Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Discrimination based on sex. Job advertisements. The Committee notes that, in its report, the Government informs about some initiatives undertaken in collaboration with the social partners, including the development of a guide for employers on “Promoting Equal Opportunity and Elimination of Discrimination at Work places” and awareness-raising activities, involving also civil society and non-governmental organizations, with the aim to ensure that the principle of non-discrimination on the grounds of sex is effectively applied in hiring and advertising practices,. The Government also refers to the appointment of female Ministers in most of the strategic Ministries, which has resulted into a national level campaign to empower girls and women and inspire them to take different post, position and jobs which traditionally were occupied by men. The Committee encourages the Government to continue to take proactive measures to ensure that equality of treatment and opportunity between men and women is ensured in the recruitment phase and sex discriminatory hiring and advertising practices are effectively eliminated, and requests it to monitor job advertising to detect and address any violations of the principle of the Convention and provide information on the steps taken in this regard and their outcome.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Government indicates that, in collaboration with social partners, conducted training aiming at building employers’ capacity to develop and register plans to prevent and address sexual harassment, in line with sections 7(1) and 7(2) of the Employment and Labour Relations Act. The Committee wishes: (1) to recall the gravity of sexual harassment, as it undermines equality at work by calling into question the integrity, dignity and well-being of workers; and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity; and (2) the importance of implementing effective and regular prevention measures, adopting clear procedures for reporting incidents, and appropriate sanctions in cases of harassment. The Committee refers the Government to its General Observation, adopted in 2002, for further guidance. The Committee requests the Government to report on the number of plans to eliminate discrimination in the workplace registered with the Labour Commissioner pursuant to sections 7(1) and 7(2) of the Employment and Labour Relations Act that specifically address sexual harassment, and on the measures contemplated in such plans to prevent and address sexual harassment, including remedies provided for the victims. Please also continue to provide information on any other measures taken to prevent and eradicate sexual harassment in employment and occupation and the number, nature and outcome of complaints or cases of sexual harassment arising in the context of work or education, including any penalties imposed and compensations awarded.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Government informs that the National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23 brought about some positive impact on addressing discrimination in employment and occupation based on HIV/AIDS status, such as the issuance in 2024 of the new HIV and AIDS and Non-Communicable Diseases (NCDs) Workplace Policy: A Guide for Private Sector Employers, which provides a generic format for employers in preparing and implementing a policy guide on HIV and AIDS and NCDs and other diseases at workplace to ensure, among other objectives, the elimination of stigma and discrimination against persons living with HIV and AIDS, in compliance with section 7 of the Employment and Labour Relations Act. The Committee notes that a new Multisectoral Strategic Framework for HIV and AIDS for 2021/22 to 2025/26 was adopted, which includes among its strategic interventions, the elimination of stigma and discrimination. The Committee also notes that orientation sessions on HIV/AIDS and human rights were provided to law enforcers, magistrates, people living with HIV/AIDS and vulnerable populations, with a view, on the one hand, to ensure that all participants were aware of relevant legal provisions, and the other, that the judiciary can effectively administer justice in cases related to HIV/AIDS and victims can claim their rights, including by exploring first grievance mechanisms established at the workplace and then bringing the matter before the judicial system. The Committee requests the Government to provide information on any measures addressing discrimination in employment and occupation adopted under the new Multisectoral Strategic Framework for HIV and AIDS for 2021/22 to 2025/26 and their impact on promoting equality of opportunity and treatment of persons living with HIV/AIDS in respect of access to employment and occupation, vocational guidance and training, among others. Please also continue to provide information on the number, nature and outcome of cases of employment and occupation discrimination based on HIV and AIDS status examined by the labour inspectorate, the courts or relevant equality bodies.

Articles 1 to 3. National policy for equality of opportunity and treatment. The Committee notes the Government’s indication that: (1) a total of 398 plans to promote equal opportunity and to eliminate discrimination in the work place for the year 2023/2024 have been registered by the Labour Commissioner, pursuant to sections 7(1) and 7(2) of the Employment and Labour Relations Act; (2) the National Labour Market Information System is not yet operational; (3) the Government continues strengthening joint inspections by the occupational safety and health officers, the labour officers and the social security officers on preventing and eliminating, among other things, discrimination in employment and occupation; and (4) the joint inspections have resulted into increased awareness and compliance rate of employers and workers at workplaces as well as into the issuance of compliance orders and prosecution of different cases up to the level of the Labour Division of the High Court. The Committee requests the Government to continue to provide information on the plans on promoting equal opportunities and eliminating discrimination at the workplace registered with the Labour Commissioner, including information on the kind of measures envisaged in such plans and the grounds of discrimination addressed in practice. In addition, the Committee requests the Government to provide information on: (i) any other measure taken to promote equality of opportunity and treatment in employment and occupation on grounds other than sex; (ii) any further progress made in respect of the establishment of the National Labour Market Information System and its impact on strengthening the role of the Labour Information Management System and the Labour Inspection Unit in combating discrimination in employment and occupation; and (iii) the results achieved through the joint inspections with regard to both preventing and addressing discrimination.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous peoples. The Committee recalls that traditional occupations, such as pastoralism, hunting and gathering, are “occupations” within the meaning of the Convention (2012 General Survey on the fundamental Conventions, paras 742 and 767). It also recalls that one of the main issues faced by indigenous peoples relates to the lack of recognition of their rights to land, territories and resources, undermining their right to engage in traditional occupations (2012 General Survey, para. 768). The Committee refers to its 2018 general observation on discrimination based on race, colour and national extraction in which it observed that unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups, which are often perceived as outdated, unproductive or environmentally harmful, continue to pose serious challenges to the enjoyment of equality of opportunity and treatment in respect of occupation. In that regard, the Committee notes that urgent appeals have been addressed in 2022 and 2023 to the Government by the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nation Committee on the Elimination of Racial Discrimination (CERD), requesting, inter alia: (1) to ensure that any measure for the implementation of the conservation area is carried out in full collaboration with and participation of the affected communities, including with guarantee for secure access to and use of resources on the affected territory by the members of the community; (2) to halt the forced evictions; and (3) to take measures to effectively protect the communities against reported acts of excessive use of force, intimidation, arbitrary arrests and discrimination and racist speech (ACHPR, letter of June 2022; CERD/EWUAP/109th Session/2023/MJ/CS/ks, page 3. The Committee recalls that, previously, the UN Human Rights Committee had asked for information on the efforts made by the Government to address the reported eviction of, and confiscation of lands and livestock from, the indigenous communities, such as the Maasai and Barabaig peoples, resulting in their loss of traditional livelihoods (CCPR/C/TZA/QPR/5, 20 August 2021, para. 29). The Committee emphasizes that promoting and ensuring access to material goods and services required to carry out an occupation, such as secure access to land, and access to credit and resources, without discrimination, should be part of the objectives of a national policy on equality under Article 2 of the Convention (2018 general observation on discrimination based on race, colour and national extraction). Consequently, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by these peoples and their members in employment and occupation because of their race, colour or national extraction. In order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee requests the Government: (i) to assess the situation in employment and occupation of men and women belonging to indigenous peoples and the discrimination faced by them in general, in order to inform the formulation of appropriate measures, in consultation, wherever possible, with the interested groups; (ii) to take immediate steps to evaluate, in consultation with the concerned communities, the impact of the conservation and tourism projects on their livelihood and inform on the results of such evaluation; and (iii) to provide information on the measures taken to ensure that the Maasai, and other indigenous peoples affected by conservation and tourism project enjoy equality of opportunity and treatment in respect of the occupation of their choice, notably their traditional occupations, -including information on the measures taken to protect their rights to the lands and resources they traditionally occupy and use for their occupations – and the initiatives undertaken to address prejudices and stereotypes, including in the media.

Migrant workers. The Committee recalls that the Non-Citizens (Employment Regulation) Act of 2015 provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It notes the Government’s statement that no application for a work permit was rejected by the Labour Commissioner for reasons that can amount to discrimination and that no cases of discrimination based on race, colour and national extraction against non-citizens have been addressed by the competent authorities. The Committee requests the Government to provide information on the main reasons work permits are refused by the Labour Commissioner in practice.

Convention No. 100 – Principle of e qual r emuneration for men and women for work of equal value

Article 2. Wage fixing mechanisms. Minimum wages. The Government informs the Committee about increases in the minimum wages for common cadres and for health-related cadres, indicating that these measures have benefited especially women since they represent the majority of workers in these cadres. It also refers to the ongoing integration of the newly introduced Public Service Management Systems between Central Government and Local Government Authorities and Independent Government Agencies and Authorities, at the completion of which updated statistical data, disaggregated by sex, on the current wage levels in the public sector would be available. Regarding data in the private sector, the Committee notes that the National Labour Market Information System (NLMIS) is at the testing stage and once it is fully working, those data will also be available. The Committee further notes the Government’s indication that when determining minimum wages, both the Public and Private Minimum Wage Boards rely on surveys which include information on all factors to be considered, including qualifications and work experience, among others. The Committee welcomes the adoption of a new Minimum Wage Order for the private sector, following a 12-year period without revision. The Committee requests the Government to provide information on the measures taken by both the Public and Private Wage Boards to ensure that work in sectors with a high concentration of women is not undervalued compared to sectors predominantly employing men. The Committee also requests up-to-date statistical data, disaggregated by sex – and, once the NLMIS becomes operational, by occupational level and sector – on wage levels in the private sector. Additionally, please provide information on wage levels in the public sector, disaggregated by sex and position.

Collective bargaining. Cooperation with employers’ and workers’ organizations. The Government indicates that it continues to carry out training and capacity-building for workers and employers. The Committee welcomes the Government’s commitment to ensure that the Office of the Labour Commissioner, in consultation with social partners, will jointly agree that from the next financial year, all collective agreements will have to contain a specific provision on equal remuneration for men and women for work of equal value. The Committee requests the Government to provide copy of any collective agreement implementing the principle of equal remuneration for men and women for work of equal ‘value’, and to continue providing information on the measures taken to strengthen the capacity of social partners regarding the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the public sector job evaluation methods are used to determine remuneration rates which are based on objective criteria such as qualifications and skills, effort, responsibilities and conditions of work, under the Public Service Management and Good Governance Office (Salary, Incentives and Benefits Department). As regards the private sector, objective job evaluations are promoted, among others, by the functioning of workers participation forums to effectively conduct the required evaluations. The Committee requests the Government to provide more information on the functioning of the workers’ participation forums in the job evaluation exercise, and the criteria used for determining the value of a job for the purpose of establishing remuneration rates. Please also provide information on any complaint filed with the competent authorities alleging violations of the principle of the Convention in the establishment of remuneration rates, in the public and private sectors.

Conventions Nos 100 and No. 111 – Application in practice

Enforcement. The Committee notes the clarifications provided by the Government concerning the procedures and remedies available to victims of discrimination in employment and occupation as well as the selected cases annexed to the report concerning the application of the principles of the Conventions Nos 111 and 100. The Committee requests the Government to continue to provide information on cases involving the application of the Conventionsaddressed by the competent authorities

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality under examination this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration Convention) and 111 (Discrimination in Employment and Occupation) together.

Convention No. 111 National policy to promote equality of opportunity and treatment in respect of employment and occupation

Equality of opportunity and treatment irrespective of sex. The Government refers to the 2023 National Gender and Women Development Policy which sets out, among other objectives to promote gender equality in accessing economic and financial opportunities and envisages a range of proactive measures in this respect, such as: (1) strengthening systems for accessing capital that will enable women to engage in productive activities; (2) enhancing the participation of both men and women in identifying and utilizing opportunities that will enable them to achieve economic empowerment; (3) strengthen investment aimed at reducing the workload for women and girls, including access to water services, energy, and childcare facilities; (4) promote equal participation of women and men in decent work within both the formal and informal economies; (5) improve systems and implementation to enhance access to and ownership of productive resources for women; and (6) promote gender consideration in inclusive economic and financial planning. The Committee also notes the information provided by the Government about: (1) initiatives undertaken by the social partners to provide training, including leadership skills, to women and girls; (2) the courses on Professional Skills to Domestic Workers conducted by the Government in collaboration with Comunitá Volontari Per IL Mondo (CVM) and Tanzanian Conservation, Hotels, Domestic and Allied Workers’ Union (CHODAWU); (3) loans dedicated to women in the informal economy issued, since March 2023, by the Ministry of Livestock and Fisheries Development, including the provision of 1008 boats for fishing activities; (4) five per cent of the annual revenue set aside to finance loans to women through the local government authorities; and (5) radio and TVs sensitization and public awareness programmes to combat discriminatory stereotypes. The Committee also notes the Government’s indication that it will be able to provide updated statistical information on the participation of men and women in employment and occupation, once the next integrated Labour Force Survey is completed.

Welcoming the measures envisaged in the National Gender and Women Development Policy, the Committee requests the Government to provide detailed information on their implementation in practice and the results achieved in terms of enhanced equality of opportunity and treatment in employment and occupation between men and women, including in respect of: (i) reducing vertical and horizontal occupational gender segregation, (ii) increasing women’s access to formal employment, (iii) addressing multiple and intersecting forms of discrimination faced by women and girls because, among others, of their social origin, religion, race, colour or national extraction, (iv) enhancing access to and ownership of productive resources for women, and (v) promoting the reconciliation of work and family responsibilities, including a fairer distribution of family responsibilities between men and women. The Committee also requests the Government to provide information on public-awareness initiatives to combat stereotypes regarding women’s professional aspirations, preferences and capabilities and their role and responsibilities in the family and society; and updated statistical information on the participation of men and women in employment and occupation, if possible disaggregated by occupational categories and positions.

Access of women to education and vocational training. In response to the Committee’s request to prohibit pregnancy testing as a condition for school admission and to ensure the readmission of students expelled due to pregnancy, the Government states that there is currently no pregnancy-related precondition for accessing education. Medical examinations are conducted solely to assess general health needs, such as eyesight and other minor health issues, to support students with special needs. However, the Committee observes that the Government does not confirm that it has reviewed the Education Regulations to explicitly exclude pregnancy as a moral ground of expulsion or to ensure immediate readmission of schoolgirls expelled due to pregnancy or wedlock. The Government however states that it commits to explicitly prohibit pregnancy testing as a precondition for admission to all levels of education. The Committee acknowledges the measures taken to enhance access of girls and women to vocational training and higher education, including the: (1) construction of 26 new girls’ secondary schools in 2023/2024 countrywide with the aim of providing more opportunities to girls to access formal education and join science studies; (2) implementation of re-entry programmes under Education Circular No. 2 of 2021 and its February 2022 Guidelines, allowing pregnant girls to return to school post-childbirth; (3) provision of dormitories accommodation for girls from vulnerable groups, such as pastoral communities, to prevent early and forced marriages; and (4) launch of the “Samia Scholarship” programme, supporting high-performing female students (418 scholarships have been awarded to date). Additionally, the Committee remarks the 2023 revision of the Basic Education Curriculum to introduce Vocational Training/Education (“ELIMU ya AMALI”) in 96 secondary schools among which 26 are government owned and that the Government plans to expand vocational schools across the country. As of December 2023, enrolment in Vocational Education and Training Authority Colleges included 5,019 male and 2,752 female students – an increase in female enrolment from 2,116 in 2020 to 2,752 in 2023.

