Individual Case (CAS) - Discussion: 2000, Publication: 88th ILC session (2000)

A Government representative reaffirmed her country's commitment to its obligations under the ILO Constitution and its will to comply with the Conventions which it had ratified. However, she pointed out that the United Republic of Tanzania was a developing country which suffered from resource constraints, including a shortage of trained personnel, which made it difficult to fulfil its obligations promptly.

With reference to Article 1(a) of the Convention, concerning punishment aimed at censoring political or ideological views opposed to the existing system, the Committee of Experts had commented on the Newspaper Act, 1976, the Societies Ordinance and the Local Government (District Authorities) Act, 1982. She noted in this respect that, following the establishment of multipartism, there had been a process of political liberalization in her country, with the result that contrary views were not generally censored in practice with criminal penalties, save for those which fell under accepted exceptions to the Convention. With regard to the question of why this legislation continued to exist, she reported that the legislation had long been identified as being among the 40 legislative texts which were unconstitutional on the grounds that they were contrary to human rights. Although the above legislation was before the Tanzania Law Reform Commission for amendment, the review process was protracted due to resource constraints.

Nevertheless, a new approach had been adopted which might hasten the process of reforming laws which contravened ratified ILO Conventions. Funding had been secured for a labour law reform project, which would cover amending traditional labour legislation and other laws which impinged on labour issues, such as those which contravened ILO Conventions. Moreover, she offered sincere apologies for the failure of her country to submit this information and other legislative texts to the Committee of Experts. This had been due to inadvertence and she undertook to provide the texts in question within one month.

With regard to Article 1(b), concerning forced labour for purposes of economic development, she noted that the provisions criticized by the Committee of Experts were sections 89(c) and 176(9) of the Penal Code. She stated that section 89(c) sought to punish those who dissuaded others from participating in self-help schemes. She emphasized that, although it did not punish persons who themselves refused to participate in such schemes, even if it had done, it would still have been in conformity with the Convention because in practice the self-help schemes fell under the exceptions to the definition of forced labour set out in Articles 2(2)(d) and 19(1) of Convention No. 29. Moreover, she apologized for not having submitted cases concerning the application of these sections to the Committee of Experts. This failing had been partly due to resource constraints and partly to the difficulty in accessing the records of lower courts throughout the country, which was where such cases were heard.

With regard to Article 1(c) concerning the use of forced labour as a means of labour discipline, the relevant provisions were sections 176 and 284 of the Penal Code, as amended by the Economic and Organized Crime Control Act, 1989, as well as the Merchant Shipping Act, 1967, she explained that these texts had to be seen in the special circumstances of the country when they had been adopted. At that time, her country had had a socialist economy, in which the major commercial and business entities had been state-owned or run as parastatal organizations. Such enterprises had been mismanaged and losses were sometimes incurred in circumstances which seemed to stem from deliberate acts of sabotage and plunder. The aspect of negligence had been introduced because it had been difficult for the investigative machinery to prove that the acts had been wilful. In the light of the current trend towards privatization and the State divesting itself from the operation and management of such enterprises, these provisions would soon be rendered redundant. Nevertheless, they were among the texts which were due to be reformed. She added that the Merchant Shipping Act was a relic of the colonial past which only remained on the statute books due to the slowness of the reform process.

With reference to Article 1(d) concerning the use of forced labour as a punishment for having participated in strikes, she once again apologized for the failure to provide the Committee of Experts with the Industrial Court Act, 1967, as amended. Under the Act, strikes were legal and elaborate procedures were laid down which had to be followed before employees could call a strike or before employers could lock out their employees. In conclusion, with regard to Zanzibar, as indicated in previous reports, consultations were continuing with the Government of Zanzibar and the Committee of Experts would be informed as soon as results had been achieved.

The Worker members thanked the Government representative for a detailed report which was very helpful in improving understanding of the situation with regard to the difficulties in the application of the Convention in the United Republic of Tanzania. However, they noted that the observation by the Committee of Experts was of a very general nature and would not help anyone who was not familiar with the case to understand the issues involved. They emphasized that, although the ILO supervisory system might have many weaknesses, there was nothing superior to it throughout the United Nations system in the field of human rights instruments, as acknowledged by human rights specialists. The supervisory system enjoyed great legitimacy and had proven to be effective, based on dialogue and cooperation and moral sanctions. However, it was also a fragile and vulnerable system and it was remarkable that it had worked so well for 80 years. The system was dependent on so many aspects which, although enshrined in the Constitution, were of a voluntary nature. The Conference Committee had developed many devices to induce governments to improve their implementation of ratified Conventions, including encouragement, criticism, technical assistance and direct contacts. Serious cases of non-compliance over a long period of time were placed in a special paragraph of the Committee's report to the Conference. Rather than a sanction, this was the most visible method available of communicating the special concerns of the Committee to the Conference. Such special paragraphs were often effective in achieving progress, since most governments did not appreciate being mentioned in this way. Nevertheless, if the governments concerned did not react in any way, then the system did not work as it should. This was the case with regard to the application of the Convention in the United Republic of Tanzania. The Committee had been examining the case for decades and had mentioned it in special paragraphs repeatedly. However, out of a fear that the very frequency of such mentions might blunt this instrument, the case had not been included in a special paragraph for the past decade. The Worker members emphasized that this had not been due to any improvement in national law and practice.

The basic problem consisted of the fact that the legislation was of such a general nature that it gave wide discretionary powers to the authorities in mainland Tanzania and in Zanzibar. Some examples included the power of the Government to prohibit activities in the area of freedom of association and freedom of assembly when it considered such a prohibition to be in the public interest or in the interests of peace and order, or of public health. People engaged in such activities could be imprisoned and obliged to perform labour. Another example consisted of persons who were not performing their job properly, who could also be imprisoned and forced to perform labour. Workers who were employed by specified authorities and who caused financial loss or damage to their employer through negligence or misconduct could be subjected to similar sanctions. Forced labour could also be imposed for breaches of discipline by seafarers. Compulsory arbitration could also be imposed in the event of labour disputes, making it possible to declare all strikes illegal and to imprison the strikers and force them to perform work. In this respect, as in previous years, the Government representative had endeavoured to explain that restrictions were not placed on political activities and that the provisions were only used to curb public unrest and disorder. The Government had also been stating for many years that new legislation bringing the situation into line with the Convention was forthcoming and that there had been few convictions. However, despite the repeated requests by the Committee of Experts, no information had been made available on the implementation of the law in practice.

The Worker members welcomed the appearance of goodwill demonstrated by the Government representative and the fact that no attempt had been made to disagree with the findings of the Committee of Experts. The Government representative had also said that a new approach was being adopted. In this respect the Worker members appreciated the difficulties arising out of the country's low level of development and the need to coordinate the issues raised with other authorities, such as the Ministry of Justice and the Interior Ministry. Nevertheless, major questions remained. The good faith of the Government remained to be proven; the obstacles which had, and which continued to prevent the Government from reacting appropriately to the recommendations of the Committee of Experts and the Conference Committee required clarification: and the Government's want and need of ILO assistance to improve the situation was also to be demonstrated. In view of the great difficulty in achieving any progress in the case, the Worker members proposed that the Government representative should be invited to propose the appropriate means of addressing the very serious issues under review.

The Employer members noted that the observation by the Committee of Experts on the case did not contain much information concerning the actual facts of the case or the specific violations of the Convention. However, they observed that in her statement the Government representative had admitted the existence of violations of the Convention and had recognized that the process of legislative reform was too slow in meeting the requirements of the Convention. They also noted the existence of draft legislation which would repeal all the provisions which were incompatible with the Convention. However, the Committee of Experts' observation referred to the various laws without explaining their content and did not indicate precisely the provisions which would be repealed by the draft legislation. The Employer members emphasized that, while the facts of the case had not been presented clearly by the Committee of Experts, it was clear that numerous laws needed to be reviewed and amended. Finally, they endorsed the suggestion by the Worker members that the Government representative should be invited to indicate precisely the concrete measures envisaged by the Government to meet the requirements of the Convention. They also expressed the view that the case should be reviewed by the Committee on a more regular basis.

In response, the Government representative emphasized that account needed to be taken of the great difference between the situation before 1990, when the country had had a socialist economy and a single-party system, and its development since 1990 to a multipartite State with a market economy. While the political will might not have existed before 1990 to remedy the problems with regard to the application of the Convention, the situation was now very different. Some 40 legislative texts had been identified as breaching human rights, including the rights set out in the Convention. The reform process, although extremely slow, had recently produced the Trade Union Act, 1998, and the Employment Act, 1999, which repealed legislation that had been criticized by the Committee of Experts. Moreover, the labour law reform project, for which funding had been secured, was designed to review both labour legislation and other laws which impinged upon labour issues. This represented a fundamental ideological shift, which had resulted in the recognition that many legal texts needed to be amended. She indicated that ILO support and assistance for the project on the harmonization of labour law in the east African subregion would be welcome.

The Worker members expressed gratitude for the further information provided by the Government representative. However, they regretted that she had not given any idea of what action the ILO could take to help bring about change. They observed that the process of reforming the legislation had been going on for many years. Moreover, they questioned whether a subregional exercise to harmonize labour laws would have any beneficial effect on the application of the Convention if the national law had not been brought into compliance with the Convention.

The Government representative added, in conclusion, that the labour law reform project would include legislation other than labour laws which impinged upon the application of the Convention. This reform project had already been commenced in her country. The project to harmonize labour legislation in the east African subregion would follow.

The Committee noted the explanations provided by the Government representative, as well as the discussion that took place in the Committee. The Committee had already urged the Government in 1992 to eliminate the discrepancies between national legislation and the Convention, as had the Committee of Experts for a number of years. The Committee noted the assurances that a political will existed to apply the Convention, and urged the Government to adopt in the very near future the necessary measures to ensure that this fundamental Convention, ratified almost 40 years ago, was applied in both law and practice. It noted that new steps were being taken to accelerate the necessary amendment of the relevant legislation. It called upon the Government to supply detailed information on the progress made in bringing the legislation into conformity with the requirements of the Convention, to supply other information sought by the Committee of Experts, including copies of the various legislative texts which had been requested. The Committee reminded the Government that it could, if it so desired, request the technical assistance of the Office.

The Government representative added, in conclusion, that the labour law reform project would include legislation other than labour laws which impinged upon the application of the Convention. This reform project had already been commenced in her country. The project to harmonize labour legislation in the east African subregion would follow.

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

See the statement of the Government representative concerning the application of the Convention under Convention No. 29, as follows:

The Government representative, in response to the questions raised, stated that an interministerial technical committee was responsible for the consolidation of three labour Acts which would revoke the Employment Ordinance No. 366 of 1952 as amended. This project was suspended while modifications of the Constitution were taking place, so that the necessary changes in the draft could be introduced. The copy of the draft had been sent to the ILO approximately two months ago, and his Government was waiting for the comments of the Office as well as the comments of the workers' union which had been re-established as a free trade union. He hoped that the draft would be submitted to the National Assembly during its next session in October of this year.

In addition the Workers' members observed that the Government had indicated in the Conference Committee in 1991 that inter-ministerial consultations were going on in view of the modification of several legislative provisions, affecting the application of the Convention, but that the Government had so far not communicated information for examination by the Committee of Experts. Since the Government representative stated that the text of the drafts had been sent to the Office two months ago, they hoped that the conclusions adopted in the case of Convention No. 29 would be brought before this Committee.

The Employers' members emphasised the importance of the problems raised by the Committee of Experts in relation to the application of Convention No. 105, concerning provisions related to the press, to labour discipline and to strikes. They considered that the explanations supplied on this subject by the Government representative were vague. The Committee should repeat the conclusions formulated earlier and discuss this case the following year, after the Committee of Experts have examined draft texts to be communicated by the Government.

The Committee took due note of the information supplied by the Government. It felt distressed at the lack of progress that had been made on the subject-matter which had been discussed by the Committee for very many years. It understood that the amending of the Constitution delayed the materials of the intentions of the Government to change the laws in question. It also noted that a Bill to change those laws will be tabled before Parliament during its next session, which will start next spring. It strongly urged the Government to take all measures to bring that Bill before Parliament as soon as possible, and to send a copy of the same to the ILO at the same time, in order that the Committee could make a further assessment of the situation at its next session.

Individual Case (CAS) - Discussion: 1991, Publication: 78th ILC session (1991)

See under Convention 29 the discussion which took place in the Committee on application of Conventions Nos. 29 and 105, as follows:

A Government representative expressed his Government's gratitude to the ILO and its staff for the technical and financial assistance extended to it, which had enabled the Ministry of Labour and Youth Development to achieve some progress in its desire to fulfil its obligations although belatedly. An ILO expert had returned to Tanzania in 1991 to finish the drafting of a new Employment Act which consolidated three pieces of labour legislation (the Employment Ordinance of 1952, the Security of Employment Act of 1964 and the Severance Allowance Act of 1964) and which took account of the observations of the Committee of Experts. The text had been simultaneously submitted to the Attorney-General's Department and the competent authorities within the Government in May 1991 and was expected to be tabled before the National Assembly before the end of the year. He stressed that the new text would repeal the 1964 Acts. Interministerial consultations were progressing successfully, particularly following assistance from the ILO expert, towards amending the relevant sections of the Local Government (District Authorities) Act, 1982, the Resettlement of Offenders Act, 1969, and the Regulations made thereunder, the Human Resources Deployment Act, 1983, as well as other instruments of concern. These were: the Penal Code (sections 284A and 176(g)), the Newspaper Act (section 25), the Merchant Shipping Act (sections 145(1) and 147) and the Permanent Labour Tribunal Act (sections 4, 8, 11 and 27). Forced labour was not practised in his country, and he recalled that the Afro-Shirazi Party Decree No. 11 of 1965 had been revoked.

