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

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

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that under the terms of section 139A(1)(b)(i) of the Penal Code, trafficking in children for labour exploitation was only prohibited if the consent of the parent or lawful guardian had not been given. It had requested the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may, nonetheless, be clear cases of trafficking for the purposes of labour exploitation.

The Committee notes with satisfaction the enactment of the Anti-Trafficking in Persons Act, 2008, which repeals section 139(A) of the Penal Code. According to section 4(1) of this Act, a person commits an offence of trafficking if that person recruits, transports, transfers, harbours, provides or receives a person by any means under the pretext of domestic or overseas employment for the purposes of labour or sexual exploitation. Section 4(3) of the Act provides that, if the victim is a child under the age of 18 years, the consent of the child, parent or guardian shall not constitute a defence in prosecution. The Committee also notes that, according to section 6(2)(a) of the Act, trafficking in children under the age of 18 years shall be considered as “severe trafficking in persons”, which carries more severe penalties, namely a fine ranging between 5 million shillings and 150 million shillings or imprisonment ranging from ten years to 20 years, or both. Sections 5 and 7 of the Act further provide penalties for the offences related to procuring or facilitating or acting as an intermediary for the commission of trafficking in persons.

Compulsory recruitment of children for use in armed conflict. Referring to the report of the United Nations Secretary-General on children and armed conflict of 10 November 2003 (A/58/546-S/2003/1053, paragraph 47) that armed opposition groups were recruiting children from refugee camps in western Tanzania, the Committee had previously requested the Government to indicate the measures taken to prohibit the forced recruitment of children from refugee camps for use in armed conflict.

The Committee notes with satisfaction that section 4(1)(g)(ii) of the Anti‑Trafficking Act of 2008, prohibits any person from recruiting, hiring, adopting, transporting or abducting a child under the age of 18 years for the purposes of engaging the child in armed conflict. According to subsection (5) of section 4 of the Act, this offence shall be punishable with a fine of not less than 5 million shillings but not more than 100 million shillings or imprisonment for a term ranging between two years and ten years, or both.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously observed that the provisions of the Employment and Labour Relations Act, No. 6 of 2004 (sections 5(4) and 5(7)), and the Penal Code (sections 138, 139A(1)(b) and 139A(1)(b)(i)) do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that efforts will be made to bring about the prohibition of the above offence. The Committee expresses the firm hope that the Government will take immediate measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties and establish penalties for the same. It requests the Government to provide information on any progress made in this regard.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. Mainland Tanzania. The Committee notes the Government’s statement that the process of adopting the rules and regulations of the Employment and Labour Relations Act are under way. The Committee also notes that, according to the ILO–IPEC Progress Report of September 2009 on the project entitled “Support for the Time Bound Programme on the Worst Forms of Child Labour in Tanzania-II” (TBP-II), the process of integrating the list of hazardous types of work in the national labour laws will be completed in October 2009. The Committee expresses the firm hope that the regulation on the list of hazardous types of work will be adopted shortly in consultation with the social partners and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. The Committee notes with interest the Government’s statement that Employment Act No. 11, which prohibits child labour including the employment of persons under 18 years in hazardous work, has been adopted since 2005. The Committee requests the Government to supply a copy of Employment Act No. 11 of 2005 along with its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that, during Phase I of the ILO–IPEC project entitled “Supporting the Time-Bound Programme on the Worst Forms of Child Labour (2002–05)” (TBP), the National Inter-Sectoral Coordination Committee (NISCC) approved 15 action programmes on child labour. The Committee notes the Government’s information that, as a result of the programmes of action approved by the NISCC, the incidence of child labour has been reduced from 25 per cent in 2000–01 to 21 per cent in 2005–06.

Article 7, paragraph 1. Penalties. The Committee had previously observed that, due to devaluation, most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act, 2004, have become very low. The Committee notes the Government’s indication that the Anti‑Trafficking in Persons Act of 2008 provides for a higher penalty for the offences related to trafficking in children. However, the Committee requests the Government to indicate the measures taken or envisaged to review the monetary penalties prescribed for the other offences mentioned under clauses (a) to (d) of Article 3 of the Convention, which are dealt with under the Penal Code and the Employment and Labour Relations Act.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to the ILO–IPEC Progress Report, 2006 (TBP Phase I, page 2), the Government had introduced the Primary Education Development Programme (PEDP) from 2002 to 2006 and the Secondary Education Development Programme (SEDP) for the period from 2005 to 2009 which had contributed to increased enrolments in primary schools and secondary schools. It had also noted that the Government adopted a Complementary Basic Education (COBET) programme as a strategy to reach out-of-school children, including those in child labour. The Committee notes the Government’s statement that, according to the Basic Education Statistics in Tanzania, 2007, as a result of the programmes to improve education under the PEDP, SEDP, as well as the Poverty Reduction Strategy Paper (PRSP), the number of children enrolled in primary education has increased to 12,418,679 pupils in 2007, and the secondary school enrolment has increased to 1,020,510 pupils. The Committee also notes the statistical data provided by the Government on the number of children learning under the COBET programme. According to this data, in 2007 a total of 185,206 children (106,463 boys and 78,743 girls) between the ages of 11 and 18 years were COBET learners. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to continue supplying data on the enrolment rates in school disaggregated by sex.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee notes that according to the provisions under Part IV of the Anti-Trafficking in Persons Act of 2008, the Government shall secure the protection, assistance and rehabilitation of child victims of trafficking; and establish or designate centres for the protection and assistance of victims of trafficking in persons (sections 19 and 20). The Committee requests the Government provide information on any measures taken, pursuant to the provisions of the Anti-Trafficking in Persons Act of 2008, to secure  the protection, assistance and rehabilitation of child victims of trafficking, and on the number of centres established for this purpose.