The Committee requests the Government to: (i) monitor and report on the education access of pregnant girls and adolescent mothers, including data on dropouts, expulsions, re-admissions, and enrolment in re-entry programmes; (ii) provide updates on efforts to improve access for girls and women to vocational training and higher education, especially in fields where they are under-represented; and (iii) submit current data on male and female enrolment in vocational education, including gender distribution across different fields of specialization.

Convention No. 100 – Principle of equal remuneration between men and women for work of equal value

Article 1 to 4. Assessing and addressing the gender wage gap. The Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as women access to education and vocational training, employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities, and gender roles and stereotypes. The Committee refers, in this regard, to its comments above on Convention No. 111. The Committee requests the Government to provide updated statistical data on the earnings of men and women in all economic sectors and occupations to monitor any progress achieved in reducing the gender pay gap, once the next integrated Labour Force Survey mentioned by the Government is completed.

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that, in its report, the Government recalls the general legal framework prohibiting sexual violence and sexual harassment in both the public and private sectors, namely section 138(D) of the Sexual Offenses Special Provisions Act, 1998, section II(6) of the Code of Ethics and Conduct for the Public Service, 2003, and section 7(5) of the Employment and Labour Relations Act (ELRA), Cap. 366 2019. The Government adds that, according to sections 7(1) and 7(2) of the ELRA, every employer strives to eliminate discrimination and shall register with the Labour Commissioner a plan to eliminate discrimination in the workplace, including sexual harassment. The Committee further notes the Government’s general statement that it is continuously taking measures to increase public awareness regarding sexual harassment, through various communications in television and radio programmes. It also takes note of a 2013 judgment of the High Court, attached to the Government’s report, which dismissed a complaint made by an employee found guilty of sexual harassment for unfair termination of his employment contract. However, the Committee observes that the Tanzanian Legal and Human Rights Centre (LHRC), in its 2021/2022 Human Rights and Business Report, found that the issues of sexual violence and sexual harassment are still among the most pressing matters facing women in the business sector. The same report indicates that more than half of workers (52.6 per cent) acknowledge that psychological and sexual violence exists in their workplaces, and that 21.3 per cent of workers explicitly mention sexual violence. The Committee further notes that, according to the 2021 Human Rights Report issued by the LHRC, sexual violence and sexual harassment against women are particularly prominent in the media sector, with editors and human resources officers being the most common perpetrators. The same report also states that acts of sexual violence continue to be a big challenge for schoolchildren, especially girls, with their teachers being among the perpetrators. Considering the high prevalence of violence against women, the Committee wishes to recall the gravity of sexual violence and sexual harassment, which constitute a serious manifestation of sex discrimination. Consequently, the Committee asks the Government to strengthen its efforts to effectively prevent and eliminate sexual violence and sexual harassment at workplaces and education institutions, including by fighting stigma surrounding it and impunity of perpetrators of such violence. It further urges the Government to provide information on:

• (i)the plans to eliminate discrimination in the workplace, including sexual harassment, developed and registered by employers with the Labour Commissioner in virtue of sections 7(1) and 7(2) of the ELRA;
• (ii)any other proactive measures taken or envisaged to prevent and eradicate sexual violence and sexual harassment at workplaces, especially in the media sector, as well as education institutions; and
• (iii)the number, nature and outcome of complaints or cases of sexual harassment arising in the context of work or education, including any penalties imposed and compensations awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes the Government’s indication that it has adopted the National Development Vision 2025, aimed among other things at attaining gender equality in all socioeconomic, political and cultural aspects by 2025. However, the Government does not provide information on the measures taken or envisaged to promote equality and eliminate discrimination with respect to grounds other than sex, such as for example race, colour, religion, political opinion, national extraction or social origin. The Committee also takes note of the Government’s statement that the Labour Commission has developed Guidelines to help employers in the process of elaborating plans to promote equal opportunities and eliminate discrimination, as provided under sections 7(1) and 7(2) of the Employment and Labour Relations (ERLA) Act, Cap. 366 2019. It observes, however, that the Government does not provide information on the content of the Guidelines in question, nor on the plans elaborated by employers on the basis of these Guidelines. The Committee further notes the Government’s statement that it plans to strengthen the Labour Information Management System and the Labour Inspection Unit by creating an online platform, which will facilitate its efforts to eliminate discrimination at the workplace. The Government adds that joint inspections are currently being conducted by the occupational safety and health officers, the labour officers and the social security officers, which effectively promote equality of opportunity and treatment. The Committee asks the Government to:

• (i)provide information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and eliminate discrimination on all the grounds other than sex listed in Article 1(1)(a) of the Convention, as well as on any additional grounds prohibited by national legislation;
• (ii)provide a copy of the Guidelines developed by the Labour Commission to assist employers in formulating plans on promoting equal opportunities and eliminating discrimination at the workplace required by law, and statistical data on the number of any such plans registered with the Labour Commission; and
• (iii)keep it informed of the progress of the creation of the online platform aimed at strengthening the role of the Labour Information Management System and the Labour Inspection Unit in combatting discrimination in employment and occupation, as well as of the impact of the joint inspections conducted by the occupational safety and health officers, the labour officers and the social security officers on preventing and eliminating discrimination in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s general statement that, since the enactment of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”, no single application for a work permit has been rejected for reasons that can be qualified as discriminatory. The Committee therefore asks the Government to provide information on:

• (i)the number of work permits that have been refused by the Labour Commissioner on the basis of the above-mentioned provision, and the reasons thereof; and
• (ii)any cases of discrimination related to race, colour and national extraction against non-citizens that have been dealt with by the competent authorities, as well as the remedies provided.

General observation of 2018. The Committee takes note of the Government’s general statement that efforts are being constantly made to ensure that there is no discrimination based on race, colour and national extraction in employment and occupation. The Committee therefore asks the Government to provide information on:

• (i)the laws, policies, programmes, mechanisms, participatory processes and remedies designed to prevent and eliminate discrimination on the grounds of race, colour and national extraction in employment and occupation, address prejudices and stereotypes and promote mutual understanding and tolerance among all sections of the population; and
• (ii)the measures taken or envisaged with regard to non-citizens, in order to address gaps in education, training and skills, provide unbiased vocational guidance, recognise and validate the qualifications obtained abroad, and value and recognise traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation.

Enforcement. The Committee notes the Government’s statement that it has continued strengthening the legal aid institutions, in order to improve access to justice for marginalised social groups, such as the indigent, women, children and persons with disabilities. The Government adds that the Legal Aid Act No. 1 of 2017 supports and encourages paralegals, who have the potential to access remote and rural regions and offer basic legal education to persons severely limited in their access to justice, including women and children. The Committee further notes the Government’s statement that labour officers have been regularly taking relevant steps and actions towards investigating and initiating court proceedings with respect to equal treatment in employment and occupation. In this regard, the Committee notes that, according to the Labour Inspection Manual of 2020 attached to the Government’s report, the labour officers must report on any contravention relating to the Employment and Labour Relations Act (ELRA), including on the absence of a plan established by the employer to promote equal opportunity and eliminate discrimination at the workplace in virtue of the ELRA. The Committee therefore asks the Government to provide information on:

• (i)the activities undertaken to raise public awareness on the provisions of the Convention, in particular by paralegals;
• (ii)the procedures and remedies available to victims of discrimination in employment and occupation; and
• (iii)any cases concerning discrimination in employment and occupation detected or settled by the labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2)(b) of the Convention. Wage boards. Minimum wages. The Committee takes note of the Government’s indication that, following the latest meetings of the Public Service Wage Board, it issued a new Staff Circular N° 1 of 2022, the salary of the lowest-paid public servants was increased as a measure to reduce the gender wage gap. It observes, however, that the Government does not indicate: (1) the specific measures taken by both the Public Service Wage Board and the Private Sector Wage Board, to ensure that minimum wage rates are based on criteria free from gender bias and (2) how the wage boards promote the principle of equal remuneration for men and women for work of equal value. In light of the persistent wage disparities between men and women, both in the public and private sectors, noted in its observation, the Committee asks the Government to:

• (i)provide information on the impact of the latest increase in the salary of the lowest-paid public servants on the current wage levels in the public sector, such as statistical data, disaggregated by sex, on the current wage levels in the public sector;
• (ii)indicate the measures taken by both Wage Boards to ensure that minimum wage rates are fixed, based on objective criteria that are free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and
• (iii)provide up-to-date statistical data, disaggregated by sex, occupational level and sector, on the wage levels in the private sector.

Articles 2 and 4. Collective agreements.Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s general statement that it has launched several activities aimed at employers’ and workers’ organizations (training, technical consultations, orientation sessions, etc.) on the issue of wage disparity. In that regard, it notes that the copy communicated by the Government of the 2022/23 Collective Bargaining Agreement concluded by the Tanzania Union of Industrial and Commercial Workers (TUICO) and the Mbeya Cement Company Limited (MMCC) does not contain any provision reflecting the principle of equal remuneration for men and women for work of equal value. In view of the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the measures taken to strengthen the capacity of social partners regarding the principle of the Convention and to encourage them to fully reflect this principle in collective agreements. Please also provide a copy of any collective agreement implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Public Service Productivity and Remuneration Board (PSPRB) was “disestablished” in 2020, and that the Job Evaluation and Regrading (JERG) exercise was interrupted due to many factors, including the ‘disestablishment’ of the relevant Board. The Committee wishes to point out that the concept of work of equal value, while not defined in the Convention, refers to the worth of a job for the purpose of computing remuneration. It necessarily requires some method of measuring and comparing the relative value of different jobs on the basis of entirely objective and non-discriminatory criteria (see 2012 General Survey, paragraphs 673, 695 and 700). In the absence of information on the use of objective job evaluation methods, the Committee again requests the Government to provide information on:

• (i)job evaluation methods used to determine remuneration rates in the public sector, and the measures taken to ensure that they are based on objective criteria free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work); and
• (ii)any measures also taken to promote the use of objective job evaluation methods in the private sector. It further asks the Government to indicate which body will take over the tasks assigned previously to the Public Service Productivity and Remuneration Board so that the Job Evaluation and Regrading exercise launched in 2010 can resume.

Enforcement. The Committee notes the Government’s indication that, although it has guaranteed free access to the Commission for Mediation and Arbitration and to the High Court Labour Division, there are no cases or complaints concerning inequality of remuneration between men and women settled by the courts or reported to the labour officers or to any other competent authority. It further notes the Government’s indication that Gender Boards have been established in all public sectors. It also notes that, according to the Government’s report under Discrimination (Employment and Occupation) Convention No. 111, 1958, the Legal Aid Act No. 1 of 2017 supports and encourages paralegals, who have the potential to access remote and rural regions and offer basic legal education to persons severely limited in their access to justice, including women. The Committee therefore asks the Government to provide information on:

• (i)the functioning and competencies of the Gender Boards established in the public sector, with particular regard to the principle of equal remuneration for men and women;
• (ii)the activities undertaken by paralegals to raise public awareness, in particular of women and girls, on the provisions of the Convention and the procedures and remedies available, in order to enhance their access to justice; and
• (iii)any cases or complaints dealt with by the courts, the labour officers or any other competent authority concerning equal remuneration between men and women, as well as any decisions issued in this regard.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee observes that, in its report, the Government provides no information on the concrete measures taken to address the high prevalence of sex discriminatory hiring and advertising practices in the country previously noted, and merely refers to the general provisions of the Employment and Labour Relations Act (ELRA), Cap. 366 2019, and the Employment and Labour Relations (Code of Good Practice) Rules, 2007, on prohibition of discrimination in the workplace. The Committee again urges the Government to take without delay, in cooperation with the social partners, all the necessary measures to ensure that the principle of non-discrimination on the grounds of sex is effectively applied in hiring and advertising practices, including through awareness-raising activities aimed at eliminating stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. It also again asks the Government to communicate updated statistical data on the percentage of job vacancies still containing a sex preference.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee notes the Government’s indication that the implementing regulations of the HIV and AIDS Prevention and Control Act No. 28 of 2008 were adopted in 2010. It observes, however, that the regulations mentioned by the Government do not concern specifically section 52(m) of Act No. 28 of 2008, which provides that “the Minister may make regulations prescribing the circumstances under which a person may be regarded to stigmatise and discriminate a person living with HIV and AIDS”, but sections 52(a) to 52(e) on counselling and testing, use of antiretroviral medicines (ARVs) and disclosure. In addition, although the Government provides no information on the implementation of the third National Multisectoral Strategic Framework for HIV and AIDS for 2013/14 to 2017/18 with respect to employment and occupation discrimination based on HIV and AIDS status in the public and private sectors, the Committee observes that, in November 2018, the Prime Minister’s Office published a new National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23, aiming at zero stigma and discrimination against persons living with HIV and AIDS. The Committee further notes the Government’s indication that no cases of discrimination on the basis of HIV and AIDS status in employment and occupation were submitted to the labour officers, the courts or any other authority. In that regard, it wishes to draw the Government’s attention to the fact that, where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on fundamental Conventions, paragraph 870). Recalling that the effective application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment, the Committee asks the Government to provide information on: (i) the impact of the measures and initiatives adopted to implement the National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23 with respect to employment and occupation discrimination based on HIV and AIDS status, both in the public and private sectors; (ii) its efforts to ensure effective access to remedies for victims of such discrimination, as well as sufficient resources and adequate training for relevant institutions; and (iii) the number, nature and outcome of cases of employment and occupation discrimination based on HIV and AIDS status examined by the labour inspectorate, the courts or relevant equality bodies.

