Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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), and 2(1) of the Convention. 1. Imposition of compulsory labour for purposes of economic development. For many years, the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention. The Committee has referred in this connection to the following legislative provisions:

-article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d), of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of (i) compulsory national service in accordance with the law, or (ii) the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensure development and national productivity;
-the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development; and
-several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation-building” and “enforcement of human resources deployment”, which provide for an obligation to work.

In this regard, the Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the National Constitution, Acts of Parliament and District by-laws, in contradiction with the Convention. However, the Committee also noted the adoption of the Employment and Labour Relations Act, 2004, which introduced a provision prohibiting the exaction of forced labour, pursuant to section 6(1). Moreover, the Government indicated that the Law Reform Commission was carrying out legal research on laws that required amendment or repeal to reflect the current economic, social and political arrangements, including laws which were not in conformity with the Convention.

The Committee notes the Government’s statement that it hopes to take measures to bring the provisions of the relevant legislation into conformity with the Convention. The Government indicates that it would like to avail itself of technical assistance in developing public-awareness strategies for both authorities involved in the administration of these laws and the legislative bodies. Recalling that the Committee has been raising this issue for more than two decades, the Committee requests the Government to pursue its efforts to repeal or amend the abovementioned provisions which permit compulsory labour to be imposed by an administrative authority or which provide for an obligation to work for the purposes of “self-help and community development”, “nation-building” and “enforcement of human resources deployment”. It requests the Government to provide information on progress made in this regard. Moreover, the Committee requests the Government to provide information on the manner in which these provisions are applied in practice, in its next report.

2. 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 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. However, the Committee noted the Government’s indication 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 on the Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee once again recalls 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 requests the Government to provide information on the measures taken or envisaged, including in the context of the ongoing Labour Law Reform, to ensure that career members of the armed forces enjoy fully the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice. In this regard, 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, over a specified period, as well as the reasons for refusal. The Committee also requests the Government to provide a copy of the Defence Forces Regulations, with its next report.

3. Imposition of labour for public purposes. In its earlier comments, the Committee referred to 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 “development levies” which were imposed under these provisions had been waived out, and that the Local Government Finances Act, 1982 had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform, with a view to making appropriate recommendations to the Government.

The Committee takes due note of the Government’s statement that the authorities took the decision to abolish development levies which were being implemented under the Local Governance Finance Act. The Committee also notes the Government’s indication that several pieces of legislation have been repealed through the first phase of the Labour Law Reform, and that the Local Governance Finance Act remains on the list of laws to be addressed by the Task Force. The Committee therefore requests the Government to take the necessary measures, 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.

To address these issues, the Committee encourages the Government to pursue its efforts to avail itself of ILO technical assistance to bring its legislation into conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.