The Workers' members noted that this case was one where the necessary action had been delayed too long: the Committee of Experts had been commenting on these two Conventions since 1981 and had repeated their serious observations in 1982, 1984, 1987, 1988, 1989 and 1990. The present Committee had discussed the case on five of those occasions, including a serious discussion last year. In both 1980 and 1981, the United Republic of Tanzania had been the subject of a special paragraph of this Committee's report for serious lack of compliance with these two Conventions, in an attempt to stimulate some action. And yet this year's comments were the same, despite the promises made during last year's discussion of the case in the present Committee. Last year's conclusions had noted that the case was a serious one and expressed the firm hope for speedy action, failing which a different course of action might have to be taken. The Committee of Experts noted that the Labour Law Review Committee had recommended that its comments receive immediate attention and yet the National Assembly had not yet revised the laws. The Government representative added that texts had been prepared with the assistance of the ILO which, once again, were going to be presented before the Assembly, but that had not yet been completed. The Workers' members were disappointed and concerned at this deplorable situation and the slow pace towards change. They urged the Government, through the Government representative, to expediate matters as a result of discussions here.

The Employers' members recalled that a number of problems were involved. As for Convention No. 29, there were many provisions concerning forced labour under various circumstances, such as compulsory cultivation of land and the general involvement of the population in different forms of labour, failing which punishment was inflicted. The Government representative had mentioned legislative revision in the near future, but already in 1984 amendments had been announced and in 1987 the Government had simply stated that there were no cases that had led to legal sanctions. They therefore felt that this represented a step backwards away from the recongition of a few years earlier that amendments were required. As for Convention No. 105, the Employers again noted the announcement of amendments, but that no details had been given. The problems here involved, as regarded Tanganyika, both general laws allowing the possibility of forced labour, as well as specific laws such as the Merchant Shipping Act which provided for punishment of violations of labour discipline. Therefore, the amendment of the labour law would not lead to any real breakthrough since there were many different pieces of legislation involved. The problem in Zanzibar was linked to the one-party state system, the sanctions of which were applied to members in political parties - which were declared illegal. The Government representative had not spoken on this point, although the Experts had asked a number of direct questions. Although ILO assistance had been mentioned on several occasions, it had not yet led to any clear or comprehensive concept that would bring an end to the very many violations of these two Conventions. As this case had been discussed for ten years, the Employers' members addressed an urgent appeal to the Government to remedy the situation and suggested that, if the current situation was not corrected in the very near future, this Committee might have to adopt other measures.

The Government representative noted the comments that had been made and pointed out that the consolidation of the labour legislation was taking time. He hoped that in the near future his Government would fulfil its obligations as required.

The Committee noted the report of the Committee of Experts and the information supplied by the Government representative, as well as the discussion which had taken place. It expressed its serious concern at the situation in the United Republic of Tanzania regarding the application of the Conventions on forced labour. In this respect, the Committee recalled that the serious problems raised by the Committee of Experts in its report had persisted for many years and had already been examined by it many times in the past, including in 1990. Noting the Government's indications in its report and its explanations before the present Committee to the effect that the observations of the Committee of Experts had been duly taken into account in the legislative reform under way, the Committee expressed the firm hope that the Government would take, without delay, the necessary measures so as to ensure compliance with the conventions concerning the abolition of forced labour. It expressed the strong hope that the Government would supply full and detailed information on the legislative amendments adopted or planned to repeal all the provisions which permitted the imposition of forced or compulsory labour as covered by the Conventions, and that this would be done in time so that the Committee could examine them at its next meeting.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

See also under Convention no. 29.

In addition, a Government representative noted that the Committee of Experts called mainly for the amendment of certain legislation. He referred to his explanations given when dealing with Convention No. 29 which applied to both Conventions, since the process for amending the legislation was the same. Referring to the Committee of Experts' comments in respect of Zanzibar he stated that the Afro-Shirazi decree of 1965 had been repealed by Revolutionary Decree No. 3 of 1988, a copy of which had been sent to the ILO. It would take some time to amend all the legislation which was not in conformity with the provisions of Conventions Nos. 29 and 105. He assured this Committee of the Government's serious commitment in ensuring that this was done and that the national legislation and practice were in full conformity with the provisions of the Conventions.

The Employers' members highlighted the fact that there were as many problems with respect to this Convention as there were with respect to Convention No. 29. There were at least five areas of concern involving forced or compulsory labour: these related to the freedom of oral and written expression; the punishment of negligent workers causing losses to the employer; the punishment of workers engaging in frolic instead of fulfilling their obligation to work; sanction for breaches of labour discipline on board ship; and punishment for engaging in illegal strikes. These were all fundamental issues because they related to Convention No. 105, and, as in the case of Convention No. 29, progress had been slow. The need for tripartite consultation was appreciated but, given the assistance of the ILO, the Government should be in a position to enact the required legislative changes in the very near future.

A Workers' member of Botswana associated himself with the statement of the Employers' members. Any transgressions of the provisions of a Convention as important as this one were of particular concern to the Workers' members. Many of the Workers' members probably had some personal dislike for the idea that, because of a colonial heritage, some kind of compulsion could be condoned for performance of certain productive work. It was very difficult for him personally to accept that idea, because it reminded him of what had happened to his own father when he went to work in the South African mines; he had been arrested and sent not to a prison, but to a nearby farm to perform unpaid bonded labour until he was able to flee and return to his own country. In the present case, a provision of the law enpowered the public authorities to send to prison and put to forced labour any employee who caused pecuniary loss to his employer or damaged his employer's property by any wilful act or omission, negligence or misconduct, or failed to take reasonable care or to discharge his duties in a reasonable manner. If such laws existed in his own country, he himself would have gone to prison many times, because when one worked in mines, there was bound to be some loss of equipment, breakages and so forth. Such laws needed to be repealed. There was also the question of sending a worker to hard labour because he was engaged in activities that were considered to be inconsistent with his assigned duties. The employers were probably aware that at the industrial level, trade unionists were sometimes charged with loafing on duty. Normally they were simply reprimanded and it was worrisome if they could be imprisoned. The speaker welcomed the fact that all these laws were under review and that the amendments were going to be placed before Parliament for enactment. As regarded the case of Zanzibar, he understood that the Afro-Shirazi Party Decree that had been referred to by the Committee of Experts had now been repealed by decree. The Committee of Experts had also requested the Government of Tanzania of inform the ILO of the measures that were being taken to re-examine a number of other legislative provisions and to ensure that prisoners covered by the Convention would be exempt from prison labour. The speaker wanted to know whether those prisoners were now free, or were still awaiting the revision of the legislation.

A Workers' member of the Netherlands repeated the question he had put under Convention No. 29, as to whether there were some political impediments to changing the legislation.

The Government representative stated that he did not think he was going to answer that question.

The Committee noted the information supplied by the Government, which did not substantially add to the information given in previous years. In view of the seriousness of the points raised in the report of the Committee of Experts, and taking into account the long period of time this Committee had been considering this matter, it expressed its firm hope that the Government would show next year that it had done everything in its power to fulfil its obligations under the Convention. The Committee, however, felt obliged to state that if this should not be the case, it might deal with the case in a different way next year.

Individual Case (CAS) - Discussion: 1987, Publication: 73rd ILC session (1987)

See under Convention No. 29, as follows:

A Government representative stated that the Government intended to review all laws relating to labour and make amendments, if necessary, to provisions inconsistent with international obligations and the social and economic development of the country. A tripartite committee had been set up to look into the matter, headed by the International Labour Department of the Ministry of Labour and Manpower and including representatives of the employers' and workers' organisations. It was hoped the results of the Committee's work would be useful and would be given appropriate consideration.

The Workers' members considered that if the Government representative's promises were soon fulfilled, the discussion on this case could be closed. But promises had been made for several years in reports, information and contacts. While tripartite consultations were desirable they should none the less not go on for ever. The Committee of Experts' comments concerned important questions affecting many workers, especially in agriculture. Concrete results should be obtained as soon as possible, if necessary with ILO assistance, in the face of such serious problems.

The Employers' members noted that there were many provisions in national law allowing forced labour, which concerned large groups of the population, and that the situation had not changed much since 1984, when the Committee had already requested the Government to take measures as quickly as possible to ensure the final elimination of these problems. There should be quick action, if necessary with ILO assistance.

The Worker member of Pakistan drew attention to the explanations given in the Committee of Experts' 1979 general survey on the abolition of forced labour concerning legislation obliging all able-bodied citizens to engage in gainful occupation subject to penal sanctions, which were relevant to Tanzanian legislation, such as the Local Government (District Authorities) Act, 1982, the Human Resources Development Act, 1983, the Human Resources Deployment Order, 1984, the Ward Development Committee Act, 1969, and the Resettlement of Offenders Act, 1969. These were in clear contradiction to the forced labour Conventions and should be brought into conformity with these basic instruments.

The Government representative indicated that time was needed to scrutinise the laws and see whether they were inconsistent with other obligations.

The Workers' members took due note of this, but real progress needed to be made, even if by stages.

The Committee took note of the information provided by the Government representative. It recalled that the serious problems referred to in the Committee of Experts' comments had been outstanding for many years and discussed by the present Committee on several earlier occasions. The Committee again expressed the hope that the Government would endeavour to take the necessary measures in the near future and supply full information in this respect. The Committee hoped the Government would avail itself of the technical assistance of the ILO to remove these difficulties.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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.

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

The Committee notes with satisfaction the adoption of the Merchant Shipping Act, 2003 (No. 21), which has repealed the Merchant Shipping Act of 1967, which contained provisions punishing various breaches of discipline by seafarers with imprisonment (involving an obligation to perform labour), even in circumstances where the ship or the life or health of persons were not endangered, as well as provisions, under which deserting seafarers could be forcibly returned on board ship to perform their duties.

Article 1(a) and (b) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views and for failure to engage in socially useful work. For many years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by the United Republic of Tanzania, and which are contrary to Article 1(b) of this Convention.

The Committee previously noted the Government’s repeated statements in its reports that the Committee’s views and comments made on the provisions of the above laws had been duly taken into account, and that the identified laws had been addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government. The Committee notes the Government’s indication in its latest report that the Law Reform Commission is currently carrying out legal research on laws that need amendments or repeal to reflect the current economic, social and political arrangements, including laws which are not compatible with the Convention, with a view to making appropriate recommendations to the Minister responsible for Justice and Constitutional Affairs.

While noting these indications, the Committee trusts that the necessary action will at last be taken in order to repeal or amend all provisions incompatible with the Convention, and that the Government will soon be able to report the progress made in this regard.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

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 the following provisions under which forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (b) and (c) of the Convention:

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expressing political views. Under section 25 of the Newspaper Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), and 19–21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment. Paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act 1982, contains provisions prohibiting, regulating or controlling meetings and other assemblies.

The Committee previously noted the Government’s indications that, following the establishment of multipartism, there had been a process of political reform in Tanzania, with the result that contrary views of individuals are not punished, except those which fall under accepted exceptions to the Convention. As regards the Societies Ordinance, the Government indicated that it had ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992.

While having noted the Government’s statement in its 2003 report that the above laws had been addressed by the Task Force of the current Tanzanian Labour Policy and Legislation Reform with a view to making appropriate recommendations to the Government, the Committee expresses firm hope that the necessary measures will be taken in the near future in order to bring the abovementioned provisions into conformity with the Convention and the indicated practice. It also 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(b) and (c). Penalties involving compulsory labour as a punishment for failure to engage in socially useful work. The Committee previously noted that, under section 176(9) of the Penal Code, 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.

Having noted the Government’s repeated statement that these provisions will be re-examined in the course of the labour law reform, the Committee reiterates firm hope that the necessary measures will be taken by the Government in order to repeal or amend these provisions in the course of the future revision of the Penal Code.

Article 1(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).

Having noted from the Government’s 2003 report that the Economic and Organized Crime Control Act had been listed among the laws to be addressed by the Task Force of the current Tanzanian Labour Policy and Legislation Reform 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.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, under sections 145(1)(b), (c) and (e), and 147 of the Merchant Shipping Act 1967, various breaches of discipline by seafarers are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seafarer who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent.

The Committee previously noted the Government’s indication in its 2002 report concerning the submission of proposals to amend the Merchant Shipping Act, which had been prepared by the International Maritime Organization (IMO), for consideration by the meeting of stakeholders with the participation of the Government bodies, shipping companies and agencies and seafarers’ unions. Referring to its observation under the Convention, the Committee trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

       II. Zanzibar

In its earlier comments, the Committee referred to certain provisions imposing penalties of imprisonment (involving an obligation to perform labour, under section 50 of the Offenders’ Education Act) in the circumstances falling within Article 1(a) and (c) of the Convention. The Committee notes with interest from the Government’s report that, in the course of the labour law reform, a new Penal Act (No. 6 of 2004) has been adopted and the Penal Decree (Cap. 13) has been hereby repealed. The Committee notes, in particular, the repeal of sections 37 and 38 of the Penal Decree (concerning prohibited publications), as well as the Government’s indications concerning the amendment of section 110A of the Decree (dealing with disciplinary sanctions in the public service). The Committee requests the Government to provide a copy of the Penal Act (No. 6 of 2004) with its next report.

