, 1,420 foreign nationals were working in Zanzibar and 1,528 nationals of Zanzibar were working in foreign countries.

Article 1 of the Convention. National policies and legislation on migration. The Committee notes that in response to its previous request for information on the migration policy that was then under elaboration, the Government indicates that it has not yet been developed. Recalling the critical importance of good governance to address international labour migration, the Committee requests the Government to provide information on the progress made in developing a migration policy and on any legislative developments relating to immigration and emigration.

Article 2. Free services to assist migrant workers. Further to its previous request for information on the free services provided to migrant workers, the Committee takes note of the Government’s indication that an Information Centre has been established at the Ministry of Labour where migrant workers are provided with the necessary information on the labour market and travelling requirements. The Committee further notes that a Bill for an Act to regulate the delivery of Legal Aid Services is under discussion before the House of Representatives. The Committee requests the Government to: (i) provide detailed information on the activities of the Information Centre established at the Ministry of Labour; (ii) specify whether migrant workers have access to free legal aid services; and (iii) indicate whether migrant workers have access to other types of free services.

Article 3. Misleading propaganda. Regulation of employment agencies. In its previous comment, the Committee requested the Government to provide information on the supervision of private employment agencies (PEAs) operating in Zanzibar. The Committee takes note of the Government’s indication that the Private Employment Agents Regulations 2012 (PEA Regulations) adopted under the Employment Act, No. 11 of 2005 entered into force. The Committee further notes that: (1) private employment agencies (PEAs) are subject to a licencing system (sections 29–30 of the Employment Act; section 5 of the PEA Regulations); (2) PEAs shall provide information on labour rights and obligations to jobseekers (section 17(c) of the PEA Regulations); (3) they shall not request, charge or receive, directly or indirectly a fee from jobseekers (section 18 of the PEA Regulations); and (4) private employment agents who contravene to the regulations are liable to a fine and to imprisonment (section 27 of the PEA Regulations). In addition, the Committee notes that: (1) the contracts of employment of nationals performing work abroad and those of foreigners performing work in Zanzibar shall be made in writing and shall specify the future working conditions (Sections 56 and 57 of the Employment Act); (2) the employment contracts of nationals for work to be performed abroad shall be attested by a labour officer prior to departure (section 56(7) of the Employment Act); and (3) the employment contracts of foreigners shall be submitted to the labour officer for attestation while the worker is still outside of Zanzibar (section 57(2) of the Employment Act). The Committee takes note of all this information.

Article 6(1)(a)–(d). Equality of treatment. Enforcement. In its last comment, the Committee had noted the Government’s indication that no complaints concerning labour disputes had been filed by foreign workers and requested information on the steps taken to inform migrant workers on the remedies available to them (even after the termination of their employment). The Committee takes note of the Government’s indications that: (1) foreign workers are treated equally with nationals on all matters covered by Article 6(1)(a)–(d); (2) they have equal access to courts and dispute resolution mechanisms; and (3) in 2016, three cases related to the termination of employment were filed at the Dispute Handling Unit by foreign workers. While taking note of these indications, the Committee requests the Government to specify the number of complaints filed by migrant workers regarding labour disputes as well as the nature of these disputes; and to provide information on the number of inspections conducted to verify the working conditions of migrant workers and their outcomes.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Information on legislation and migration flows. The Committee notes from the Government’s report that 345 migrant workers are employed in the country and 249 nationals have been recruited abroad through the four registered private employment agencies operating in Zanzibar. It further notes that a migration policy is in the process of being developed. The Committee asks the Government to continue to provide information on the progress made in developing a migration policy and on any legislative developments with respect to immigration and emigration, as well as statistical information, disaggregated by sex and nationality, on the number of migrants working in Zanzibar and of nationals emigrating for employment.

Article 2 of the Convention. The Committee asks the Government to provide information on any free services provided to assist migrant workers, in particular to provide them with accurate information.

Article 3. Misleading propaganda. Private employment agencies. The Committee asks the Government to provide information on the supervision of the private employment agencies operating in the country with a view to protecting migrant workers leaving Zanzibar or those entering Zanzibar against abuses and misleading information, including sanctions applied in case of violations. Please also provide information on any steps taken to cooperate with other member States concerned in this respect.

