Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - République-Unie de Tanzanie (Ratification: 2001)

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that, according to the terms of section 139A(1)(b)(i) of the Penal Code, any person who, for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration arranges for or assists a child under 18 years of age to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian, commits the offence of trafficking. It had requested the Government to indicate in what way trafficking in children for labour exploitation with the consent of their parents or guardian is prohibited. Noting the absence of information in the government report, the Committee once again requests the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. Referring to the report of the United Nations Secretary-General on children and armed conflict of 10 November 2003 (UN document A/58/546-S/2003/1053, paragraph 47) that armed opposition groups are recruiting children from refugee camps in western Tanzania, the Committee had requested the Government to indicate the measures taken to prohibit the forced recruitment of children from refugee camps for use in armed conflict. The Committee notes that there is no information in the government report on this point. Therefore, the Committee once again asks the Government to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s indication that there are so far no issues in the country pertaining to the use, procuring or offering of a child for illicit activities such as the trafficking of drugs. However, measures have been taken to ensure that such practices do not exist by implementing programmes aimed at awareness raising and sensitization on the hazards associated with such activities. It also notes the Government’s indication that certain provisions of the Employment and Labour Relations Act, No. 6 of 2004 (sections 5(4) and 5(7)), and the Penal Code (sections 138, 139A(1)(b) and 139A(1)(b)(i)) address the above offence. However, the Committee notes that the above provisions do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. Section 5(4) of Act No. 6 of 2004 places a general prohibition on the employment of children in occupations inappropriate to the child’s age or that which places any risk to the child’s well-being, education, physical or mental health and section 5(7) makes it an offence to employ children in contravention of the section. Similarly, section 138 of the Penal Code deals with offences related to the sexual exploitation of children and sections 139A(1)(b) and 139A(1)(b)(i) of the Penal Code deals with trafficking of children. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour as a matter of urgency. The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties and to indicate the sanctions envisaged.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Mainland Tanzania. Following its previous comments, the Committee notes the Government’s information that efforts are being made by the Minister for issuing a regulation listing hazardous types of work pursuant to section 5(6) of the Employment and Labour Relations Act, 2004. The Committee hopes that the regulation on the list of hazardous types of work will be adopted shortly and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

2. Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. It once again requests the Government to provide information on progress made in this regard and to provide a copy of the law once it is adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Government established a National Inter-sectoral Coordination Committee (NISCC) for the purpose of monitoring and coordinating the intervention activities against child labour and its worst forms. It had also noted that the NISCC consists of four subcommittees namely: commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. According to the government report, the functions of the NISCC include: to oversee and coordinate the overall implementation of the Time-bound Programme (TBP); to consult, support and collaborate with the relevant national institutions towards strengthening policies and legal framework for the implementation of the TBP; to receive and decide upon activity reports of the subcommittees; to approve proposed activities and budgets submitted for an action programme on the worst forms of child labour; to undertake evaluation and monitoring field visits to the project sites; and to regularly consult with and provide information to high-level government authorities and other stakeholders on the situation of the worst forms of child labour in the country. The Committee also notes the information provided by the Government on the functions of the technical subcommittee and the three subcommittees which include: reviewing and assessing the situation of the worst forms of child labour in the respective sectors; programme interventions by sector; action programme proposals; recommendations to the partner agencies; holding meetings to review the progress of implementation; and presenting progress reports to the NISCC, etc. It further notes the Government’s information that these functions are currently under review in order to further strengthen and accommodate some socio-economic developments that took place during the last few years and to make them more active. According to the ILO/IPEC Progress Report, 2004 (page 4), on the Urambo Tobacco Sector Project–Phase I indicates that, within this project, village child labour committees were established in 36 villages in Tanzania, whose members were trained in identifying, preventing and withdrawing child labourers and reintegrating them into primary school.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that during Phase I of the ILO/IPEC project entitled “Supporting the Time-bound Programme on the Worst Forms of Child Labour (2002–05)”, the NISCC approved 15 action programmes on child labour. These programmes included capacity building of social partners and stakeholders, formal and non-formal education and skills training, microcredit/micro health schemes, direct interventions for identification, prevention, withdrawal and social rehabilitation, and advocacy and awareness raising through media. The Committee requests the Government to provide information on the impact of the programmes of action on child labour approved by the NISCC with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Noting that, due to devaluation, most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act, 2004, have become very low, the Committee once again asks the Government to provide information on the measures taken or envisaged to review these monetary penalties. It also requests the Government to provide information on the practical application of the penalties laid down in sections 138B, 139, 139A, 254 and 255 of the Penal Code.