Article 1(a). 1. Penalties imposed for seditious offences. Referring to its earlier comments concerning section 41 of the Penal Decree (Cap. 13) (seditious offences), the Committee notes the Government’s indication in its report that, despite the repeal of the Penal Decree, the new Penal Act (No. 6 of 2004) contains similar provisions (section 41) and several convictions have been made under this section, with penalties of imprisonment for a term of not less than seven years. The Committee requests the Government to provide, in its next report, a 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 Government indicates in its latest report that no amendment has been made to this section, though in its 2002 report the Government stated that the Committee’s comments on this provision would be taken into account in the course of the labour law reform. The Committee requests the Government to provide, in its next report, information on the application of section 4(b) in practice, indicating 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, so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

3. Penal provisions concerning unlawful societies. The Committee has noted that sections 55–57 of the Penal Decree concerning unlawful societies have been repealed by the Society Decree No. 20 of 1963, which in turn has been repealed by the Afro Shirazi Party Decree No. 11 of 1965, copies of which have been communicated by the Government with its report. The Committee previously noted the Government’s indication that the latter Decree had been also repealed by Decree No. 3 of 1980. However, Act No. 3 of 1980 (the Election of Chairman of the Revolutionary Council and the President of Zanzibar Act 1980), a copy of which has been supplied by the Government, does not seem to contain provisions to that effect. The Committee requests the Government to clarify this issue and to provide copies of the repealing text with its next report.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 3 of the Zanzibar Government Shipping Decree (Cap. 141) concerning certain disciplinary offences by seafarers. The Committee has noted the Government’s repeated indication in its reports that there has been no convictions under this provision. It hopes that the Government will continue to provide, in its future reports, information on any application of this provision in practice.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (b) and (c) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views, for failure to engage in socially useful work and for various breaches of labour discipline. For many years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by the United Republic of Tanzania, and which are contrary to Article 1(b) of this Convention.

The Committee noted the Government’s statements in its 2003 and 2004 reports that the Committee’s views and comments made on the provisions of the above laws which are incompatible with the Convention had been duly taken into account, and that the identified laws had been addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government. As regards the abovementioned Merchant Shipping Act, the Government indicated in its 2002 report that the International Maritime Organization (IMO) had prepared proposals for the amendment of the Act, which had been submitted to the Government.

The Committee reiterates firm hope that the necessary action will be taken in the near future in order to repeal all provisions incompatible with the Convention, and that the Government will soon be able to report on progress made in this regard.

The Committee is again addressing a more detailed request on the above matters directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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 the following provisions under which forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (b) and (c) of the Convention:

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expressing political views. Under section 25 of the Newspaper Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), and 19–21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment. Paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act 1982, contains provisions prohibiting, regulating or controlling meetings and other assemblies.

The Committee previously noted the Government’s indications that, following the establishment of multipartism, there had been a process of political reform in Tanzania, with the result that contrary views of individuals are not punished, except those which fall under accepted exceptions to the Convention. As regards the Societies Ordinance, the Government indicated that it had ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992.

While having noted the Government’s statement in its 2003 report that the above laws had been addressed by the Task Force of the current Tanzanian Labour Policy and Legislation Reform with a view to making appropriate recommendations to the Government, the Committee expresses firm hope that the necessary measures will be taken in the near future in order to bring the abovementioned provisions into conformity with the Convention and the indicated practice. It also 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(b) and (c). Penalties involving compulsory labour as a punishment for failure to engage in socially useful work. The Committee previously noted that, under section 176(9) of the Penal Code, 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.

Having noted the Government’s repeated statement that these provisions will be re-examined in the course of the labour law reform, the Committee reiterates firm hope that the necessary measures will be taken by the Government in order to repeal or amend these provisions in the course of the future revision of the Penal Code.

Article 1(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).

Having noted from the Government’s 2003 report that the Economic and Organized Crime Control Act had been listed among the laws to be addressed by the Task Force of the current Tanzanian Labour Policy and Legislation Reform 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.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, under sections 145(1)(b), (c) and (e), and 147 of the Merchant Shipping Act 1967, various breaches of discipline by seafarers are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seafarer who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent.

The Committee previously noted the Government’s indication in its 2002 report concerning the submission of proposals to amend the Merchant Shipping Act, which had been prepared by the International Maritime Organization (IMO), for consideration by the meeting of stakeholders with the participation of the Government bodies, shipping companies and agencies and seafarers’ unions. Referring to its observation under the Convention, the Committee trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

II. Zanzibar

In its earlier comments, the Committee referred to certain provisions imposing penalties of imprisonment (involving an obligation to perform labour, under section 50 of the Offenders’ Education Act) in the circumstances falling within Article 1(a) and (c) of the Convention. The Committee notes with interest from the Government’s report that, in the course of the labour law reform, a new Penal Act (No. 6 of 2004) has been adopted and the Penal Decree (Cap. 13) has been hereby repealed. The Committee notes, in particular, the repeal of sections 37 and 38 of the Penal Decree (concerning prohibited publications), as well as the Government’s indications concerning the amendment of section 110A of the Decree (dealing with disciplinary sanctions in the public service). The Committee requests the Government to provide a copy of the Penal Act (No. 6 of 2004) with its next report.

Article 1(a). 1. Penalties imposed for seditious offences. Referring to its earlier comments concerning section 41 of the Penal Decree (Cap. 13) (seditious offences), the Committee notes the Government’s indication in its report that, despite the repeal of the Penal Decree, the new Penal Act (No. 6 of 2004) contains similar provisions (section 41) and several convictions have been made under this section, with penalties of imprisonment for a term of not less than seven years. The Committee requests the Government to provide, in its next report, a 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 Government indicates in its latest report that no amendment has been made to this section, though in its 2002 report the Government stated that the Committee’s comments on this provision would be taken into account in the course of the labour law reform. The Committee requests the Government to provide, in its next report, information on the application of section 4(b) in practice, indicating 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, so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

3. Penal provisions concerning unlawful societies. The Committee has noted that sections 55–57 of the Penal Decree concerning unlawful societies have been repealed by the Society Decree No. 20 of 1963, which in turn has been repealed by the Afro Shirazi Party Decree No. 11 of 1965, copies of which have been communicated by the Government with its report. The Committee previously noted the Government’s indication that the latter Decree had been also repealed by Decree No. 3 of 1980. However, Act No. 3 of 1980 (the Election of Chairman of the Revolutionary Council and the President of Zanzibar Act 1980), a copy of which has been supplied by the Government, does not seem to contain provisions to that effect. The Committee requests the Government to clarify this issue and to provide copies of the repealing text with its next report.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 3 of the Zanzibar Government Shipping Decree (Cap. 141) concerning certain disciplinary offences by seafarers. The Committee has noted the Government’s repeated indication in its reports that there has been no convictions under this provision. It hopes that the Government will continue to provide, in its future reports, information on any application of this provision in practice.

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

The Committee notes with satisfaction that the Employment and Labour Relations Act, 2004 (No. 6), has repealed the Industrial Court of Tanzania Act (No. 41 of 1967), which contained provisions prohibiting strikes contrary to the procedure under the Act, enforceable with penalties of imprisonment (involving an obligation to perform labour).

Article 1(a), (b) and (c) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views, for failure to engage in socially useful work and for various breaches of labour discipline. For many years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by Tanzania, and which are contrary to Article 1(b) of this Convention.

The Committee noted the Government’s statements in its 2003 and 2004 reports that the Committee’s views and comments made on the provisions of the above laws which are incompatible with the Convention had been duly taken into account, and that the identified laws had been addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government. As regards the abovementioned Merchant Shipping Act, the Government indicated in its 2002 report that the International Maritime Organization (IMO) had prepared proposals for the amendment of the Act, which had been submitted to the Government.

The Committee reiterates firm hope that the necessary action will be taken in the near future in order to repeal all provisions incompatible with the Convention, and that the Government will soon be able to report on progress made in this regard.

The Committee is again addressing a more detailed request on the above matters directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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 the following provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

Article 1(a). 1. Under section 25 of the Newspaper Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee previously noted the Government’s indications in its 2001 and 2002 reports that, following the establishment of multipartism, there had been a process of political reform in the United Republic of Tanzania, with the result that contrary views of individuals are not punished, except those which fall under accepted exceptions to the Convention. As regards the Societies Ordinance, the Government confirmed its earlier statement that it had ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992.

In its latest report, the Government states that the Newspaper Act and the Societies Ordinance are being addressed by the task force of the current Tanzanian Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government.

The Committee reiterates its hope that the necessary measures will be taken in the near future in order to bring the abovementioned provisions into conformity with the Convention and the indicated practice. It also hopes 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 requests the Government to supply copies of relevant texts.

2. In its earlier comments, the Committee referred 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. Noting the Government’s indication in its latest report that the Local Government (District Authorities) Act, 1982 is being addressed by the task force of the current Tanzanian Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government, the Committee expresses the hope that measures will be taken to ensure its conformity with the Convention.

Article 1(b) and (c). 3. The Committee previously noted that, under section 176(9) of the Penal Code, 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). Referring to the explanations provided in paragraphs 45 to 48 of its General Survey of 1979 on the abolition of forced labour, 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 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.

Having noted the Government’s repeated statements that these provisions will be re-examined in the course of the labour law reform, the Committee expresses firm hope that the necessary measures will be taken by the Government in order to repeal or amend these provisions in the course of the future revision of the Penal Code.

Article 1(c). 4. In its earlier comments the Committee referred to section 284A of the Penal Code, 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. The Committee also noted that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984 ("Economic offences") contains provisions similar to those of the repealed section 284A of the Penal Code, and the offences prescribed in this Schedule are punishable with imprisonment, which involves an obligation to work (section 59(2) of the Act).

Having noted from the Government’s latest report that the Economic and Organized Crime Control Act is listed among the laws to be addressed by the task force of the current Tanzanian Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government, the Committee expresses the hope that measures will be taken to repeal or amend the abovementioned provisions in order to ensure compliance with the Convention on this point.

Article 1(c) and (d). 5. The Committee previously noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent.

The Committee noted the Government’s indication in its 2002 report concerning the submission of proposals to amend the Merchant Shipping Act, which had been prepared by the International Maritime Organization (IMO), for consideration by the meeting of stakeholders with the participation of government bodies, shipping companies and agencies and seafarers’ unions. Referring to its observation under the Convention, the Committee again requests the Government to supply information about the outcome of that meeting and reiterates strong hope that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 6. The Committee previously noted that the new section 11A(d) of the Industrial Court of Tanzania Act, 1967, as amended by Act No. 2/1993, prohibits the striking contrary to the procedure under the Act, violation of this prohibition being punishable with an imprisonment (involving an obligation to perform labour) (section 12 of the Act).

The Committee has noted the Government’s repeated indication in its reports that the above Act, which has been identified as having provisions incompatible with the Convention, is being addressed under the ongoing Labour Policy and Legislative Reform with a view to recommending the enactment of a law that would conform to the Convention. The Committee reiterates its hope that appropriate measures will be adopted in regard to the above provisions to ensure that, in accordance with the Convention, no form of forced or compulsory labour (including compulsory prison labour) may be imposed as a punishment for having participated in strikes.

II. Zanzibar

In its earlier comments, the Committee referred to certain provisions imposing penalties of imprisonment (involving an obligation to perform labour, under section 50 of the Offenders’ Education Act) in the circumstances falling within Article 1(a) and (c) of the Convention. As the Government’s report contains no reply to these comments, the Committee hopes that the next report will include full information on the following matters raised in its previous direct request:

Article 1(a). 1. Sections 37 and 38 of the Penal Decree (concerning prohibited publications) and section 41 of the Penal Decree (concerning seditious offences). The Committee noted the Government’s indication in its 2002 report that the Committee’s comments on these provisions would be taken into account in the course of the labour law reform in Zanzibar. It reiterates the hope that the Government will continue to provide information on the application in practice of the above provisions, including the number of convictions under these sections, the circumstances in which such offences were committed, and the penalties imposed.

2. 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 Government indicated in its 2002 report that the Committee’s comments on this provision would be taken into account in the course of the labour law reform. The Committee again requests the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention.

3. Sections 55 to 57 of the Penal Decree concerning unlawful societies. The Committee previously noted the Government’s indication that these sections of the Penal Decree had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. It again requests the Government to provide copies of the repealing decrees.

Article 1(c). 4. 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. Referring to the explanations provided in paragraphs 110-119 of its General Survey of 1979 on the abolition of forced labour, the Committee pointed 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 noted the Government’s indication in its 2002 report that the Committee’s comments on these sections would be taken into account in the course of the labour law reform. It reiterates its hope that these provisions will be re-examined in the light of the above explanations in order to ensure compliance with the Convention.

5. Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee previously noted the Government’s indication that there had been no convictions under this provision.  It hopes that the Government will continue to provide, in its future reports, information on any application of this provision in practice.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reply to its earlier comments.

Article 1(a), (b), (c) and (d) of the Convention. For a number of years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act, the Industrial Court Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by the United Republic of Tanzania, and which are contrary to Article 1(b) of this Convention.

The Committee previously noted the Government’s indications in its 2001 and 2002 reports that the legislation referred to above had been identified by the Law Reform Commission as being among 40 legislative texts which are unconstitutional on the grounds that they are contrary to human rights and incompatible with forced labour Conventions. It also noted the Government’s indication that the Governments of the United Republic Tanzania and Denmark had signed an agreement concerning financing by DANIDA of a project entitled "A new approach on labour policy and legislative reform", which covered all labour laws and labour-related legislation in the United Republic of Tanzania, including those texts which had been identified and criticized for non-compliance with ratified Conventions. As regards the abovementioned Merchant Shipping Act, the Government indicated in its 2002 report that the International Maritime Organization (IMO) had prepared proposals for the amendment of the Act, which had been submitted to the Government.

In its latest report, the Government states that it has noted the Committee’s views and comments made on the provisions of the above laws which are incompatible with the Convention, and that the identified laws are being addressed by the Task Force of the current Tanzania Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government.

The Committee trusts that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon be able to report on progress made in this regard.

The Committee is again addressing a more detailed request on the above matters directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Referring to its observation under the Convention, the Committee has noted the information supplied by the Government in reply to its earlier comments, including copies of various legislative texts. It requests the Government to provide, in its next report, information on the following points.

I.  Tanzanian mainland

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

Article 1(a). 1. Under section 25 of the Newspaper Act, 1976, the President may, if he considers it necessary in the public interest or in the interests 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). Under sections 6, 8, 9(a), 12(i) and (ii), and 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies, participation in an unregistered society being punishable by imprisonment.

The Government indicates in its reports received in 2001 and 2002, referring also to a statement by the Government representative during the discussion at the Conference Committee in 2000, that, following the establishment of multipartism, there has been a process of political reform in the United Republic of Tanzania, with the result that contrary views of individuals are not punished, except those which fall under accepted exceptions to the Convention. As regards the Societies Ordinance, the Government confirms its previous statement that it ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992. The Government reiterates that the abovementioned provisions of the Newspaper Act and the Societies Ordinance will be reconsidered in the course of the new labour policy and legislation reform in order to be brought into conformity with the Convention.

The Committee has taken due note of these indications. It hopes that the necessary measures will be taken in the near future in order to bring the abovementioned provisions into conformity with the Convention and the indicated practice. It also hopes that the Government will describe in detail the new policy regarding the formation of societies, to which reference has been made in the report, and requests the Government to supply copies of relevant texts.

2. In its earlier comments the Committee asked the Government to 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). The Committee previously noted the Government’s indication that no such provisions had been adopted to this effect. It would be grateful if, in its future reports, the Government would supply information on any changes in the position.

Article 1(b). 3. In its earlier comments, the Committee requested information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee has noted the explanations concerning the scope of this section contained in the Government’s report on Convention No. 29 and in the statement by the Government representative in the course of the discussion at the Conference Committee in 2000. It has also noted the Government’s indication in its 2001 and 2002 reports that research concerning the court decisions in question is subject to availability of resources and that no such research has been conducted to date. The Committee hopes that the information requested will be communicated by the Government as soon as such research is conducted.

Article 1(b) and (c). 4. The Committee previously noted that, under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). Referring to the explanations provided in paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, 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 abolition of forced labour 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 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 Government indicates in its 2001 and 2002 reports that the existence of such provisions has to be viewed in relation to the special circumstances of the economy at the time of the ratification of the Convention, and that, in the light of the current changes, these provisions will be re-examined in the course of the labour law reform.

The Committee reiterates its hope that appropriate measures will be taken by the Government in order to repeal or amend these provisions, and that, pending their repeal or amendment, the Government will continue to provide information on their application in practice.

Article 1(c). 5. In its earlier comments the Committee referred to section 284A of the Penal Code, under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer’s 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. The Committee also noted that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, as well as the Government’s indication in its earlier report that the substance of this section is contained in the Economic and Organized Crime Control Act. The Committee has noted that section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984 ("Economic offences") contains provisions similar to those of the repealed section 284A of the Penal Code, and the offences prescribed in this Schedule are punishable with imprisonment (which involves an obligation to work) (section 59(2) of the Act). While having previously noted the Government’s statement that these provisions are more of a preventive rather than punitive nature and there are few convictions made thereunder, the Committee requests the Government to indicate, in its next report, any measures taken or contemplated to repeal or amend the abovementioned provisions of the Economic and Organized Crime Control Act, 1984, in order to ensure compliance with the Convention on this point.

Article 1(c) and (d). 6. The Committee previously noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent.

Referring to its observation under the Convention, the Committee has noted the Government’s indication in its latest report concerning the submission of proposals to amend the Merchant Shipping Act, which have been prepared by the International Maritime Organization (IMO), for consideration by the meeting of stakeholders with the participation of the government bodies, shipping companies and agencies and seafarers’ unions. The Committee requests the Government to supply, in its next report, information about the outcome of that meeting and expresses strong hope that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 7. In its earlier comments the Committee noted that sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, which contained provisions for compulsory arbitration in labour disputes, making it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour), have been amended by Act No. 2/1993. The Committee has noted, however, that the new section 11A(d) of the Industrial Court of Tanzania Act, as amended by Act No. 2/1993, prohibits striking contrary to the procedure under the Act, violation of this prohibition being punishable with imprisonment (involving an obligation to perform labour) (section 12 of the Act).

The Committee has noted the Government’s indication in its 2001 and 2002 reports that the question of labour disputes resolution, including the incompatibility of current provisions with the Convention, is going to be considered under the project "A new approach on labour policy and legislative reform". The Committee therefore hopes that appropriate measures will be adopted in regard to these provisions to ensure that, in accordance with the Convention, no form of forced or compulsory labour (including compulsory prison labour) may be imposed as a punishment for having participated in strikes.

II.  Zanzibar

In its earlier comments, the Committee referred to the following provisions imposing penalties of imprisonment (involving an obligation to perform labour, under section 50 of the Offenders’ Education Act) in the circumstances falling within Article 1 (a) and (c) of the Convention.

Article 1(a). 1. Sections 37 and 38 of the Penal Decree (concerning prohibited publications) and section 41 of the Penal Decree (concerning seditious offences). The Committee has noted the Government’s indication in its 2002 report that the Committee’s comments on these provisions will be taken into account in the course of the labour law reform in Zanzibar. It reiterates the hope that the Government will continue to provide information on the application in practice of the above provisions, including the number of convictions under these sections, the circumstances in which such offences were committed, and the penalties imposed.

2. 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 Government indicates in its report that the Committee’s comments on this provision will be taken into account in the course of the labour law reform. The Committee again requests the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention.

3. Sections 55 to 57 of the Penal Decree concerning unlawful societies. The Committee previously noted the Government’s indication that these sections of the Penal Decree had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. It again requests the Government to provide copies of the repealing Decrees.

Article 1(c). 4. 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. Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed 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 is 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 has noted the Government’s indication in its report that the Committee’s comments on these sections will be taken into account in the course of the labour law reform and reiterates its hope that these provisions would be re-examined in the light of the above explanations in order to ensure compliance with the Convention.

5. Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee previously noted the Government’s indication that there have been no convictions under this provision. It hopes that the Government will continue to provide, in its future reports, information on any application of this provision in practice.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the Government’s reports received in 2001 and 2002.

Article 1(a), (b), (c) and (d) of the Convention. For a number of years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act, the Industrial Court Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by the United Republic of Tanzania, and which are contrary to Article 1(b) of this Convention. The Committee refers in this connection to its 2002 observation on Convention No. 29, in which it has noted with satisfaction that the Human Resources Deployment Act, 1983, has been repealed.

The Government indicates in its 2001 and 2002 reports, referring also to a statement by the Government representative during the discussion at the Conference Committee in 2000, that the Penal Code, the Newspaper Act, the Merchant Shipping Act, the Industrial Court Act and the Local Government (District Authorities) Act have been identified by the Law Reform Commission as being among 40 legislative texts which are unconstitutional on the grounds that they are contrary to human rights and incompatible with the forced labour Conventions. The Government also states that, being a developing country, the United Republic of Tanzania suffers from resource constraints, including the shortage of trained personnel, which slows down the review of laws.

The Committee has noted with interest the adoption of the Commission for Human Rights and Good Governance Act, 2001, which empowers the said Commission, inter alia, to promote the ratification of treaties or conventions on human rights and harmonization of national legislation with human rights standards provided for therein, and to make recommendations on any legislative or administrative provisions, proposed or in existence, with a view to ensuring that they conform to human rights and good governance (section 6(1), (k) and (l), of the Act). It has also noted the Government’s indication in its 2001 and 2002 reports that the Governments of the United Republic of Tanzania and Denmark have signed an agreement concerning financing by DANIDA of a project entitled "A new approach on labour policy and legislative reform", which covers all labour laws and labour-related legislation in the United Republic of Tanzania, including those texts which have been identified and criticized for the non-compliance with ratified Conventions.

As regards the abovementioned Merchant Shipping Act, the Committee previously noted the Government’s indication in its earlier reports that proposals regarding its amendment in order to bring it into conformity with the Convention were to be submitted to the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government was working towards finalizing the amendments. In its latest report, the Government indicates that the International Maritime Organization (IMO) has prepared proposals for the amendment of the Act, which have been submitted to the Government.

The Committee strongly expresses the hope that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon be able to report on progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Tanzania mainland

In its earlier comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention.  1.  Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government’s indication in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony. The Committee requested the Government to provide information on the application in practice of the aforementioned provisions of the Societies Act, including copies of any court decisions.

The Government indicates in its latest report that the general approach of the Registrar of Societies is rather to ensure that all the conditions necessary for registration are fulfilled. It states, however, that in practice the Registrar may refuse registration; the refusal has to be published in the Government Gazette. As regards section 19 of the Societies Ordinance referred to above, the Government indicates that it has not been implemented due to the fact that preference has been given to a similar provision of the Penal Code (Cap. 16). It also states that a new policy regarding the formation of societies and application of the Societies Ordinance is under way, and that the said policy intends to facilitate and promote the establishment of societies.

The Committee has taken due note of these indications. It would appreciate it if the Government would describe this new policy in more detail, as soon as it is adopted, and supply copies of relevant texts, as well as of the provisions of the Penal Code corresponding to section 19 of the Societies Ordinance. The Committee asks the Government to continue to provide information on the application in practice of the aforementioned provisions of the Societies Act, as well as of the corresponding provision of the Penal Code, including copies of any court decisions defining or illustrating their scope. It also takes due note of the Governments indication that a copy of the Political Parties Act, 1992, is to be supplied as soon as the process of printing copies thereof is completed.

2.  In its earlier comments the Committee asked the Government to 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). The Committee noted the Governments indication in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee notes from the Government’s latest report that no such provisions have been adopted to this effect pursuant to paragraph 56 referred to above. The Committee requests the Government to supply in its future reports information on any changes in the position.

Article 1(b).  3.  The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee notes the Governments indication in the report that time will be required to gather such information across the country. The Committee again expresses the hope that the Government will be soon in a position to provide the information requested.

Article 1(b) and (c).  4.  In its earlier comments the Committee noted that, under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Government indicates in its latest report that section 176 of the Penal Code refers to idle and disorderly persons, and that the purpose and practice of this section is to avert sending persons convicted under the Penal Code to prison by deploying them in income-generating activities. The Government also states that the Human Resources Deployment Act seeks to provide such persons with necessary employment when and where available.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, the Committee must point 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 Abolition of Forced Labour 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 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 therefore hopes that appropriate measures will be taken by the Government in order to repeal or amend these provisions, and that, pending their repeal or amendment, the Government will continue to provide information on their application in practice, as well as on measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour may be imposed as a means of labour discipline.

Article 1(c).  5.  In its earlier comments the Committee also referred to section 284A of the Penal Code (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). The Committee took note of the Government’s statement in its report received in 1992 that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are few convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee requests the Government once again to provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force. It also asks the Government to indicate, in its next report, any measures taken or contemplated in order to ensure compliance with Article 1(c).

Article 1(c) and (d).  6.  In its earlier comments the Committee noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee also noted the Government’s statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute.

Referring to its observation under the Convention, the Committee notes the Government’s indication in its latest report concerning the submission of proposals to amend the Merchant Shipping Act, with a view to bring it into conformity with the Convention, to the tripartite Labour Advisory Board for consideration. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced labour, trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d).  7.  In its earlier comments the Committee noted that sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners.

The Committee notes with interest from the Government’s latest report that sections 4, 8 and 11 of the abovementioned Act have been amended by Act No. 2/1992, a copy of which is going to be provided by the Government before the submission of its next report. The Committee hopes that a copy of Act No. 2/1992 will be supplied by the Government in the very near future.

