Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave the service. In its earlier comments, the Committee referred to section 35 of the National Defence Act, 1966, under which an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. The Government indicated in its 2002 and 2007 reports that the reasons and conditions for resignation from active service, as provided for in the Regulations, are as follows: retirement age, sickness, termination of a contract of service, release of a female service person on marriage, as well as any other valid reason.

The Committee observes that it does not appear from the wording of this provision that career military servicemen have the right to resign at their own request, without indicating any specific reason. The Committee points out once again, referring also to the explanations in paragraphs 46 and 96–97 of its General Survey of 2007 on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, e.g. by means of notice of reasonable length.

While having noted from the Government’s 2003 report that the National Defence Act, 1966, as well as the Defence Forces Regulations, had been listed among the identified laws to be addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government, the Committee expresses its firm hope that measures will soon be taken to bring the abovementioned provisions into conformity with the Convention, and that the Government will provide information on the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of section 35 of the Act and respective provision of the Regulations in practice, indicating, in particular, the reasons for which resignations have been refused. Please also supply a copy of the Defence Forces Regulations in force.

2. Article 2(2)(a). Use of conscripts for non-military purposes. In its earlier comments, the Committee referred to section 23(1) of the National Defence Act, 1966, under which the employment of the Defence Forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires. The Government stated in its 2002 report that the Defence Forces Regulations do not contain provisions defining such “other purposes” for the employment of the Defence Forces, but, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the Defence Forces is required for public interest (for other reason than the prevention of loss of life or serious loss of or damage to property), he may request authorization for their employment. The Committee notes the Government’s indication in its latest report that there have been no incidents of employment of the Defence Forces for such “other purposes”. The Committee hopes that the Government will provide information about the existing practice of the employment of the Defence Forces for non-military purposes, as soon as such information becomes available.

Tanzania mainland

Articles 1(1) and 2(1) of the Convention. Imposition of labour for public purposes. 3. The Committee previously noted that by laws made by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, impose “development levies” on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides for a fine or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and, under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes the Government’s indication that the Local Government Finances Act, 1982, had been listed among the identified laws to be addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government. The Government also indicates in its latest report that development levies which were imposed under sections 13 and 15 referred to above have been waived out. The Committee hopes that appropriate measures will be taken by the Government in order to bring legislation into conformity with the Convention and the indicated practice. The Committee requests the Government to provide, in its next report, information on any progress made in this regard.

4. The Committee previously requested information on the mobilization and utilization of labour force, e.g. for the construction of water reservoirs for agricultural purposes and permanent godowns for storing crops in certain regions, including the information on the methods of mobilizing such labour force, the authority under which labour has been mobilized for these purposes, as well as wages and other benefits paid to workers engaged in these projects. The Government indicates in its latest report that it is still investigating how the labour force was mobilized for these purposes. The Committee hopes that the Government will provide the information requested, including the information on the present stage of these projects, in its next report.

Zanzibar

Articles 1(1) and 2(1) of the Convention. National service obligations. 
5. For a number of years, the Committee has been referring to the Jeshi la Kujenga Uchumi (JKU) Decree (No. 5 of 1979), which had established a service known as JKU, whose function should be the training of young citizens to serve the nation and, in particular, the employment of servicemen, inter alia, in various agricultural and industrial activities, as well as in social and cultural activities, including social development (section 3). The members of the service should be those enlisted or seconded from the civil or military service (section 4), as well as persons other than public officers or married women, who are called up to serve for a period of one year or three years, under the menace of penal sanctions (sections 5, 6 and 10).

The Committee previously noted the Government’s indication that the JKU serve a double purpose: besides establishing a scheme under which youth are trained in professional skills, it serves as national service. Since this double function gave rise to confusion, the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training. The Government indicated in its 2005 report that such policy had been elaborated and that a policy document would be submitted to the ILO in due course. It also stated that the practice of the national service had changed and that the persons concerned are free to choose whether to join the service or not. Furthermore, for those who have joined the service, there is also a free choice among various available forms of activities. The Committee understands from the Government’s 2005 report that the new legislation governing the issue will be submitted in the near future and hopes that the Government will communicate a copy, as soon as it is adopted, together with a copy of a policy document concerning vocational training referred to above.

Pending the adoption of the new legislation, the Committee requests the Government to continue to provide information on the practical functioning of the JKU, including the number of persons who joined the service during the reporting period, details concerning the theoretical and practical instruction provided (e.g. the curricula or internal instructions followed), as well as the information concerning the employment of such persons in agricultural and industrial activities.