Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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

Article 3(d), labour inspection and application of the Convention in practice. Worst forms of child labour. Hazardous work. The Committee notes that the third National Child Labour Survey (NCLS) covering children aged 5–17 years in mainland Tanzania was carried out with ILO technical and financial assistance in 2014. According to the NCLS analytical report released in January 2016, children in hazardous work amount to about 3.16 million, which constitutes 62.4 per cent of working children and 21.5 per cent of children aged 5–17 years. The highest proportion of children classified in hazardous work corresponds to those working under hazardous working conditions (87.2 per cent) followed by those working long hours (29 per cent). The report also shows that carrying of heavy loads is the most common hazard, which involves 65.1 per cent of children in hazardous work. In addition, 46.8 per cent of total children in hazardous work experienced injuries, illness or poor health, which occurred as a result of work. The Committee must express its deep concern at the large number of children working in hazardous conditions. The Committee therefore urges the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work, and to continue providing information on the nature, extent and trends of the worst forms of child labour. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide training to the labour inspectors to detect cases of children engaged in hazardous work.

Article 6. Programmes of action for the elimination of the worst forms of child labour. The Committee previously noted that, within the framework of the ILO–Brazil Partnership Programme for the Promotion of South–South Cooperation, the Government developed a National Action Plan for the Elimination of Child Labour (NAP). Through the NAP, 148 government officials were sensitized on the worst forms of child labour and on the list of hazardous work. Moreover, child labour subcommittees were established in the districts of Ruangwa, Masasi, Liwale and Lindi Urban to oversee child labour issues. The Committee also noted with interest that during the 2011–12 financial year, a total of 17,243 children were withdrawn from the worst forms of child labour, and 5,073 children were prevented from engaging in these worst forms. Out of these 22,316 children, 5,410 were admitted into vocational training programmes, 2,402 into primary education, and 1,235 into complementary basic education and training. In 2012–13, a total of 1,994 children were withdrawn from the worst forms of child labour.

The Committee notes the Government’s information that, in collaboration with the ILO, the Government is implementing a number of programmes, including the South–South Cooperation with the support of the Government of Brazil in the cotton sector, the Achieving Reduction of Child Labour in Support of Education (ARISE) programme with the support of Japan Tobacco International (JTI), and the Promoting Sustainable Practices to Eradicate Child Labour in Tobacco (PROSPER+) programme with the support of Winrock International in the tobacco sector. Furthermore, macrosocial and economic efforts are being undertaken by the Government, such as improvement of the education sector and the living standards of people. The Committee requests the Government to continue providing information on the implementation of the NAP, as well as the abovementioned programmes, and the results achieved in terms of eliminating the worst forms of child labour.

Article 7(1). Penalties. The Committee previously noted that sections 78, 79, 80 and 83 of the Law of the Child Act establish penalties ranging from 100,000 Tanzanian shillings (TZS) to TZS500 million, in addition to imprisonment for the offences related to hazardous work, forced labour, prostitution and the sexual exploitation of children. The Committee also noted that, according to the May 2013 report on the follow-up mission conducted in the framework of the Special Programme Account (SPA mission report), special labour inspections were carried out in agriculture and mining in Arusha and Ruvuma, and the three inspections in Ruvuma detected 16 boys and 21 girls under 18 years of age who were found engaged in hazardous work. However, the Committee observed that, according to the report, while ensuring effective prosecutions for violations related to child labour was one of the aims of the action plan of the SPA and training was provided to labour prosecutors, there had not yet been any prosecutions on this matter and more effective mechanisms were necessary.

The Committee notes with concern the Government’s statement in its report that so far there have been no prosecutions, convictions or penalties in connection with the abovementioned provisions of the Law of the Child Act. The Committee once again requests the Government to take immediate measures to ensure that thorough investigations and robust prosecutions are carried out against the perpetrators of the worst forms of child labour, including hazardous work. In this regard, it once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penalties imposed.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. The Committee previously noted that, in collaboration with stakeholders, the Government developed and implemented the National Costed Plan of Action for the Most Vulnerable Children (2007–10) (NCPA–MVC). With the implementation of this plan, the identification of vulnerable children was improved, access to basic support was strengthened, and care and support for the most vulnerable children was mainstreamed into the budgets of the central Government and councils. Other measures included training for community justice facilitators to provide paralegal support, as well as for other facilitators at different levels (national, district and village) to identify the most vulnerable children.

The Committee notes the Government’s information that the Free Education Programme for Primary and Secondary Level Education, which is being implemented, will increase access to educational opportunities for children orphaned by HIV/AIDS. The Committee further notes that the second National Costed Plan of Action for Most Vulnerable Children (NCPA II, 2013–17) was launched in February 2013, which calls for a government-led and community-driven response to facilitate access of MVCs to adequate care, support, protection and basic social services, along with a National MVC Monitoring and Evaluation Plan adopted in January 2015 to ensure an effective and efficient coordination of MVC programme interventions.

However, the Committee also notes that, according to the 2015 UNAIDS estimates on HIV and AIDS, there remain approximately 790,000 child orphans of HIV/AIDS. Moreover, the Government’s country progress report to the United Nations General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2014 shows that only 26,670 orphans and vulnerable children (OVCs) were supported with health care, food, educational supplies, nutritional and psychological services. Considering that children orphaned by HIV/AIDS are at an increased risk of being engaged in the worst forms of child labour, the Committee once again urges the Government to strengthen its efforts to ensure that children orphaned by HIV/AIDS are prevented from being engaged in these worst forms, in particular by increasing their access to education and vocational training, and supporting them with the abovementioned services. The Committee requests the Government to continue providing information on the measures taken in this regard, and on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.