Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C029

Observation

Direct Request

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously noted the adoption of the Anti-Trafficking in Persons Act (No. 6 of 2008), and requested information on its application in practice.

The Committee notes the Government’s statement that the adoption of Anti Trafficking in Persons Act requires the establishment of institutions and the formulation of regulations for its effective implementation. In this regard, the Anti-Trafficking Committee has been established, with the overall responsibility of coordinating the activities of government departments and law enforcement organs responsible for matters relating to trafficking in persons. Additionally, draft regulations have been developed for the approval of the Anti-Trafficking Committee and stakeholders, as has a National Anti-Trafficking Action Plan. The Government also states that training on human trafficking was conducted for officers of command districts as well as criminal investigation officers responsible for human trafficking. Moreover, with support from the ILO and the International Organization for Migration, a directory of service providers for victims of human trafficking has been developed, to provide information on available services.

The Committee notes that the Committee on Economic, Social and Cultural Rights, in its concluding observations of 13 December 2012, expressed concern that the country is a source, transit and destination country for trafficking in persons (E/C.12/TZA/CO/1-3, paragraph 17). The Committee requests the Government to strengthen its efforts to prevent and combat trafficking in persons, and to take measures to ensure that victims of trafficking are provided with appropriate protection and services. The Committee also requests the Government to provide information on the application of sections 4 and 5 of the Anti-Trafficking in Persons Act in practice, particularly with regard to the number of investigations, prosecutions, convictions and the specific penalties imposed. Lastly, it requests the Government to provide copies of the regulations adopted pursuant to the Anti-Trafficking Act and the National Anti-Trafficking Action Plan once finalized.

Articles 1(1) and 2(1). 1. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee notes the Government’s statement that, in practice, career members of the armed forces enjoy the right to quit the service at their own request. In this connection, the Committee requests the Government to provide information on the application in practice of section 35 of the National Defence Act, 1966, and its relevant regulations including, in particular, the number of resignations accepted, or refused (if any), over a specified period, as well as the reasons for refusal. The Committee also requests the Government to provide information on any measures taken or envisaged to amend the Defence Forces Regulations, to align it with the indicated practice.

2. Imposition of labour for public purposes. The Committee previously noted by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works. In this regard, the Government indicated that the authorities had taken the decision to abolish development levies which were being implemented under the Local Governance Finance Act and that this Act had been listed among the identified laws to be addressed by the Task Force on Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee notes the Government’s statement that this issue has been brought to the attention of the relevant authorities. The Committee once again requests the Government to take the necessary measures, including within the framework of the Task Force on Labour Law Reform, to bring the Local Governance Finance Act into conformity with the Convention and the indicated practice. It requests the Government to provide information on the progress made in this regard in its next report.