Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

The Committee notes that during the discussion which took place in the Conference Committee in 1991, the Government has indicated that ministerial consultations were progressing towards amending a number of provisions including certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act and the Industrial Court Act, on which the Committee has been commenting for numerous years.

The Committee notes, however, that the Government's report contains no information in this regard.

The Committee recalls that, under article 3 of the Tanzanian Constitution Tanzania has one political party which exercises executive powers over all matters in accordance with the Constitution and the constitution of the party, the Revolutionary Party (Chama Cha Mapinduzi (CCM)) being the only political party.

The Committee has taken note of the information submitted by the Government on the application of the International Covenant on Civil and Political Rights (doc. CCPR/C/42/Add.12 of 26 August 1991), according to which the party has opened up a debate on the desirability or otherwise of continuing with a one-party State. In March 1991, the President set up a Presidential Commission with a mandate to canvas the views of the people with a view to enabling a decision to be made whether to continue with the present system or to change into a multi-party system. The Commission is expected to submit its final report by mid-1992.

The Committee hopes that the Government will provide information on the decisions taken following the findings of the Commission. The Committee trusts that the Government will also provide information on measures taken to bring legislation into conformity with the Convention, and on the provisions adopted on the following matters:

Tanzania mainland

1. In previous comments, the Committee noted that forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (c) and (d) of the Convention under the following legislative provisions:

Article 1(a) of the Convention. Under section 25 of the Newspaper Act, 1976, the President may, if he considers it necessary in the public interest or in the interest of peace and order, prohibit the further publication of any newspaper. Any person who prints, publishes, sells or distributes in a public place such a newspaper may be punished with imprisonment (involving, by virtue of Part XI of the Prison Act, 1977, an obligation to perform labour). The Committee also referred to sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance (under which administrative authorities enjoy wide discretionary powers to refuse or cancel registration of societies, participation in activities of an unregistered society being punishable by imprisonment, involving an obligation to perform labour).

The Committee referred to the explanations provided in paragraphs 102 to 109 and 138 to 140 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour where it observed that any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on persons convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations.

The Committee again expresses the hope that the Government will provide information on the practical application of these provisions as well as on any measures taken or contemplated with regard to these provisions to ensure that no form of forced or compulsory labour may be imposed in circumstances falling within Article 1(a) of the Convention.

Article 1(c). Under section 284A of the Penal Code, any employee of a "specified authority" (i.e. the Government, a local authority, a registered trade union, any publicly owned company, etc.) who causes pecuniary loss to his employer or damage to his employer's property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his duties in a reasonable manner, may be punished with imprisonment for up to two years (involving an obligation to work).

Under section 176(9) of the Penal Code, any person employed under lawful employment of any description who is, without lawful excuse, found engaged in a frolic of his own at a time he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

Article 1(c) and (d). Under section 145(1)(b), (c) and (e) and section 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable by imprisonment, involving an obligation to perform labour. Under section 151, any seaman who deserts from a foreign ship may be forcibly conveyed on board ship or delivered to the master, mate or owner of the ship or his agent.

Article 1(d). Sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, which contain general provisions for compulsory arbitration in labour disputes, make it possible in practice to render all strikes illegal and punishable with imprisonment (involving compulsory prison labour).

Recalling that these matters have been under consideration for a number of years and that the statutory provisions conflicting with the Convention are to a large extent contained in legislation outside the normal purview of a labour code, the Committee hopes that the draft legislation envisaged will indeed provide for the repeal of all provisions which are incompatible with the Convention, and that the Government will soon indicate that the necessary action has been taken. Zanzibar

2. The Committee refers again in a direct request to a number of statutory provisions having a bearing on Article 1(a), (c) and (d) of the Convention. Referring also to the Government's previous statement that measures are being taken with a view to ensuring that prisoners covered by the Convention be exempted from prison labour, the Committee hopes that action to bring legislation into conformity with the Convention will be taken in the near future.