Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Migration for Employment Convention (Revised), 1949 (No. 97) - United Republic of Tanzania.Zanzibar (Ratification: 1964)

Other comments on C097

Direct Request

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Information on legislation and migration flows. The Committee notes from the Government’s report that 345 migrant workers are employed in the country and 249 nationals have been recruited abroad through the four registered private employment agencies operating in Zanzibar. It further notes that a migration policy is in the process of being developed. The Committee asks the Government to continue to provide information on the progress made in developing a migration policy and on any legislative developments with respect to immigration and emigration, as well as statistical information, disaggregated by sex and nationality, on the number of migrants working in Zanzibar and of nationals emigrating for employment.

Article 2 of the Convention. The Committee asks the Government to provide information on any free services provided to assist migrant workers, in particular to provide them with accurate information.

Article 3. Misleading propaganda. Private employment agencies. The Committee asks the Government to provide information on the supervision of the private employment agencies operating in the country with a view to protecting migrant workers leaving Zanzibar or those entering Zanzibar against abuses and misleading information, including sanctions applied in case of violations. Please also provide information on any steps taken to cooperate with other member States concerned in this respect.

Article 6(1)(a) to (d). Equality of treatment. The Committee notes the Government’s statement that the application in practice of the Employment Act (Act No. 11 of 2005) to foreign workers is ensured through labour inspections and the Zanzibar Social Security Fund provides services to all workers, including migrant workers. The Government further indicates that migrant workers have access to justice and dispute resolution mechanisms on an equal footing with nationals in case of any dispute arising in the course of their employment, even if to date there has not been any complaint filed by foreigners. In light of the above, the Committee asks the Government to confirm that equal access of foreigners to the courts and the dispute resolution mechanisms also applies in case of termination of their employment. Furthermore, recalling that the absence of complaints does not mean that there is no discrimination in practice, the Committee asks the Government to provide information on any measures taken to inform migrant workers of their right to non-discrimination and the available dispute resolution mechanisms, and to continue to provide information on any complaints submitted by migrant workers to administrative bodies or the courts regarding unequal treatment with respect to the matters enumerated in Article 6(1)(a) to (d) of the Convention. The Committee asks the Government to provide information on the results of labour inspections with respect to equal treatment between national and foreign workers.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s confirmation that there are no foreign workers who have been admitted on a permanent basis in Zanzibar.

Article 9. Transfer of earnings. The Committee notes the Government’s statement that there is no restriction for foreign workers to transfer their earnings to their country of origin.

Scope of application. The Committee notes from the Government’s report that the consultations with a view to ensuring that the Convention applies to the whole territory of the United Republic of Tanzania have not yet taken place. Noting the Government’s indication that the matter will be dealt with in the near future and will include discussions on other Conventions, the Committee asks the Government to provide information on any developments in this respect.