Article 6(1)(a) to (d). Equality of treatment. The Committee notes the Government’s statement that the application in practice of the Employment Act (Act No. 11 of 2005) to foreign workers is ensured through labour inspections and the Zanzibar Social Security Fund provides services to all workers, including migrant workers. The Government further indicates that migrant workers have access to justice and dispute resolution mechanisms on an equal footing with nationals in case of any dispute arising in the course of their employment, even if to date there has not been any complaint filed by foreigners. In light of the above, the Committee asks the Government to confirm that equal access of foreigners to the courts and the dispute resolution mechanisms also applies in case of termination of their employment. Furthermore, recalling that the absence of complaints does not mean that there is no discrimination in practice, the Committee asks the Government to provide information on any measures taken to inform migrant workers of their right to non-discrimination and the available dispute resolution mechanisms, and to continue to provide information on any complaints submitted by migrant workers to administrative bodies or the courts regarding unequal treatment with respect to the matters enumerated in Article 6(1)(a) to (d) of the Convention. The Committee asks the Government to provide information on the results of labour inspections with respect to equal treatment between national and foreign workers.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s confirmation that there are no foreign workers who have been admitted on a permanent basis in Zanzibar.

Article 9. Transfer of earnings. The Committee notes the Government’s statement that there is no restriction for foreign workers to transfer their earnings to their country of origin.

Scope of application. The Committee notes from the Government’s report that the consultations with a view to ensuring that the Convention applies to the whole territory of the United Republic of Tanzania have not yet taken place. Noting the Government’s indication that the matter will be dealt with in the near future and will include discussions on other Conventions, the Committee asks the Government to provide information on any developments in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Information on legislation and migration flows. The Committee notes that Immigration Act No. 7 of 1995 and the Tanzania Citizenship Act apply to both Tanzania Mainland and Tanzania Zanzibar, and that the Immigration Control Decree of Zanzibar No. 2 of 1972 was repealed by Act No. 7 of 1995. The Committee notes the information in the Government’s report that according to the latest statistics for July there are 130 foreigners working in Zanzibar. The Government indicates that statistics regarding Zanzibar nationals working abroad are difficult to obtain. The Committee notes that the Employment Act No. 11 of 2005 defines “foreign employee” as an employee who is not a citizen of the United Republic of Tanzania. The Committee asks the Government to continue to provide information on legislative and policy developments with respect to immigration to and emigration from Zanzibar, as well as statistical information, disaggregated by sex and nationality, on migration flows.

Article 6(1)(a) to (d) of the Convention. Equality of treatment. The Committee notes that section 10 of the Employment Act provides comprehensive protection against discrimination in any employment policy or practice on any ground including race, gender, colour, religion, social origin or status, age, place of origin, national extraction, political opinion, marital status, pregnancy, disability and (real or perceived) HIV/AIDS status. The Committee also notes the Government’s commitment to ensuring that all migrant workers, men and women, are being treated equally. The Committee requests the Government to provide information on the measures taken to ensure that section 10 of the Employment Act is effectively applied in practice to foreign workers in Zanzibar with respect to the matters raised in Article 6(1)(a) to (d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or the courts regarding non-application of section 10(1) of the Employment Act. Please also indicate whether migrant workers lawfully in the country whose contracts may have been terminated can have access to the courts on an equal basis with nationals.

Section 8. Maintenance of the right of residence for permanent workers in case of incapacity for work. The Committee notes section 18(1) and (2) of the Immigration Act 1995 regarding the issuing and renewal of residency permits for a period not exceeding a total of five years, as well as the provisions in the Employment Act regarding the issuing of work permits and their renewal. The Committee also notes the Government’s statement that in practice work permits are issued for one year subject to renewal without taking into account whether the contract is on a permanent or fixed basis. The Government also states that incapacity to work is not a reason to deny a person the right to residence and the person may be allowed to reside in the country provided that her or his work permit is valid and the contract of employment has not been terminated by the employer. The Committee recalls that Article 8 of the Convention is binding on the State and not dependent on whether the employer has terminated the contract or not. The Committee asks the Government to confirm that in practice there are no foreign workers who have been admitted on a permanent basis in Zanzibar.

