Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Abolition of Forced Labour Convention, 1957 (No. 105) - United Republic of Tanzania (Ratification: 1962)

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. 1. Media Service Act. The Committee previously noted that persons sentenced to imprisonment are under the obligation to perform work (section 61 of the Prison Act and section 50 of the Offenders Education Act of 1980 of Zanzibar); and that several provisions of the Media Services Act No. 12 of 2016, the violation of which is punishable with penalties of imprisonment, are worded in terms broad enough to lend themselves to application as a means of punishment for the expression of political views or views opposed to the established political, social or economic system. These provisions include:

• section 50, which provides that any person who makes use by any means of a media service for the purpose of publishing information which intentionally or recklessly falsified in a manner which, or any statement the content of which, threatens the interests of defence, public order, the economic interests of the country, public morality or public health, commits an offence and is punishable by three to five years’ imprisonment.
• section 51, which provides that any persons who imports, publishes, sells, offers for sale, distributes or produces any publication or any extract of it, the importation of which is prohibited, commits an offence and is punishable by three to five years’ imprisonment.
• sections 52 and 53, which provide that any act, speech or publication with a seditious intention, including the sales, distribution, reproduction and importation of such publication, is punishable by three to five years’ imprisonment. The possession of such publication is punishable by two to five years’ imprisonment.
• section 54, which provides that any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace commits an offence and is punishable by four to six years’ imprisonment.

The Committee notes the Government’s information in its report concerning the amendments made to the Media Services Act through the Written Law (Miscellaneous Amendments) Act No. 1 of 2023. The Committee notes that the amendments made to sections 50, 51, 53 and 54 of the Act were aimed at decreasing the period of imprisonment bringing it to a minimum of one year and to a maximum of five years. It observes however that the scope of the above provisions remains the same and that prison sentences are still applicable in case of their infringement.

In this regard, the Committee recalls that the range of activities which must be protected from punishment involving compulsory labour, as per Article 1(a) of the Convention, comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion. However, the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence; but sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of the expression of views or of opposition to the established political, social or economic system (2012 General Survey on the fundamental Conventions, paragraphs 302 and 303). The Committee urges the Government to take the necessary measuresto amend sections 50 to 54 of the Media Services Act No. 12 of 2016 in such a way as to ensure that persons expressing political views or views opposed to the established political, social or economic system cannot be subject to penalties of imprisonment (which involve compulsory labour), whether by restricting the scope of these provisions to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee further requests the Government to provide information on any prosecutions conducted or court decisions handed down under these provisions, specifying the penalties imposed and the facts that led to such convictions.

2. Non-Governmental Organizations Act. The Committee recalls that section 35 of the Non-Governmental Organizations Act of 2002 provides for penalties of a fine or imprisonment (involving compulsory labour) for a term not exceeding one year, or both, for the offences of, inter alia, operating a non-governmental organization without obtaining registration as required under section 13(3) of the Act. The Committee notes the Government’s information that the necessary measures will be taken to ensure that the above-mentioned provision of the Non-Governmental Organizations Act is not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, to persons who hold or express political views or views opposed to the established system.

The Committee notes that in their press release of 17 October 2024, several Special Rapporteurs of the special procedures of the United Nations Human Rights Council indicated that the Tanzanian Government had reportedly utilized the Non-Governmental Organizations Act to arbitrarily deregister and restrict activities of civil society organizations.

The Committee requests the Government to indicate the measures taken to ensure that section 35 of the Non-Governmental Organizations Act of 2002 is not used to impose penalties involving compulsory labour on persons who hold or express views opposed to the established system, and to provide information on the number of persons prosecuted and convicted under this provision and the penalties applied.

Article 1(c). Penalties involving compulsory labour as a means of labour discipline. In its previous comments, the Committee noted that, according to section 11 of the First Schedule to the Economic and Organized Crime Control Act as amended up to 2016, any employee of a specified authority who causes pecuniary loss to his or her employer or damage to his or her employer’s property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his or her duties in a reasonable manner, may be punished with imprisonment, which involves an obligation to work.

The Committee notes the Government’s information that the Economic and Organized Crime Control Act of 2016 has been repealed by the Economic and Organized Crime Control Act Cap. 200 of 2022. It notes with regret, however, that the Act of 2022 retains similar provisions under section 10(1) of the First Schedule as “economic offences”, which is punishable with imprisonment as per section 60(2) of the Act. The Committee therefore once again recalls that penalties of imprisonment involving compulsory labour as a means of labour discipline are incompatible with the Convention. The protection granted by the Convention does not apply, however, to cases of breaches of labour discipline that impair or are liable to endanger the operation of essential services, or where life or health are in danger.

Observing that it has been raising this issue for a number of years, the Committee urges the Government to take the necessary measures to repeal or amend the Economic and Organized Crime Control Act so as to ensure that no penalties involving compulsory labour shall be imposed for the offences set forth under section 10(1) of the First Schedule to the Act.

The Committee notes that the Government has indicated that it will seek the technical assistance of the Office on a number of issues. The Committee hopes that ILO technical assistance will be provided to contribute to ensure compliance with the Convention.

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