Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. Monitoring mechanisms and protection of victims. The Committee previously noted that the Anti-Trafficking Committee had been established with the overall responsibility of coordinating the activities of government departments and law enforcement organs responsible for matters relating to trafficking in persons. Moreover, draft implementing regulations had been developed for the approval of the Anti-Trafficking Committee and stakeholders, as had a National Anti-Trafficking Action Plan. Additionally, with support from the ILO and the International Organization for Migration (IOM), a directory of service providers for victims of human trafficking had been developed to provide information on available services.

The Committee notes the Government’s information in its report that, the implementing regulations pursuant to section 37(f) of the Anti-Trafficking in Persons Act were adopted in 2015, including Regulations No. 27 on the establishment of centres for protection and assistance to victims and Regulations No. 28 on the prevention, protection and treatment. A new National Anti-Trafficking Action Plan (2015–17) was also launched. The Committee further notes that, according to a study report named “Dynamics of Trafficking in Persons in Tanzania” published in 2016 by the IOM, the majority of trafficking victims are young females under 20 years of age. According to the Government’s replies to the list of issues of the UN Committee on the Elimination of Discrimination against Women (CEDAW), the most common forms of trafficking of women and girls is through recruitment of girls to work in domestic work from rural areas, and the transportation of girls to the Gulf countries and China and by using recruitment agents (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 83). The Committee requests the Government to provide information on the implementation of the National Anti-Trafficking Action Plan (2015–17) and the activities of the Anti-Trafficking Committee. It also requests the Government to provide information on the application in practice of the two implementing Regulations on the identification and protection of trafficking victims, particularly women and girls, including the services available and the number of victims who received such services.

2. Imposition of compulsory labour for economic development and public purposes. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the national Constitution, acts of Parliament and district by-laws, in contradiction with the Convention. The Committee has referred in this connection to the following legislative provisions:

• -article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity;
• -the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
• -several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation building” and “enforcement of human resources deployment”, which provide for an obligation to work.

The Government indicated that the Committee’s comments in this regard had been brought to the attention of relevant ministries, including the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. However, the Committee noted with concern that article 48 of the draft Constitution of 2013 appears to contain wording similar to article 25 of the current Constitution, and does not address the issues raised by the Committee in this regard.

The Committee also noted by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the authorities had taken the decision to abolish development levies which were being implemented under the Local Governance Finance Act and that this Act had been listed among the identified laws to be addressed by the Task Force on Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s repeated statement that, in practice, there was no government authority permitted to impose forced labour, or an obligation to work, under the umbrella of self-help and community development or nation building. The Government also indicates that the new draft constitution has not yet been finalized pending a call for referendum The Government further indicates that the Employment and Labour Relations Act No. 6 of 2004 is in place to prohibit and punish practices of forced labour. Moreover, the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015 added section 102A to the Employment and Labour Relations Act, which provides that, in case of a conflict between this Act and any other written law relating to employment standards, that standards under this Act shall prevail. The Committee therefore requests the Government to provide information on any progress made regarding the review of the Constitution, and to provide a copy once adopted.

3. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. However, the Government stated that, in practice, career members of the armed forces enjoy the right to quit the service at their own request.

The Committee notes the Government’s information in its report that, pursuant to Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of l966, which provides for issues related to voluntary release, officers and other members of the military may resign at their own request. The Committee therefore requests the Government to provide a copy of Regulation 8.11 of the Defence Forced Regulations Volume 1 (Administrative) of 1966.