Article 9. Transfer of earnings. The Committee notes the Government’s statement that there is no specific law providing for limits on the transfer of earnings or savings for migrants for employment, provided that they abide by the provisions of laws regarding financial matters, such as the Foreign Exchange Act. Please indicate the relevant provisions of the legislation governing financial matters, and provide copies of the Foreign Exchange Act.

Private employment agencies. The Committee notes the provisions in the Employment Act regarding private employment agents, including the issuing and cancellation of a licence (sections 29–34). It also notes the Government’s statement that presently there are no agencies legally recognized for the purpose of private recruitment activities, but that measures will be taken to ensure that this is being dealt with in the context of ILO technical assistance. The Committee asks the Government to continue to provide information on any developments to regulate activities of private employment agencies with a view to protecting migrant workers leaving Zanzibar or those entering Zanzibar against abuses and misleading information.

Scope of application. The Committee notes that the Government intends to hold consultations with a view to ensuring that the Convention applies to the whole territory of the United Republic of Tanzania, and will communicate any progress made in this regard.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Tanzania Immigration and Nationality Ordinance, No. 7 of 1995, adopted on 13 July 1995 by the Parliament of the United Republic of Tanzania, which repeals the Immigration Act 1972 and the Immigration Control Decree of Zanzibar. The Committee requests the Government to confirm that this text is applied on the territory of Zanzibar and to indicate whether the Migration Act, No. 2 of 1972, may also be considered as being repealed by the above Ordinance. If not, it requests the Government to provide a copy of the above text.

In its 1999 General Survey on migrant workers, the Committee noted that the situation respecting international migration for employment has changed greatly since the adoption of the Convention, both with regard to the volume, direction and nature of migration (see paragraphs 5–17 of the General Survey). The Committee therefore requests the Government to provide copies of any new legislative text or regulations which have been adopted in this field and to provide information on emigration and immigration policy, as well as information in reply to the questions contained in the report form on the Convention. Furthermore, the Committee would be grateful if the Government would describe the impact of current trends in migration flows on the content and application of its national policy and legislation in field of emigration and immigration. It requests the Government to provide statistics on the number of nationals of Zanzibar working abroad, and on the number and origin of foreign workers working in Zanzibar. It also wishes to know whether the latter may include nationals of the United Republic of Tanzania who were not born in Zanzibar.

The Committee requests the Government to provide more detailed information on the application in practice of its policy of equality of treatment between nationals and migrant workers in the fields enumerated in points (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that, by virtue of the first paragraph of this Article, each Member for which the Convention is in force undertakes to apply to immigrants, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters set out in points (a) to (d) of the Article, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that women migrant workers are treated on an equal footing with their male colleagues, whether or not they are foreign, with regard to working and living conditions, social security, employment taxes and legal proceedings, particularly in view of the growing feminization of migration for employment (see paragraphs 20–33 and 658 of the above General Survey).

Article 8 of the Convention. In view of the fact that this provision is one of those most frequently referred to by Governments by reason of the difficulties that it raises for its application, the Committee requests the Government to provide information on the effect given in practice to the maintenance of the right of residence in cases where migrants for employment have been admitted on a permanent basis and suffer incapacity to work.

Article 9. The Committee notes that the Government has not been in a position to indicate the limits set by the national legislation upon the transfer of the earnings and savings of migrants for employment. It hopes that the Government will make every effort to provide the above information and copies of the relevant texts with its next report.

In view of the increasingly important role of private employment agencies in the process of international migration, the Committee requests the Government to indicate the measures which have been taken or are envisaged to regulate the activities of these agencies so as to protect migrant workers against abuses and misleading information. Please also indicate the penalties envisaged in cases, among others, of contraventions and misleading propaganda.

Finally, the Committee would be grateful to be kept informed of any proposal for the extension of the scope of application of Convention No. 97 throughout the territory of the United Republic of Tanzania, taking into account the scope of Ordinance No. 7 of 1995.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Tanzania Immigration and Nationality Ordinance, No. 7 of 1995, adopted on 13 July 1995 by the Parliament of the United Republic of Tanzania, which repeals the Immigration Act 1972 and the Immigration Control Decree of Zanzibar. The Committee requests the Government to confirm that this text is applied on the territory of Zanzibar and to indicate whether the Migration Act, No. 2 of 1972, may also be considered as being repealed by the above Ordinance. If not, it requests the Government to provide a copy of the above text.