Commercial sexual exploitation and child labour in tobacco farming. The Committee notes with interest that according to the ILO–IPEC Progress Report, 2009, of the project TBP-II a total of 20,143 children (10,015 boys and 10,128 girls) were withdrawn or prevented from child labour through educational services or training opportunities; and 2,375 children (912 boys and 1,463 girls) were withdrawn or prevented from child labour through other non-education related services. It also notes that within this project 858 children (167 boys and 691 girls) were withdrawn and 648 children (414 boys and 234 girls) were prevented from commercial sexual exploitation. The Committee further notes that, according to the ILO–IPEC Progress Report of August 2008 of the project entitled “Towards Sustainable action for prevention and elimination of child labour in tobacco farming in Urambo district, Tanzania”, a total of 600 children (224 girls and 376 boys) were withdrawn or prevented through educational services or training opportunities; and 1,000 children (488 girls and 512 boys) were withdrawn or prevented through other non-education related services, and a total of 612 families were provided with income-generating activities. The Committee requests the Government to continue providing information on the achievements of the TBP-II and other ongoing action programmes within the TBP-II, and their impact with regard to removing children from the worst forms of child labour, in particular, the commercial sexual exploitation of children and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS. The Committee had previously noted that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS) 1.5 million people were believed to be affected in the United Republic of Tanzania. It also noted that, according to the Rapid Assessment document entitled “HIV/AIDS and child labour in the United Republic of Tanzania”, more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. It had also noted the Government’s initiative at the national level, through the National Policy on HIV/AIDS of 2001 and the National Multi-Sectoral Strategic Framework on HIV/AIDS (2003–07). The Committee had further noted the Government’s statement that the Ministry of Labour, Employment and Youth Development in collaboration with local government councils and NGOs, had developed HIV/AIDS sexual and reproductive health education programmes for out-of-school children and those children at risk. The Committee notes that according to the information contained in the Epidemiological Factsheet on HIV/AIDS (UNAIDS), October 2008, over 970,000 children aged below 17 years are HIV/AIDS orphans in Tanzania. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education and vocational training. It also requests the Government to provide information in this regard and the results achieved.

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

The Committee notes the Government’s report. It requests the Government to supply information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee had previously noted that, according to the terms of section 139A(1)(b)(i) of the Penal Code, any person who, for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration arranges for or assists a child under 18 years of age to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian, commits the offence of trafficking. It had requested the Government to indicate in what way trafficking in children for labour exploitation with the consent of their parents or guardian is prohibited. Noting the absence of information in the government report, the Committee once again requests the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. Referring to the report of the United Nations Secretary-General on children and armed conflict of 10 November 2003 (UN document A/58/546-S/2003/1053, paragraph 47) that armed opposition groups are recruiting children from refugee camps in western Tanzania, the Committee had requested the Government to indicate the measures taken to prohibit the forced recruitment of children from refugee camps for use in armed conflict. The Committee notes that there is no information in the government report on this point. Therefore, the Committee once again asks the Government to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s indication that there are so far no issues in the country pertaining to the use, procuring or offering of a child for illicit activities such as the trafficking of drugs. However, measures have been taken to ensure that such practices do not exist by implementing programmes aimed at awareness raising and sensitization on the hazards associated with such activities. It also notes the Government’s indication that certain provisions of the Employment and Labour Relations Act, No. 6 of 2004 (sections 5(4) and 5(7)), and the Penal Code (sections 138, 139A(1)(b) and 139A(1)(b)(i)) address the above offence. However, the Committee notes that the above provisions do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. Section 5(4) of Act No. 6 of 2004 places a general prohibition on the employment of children in occupations inappropriate to the child’s age or that which places any risk to the child’s well-being, education, physical or mental health and section 5(7) makes it an offence to employ children in contravention of the section. Similarly, section 138 of the Penal Code deals with offences related to the sexual exploitation of children and sections 139A(1)(b) and 139A(1)(b)(i) of the Penal Code deals with trafficking of children. In this regard, the Committee draws the Government’s attention to its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour as a matter of urgency. The Committee therefore once again requests the Government to take the necessary measures, as a matter of urgency, to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties and to indicate the sanctions envisaged.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Mainland Tanzania. Following its previous comments, the Committee notes the Government’s information that efforts are being made by the Minister for issuing a regulation listing hazardous types of work pursuant to section 5(6) of the Employment and Labour Relations Act, 2004. The Committee hopes that the regulation on the list of hazardous types of work will be adopted shortly and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

2. Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. It once again requests the Government to provide information on progress made in this regard and to provide a copy of the law once it is adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Government established a National Inter-sectoral Coordination Committee (NISCC) for the purpose of monitoring and coordinating the intervention activities against child labour and its worst forms. It had also noted that the NISCC consists of four subcommittees namely: commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. According to the government report, the functions of the NISCC include: to oversee and coordinate the overall implementation of the Time-bound Programme (TBP); to consult, support and collaborate with the relevant national institutions towards strengthening policies and legal framework for the implementation of the TBP; to receive and decide upon activity reports of the subcommittees; to approve proposed activities and budgets submitted for an action programme on the worst forms of child labour; to undertake evaluation and monitoring field visits to the project sites; and to regularly consult with and provide information to high-level government authorities and other stakeholders on the situation of the worst forms of child labour in the country. The Committee also notes the information provided by the Government on the functions of the technical subcommittee and the three subcommittees which include: reviewing and assessing the situation of the worst forms of child labour in the respective sectors; programme interventions by sector; action programme proposals; recommendations to the partner agencies; holding meetings to review the progress of implementation; and presenting progress reports to the NISCC, etc. It further notes the Government’s information that these functions are currently under review in order to further strengthen and accommodate some socio-economic developments that took place during the last few years and to make them more active. According to the ILO/IPEC Progress Report, 2004 (page 4), on the Urambo Tobacco Sector Project–Phase I indicates that, within this project, village child labour committees were established in 36 villages in Tanzania, whose members were trained in identifying, preventing and withdrawing child labourers and reintegrating them into primary school.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that during Phase I of the ILO/IPEC project entitled “Supporting the Time-bound Programme on the Worst Forms of Child Labour (2002–05)”, the NISCC approved 15 action programmes on child labour. These programmes included capacity building of social partners and stakeholders, formal and non-formal education and skills training, microcredit/micro health schemes, direct interventions for identification, prevention, withdrawal and social rehabilitation, and advocacy and awareness raising through media. The Committee requests the Government to provide information on the impact of the programmes of action on child labour approved by the NISCC with regard to the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Noting that, due to devaluation, most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act, 2004, have become very low, the Committee once again asks the Government to provide information on the measures taken or envisaged to review these monetary penalties. It also requests the Government to provide information on the practical application of the penalties laid down in sections 138B, 139, 139A, 254 and 255 of the Penal Code.