Paragraph 2. Effective and time-bound measures. The Committee notes that with ILO/IPEC assistance, Tanzania is currently implementing the TBP on the Worst Forms of Child Labour which was launched in 2001 and has now entered its second phase. The Committee notes the Government’s information that, according to the survey on child labour carried out in 2003, in the 11 pilot districts of the TBP, there were 57,731 children involved in the worst forms of child labour, and 97,842 children at risk of entering into the worst forms of child labour. It notes with interest that, due to the interventions carried out between 2002–05 (TBP Phase I), 25 per cent of children involved in the worst forms of child labour were withdrawn, and 20 per cent of those who were at risk of being involved in the worst forms of child labour were prevented in the four sectors targeted by the TBP, namely, prostitution, the domestic service, the mining sector and commercial agriculture including the tea, coffee and tobacco sectors. Within the framework of the TBP, the following programmes were implemented: programmes for combating hazardous child labour in the commercial agriculture sector (Combating Hazardous Child Labour in Commercial Agriculture in Tanzania (2000–03)); in the domestic sector (Combating Child Labour in the Domestic Sector in East Africa (2003–05)); and in tobacco farming (Urambo Tobacco Sector Project entitled, Combating Hazardous Child Labour in Tobacco Farming in Urambo District-Phase I (2003–06) and Phase II (2007–10)).

Clause (a). Prevent the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the impact of the action programmes on preventing children under 18 years from engaging in the worst forms of child labour in the four sectors targeted by the TBP include: increased awareness of the public on the evils associated with child labour and its worst forms; identification, prevention and withdrawal of children from the worst forms of child labour and provisions for their social integration and rehabilitation such as enrolment in formal, non-formal education and vocational skills and training; integration of child labour issues into the existing government policies, development plans and programmes; capacity building of the local community in identifying child labour practices and developing appropriate measures to address the situation. According to the
ILO/IPEC Progress Report, 2006 (TBP Phase I, page 2), the Government introduced the Primary Education Development Programme (PEDP) from 2002 to 2006 and the Secondary Education Development Programme (SEDP) for the period from 2005 to 2009 which contributed to increased enrolments in primary schools and secondary schools. The Government also adopted a Complementary Basic Education (COBET) programme as a strategy to reach out-of-school children, including those in child labour. The Committee notes that the implementation of the PEDP has increased the school enrolment rates from 80.6 per cent in 2002 to 96.1 per cent in 2006, while the completion rate has increased from 57.8 per cent in 2002 to 68.7 per cent in 2006. Moreover, the Poverty Reduction Strategy Paper (PRSP) has also put in place a number of programmes and plans aimed at improving education and eliminating illiteracy by 2010. The Committee requests the Government to provide information on the number of out-of-school children reached so far and enrolled in schools under the COBET programme and on the results of the programmes to improve education under the PRSP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that “Combating Hazardous Child Labour in Commercial Agriculture in Tanzania” (COMAGRI project complemented by the TBP) focused mainly on child labour in tea, coffee and tobacco farming, covering three districts in addition to the 11 pilot districts of the TBP. The Committee notes with interest the Government’s statement that this project met its objectives, in particular with regard to the prevention of 3,000 children from falling into worst forms of child labour in the commercial agricultural sector and the withdrawal and rehabilitation of 1,500 children from the worst forms of child labour. The ILO/IPEC Progress Report, 2004 (pages 5, 11 and 12), on the Urambo Tobacco Sector Project – Phase I indicates that under this project 537 children (233 girls) were withdrawn and reintegrated into primary education, 62 children were provided with vocational training and 889 children benefited through educational services or training opportunities. According to the ILO/IPEC Report on Combating Child Labour in the Domestic Sector in East Africa, 2003–05 (page 3), two major action programmes were implemented in Tanzania which resulted in the prevention of 760 children (588 girls and 191 boys) to be engaged in domestic labour and the withdrawal of 548 children (357 girls and 172 boys) from domestic labour. Furthermore, within the project entitled “Combating Child Sexual Exploitation in four Anglophone Countries (2001–02)” in which Tanzania was a participating country, about 100 girls were reached through group counselling and 240 girls were withdrawn from prostitution and reintegrated into basic education and vocational training. The Committee requests the Government to continue providing information on the achievements of the TBP and other ongoing action programmes in the four sectors targeted by the TBP, and their impact with regard to removing children from the worst forms of child labour and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. HIV/AIDS. The Committee had previously noted that, according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people were believed to be affected in the United Republic of Tanzania. It also noted that, according to the Rapid Assessment document entitled “HIV/AIDS and child labour in the United Republic of Tanzania”, more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. Observing that HIV/AIDS had consequences for orphans, for whom there was an increased risk of being engaged in the worst forms of child labour, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children. The Committee notes the Government’s information that it has recognized the consequences of HIV/AIDS and considered it as a national disaster. It has therefore called for concerted and unprecedented initiatives at the national level through the National Policy on HIV/AIDS of 2001 and National Multi-Sectoral Strategic Framework on HIV/AIDS (2003–07). The Committee also notes the Government’s information that the Ministry of Labour, Employment and Youth Development in collaboration with local government councils and NGOs have developed HIV/AIDS sexual and reproductive health education programmes for out-of- school children and those children at risk. The Committee requests the Government to provide information on the impact of the National Policy on HIV/AIDS and the National Multi-Sectoral Strategic Framework on HIV/AIDS on protecting child victims and orphans of HIV/AIDS from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Noting the information provided by the Government in its report on the TBP, the Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents, including inspection reports, as well as information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.