Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reports received in 2001 and 2002.

Article 1(a), (b), (c) and (d) of the Convention. For a number of years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act, the Industrial Court Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by the United Republic of Tanzania, and which are contrary to Article 1(b) of this Convention. The Committee refers in this connection to its 2002 observation on Convention No. 29, in which it has noted with satisfaction that the Human Resources Deployment Act, 1983, has been repealed.

The Government indicates in its 2001 and 2002 reports, referring also to a statement by the Government representative during the discussion at the Conference Committee in 2000, that the Penal Code, the Newspaper Act, the Merchant Shipping Act, the Industrial Court Act and the Local Government (District Authorities) Act have been identified by the Law Reform Commission as being among 40 legislative texts which are unconstitutional on the grounds that they are contrary to human rights and incompatible with the forced labour Conventions. The Government also states that, being a developing country, the United Republic of Tanzania suffers from resource constraints, including the shortage of trained personnel, which slows down the review of laws.

The Committee has noted with interest the adoption of the Commission for Human Rights and Good Governance Act, 2001, which empowers the said Commission, inter alia, to promote the ratification of treaties or conventions on human rights and harmonization of national legislation with human rights standards provided for therein, and to make recommendations on any legislative or administrative provisions, proposed or in existence, with a view to ensuring that they conform to human rights and good governance (section 6(1), (k) and (l), of the Act). It has also noted the Government’s indication in its 2001 and 2002 reports that the Governments of the United Republic of Tanzania and Denmark have signed an agreement concerning financing by DANIDA of a project entitled "A new approach on labour policy and legislative reform", which covers all labour laws and labour-related legislation in the United Republic of Tanzania, including those texts which have been identified and criticized for the non-compliance with ratified Conventions.

As regards the abovementioned Merchant Shipping Act, the Committee previously noted the Government’s indication in its earlier reports that proposals regarding its amendment in order to bring it into conformity with the Convention were to be submitted to the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government was working towards finalizing the amendments. In its latest report, the Government indicates that the International Maritime Organization (IMO) has prepared proposals for the amendment of the Act, which have been submitted to the Government.

The Committee strongly expresses the hope that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon be able to report on progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.