Zanzibar

Article 1(a), (b) and (c) of the Convention.  8.  In its earlier comments the Committee requested information on a number of provisions imposing penalties of imprisonment (involving under section 50 of the Offenders’ Education Act an obligation to perform labour). It notes the Governments indication in its latest report that the issues raised have been communicated to the competent authorities in Zanzibar, though no response has yet been received. The Committee trusts that the Government will not fail to provide, in its next report, the information on the following points:

(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 noted the Government’s indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee expressed the hope that the Government would continue to provide information on the application in practice of these provisions.

The Committee noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requested the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee expressed the hope that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government’s indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requested the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 noted the Government’s indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. The Committee expressed the hope that for the sake of legal certainty the Government would envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renewed its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d)  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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed 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 expressed the hope that the Government would re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e)  Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee noted the Government’s information that there have been no convictions under this provision.

The Committee expressed the hope that the Government will provide information on any application in practice of this provision.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

  Article 1(a), (b), (c) and (d) of the Convention.  In its earlier comments the Committee referred to a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. It noted the Government’s statement in its report received in 1992 that ministerial consultations aimed at amending the legislation referred to above were continuing, bearing in mind the political situation following the adoption of the ninth constitutional amendment. The Constitution, as amended, has allowed for multi‑party politics; and the Political Parties Act, 1992, has provided specifically for formation and registration of political parties.

The Committee expressed the hope that the draft legislation under consideration would provide for the repeal of all provisions which are incompatible with the Convention and that the Government would indicate the action taken in this regard. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments to which it referred in its comments under Convention No. 29 and which are contrary to Article 1(b) of this Convention.

The Committee previously noted the Government’s indication in its 1996 report that proposals regarding amendment of the Merchant Shipping Act in order to bring it into conformity with the Convention had been submitted by the trade union to the Government for the purpose of being tabled within the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government intended to supply information on the position of the LAB as soon as its work was completed. The Government indicates in its latest report that it is working towards finalizing amendments to the Merchant Shipping Act.

The Committee has noted the Government’s indication in its report that the Newspapers Act, Penal Code, Economic and Organized Crime Act, Societies Ordinance and some other pieces of legislation have been referred to the Law Reform Commission, which has prepared a report and submitted it to Parliament. With reference to its observation on Convention No. 29, the Committee also notes from the Government’s report that the Human Resources Deployment Act of 1983 has been repealed and replaced by the National Employment Promotion Service Act of 1999 and asks the Government to supply a copy of the repealing text, as well as a copy of the new Act. It also requests once again that copies be supplied of the Political Parties Act, Economic and Organized Crime Act and Penal Code as in force, which the Government referred to as attached to the report, but which have not been received at the ILO.

The Committee trusts that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon report on progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to its observation under the Convention, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Tanzania mainland

In its earlier comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government's indication in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony. The Committee requested the Government to provide information on the application in practice of the aforementioned provisions of the Societies Act, including copies of any court decisions.

The Government indicates in its latest report that the general approach of the Registrar of Societies is rather to ensure that all the conditions necessary for registration are fulfilled. It states, however, that in practice the Registrar may refuse registration; the refusal has to be published in the Government Gazette. As regards section 19 of the Societies Ordinance referred to above, the Government indicates that it has not been implemented due to the fact that preference has been given to a similar provision of the Penal Code (Cap. 16). It also states that a new policy regarding the formation of societies and application of the Societies Ordinance is under way, and that the said policy intends to facilitate and promote the establishment of societies.

The Committee has taken due note of these indications. It would appreciate it if the Government would describe this new policy in more detail, as soon as it is adopted, and supply copies of relevant texts, as well as of the provisions of the Penal Code corresponding to section 19 of the Societies Ordinance. The Committee asks the Government to continue to provide information on the application in practice of the aforementioned provisions of the Societies Act, as well as of the corresponding provision of the Penal Code, including copies of any court decisions defining or illustrating their scope. It also takes due note of the Governments indication that a copy of the Political Parties Act, 1992, is to be supplied as soon as the process of printing copies thereof is completed.

2. In its earlier comments the Committee asked the Government to 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). The Committee noted the Governments indication in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee notes from the Government's latest report that no such provisions have been adopted to this effect pursuant to paragraph 56 referred to above. The Committee requests the Government to supply in its future reports information on any changes in the position.

Article 1(b). 3. The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee notes the Governments indication in the report that time will be required to gather such information across the country. The Committee again expresses the hope that the Government will be soon in a position to provide the information requested.

Article 1(b) and (c). 4. In its earlier comments the Committee noted that, under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Government indicates in its latest report that section 176 of the Penal Code refers to idle and disorderly persons, and that the purpose and practice of this section is to avert sending persons convicted under the Penal Code to prison by deploying them in income-generating activities. The Government also states that the Human Resources Deployment Act seeks to provide such persons with necessary employment when and where available.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, the Committee must point 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 Abolition of Forced Labour 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 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 therefore hopes that appropriate measures will be taken by the Government in order to repeal or amend these provisions, and that, pending their repeal or amendment, the Government will continue to provide information on their application in practice, as well as on measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour may be imposed as a means of labour discipline.

Article 1(c). 5. In its earlier comments the Committee also referred to section 284A of the Penal Code (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). The Committee took note of the Government's statement in its report received in 1992 that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are few convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee requests the Government once again to provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force. It also asks the Government to indicate, in its next report, any measures taken or contemplated in order to ensure compliance with Article 1(c).

Article 1(c) and (d). 6. In its earlier comments the Committee noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee also noted the Government's statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute.

Referring to its observation under the Convention, the Committee notes the Government's indication in its latest report concerning the submission of proposals to amend the Merchant Shipping Act, with a view to bring it into conformity with the Convention, to the tripartite Labour Advisory Board for consideration. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced labour, trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 7. In its earlier comments the Committee noted that sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners.

The Committee notes with interest from the Government's latest report that sections 4, 8 and 11 of the abovementioned Act have been amended by Act No. 2/1992, a copy of which is going to be provided by the Government before the submission of its next report. The Committee hopes that a copy of Act No. 2/1992 will be supplied by the Government in the very near future.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 8. In its earlier comments the Committee requested information on a number of provisions imposing penalties of imprisonment (involving under section 50 of the Offenders' Education Act an obligation to perform labour). It notes the Governments indication in its latest report that the issues raised have been communicated to the competent authorities in Zanzibar, though no response has yet been received. The Committee trusts that the Government will not fail to provide, in its next report, the information on the following points:

(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 noted the Government's indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee expressed the hope that the Government would continue to provide information on the application in practice of these provisions.

The Committee noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requested the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee expressed the hope that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government's indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requested the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 noted the Government's indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. The Committee expressed the hope that for the sake of legal certainty the Government would envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renewed its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed 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 expressed the hope that the Government would re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee noted the Government's information that there have been no convictions under this provision.

The Committee expressed the hope that the Government will provide information on any application in practice of this provision.

[The Government is asked to supply full particulars to the Conference at its 88th Session and to report in detail in 2000.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Article 1(a), (b), (c) and (d) of the Convention. In its earlier comments the Committee referred to a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. It noted the Government's statement in its report received in 1992 that ministerial consultations aimed at amending the legislation referred to above were continuing, bearing in mind the political situation following the adoption of the ninth constitutional amendment. The Constitution, as amended, has allowed for multi-party politics; and the Political Parties Act, 1992, has provided specifically for formation and registration of political parties.

The Committee expressed the hope that the draft legislation under consideration would provide for the repeal of all provisions which are incompatible with the Convention and that the Government would indicate the action taken in this regard. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments to which it referred in its comments under Convention No. 29 and which are contrary to Article 1(b) of this Convention.

The Committee previously noted the Government's indication in its 1996 report that proposals regarding amendment of the Merchant Shipping Act in order to bring it into conformity with the Convention had been submitted by the trade union to the Government for the purpose of being tabled within the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government intended to supply information on the position of the LAB as soon as its work was completed. The Government indicates in its latest report that it is working towards finalizing amendments to the Merchant Shipping Act.

The Committee notes the Government's indication in its report that the Newspapers Act, Penal Code, Economic and Organized Crime Act, Societies Ordinance and some other pieces of legislation have been referred to the Law Reform Commission, which has prepared a report and submitted it to Parliament. With reference to its observation on Convention No. 29, the Committee also notes from the Government's report that the Human Resources Deployment Act of 1983 has been repealed and replaced by the National Employment Promotion Service Act of 1999 and asks the Government to supply a copy of the repealing text, as well as a copy of the new Act. It also requests once again that copies be supplied of the Political Parties Act, Economic and Organized Crime Act and Penal Code as in force, which the Government referred to as attached to the report, but which have not been received at the ILO.

The Committee trusts that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon report progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 88th Session and to report in detail in 2000.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Referring to its observation under the Convention, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Tanzania mainland

In its earlier comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government's indication in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony. The Committee requested the Government to provide information on the application in practice of the aforementioned provisions of the Societies Act, including copies of any court decisions.

The Government indicates in its latest report that the general approach of the Registrar of Societies is rather to ensure that all the conditions necessary for registration are fulfilled. It states, however, that in practice the Registrar may refuse registration; the refusal has to be published in the Government Gazette. As regards section 19 of the Societies Ordinance referred to above, the Government indicates that it has not been implemented due to the fact that preference has been given to a similar provision of the Penal Code (Cap.16). It also states that a new policy regarding the formation of societies and application of the Societies Ordinance is under way, and that the said policy intends to facilitate and promote the establishment of societies.

The Committee has taken due note of these indications. It would appreciate it if the Government would describe this new policy in more detail, as soon as it is adopted, and supply copies of relevant texts, as well as of the provisions of the Penal Code corresponding to section 19 of the Societies Ordinance. The Committee asks the Government to continue to provide information on the application in practice of the aforementioned provisions of the Societies Act, as well as of the corresponding provision of the Penal Code, including copies of any court decisions defining or illustrating their scope. It also takes due note of the Governments indication that a copy of the Political Parties Act, 1992, is to be supplied as soon as the process of printing copies thereof is completed.

2. In its earlier comments the Committee asked the Government to 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). The Committee noted the Governments indication in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee notes from the Government's latest report that no such provisions have been adopted to this effect pursuant to paragraph 56 referred to above. The Committee requests the Government to supply in its future reports information on any changes in the position.

Article 1(b). 3. The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee notes the Governments indication in the report that time will be required to gather such information across the country. The Committee again expresses the hope that the Government will be soon in a position to provide the information requested.

Article 1(b) and (c). 4. In its earlier comments the Committee noted that, under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Government indicates in its latest report that section 176 of the Penal Code refers to idle and disorderly persons, and that the purpose and practice of this section is to avert sending persons convicted under the Penal Code to prison by deploying them in income-generating activities. The Government also states that the Human Resources Deployment Act seeks to provide such persons with necessary employment when and where available.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, the Committee must point 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 Abolition of Forced Labour 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 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 therefore hopes that appropriate measures will be taken by the Government in order to repeal or amend these provisions, and that, pending their repeal or amendment, the Government will continue to provide information on their application in practice, as well as on measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour may be imposed as a means of labour discipline.

Article 1(c). 5. In its earlier comments the Committee also referred to section 284A of the Penal Code (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). The Committee took note of the Government's statement in its report received in 1992 that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are few convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee requests the Government once again to provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force. It also asks the Government to indicate, in its next report, any measures taken or contemplated in order to ensure compliance with Article 1(c).

Article 1(c) and (d). 6. In its earlier comments the Committee noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee also noted the Government's statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute.

Referring to its observation under the Convention, the Committee notes the Government's indication in its latest report concerning the submission of proposals to amend the Merchant Shipping Act, with a view to bring it into conformity with the Convention, to the tripartite Labour Advisory Board for consideration. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced labour, trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 7. In its earlier comments the Committee noted that sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners.

The Committee notes with interest from the Government's latest report that sections 4, 8 and 11 of the above-mentioned Act have been amended by Act No. 2/1992, a copy of which is going to be provided by the Government before the submission of its next report. The Committee hopes that a copy of Act No. 2/1992 will be supplied by the Government in the very near future.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 8. In its earlier comments the Committee requested information on a number of provisions imposing penalties of imprisonment (involving under section 50 of the Offenders' Education Act an obligation to perform labour). It notes the Governments indication in its latest report that the issues raised have been communicated to the competent authorities in Zanzibar, though no response has yet been received. The Committee trusts that the Government will not fail to provide, in its next report, the information on the following points:

(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 noted the Government's indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee expressed the hope that the Government would continue to provide information on the application in practice of these provisions.

The Committee noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requested the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee expressed the hope that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government's indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requested the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 noted the Government's indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. The Committee expressed the hope that for the sake of legal certainty the Government would envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renewed its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed 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 expressed the hope that the Government would re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee noted the Government's information that there have been no convictions under this provision.

The Committee expressed the hope that the Government will provide information on any application in practice of this provision.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that, as the Government's report gives no further particulars in reply to the earlier observation and direct requests, the Committee must return to the question in a new observation and a direct request. It hopes that the Government will take the necessary steps and supply the information requested.

Article 1(a), (b), (c) and (d) of the Convention. In its earlier comments the Committee referred to a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. It noted the Government's statement in its report received in 1992 that ministerial consultations aimed at amending the legislation referred to above were continuing, bearing in mind the political situation, following the adoption of the ninth constitutional amendment. The Constitution, as amended, has allowed for multi-party politics; and the Political Parties Act 1992 has provided specifically for formation and registration of political parties.