Articles 2 and 3. Equality of opportunity and treatment for men and women. The Committee notes the general information provided by the Government regarding the provisions of the Employment and Labour Relations Act (ELRA), Cap. 366 2019, and the Public Service Regulations, 2003, on promotion of equality between men and women at the workplace. It observes, however, that the Government provides no information on the specific measures taken to promote women’s economic empowerment and access to formal employment and address vertical and horizontal segregation between men and women in the labour market. In this regard, the Committee notes that, according to the Integrated Labour Force Survey 2020/21 conducted by the National Bureau of Statistics (NBS) and the Office of the Chief Government Statistician Zanzibar (OCGS), the unemployment rate is significantly higher for women (12.7 per cent) than men (5.8 per cent). Furthermore, the 2021 Global Gender Gap Report of the World Economic Forum shows that women remain disproportionately concentrated in informal employment, as 93 per cent of working women are employed in the informal sector. The Committee also notes, from the Integrated Labour Force Survey 2020/21, the persistent gender occupational segregation of the labour market, with women still being over-represented in sectors such as the household and domestic worker’s sector. In light of the persistent gender stereotypes and occupational gender segregation of the labour market and the absence of substantial progress made in the past years, the Committee urges the Government to strengthen its efforts to promote effective equality of treatment and opportunity for men and women in employment and occupation, in both law and practice. It asks the Government to provide information on the concrete measures implemented, including in collaboration with the social partners, in order to address both vertical and horizontal occupational gender segregation, for example: (i) by promoting women’s economic empowerment, access to formal employment as well as to decision-making positions; and (ii) by raising public awareness, with a view to combating stereotypes regarding women’s professional aspirations, preferences and capabilities and their role and responsibilities in the family and society. The Committee further asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access of women to education and vocational training. The Committee notes the various initiatives taken by the Government to increase the enrolment rate of children and adolescents in education, mainly through the National Strategy on Inclusive Education (2018–2021) and the Secondary Education Improvement Programme (2020-2025). It also notes that, according to 2021 statistics of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the gross enrolment ratio in primary and secondary education was higher for girls (98.99 per cent for primary and 29.81 per cent for secondary education) than boys (95.37 per cent for primary and 27.54 per cent for secondary education). UNESCO data shows, however, that the enrolment in technical and vocational education and training programmes remains lower for women (0.6 per cent) than men (3.1 per cent), and that the gross enrolment ratio in tertiary education is 7.1 per cent for women, compared to an enrolment ratio of 8.5 per cent for men. The Committee further notes the Government’s indication that it instructed all education administrators to stop the practice of mandatory pregnancy testing of girls as a precondition for admission to lower and upper secondary education. The Government adds that pregnant girls can be readmitted to informal school centres, commonly known as “Open Schools”. The Committee observes, however, that in its Decision No. 002/2022 of 15 September 2022, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) found the United Republic of Tanzania in violation of the African Charter on the Rights and Welfare of the Child, and recommended the Government to immediately prohibit mandatory pregnancy testing in schools, review the Education Regulations by indicating that the moral ground of expulsion should not apply in cases of pregnancy, and immediately readmit schoolgirls who have been expelled due to pregnancy. In this regard, the Committee recalls that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to explicitly prohibit pregnancy testing as a precondition for admission to all levels of education and provide information on measures taken (including any sanctions imposed), to ensure that this prohibition is effectively applied in practice, meaning that all students expelled due to pregnancy are effectively readmitted to school. The Committee further reiterates its request to the Government to provide information on the measures taken to enhance access of girls and women to vocational training and higher education, in particular to professions where women are under-represented. Please also provide up-to-date information on the number of men and women enrolled in vocational training and education, including information on the share of men and women in the different areas of specialization.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1–4 of the Convention. Assessing and addressing the gender wage gap. The Committee notes that, in its report, the Government merely recalls the national legal framework on equal remuneration for men and women. In this regard, the Committee wishes to point out that, while giving legislative effect to the principle of equal remuneration for men and women for work of equal value is important, it is not sufficient to achieve the goal of the Convention. The issue of the gender wage gap also requires positive measures aimed at tackling its structural and underlying causes, such as horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower-level positions without promotion opportunities (see the 2012 General Survey on the fundamental Conventions, paragraphs 669, 710 and 712). The Committee notes that, according to the 2021 and 2022 Global Gender Gap Reports of the World Economic Forum, the labour force participation rate of women is 79.5 per cent (compared with 87.1 per cent for men), with women being almost entirely concentrated in the informal sector (93 per cent), characterized by low wages. It also notes that, according to the Integrated Labour Force Survey 2020/2021, conducted by the National Bureau of Statistics (NBS) and the Office of the Chief Government Statistician Zanzibar (OCGS), only 2.1 per cent of women were employed in the central and local government sector, while 60.3 per cent were employed in the agricultural (own or family farm) sector, also characterized by significantly lower wages. The same survey shows that the average direct wages and salaries of women are lower than those of men in all areas and industries. More generally, the Committee notes that, according to the 2022 Global Gender Gap Report of the World Economic Forum, the gender pay gap is 25.5 percentage points.The Committee therefore urges the Government to take proactive measures to address the existing gender wage gap, both in the public and private sectors, by: (i) identifying and addressing the underlying causes of pay differentials in the country, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy; and (ii) promoting women’s access to a wider range of jobs with career prospects and higher pay, including through the elaboration and implementation by employers of plans to promote gender equality in the workplace. It further asks the Government to communicate updated statistical data on the earnings of men and women in all economic sectors and occupations to monitor any progress achieved.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value.

Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned that customary judicial mechanisms, to which women most often resort, are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that sections 138(D)(3) and 148(D)(1) of the Sexual Offenses Special Provisions Act, 1998 penalize generally sexual harassment. It also notes that section 7(5) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) provides that harassment of employees shall be a form of discrimination and shall be prohibited based on any one of the grounds mentioned in section 7(4) – which includes sex and gender. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern about the high prevalence of violence against women, the reluctance of victims of sexual violence to report cases of abuse to the police because of the stigma surrounding it and the impunity for perpetrators of such violence, in particular teachers (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 22 and 30). The Committee further notes that, in its Human Rights Situation Report (from January to June 2018), the Tanzanian Legal and Human Rights Centre indicated that sexual violence against women and children had increased, and that sexual favours continued to be asked of women in return for access to employment and promotion. Female students were also subject to requests for sexual favours from teachers. Recalling the gravity of sexual harassment which is a serious manifestation of sex discrimination (see the General Survey on the fundamental Conventions of 2012, paragraphs 789–794), the Committee asks the Government to take proactive measures to ensure that its existing legislation is effectively applied in practice in order to prevent and address all forms of sexual harassment in education institutions and at workplaces. It asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment and of the relevant applicable legislative provisions and procedures and mechanisms available and to encourage victims of sexual harassment to seek redress, and the remedies available. It also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment arising in the context of work or education, including the penalties imposed and compensation awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee previously noted that educational activities were carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace. With reference to its observation, the Committee, notes the Government’s indication that a generic plan for employers to promote equal opportunity and eliminate discrimination at the workplace is being developed with a view to giving effect to the provisions of sections 7(1) and (2) of the ELRA, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, in collaboration with the ILO and employers’ and workers’ organizations. The Committee notes, however, that the Government has not provided information on a national equality policy covering all the grounds of discrimination provided for in the ELRA. The Committee asks the Government to provide information on the development and implementation of any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the grounds other than sex listed in Article 1(1)(a) of the Convention, and on any other grounds of discrimination prohibited by its national legislation. The Government is also asked to provide information on any steps taken or envisaged in this regard. It asks the Government to provide information on any plan formulated to promote equal opportunity and to eliminate discrimination at the workplace, in virtue of section 7(1) and (2) of the Employment and Labour Relations Act.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey, Tanzanian citizens accounted for 98.9 per cent of total regular employees in the formal sector in 2016, while non-citizens accounted for 1.1 per cent. Non-citizens are mostly employed in manufacturing (30.9 per cent), education (17.8 per cent) and trade (12 per cent). The Committee further notes that according to the data available from the World Bank, migrant workers are likely to be employed in the informal sector. The Committee takes note of section 11(2) of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It further notes that according to section 6(1)(d) of the Non-Citizens (Employment Regulations) Regulations of 2016, the Labour Commissioner may not issue a work permit unless he is satisfied that the employer has provided sufficient evidence from recognized job search mechanism that he has been unable to fill the particular post(s) due to a lack of suitably qualified personnel in the Tanzanian labour market. Furthermore, section 9(2)(b) of the Regulations provides that before granting permission for bulk recruitment, the Labour Commissioner must satisfy himself that the employer has made every possible effort to recruit local employees but has been unable to find suitable candidates. The Committee wishes to point out that the Convention requires that the application of legal provisions providing priority to residents in respect of access to employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention (see the 2012 General Survey, paragraph 781). The Committee therefore asks the Government to provide information on the application of section 11(2) of the Non-Citizens (Employment Regulation) Act, as well as sections 6(1)(d) and 9(2)(b) of the Regulations in practice, in order to ensure that such provisions do not involve or lead to indirect discrimination on the ground of race, colour or national origin and effectively ensure equality of opportunity and equality in the treatment of migrant workers in employment and occupation. It asks the Government to provide information on the number of work permits that have been refused by the Labour Commissioner on the ground of the above-mentioned provisions, as well as on any cases of discrimination related to race, colour and national extraction relating to non-citizens that have been dealt with by the competent authorities, as well as on the remedies provided.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Further, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Noting that the Government does not provide information on the application of the Convention in practice, the Committee however notes that, in its concluding observations, the CEDAW was concerned that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, the imposition of legal fees and a lack of legal literacy, especially in rural areas, and more particularly that customary judicial mechanisms to which women most often resort are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any activities undertaken to this end. It also asks the Government to provide detailed information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Assessing and addressing the gender wage gap. The Committee previously noted that, as a result of sections 7(1) and (2) of the Employment and Labour Relations Act, 2004, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, employers have an obligation to elaborate and implement a plan to prevent discrimination and promote equal opportunity in employment, which shall be registered with the Labour Commissioner. The Committee notes the Government’s statement, in its report, that a generic plan to be used by employers is being elaborated to that end, in collaboration with the ILO as well as employers’ and workers’ organizations. The Government adds that it will consider availing itself of ILO technical assistance for building capacities of employers’ and workers’ organizations in that respect. The Committee notes that, according to the 2018 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 81.1 per cent (compared to 88.3 per cent for men), with women being still mostly concentrated in informal employment (76.1 per cent of women) characterized by low wages. It notes, from the 2016 Formal Sector Employment and Earnings Survey, carried out by the National Bureau of Statistics (NBS) that while the proportion of women employed in formal employment is nearly half of the proportion of men (37.8 per cent and 62.2 per cent of total employees, respectively), 23.7 per cent of women are employed in the private sector, while only 14.1 per cent of them are employed in the public sector, where monthly average cash earnings are about three times higher than in the private sector. Furthermore, in 2016, the remuneration of women (monthly average cash earnings) was 15.3 per cent lower than those of men in the public sector and 6.1 per cent lower than men in the private sector. The Committee also notes that women are still concentrated in lower paid sectors such as manufacturing (19.6 per cent) and agriculture (10.3 per cent) and their average remuneration is lower than their male counterparts in almost all industries. The Committee notes with concern that, according to the World Economic Forum, men earned on average 39 per cent more than women in 2018. It further notes that, in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the lack of implementation of the principle of equal pay for work of equal value; and (iv) the persistent gender wage gap (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraph 32). The Committee therefore urges the Government to provide information on: (i) the proactive measures taken to address the gender wage gap, both in the public and private sectors, by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; (ii) any measures taken to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, including through the elaboration and implementation by employers of plans to promote gender equality at the workplace, as provided for under sections 7(1) and (2) of the Employment and Labour Relations Act; and (iii) statistical data on the earnings of men and women in all the sectors and occupations of the economy to monitor any progress achieved.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee previously noted that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes the Government’s indication in its report that it is developing, with the support of the ILO and in consultation with employers’ and workers’ organizations, a plan with a view to giving effect to the provisions of section 7(1) and (2) of the Employment and Labour Relations Act No. 6 of 2004 (ELRA), which require an employer to prepare and register with the Labour Commissioner a plan to promote equal opportunities and eliminate discrimination at the workplace. It notes the Government’s statement that this plan will provide guidance to employers on the implementation of all matters relating to equality and discrimination, including sex based discrimination in recruitment and job advertisements. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey carried out by the National Bureau of Statistics (NBS), 6.7 per cent of job vacancies still contained a sex preference. It notes that 4.4 per cent of those vacancies (representing 8,914 job vacancies) preferred male employees, while specific sectors which are traditionally considered as female dominated preferred female candidates, such as clerical occupations (92 per cent of job vacancies preferred women). The Committee recalls that recruitment decisions that are based upon stereotyped assumptions regarding women’s capabilities and their suitability for certain jobs is a form of sex discrimination. Such discrimination results in segregation of men and women in the labour market. The Committee reminds the Government that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention, and that only objective recruitment criteria should be used in the choice of the candidate (see the 2012 General Survey on the fundamental Conventions, paragraphs 754 and 783). The Committee therefore urges the Government to address without delay discriminatory advertising and hiring practices, through the development and implementation of the envisaged generic plan to promote equal opportunity and eliminate discrimination or otherwise through awareness-raising activities, in order to eliminate gender stereotypes, including stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. The Government is further asked to provide information on any steps taken to encourage women to apply for posts traditionally held by men. The Committee also asks the Government to provide information on the proactive measures taken to this end, including in collaboration with employers’ and workers’ organizations, and to continue to provide statistical information on the number of job vacancies containing a sex preference.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee previously noted the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Committee notes that the Government repeats the information provided in it last report, namely that (i) the regulations under section 52(m) of Act No. 28 of 2008 have not yet been adopted; (ii) the Tripartite Code of Conduct on HIV and AIDS at the workplace, providing for the promotion of equal opportunities and the elimination of stigma and discrimination at workplaces, has been reviewed in collaboration with the social partners; and (iii) the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14-2017/18 has been adopted. It notes, however, that the Government has not provided the information previously requested by the Committee in this regard. The Committee further notes that in the framework of the Universal Periodic Review, the United Nations Country Team (UNCT) in Tanzania stated that discrimination related to HIV/AIDS remained institutionalized at the workplace and the practice was prevalent, inter alia, in certain large mining companies in the private sector and in the police force (A/HRC/WG.6/25/TZA/2, 7 March 2016, paragraph 17). Noting that the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14–2017/18 aims at zero stigma and discrimination against persons living with HIV, including in the workplace interventions both in the public and private sectors, the Committee repeats its request that the Government provide information on the implementation of the Framework with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation in the public and private sectors, in particular in the police force. The Committee requests that the Government provide a timetable for the adoption of the implementing regulations of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008, and asks the Government to provide a copy of such regulations once adopted. The Committee also asks the Government to provide information on any cases of discrimination on the ground of HIV status in employment and occupation dealt with by the labour officers, the courts or any other authorities, specifying the penalties imposed and the compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the low participation rate of women in the economy and the continued occupational gender segregation in the labour market. The Committee notes the Government’s general statement that it has continued to take affirmative action, reaffirming its commitment to improving women’s access to education, training, employment and income generation. The Government refers in particular to the measures taken to increase women’s access to credit facilities and loans, in collaboration with the private sector, development partners and civil society organizations, including through the Women Development Fund, and to promote rural micro finance services, such as the Savings and Credit Cooperative Societies and the Village Community Banks (VICOBA). The Government adds that it has also strengthened its efforts to promote women’s transition from the informal economy to the formal economy, in collaboration with the social partners, with regard to the provision of business development services, the extension of social protection, and the enhancement of the enforcement of labour laws. The Committee takes note of the Five Year Development Plan 2016/2017–2020/21 (FYDP II), implemented in the framework of the Tanzania Development Vision 2025, which sets as objective to accelerate economic growth by making sure that it will benefit to significant poverty reduction and job creation especially for the youth and women. The Committee notes, however, that according to the 2016 Formal Sector Employment and Earnings Survey, the participation of women in the formal employment remained relatively low with only 37.8 per cent of total employees in the formal economy being women. Furthermore, according to the 2018 Global Gender Gap Report of the World Economic Forum, women remain disproportionately concentrated in informal employment (76.1 per cent). The Committee also notes the persisting occupational gender segregation, with women still over-represented in certain sectors, such as education and human health and social work activities. It also notes that in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the low representation of women in decision-making positions at the local level and in management positions on supervisory boards of companies; (iv) the limited access of women to financial assistance and credit, as well as at the limited support for women’s entrepreneurial activities which are mainly confined to the informal sector without access to the wider economic growth; (v) the persistence of adverse cultural norms and practices and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; and (vi) the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors. The CEDAW was more particularly concerned at the disadvantaged position of women in rural and remote areas who form the majority of women in the country (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 18(a), 26, 32, 38 and 40). In light of the above, the Committee wishes to emphasize the importance of regularly monitoring and assessing the results achieved within the framework of the national equality policy with a view to reviewing and adjusting existing measures and strategies and identifying any need for greater coordination between measures and strategies and between competent bodies in order to streamline interventions, in order for the Government and the social partners to be able to assess the real impact of such measures periodically. The Committee therefore urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes. The Government is asked to provide information on the specific and concrete measures taken to promote women’s economic empowerment and access to formal employment as well as to decision-making positions, including within the framework of the FYDP II. The Government is also asked to provide detailed information on the impact of any such measures in improving equality of opportunity and treatment between men and women in employment and occupation, by means of regularly monitoring and assessing the results achieved. Noting that in the framework of the Universal Periodic Review, the Government indicated that it was in the process of reviewing the National Gender Policy in order to incorporate current emerging issues (A/HRC/WG.6/25/TZA/1, 10 February 2016, paragraph 37), the Committee asks the Government to provide information on any progress made in that regard. It also asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access of women to education and vocational training. The Committee notes the statistical information provided by the Government and the efforts made to increase the enrolment rate of children in education as a result of the National Strategy on Inclusive Education (2009–17). The Committee notes, however, that according to the 2017 study on “Women and Men in Tanzania – Facts and Figures” carried out by the NBS, the percentage of men with secondary education or above was larger (25 per cent) than women (18.6 per cent); women account for the highest proportion of those who did not attend school (22.3 per cent of women compared to 11.3 per cent of men). Only 0.8 per cent of women attended university. The Committee notes that, according to its 2016 concluding observations the CEDAW expressed concern at the persistence of structural and other barriers to girls’ access to high-quality education, in particular at the secondary and tertiary levels, especially in rural areas, as well as at the continued prevalence of the practice of mandatory pregnancy testing of girls as a precondition for admission to school and their expulsion if found to be pregnant (CEDAW/C/TZA/CO/7-8, paragraph 30). The Committee wishes to stress in that regard that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to take all the necessary measures without delay to ensure effective protection of girls and women against discrimination on the basis of pregnancy and mandatory pregnancy testing, including through awareness-raising activities on this serious form of sex discrimination, and to provide information on any progress made in this regard, as well as on the number of girls and women expelled from educational institutions as a result of pregnancy. It also asks the Government to provide information on the concrete measures taken to enhance access for girls and women to higher education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation, including by combatting sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy. The Committee asks the Government to provide updated information on the number of men and women enrolled in education and vocational training including information on the share of men and women in the different areas of specialization.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value.

Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned that customary judicial mechanisms, to which women most often resort, are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that sections 138(D)(3) and 148(D)(1) of the Sexual Offenses Special Provisions Act, 1998 penalize generally sexual harassment. It also notes that section 7(5) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) provides that harassment of employees shall be a form of discrimination and shall be prohibited based on any one of the grounds mentioned in section 7(4) – which includes sex and gender. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern about the high prevalence of violence against women, the reluctance of victims of sexual violence to report cases of abuse to the police because of the stigma surrounding it and the impunity for perpetrators of such violence, in particular teachers (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 22 and 30). The Committee further notes that, in its Human Rights Situation Report (from January to June 2018), the Tanzanian Legal and Human Rights Centre indicated that sexual violence against women and children had increased, and that sexual favours continued to be asked of women in return for access to employment and promotion. Female students were also subject to requests for sexual favours from teachers. Recalling the gravity of sexual harassment which is a serious manifestation of sex discrimination (see the General Survey on the fundamental Conventions of 2012, paragraphs 789–794), the Committee asks the Government to take proactive measures to ensure that its existing legislation is effectively applied in practice in order to prevent and address all forms of sexual harassment in education institutions and at workplaces. It asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment and of the relevant applicable legislative provisions and procedures and mechanisms available and to encourage victims of sexual harassment to seek redress, and the remedies available. It also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment arising in the context of work or education, including the penalties imposed and compensation awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee previously noted that educational activities were carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace. With reference to its observation, the Committee, notes the Government’s indication that a generic plan for employers to promote equal opportunity and eliminate discrimination at the workplace is being developed with a view to giving effect to the provisions of sections 7(1) and (2) of the ELRA, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, in collaboration with the ILO and employers’ and workers’ organizations. The Committee notes, however, that the Government has not provided information on a national equality policy covering all the grounds of discrimination provided for in the ELRA. The Committee asks the Government to provide information on the development and implementation of any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the grounds other than sex listed in Article 1(1)(a) of the Convention, and on any other grounds of discrimination prohibited by its national legislation. The Government is also asked to provide information on any steps taken or envisaged in this regard. It asks the Government to provide information on any plan formulated to promote equal opportunity and to eliminate discrimination at the workplace, in virtue of section 7(1) and (2) of the Employment and Labour Relations Act.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey, Tanzanian citizens accounted for 98.9 per cent of total regular employees in the formal sector in 2016, while non-citizens accounted for 1.1 per cent. Non-citizens are mostly employed in manufacturing (30.9 per cent), education (17.8 per cent) and trade (12 per cent). The Committee further notes that according to the data available from the World Bank, migrant workers are likely to be employed in the informal sector. The Committee takes note of section 11(2) of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It further notes that according to section 6(1)(d) of the Non-Citizens (Employment Regulations) Regulations of 2016, the Labour Commissioner may not issue a work permit unless he is satisfied that the employer has provided sufficient evidence from recognized job search mechanism that he has been unable to fill the particular post(s) due to a lack of suitably qualified personnel in the Tanzanian labour market. Furthermore, section 9(2)(b) of the Regulations provides that before granting permission for bulk recruitment, the Labour Commissioner must satisfy himself that the employer has made every possible effort to recruit local employees but has been unable to find suitable candidates. The Committee wishes to point out that the Convention requires that the application of legal provisions providing priority to residents in respect of access to employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention (see the 2012 General Survey, paragraph 781). The Committee therefore asks the Government to provide information on the application of section 11(2) of the Non-Citizens (Employment Regulation) Act, as well as sections 6(1)(d) and 9(2)(b) of the Regulations in practice, in order to ensure that such provisions do not involve or lead to indirect discrimination on the ground of race, colour or national origin and effectively ensure equality of opportunity and equality in the treatment of migrant workers in employment and occupation. It asks the Government to provide information on the number of work permits that have been refused by the Labour Commissioner on the ground of the above-mentioned provisions, as well as on any cases of discrimination related to race, colour and national extraction relating to non-citizens that have been dealt with by the competent authorities, as well as on the remedies provided.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Further, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Noting that the Government does not provide information on the application of the Convention in practice, the Committee however notes that, in its concluding observations, the CEDAW was concerned that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, the imposition of legal fees and a lack of legal literacy, especially in rural areas, and more particularly that customary judicial mechanisms to which women most often resort are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any activities undertaken to this end. It also asks the Government to provide detailed information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing and addressing the gender wage gap. The Committee previously noted that, as a result of sections 7(1) and (2) of the Employment and Labour Relations Act, 2004, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, employers have an obligation to elaborate and implement a plan to prevent discrimination and promote equal opportunity in employment, which shall be registered with the Labour Commissioner. The Committee notes the Government’s statement, in its report, that a generic plan to be used by employers is being elaborated to that end, in collaboration with the ILO as well as employers’ and workers’ organizations. The Government adds that it will consider availing itself of ILO technical assistance for building capacities of employers’ and workers’ organizations in that respect. The Committee notes that, according to the 2018 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 81.1 per cent (compared to 88.3 per cent for men), with women being still mostly concentrated in informal employment (76.1 per cent of women) characterized by low wages. It notes, from the 2016 Formal Sector Employment and Earnings Survey, carried out by the National Bureau of Statistics (NBS) that while the proportion of women employed in formal employment is nearly half of the proportion of men (37.8 per cent and 62.2 per cent of total employees, respectively), 23.7 per cent of women are employed in the private sector, while only 14.1 per cent of them are employed in the public sector, where monthly average cash earnings are about three times higher than in the private sector. Furthermore, in 2016, the remuneration of women (monthly average cash earnings) was 15.3 per cent lower than those of men in the public sector and 6.1 per cent lower than men in the private sector. The Committee also notes that women are still concentrated in lower paid sectors such as manufacturing (19.6 per cent) and agriculture (10.3 per cent) and their average remuneration is lower than their male counterparts in almost all industries. The Committee notes with concern that, according to the World Economic Forum, men earned on average 39 per cent more than women in 2018. It further notes that, in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the lack of implementation of the principle of equal pay for work of equal value; and (iv) the persistent gender wage gap (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraph 32). The Committee therefore urges the Government to provide information on: (i) the proactive measures taken to address the gender wage gap, both in the public and private sectors, by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; (ii) any measures taken to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, including through the elaboration and implementation by employers of plans to promote gender equality at the workplace, as provided for under sections 7(1) and (2) of the Employment and Labour Relations Act; and (iii) statistical data on the earnings of men and women in all the sectors and occupations of the economy to monitor any progress achieved.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee previously noted that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes the Government’s indication in its report that it is developing, with the support of the ILO and in consultation with employers’ and workers’ organizations, a plan with a view to giving effect to the provisions of section 7(1) and (2) of the Employment and Labour Relations Act No. 6 of 2004 (ELRA), which require an employer to prepare and register with the Labour Commissioner a plan to promote equal opportunities and eliminate discrimination at the workplace. It notes the Government’s statement that this plan will provide guidance to employers on the implementation of all matters relating to equality and discrimination, including sex based discrimination in recruitment and job advertisements. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey carried out by the National Bureau of Statistics (NBS), 6.7 per cent of job vacancies still contained a sex preference. It notes that 4.4 per cent of those vacancies (representing 8,914 job vacancies) preferred male employees, while specific sectors which are traditionally considered as female dominated preferred female candidates, such as clerical occupations (92 per cent of job vacancies preferred women). The Committee recalls that recruitment decisions that are based upon stereotyped assumptions regarding women’s capabilities and their suitability for certain jobs is a form of sex discrimination. Such discrimination results in segregation of men and women in the labour market. The Committee reminds the Government that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention, and that only objective recruitment criteria should be used in the choice of the candidate (see the 2012 General Survey on the fundamental Conventions, paragraphs 754 and 783). The Committee therefore urges the Government to address without delay discriminatory advertising and hiring practices, through the development and implementation of the envisaged generic plan to promote equal opportunity and eliminate discrimination or otherwise through awareness-raising activities, in order to eliminate gender stereotypes, including stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. The Government is further asked to provide information on any steps taken to encourage women to apply for posts traditionally held by men. The Committee also asks the Government to provide information on the proactive measures taken to this end, including in collaboration with employers’ and workers’ organizations, and to continue to provide statistical information on the number of job vacancies containing a sex preference.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee previously noted the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Committee notes that the Government repeats the information provided in it last report, namely that (i) the regulations under section 52(m) of Act No. 28 of 2008 have not yet been adopted; (ii) the Tripartite Code of Conduct on HIV and AIDS at the workplace, providing for the promotion of equal opportunities and the elimination of stigma and discrimination at workplaces, has been reviewed in collaboration with the social partners; and (iii) the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14-2017/18 has been adopted. It notes, however, that the Government has not provided the information previously requested by the Committee in this regard. The Committee further notes that in the framework of the Universal Periodic Review, the United Nations Country Team (UNCT) in Tanzania stated that discrimination related to HIV/AIDS remained institutionalized at the workplace and the practice was prevalent, inter alia, in certain large mining companies in the private sector and in the police force (A/HRC/WG.6/25/TZA/2, 7 March 2016, paragraph 17). Noting that the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14–2017/18 aims at zero stigma and discrimination against persons living with HIV, including in the workplace interventions both in the public and private sectors, the Committee repeats its request that the Government provide information on the implementation of the Framework with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation in the public and private sectors, in particular in the police force. The Committee requests that the Government provide a timetable for the adoption of the implementing regulations of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008, and asks the Government to provide a copy of such regulations once adopted. The Committee also asks the Government to provide information on any cases of discrimination on the ground of HIV status in employment and occupation dealt with by the labour officers, the courts or any other authorities, specifying the penalties imposed and the compensation awarded.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the low participation rate of women in the economy and the continued occupational gender segregation in the labour market. The Committee notes the Government’s general statement that it has continued to take affirmative action, reaffirming its commitment to improving women’s access to education, training, employment and income generation. The Government refers in particular to the measures taken to increase women’s access to credit facilities and loans, in collaboration with the private sector, development partners and civil society organizations, including through the Women Development Fund, and to promote rural micro finance services, such as the Savings and Credit Cooperative Societies and the Village Community Banks (VICOBA). The Government adds that it has also strengthened its efforts to promote women’s transition from the informal economy to the formal economy, in collaboration with the social partners, with regard to the provision of business development services, the extension of social protection, and the enhancement of the enforcement of labour laws. The Committee takes note of the Five Year Development Plan 2016/2017–2020/21 (FYDP II), implemented in the framework of the Tanzania Development Vision 2025, which sets as objective to accelerate economic growth by making sure that it will benefit to significant poverty reduction and job creation especially for the youth and women. The Committee notes, however, that according to the 2016 Formal Sector Employment and Earnings Survey, the participation of women in the formal employment remained relatively low with only 37.8 per cent of total employees in the formal economy being women. Furthermore, according to the 2018 Global Gender Gap Report of the World Economic Forum, women remain disproportionately concentrated in informal employment (76.1 per cent). The Committee also notes the persisting occupational gender segregation, with women still over-represented in certain sectors, such as education and human health and social work activities. It also notes that in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the low representation of women in decision-making positions at the local level and in management positions on supervisory boards of companies; (iv) the limited access of women to financial assistance and credit, as well as at the limited support for women’s entrepreneurial activities which are mainly confined to the informal sector without access to the wider economic growth; (v) the persistence of adverse cultural norms and practices and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; and (vi) the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors. The CEDAW was more particularly concerned at the disadvantaged position of women in rural and remote areas who form the majority of women in the country (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 18(a), 26, 32, 38 and 40). In light of the above, the Committee wishes to emphasize the importance of regularly monitoring and assessing the results achieved within the framework of the national equality policy with a view to reviewing and adjusting existing measures and strategies and identifying any need for greater coordination between measures and strategies and between competent bodies in order to streamline interventions, in order for the Government and the social partners to be able to assess the real impact of such measures periodically. The Committee therefore urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes. The Government is asked to provide information on the specific and concrete measures taken to promote women’s economic empowerment and access to formal employment as well as to decision-making positions, including within the framework of the FYDP II. The Government is also asked to provide detailed information on the impact of any such measures in improving equality of opportunity and treatment between men and women in employment and occupation, by means of regularly monitoring and assessing the results achieved. Noting that in the framework of the Universal Periodic Review, the Government indicated that it was in the process of reviewing the National Gender Policy in order to incorporate current emerging issues (A/HRC/WG.6/25/TZA/1, 10 February 2016, paragraph 37), the Committee asks the Government to provide information on any progress made in that regard. It also asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Access of women to education and vocational training. The Committee notes the statistical information provided by the Government and the efforts made to increase the enrolment rate of children in education as a result of the National Strategy on Inclusive Education (2009–17). The Committee notes, however, that according to the 2017 study on “Women and Men in Tanzania – Facts and Figures” carried out by the NBS, the percentage of men with secondary education or above was larger (25 per cent) than women (18.6 per cent); women account for the highest proportion of those who did not attend school (22.3 per cent of women compared to 11.3 per cent of men). Only 0.8 per cent of women attended university. The Committee notes that, according to its 2016 concluding observations the CEDAW expressed concern at the persistence of structural and other barriers to girls’ access to high-quality education, in particular at the secondary and tertiary levels, especially in rural areas, as well as at the continued prevalence of the practice of mandatory pregnancy testing of girls as a precondition for admission to school and their expulsion if found to be pregnant (CEDAW/C/TZA/CO/7-8, paragraph 30). The Committee wishes to stress in that regard that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to take all the necessary measures without delay to ensure effective protection of girls and women against discrimination on the basis of pregnancy and mandatory pregnancy testing, including through awareness-raising activities on this serious form of sex discrimination, and to provide information on any progress made in this regard, as well as on the number of girls and women expelled from educational institutions as a result of pregnancy. It also asks the Government to provide information on the concrete measures taken to enhance access for girls and women to higher education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation, including by combatting sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy. The Committee asks the Government to provide updated information on the number of men and women enrolled in education and vocational training including information on the share of men and women in the different areas of specialization.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Gender pay gap. Private sector. The Committee notes from the 2013 Formal Sector Employment and Earnings Analytical Report that the gender pay gap was 12.4 per cent in favour of men (monthly average cash earnings) in 2013, up from 5.8 per cent in 2012, and that some industries had gaps in favour of men as high as 28.2 per cent (agriculture, forestry and fishing), 24.2 per cent (financial and insurance activities) and 22.2 per cent (human health and social work). While the majority of the 19 industry groupings had an earnings gap in favour of men, five industries had gaps in favour of women, the widest being in the arts, entertainment and recreation industry (30.7 per cent gap) and the real estate industry (26.9 per cent gap). The Committee notes that in 2013 the disparity in monthly average cash earnings between men and women in the private sector was 10.6 per cent in favour of men. The Committee notes that in 2013 women made up 37.3 per cent of the workforce, but only 28.7 per cent of those in the highest wage scale, and 47.6 per cent of those in the lowest wage scale. The Government indicates that it has taken measures to address the gender pay gap through the enforcement and implementation of relevant laws and policies, and improving women’s access to education, training and employment. The Committee asks the Government to provide additional information on measures taken or envisaged to address the gender pay gap in the private sector, including measures taken with the cooperation of employers’ and workers’ organizations, to raise awareness and promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. Please also continue to provide data on the respective earning levels of men and women by economic activity, occupation and education level in the private sector.

