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

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

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.