Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - República Unida de Tanzanía (Ratificación : 1962)

Tanzania mainland

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. 1. Local Government (District Authorities) Act. Referring to its previous comments, the Committee notes the Government’s information in its report that measures that have been taken by district councils in relation to meetings or assemblies as per the Local Government (District Authorities) Act, 1982 relate to public awareness on how citizens shall express their views or conduct meetings or assembly. The Government further indicates that no person is serving a penalty for the expression of political views pursuant to the above Act.

United Republic of Tanzania - Zanzibar

Article 1(a). 1. Penalties imposed Under the Penal Act for seditious offences. The Committee previously noted that section 41 of the Penal Act (No. 6 of 2004) prohibits engaging in a seditious enterprise (section 41(a)(i)), which is punishable by a sentence of imprisonment of up to seven years (imprisonment which involves compulsory prison labour under section 50 of the Offenders Education Act of 1980). The Committee notes the Government’s information that in practice no person convicted under section 41 of the Penal Decree is serving any compulsory labour. The Government further indicates that the Penal Act of 2014 has been repealed by Act No. 6 of 2018. The Committee observes that the new Penal Act of 2018 has retained the same provisions under its section 40(a). The Committee requests the Government to ensure that section 40(a) of the Penal Act of 2018 is not applied in a manner that could lead to the imposition of penalties of imprisonment on persons expressing views ideologically opposed to the established economic, social or political system. It once again requests the Government to provide information on the number of judicial proceedings initiated or convictions applied under this provision with a description of the penalties imposed and the facts that led to the convictions, in order to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Penalties imposed under the Penal Act for false statements or participation in an unlawful assembly. The Committee notes that the Penal Act No 6 of 2018 provides for penalties of imprisonment (which involve compulsory labour) for offences relating to the publication or reproduction of any false statement, rumour or report which is likely to cause fear and alarm to the public or disturb public peace (section 43); and for participating in an unlawful assembly (section 54). In this regard, the Committee recalls that Article 1(a) of the Convention protects persons who express political views or views ideologically opposed to the established political, economic, social, or economic system by establishing that in the context of these activities they cannot be punished with sanctions involving an obligation to work. This also applies in relation to views expressed through the press and other communications media, as well as through various other generally recognized rights, such as the right of association and of assembly. The Committee therefore requests the Government to review the scope of sections 43 and 54 of the Penal Act of 2018 in order to ensure that sanctions involving compulsory labour cannot be imposed as a punishment for holding or expressing political or ideological views. In the meantime, it requests the Government to provide information on any judicial proceedings initiated or convictions applied under this provision with a description of the penalties imposed and the facts that led to the convictions.

3. Societies Act. The Committee previously noted that, pursuant to section 6 of the Societies Act No. 6 of 1995, any person who manages or assists in the management of any unlawful society shall be guilty of an offence and shall be liable to a fine or to imprisonment for a term of six months, or both. The Committee once again notes the Government’s information that no person is currently serving any compulsory service pursuant to section 6 of the Societies Act. The Government further indicates that it is planning to request technical advice from the Office in order to bring the legislation into conformity with the Convention. The Committee hopes that the Government will continue to ensure that this provision is not applied in a manner that could lead to the imposition of penalties of imprisonment on persons expressing views ideologically opposed to the established economic, social or political system. It requests the Government to continue to provide information on the application in practice of section 6 of the Societies Act, particularly regarding any sentences of imprisonment imposed on the basis of this provision.

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