Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 29) sur le travail forcé, 1930 - République-Unie de Tanzanie (Ratification: 1962)

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

1. The Committee has requested the Government to supply information on the rights and obligations of detainees with respect to the performance of work or service, including copies of any regulations made under section 4(2)(a) of the Preventive Detention Act, 1962, as amended by Act No. 2 of 1985, for either the whole or part of the United Republic of Tanzania.

The Committee notes the Government's indication in its report that detainees are treated as untried or remand prisoners who, while in detention, are not supposed to do any kind of manual or forced labour. The Committee further notes the Government's indication that Regulation No. 203 of 1963 which relates to communication with detainees is the only regulation adopted under section 4(2) of the Act.

Recalling that under section 4(2)(a) of the Act the Minister may make regulations applying to persons detained, any of the provisions of the Prisons Ordinance or of any rules made thereunder relating to convicted criminal prisoners and disapplying in relation to such persons any of such provisions relating to civil prisoners, the Committee hopes that the Government will in its future reports provide copies of any regulations adopted in relation to the performance of work by detainees.

2. Referring to its previous comments concerning resignation from service by members of the armed forces and civil servants, the Committee notes the Government's indication in its report that the provisions governing this matter are being collected. The Committee hopes that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report.

In this connection the Committee has noted the provisions of the Civil Service Code of Zanzibar of May 1988. The Committee notes that under section 96 of the Code a civil servant may resign by giving three months' notice.

The Committee has also noted Staff Circular No. 7 of 1976 relating to agreements for candidates attending courses of instruction, communicated by the Government with its report.

3. The Committee has noted with interest that the Law Reform Commission of Tanzania has established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee would appreciate it if the Government would supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanganyika

4. On the matter of point 1 of its observation on the Convention, the Committee had previously noted that under paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, the performance of unpaid communal labour or the payment of compensation in lieu thereof may be required for a wide range of purposes "not barred by the Convention respecting the use of forced labour". Referring to paragraphs 36 and 37 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to ensure that such a requirement is limited to emergency work required by circumstances endangering the existence or well-being of the population, or to minor communal services - i.e. primarily maintenance work - performed in the direct interest of the local community and not intended to benefit a wider group. Noting the Government's earlier indication that in practice the local government legislation was used only for communal works for the benefit of the community, resulting from decisions of the community, the Committee had requested the Government also to supply copies of relevant by-laws made under section 148 of the Act.

In its report for the period ending 15 October 1988, the Government indicated that departments administering the Local Government Act, 1982, had been consulted with a view to obtaining the required particulars.

(a) The Committee notes the Government's indication in its latest report that there are so many by-laws made under section 148 of the Act that it would be impracticable to send them. The Government adds that section 148 summarises section 118 which provides for general functions of by-laws which may be made under section 148; reference should rather be made to section 111 and the Schedule of the Act.

The Committee takes due note of these indications. The Committee recalls that by-laws which impose compulsory cultivation on resident landholders have indeed been made by district councils and approved by the national Government. The Committee also notes that if section 111 of the Act relates to the general functions of local government authorities, section 118 provides for general functions of district councils in addition to the functions and duties specified in section 111; as for section 148 it provides that by-laws may be adopted by district councils for carrying into effect and for the purpose of any of the functions conferred by or under the Act or any other written law.

In order to ascertain the conformity with the Convention of by-laws made under section 148 by district councils, the Committee again requests the Government to provide copies of such by-laws.

(b) The Committee previously expressed the hope that paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982 would be amended so as to remain within the limits of Article 2, paragraph 2(d) and (e), of the Convention.

Noting the Government's indication in its report that relevant departments administering the Act are still being consulted, the Committee expresses the hope that the Government will indicate the action taken.

(c) The Committee further had asked the Government to supply information on the mobilisation and utilisation of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilised for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee notes the Government's indication in its report that the government authority in the area is responsible for such mobilisation and utilisation, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilisation may take place and labour may be organised.

While noting these indications of a general nature, the Committee requests the Government to provide the specific information requested in relation to the specified constructions mentioned above.

5. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes the Government's indication that persons unable to pay development levies are not obliged to engage in public works on terms on which no voluntary labour is available.

The Committee stresses, however, that a person lacking means to pay the imposed levies may have no alternative to imprisonment than engage in public work. The Committee consequently again requests the Government to indicate measures taken or contemplated to ensure that jobless persons, unable to pay, are not obliged to engage in public works through the imposition of a cash levy.

Zanzibar

6. Referring to its previous request, the Committee notes the Government's indication in its report that Decree No. 5 of 1979 and Jeshi la Kujenga Uchumi Decree are one and the same. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree, which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand. The Committee requested the Government to supply information on the practical application of these provisions.

The Committee notes the Government's indication in its report that the Decree and the JKU serve a double purpose: besides establishing a scheme under which youth is trained in professional skills, it serves as national service. This double function gives rise to confusion and the Government considers it necessary to separate the two or at least to have a clear policy and system of vocational training. In this connection, the Vocational Training Act No. 17 of 1986 has been adopted.

While noting these indications, the Committee would again request the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity and different regions within the country.

The Committee would also appreciate the Government's sending of a copy of the Vocational Training Act No. 17 of 1986.