The Committee expressed the hope that the draft legislation under consideration would provide for the repeal of all provisions which are incompatible with the Convention and that the Government would indicate the action taken in this regard. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of different enactments to which it referred in its comments under Convention No. 29 which contradict Article 1(b) of this Convention.

The Government indicates in its latest report that proposals regarding amendment of the Merchant Shipping Act so as to bring it into conformity with the Convention have been submitted by the trade union to the Government for purposes of being tabled within the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government intends to supply information on the position of the LAB as soon as its work is completed.

In the absence of new information concerning the amendment of other Acts referred to above, the Committee again expresses the hope that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon report progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. Referring to its observation under the Convention, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Tanzania mainland

In its earlier comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government's indication in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony. The Committee requested the Government to provide information on the application in practice of the aforementioned provisions of the Societies Act, including copies of any court decisions.

The Government indicates in its latest report that the general approach of the Registrar of Societies is rather to ensure that all the conditions necessary for registration are fulfilled. It states, however, that in practice the Registrar may refuse registration; the refusal has to be published in the Government Gazette. As regards section 19 of the Societies Ordinance referred to above, the Government indicates that it has not been implemented due to the fact that preference has been given to a similar provision of the Penal Code (Cap.16). It also states that a new policy regarding the formation of societies and application of the Societies Ordinance is under way, and that the said policy intends to facilitate and promote the establishment of societies.

The Committee has taken due note of these indications. It would appreciate it if the Government would describe this new policy in more detail, as soon as it is adopted, and supply copies of relevant texts, as well as of the provisions of the Penal Code corresponding to section 19 of the Societies Ordinance. The Committee asks the Government to continue to provide information on the application in practice of the aforementioned provisions of the Societies Act, as well as of the corresponding provision of the Penal Code, including copies of any court decisions defining or illustrating their scope. It also takes due note of the Governments indication that a copy of the Political Parties Act, 1992, is to be supplied as soon as the process of printing copies thereof is completed.

2. In its earlier comments the Committee asked the Government to 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). The Committee noted the Governments indication in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee notes from the Government's latest report that no such provisions have been adopted to this effect pursuant to paragraph 56 referred to above. The Committee requests the Government to supply in its future reports information on any changes in the position.

Article 1(b). 3. The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee notes the Governments indication in the report that time will be required to gather such information across the country. The Committee again expresses the hope that the Government will be soon in a position to provide the information requested.

Article 1(b) and (c). 4. In its earlier comments the Committee noted that, under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Government indicates in its latest report that section 176 of the Penal Code refers to idle and disorderly persons, and that the purpose and practice of this section is to avert sending persons convicted under the Penal Code to prison by deploying them in income-generating activities. The Government also states that the Human Resources Deployment Act seeks to provide such persons with necessary employment when and where available.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, the Committee must point 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 Abolition of Forced Labour 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 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 therefore hopes that appropriate measures will be taken by the Government in order to repeal or amend these provisions, and that, pending their repeal or amendment, the Government will continue to provide information on their application in practice, as well as on measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour may be imposed as a means of labour discipline.

Article 1(c). 5. In its earlier comments the Committee also referred to section 284A of the Penal Code (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). The Committee took note of the Government's statement in its report received in 1992 that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are few convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee requests the Government once again to provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force. It also asks the Government to indicate, in its next report, any measures taken or contemplated in order to ensure compliance with Article 1(c).

Article 1(c) and (d). 6. In its earlier comments the Committee noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee also noted the Government's statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute.

Referring to its observation under the Convention, the Committee notes the Government's indication in its latest report concerning the submission of proposals to amend the Merchant Shipping Act, with a view to bring it into conformity with the Convention, to the tripartite Labour Advisory Board for consideration. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced or compulsory labour, trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 7. In its earlier comments the Committee noted that sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners.

The Committee notes with interest from the Government's latest report that sections 4, 8 and 11 of the above-mentioned Act have been amended by Act No. 2/1992, a copy of which is going to be provided by the Government before the submission of its next report. The Committee hopes that a copy of Act No. 2/1992 will be supplied by the Government in the very near future.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 8. In its earlier comments the Committee requested information on a number of provisions imposing penalties of imprisonment (involving under section 50 of the Offenders' Education Act an obligation to perform labour). It notes the Governments indication in its latest report that the issues raised have been communicated to the competent authorities in Zanzibar, though no response has yet been received. The Committee trusts that the Government will not fail to provide, in its next report, the information on the following points:

(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 noted the Government's indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee expressed the hope that the Government would continue to provide information on the application in practice of these provisions.

The Committee noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requested the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee expressed the hope that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government's indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requested the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 noted the Government's indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. The Committee expressed the hope that for the sake of legal certainty the Government would envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renewed its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed 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 expressed the hope that the Government would re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee noted the Government's information that there have been no convictions under this provision.

The Committee expressed the hope that the Government will provide information on any application in practice of this provision.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1(a), (b), (c) and (d) of the Convention. In its earlier comments the Committee referred to a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. It noted the Government's statement in its report received in 1992 that ministerial consultations aimed at amending the legislation referred to above were continuing, bearing in mind the political situation, following the adoption of the ninth constitutional amendment. The Constitution, as amended, has allowed for multi-party politics; and the Political Parties Act 1992 has provided specifically for formation and registration of political parties. The Committee expressed the hope that the draft legislation under consideration would provide for the repeal of all provisions which are incompatible with the Convention and that the Government would indicate the action taken in this regard. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of different enactments to which it referred in its comments under Convention No. 29 and which are in contradiction with Article 1(b) of Convention No. 105. The Government indicates in its latest report that proposals regarding amendment of the Merchant Shipping Act so as to bring it into conformity with the Convention have been submitted by the trade union to the Government for purposes of being tabled within the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government intends to supply information on the position of the LAB as soon as its work is completed. In the absence of new information concerning the amendment of other Acts referred to above, the Committee again expresses the hope that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon report progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its observation under the Convention, the Committee asks the Government to supply information on the following points:

Tanzania mainland

In its earlier comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b), (c) and (d) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government's indication in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony. The Committee requested the Government to provide information on the application in practice of the aforementioned provisions of the Societies Act, including copies of any court decisions.

The Government indicates in its latest report that the general approach of the Registrar of Societies is rather to ensure that all the conditions necessary for registration are fulfilled. It states, however, that in practice the Registrar may refuse registration; the refusal has to be published in the Government Gazette. As regards section 19 of the Societies Ordinance referred to above, the Government indicates that it has not been implemented due to the fact that preference has been given to a similar provision of the Penal Code (Cap.16). It also states that a new policy regarding the formation of societies and application of the Societies Ordinance is under way, and that the said policy intends to facilitate and promote the establishment of societies.

The Committee has taken due note of these indications. It would appreciate it if the Government would describe this new policy in more detail, as soon as it is adopted, and supply copies of relevant texts, as well as of the provisions of the Penal Code corresponding to section 19 of the Societies Ordinance. The Committee asks the Government to continue to provide information on the application in practice of the aforementioned provisions of the Societies Act, as well as of the corresponding provision of the Penal Code, including copies of any court decisions defining or illustrating their scope. It also takes due note of the Government's indication that a copy of the Political Parties Act, 1992, is to be supplied as soon as the process of printing copies thereof is completed.

2. In its earlier comments the Committee asked the Government to 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). The Committee noted the Government's indication in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee notes from the Government's latest report that no such provisions have been adopted to this effect pursuant to paragraph 56 referred to above. The Committee requests the Government to supply in its future reports information on any changes in the position.

Article 1(b). 3. The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee notes the Government's indication in the report that time will be required to gather such information across the country. The Committee again expresses the hope that the Government will be soon in a position to provide the information requested.

Article 1(b) and (c). 4. In its earlier comments the Committee noted that, under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Government indicates in its latest report that section 176 of the Penal Code refers to idle and disorderly persons, and that the purpose and practice of this section is to avert sending persons convicted under the Penal Code to prison by deploying them in income-generating activities. The Government also states that the Human Resources Deployment Act seeks to provide such persons with necessary employment when and where available.

The Committee takes due note of these indications. Referring to the explanations provided in paragraphs 45 to 48 of its 1979 General Survey on the abolition of forced labour, the Committee must point 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 Abolition of Forced Labour 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 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 therefore hopes that appropriate measures will be taken by the Government in order to repeal or amend these provisions, and that, pending their repeal or amendment, the Government will continue to provide information on their application in practice, as well as on measures taken or contemplated in regard to these provisions to ensure that no form of forced or compulsory labour may be imposed as a means of labour discipline.

Article 1(c). 5. In its earlier comments the Committee also referred to section 284A of the Penal Code (under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer's 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). The Committee took note of the Government's statement in its report received in 1992 that section 284A of the Penal Code had been repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are few convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee requests the Government once again to provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force. It also asks the Government to indicate, in its next report, any measures taken or contemplated in order to ensure compliance with Article 1(c).

Article 1(c) and (d). 6. In its earlier comments the Committee noted that, under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee also noted the Government's statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute.

Referring to its observation under the Convention, the Committee notes the Government's indication in its latest report concerning the submission of proposals to amend the Merchant Shipping Act, with a view to bring it into conformity with the Convention, to the tripartite Labour Advisory Board for consideration. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced or compulsory labour, trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 7. In its earlier comments the Committee noted that sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners.

The Committee notes with interest from the Government's latest report that sections 4, 8 and 11 of the above-mentioned Act have been amended by Act No. 2/1992, a copy of which is going to be provided by the Government before the submission of its next report. The Committee hopes that a copy of Act No. 2/1992 will be supplied by the Government in the very near future.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 8. In its earlier comments the Committee requested information on a number of provisions imposing penalties of imprisonment (involving under section 50 of the Offenders' Education Act an obligation to perform labour). It notes the Government's indication in its latest report that the issues raised have been communicated to the competent authorities in Zanzibar, though no response has yet been received. The Committee trusts that the Government will not fail to provide, in its next report, the information on the following points:

(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 noted the Government's indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee expressed the hope that the Government would continue to provide information on the application in practice of these provisions.

The Committee noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requested the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee expressed the hope that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government's indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requested the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 noted the Government's indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies had been repealed by the Society Decree No. 20 of 1963, which had been itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn had been repealed by Decree No. 3 of 1980. The Committee expressed the hope that for the sake of legal certainty the Government would envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renewed its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee pointed 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 expressed the hope that the Government would re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee noted the Government's information that there have been no convictions under this provision.

The Committee expressed the hope that the Government will provide information on any application in practice of this provision.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its report.

Article 1(a), (b), (c) and (d) of the Convention. In its earlier comments the Committee referred to a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. It noted the Government's statement in its report received in 1992 that ministerial consultations aimed at amending the legislation referred to above were continuing, bearing in mind the political situation, following the adoption of the ninth constitutional amendment. The Constitution, as amended, has allowed for multi-party politics; and the Political Parties Act 1992 has provided specifically for formation and registration of political parties.

The Committee expressed the hope that the draft legislation under consideration would provide for the repeal of all provisions which are incompatible with the Convention and that the Government would indicate the action taken in this regard. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of different enactments to which it referred in its comments under Convention No. 29 and which are in contradiction with Article 1(b) of Convention No. 105.

The Government indicates in its latest report that proposals regarding amendment of the Merchant Shipping Act so as to bring it into conformity with the Convention have been submitted by the trade union to the Government for purposes of being tabled within the Labour Advisory Board (LAB) for consideration by the tripartite partners, and that the Government intends to supply information on the position of the LAB as soon as its work is completed.

In the absence of new information concerning the amendment of other Acts referred to above, the Committee again expresses the hope that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon report progress made in this regard. The Committee is again addressing a more detailed request on the above matters directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Referring to its observation under the Convention, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct requests:

Tanzania mainland

In previous comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b) and (c) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government's information in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony.

The Committee again requests that the Government provide information on the application in practice of the aforementioned provisions of the Societies Act, including the court decisions. The Committee also requests the Government to provide a copy of the Political Parties Act, 1992.

The Committee requested the Government to 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). The Committee noted the Government's information in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee would appreciate that the Government provide copies of by-laws adopted to this effect.

The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee hopes that the Government will be in a position to provide information on the application of the provision.

Article 1(c). 2. Under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Committee hopes that the Government will provide information on the application in practice of these provisions as well as on measures taken or contemplated to ensure in regard to these provisions that no form of forced or compulsory labour be imposed as a means of labour discipline.

The Committee also referred to section 284A of the Penal Code (under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer's 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). The Committee has taken note of the Government's statement in its report received in 1992 that section 284A of the Penal Code was repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are almost no convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee again requests that the Government provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force.

Article 1(c) and (d). 3. Under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee noted the Government's statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour, again expresses the hope that the Government will indicate measures envisaged or adopted to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 4. Sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee has noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners. The Committee hopes that the Government will provide information on any progress achieved.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 5. The Committee requested information on the following provisions which provide for penalties of imprisonment (involving under section 50 of the Offender's Education Act an obligation to perform labour).