Public sector. The Committee notes that in 2013 the disparity in monthly average earnings between men and women in the public sector was 20.1 per cent in favour of men, up from 15.4 per cent in 2012. The Government indicates that it has taken measures to reduce the gender pay gap through the Public Service Management and Employment Policy 2008 and the Public Service Pay and Incentive Policy 2010, which are “implemented to ensure equal pay for work of equal value and to eradicate pay disparities across the public service”. The Committee notes that the 2010 policy refers to equal pay and job evaluation, but does not explicitly mention equal pay for men and women for work of equal value. The Government also indicates that during the financial year 2014–15, it issued a substantial salary increase to the lower cadres as compared to higher positions. The Committees asks the Government to provide information on measures adopted or envisaged to reduce the gender pay gap in the public sector and to promote access of women to higher level posts and in particular, how it is ensured that the 2010 Public Service Pay and Incentive Policy effectively applies the principle of equal pay for men and women for work of equal value. The Committee asks the Government to continue to collect data on the respective earning levels of men and women by occupation and education level in the public sector. Please also provide a copy or a summary of the Public Service Management and Employment Policy 2008.

Wage boards. Minimum wage. The Committee notes that some of the lowest wages set out in the Labour Institutions Wage Order No. 196/2013 of 2013 are in health services and private school services. The Committee notes from the Employment and Earnings Report 2013 that almost 60 per cent of the workers in human health and social work activities are women and more women are employed in Education than any other sector. The lowest minimum monthly wages are for certain categories of domestic work. Conversely, predominantly male industries have higher minimum wages including in construction and mining, where over 80 per cent of workers are men. The Committee recalls that when minimum wages are set at the sector or industry level, there is a general tendency to set lower wages for sectors predominantly employing women and that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills. The Committee also draws the Government’s attention to the fact that the skills required for domestic work, which are considered to be “innate” to women, are often undervalued or even overlooked, thus resulting in the undervaluation of domestic work (see General Survey on the fundamental Conventions, 2012, paragraphs 683, 701 and 707). The Committees asks the Government to provide specific information on how it is ensured that the criteria and method used to adjust the sectoral and occupational minimum wage are free from gender bias and that the work in sectors in which women predominate is not undervalued as compared to work in male dominated sectors. The Committee once again asks the Government to provide a copy of the guidelines for the wage boards that were being developed on the basis of ILO standards and the Constitution.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s commitment to ensure that the concept of “work of equal value” is duly addressed and promoted in cooperation with workers’ and employers’ organizations. The Government states generally that the wage boards as tripartite structures established under the Labour Institutions Act ensure cooperation with employers’ and employees’ organizations. The Committee notes that according to section 4 of the Wage Order of 2013, more favourable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. In this regard, the Committee asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in collective agreements, and to supply copies of any agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the 2010 Public Service Pay and Incentive Policy aims to harmonize and rationalize pay in line with the principle of equal pay for work of equal value and eradicate pay disparities across the entire public service. The 2010 policy document indicates that a job evaluation and re-grading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes however that the policy does not explicitly address pay disparity between men and women nor does it refer to an objective job evaluation free from gender bias. The Committee notes that the President’s Office, Public Service Management must ensure that the principle of equal pay for work of equal value is adhered to and must establish criteria for weighing job content across diverse organizations that comprise the broader public service based on the JERG exercise. The policy also provides that a public service and productivity and remuneration board (PSPRB) shall be established to harmonize and monitor compensation in the public service. The Committee asks the Government to provide information on the measures taken by the Public Service Management and the PSPRB to ensure that the JERG exercise takes into account the principle of equal work for men and women for work of equal value and is undertaken on the basis of entirely objective and non-discriminatory criteria free from gender bias.

Enforcement. While welcoming the information provided by the Government regarding the number of labour inspections undertaken and contraventions addressed in the 2013–14 financial year, the Committee notes this information does not indicate how many of the contraventions related to equal remuneration between men and women. The Committee asks the Government to continue to provide information on any developments in the training and work of labour officers regarding the principle of the Convention, including information on violations that relate to the principle of equal remuneration for men and women for work of equal value.

Zanzibar

The Government indicates that the Wage Order of 2013 applies in the mainland as well as Zanzibar, and that the Wage Advisory Board applies the principle of the Convention. However, no information is provided on the manner in which this is done. The Committee recalls that the Government planned to seek the technical assistance of the ILO regarding the collection of statistics on remuneration levels of men and women in Zanzibar, but notes that no statistics were provided with the Government’s report. Recalling the importance of having accurate information on the gender pay gap, including its underlying causes, the Committee once again asks the Government to undertake the necessary steps to collect, compile and provide data on the earning levels of men and women by economic activity and occupation, in both the public and private sectors in Zanzibar.

Enforcement. The Government indicates that no cases of violations of the principle of the Convention have been reported. The Committee recalls from its General Survey, 2012, paragraph 870, that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to take steps to raise awareness among workers, employers and their organizations as well as labour officers, judges and other public officials of the principle of equal remuneration for men and women for work of equal value and the procedure for issuing complaints of violations of the principle, and to provide information on any progress made in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Discrimination based on sex. The Committee notes from the Formal Sector Employment and Earnings Analytical Report 2013 that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes that 9.3 per cent of the job vacancies were for male-preference positions, and 5.6 per cent were for female-preference positions. With respect to specific occupations, the survey indicates that 8.3 per cent of the vacancies for professionals had a preference for men and 4.5 per cent for women; for technicians and associate professionals, 6.6 per cent of the vacancies had a male preference and 3.8 per cent a female preference; for clerks, 27.4 per cent of the vacancies had a female preference and 5.3 per cent a male preference; and for plant and machine operators and assemblers, in 45.5 per cent of the vacancies there was a preference for men and in 4.5 per cent a preference for women. Recalling from its General Survey on the fundamental Conventions, 2012, paragraph 754, that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention and that only objective recruitment criteria should be used when choosing a candidate, the Committee asks the Government to provide information on measures taken or envisaged to address the practice of sex discrimination in hiring and in particular in job advertisements.

Article 1(1)(b). HIV status. The Committee notes the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Government further indicates that regulations under section 52(m) of Act No. 28 of 2008 are in the process of being drafted and that no violations of the anti-discrimination provisions of the Act have been recorded by labour officers. The Committee notes that the Ministry of Labour and Employment, in collaboration with social partners, has reviewed the Tripartite Code of Conduct on HIV and AIDS at the Workplace with a view to taking into account the Recommendation concerning HIV and AIDS and the World of Work, 2010 (No. 200) and that the draft document has been discussed within the Labour, Economic and Social Council. The Tanzania Commission for AIDS has also developed the third Multi-Sectoral Strategic Framework for Tanzania Mainland (2013/14–2017/18). The Committee asks the Government to provide a copy of the HIV and AIDS Guidelines in the Public Service and the regulations being drafted under section 52(m) of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 once adopted. Please continue to provide information on any violations of the anti-discrimination provisions under the HIV and AIDS (Prevention and Control) Act, reported to or detected by labour officers. The Committee asks the Government to provide information on the implementation of the Multi-Strategic Framework for Tanzania Mainland (2013/14–2017/18) with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes the general information provided by the Government regarding educational activities carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace, including in 2014–15 through various media outlets and development and dissemination of awareness-raising materials. Recalling the importance of giving attention to all the grounds set out in the Convention in implementing the national equality policy, the Committee once again asks the Government to provide detailed information on action taken or envisaged, in collaboration with workers’ and employers’ organizations, to promote equality of opportunity and treatment and non-discrimination with respect to race, colour, national extraction, religion, political opinion and social origin (Article 1(1)(a) of the Convention), and on any other grounds of discrimination prohibited by national legislation, and the results achieved by such action. The Committee once again asks the Government to provide information on equality plans prepared and registered by employers with the Labour Commissioner under section 7(2) of the Employment and Labour Relations Act.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that the Employment and Earnings Report 2013 confirms the low participation rates of women in the economy (37.3 per cent of workers) and their continued occupational segregation including in human health and social work where, in 2013, 59.7 per cent of the workers were women. Women represented 54 per cent of those working in accommodation and food services and 45.3 per cent of those working in education; conversely only 22 per cent of those working in wholesale and retail trade, repair of motor vehicles, motorcycles and household goods; and 16 per cent of those working in construction were women. The Committee notes the Government’s indication that it has been taking various measures to improve women’s access to education, training and employment, and that enrolment rates of girls and women in primary, secondary and tertiary education have improved significantly: in 2012, 47 per cent of students in ordinary level secondary education were female, and women and girls represented 31.6 per cent of the students in advanced secondary education and 36.4 per cent of the students in tertiary education. Regarding technical education, in 2012, 46.8 per cent of students and 47.3 per cent of vocational trainees were female. The Committee asks the Government to provide more specific information on the measures taken or envisaged to tackle the significant occupational gender segregation in the labour market and provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels through, for example, diversified education and vocational training. Please continue to provide information, disaggregated by sex, on participation rates in the various vocational training courses and fields of study and education, as well as in the labour market, disaggregated by economic activity and occupation. Recalling the significant size of the informal economy, the Government is also requested to provide information on any measures taken to promote access to education and diversified training for women in the informal economy and promote their employment in the formal economy, particularly those living in rural areas.

Article 3(d). Employment under the direct control of a national authority. Public sector. The Committee notes from the Employment and Earnings Survey of 2013 that women constitute 40.8 per cent of public sector employees. The Government provides data that women are under-represented in almost every category of decision-making posts in the public service: in 2013 women represented 31 per cent of ministers, 22 per cent of the deputy ministers, 36 per cent of the members of parliament, 26 per cent of the commissioners, 31 per cent of the directors, and 36 per cent of the judges. The Government indicates that it has taken steps to improve women’s access to education and training including sponsoring 33 female public employees to pursue masters programmes aimed at preparing them for higher responsibilities. The Government indicates that an area of priority is the appointment and promotion of qualified women to higher decision-making posts. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote the access of women to high-level posts as well as to posts with career prospects in the public service, and on the progress made in this regard. Please also continue to provide statistical data, disaggregated by sex, on the number of men and women employed in the different occupations of the public service. The Committee asks the Government to indicate specifically how the Public Service Commission addresses the issues of discrimination and equality in public employment when discharging its functions.

Zanzibar

Legislative developments. The Committee notes the Government’s indication that the minister in consultation with the Labour Advisory Board has passed the Anti-Sexual Harassment and Anti-Gender Discrimination Regulations of 2013. The Government indicates that Part 3 of the regulations refer to anti discrimination and the promotion of equality at work between men and women and that employers are implementing the regulations as a measure to promote equality and eliminate discrimination with regard to recruitment, training, promotion and employment conditions of workers. The Committee further notes Government’s general indication that it has taken various measures to raise awareness of the anti-discrimination provisions of the Employment Act 2005 through radio, TV programmes and brochures and in the course of labour inspections. The Committee once again requests the Government to provide information on the specific manner in which employers promote equality and address discrimination with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers pursuant to section 10(2)(a) of the Employment Act 2005, and implement the new Anti-Sexual Harassment and Anti-Gender Discrimination Regulations of 2013; please provide a copy of the Regulations. It further asks the Government to provide additional information on the specific activities undertaken to raise awareness among workers and employers and their organizations as well as the wider public of the anti-discrimination provisions of the Employment Act and the Regulations, as well as the legal remedies available in cases of discrimination.

National equality policy. Recalling that the Employment Policy of 2009 for Zanzibar provides for the promotion of employment of women and persons with disabilities, the Committee notes that the various measures adopted by the Government in this regard promote youth employment. The Committee notes from the data provided by the Government that 39.9 per cent of the workers in Zanzibar are women (30.9 per cent of private sector workers and 46.5 per cent of government employees). It notes significant horizontal occupational segregation with women comprising 60 per cent of those employed in education, 57 per cent of those working in human health and social work activity, and only 12.1 per cent of those working in construction, 21.4 per cent of those in transportation and storage and 26.6 per cent of those in professional, scientific and technical activity. The Committee asks the Government to provide information on the participation rates and results achieved by the Youth Employment Programme 2012, the employment committees mandated to create employment activities for youth, the Youth Employment Action Plan, and technical and vocational education training centres, to promote access of women and persons with disabilities to employment and a wide range of vocational training courses, including in non-traditional fields. The Committee asks the Government to provide information on measures taken or envisaged to address the significant occupational segregation in both the public and private sectors. The Committee also asks the Government to continue to provide any statistical information available on the distribution of men and women in both the public and private sectors, by branch of economic activity and occupation.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Assessment of gender remuneration gap. Statistics. The Committee notes that according to the Decent Work Country Profile for the United Republic of Tanzania (Mainland) established in 2010, the average monthly earnings of women (except in self-employment in agriculture) represented 59.7 per cent of men’s in 2006. It notes that the pay gap between men and women has decreased from 50.5 to 40.3 per cent from 2000–01 to 2006. The Committee also notes the Government’s indication that there are no updated statistics on remuneration levels of men and women. The Committee asks the Government to provide information on the steps taken or envisaged to reduce the remuneration gap between men and women. Recalling the importance of having recent statistics to assess the nature, extent and causes of the existing remuneration gaps between men and women and elaborate measures to address them effectively, the Committee asks the Government to take the necessary measures to facilitate the collection of data on the remuneration of men and women in both the public and private sectors, in the various industries, and to provide full information on the measures taken in this regard and the data collected.