Paragraph 2. Effective and time-bound measures. The Committee notes that with ILO/IPEC assistance, Tanzania is currently implementing the TBP on the Worst Forms of Child Labour which was launched in 2001 and has now entered its second phase. The Committee notes the Government’s information that, according to the survey on child labour carried out in 2003, in the 11 pilot districts of the TBP, there were 57,731 children involved in the worst forms of child labour, and 97,842 children at risk of entering into the worst forms of child labour. It notes with interest that, due to the interventions carried out between 2002–05 (TBP Phase I), 25 per cent of children involved in the worst forms of child labour were withdrawn, and 20 per cent of those who were at risk of being involved in the worst forms of child labour were prevented in the four sectors targeted by the TBP, namely, prostitution, the domestic service, the mining sector and commercial agriculture including the tea, coffee and tobacco sectors. Within the framework of the TBP, the following programmes were implemented: programmes for combating hazardous child labour in the commercial agriculture sector (Combating Hazardous Child Labour in Commercial Agriculture in Tanzania (2000–03)); in the domestic sector (Combating Child Labour in the Domestic Sector in East Africa (2003–05)); and in tobacco farming (Urambo Tobacco Sector Project entitled, Combating Hazardous Child Labour in Tobacco Farming in Urambo District-Phase I (2003–06) and Phase II (2007–10)).

Clause (a). Prevent the engagement of children in the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the impact of the action programmes on preventing children under 18 years from engaging in the worst forms of child labour in the four sectors targeted by the TBP include: increased awareness of the public on the evils associated with child labour and its worst forms; identification, prevention and withdrawal of children from the worst forms of child labour and provisions for their social integration and rehabilitation such as enrolment in formal, non-formal education and vocational skills and training; integration of child labour issues into the existing government policies, development plans and programmes; capacity building of the local community in identifying child labour practices and developing appropriate measures to address the situation. According to the
ILO/IPEC Progress Report, 2006 (TBP Phase I, page 2), the Government introduced the Primary Education Development Programme (PEDP) from 2002 to 2006 and the Secondary Education Development Programme (SEDP) for the period from 2005 to 2009 which contributed to increased enrolments in primary schools and secondary schools. The Government also adopted a Complementary Basic Education (COBET) programme as a strategy to reach out-of-school children, including those in child labour. The Committee notes that the implementation of the PEDP has increased the school enrolment rates from 80.6 per cent in 2002 to 96.1 per cent in 2006, while the completion rate has increased from 57.8 per cent in 2002 to 68.7 per cent in 2006. Moreover, the Poverty Reduction Strategy Paper (PRSP) has also put in place a number of programmes and plans aimed at improving education and eliminating illiteracy by 2010. The Committee requests the Government to provide information on the number of out-of-school children reached so far and enrolled in schools under the COBET programme and on the results of the programmes to improve education under the PRSP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s information that “Combating Hazardous Child Labour in Commercial Agriculture in Tanzania” (COMAGRI project complemented by the TBP) focused mainly on child labour in tea, coffee and tobacco farming, covering three districts in addition to the 11 pilot districts of the TBP. The Committee notes with interest the Government’s statement that this project met its objectives, in particular with regard to the prevention of 3,000 children from falling into worst forms of child labour in the commercial agricultural sector and the withdrawal and rehabilitation of 1,500 children from the worst forms of child labour. The ILO/IPEC Progress Report, 2004 (pages 5, 11 and 12), on the Urambo Tobacco Sector Project – Phase I indicates that under this project 537 children (233 girls) were withdrawn and reintegrated into primary education, 62 children were provided with vocational training and 889 children benefited through educational services or training opportunities. According to the ILO/IPEC Report on Combating Child Labour in the Domestic Sector in East Africa, 2003–05 (page 3), two major action programmes were implemented in Tanzania which resulted in the prevention of 760 children (588 girls and 191 boys) to be engaged in domestic labour and the withdrawal of 548 children (357 girls and 172 boys) from domestic labour. Furthermore, within the project entitled “Combating Child Sexual Exploitation in four Anglophone Countries (2001–02)” in which Tanzania was a participating country, about 100 girls were reached through group counselling and 240 girls were withdrawn from prostitution and reintegrated into basic education and vocational training. The Committee requests the Government to continue providing information on the achievements of the TBP and other ongoing action programmes in the four sectors targeted by the TBP, and their impact with regard to removing children from the worst forms of child labour and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. HIV/AIDS. The Committee had previously noted that, according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people were believed to be affected in the United Republic of Tanzania. It also noted that, according to the Rapid Assessment document entitled “HIV/AIDS and child labour in the United Republic of Tanzania”, more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. Observing that HIV/AIDS had consequences for orphans, for whom there was an increased risk of being engaged in the worst forms of child labour, the Committee requested the Government to provide information on the specific measures adopted to improve the situation of these children. The Committee notes the Government’s information that it has recognized the consequences of HIV/AIDS and considered it as a national disaster. It has therefore called for concerted and unprecedented initiatives at the national level through the National Policy on HIV/AIDS of 2001 and National Multi-Sectoral Strategic Framework on HIV/AIDS (2003–07). The Committee also notes the Government’s information that the Ministry of Labour, Employment and Youth Development in collaboration with local government councils and NGOs have developed HIV/AIDS sexual and reproductive health education programmes for out-of- school children and those children at risk. The Committee requests the Government to provide information on the impact of the National Policy on HIV/AIDS and the National Multi-Sectoral Strategic Framework on HIV/AIDS on protecting child victims and orphans of HIV/AIDS from the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Noting the information provided by the Government in its report on the TBP, the Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents, including inspection reports, as well as information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1.  Sale and trafficking of children. In its previous comments, the Committee noted that section 139A(1)(b)(i) of the Penal Code deals with trafficking in persons. According to this provision, any person who, for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration arranges for, or assists a child under 18 years of age to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian, commits the offence of trafficking. The Committee observed that section 139A(1)(b)(i) of the Penal Code refers only to the trafficking of children "without" the consent of their parent or guardian. The Committee once again requests the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

