Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes that the Government's report received in 1997 provides information in reply to certain points in its earlier direct request but not in relation to its observations made over many years. The comments made concerned various aspects of the legislation and practice which have raised questions as to compatibility with the prohibition in Article 1(1) of the Convention of forced or compulsory labour, which is in turn defined in Article 2(1), subject to the limited exceptions allowed under Article 2(2). The Committee's observations were last discussed in the Conference Committee in 1992, when the Government representative referred to legislative amendments envisaged; but that Committee expressed its distress at the lack of progress and again urged the Government to take the measures needed.

2. The questions raised have concerned, first, article 25(1) of the 1985 Constitution, concerning the obligation to work, and related provisions in the Local Government (District Authorities) Act, 1982; the Employment Ordinance, 1952; the Human Resources Deployment Act, 1983; the Penal Code; the Resettlement of Offenders Act, 1969; the Ward Development Committees Act, 1969; and the Local Finances Act, 1982: these have in effect provided for compulsory labour by administrative decision and in circumstances which do not appear to fall within the exceptions allowed by the Convention. Secondly, the Committee has asked about the provisions of section 23 of the National Defence Act, 1966, as to the use of service personnel for non-military purposes (Article 2(2)(a)). Thirdly, the Committee enquired as to the protection of children against forced or compulsory labour contrary to the Convention and in particular the results of the deliberations of the Working Group on Child Law. Fourthly, as regards Zanzibar, the Committee referred to the JKU, Decree No. 5 of 1979, which provides for certain kinds of service by young persons in circumstances where compatibility with the Convention is as yet unclear.

3. The Committee notes that various activities relating in particular to the present Convention and other human rights instruments have taken place in the country in cooperation with the ILO Area Office, the multidisciplinary team based in Addis Ababa and the International Labour Standards Department. It hopes that these activities will be intensified with a view to obtaining a satisfactory solution to all these vital concerns of contravention of a basic human rights Convention. It particularly hopes that the Government will supply a report for examination at its next session indicating the progress made on each of the aspects mentioned above.

[The Government is asked to report in detail in 1999.]