Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Referring to its observation under the Convention, the Committee requests the Government to provide, in its next report, information on the following points:

I. Tanzania mainland

For a number of years, the Committee has been referring to certain provisions under which forced or compulsory labour may be imposed in circumstances falling within the scope of Article 1(a), (b) and (c) of the Convention:

Article 1, subparagraph a. Penalties involving compulsory labour as a punishment for the expressing of political views. The Committee has been referring to the following provisions:

–           section 25 of the Newspaper Act, 1976, under which 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; printing, publishing, selling or distribution of such newspaper being punishable by imprisonment (involving an obligation to perform labour); and

–           paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, which contains provisions prohibiting, regulating or controlling meetings and other assemblies.

While noting the Government’s indications in its report that the above laws have been addressed by the Law Reform Commission with a view to making appropriate recommendations to the Government, and that, in particular, a cabinet paper on a proposed new Media Bill to replace the Newspaper Act of 1976 will soon be presented by the Government, the Committee reiterates the firm hope that the above provisions will soon be brought into conformity with the Convention and that the Government will provide, in its next report, information on the progress made in this regard.

As regards the Societies Ordinance, which gave administrative authorities discretionary powers to refuse or cancel the registration of societies and made participation in an unregistered society punishable by imprisonment, the Committee has noted the Government’s repeated indication that it had ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992. However, the Committee reiterates its hope that the Government will describe in detail the new policy regarding the formation of societies, to which reference was made in its 2002 report, and again requests the Government to supply copies of relevant texts.

Article 1, subparagraphs b and c. Penalties involving compulsory labour as a punishment for failure to engage in socially useful work. In its earlier comments, the Committee referred to section 176(9) of the Penal Code, under which 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 when he is supposed to be engaged in activities connected or related to the business of his employment, may be punished with imprisonment (involving an obligation to work). The Committee pointed out that provisions under which idle and disorderly persons may be punished for the mere fact of not engaging in socially useful work are incompatible with both the Forced Labour Convention, 1930 (No. 29), and Article 1(b) of the present Convention. Moreover, it would appear that section 176(9) of the Penal Code is primarily applicable to persons who are under lawful employment but are absent from work; the imposition of penal sanctions involving compulsory labour on such persons also falls within the scope of Article 1(c) of the Convention, which prohibits the use of forced or compulsory labour as a means of labour discipline.

The Committee previously noted the Government’s repeated statement that section 176(9) would be re-examined in the course of the labour law reform. Since the Government’s report contains no new information on this matter, the Committee reiterates its firm hope that the necessary measures will be taken by the Government in order to repeal or amend the above provision in the course of the future revision of the Penal Code and that the Government will provide, in its next report, information on the progress made in this regard.

Article 1, subparagraph c. Penalties involving compulsory labour as a means of labour discipline. In its earlier comments the Committee referred to the provisions, under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employers’ 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, which involves an obligation to work (section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984 (“Economic offences”), read in conjunction with section 59(2) of the Act).

The Committee previously noted from the Government’s earlier report that the Economic and Organized Crime Control Act had been listed among the laws to be addressed by the Task Force of the Tanzanian Labour Policy and Legislation Reform with a view to making appropriate recommendations to the Government. Noting also the Government’s indications in its report that the Law Reform Commission is currently carrying out legal research on laws that need amendments or repeal, including laws which are not compatible with the Convention, with a view to making appropriate recommendations to the Government, the Committee reiterates its hope that measures will be taken to repeal or amend the abovementioned provisions in order to ensure compliance with the Convention on this point.

II. Zanzibar

The Committee previously noted the adoption of the new Penal Act (No. 6 of 2004) which repealed the Penal Decree (Cap. 13), which contained provisions concerning prohibited publications and disciplinary sanctions in the public service. The Committee again requests the Government to provide a copy of the Penal Act (No. 6 of 2004) with its next report.

Article 1, subparagraph a. 1. Penalties imposed for seditious offences. The Committee previously noted the Government’s indication in its report that, despite the repeal of the Penal Decree (Cap. 13), which contained provisions punishing seditious offences, the new Penal Act (No. 6 of 2004) still contains similar provisions (section 41) and several convictions have been made under this section, with penalties of imprisonment (involving compulsory prison labour) for a term of not less than seven years. The Government indicates in its latest report that the application of section 41 is more limited and less redundant, due to the constitutional provisions concerning the freedom of expression which always prevail in case of a conflict between the Constitution and the Act.

While noting this indication, the Committee again requests the Government to provide, in its next report, more detailed information on the application of section 41 of the Act in practice, including copies of the court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. In its earlier comments, the Committee referred to 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 requested the Government to provide information on the application of section 4(b) in practice, indicating, in particular, the penalties imposed for breach of such orders. The Committee notes the Government’s statement in its latest report that the Decree is no longer in use and requests the Government to indicate whether measures have been taken or contemplated to repeal the Decree, and if so, to provide a copy of a repealing text, as soon as it is adopted.

3. Penal provisions concerning unlawful societies. The Committee previously noted that sections 55 to 57 of the Penal Decree concerning unlawful societies had been repealed by the Societies Decree No. 20 of 1963, which in turn had been repealed by the Afro Shirazi Party Decree No. 11 of 1965, copies of which had been communicated by the Government. The Committee notes the Government’s indication in its latest report that the Societies Decree has been repealed by the Societies Act, 2005. The Government also states, however, that the policy on non-governmental organizations, which has been prepared, will influence the repeal of the Societies Act, 2005, to meet the requirements of registration of societies. While noting these indications, the Committee requests the Government to describe the policy on non-governmental organizations and to supply a copy of the Societies Act, 2005, as well as the information on the new legislative developments in this field.