2. Compulsory recruitment of children for use in armed conflict. The Committee previously noted that, by virtue of section 29(4) of the National Defence Act, 1966, no person under the apparent age of 18 years shall be enrolled in the defence forces without the consent in writing of one of his parents or his guardian or where the parents or guardian are dead or unknown, by the area commissioner of the district in which such person resides. The Committee also noted that, in its initial report to the Committee on the Rights of the Child in September 2000 (CRC/C/8/Add.14/Rev.1, paragraph 346), the Government stated that it had participated in only one war in which children were not involved as soldiers. The Government also indicated that the United Republic of Tanzania has not been involved in armed conflicts inside its boundaries. However, the Committee noted from the report of the United Nations Secretary-General on children and armed conflict in November 2003 (United Nations document A/58/546-S/2003/1053, paragraph 47), that armed opposition groups have recruited children from refugee camps in the western part of the United Republic of Tanzania. Noting the absence of information from the Government, the Committee once again asks it to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (c). Use, procuring or offering of a child for illicit activities. Referring to its previous comments, the Committee notes the Government’s indication that the use, procuring or offering of a child for illicit activities does not exist in the United Republic of Tanzania. However, the Committee reminds the Government that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and to indicate the sanctions envisaged.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. 1. Mainland Tanzania. With reference to its previous comments, the Committee notes with interest that the Employment and Labour Relations Act, 2004, for Mainland Tanzania [hereinafter Act No. 6], was adopted. It notes that, by virtue of section 5(3) of Act No. 6, a child under 18 years of age shall not be employed in a mine, factory or as crew on a ship or in any other worksite including non-formal settings and agriculture, where work conditions may be considered hazardous by the Minister. The Committee also notes that, under the terms of section 5(6)(a) of Act No. 6, the Minister shall make regulations to prohibit, or place conditions on the employment of children under 18 years of age. The Committee notes the Government’s indication that the types of work referred to under Article 3(d) includes work in commercial agriculture, mining, quarrying, domestic services and commercial sexual exploitation involving children under 18. The Committee also notes the Government’s statement that, in drawing up a list of hazardous types of work, the Government consulted the social partners. Finally, the Government indicates that Act No. 6 requires the Minister to make provision for the regular revision and updating of the list of hazardous forms of work and that this is the first list to be issued and, to date, no revision has been made by the Minister. Noting that the types of hazardous work referred to by the Government in its report (commercial agriculture, mining, quarrying, domestic services and commercial sexual exploitation) do not appear to be listed in Act No. 6, the Committee requests the Government to indicate whether this list is contained in regulations issued by the Minister pursuant to section 5(6) of Act No. 6 or in some other legislation.

2. Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. It once again requests the Government to provide information on progress made in this regard and to provide a copy of the law once it is adopted.

Article 5. Monitoring mechanisms. The Committee had previously noted that, for the purpose of monitoring and coordinating the intervention activities against the worst forms of child labour, the Government had established the National Inter-sectoral Coordination Committee (NISCC) at the national level, with representation by the employer’s association, trade union organizations, key government ministries and the non-governmental organizations. The Committee further noted that NISCC consists of four subcommittees, namely: commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. The Committee also noted that, at the local or district level, the Government had established the District Child Labour Committees (DCLC) which oversees the intervention activities against the worst forms of child labour. Noting that the Government has provided no information regarding this issue, the Committee once again requests the Government to provide information on the functioning of the NISCC and the four subcommittees, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that all action programmes against the worst forms of child labour were to be discussed by concerned sectoral subcommittees and the technical subcommittee, and approved by the NISCC. It once again requests the Government to provide information on any programmes of action approved by the NISCC for the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Noting that the Government has provided no information with regard to this Article of the Convention, the Committee once again requests the Government to report on the practical application of the penalties laid down in the relevant national provisions, namely: sections 138B, 139, 139A, 254 and 255 of the Penal Code, and section 102 of the Employment and Labour Relations Act, 2004. Moreover, observing that, due to devaluation, most monetary penalties mentioned in the legislation have become very low, the Committee once again asks the Government to provide information on measures taken or envisaged to review these monetary penalties in the light of the current value of the national currency.

Paragraph 2. Effective and time-bound measures. In its previous comments, the Committee noted with interest that the Government became one of the first three countries to design and implement a Time-Bound Programme (TBP). It also noted that, in April 2001, a national round table on the worst forms of child labour was held with a wide range of social partners and high-level government participation, and that four sectors were selected as priority target groups for the TBP initiative, namely, prostitution, the domestic service, the mining sector and commercial agriculture including tea, coffee and tobacco. The Committee furthermore noted with interest that the Government had set targets of reducing the involvement of children in the above sectors by 75 per cent by the year 2005 and of eradicating the problem completely by the year 2010. Noting that the Government has provided no information with regard to the TBP, the Committee yet again requests the Government to report on the results achieved in reducing the involvement of children in the four sectors selected.

Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that, according to the project document entitled "Supporting the time-bound programme on the worst forms of child labour in the United Republic of Tanzania", between 300,000 and 500,000 children were at risk in the four sectors targeted by the TBP. A total of five action programmes was being implemented by the Child Labour Unit (CLU) for: (i) the prevention and withdrawal of 5,000 children from prostitution; (ii) the prevention and withdrawal of 7,500 children in domestic services; and (iii) the prevention and withdrawal of child workers in commercial agriculture. In addition, three action programmes had been approved by the NISCC technical subcommittee, which included: (a) the prevention and withdrawal of 2,500 children in the mining sector; (b) vocational education and skills training for 3,000 children by the Vocational Education Training Authority; and (c) the provision of transitional education by the Complementary Basic Education and Training Programme (COBET) for 15,000 children identified for prevention. The Committee once again requests the Government to provide information on the impact of the abovementioned action programmes on preventing children under 18 from engaging in the worst forms of child labour in the four sectors targeted by the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee previously noted that, according to the project document mentioned above, a wide range of direct support has been given to partners to withdraw working children from hazardous work in mining sites (with UK-DFID support), domestic services, street work and prostitution. The Committee notes that, according to the information available at the Office, other action programmes are being implemented in different district councils of the United Republic of Tanzania, mostly concerning the prevention, withdrawal and rehabilitation of children from hazardous child labour in commercial agriculture. Noting the absence of information from the Government, the Committee requests the Government to provide information on the achievements of the TBP and the new action programmes, and their impact with regard to removing children in the worst forms of child labour in the four sectors targeted by the TBP, and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. HIV/AIDS. In its previous comments, the Committee noted that, according to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people were believed to be affected in the United Republic of Tanzania. The Committee also noted that, according to the Rapid Assessment document entitled "HIV/AIDS and child labour in the United Republic of Tanzania", more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. Moreover, the United Republic of Tanzania had formulated a national policy on HIV/AIDS. The Committee notes that the United Republic of Tanzania is part of the World Bank Grant to fight HIV/AIDS in Africa’s Great Lakes Region. In the absence of information provided by the Government, the Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. It yet again asks the Government to provide information on the measures envisaged or taken through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour, especially those who are self-employed as well as those engaged in domestic work, and in prostitution.

Clause (e). Take account of the special situation of girls. Noting that the Government has provided no information, the Committee once again asks the Government to provide more information on the number of girls targeted by the COBET programme.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that no specific authority has been designed for the implementation of the provisions giving effect to the Convention because this remains the responsibility of the central Government, as these strategies fall within the overall National Development Plan.

Article 8. International cooperation and assistance. The Committee noted that the Government had other objectives for 2010 in the National Development Vision 2025 and the Poverty Reduction Strategy Paper (PRSP) specifically relevant to child labour, which include a reduction of absolute poverty by 50 per cent (current absolute poverty is estimated at 43 per cent of the population) and the reduction of unemployment rates to less than 10 per cent. The Committee takes due note of the Government’s indication that the TBP, which targets four sectors, has been integrated in the National Development Vision on Poverty reduction, HIV/AIDS Control, Education and Employment Promotion.

Parts IV and V of the report form. Noting the information provided by the Government in its report on the TBP, the Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, as well as information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee notes that section 139A(1)(b) of the Penal Code, as added by section 14 of the Sexual Offences Special Provisions Act, 1998, deals with trafficking in persons. According to this provision, any person who for the purposes of promoting, facilitating or inducing the buying or selling or bartering of any person for money or for any other consideration: (i) arranges for, or assists a child to travel within or outside the United Republic of Tanzania, without the consent of his parent or lawful guardian; or (iv) engages in procuring children from hospitals, shelters for women, clinics, nurseries, day care centres, or other child care institutions or welfare centres, for money or other consideration, commits the offence of trafficking. According to subsection (2) of section 139A of the Code, a "child" means a person of the age of 18 years or less. The Committee observes that section 139A(1)(b)(i) of the Penal Code, while dealing with the trafficking of children within or outside the United Republic of Tanzania, refers only to the trafficking of children "without" the consent of their parent or guardian. The Committee requests the Government to indicate in what way trafficking in children is prohibited where consent of their parents or guardian has been given, but which may nonetheless be clear cases of trafficking for the purposes of labour exploitation.

The Committee notes that section 139 of the Penal Code, as amended by section 13 of the Sexual Offences Special Provisions Act, 1998, deal with trafficking in children for sexual exploitation. According to this provision, it is an offence for a person to: (b) procure or attempt to procure, any person under 18 years of age, to leave the United Republic, whether with or without the consent of that person, with a view to the facilitation of prohibited sexual intercourse with any person outside the United Republic, or remove or attempt to remove from the United Republic that person, whether with or without the consent of that person, for that purpose; and (d) bring or attempt to bring into the United Republic, any person under the age of 18 years with a view to prohibited sexual intercourse with any other person, inside or outside the United Republic.

2. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that sections 254 and 255 of the Penal Code contain provisions related to slavery. Thus, section 254 of the Code states that it is an offence for any person to import, export, remove, buy, sell or dispose of any person as a slave, or accept, receive or detain against his will any person as a slave. Section 255 of the Code further imposes a penalty on any person, who habitually imports, exports, removes, buys, sells, traffics or deals in slaves. Moreover, the Committee notes that Part X of the Employment Ordinance (Cap. 366) specifically deals with forced labour. In this regard, section 122 of the Employment Ordinance provides that, any person who exacts or imposes forced labour or causes or permits forced labour to be exacted or imposed for his benefit or for the benefit of any other person shall commit an offence against this Ordinance. Section 123 of the Ordinance further states that no forced labour shall be imposed or permitted for the benefit of private persons. According to section 121 of the Ordinance, the expression "forced labour"means all work or service, which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. This section excludes the service or work exacted by virtue of any compulsory military service; as a consequence of a conviction in a court of law; any work exacted in case of emergency; and such other communal services done under a civic obligation. Finally, according to section 256 of the Penal Code, any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.

