Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85) - United Republic of Tanzania.Zanzibar (Ratification: 1964)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. 

In this respect, the Committee takes due note of the Government’s indication in its report, in reply to the Committee’s previous request concerning follow-up to the Governing Body’s decision and the potential abrogation of Convention No. 85, that it will seek technical assistance with respect to the application of the Labour Inspection Convention, 1947 (No. 81) to Zanzibar. The Committee observes in this respect that in order for Convention No. 81 to be applied to Zanzibar, the United Republic of Tanzania would first have to ratify the Convention, and then extend its application to Zanzibar through a declaration to the ILO Director General, in accordance with article 35 of the ILO Constitution. It notes in this respect that Tanganyika is already bound by Convention No. 81, having ratified in 1962. The Committee encourages the Government to continue its efforts to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 81, as the most up-to-date instrument in this subject area, and extending its application to Zanzibar. Noting the Government’s request for technical assistance from the Office, the Committee firmly hopes that this assistance will be provided in the near future.

Article 2 of the Convention. Training of labour inspectors. The Committee welcomes the Government’s indication, in reply to the Committee’s previous request, that in March 2022, 17 labour officers and inspectors were trained, with ILO assistance, on strategic compliance planning and modern inspection techniques. The Committee also notes that one labour officer received in-depth occupational safety and health training, and that further courses are planned for the future, on the following topics: safe chemical handling; industrial occupational safety; occupational safety investigations; and risk assessment training. The Committee requests the Government to continue to pursue its efforts to ensure that labour inspectors are suitably trained, and to continue to provide information on the training provided, including the subjects covered, the frequency of training sessions, and the number of inspectors participating.

Article 4. Inspections at frequent intervals. Following its previous comment, the Committee welcomes the Government’s indication that for 2021-2022, 377 labour inspection visits were conducted (compared with 222 visits in 2018-2019 and 220 visits in 2014-2015). It also notes that for 2021-2022, 120 inspections were conducted by the Occupational Safety and Health Department (compared with 240 visits in 2018-2019 and 180 visits in 2014-2015). The Committee further notes that Zanzibar is working with the ILO on strategic compliance planning, focused on ensuring better targeted and higher quality inspections in the construction and security sectors. The Committee encourages the Government to pursue its efforts towards strategic compliance planning, and requests information on its implementation and impact. Further, noting the increase in the number of labour inspections, but also the decrease in the number of inspections conducted by the Occupational Safety and Health Department, the Committee requests the Government to provide further information on the reasons for this decrease. Lastly, the Committee requests the Government to continue to provide information on the number of labour inspection visits and occupational safety and health inspections, as well as on the outcomes of these inspections.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments. The Committee encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 81, as the most up-to-date instrument in this subject area, and extending its application to Zanzibar. The Committee reminds the Government of the possibility to avail itself of the technical assistance of the Office in this regard.

Article 2 of the Convention. Training of labour inspectors. Following its previous comment, the Committee notes the Government’s indication in its report that labour inspectors did not receive training concerning the specific sectors previously identified by the Government, but that all labour officers, including labour inspectors, received general training on labour inspection. The Committee notes the Government’s request for technical assistance in this respect, and firmly hopes that this technical assistance from the Office will be provided in the near future. It requests the Government to continue to provide information on the measures taken to provide adequate training to labour inspectors, including with ILO technical assistance, so as to enable labour inspectors to perform their duties. The Committee requests in this respect information on the subject matters covered by any training undertaken, as well as the frequency and attendance of such training.

Articles 3 and 4. Communication with workers and their representatives. Powers of labour inspectors. Following its previous comment, the Committee notes the Government’s indication that, in 2018–19, 222 labour inspection visits were conducted. The Government also indicates that in this period, follow-up was undertaken for 84 complaints from workers, out of which 82 were resolved and 2 resulted in compliance orders and were subsequently referred to the court. The Committee further notes that the number of inspections conducted by the Occupational Safety and Health (OSH) Department increased from 180 in 2014–15 to 240 in 2018–19. The Government indicates that, during these inspection visits, officers from the OSH Department provided education and advice on safety issues, leading to a reduction of occupational accidents and better coordination between the OSH Department and the employers. The Committee requests the Government to continue to provide information on the conduct and number of labour inspection visits and occupational safety and health inspections, indicating the number undertaken proactively as well as the number undertaken in response to a complaint. It also requests the Government to continue to provide information on the outcome of the inspections, including the specific outcomes of disputes that are resolved at the Labour Commission and of the cases referred to court.

[The Government is asked to reply in full to the present comments in 2022.]

