Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

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

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring, or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted the Government’s statement that efforts would be made to bring about a prohibition on the use, procuring or offering of a child for illicit activities, in particular the production and trafficking of drugs.

The Committee notes with interest that according to section 5(1)(a) of the draft Law of the Child (Child Labour) Regulations drawn up pursuant to section 157 of the Law of the Child Act No.21 of 2009 (Law of the Child Act), no child below the age of 18 years shall be employed in the worst forms of child labour, which include illicit activities. The Committee notes, however, that the draft Child Labour Regulations do not appear to establish penalties for the offences covered under section 5(1)(a) of the draft Child Labour Regulations. The Committee therefore requests the Government to take the necessary measures to establish sufficiently effective and dissuasive penalties for the offences related to the use, procuring or offering of a child for illicit activities, including the production and trafficking of drugs. The Committee expresses the firm hope that the draft Child Labour Regulations will be adopted in the near future.

Articles 3(d) and 4(1). Prohibition and determination of hazardous work. The Committee previously noted the Government’s statement that the process of adopting a list of types of hazardous work prohibited to children under 18 years was under way.

The Committee notes the Government’s indication that the Ministry of Labour and Employment consulted with the stakeholders in July 2011 on the proposed regulation concerning the list of hazardous types of work. This proposed regulation will be submitted to the Labour, Economic and Social Council for comments and finally to the Attorney-General before it is finalized. The Committee also notes that according to section 82(1) of the Law of the Child Act, it is prohibited to employ or engage a child under 18 years in hazardous work which includes: going to sea; mining and quarrying; carrying heavy loads; manufacturing industries where chemicals are produced or used; work in places where machines are used; and work in bars, hotels and places of entertainment. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to adopt the regulation determining the list of types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the regulation, once it has been adopted.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee notes the Government’s information that within the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government of the United Republic of Tanzania has developed a National Action Plan for the Elimination of the Worst Forms of Child Labour. This project is intended to increase awareness and knowledge among stakeholders and the public at large on the adverse impact of child labour. The Committee requests the Government to provide information on the implementation of the National Action Plan for the Elimination of the Worst Forms of Child Labour, and its impact on eliminating the worst forms of child labour.

Article 7(1). Penalties. Noting that most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act of 2004, were very low, the Committee had requested the Government to indicate the measures taken to review the monetary penalties prescribed for the offences mentioned under clauses (a)–(d) of Article 3 of the Convention.

The Committee notes with interest that sections 78,79, 80, and 83 of the Law of the Child Act establishes penalties ranging from 100,000 shillings to 500 million shillings, in addition to imprisonment for the offences related to hazardous work, forced labour, prostitution and the sexual exploitation of children. The Committee requests the Government to provide information on the application of these penalties in practice, including for trafficking in children under the Anti-Trafficking in Persons Act of 2008.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee takes due note of the Government’s statement that at the primary level, a total of 8,441,553 children were enrolled in 2009, and a total of 8,419,305 children were enrolled in 2010. The Committee also notes the Government’s indication that in 2011, 1,556,685 children are enrolled at the secondary level. According to the statistics provided by UNESCO, in 2009, 97 per cent of girls and 96 per cent of boys were enrolled in the primary school level and 102 per cent (gross intake rate to last grade of primary) of children completed a full course of primary schooling.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee previously noted that according to the provisions under Part IV of the Anti-Trafficking in Persons Act of 2008, the Government shall secure the protection, assistance and rehabilitation of child victims of trafficking and establish or designate centres for the protection and assistance of trafficking in persons (sections 19 and 20).

The Committee notes the Government’s information that there are focal points in every police station to handle child victims of trafficking. Moreover, there are centres run by NGOs for the protection and assistance of child victims of trafficking. The Committee notes the information available in the ILO–IPEC report of 2010 on the project entitled “Support for the Time-bound Programme on the Worst Forms of Child Labour Phase II” (ILO-TBP report of 2010) that Parliament has established an Anti-Human Trafficking Fund in order to finance the Anti-Trafficking Committee which focuses on providing protection and assistance to victims of trafficking. The Committee requests the Government to provide information on the measures taken by the Anti-Trafficking Committee for the removal of child victims of trafficking for sexual and labour exploitation as well as the measures taken for their rehabilitation and social integration, and the results achieved. It also requests the Government to indicate the number of child victims of trafficking who have been rehabilitated in the centres run by the NGOs.

Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS. The Committee previously noted that according to the information contained in the Epidemiological Factsheet on HIV/AIDS (UNAIDS) of October 2008, over 970,000 children aged below 17 years were HIV/AIDS orphans in the United Republic of Tanzania.

The Committee notes the Government’s information that it has created a conducive environment for the civil society organizations, private sector, and workers’ and employers’ organizations to actively participate in the fight against HIV/AIDS, to deal with the problem of child labour as well as to participate in the provision of education and vocational training to child victims and orphans of HIV/AIDS. The Committee also notes that according to the information available in the ILO-TBP report of 2010, the project has provided training and orientation to social partners and implementing agencies on the use of the ILO Handbook on Mainstreaming HIV/AIDS issues into child labour initiatives, together with a Training Manual on Child Labour and HIV/AIDS. The Committee notes, however, that according to the Epidemiological Factsheet on HIV/AIDS (UNAIDS), of 2009, more than 1,300,000 children aged below 17 years are HIV/AIDS orphans in the United Republic of Tanzania. The Committee expresses its deep concern at the high number of children orphaned by HIV/AIDS. Considering that children orphaned by HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in the worst forms of child labour, in particular by increasing their access to education and vocational training. The Committee requests the Government to provide information on the measures taken in this regard, and on the results achieved.