2. In its 1999 General Survey on migrant workers, the Committee noted that the situation respecting international migration for employment has changed greatly since the adoption of the Convention, both with regard to the volume, direction and nature of migration (see paragraphs 5–17 of the General Survey). The Committee therefore requests the Government to provide copies of any new legislative text or regulations which have been adopted in this field and to provide information on emigration and immigration policy, as well as information in reply to the questions contained in the report form on the Convention. Furthermore, the Committee would be grateful if the Government would describe the impact of current trends in migration flows on the content and application of its national policy and legislation in field of emigration and immigration. It requests the Government to provide statistics on the number of nationals of Zanzibar working abroad, and on the number and origin of foreign workers working in Zanzibar. It also wishes to know whether the latter may include nationals of the United Republic of Tanzania who were not born in Zanzibar.

3. The Committee requests the Government to provide more detailed information on the application in practice of its policy of equality of treatment between nationals and migrant workers in the fields enumerated in points (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that, by virtue of the first paragraph of this Article, each Member for which the Convention is in force undertakes to apply to immigrants, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters set out in points (a) to (d) of the Article, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that women migrant workers are treated on an equal footing with their male colleagues, whether or not they are foreign, with regard to working and living conditions, social security, employment taxes and legal proceedings, particularly in view of the growing feminization of migration for employment (see paragraphs 20–33 and 658 of the above General Survey).

4. Article 8. In view of the fact that this provision is one of those most frequently referred to by Governments by reason of the difficulties that it raises for its application, the Committee requests the Government to provide information on the effect given in practice to the maintenance of the right of residence in cases where migrants for employment have been admitted on a permanent basis and suffer incapacity to work.

5. Article 9. The Committee notes that the Government has not been in a position to indicate the limits set by the national legislation upon the transfer of the earnings and savings of migrants for employment. It hopes that the Government will make every effort to provide the above information and copies of the relevant texts with its next report.

6. In view of the increasingly important role of private employment agencies in the process of international migration, the Committee requests the Government to indicate the measures which have been taken or are envisaged to regulate the activities of these agencies so as to protect migrant workers against abuses and misleading information. Please also indicate the penalties envisaged in cases, among others, of contraventions and misleading propaganda.

7. Finally, the Committee would be grateful to be kept informed of any proposal for the extension of the scope of application of Convention No. 97 throughout the territory of the United Republic of Tanzania, taking into account the scope of Ordinance No. 7 of 1995.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Tanzania Immigration and Nationality Ordinance, No. 7 of 1995, adopted on 13 July 1995 by the Parliament of the United Republic of Tanzania, which repeals the Immigration Act 1972 and the Immigration Control Decree of Zanzibar. The Committee requests the Government to confirm that this text is applied on the territory of Zanzibar and to indicate whether the Migration Act, No. 2 of 1972, may also be considered as being repealed by the above Ordinance. If not, it requests the Government to provide a copy of the above text.

2. In its 1999 General Survey on migrant workers, the Committee noted that the situation respecting international migration for employment has changed greatly since the adoption of the Convention, both with regard to the volume, direction and nature of migration (see paragraphs 5–17 of the General Survey). The Committee therefore requests the Government to provide copies of any new legislative text or regulations which have been adopted in this field and to provide information on emigration and immigration policy, as well as information in reply to the questions contained in the report form on the Convention. Furthermore, the Committee would be grateful if the Government would describe the impact of current trends in migration flows on the content and application of its national policy and legislation in field of emigration and immigration. It requests the Government to provide statistics on the number of nationals of Zanzibar working abroad, and on the number and origin of foreign workers working in Zanzibar. It also wishes to know whether the latter may include nationals of the United Republic of Tanzania who were not born in Zanzibar.

3. The Committee requests the Government to provide more detailed information on the application in practice of its policy of equality of treatment between nationals and migrant workers in the fields enumerated in points (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that, by virtue of the first paragraph of this Article, each Member for which the Convention is in force undertakes to apply to immigrants, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters set out in points (a) to (d) of the Article, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that women migrant workers are treated on an equal footing with their male colleagues, whether or not they are foreign, with regard to working and living conditions, social security, employment taxes and legal proceedings, particularly in view of the growing feminization of migration for employment (see paragraphs 20–33 and 658 of the above General Survey).