Wage boards. Minimum wage. The Committee notes the Government’s indication that further to the new recommendations made by Sector Wage Boards and opinions given by the Labour, Economic and Social Council (LESCO), a new Wage Order (No. 172 of 2010) was adopted and that gender and sex are not criteria in setting wages. The Committee notes however that the principle of equal remuneration for work of equal value is not included in section 37 of the Labour Institutions Act to which the Government refers, among the criteria that should be taken into consideration by wage boards when conducting an investigation on minimum remuneration. The Committee further notes from the Government’s report that the guidelines for the wage boards that were being developed on the basis of ILO standards and the Constitution have not yet been adopted. The Committee asks the Government to provide information on the manner in which the principle of equal remuneration between men and women for work of equal value is taken into account when determining minimum wage rates. It also asks the Government to provide a copy of the new wage order (No. 172 of 2010) and any other wage order in force establishing minimum wages by sector, as well as a copy of the guidelines to be used by wage boards once they are adopted.

Articles 2 and 4 of the Convention. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s commitment to ensure that the concept of “work of equal value” is duly addressed and promoted in cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate more precisely in which manner it ensures the promotion of the principle of the Convention in cooperation with workers’ and employers organizations and once again asks the Government to supply copies of collective agreements reflecting or implementing the principle of equal remuneration between men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the Government refers once again to the Open Performance Appraisal System (OPRAS) as the method used in the public sector to objectively evaluate jobs. The Committee further notes that there appears to be some confusion between the issue of performance appraisal of the employee and “objective appraisal of jobs”, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, “objective appraisal of jobs” or objective job evaluation, concerns the analysis of the content of a specific job or post, using criteria such as skill, effort, responsibilities and working conditions. The Committee recalls its 2006 general observation in which it points out that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3). For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, and responsibilities or working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias; it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to indicate in its next report any measures taken or envisaged to promote the use of methods of objective job evaluation and the results of any such evaluation undertaken.

Enforcement of the principle of equal remuneration. The Committee notes the Government’s indication that despite the absence of specific training on equal remuneration, more than 100 labour officers attended training on modern labour inspection techniques. The Committee welcomes the allocation of material means, including transportation that will increase the performance and the efficiency of labour inspections. The Committee asks the Government to continue to provide information on any developments relating to the training and work of labour officers in the field of equal remuneration, including extracts of inspection reports.

Zanzibar

The Committee notes with interest that Employment Act No. 11 of 2005, which came into force on 7 October 2005, includes a definition of the term “remuneration” in accordance with Article 1(a) of the Convention (section 3(1) of the Act) and requires the employer to guarantee equal remuneration for men and women for work of equal value (section 10(2)(b)).

The Committee further notes the information provided by the Government on the methods for determining rates of remuneration in Zanzibar, through the establishment and functioning of the Wages Advisory Board. It notes in particular that the principle of equal remuneration for work of equal value is not included in the Employment Act among the criteria that should be taken into consideration by the Wages Advisory Board when discharging its functions. The Committee asks the Government to supply information on the wage orders in force for Zanzibar, and the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account in the determination of wage rates, including minimum wages. It also asks the Government to indicate how cooperation with employers’ and workers’ organizations is ensured in practice with respect to equal remuneration between men and women for work of equal value, and whether the Wages Advisory Board has addressed this principle in practice.

The Committee notes the Government’s indication that there are no statistics regarding the remuneration of men and women for Zanzibar and that in this regard technical assistance will be sought in due course. The Committee asks the Government to undertake the necessary steps to collect and compile data on the earning levels of men and women, by economic activity and occupation, in both the public and private sectors. In the meantime, please provide statistical information on the distribution of men and women in the various sectors of the economy, and any statistics available on their respective levels of remuneration.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(b) of the Convention. HIV and AIDS. In its previous comments, the Committee requested the Government to provide information on the application in practice of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 with regard to employment and occupation. The Committee notes the information provided by the Government regarding the legal framework prohibiting discrimination based on HIV/AIDS status and the sanctions provided by the HIV and AIDS Act and the Employment and Labour Relations Act No. 6 of 2004. The Committee requests the Government to provide information on the practical application of Act No. 28 of 2008, including on any violations of its anti-discrimination provisions reported to or detected by the labour officers, and sanctions applied and any developments regarding the adoption of regulations regarding section 28 of this Act pursuant to section 52(m). If such regulations have been adopted please provide a copy.

Article 2. National policy to promote equality and eliminate discrimination on grounds other than sex. The Committee notes from the Government’s report that issues relating to denouncing discrimination and promoting equal opportunity in employment are being mainstreamed into labour administration and inspection instruments such as inspection forms and compliance orders. The Government also states that it is expected that the technical cooperation Project on Improving Labour Law Compliance, in collaboration with the ILO, will assist in providing the labour officers with relevant knowledge on equality and discrimination. The Committee notes however that the Government does not provide any information on equality plans prepared and registered by employers with the Labour Commissioner under the Employment and Labour Relations Act. The Committee recalls that, while affirmation in legislation of the principle of equality may be an element of national policy aimed at equality of opportunity and treatment in employment, it cannot by itself constitute a policy within the meaning of Article 2. Specific action must be taken at the national level to help promote the essential conditions for all workers to benefit in practice from equality in employment and occupation (Special Survey on Equality in Employment and Occupation, 1996, paragraphs 278–279). In this regard, the Committee notes the Government’s statement that it is taking a number of measures to ensure that vulnerable groups, including those living in rural areas, have access to improved standards of living and income-generating activities. The Committee requests the Government to provide information on any specific action taken to promote equality of opportunity and treatment and non-discrimination on the grounds of race, colour, political opinion, religion, national extraction and social origin (Article 1(1)(a) of the Convention) and on any other grounds of discrimination prohibited by national legislation, whether through positive measures or otherwise, in collaboration with employers’ and workers’ organizations. The Committee further requests the Government to provide more detailed information on the manner in which it promotes employment opportunities for vulnerable groups of society, in particular in rural areas.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes that more than 300,000 women secured loans from the Women Development Fund and 67,000 from the recently established Economic Empowerment Council. It further notes that the Tanzanian Women’s Bank promotes economic activities undertaken by women. The Committee notes however from the Decent Work Country Profile for Tanzania (2010) that women’s participation in wage employment remains low at 29.5 per cent in 2006 and women are under-represented in the highest occupational categories such as legislators, administrators and managers (16.5 per cent in 2006), professionals (35 per cent in 2006) and technicians and associate professionals (39.1 per cent in 2006). In addition, women are concentrated in sectors and jobs that tend to be less remunerated and have less careers prospects. The Committee requests the Government to provide information on the measures taken or envisaged to combat the significant occupational gender segregation on the labour market and provide women with a wider range of employment opportunities, including in the highest paid sectors and at the managerial and decision-making levels, through, for example, education and vocational training. In this respect, please also provide information on the activities of the newly established Training Fund for Women.

Article 3(a). Cooperation with the social partners. The Committee requests the Government to indicate whether the Labour, Economic and Social Council (LESCO) has addressed equality of opportunity and treatment and the elimination of discrimination at the workplace, and, if so, to provide information on the outcome of such discussions.

Article 3(d). Employment under the direct control of a national authority. Public sector. The Committee reiterates its request for the following:

• (i) information on the measures taken or envisaged to promote the access of women to high-level posts as well as to posts with career prospects in the public service and on the progress made in this regard;
• (ii) statistical data, disaggregated by sex, on the number of men and women employed in the public service.

The Committee also requests the Government to indicate whether, and how, the Public Service Commission addresses the issues of discrimination and equality in public employment, when discharging its functions.

Zanzibar

With respect to the implementation of the anti-discrimination and equality provisions of Employment Act No. 11 of 2005, the Government indicates that the promotion of equality and the elimination of discrimination are done through labour inspections at the workplace and advice by labour officers. It further indicates that no cases or complaints were reported regarding discrimination in employment or occupation. While noting this information, the Committee recalls however that, under section 10(2)(a) of the Employment Act of 2005, every employer shall take positive steps to promote equal opportunity in the workplace and eliminate discrimination in employment policy or practice. The Committee once again requests the Government to indicate the measures taken by employers to promote equality and eliminate discrimination with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers. It further requests the Government to continue to provide information on the measures taken to raise awareness of the anti-discrimination provisions of the Employment Act and the legal remedies available, among workers and employers.

The Committee notes from the Government’s report that the Employment Policy of 2009 for Zanzibar, which is only available in Swahili, makes provisions for the promotion of employment of women and disabled persons. The Committee requests the Government to provide information on the specific action and measures taken or envisaged within the framework of the Employment Policy to provide women and disabled persons with employment opportunities. Please also provide any statistical information available on the distribution of men and women in both the public and private sectors, by branch of economic activity.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government in reply to its request concerning the measures taken to promote women’s access to income-generating activities in the formal and informal economies, in particular information on the measures taken to promote access by women to credit. The Committee also notes that, according to the Government’s 2005 report  on the implementation of the Platform for Action (Beijing +10), it had initiated a number of programmes and projects aimed at developing self‑employment in rural and urban areas, with special emphasis on increasing the employment possibilities for poor women. The Committee requests the Government to provide information on the implementation of these programmes, projects and measures, as well as on their impact in terms of the employment of women, including self-employment, in both rural and urban areas. In this regard, it once again requests the Government to provide any statistical information available on the position of men and women in the labour market.

Access of women to education and vocational training. The Committee wishes to emphasize that access to education and vocational training is an important prerequisite for access to a wider range of better paid jobs requiring higher qualifications. In that context, the Committee notes that, according to the Government, the participation of women in vocational training is encouraging. However, it also notes that, according to the Beijing +10 report, stereotypes relating to the roles of men and women in society continue to limit the access of girls to formal education, particularly higher education, and that the challenge is to encourage girls and women to pursue training traditionally reserved for men or dominated by men. In this report, the Government adds that the access of girls to higher education has always been limited for other reasons, such as the lack of financial resources and early marriages. Noting this information, the Committee requests the Government to indicate the measures taken or envisaged to facilitate and encourage the access of girls and women to higher education and to training in which they are underrepresented and to promote the diversification of the jobs held by women, including measures designed to combat sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy.

Article 3(a). Cooperation with the social partners. The Committee notes that the Government mentions in its report that the social partners have carried out awareness-raising activities designed to promote equal opportunity and eliminate discrimination in workplaces. The Committee requests the Government to provide detailed information on the types of cooperation established with employers and workers in order to facilitate social dialogue on matters relating to non-discrimination and equality in employment and occupation.

Article 3(d). Public sector. The Committee notes the statistical information provided by the Government concerning the proportion of men and women employed in high-level posts in the public sector. It welcomes that, with a few exceptions, the proportion of women in high-level posts increased between 2004–05 and 2008–09, even if, at best, women do not account for more than 41 per cent of staff, which is the case, for example, in the position of regional administrative secretary. The Committee encourages the Government to continue its efforts to promote the access of women to high-level posts as well as to posts with career prospects in the public service, and requests it to provide information on the measures taken or envisaged to that end and on the progress made. The Government is also requested to provide information on any measures designed to eliminate discrimination on any of the grounds mentioned in Article 1 of the Convention and to promote equal opportunity at all levels of the public service. Furthermore, noting the Government’s statement that the minister responsible for the public service is currently in the process of carrying out a full audit of human resources in order to gather statistical data on the number of men and women employed in the public service, the Committee hopes that the Government will be able to provide this information in its next report.

Positive measures. The Committee notes that the Employment and Labour Relations Act, 2004 specifies that the adoption of positive measures compatible with the promotion of equality or the elimination of discrimination in the workplace does not constitute discrimination (section 28(4)(a)). The Committee therefore requests the Government to provide information on the specific measures taken or envisaged to encourage the access of persons belonging to the most vulnerable groups of the population, in particular the disabled and persons living in rural areas, to employment, an occupation or income‑generating activities.

Zanzibar

The Committee notes the information concerning Zanzibar provided by the Government. Noting that the Government mentions the adoption of an employment policy in 2009 which includes issues relating to the situation of women in employment and aims to improve the job prospects of disabled persons, the Committee requests the Government to provide a copy of that policy with its next report.

The Government also indicates that the Employment Act (Act No. 11 of 2005) provides that every employer shall take measures to promote equal opportunity in the workplace, eliminate discrimination and ensure equal pay for equal work for men and women. The Committee requests the Government to indicate the measures taken by employers under the non-discrimination provisions of the 2005 Employment Act with regard to the recruitment, training, promotion, ongoing employment and employment conditions of workers, and to provide a copy of that Act. The Government is also requested to indicate the measures taken or envisaged to promote equality of opportunity and treatment and to combat any form of discrimination in the workplace on any grounds prohibited by the Convention (race, colour, sex, religion, political opinion, national extraction or social origin) and to provide information on any cases of discrimination in employment or occupation dealt with by the competent authorities.

Furthermore, the Committee notes that programmes designed to improve knowledge of the labour legislation are broadcast over the radio and on the television in Zanzibar. Please clarify whether these programmes tackle the issues of equality and non-discrimination in employment and also provide information on any other awareness-raising activities targeting the public in general, but also specifically targeting workers, employers and their organizations.

Finally, noting the Government’s indications that inspections carried out in workplaces also raise awareness of the labour legislation, the Committee requests the Government to provide as detailed information as possible on the activities of labour inspectors with regard to combating discrimination and their results (extracts from inspection reports available, etc.).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes the adoption of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, which, inter alia, make provision for the elimination of discrimination at the workplace and the promotion of equality of opportunity and treatment in employment. The Committee further notes that section 5(c) of the Rules provides that the equality plan adopted by the employer under section 7(2) of the Employment and Labour Relations Act, 2004, shall contain plans to eliminate discrimination under which “with regard to job classification and grading, remuneration, employment benefits and terms and conditions of employment, the employer may require an audit to ensure these relate strictly to objective criteria, such as the inherent job requirements”. While noting the information provided under the Government’s report of 2009 under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that to date only a small number of equality plans have been registered with the Labour Commissioner, the Committee asks the Government to supply information on any measure taken in the context of such equality plans to address wage discrimination and to promote the principle of equal remuneration for work of equal value. The Committee also asks the Government to supply information on the practical application of section 5(c) of the above Rules, including information on any audits undertaken and the results thereof.

