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

Forced Labour Convention, 1930 (No. 29) - United Republic of Tanzania (Ratification: 1962)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Prosecution and application of effective penalties. Referring to its previous comments on the lack of sufficiently effective and dissuasive penalties established for the crime of trafficking in persons, the Committee notes the Government’s information in its report that the Anti-Trafficking in Persons Act CAP 432 has been amended by the Written Laws (Miscellaneous Amendment) Act No. 5 of 2021 and the Written Laws (Miscellaneous Amendment) Act No. 2 of 2022. It notes with interest that these amendments aim at increasing the penalties of fines and imprisonment for trafficking offences and at removing the option of a fine in lieu of imprisonment, instead imposing the fine in addition to imprisonment.

The Government also indicates that it continues to build the capacity of the law enforcement bodies for effective identification, investigation and prosecution of trafficking in persons-related cases, and that a total of 1,650 officers have benefited from such activities. Ultimately and as a result of other counter-trafficking measures taken by the Government, a total of 291 cases of trafficking in persons have been investigated, of which 31 involving 82 traffickers were taken to court, and 22 traffickers were convicted and sentenced to imprisonment.

The Committee requests the Government to continue to strengthen the capacity of the law enforcement bodies to detect and investigate cases of trafficking for both labour and sexual exploitation. It requests the Government to provide information on the number of investigations carried out, prosecutions initiated and convictions handed down, in particular pursuant to the revised penalties under the Anti-Trafficking Act of 2008.

2. National action plan. Implementation and assessment. In response to its previous comments concerning the measures taken to combat trafficking in persons, the Government states in its report that the National Action Plan (NAP) 2018–21 as well as the NAP 2021–24 have been successfully implemented, and indicates that the following was carried out in this regard: (i) institutionalization of the Anti-Trafficking in Persons Secretariat within the Ministry of Home Affairs and expansion of its operation in Tanzania Mainland and Zanzibar; (ii) establishment of cross border collaboration forums on trafficking in persons-related matters between Tanzania and Malawi and Tanzania and Mozambique; (iii) public awareness activities on counter trafficking in persons; (iv) joint operations with law enforcement agencies to disrupt trafficking routes and networks; and (v) implementation of the Anti-trafficking in Persons Act in Zanzibar.

The Government also indicates that pursuant to Regulations Nos 27 and 28 on the establishment of centres for protection and assistance for victims of trafficking, 11 safe houses have been registered and a total of 503 victims of trafficking were provided assistance (accommodation, food, medical and rehabilitation services including psychosocial counselling and life training skills, free legal support, and referral and reintegration services).

The Committee notes that, in addition to the usual strategic objectives of prevention, protection, prosecution and partnerships, the NAP 2021–24 provides for the monitoring and evaluation of the effectiveness of the strategic actions on the basis of the action plan implementation matrix. The Committee requests the Government to provide information on the implementation and monitoring of the NAP 2021–24 and to indicate the challenges faced and results achieved in the areas of prevention and protection of victims, as identified in the monitoring and evaluation plan. Moreover, the Committee requests the Government to indicate whether a new action plan has been developed based on these findings.

Articles 1(1) and 2(1) and (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 the national Constitution in contradiction with the Convention. The Committee has referred to:

• 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 Committee notes the Government’s information that the 2013 draft Constitution did not reach the referendum stage and that the country is still in the process of determining the internal procedures and arrangements for resuming or commencing anew the constitutional review process. The Committee recalls in this regard that it drew the Government’s attention to the fact that the draft Constitution of 2013 appeared to contain wording similar to article 25 of the current Constitution, and did not address the issues raised by the Committee. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the constitutional revision procedure will be undertaken without delay so as to bring it into conformity with the Convention by limiting the scope of exceptions to the definition of forced labour to those provided for in Article 2(2)(a)–(e) of the Convention.

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