4. Article 8. In view of the fact that this provision is one of those most frequently referred to by Governments by reason of the difficulties that it raises for its application, the Committee requests the Government to provide information on the effect given in practice to the maintenance of the right of residence in cases where migrants for employment have been admitted on a permanent basis and suffer incapacity to work.

5. Article 9. The Committee notes that the Government has not been in a position to indicate the limits set by the national legislation upon the transfer of the earnings and savings of migrants for employment. It hopes that the Government will make every effort to provide the above information and copies of the relevant texts with its next report.

6. In view of the increasingly important role of private employment agencies in the process of international migration, the Committee requests the Government to indicate the measures which have been taken or are envisaged to regulate the activities of these agencies so as to protect migrant workers against abuses and misleading information. Please also indicate the penalties envisaged in cases, among others, of contraventions and misleading propaganda.

7. Finally, the Committee would be grateful to be kept informed of any proposal for the extension of the scope of application of Convention No. 97 throughout the territory of the United Republic of Tanzania, taking into account the scope of Ordinance No. 7 of 1995.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the information provided by the Government in its report.

2. The Committee notes the Tanzania Immigration and Nationality Ordinance, No. 7 of 1995, adopted on 13 July 1995 by the Parliament of the United Republic of Tanzania, which repeals the Immigration Act 1972 and the Immigration Control Decree of Zanzibar. The Committee requests the Government to confirm that this text is applied on the territory of Zanzibar and to indicate whether the Migration Act, No. 2 of 1972, may also be considered as being repealed by the above Ordinance. If not, it requests the Government to provide a copy of the above text.

3. In its 1999 General Survey on migrant workers, the Committee noted that the situation respecting international migration for employment has changed greatly since the adoption of the Convention, both with regard to the volume, direction and nature of migration (see paragraphs 5-17 of the General Survey). The Committee therefore requests the Government to provide copies of any new legislative text or regulations which have been adopted in this field and to provide information on emigration and immigration policy, as well as information in reply to the questions contained in the report form on the Convention. Furthermore, the Committee would be grateful if the Government would describe the impact of current trends in migration flows on the content and application of its national policy and legislation in field of emigration and immigration. It requests the Government to provide statistics on the number of nationals of Zanzibar working abroad, and on the number and origin of foreign workers working in Zanzibar. It also wishes to know whether the latter may include nationals of the United Republic of Tanzania who were not born in Zanzibar.

4. The Committee requests the Government to provide more detailed information on the application in practice of its policy of equality of treatment between nationals and migrant workers in the fields enumerated in points (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that, by virtue of the first paragraph of this Article, each Member for which the Convention is in force undertakes to apply to immigrants, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters set out in points (a) to (d) of the Article, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that women migrant workers are treated on an equal footing with their male colleagues, whether or not they are foreign, with regard to working and living conditions, social security, employment taxes and legal proceedings, particularly in view of the growing feminization of migration for employment (see paragraphs 20-33 and 658 of the above General Survey).

5. Article 8. In view of the fact that this provision is one of those most frequently referred to by Governments by reason of the difficulties that it raises for its application, the Committee requests the Government to provide information on the effect given in practice to the maintenance of the right of residence in cases where migrants for employment have been admitted on a permanent basis and suffer incapacity to work.

6. Article 9. The Committee notes that the Government has not been in a position to indicate the limits set by the national legislation upon the transfer of the earnings and savings of migrants for employment. It hopes that the Government will make every effort to provide the above information and copies of the relevant texts with its next report.

7. In view of the increasingly important role of private employment agencies in the process of international migration, the Committee requests the Government to indicate the measures which have been taken or are envisaged to regulate the activities of these agencies so as to protect migrant workers against abuses and misleading information. Please also indicate the penalties envisaged in cases, among others, of contraventions and misleading propaganda.

8. Finally, the Committee would be grateful to be kept informed of any proposal for the extension of the scope of application of Convention No. 97 throughout the territory of the United Republic of Tanzania, taking into account the scope of Ordinance No. 7 of 1995.