3. Compulsory recruitment of children for use in armed conflict. By virtue of section 29(4) of the National Defence Act, 1966, no person under the apparent age of 18 years shall be enrolled in the defence forces without the consent in writing of one of his parents or his guardian or where the parents or guardian are dead or unknown, by the area commissioner of the district in which such person resides. According to section 2, the National Defence Act, 1966 applies to Zanzibar as well. The Committee notes that in its initial report to the Committee on the Rights of the Child in September 2000 (CRC/C/8/Add.14/Rev.1, paragraph 346), the Government stated that it had participated in only one war in which children were not involved as soldiers. The Government also indicates that the United Republic of Tanzania has not been involved in armed conflicts inside its boundaries. However, the Committee notes from the report of the United Nations Secretary-General on Children and armed conflict in November 2003 (United Nations document A/58/546 - S/2003/1053, paragraph 47), that armed opposition groups have recruited children from refugee camps in the western part of the United Republic of Tanzania. The Committee asks the Government to indicate in what manner it is prohibited to forcibly recruit children from refugee camps for use in armed conflict, and what practical measures are taken to effectively enforce this prohibition.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that section 139 of the Penal Code, as amended by section 13 of the Sexual Offences Special Provisions Act, 1998, deals with procuration for prostitution. According to this provision, it is an offence for a person to: (a) procure or attempt to procure any person, whether male or female of whatever age, whether with or without the consent of that person, to become, within or outside the United Republic, a prostitute; or (c) procure or attempt to procure any person of whatever age, to leave the United Republic, whether with or without the consent of that person, with intent that that person may become an inmate of or frequent a brothel elsewhere, or removes or attempts to remove from the United Republic any such person, whether with or without the consent of that person for that purpose; or (e) procure or attempt to procure any person of whatever age, whether with or without the consent of that person, to leave that person’s usual place of abode in the United Republic, that place not being a brothel, with intent that that person may, for the purposes of prostitution, become the inmate of, or frequent a brothel within or outside the United Republic.

2. Use, procuring of offering a child for the production of pornography or for pornographic performances. The Committee notes that section 138B(1) of the Penal Code, as amended by section 12 of the Sexual Offences Special Provisions Act, 1998, deals with the sexual exploitation of children. According to this section, any person who: (a) knowingly permits any child to remain in any premises, for the purpose of causing such child to participate in any obscene or indecent exhibition or show; or (b) acts as a procurer of a child for the purposes of any indecent exhibition; or (c) induces a person to be a client of a child for any indecent exhibition or show, by means of print or other media, oral advertisements or other similar means; or (d) takes advantage of his influence over, or his relationship to a child, to procure the child for any indecent exhibition or show; or (e) threatens or uses violence towards a child to procure the child for any indecent exhibition or show; or (f) gives monetary consideration, goods or other benefits to a child or his parents with intent to procure the child for any indecent exhibition or show commits the offence of sexual exploitation of children. Under subsection (2) of section 138B, a "child" means a person of the age of less than 18 years.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee takes note of the Drugs and Prevention of Illicit Traffic and Drugs Act, 1995, which is applicable to any person, and also applies to Zanzibar. It observes, however, that there appears to be no specific provision in the Act or in the national legislation that prohibits the use, procuring or offering of a child for illicit activities. The Committee reminds the Government that by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the trafficking of drugs as defined in the relevant international treaties, and sanctions envisaged.

Clause (d). Hazardous work. According to section 48(2) of the Employment Ordinance (Cap. 366), no young person is capable of entering into a contract, except for employment approved by the competent officers, as not being injurious to the moral or physical development of non-adults. Under section 79(1) of the Ordinance, no child (a person under 15 years) or young person (a person between 15 and 18 years) shall be employed in any employment which is injurious to health, dangerous or otherwise unsuitable. Section 83 of the Ordinance, as amended by section 5 of Act No. 5/1969, prohibits the employment of young persons in any industrial undertaking between the hours of 6 p.m. and 6 a.m., except on work, which by its nature is required to be carried out continuously on day and night (manufacture of iron and steel, glass works, manufacture of paper, manufacture of raw sugar, mining, reduction, extraction or preparation work), or in cases of emergency, which could not have been controlled or foreseen. Moreover, according to section 88 of the Ordinance, no young person shall be employed underground in any mine unless with a medical certificate. By virtue of sections 90 and 91 respectively, no young person shall be employed in any ship, or as a trimmer or stoker. Section 96(3) and (5) of the Merchant Shipping Act, 1967, prohibits the employment of a young person between 15 and 18 years in any capacity in any ship, and on any vessel as a trimmer or stoker. Under section 24 of the Factories (Building Operations and Works of Engineering Construction) Rules, 1985, a vehicle, power-driven capstan or haulage winch shall be driven or operated only by a trained and competent person who has attained the age of 18. Finally, by virtue of section 82 of the Rules, no person who is not trained and competent, or is under the age of 18 years, shall drive or operate a crane or other lifting appliance.

The Committee notes that in Zanzibar, the Employment of Children, Young Persons and Adolescents (Restriction) Decree (Cap. 56) contains provisions prohibiting and restricting the employment of children and young persons, which are almost similar to the provisions of the Tanzanian Employment Ordinance (Cap. 366). Sections 4, 7, 13, 14 and 16 are relevant. It also notes that the Labour Act, 1997, of Zanzibar contains provisions concerning the employment of children (section 116) and conditions of employment of young persons (section 117).

The Committee observes that section 83 of the Employment Ordinance of Mainland Tanzania, while prohibiting the employment of young persons in industrial undertakings during the night, exempts certain undertakings, which require continuous work during day and night. Thus, children below 18 years may be employed during the night in undertakings for work such as the manufacture of iron, steel, glass works, paper, raw sugar, mining, etc. The Committee points out that the Convention does not provide for exceptions for hazardous work. It notes nevertheless that the draft Employment and Labour Relations Act for Mainland Tanzania, and the draft Employment Act for Zanzibar, on which the Office has provided its comments, and both of which contain a general prohibition of hazardous work for persons under 18 years will be adopted shortly. The Committee requests the Government to provide information on progress made in this regard and to provide a copy of both laws once they are adopted.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s statement that the types of work referred to under Article 3(d) include work in commercial agriculture, mining, domestic services and commercial sexual exploitation involving children under 18 years. The Committee observes that these types of hazardous work do not appear to be specifically listed in any legislation. However, according to the information available at the Office, under the auspices of the ILO/IPEC’s Time-Bound Programme (TBP), a first tripartite consultation took place on 12 March 2004 in order to explore the necessary steps towards determining a list of hazardous activities and occupations to be prohibited to persons under 18 years. The Committee also notes that the draft document was presented and discussed during the tripartite consultation, and provides for an overview of the types of hazardous work in the United Republic of Tanzania. Moreover, the Committee observes that in its recommendations, the draft document gives a list of the types of hazardous work which by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children. This list indicates the following types of hazardous work: any work in agriculture, mining, and construction, the informal sector including retail, manufacturing, repair, and constructions service, child prostitution, pornography, domestic work, bar/restaurant/guest house keeping, dumpsite scavenging and street hawking. The Committee observes that the types of hazardous work include the sectors targeted by the TBP. It requests the Government to provide information on any progress made towards adopting the above list of hazardous work.