(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 noted the Government's indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee hopes that the Government will continue to provide information on the application in practice of these provisions.

The Committee has noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requests the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee hopes that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government's indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requests the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 has noted the Government's indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies were repealed by the Society Decree No. 20 of 1963, which was itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn was repealed by Decree No. 3 of 1980. The Committee hopes that for the sake of legal certainty the Government will envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renews its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the Abolition of Forced Labour, the Committee has pointed 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 hopes that the Government will re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee has noted the Government's information that there have been no convictions under this provision.

The Committee hopes that the Government will provide information on any application in practice of this provision.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring to its observation under the Convention, the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Tanzania mainland

In previous comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b) and (c) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee had noted the Government's information in its report received in 1992 that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government stated that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony.

The Committee again requests that the Government provide information on the application in practice of the aforementioned provisions of the Societies Act, including the court decisions. The Committee also requests the Government to provide a copy of the Political Parties Act, 1992.

The Committee requested the Government to 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). The Committee noted the Government's information in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee would appreciate that the Government provide copies of by-laws adopted to this effect.

The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee hopes that the Government will be in a position to provide information on the application of the provision.

Article 1(c). 2. Under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Committee hopes that the Government will provide information on the application in practice of these provisions as well as on measures taken or contemplated to ensure in regard to these provisions that no form of forced or compulsory labour be imposed as a means of labour discipline.

The Committee also referred to section 284A of the Penal Code (under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer's 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). The Committee has taken note of the Government's statement in its report received in 1992 that section 284A of the Penal Code was repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government stated that, such cases being difficult to prove, there are almost no convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee again requests that the Government provide copies of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force.

Article 1(c) and (d). 3. Under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee noted the Government's statement in its report received in 1992 that consultations were progressing regarding these provisions with a view to accommodating the current socio-political changes and that information would be provided on any changes when completed and incorporated in the statute. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour, again expresses the hope that the Government will indicate measures envisaged or adopted to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 4. Sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in practice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee has noted with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act was under review to ensure compliance with the Convention and that discussions were proceeding between social partners. The Committee hopes that the Government will provide information on any progress achieved.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 5. The Committee requested information on the following provisions which provide for penalties of imprisonment (involving under section 50 of the Offender's Education Act an obligation to perform labour).

(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 noted the Government's indication in its report received in 1993 that court records so far revealed no convictions under these sections, which meant that no penalties were imposed. The Committee hopes that the Government will continue to provide information on the application in practice of these provisions.

The Committee has noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee again requests the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee hopes that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 noted the Government's indication in its report received in 1993 that court records reveal no such orders being made against any person. The Committee again requests the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point into conformity with the Convention and the indicated practice.

(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 has noted the Government's indication in its report received in 1993 that sections 55 to 57 of the Penal Decree concerning unlawful societies were repealed by the Society Decree No. 20 of 1963, which was itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn was repealed by Decree No. 3 of 1980. The Committee hopes that for the sake of legal certainty the Government will envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also renews its request for the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the Abolition of Forced Labour, the Committee has pointed 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 hopes that the Government will re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee has noted the Government's information that there have been no convictions under this provision.

The Committee hopes that the Government will provide information on any application in practice of this provision.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that no report has been received from the Government. It must, therefore, repeat its previous observation on the following points:

Further to its previous comments the Committee has noted the discussion which took place in the Conference Committee in 1992. The Committee has noted the Government's statement in its report received in 1992 that ministerial consultations aimed at amending a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act are continuing, bearing in mind the political situation, following the adoption of the ninth constitutional amendment. The Constitution, as amended, allows for multi-party politics; and the Political Parties Act 1992 provides specifically for formation and registration of political parties. The Committee hopes that the draft legislation under consideration will provide for the repeal of all provisions which are incompatible with the Convention and that the Government will indicate the action taken in this regard. The Committee also hopes that the Government will provide information on the amendment or repeal of the provisions of different enactments to which it refers in its comments under Convention No. 29 and which are in contradiction with Article 1(b) of Convention No. 105.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that no report has been received from the Government. It must, therefore, repeat its previous observation on the following points:

Further to its previous comments the Committee has noted the information provided by the Government in its report. The Committee has noted the discussion which took place in the Conference Committee in 1992. The Committee has noted the Government's statement in its report that ministerial consultations aimed at amending a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act are continuing, bearing in mind the political situation, following the adoption of the ninth constitutional amendment. The Constitution, as amended, allows for multi-party politics; and the Political Parties Act 1992 provides specifically for formation and registration of political parties. The Committee hopes that the draft legislation under consideration will provide for the repeal of all provisions which are incompatible with the Convention and that the Government will indicate the action taken in this regard. The Committee also hopes that the Government will provide information on the amendment or repeal of the provisions of different enactments to which it refers in its comments under Convention No. 29 and which are in contradiction with Article 1(b) of Convention No. 105.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring also to its observation under the Convention, the Committee notes the Government's report.

Tanzania mainland

In previous comments the Committee referred to a certain number of provisions under which forced or compulsory labour may be imposed under circumstances falling within Article 1(a), (b) and (c) of the Convention.

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, 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). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

The Committee notes the Government's information in its report that section 25 of the Newspapers Act is not intended to curb political purposes, but material, local or foreign, likely to cause public unrest and disorder. With the adoption of a multi-party system newspapers expressing various political views not in line with the established political system are published, and no prosecutions have been made by virtue of section 25. As concerns sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, the Government states that the Ordinance dates back to colonial times and was intended to curb African/native societies from going against the colonial government. As from 1965, when the one party State was established, it ceased to apply to political parties, thus applying to societies other than political parties. Following the recent constitutional changes, the Political Parties Act, 1992, was adopted to cater specifically for the establishment and registration of political parties. The Ordinance remains applicable to registration of societies other than political parties and cooperatives which are deemed not to be of a political nature; if so they are to fall under the Political Parties Act. These sections are intended to curb groups which would likely instigate violence, terrorism and other acts aimed at breaking peace and harmony.

The Committee requests the Government to provide information on the application in practice of the aforementioned provisions of the Societies Act, including the court decisions. The Committee also requests the Government to provide a copy of the Political Parties Act, 1992.

The Committee requested the Government to 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). The Committee notes the Government's information in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee would appreciate that the Government provide copies of by-laws adopted to this effect.

The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes), such as the number of convictions for offences thereunder and the particulars of any court decisions which may define or illustrate their effect or scope. The Committee hopes that the Government will be in a position to provide information on the application of the provision.

Article 1(c). 2. Under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

The Committee hopes that the Government will provide information on the application in practice of these provisions as well as on measures taken or contemplated to ensure in regard to these provisions that no form of forced or compulsory labour be imposed as a means of labour discipline.

The Committee also referred to section 284A of the Penal Code (under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer's 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). The Committee takes note of the Government's statement in its report that section 284A of the Penal Code was repealed by section 63 of Act No. 13 of 1984, but that the substance of this section is contained in the Economic and Organized Crime Act and relates to criminal activities which became prevalent (i.e. the prevalence of losses under circumstances provided for in the said section in parastatals). The Government states that, such cases being difficult to prove, there are almost no convictions made thereunder, the provisions being more of a preventive than punitive nature. The Committee requests the Government to provide a copy of the Economic and Organized Crime Act, of Act No. 13 of 1984 and of the Penal Code as in force.

Article 1(c) and (d). 3. Under sections 145(1)(b), (c) and (e) and 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seaman who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent. The Committee notes the Government's statement in its report that consultations are progressing regarding these provisions with a view to accommodating the current socio-political changes and that information will be provided on any changes when completed and incorporated in the statute. The Committee, referring also to the explanations provided in paragraphs 117 to 119 of its 1979 General Survey on the Abolition of Forced or Compulsory Labour, expresses the hope that the Government will indicate measures envisaged or adopted to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

Article 1(d). 4. Sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, contain provisions for compulsory arbitration in labour disputes, which make it possible in pratice to render all strikes illegal and punishable with imprisonment (involving an obligation to perform labour). The Committee notes with interest that the Government recognizes that striking is an inalienable right of a worker; that the Act is currently under review to ensure compliance with the Convention and that discussions are proceeding between social partners. The Committee hopes that the Government will provide information on any progress achieved.

Zanzibar

Article 1(a), (b) and (c) of the Convention. 5. The Committee requested information on the following provisions which provide for penalties of imprisonment (involving under section 50 of the Offender's Education Act an obligation to perform labour).

(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 in its report that court records so far reveal no convictions under these sections, which means that no penalties have been imposed. The Committee hopes that the Government will continue to provide information on the application in practice of these provisions.

The Committee has noted the provisions of the Newspaper Act No. 5 of 1988 communicated by the Government. The Committee requests the Government to provide information on the application in practice of sections 47 and 48 of the Act relating to seditious offences, including any court decisions permitting to assess their scope. The Committee hopes that the Government will send a copy of Order No. 32/1989 as previously requested.

(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 notes the Government's information in its report that court records reveal no such orders being made against any person. The Committee requests the Government to provide information on measures taken or contemplated with a view to repealing section 4(b) of the Deportation Decree (Cap. 41), so as to bring legislation on this point in conformity with the Convention and the indicated practice.

(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 penalities imposed.

The Committee notes the Government's indication in its latest report that sections 55 to 57 of the Penal Decree concerning unlawful societies were repealed by the Society Decree No. 20 of 1963, which was itself repealed by the Afro Shirazi Party Decree No. 11 of 1965, which in turn was repealed by Decree No. 3 of 1980. The Committee hopes that for the sake of juridical certainty the Government will envisage at an appropriate occasion to specifically repeal sections 55 to 57 of the Penal Decree. It also requests the Government to provide a copy of the different texts mentioned by the Government: Decrees Nos. 20/1963, 11/1965 and 3/1980.

(d) 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the Abolition of Forced Labour, the Committee has pointed 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 hopes that the Government will re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee notes the Government's information that no convictions have been made under this provision.

The Committee hopes that the Government will continue to provide information on any application in practice of this provision.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments the Committee notes the information provided by the Government in its report. The Committee also notes the discussion which took place in the Conference Committee in 1992.

The Committee notes the Government's statement in its report that ministerial consultations aimed at amending a number of provisions contained in the Penal Code, the Newspapers Act, the Merchant Shipping Act and the Industrial Court Act are continuing, bearing in mind the current political situation, following the adoption of the ninth constitutional amendment. The Constitution, as amended, allows for multi-party politics; and the Political Parties Act 1992 provides specifically for formation and registration of political parties.

The Committee hopes that the draft legislation currently under consideration will provide for the repeal of all provisions which are incompatible with the Convention and that the Government will indicate the action taken in this regard. The Committee also hopes that the Government will provide information on the amendment or repeal of the provisions of different enactments to which it refers in its comments under Convention No. 29 and which are in contradiction with Article 1(b) of Convention No. 105.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report contains no information on the points raised in its previous direct request. The Committee hopes that the Government will provide information on the following matters:

Tanzania mainland

1. (a) The Committee has requested for many years information on the practical application of section 89(c) of the Penal Code (concerning certain offences in connection with self-help schemes) (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).

The Committee had noted 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.

(b) 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. The Committee had requested information on the following provisions which provide for penalties of imprisonment (involving under section 50 of the Offenders' Education Act, 1980, an obligation to perform labour):

(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 had noted 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 indicated 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 indicated that there is 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 once more 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 had noted the Government's indication 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.

The Committee again expresses the hope 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.

(d) 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 had noted the Government's indication 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 indicated 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 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 stated 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.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the Abolition of Forced Labour, the Committee pointed 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 again requests the Government to re-examine these provisions in the light of the above 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 copies of the court decisions referred to in its previous report.

(e) Section 3 of the Zanzibar Governing Shipping Decree (Cap. 141) concerning certain disciplinary offences by seamen. The Committee again requests the Government to provide information on the practical application of this provision.

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

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that during the discussion which took place in the Conference Committee in 1991, the Government has indicated that ministerial consultations were progressing towards amending a number of provisions including certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act and the Industrial Court Act, on which the Committee has been commenting for numerous years.

The Committee notes, however, that the Government's report contains no information in this regard.

The Committee recalls that, under article 3 of the Tanzanian Constitution Tanzania has one political party which exercises executive powers over all matters in accordance with the Constitution and the constitution of the party, the Revolutionary Party (Chama Cha Mapinduzi (CCM)) being the only political party.

The Committee has taken note of the information submitted by the Government on the application of the International Covenant on Civil and Political Rights (doc. CCPR/C/42/Add.12 of 26 August 1991), according to which the party has opened up a debate on the desirability or otherwise of continuing with a one-party State. In March 1991, the President set up a Presidential Commission with a mandate to canvas the views of the people with a view to enabling a decision to be made whether to continue with the present system or to change into a multi-party system. The Commission is expected to submit its final report by mid-1992.

The Committee hopes that the Government will provide information on the decisions taken following the findings of the Commission. The Committee trusts that the Government will also provide information on measures taken to bring legislation into conformity with the Convention, and on the provisions adopted on the following matters:

Tanzania mainland

1. In previous comments, the Committee noted that forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (c) and (d) of the Convention under the following legislative provisions:

Article 1(a) of the Convention. Under section 25 of the Newspaper Act, 1976, 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. Any person who prints, publishes, sells or distributes in a public place such a newspaper may be punished with imprisonment (involving, by virtue of Part XI of the Prison Act, 1977, an obligation to perform labour). The Committee also referred to 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 referred 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 as well as 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.