Wage boards. The Committee notes that eight wage boards have been in place since April 2006. The Government states in its 2009 report that the boards conducted an investigation into minimum remuneration and other conditions of employment in their respective sectors and made recommendations to the Minister of Labour who issued a wage order. Further to the issue of the wage order and the complaints and strikes that it caused, the Government, after consultation with the Labour, Economic and Social Council (LESCO), contracted consultancy services to conduct an impact assessment study on the wage order and on the whole process of fixing sectoral minimum wages. The Committee further notes that once this study was transmitted to the Minister of Labour, wage boards were able to issue new recommendations which were then submitted to the Minister for further action. The Committee asks the Government to provide information on the action taken by the Minister on the basis of the assessment study received and on the new recommendations issued by the wage boards. Furthermore, recalling that minimum wages are an important means of applying the Convention, the Committee asks the Government to indicate how it is ensured that, when wage boards determine minimum wage rates, jobs predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men. The Committee would also be grateful if the Government would provide information on the guidelines to be used by the wage boards, mentioned in its 2007 report as being developed on the basis of ILO standards and the Constitution of the United Republic of Tanzania. Please also provide copies of the new wage orders once issued.

Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that a few collective agreements have been concluded under the new Employment and Labour Relations Act, 2004. The Committee therefore asks the Government to indicate whether and to what extent the principle of “equal remuneration for work of equal value” is reflected in collective agreements and to supply examples of such collective agreements. The Committee also asks the Government to indicate the measures taken or envisaged to promote the principle in cooperation with workers’ and employers’ organizations, including measures to raise awareness of the concept of “work of equal value”.

Objective job evaluation and enforcement of the principle of equal remuneration. The Committee notes the Government’s indication that the Open Performance Appraisal System (OPRAS) method is used in the public service to evaluate jobs and determine the levels of remuneration. As regards the private sector, the Committee notes that according to the Government’s report of 2007 a communication strategy was being finalized at the time, with a view to promoting the development and use of a method of objective job appraisal in the context of collective bargaining and at the enterprise level. With reference to its General Survey of 1986 on equal remuneration (paragraphs 138–152), the Committee draws the Government’s attention to the difference between a system of performance appraisal and an objective job evaluation: while the first aims at evaluating the performance of an individual worker in his or her job, the purpose of objective job evaluation is to measure the relative value of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance, using criteria such as skill, effort, responsibilities and working conditions. The Committee further notes the Government’s indication in its report of 2009 that labour officers were not provided with specific training on the role of objective appraisals as a means of compliance with the equal remuneration provisions of the Employment and Labour Relations Act, 2004, and that the Government expresses the need for ILO technical assistance in this regard. The Committee therefore asks the Government to provide information on the methods used or envisaged to measure and compare objectively the relative value of jobs in the private and the public sectors. It also asks the Government to take the necessary measures to provide labour inspectors with specific training and with adequate means and tools in order to be in a position to identify and address discrimination in respect of remuneration and violations of the principle of equal remuneration for men and women for work of equal value. The Government is asked to communicate extracts of inspection reports regarding enforcement of the relevant provisions of the Employment and Labour Relations Act and any relevant judicial decisions.

Statistics. The Committee notes the Government’s indication that there is no updated information disaggregated by sex on the levels of remuneration of men and women in the various sectors and occupational groups. The Commission encourages the Government to make every effort to ensure that such statistics are collected with a view to gaining an adequate appreciation of the nature, extent and causes of the existing remuneration gaps between men and women and designing measures to address them accordingly. The Government is requested to provide information on any measures taken in this respect and to communicate whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

Regretting that the Government’s report contains no information in reply to the its direct request of 2005 with regard to the application of the Convention in Zanzibar, the Committee asks the Government to provide information concerning this territory regarding the following:

(a)   the application of the principle of equal remuneration for men and women for work of equal value by means of legislation;

(b)   the methods used by the social partners and the Wages Advisory Board to determine rates of remuneration without discrimination based on sex;

(c)   the measures taken by the Government to promote objective job evaluation on the basis of the work to be performed both in the private and in the public sectors;

(d)   the manner in which the labour inspection services supervise and ensure the application of the relevant labour legislation on equal remuneration and the results achieved; and

(e)   the practical application of the Convention, including any statistical data available disaggregated by sex on the remuneration of men and women, by branch, economic activity and occupation in both the public and private sectors.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 paragraph 1(b) of the Convention. Legislative developments. HIV/AIDS. The Committee notes with interest the adoption in 2008 of the Act on HIV and AIDS (Prevention and control), Part VII of which covers stigmatization and discrimination. The Act contains provisions providing, inter alia, that: (a) nobody shall formulate “a policy, promulgate a law or act in a manner that discriminates directly or by its implications against persons living with HIV and AIDS, orphans or their families” (section 28); (b) a person shall not stigmatize or discriminate in any manner against any other person on the grounds of such other person’s actual, perceived or suspected HIV/AIDS status (section 31); and (c) a person may not deny any person employment opportunity on the grounds of the person’s actual, perceived or suspected HIV/AIDS status (section 30(c)). The Committee asks the Government to provide information on the application in practice of the 2008 Act on HIV and AIDS (Prevention and control) with regard to employment and occupation, and to indicate whether any regulations regarding section 28 of this Act have been made pursuant to section 52(m) and, if so, to provide a copy.

Articles 1 and 2. Implementation of the provisions concerning the prohibition of discrimination and the promotion of equality of opportunity and treatment. Enforcement. In its previous comments, the Committee requested the Government to provide information on the measures taken to promote and ensure the implementation of the provisions of the Employment and Labour Relations Act, 2004 relating to equality and non-discrimination, and to indicate the number of equality plans that have been registered by employers with the Labour Commissioner under that Act. According to the Government’s report, since the adoption of the Employment and Labour Relations Act and its regulations in 2004 and 2007 respectively, awareness-raising activities have been carried out by the tripartite constituents to promote equal opportunities and eliminate discrimination in all workplaces. The Government also indicates that few equality plans have been registered with the Labour Commissioner and that, to rectify this situation, the supervision of the application of the legislative and regulatory provisions relating to equality has been included in the tools used by labour inspectors to ensure that employers are taking all the necessary measures to comply with the legal provisions concerned. In this regard, the Committee notes that the Government would like to be able to benefit from technical assistance from the ILO to strengthen the capacities and knowledge of labour inspectors with regard to equal opportunity and treatment in employment and occupation and urges the Government to take the necessary steps to obtain that assistance.

Noting this information and, in particular, the Government’s efforts to strengthen the supervision of the application of the legal provisions relating to non-discrimination and equality, the Committee requests the Government to take the necessary measures to encourage employers to draw up and register the plans provided for under the Employment and Labour Relations Act 2004 with the Labour Commissioner as soon as possible, and to continue providing information on the number of equality plans registered as well as their content. The Government is also requested to provide information on:

(i)    the measures taken or envisaged at the national level to combat discrimination on any grounds prohibited by the 2004 Act and to promote equal opportunity in employment for the entire population;

(ii)   the means and tools available to inspectors to ensure supervision of the application of the legal provisions relating to equality and combating discrimination;

(iii) the labour inspectorate’s activities involving employers and workers and their organizations (activities relating to the supervision of establishments and advisory activities), violations reported and the outcome of the proceedings initiated;

(iv)  the steps taken to obtain technical assistance from the Office for the purposes of providing labour inspectors with relevant training.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Gender equality. The Committee recalls its previous comments concerning the need to address the situation of women in the formal and the informal economy. While the Government has provided detailed information on measures taken to promote women’s equality in the private and public sectors, it has not yet provided information regarding the informal economy. The Government is requested to provide information on any measures taken or envisaged to promote women’s access to income-generating activities. Please also provide updated statistical information on the position of men and women in the labour market.

Article 3(e). Vocational training. The Committee notes the information provided by the Government regarding the participation of men and women in vocational training. The information suggests that there has been a slight increase in the share of women attending such training between 2005 and 2006. The Committee requests the Government to continue to provide information on the participation of men and women in vocational training, including indications on the share of men and women in the different areas of specialization.

Zanzibar

The Committee notes that it has not yet received the requested information concerning the application of the Convention in Zanzibar. The Government is requested to provide detailed information on the measures taken to promote and ensure equality of opportunity in employment and occupation in the private and public sectors in Zanzibar, information on cooperation with workers’ and employers’ organizations with a view to promoting equality, public awareness-raising efforts, vocational training, and the enforcement of relevant laws and regulations. The Committee also requests the Government to provide statistical information regarding the labour force in Zanzibar, disaggregated by sex and ethnicity.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Practical application. The Committee notes the adoption of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, made under section 99(1) of the Employment and Labour Relations Act, 2004. It notes with interest that Part III of the Rules contains detailed provisions on the elimination of discrimination at the workplace. The rules set out definitions of direct and indirect discrimination, and elaborate on the employers’ obligation to develop, publish at the workplace and implement a plan to prevent discrimination and to promote equal opportunity in employment. These plans have to be developed in consultation with trade unions and should, if possible, be included in a collective agreement. The Rules further state that collective agreements shall not contain provisions which discriminate against employees on any of the prohibited grounds. Further, specific guidance concerning equal opportunity and treatment in advertising, selection, training, and performance reviews is provided. The Committee notes the Government’s indication that it is carrying out sensitization activities to raise knowledge among workers and employers of the new labour legislation and that the process of developing equality plans was ongoing. The Committee requests the Government to provide information on the measures taken to promote and ensure the implementation of the equality provisions of the Employment and Labour Relations Act, 2004. In this regard, please provide information on the number of equality plans that have been registered with the Labour Commissioner and indicate whether any administrative or judicial decisions have been issued concerning the Act’s equality provisions.

Public service. The Committee notes with interest the detailed information provided by the Government on the application of the Convention in the public service. The Public Service Management and Employment Policy provides that selection and recruitment must not involve overt or unintended discrimination against women, persons with disabilities and other vulnerable groups. Job advertisements specify that women are encouraged to apply. The Public Service Regulation 2003 provides that, where a man and a woman are equally competent, preference as regards selection should be given to the woman (section 4(12)). The Government also stated that in 2007 the President’s Office was undertaking a review of public service rules and regulations governing affirmative action, discrimination and diversity. The creation of gender focal points in all ministries and government agencies is envisaged and short-term and postgraduate training has been provided to women public servants. The Committee also notes the information concerning measures taken with regard to developing guidelines to manage public servants with disabilities and guidelines on HIV/AIDS at the workplace. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity and treatment in the public service, including information on the results achieved by such action. In this regard, please provide updated statistical information on the number of women and men employed at the different levels of the public service.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Legislation. The Committee notes that the Employment and Labour Relations Act, 2004, entered into force on 1 August 2006. It recalls that the Act prohibits direct and indirect discrimination based on sex with respect to remuneration and requires employers to take positive steps to guarantee equal remuneration for men and women performing work of equal value (sections 7(4) and 7(9)). The Committee asks the Government to provide information on the practical application of the Act, including information on measures to address wage discrimination and promote the principle of equal remuneration for men and women for work of equal value provided for in equality plans adopted under section 7(2).

2. The Committee notes that the Public Service Act, 2002, repealed the Civil Service Act, 1989. It asks the Government to indicate how respect for the principle of equal remuneration for men and women for work of equal value is ensured in the public service, including information on the methods used to evaluate jobs and assign remuneration levels in a non-discriminatory manner. Please provide any regulations issued under the Public Service Act concerning the remuneration for public servants.

3. Wage boards. The Committee notes that the Labour Institutions Act, 2004, which provides for the establishment of tripartite wage boards entered into force on 1 February 2005. The Government indicates that the Minister of Labour has already appointed tripartite wage boards for the mining, agriculture and domestic services sectors. The Government also states that the Labour, Economic and Social Council is scheduled to convene before 1 August 2006, inter alia, to advise the Government on the manner in which the wage boards may ensure the principle of equal remuneration for work of equal value in the determination of minimum rates of remuneration, so as to avoid gender bias and discrimination based on sex. The Committee asks the Government to provide information on the outcome and follow-up to these deliberations.

4. Collective agreements. The Committee notes the Government’s indication that, due to the very recent entry into force of the Employment and Labour Relations Act, no information concerning the application of the Convention by means of collective agreements was yet available. It therefore asks the Government to provide, in its next report, information on the manner in which collective agreements apply the principle of equal remuneration for men and women for work of equal value and to supply examples of relevant collective agreements.

5. Objective job appraisal. The Committee notes the Government’s statement that the first measure taken to promote objective appraisal of jobs on the basis of the work performed was the appointment of labour officers who are trained and competent to supervise compliance with the relevant labour legislation. The report also states that no information was yet available on how employers and workers are relying on objective job appraisal to determine wages. The Committee asks the Government to provide information on the manner in which it promotes the development and use of methods for objective job appraisal in the context of collective bargaining and at the enterprise level. It also asks the Government to indicate whether any specific training is being provided to labour officers concerning the principle of equal remuneration for work of equal value and the role of objective appraisals as a means of ensuring compliance with the equal pay provisions contained in the Employment and Labour Relations Act.

6. Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that the Labour, Economic and Social Council advises the Government concerning economic growth and social equality policies, including the issue of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide details on the content of any recommendations made by the Council relating to equal pay and the application of the Convention.

7. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the legal provisions concerning non-discrimination in respect of remuneration and the application of equal remuneration for work of equal value between men and women. Please also provide information on whether any administrative or judicial decisions have been issued in relation to the relevant provisions of the labour legislation, including information on their findings, as well as remedies awarded and sanctions imposed.

8. Statistical information. The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the income levels of men and women in the various sectors and occupational groups, as well as information on the proportion of women in decision-making and management posts.

9. Noting that the Government’s report contains no information in reply to points 8 to 13 of the Committee’s previous direct request (attached for ease of reference) concerning the application of the Convention in Zanzibar, the Committee trusts that the Government will provide the information requested in its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(1)(b) of the Convention. Prohibited grounds of discrimination. Recalling that sections 7(4) and 8 of the Employment and Labour Relations Act, 2004, refer to a number of prohibited grounds of discrimination other than those explicitly listed in Article 1(1)(a) of the Convention, the Committee notes with interest from the Government’s report that the Government considers these additional grounds to be covered by the Convention.

2. Practical application. The Committee notes the Government’s indication that the Employment and Labour Relations Act entered into force on 1 August 2006. Accordingly, information on the practical application of the Act’s provisions concerning non-discrimination and equal opportunities was not yet available. The Committee requests the Government to supply such information in its future reports, including information on the adoption and implementation of equality plans at the enterprise level and relevant judicial or administrative decisions enforcing the relevant provisions of the Act.

3. The Committee notes that the Government, in cooperation with workers’ and employers’ organizations through the Labour, Economic and Social Council, was in the process of issuing rules, regulations, codes of good practice and guides on the elimination of discrimination in employment. The Committee welcomes this initiative and requests the Government to keep it informed of the progress made in the issuing of such instruments and tools, and to supply copies of them once they are finalized.

4. Public service. The Committee notes that the Public Service Act, 2002, repealed the Civil Service Act, 1989. It requests the Government to provide detailed information on the measures taken to ensure equality of opportunity and treatment in civil service employment, including measures to promote gender equality in the civil service. Please indicate any relevant regulations issued under the Public Service Act.

5. Finally, noting that the Government’s report does not contain information in reply to points 4, 6, 9-12, as well as 14 of its previous direct request (attached for ease of reference), the Committee hopes that the Government will provide the information requested in its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided by the Government in its first report, and asks the Government to provide additional information on the following points.