Paragraph 2. Identification of hazardous work. The Committee notes from the project document entitled "Supporting the Time-Bound Programme on the Worst Forms of Child Labour in the United Republic of Tanzania" that the Government has identified where the types of hazardous work, so determined exist. Hence, the four sectors selected as priority target groups for the TBP initiative, namely prostitution, the domestic service, the mining sector, and commercial agriculture have been identified as those where hazardous work exists.

Paragraph 3. Periodical examination and revision of the types of hazardous work. The Committee notes the Government’s indication that the list of the worst forms of hazardous child labour will be periodically examined.

Article 5. Monitoring mechanisms. The Committee notes that, for the purpose of monitoring and coordinating the intervention activities against the worst forms of child labour, the Government has established the National Inter-sectoral Coordination Committee (NISCC) at the national level, with representation by the employer’s association, trade union organizations, key government ministries and the non-governmental organizations. The NISCC consists of four subcommittees, namely: on commercial agriculture and mining; domestic service and prostitution; education; and a technical subcommittee. The first three committees are responsible for advising on interventions in their respective sectors while the technical committee (also called as "Technical team for programming") is vested with the responsibility of technically advising on the best and appropriate interventions for the sustainable elimination of the worst forms of child labour. The NISCC meets once in three months or at times of emergency to discuss issues pertaining to the implementation of the activities against the worst forms of child labour including approval of action programme proposals submitted by the actors. The Committee also notes that at the local/district level, the Government has established the District Child Labour Committees (DCLC) which oversee the intervention activities against the worst forms of child labour. The DCLC consists of all key stakeholders including local government officials of the districts. The Committee requests the Government to provide information on the functioning of the NISCC and the four subcommittees, and coordination between them, in particular in relation to the implementation of the provisions of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement that all action programmes against the worst forms of child labour have to be discussed by concerned sectoral subcommittees and the technical subcommittee and approved by the National Inter-sectoral Coordination Committee. As the National Inter-sectoral Coordination Committee involves all the tripartite partners and other groups (NGO), all approved programmes accommodate the views of all groups. The Committee requests the Government to provide information on any programmes of action approved by the National Inter-sectoral Coordination Committee for the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. Under section 254 of the Penal Code, any person who imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, is guilty of a felony, and is liable to imprisonment for seven years. Section 255 of the Penal Code imposes a penalty of imprisonment of ten years on any person, who habitually imports, exports, removes, buys, sells, traffics or deals in slaves. Section 122 of the Employment Ordinance provides that, any person who exacts or imposes forced labour of any other person shall commit an offence and shall be liable upon conviction to a fine not exceeding 2,000 shillings or to imprisonment for a term not exceeding one year, or to both such fine and imprisonment. According to section 139A of the Penal Code, any person who commits the offence of trafficking is liable on conviction to imprisonment for a term not less than 20 years and not exceeding 30 years and a fine of not less than 100,000 shillings and not exceeding 300,000 shillings or to both the fine and imprisonment and shall, in addition, be ordered to pay compensation of an amount to be determined by the court, to the person in respect of whom the offence was committed. By virtue of section 139 of the Penal Code, any person who commits the offence of procuration for prostitution is liable on conviction to imprisonment for a term of not less than ten years and not exceeding 20 years or to a fine of not less than 100,000 shillings and not exceeding 300,000 shillings or to both the fine and imprisonment. Under section 138B of the Penal Code, any person who commits the offence of sexual exploitation of children is liable upon conviction to imprisonment for a term of not less than five years and not exceeding 20 years. Section 154 of the Employment Act (Cap. 366), states that, any person who commits an offence against this Ordinance for which no penalty is expressly provided shall be liable upon conviction to a fine not exceeding 2,000 shillings (approximately US$1.8) and in the case of a second or subsequent offence against the same provision of this Ordinance to a fine not exceeding 3,000 shillings or to imprisonment for a term not exceeding three months or both. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant national provisions. Moreover, the Committee observes that, due to devaluation, most monetary penalties mentioned in the legislation have become very low. It asks the Government to provide information on measures taken or envisaged to review these monetary penalties in the light of the current value of the national currency.

Paragraph 2. Effective and time-bound measures. The Committee notes with interest that the Government demonstrated its initial commitment to the elimination of worst forms of child labour by choosing to become one of the first three countries to design and implement a Time-Bound Programme (TBP). In late April 2001, a national round table on the worst forms of child labour, particularly on hazardous work, was held with a wide range of social partners and high-level government participation. During this national round table, four sectors were selected as priority target groups for the TBP initiative, namely prostitution, the domestic service, the mining sector and commercial agriculture including tea, coffee and tobacco. Moreover, the Committee notes that, in order to develop a more comprehensive overview of the selected sectors and others, ILO/IPEC undertook eight rapid assessments in the United Republic of Tanzania investigating the worst forms of child labour in the informal sector, mining, prostitution, commercial agriculture including tea, coffee and tobacco, in the horticultural sector, and on HIV/AIDS. The Government indicates that the strategies adopted include awareness raising and community mobilization, capacity building of poor families whose children are working or at risk of entering into the worst forms of child labour, withdrawing and providing them with suitable alternatives, e.g. education and skills. The Committee notes with interest that the Government has set targets of reducing the involvement of children in the above sectors by 75 per cent by the year 2005 and of eradicating the problem completely by the year 2010. To contribute to this goal, the TBP will follow a dual strategy of helping to mobilize the largest possible coalition of partners and resources for scaling up interventions while initially focussing on currently available resources in a limited number of sectors and districts, with a view to rapidly demonstrate results. The Committee requests the Government to provide information on the results achieved in reducing the involvement of children in the four sectors selected.