Article 1(c). Under section 284A of the Penal Code, any employee of a "specified authority" (i.e. the Government, a local authority, a registered trade union, any publicly owned company, etc.) who causes pecuniary loss to his employer or damage to his employer's 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 (involving an obligation to work).

Under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

Article 1(c) and (d). Under section 145(1)(b), (c) and (e) and section 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable by imprisonment, involving an obligation to perform labour. Under section 151, any seaman who deserts from a foreign ship may be forcibly conveyed on board ship or delivered to the master, mate or owner of the ship or his agent.

Article 1(d). Sections 4, 8, 11 and 27 of the Industrial Court of Tanzania Act, 1967, which contain general provisions for compulsory arbitration in labour disputes, make it possible in practice to render all strikes illegal and punishable with imprisonment (involving compulsory prison labour).

Recalling that these matters have been under consideration for a number of years and that the statutory provisions conflicting with the Convention are to a large extent contained in legislation outside the normal purview of a labour code, the Committee hopes that the draft legislation envisaged will indeed provide for the repeal of all provisions which are incompatible with the Convention, and that the Government will soon indicate that the necessary action has been taken. Zanzibar

2. The Committee refers again in a direct request to a number of statutory provisions having a bearing on Article 1(a), (c) and (d) of the Convention. Referring also to the Government's previous statement that measures are being taken with a view to ensuring that prisoners covered by the Convention be exempted from prison labour, the Committee hopes that action to bring legislation into conformity with the Convention will be taken in the near future.

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.

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

The Committee notes the information provided by the Government in its report and the discussion which took place in the Conference Committee in 1990.

The Committee notes in particular the Government's indications that it considers the observations by the Committee as valid and that legislation is currently under revision. The first part of the revision covers labour laws. The draft texts of the revised laws have already been debated by employers' and workers' organisations and the Labour Advisory Board and will be tabled before the National Assembly as soon as practicable. The second part of the review exercise covers other legislation which requires extensive interministerial consultations: the Ministry of Labour and the Labour Law Review Committee of the Law Reform Commission on which employers' and workers' organisations are represented are working on a final report to be submitted to the government for further action. The Labour Law Review Committee has included among its recommendations the comments and observations of the Committee as issues that need immediate attention.

The Committee hopes that the Government will provide further information on the measures taken to bring national legislation into conformity with the Convention and on the provisions actually adopted on the following matters:

Tanganyika

1. In previous comments, the Committee noted that forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (c) and (d) of the Convention under the following legislative provisions:

Article 1(a) of the Convention. Under section 25 of the Newspaper Act, 1976, 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. Any person who prints, publishes, sells or distributes in a public place such a newspaper may be punished with imprisonment (involving, by virtue of Part XI of the Prison Act, 1977, an obligation to perform labour).

Article 1(c). Under section 284A of the Penal Code, any employee of a "specified authority" (i.e. the Government, a local authority, a registered trade union, the Tanganyika African National Union or any body affiliated to it, any publicly owned company, etc.) who causes pecuniary loss to his employer or damage to his employer's 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 (involving an obligation to work).

Under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and co-ordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

Article 1(c) and (d). Under section 145(1)(b), (c) and (e) and section 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable by imprisonment, involving an obligation to perform labour. Under section 151, any seaman who deserts from a foreign ship may be forcibly conveyed on board ship or delivered to the master, mate or owner of the ship or his agent.

Article 1(d). Sections 4, 8, 11 and 27 of the Permanent Labour Tribunal Act, 1967, which contain general provisions for compulsory arbitration in labour disputes, make it possible in practice to render all strikes illegal and punishable with imprisonment (involving compulsory prison labour).

The Committee has noted the Permanent Labour Tribunal (Amendment) Act of 26 March 1990 under which the words "Permanent Labour Tribunal" are substituted by the words "Industrial Court of Tanzania". The Committee notes that the modifications introduced into the Act have not changed the substance of the provisions on which the Committee has been commenting.

Recalling that these matters have been under consideration for a number of years and that the statutory provisions conflicting with the Convention are to a large extent contained in legislation outside the normal purview of a labour code, the Committee hopes that the draft legislation envisaged will indeed provide for the repeal of all provisions which are incompatible with the Convention, and that the Government will soon indicate that the necessary action has been taken.

Zanzibar

2. In its previous observation, the Committee noted the Government's indication that the Afro-Shirazi Party Decree No. 11 of 1965, by virtue of which the Afro-Shirazi Party was declared the sole political Party and all other political parties, organisations or societies were declared unlawful and membership therein was made punishable with imprisonment (involving an obligation to perform labour), had been superseded and was no longer in force since the creation of the Revolutionary Party (Chama cha Mapinduzi) of Tanzania, that the United Republic of Tanzania is a one-party democratic State and Chama cha Mapinduzi is the ruling Party governed by its constitution.

The Committee had noted from the text of the constitution of Chama cha Mapinduzi (CCM) supplied by the Government that a joint national conference of the Tanganyika African National Union (TANU) and the Afro-Shirazi Party (ASP) assembled in Dar es Salaam on 21 January 1977 resolved and proclaimed the dissolution of these two parties and the simultaneous establishment of CCM as a new and sole political Party for the whole of Tanzania. Under section 1 of its constitution, this Party shall exercise final authority in respect of all public affairs; under section 5(4), the Party is to maintain and carry forward the ideological line of the founding fathers of TANU and ASP bequeathed to it in the various documents of those parties; under section 6, every member of TANU and ASP shall, unless he wishes otherwise, become a founder-member of Chama cha Mapinduzi. The Committee also notes that the Constitution of Zanzibar of 1984, the Swahili text of which has been communicated by the Government, pays tribute to the standard-setting work of the ASP and provides in section 5 that CCM is the single Party in Tanzania and that all institutions are under the authority and responsibility of this Party.

The Committee notes that under the Constitution of Zanzibar (Consequential, Transitional and Temporary Provisions Decree), 1979 (Revolutionary Council Decree No. 3 of 1980), a copy of which was provided by the Government with its report, the Afro-Shirazi Party Decree was repealed.

The Committee expresses the hope that on an appropriate occasion any other penal provisions punishing membership in political organisations other than the sole political party with penalties involving compulsory labour will be repealed.

3. The Committee refers in a direct request to a number of other statutory provisions having a bearing on Article 1(a), (c) and (d) of the Convention. Referring also to the Government's previous statement that measures are being taken with a view to ensuring that prisoners covered by the Convention be exempted from prison labour, the Committee hopes that action to bring legislation into conformity with the Convention will be taken in the near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Tanganyika

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. The Committee noted the Government's indication in its report for the period ending 15 October 1988 that the Government departments administering the legislation referred to in the previous direct request have been consulted with a view to obtaining the required information. Since a similar indication had already been given by the Government in its previous report, the Committee, referring again to its observation on the Convention, hopes that the Government will supply, at an early date, the following information:

(a)information on the practical application of section 89(c) of the Penal Code and of sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance (such as the number of convictions for offences and the particulars of any court decisions which may define or illustrate its effect and scope);

(b)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;

(c)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).

Zanzibar

2. Emergency regulations. The Committee had previously noted that a state of emergency was declared in the territory in 1961 under the Emergency Powers Order-in-Council, 1939-61. The Committee noted the Government's indications in its report for the period ending 15 October 1988 that the state of emergency declared by Legal Notice (L.N. 35) No. 35 of 1961 was terminated by Legal Notice (L.N. 76) No. 76 of the same year. The Committee requests the Government to supply with its next report a copy of L.N. 76 of 1961 and also to indicate whether any subsequent state of emergency is still in force.

3. Article 1(a), (c) and (d) of the Convention. Referring to point 3 of its observation, the Committee looks forward to learning of the adoption of legislation exempting prisoners covered by the Convention from compulsory labour. Pending adoption of such legislation, the Government is requested to supply information on the practical application of the following provisions which provide for penalties of imprisonment (involving, by virtue of section 50 of the Offenders' Education Act of 1980, an obligation to perform labour), including copies of any court decisions defining or illustrating their scope:

(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;

(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, including 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;

(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;

(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;

(f)section 3 of the Zanzibar Government Shipping Decree (Cap. 141), concerning certain disciplinary offences by seamen.

4. The Committee again requests 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.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Tanganyika

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. In previous comments, the Committee noted that forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (c) and (d) of the Convention under the following legislative provisions: Article 1(a) of the Convention. Under section 25 of the Newspaper Act, 1976, 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. Any person who prints, publishes, sells or distributes in a public place such a newspaper may be punished with imprisonment (involving, by virtue of Part XI of the Prison Act, 1977, an obligation to perform labour). Article 1(c). Under section 284A of the Penal Code, any employee of a "specified authority" (i.e. the Government, a local authority, a registered trade union, the Tanganyika African National Union or any body affiliated to it, any publicly owned company, etc.) who causes pecuniary loss to his employer or damage to his employer's 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 (involving an obligation to work). Under section 176(9) of the Penal Code, 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 he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and co-ordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code. Article 1(c) and (d). Under section 145(1)(b), (c) and (e) and section 147 of the Merchant Shipping Act, 1967, various breaches of discipline by seamen are punishable by imprisonment, involving an obligation to perform labour. Under section 151, any seaman who deserts from a foreign ship may be forcibly conveyed on board ship or delivered to the master, mate or owner of the ship or his agent. Article 1(d). Sections 4, 8, 11 and 27 of the Permanent Labour Tribunal Act, 1967, which contain general provisions for compulsory arbitration in labour disputes, make it possible in practice to render all strikes illegal and punishable with imprisonment (involving compulsory prison labour). In earlier reports, the Government has stated that consultations on proposals for the revision of these legislative provisions have been completed and a report has been submitted to the competent authority for decision. In its reply to the Committee's 1987 observations, the Government once again expressed its desire to bring the above-mentioned provisions into conformity with the Convention, but stated that there have been unavoidable delays in the conclusion of proposals for the revision of the relevant legislative provisions to bring them into conformity with the requirements of the Convention. In its latest report, the Government points out that the labour laws of the country are under revision, that a first draft of a consolidated labour code was submitted in September, 1988 and discussions centred on the draft were held with people from different institutions, and that it was hoped that a second and final draft would be submitted in December, 1988 and would do away with all the existing statutory provisions which are not in line with international labour standards. The Committee takes due note of these indications. Recalling that these matters have been under consideration for a number of years and that the statutory provisions conflicting with the Convention are to a large extent contained in legislation outside the normal purview of a labour code, the Committee hopes that the draft legislation now referred to by the Government will indeed provide for the repeal of all provisions which are incompatible with the Convention, and that the Government will soon indicate that the necessary action has been taken. In a direct request, the Committee once again requests the Government to furnish information on the practical application of a number of legislative provisions which the Committee has been requesting for many years, and which the Government is still seeking to obtain. Zanzibar 2. In its previous observation, the Committee noted the Government's indication that the Afro-Shirazi Party Decree, 1965, by virtue of which the Afro-Shirazi Party was declared the sole political Party and all other political parties, organisations or societies were declared unlawful and membership therein was made punishable with imprisonment (involving an obligation to perform labour) had been superseded and was no longer in force since the creation of the Revolutionary Party (Chama cha Mapinduzi) of Tanzania, that the United Republic of Tanzania is a one-party democratic State and Chama cha Mapinduzi is the ruling Party governed by its constitution. The Committee notes from the text of the constitution of Chama cha Mapinduzi (CCM) supplied by the Government that a joint national conference of the Tanganyika African National Union (TANU) and the Afro-Shirazi Party (ASP) assembled in Dar es Salaam on 21 January 1977 resolved and proclaimed the dissolution of these two parties and the simultaneous establishment of CCM as a new and sole political Party for the whole of Tanzania. Under section 1 of its constitution, this Party shall exercise final authority in respect of all public affairs; under section 5(4), the Party is to maintain and carry forward the ideological line of the founding fathers of TANU and ASP bequeathed to it in the various documents of those parties; under section 6, every member of TANU and ASP shall, unless he wishes otherwise, become a founder-member of Chama cha Mapinduzi. The Committee also notes that the Constitution of Zanzibar of 1984, the Swahili text of which has been communicated by the Government, pays tribute to the standard-setting work of the ASP and provides in section 5 that CCM is the single Party in Tanzania and that all institutions are under the authority and responsibility of this Party. In view of the organic links between CCM as the present sole political Party and the Afro-Shirazi Party as one of its two parent organisations, the Committee hopes that on an appropriate occasion, the Afro-Shirazi Party Decree, 1965 and in particular all penal provisions punishing membership in political organisations other than the sole political Party with penalties involving compulsory labour will be formally repealed. 3. In its previous comments, the Committee also had referred to a number of other statutory provisions having a bearing on Article 1(a), (c) and (d) of the Convention. The Committee notes with interest the Government's statement in its report that measures are being taken with a view to re-examining the situation, and to ensure that prisoners covered by the Convention should be exempted from prison labour. The Committee is addressing a direct request to the Government on these matters.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.