Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in reply to its previous direct request.

Tanganyika

1. (a) The Committee has requested for many years information on the practical application of the following provisions (such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect and scope): section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes) and 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 notes the information supplied by the Government concerning the purpose and scope of section 89(c) of the Penal Code. The Committee again expresses the hope that the Government will be in a position to provide the information on the practical application of these provisions in its next report.

The Committee also notes the Government's view that the aforementioned sections of the Societies Ordinance have no bearing on forced labour. The Committee once more refers 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 and 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.

(b) The Committee had requested the Government to provide details of any regulations issued under section 4(2) of the Preventive Detention Act, 1962, as amended, and information on the provisions governing the employment of persons detained under the Preventive Detention Act. The Committee notes the Government's indication in its report that the Preventive Detention (Communication with Detainees) Regulations, 1963, are the only regulations adopted under the powers vested in the President under the above-mentioned section 4(2).

The Committee requests the Government to report in its future reports on any regulations adopted under section 4(2) of the Act.

(c) The Committee hopes that the Government will provide copies of any provisions adopted pursuant to paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, prohibiting, regulating or controlling meetings and other assemblies (i.e. copies of any by-laws on these matters), as previously requested.

Zanzibar

2. Article 1(a), (c) and (d) of the Convention. With reference to its previous request the Committee notes the information provided by the Government on the practical application of a certain number of provisions which provide for penalties of imprisonment (involving, under section 50 of the Offenders' Education Act of 1980, an obligation to perform labour). The Committee had requested information on the following provisions:

(a) Sections 37 and 38 of the Penal Decree (concerning prohibited publications) and section 41 of the Penal Decree (concerning seditious offences), including the number of convictions under these sections, the circumstances in which such offences were committed, and the penalties imposed.

The Committee notes the Government's indication that offences under these sections are indictable under the Newspaper Act No. 5/1988, under which the Minister may prohibit certain publications and the President may prohibit the importation of certain publications; the Government indicates that two records of prohibited publications are to be found, one concerning a controversial foreign publication, the other the importation of religious stickers aimed at inciting disunity (Order No. 32/1989). The Government further indicates that there is up to now no judicial precedent defining the scope of the offences under those provisions and no verified record of persons convicted. The motive underlying these provisions is to control publications which may either tend to corrupt public morals or which instigate disunity (whether political or otherwise) among the people. Written consent of the Attorney-General is required before prosecution.

The Committee requests the Government to provide with its next report a copy of the Newspaper Act No. 5 of 1988 and of Order No. 32/1989. It also requests the Government to continue to provide information on the practical application of the Act.

(b) Section 4(b) of the Deportation Decree (Cap. 41), concerning restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. The Committee hopes that the Government will provide information in particular on the number of persons against whom such orders have been made, the grounds for making the orders, and the nature of any penalties imposed for breach of such orders.

(c) Sections 55 to 57 of the Penal Decree concerning unlawful societies, including the number of orders issued declaring a society dangerous to good government, the number of convictions for offences under sections 56 and 57, the nature of the offences and the penalties imposed.

The Committee notes the Government's indication in its report that, since the abolition of societies and trade unions by the Afro Shirazi Party Decree No. 11/1965, almost all forms of societies are Party or Government oriented and that this has virtually paralysed the use of sections 55 to 57 of the Penal Decree. There are no records of Government invoking such provisions for the last 26 years. In these circumstances, the Committee hopes that the Government will take appropriate action to repeal sections 55 to 57 of the Penal Decree, and that it will provide information on the measures taken to this end and, pending repeal, on any cases in which these sections were applied.

(d) Sections 3 and 4 of the Peace Preservation Decree (Cap. 35), including particulars of any proclamation declaring areas to be "proclaimed districts", any rules restricting or prohibiting gatherings or meetings in such districts, the number and nature of offences under such rules, and the penalties imposed.

The Committee notes the Government's indication that the aim of this Decree is to enable the Government to control people in case of emergency or during political chaos, unrest or wartime. It is unusual and unlikely for the Government to invoke these provisions during peacetime and good order and there are no records of orders declaring areas to be "proclaimed districts" for the past 25 years.

The Committee requests the Government to continue to provide information in its future reports on any application of the sections in question.

(e) Sections 110 and 110A of the Penal Decree, concerning neglect of duty by persons employed in the public service and employees of a "specified authority" who cause pecuniary loss to their employer or damage to their employer's property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge their duties in a reasonable manner.

The Committee notes the Government's indication in its report that the aim of these provisions is to impose a penalty on employees, who, by wilful omission or negligence cause (pecuniary) loss to the Government or to specified authorities. The Government indicates that there has been a tendency of employees to wilfully neglect their duties and thereby occasion substantial loss to Government. In such circumstances the employees cannot be charged of theft, and disciplinary action has proved less potent in suppressing this evil. The Government has not noticed any judicial precedent defining the scope of the offences under these provisions, but many cases which have been tried or are, at the moment, pending, involve neglect of duty by night-watchmen: in many places night-watchmen leave their working places unattended and thus allow burglary or collude with burglars. The Government further states that nobody can, as per section 6 of Act No. 10/1985, be prosecuted under these provisions without prior written consent of the Attorney-General and experience has proved that only apparent cases were granted fiat of the Attorney-General.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the Abolition of Forced Labour, it must point out that while the Convention does not protect persons responsible for breaches of labour discipline that are committed either in the exercise of functions which are essential to safety or in circumstances where life or health are in danger, the scope of sections 110 and 110A of the Penal Decree is wider and provides for breaches of labour discipline conducive to pecuniary losses to be punished with penalties involving compulsory labour.

The Committee requests the Government to re-examine these provisions in the light of these explanations and to indicate in its next report the measures taken or envisaged to ensure the observance of the Convention. Pending the necessary revision of these provisions, the Committee requests the Government to provide with its next report copies of the court decisions referred to in its report.

(f) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen.

The Committee hopes that the Government will provide the requested information.

3. The Committee has requested the Government to indicate any services which have been added to the list of "essential services" set out in the Schedule to the Trade Disputes (Arbitration and Settlement) Decree (Cap. 171), by order made under section 29 of this Decree.

Noting the Government's indication in its report that no such service has been added, the Committee requests the Government to provide in its future reports information on any changes made to the Schedule.