1. Part I of the report form. Legislation and regulations relating to the application of the Convention in the civil service. The Committee notes the Civil Service Act, 1989, which replaces the 1962 Civil Service Act, and that section 26(a) of the Act upholds regulations issued under the Civil Service Act of 1962, as valid until replaced by new regulations. The Committee further notes the Police Force and Prisons Service Commission Act of 1990 and the Teachers’ Service Commission Act of 1989. In order to undertake a more complete examination of the application of the Convention with respect to the public service, the Committee asks the Government: (i) to confirm in its next report whether the abovementioned legislation is still in force; (ii) whether it applies to civil servants in both mainland Tanzania and Zanzibar; and (iii) to provide copies of any regulations adopted by the commissions established under the respective Acts relevant to the application of the Convention in the public service.

Mainland Tanzania

1. Articles 1 and 2 of the Convention. Legislation. The Committee notes with interest that article 23(1) of the Constitution of the United Republic of Tanzania provides for the right to equal remuneration without discrimination. It also notes with interest the adoption of the Employment and Labour Relations Act, 2004 (ELRA), which appears not yet to have come into force, and which applies to "all employees, including those in the public service", except members of the peoples’ defence forces, the police force, the prisons service and the national service. The Act prohibits indirect and direct discrimination based on sex in any employment policy and practice, including remuneration (sections 7(4) and (9)), and requires employers to take positive steps to guarantee equal remuneration for men and women performing work of equal value (section 7(10)); section 7(2) of the ELRA provides that an employer shall register with the Labour Commissioner a plan to promote equal opportunity and to eliminate discrimination in the workplace. The Committee asks the Government to indicate in its next report whether and when the ERLA has entered into force and to provide information on its practical application in both the public and private sectors. Please also provide information on whether any equality plans have been registered with the Labour Commissioner which include measures to eliminate wage discrimination and to promote equal remuneration for men and women for work of equal value.

2. Wage boards. The Committee notes that, according to sections 35(1) and 36 of the Labour Institutions Act of 2004, the Minister may appoint a tripartite wage board in respect of an area or sector to investigate remuneration and terms and conditions of employment. Based on the recommendations and findings of the wage board, the Minister can make wage orders determining minimum wages and conditions of employment for a particular sector or area. The Committee further notes with interest that section 37(a-b) of the Act provides that the wage board shall take into account article 23 (equal remuneration) of the Constitution and any applicable ILO Conventions or Recommendations. The Government is asked to provide copies of relevant wage orders made by the Minister in the various sectors of the economy and an indication of the men and women covered by them. Please also provide information on the manner in which the wage boards ensure the principle of equal remuneration for work of equal value in the determination of minimum rates of remuneration, so as to avoid gender bias and discrimination based on sex.

3. Collective agreements. The Committee notes that section 8(1)(b) and (c), prohibits trade unions or employers’ organizations from discriminating directly or indirectly on the grounds of sex in any employment policy or practice, including with respect to remuneration (section 7(9)(c)), and in collective bargaining agreements. It asks the Government to provide copies of relevant collective agreements and information on the methods used by the social partners to determine rates of remuneration without discrimination based on sex. The Committee would also be grateful to receive information on the manner in which the Government is promoting the inclusion of equal pay provisions in collective agreements.

4. Article 3. Objective appraisal of jobs on the basis of the work to be performed. Noting the absence of information in the Government’s report on this point, the Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women. It asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed in both the public and private sectors. Please also provide information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of objective job evaluation free from gender bias.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that Part II of the Labour Institutions Act, 2004, establishes a Labour, Economic and Social Council, comprised of equal representatives from the Government, employers’ organizations, employees’ organizations and experts on economic and social affairs, to advise the Labour Minister on issues related to the promotion of economic growth and social equality and policies, as well as labour market policies. The Government is asked to indicate in its next report whether the Council has given any consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide additional information on the measures that have been taken to promote cooperation with employers’ and workers’ organizations and what results have been obtained from these measures.

6. Parts III and IV of the report form. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women, including information on the methods used. Please also provide information on whether any administrative or judicial decisions have been issued involving the principle of the Convention, including information on their findings, remedies and sanctions.

7. Part V of the report form. Practical application and statistics. The Committee notes the data provided by the Integrated Labour Force Survey 2000/2001 showing that the overall average monthly income of Tanzanian women is consistently lower than their male counterparts across all industries and occupations (with women’s average monthly income being 71.4 per cent of men’s). For example, women’s mean monthly income is significantly lower than men’s among professionals (63.8 per cent of men’s), clerks (68.8 per cent), service and shop workers (48.3 per cent), skilled agriculture and fisheries workers (52 per cent), craft and related workers (55.4 per cent), plant and machine operators (65.8 per cent) and elementary occupations (75.6 per cent). Similarly, women’s average monthly income is lower as compared to men’s in the various industries such as mining and quarrying (34.8 per cent of men’s), manufacture (34.6 per cent), electricity and gas (51.3 per cent), trade (62.3 per cent), agriculture/forestry/fishing (68.5 per cent), personal services (71.9 per cent), construction (89.1 per cent) and finance (94.1 per cent). Furthermore, women earn only 59.3 per cent of men’s mean monthly income in the housework duties sector, where wages are often below the official minimum wage. On the other hand, the figures show that the gender income gap is relatively small for paid employment in the central/local government and parastatal organizations where women’s average income is respectively 91.5 per cent and 92.7 per cent of men’s. The Committee notes that the survey indicates that one of the possible reasons for the existing income gap could be the fact that very few women are employed in higher paid occupations. The Committee asks the Government to provide information on the measures taken to promote the full application of the Convention, to address existing wage and income inequalities between men and women in the various occupations and industries and to promote the employment of women in higher paid jobs. Please also continue to provide statistical information, disaggregated by sex, on the income levels of men and women in the various sectors, occupational groups and levels of employment in both the public and private sectors in the United Republic of Tanzania.

Zanzibar

8. Article 1(a) and (b). Giving legal expression to the principle of equal remuneration for work of equal value. The Committee understands that Zanzibar has recently adopted the Employment Act, 2005, a copy of which has not yet been received by the Office. The Committee notes that in 2003, the Office commented extensively on the draft Employment Bill and recommended, among other things, the insertion of a definition of remuneration that would more fully reflect the notion of remuneration set forth in Article 1(a) of the Convention. Furthermore, although section 10 (prohibition of sex discrimination in employment policy and practice) and sections 11(6) and (10)(d)(iv) of the draft Bill (promoting equality of opportunity and the elimination of discrimination in employment policy and practice, including remuneration) provided a good basis for legal protection from employment discrimination on the basis of sex, including with regard to remuneration, a provision explicitly requiring employers to guarantee equal remuneration for men and women for work of equal value would have greatly improved the Bill. The Committee hopes that the new Employment Act of 2005 has taken into account these recommendations, and it asks the Government to provide a copy of the Act and an indication of its entry into force.

9. Article 2. Methods for determining rates of remuneration. The Committee notes that under the former Labour Act No. 3 of 1997, wages, including minimum wages, could be set by a contract of employment, collective agreement or wage orders. Similarly, under the draft Employment Bill, wages are fixed by an employment contract, by collective agreement or by a wage order, including minimum wage orders, established upon recommendation of the Wages Advisory Board (draft section 89). The Committee asks the Government to provide copies of wage orders that have been established under the former Labour Act of 1997 and which are still in force, and relevant collective agreements setting wage scales and minimum wages in the various sectors of the economy. Please also provide information on the methods and criteria used by the social partners and the Wages Advisory Board to determine rates of remuneration without discrimination based on sex.

10. Article 3. Objective appraisal of jobs. Noting the absence of information in the Government’s report on this point, the Committee recalls its comments under paragraph 4 of this direct request, and asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed in both the public and private sectors. Please also provide information concerning the extent to which employers and workers have embarked upon fixing wages in collective agreements on the basis of objective job evaluation free from gender bias.

11. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the composition of Zanzibar’s Wages Advisory Board established by section 90 of the draft Bill will be tripartite. The Committee would be grateful to receive information on the manner in which the Wages Advisory Board will be promoting the inclusion of equal pay provisions in collective agreements. Please also provide additional information on any other measures that have been taken to promote cooperation with employers’ and workers’ organizations and state what results have been obtained from these measures.

12. Parts III and IV of the report form. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women, including information on the methods used. Please also provide any relevant administrative or judicial decisions involving the principle of equal remuneration for work of equal value, and an indication of how wage discrimination complaints have been handled, including information on their findings, remedies and sanctions.

13. Part V of the report form. Practical application and statistics. The Committee notes that the Government provides no information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value in Zanzibar.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s first report and requests the Government to provide additional information on the following points.

Mainland Tanzania

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that the Employment and Labour Relations Act, 2004 (ELRA), has apparently not yet entered into force. The Committee notes that the ELRA will apply to public and private employees in mainland Tanzania, except for members of the peoples defence forces, the police force, the prisons service and the national service (Section 2(1)(i-iv)). The Committee notes with interest that section 7 of the ELRA provides protection against direct and indirect discrimination in employment policies or practices on all grounds set forth in Article 1(1)(a), and that it requires employers to promote equal employment opportunities. The Committee asks the Government to provide information on the practical application and enforcement of the ELRA’s provisions on non-discrimination and equal opportunities, including information on any cases involving the application of these provisions dealt with by the competent labour institutions, including the labour inspectorate and the labour court.

2. Additional grounds. The Committee notes that sections 7(4) and 8 of the ELRA refer to a number of prohibited grounds of discrimination other than those covered by Article 1(1)(a) of the Convention. These additional grounds include nationality, family responsibility, disability, HIV/AIDS, age, station of life and membership in either a trade union or employers’ association. The Committee asks the Government to indicate whether the Government considers these additional grounds to be covered under Article 1(1)(b) of the Convention.

3. Discrimination on the basis sex. Sexual harassment. Recalling its 2002 general observation on this issue, the Committee notes the 1998 amendments to the Sexual Offences Special Provisions Act, 1998, sections 148(D)(1) and 138(D)(3), penalizing sexual harassment, generally, and quid pro quo sexual harassment within the workplace. The Committee also notes that section 7(5) of the ELRA prohibits, but does not define sexual harassment. The Committee requests the Government to provide information on the implementation and enforcement of the above provisions in practice, including any relevant judicial or administrative decisions.

4. Article 1(2). Distinctions based on inherent job requirements. The Committee notes that section 13(3) of the National Employment Promotion Services Act, 1999, provides that "it shall be lawful for the Service to accord preference to citizens and in making such nominations the Service shall have regard to the educational qualifications, the background, the character and antecedents of the nominee and to the national economy, and accord preference accordingly". Noting that criteria such as background, character and antecedent may include the risk of discrimination on the basis of race, national extraction or social origin, the Committee asks the Government to provide further information regarding the practical application of these provisions.

5. Article 2. Measures to promote equality of opportunity and treatment. The Committee notes with interest that under section 7 of the ELRA employers are required to register plans to promote equal opportunity and to eliminate discrimination in the workplace with the Labour Commissioner and that affirmative action measures are permitted. The Committee asks the Government to indicate whether regulations concerning the registration of equal opportunity plans have been issued, as envisaged in section 98 of the ELRA, and to provide additional information on how this reporting requirement is implemented in practice. Please also provide indications on content, implementation, and impact of equal opportunity plans and on the use of affirmative action measures to promote equality in practice, irrespective of sex, race, colour, national extraction, social origin, religion or political opinion.

6. Gender equality. The Committee notes that, according to the National Employment Policy, women constitute 54 per cent of the labour force in mainland Tanzania. However, the Integrated Labour Force Survey of 2000-01 prepared by the National Bureau of Statistics revealed inequalities with regard to the position of women in the labour market. For instance, only 18.6 per cent of persons employed by parastatal organizations are women. In respect to employment status, women are underrepresented in the category of paid employment (29.3 per cent). In this context, the Committee notes that the United Nations Development Assistance Framework for Tanzania (2002-06) identified discrimination of women as reflected in stereotypical occupations with minimum qualifications as a key concern. The Committee requests the Government to keep it informed on the measures taken to strengthen the position of women in the formal and informal labour market. Please provide information on the measures taken to promote equal access of men and women to employment in the government, parastatal and private sectors, and to promote women’s equal access to income-generating activities in the informal economy; and updated statistical information concerning the position of men and women in the labour force.

7. Article 3(a). Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee also notes the Government’s indications that consultations with workers’ and employers’ organizations are taking place on matters of mutual concern, including the elimination of discrimination in employment and occupation. The Committee would appreciate receiving more detailed information on how the Government cooperates with employers’ and workers’ organizations, as well as other appropriate bodies, with a view to promoting equality in employment and occupation. Please indicate whether the Labour, Economic, and Social Council has taken any action to promote the application of the Convention.

8. Article 3(b). Educational programmes. The Committee also notes the Government’s indication that anti-discrimination education and information was being provided to workers. The Committee asks the Government to provide additional explanations on the type and extent of these programmes.

9. Article 3(e). Vocational guidance and training. The Committee notes from the Government’s report that admission to vocational training is open to both young men and women. Please provide further information on the rate of participation of men and women in the various areas of specialization, as well as measures taken to promote vocational and education training for all groups of the population irrespective of race, colour, national extraction, religion, political opinion or social origin.

10. Article 5. Measures of protection and assistance. The Committee notes that employers with more than 50 employees, and vocational training programmes are required to fill a 2 per cent quota for persons with disabilities under section 8 of the Disabled Persons Employment Regulations, 1985. The Committee invites the Government to continue to provide information on the efforts made to assist persons with disabilities to be trained and employed, including additional information regarding the implementation of the 2 per cent quotas for vocational training and employment vacancies.

Zanzibar

11. Article 1. Legislative developments. The Committee understands that Zanzibar has recently adopted the Employment Act, 2005. Please provide a copy of the new legislation with an indication of its entry into force.

12. Articles 2 and 3. The Government is requested to provide information on the measures taken to promote and ensure equality of opportunity in employment and occupation, irrespective of any of the grounds listed in Article 1(1)(a) in Zanzibar, information on cooperation with workers’ and employers’ organizations with a view to promoting equality, public awareness-raising efforts, vocational training, and the enforcement of relevant laws and regulations. The Committee also requests the Government to provide statistical information regarding the labour force in Zanzibar, disaggregated by sex and ethnicity.

Mainland Tanzania and Zanzibar

13. Article 3(d). Legislation and regulations relating to the application of the Convention in the public service. The Committee notes the Civil Service Act, 1989, which replaces the 1962 Civil Service Act, and that section 26(a) of the Act upholds regulations issued under the Civil Service Act of 1962 as valid until replaced by new regulations. The Committee further notes the Police Force and Prisons Service Commission Act of 1990 and the Teachers’ Service Commission Act of 1989. In order to undertake a more complete examination of the application of the Convention with respect to the public service, the Committee asks the Government: (i) to confirm in its next report whether the abovementioned legislation is still in force; (ii) whether it applies to civil servants in both mainland Tanzania and Zanzibar; and (iii) to provide copies of any regulations adopted by the Commissions established under the respective Acts relevant to the application of the Convention in the public service in mainland Tanzania and Zanzibar.

14. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the state. The Committee notes that the Government states that persons engaged in activities prejudicial to the security of the State may be investigated, tried and punished if found guilty, but does not define activities that may be deemed prejudicial to the State. The Committee requests the Government to indicate which activities are being considered as prejudicial to the security of the State.