Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Penalties and law enforcement. The Committee previously noted that pursuant to section 4 of the Anti-Trafficking in Persons Act (No. 6 of 2008), trafficking in persons is an offence, punishable with a fine of between 5 million Tanzanian shillings (TZS) and TZS100 million (approximately US$3,172–$63,577), or to imprisonment for a term of not less than two years and not more than ten years, or both. Pursuant to section 5 of the Act, a person who promotes, procures or facilitates the commission of trafficking in persons commits an offence, and is liable to a fine of between TZS2 million and TZS50 million (approximately US$1,272–US$31,083), or to imprisonment for a term of not less than one year, but not more than seven years, or both. The Committee, however, noted from the Government’s replies to the list of issues of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in February 2015, an instance where an Indian national who was convicted of trafficking eight Nepalese girls was sentenced to ten years’ imprisonment or to pay a fine of TZS15 million. The perpetrator paid the fine and was released (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 84). Referring to paragraph 319 of the 2012 General Survey on the fundamental Conventions, the Committee recalled that, when the sanction consists only of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requested the Government to take the necessary measures to ensure that the Anti-Trafficking in Persons Act was applied effectively so that sufficiently effective and dissuasive penalties of imprisonment are imposed and enforced in practice in all cases and to continue providing information on its application in practice.

The Committee notes the Government’s indication in its report that one of the recommendations that came up during the National Dialogue with key stakeholders convened in July 2018 was to review the provisions relating to penalties under the Anti-Trafficking in Persons Act and also to include the provision of “attempt” as one of the grounds in establishing the crime of trafficking during prosecution. The Committee further notes the Government’s information that from 2016 to 2018, 76 cases of trafficking in persons were reported, 50 cases were investigated and 60 persons were convicted. However, the Government report does not provide information on the penalties imposed on the persons convicted for the offences related to trafficking in persons. In this regard, the Committee requests the Government to take the necessary measures to ensure that in practice, sufficiently effective and dissuasive penalties are imposed and enforced against perpetrators in all cases related to the trafficking of persons. It also requests the Government to continue to provide information on the number of investigations, prosecutions and convictions related to trafficking in persons, as well as the specific penalties applied to those convicted. The Committee further requests the Government to provide information on any progress made with regard to the revision of the Anti-Trafficking Act.

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