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Training of labour inspectors. The Committee notes that the Government indicates in its report that it has been receiving technical assistance from the ILO since 2011 to assist with training to enhance the capabilities of labour inspectors. This training ensued from the 2009–10 ILO needs assessment of the labour administration and labour inspection system, which identified the lack of training of labour inspectors as one of the most evident weaknesses in the Labour Commission of Zanzibar. The Committee also notes the Government’s indication that further technical support on specialized trainings in the areas of domestic workers, the informal sector, migrant workers, oil and gas industries, tourism and food security is desirable. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including with respect to the sectors identified.

Article 3. Communication with workers and their representatives. The Committee notes the Government’s reply to its request regarding the number of complaints received from workers or their representatives, indicating that during the fiscal year 2014–15, 220 labour inspection visits were made following 58 complaints from workers. The Committee also notes that the Government reports that 45 complaints out of 58 were resolved during this period, while 13 were referred to the Dispute Handling Unit (DHU) for mediation and arbitration and three more were referred to the Industrial Court because they remained unresolved by the DHU. The Committee requests the Government to continue to provide information on the number of labour inspection visits, workers’ complaints, and the processing and resolution of those complaints, including any remedial measures undertaken as part of resolution.

Articles 4 and 5. Powers and obligations of labour inspectors. The Committee notes that the Government indicates, in response to its previous request, that 180 occupational safety and health inspections were conducted in 2014–15 and that the Office of Labour and Public Service received nine complaints in that period, which were investigated. The Government also notes that the actions taken in response to these complaints include the provision of education on occupational safety and health issues at the workplace. The Committee requests the Government to continue to provide information on the conduct and results of occupational safety and health inspections.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. Training of labour inspectors. The Committee notes that the Government indicates in its report that it has been receiving technical assistance from the ILO since 2011 to assist with training to enhance the capabilities of labour inspectors. This training ensued from the 2009–10 ILO needs assessment of the labour administration and labour inspection system, which identified the lack of training of labour inspectors as one of the most evident weaknesses in the Labour Commission of Zanzibar. The Committee also notes the Government’s indication that further technical support on specialized trainings in the areas of domestic workers, the informal sector, migrant workers, oil and gas industries, tourism and food security is desirable. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including with respect to the sectors identified.

Article 3. Communication with workers and their representatives. The Committee notes the Government’s reply to its request regarding the number of complaints received from workers or their representatives, indicating that during the fiscal year 2014–15, 220 labour inspection visits were made following 58 complaints from workers. The Committee also notes that the Government reports that 45 complaints out of 58 were resolved during this period, while 13 were referred to the Dispute Handling Unit (DHU) for mediation and arbitration and three more were referred to the Industrial Court because they remained unresolved by the DHU. The Committee requests the Government to continue to provide information on the number of labour inspection visits, workers’ complaints, and the processing and resolution of those complaints, including any remedial measures undertaken as part of resolution.

Articles 4 and 5. Powers and obligations of labour inspectors. The Committee notes that the Government indicates, in response to its previous request, that 180 occupational safety and health inspections were conducted in 2014–15 and that the Office of Labour and Public Service received nine complaints in that period, which were investigated. The Government also notes that the actions taken in response to these complaints include the provision of education on occupational safety and health issues at the workplace. The Committee requests the Government to continue to provide information on the conduct and results of occupational safety and health inspections.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 2 of the Convention. Training of labour inspectors. The Committee notes the Government’s report according to which labour officers are trained on various issues of importance for the effective and efficient performance of their duties and powers. The Committee also notes that a needs assessment of the labour administration and labour inspection system of the United Republic of Tanzania, including Zanzibar, was carried out by the ILO in 2009 and discussed with the Government in 2010. According to the needs assessment, the lack of training for inspectors is one of the most evident weaknesses in the Labour Commission of Zanzibar and was identified by the Commissioner as an area requiring technical assistance for capacity building. The Committee requests the Government to keep the ILO informed of any steps taken or envisaged in order to provide adequate training to labour inspectors and reminds the Government that it may avail itself of ILO technical assistance in this regard, if it so wishes.

Article 3. Communication with workers and their representatives. The Committee notes that the Government indicates that workers and their representatives are involved in the process of labour inspection and are free to communicate with labour officers on issues of non-compliance with labour laws. The Committee requests the Government to provide information on the number of complaints received from workers or their representatives and on the manner in which workers and their representatives become involved in the process of labour inspection.

Articles 4 and 5. Powers and obligations of labour inspectors. The Committee notes with interest the provisions of the Occupational Safety and Health Act No. 8 of 2005, provided by the Government, which meet the requirements of Articles 4 and 5. The Committee would be grateful if the Government would provide in its next report detailed information and data on the manner in which the powers and obligations of labour inspectors under the Convention are exercised in practice (e.g. statistics of inspection visits, complaints investigated, action taken, etc.).