Clause (a). Prevent the engagement of children in the worst forms of child labour. According to the project document entitled "Supporting the time-bound programme on the worst forms of child labour in the United Republic of Tanzania", between 300,000 and 500,000 children are at risk in the four sectors targeted by the TBP. The number of direct beneficiaries of this project is restricted by the available resources. Thus, about 30,000 children under the age of 18 years will be prevented from engaging in, or withdrawn from hazardous working conditions associated with the selected priority sectors and will benefit from the transitional education, vocational education and other services; and about 15,000 children under the age of 18 years will be prevented from undertaking such work through enrolment drives, increased awareness, school feeding programmes and economic empowerment of target families. According to the information available at the Office, a total of five action programmes are being implemented by the Child Labour Unit (CLU) for building the capacity of district officials in the planning and implementation of activities regarding child labour and its worst forms for: (i) the prevention and withdrawal of 5,000 children from prostitution; (ii) the prevention and withdrawal of 7,500 children in domestic services; and (iii) the prevention and withdrawal of child workers in commercial agriculture. In addition, three action programmes have been approved by the NISCC technical subcommittee and submitted to ILO/IPEC, Geneva, for clearance. These include: (a) the prevention and withdrawal of 2,500 children in the mining sector; (b) vocational education and skill training for 3,000 children by the Vocational Education Training Authority; and (c) the provision of transitional education by the Complementary Basic Education and Training Programme (COBET) for 15,000 children identified for prevention. The Committee requests the Government to provide information on the impact of the abovementioned five action programmes on preventing children under 18 from engaging in the worst forms of child labour in the four sectors targeted by the TBP.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes that, according to the project document mentioned above, a wide range of direct support has been given to partners to withdraw working children from hazardous work in mining sites (with UK-DFID support), domestic services, street work and prostitution. Moreover, the United Republic of Tanzania is one of the five countries (along with Kenya, Malawi, Uganda and Zambia) participating in a Subregional Project (2001-04) on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agricultural sector. The Committee also notes that ILO/IPEC has been supporting the Kiota Women Health and Development Organization (KIWOHEDE), to address the problem of children in prostitution and, in the last few years, has implemented several direct action programmes to rehabilitate the victims withdrawn from prostitution. KIWOHEDE, through group counselling has withdrawn 240 girls from prostitution who has been reintegrated into basic education and vocational training. The Conservation, Hotels, Domestic and Allied Workers Union (CHODAWU), with ILO/IPEC support have withdrawn 1,000 children from domestic services and provided them with alternatives. The Committee requests the Government to provide information on the achievements of the TBP, and its impact with regard to removing children in the worst forms of child labour in the four sectors targeted by the TBP, and providing for their rehabilitation and social integration.

Clause (c). Access to free basic education. Section 35 of the National Education Act, 1978, provides for compulsory primary education for every child that has attained the age of 7 years and requires the parent or parents of every child enrolled for primary education to ensure that the child regularly attends primary school until he completes the primary education. According to section 2 of the Act, primary education is defined as "full-time education given during the first seven years". In the United Republic of Tanzania, primary education is free and compulsory for all children who are 7 years old but not yet 13. The United Republic of Tanzania’s Basic Education Master Plan aims to achieve universal access to basic education, increase primary school gross enrolment and ensure that at least 80 per cent of children complete primary school education by the age of 15. Currently, there are only two programmes in place targeting the out-of-school population. The first is the Complementary Basic Education and Training Programme (COBET), which is a special programme for children: (i) whose age is above enrolment age; (ii) who have been withdrawn from labour; or (iii) who could not be enrolled on the basis of gender discrimination or for lack of school fees. The second programme is the Appropriate Cost-effective Centres of Education within the School System (ACCESS). The Committee notes that ILO/IPEC Tanzania, through a regional programme entitled "Action against child labour through education and training" has worked with teachers and their organizations to use education as a tool for: creating awareness of child labour issues; strengthening the quality, relevance and accessibility of education for children at higher risks of child labour; influencing national policy programmes and budgets on education to better reflect child labour concerns; and addressing the issues that will make quality education relevant, accessible and free for all children.

Clause (d). Identify and reach out to children at special risk. The HIV/AIDS pandemic is affecting every community in the United Republic of Tanzania. According to the Joint United Nations Programme on HIV/AIDS, UNAIDS, 1.5 million people are believed to be affected in the United Republic of Tanzania. The Committee notes that according to the Rapid Assessment document entitled "HIV/AIDS and child labour in the United Republic of Tanzania", more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. About 70 per cent of orphaned children were involved in self-employment, 60 per cent in domestic work and 55 per cent in prostitution. Among those engaged in prostitution, close to 60 per cent of the children were aged 15 years or younger. In the domestic service, this was true of about 30 per cent of children and in self-employment, about 40 per cent of children were below 15 years. The United Republic of Tanzania has formulated a national policy on HIV/AIDS and the Tanzania Commission for AIDS (TACAIDS) was established to regulate the roles of the various actors in containing the HIV/AIDS pandemic. The Committee asks the Government to provide information on the measures envisaged or taken through its national policy on HIV/AIDS to address the situation of children engaged in the worst forms of child labour, especially those who are self-employed as well as those engaged in domestic work, and in prostitution.

Clause (e). Take account of the special situation of girls. The Committee notes that COBET provides for the education of children, especially girls who could not be enrolled on the basis of gender discrimination. It asks the Government to provide more information on the number of girls targeted by the COBET programme.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the information provided by the Government that no specific authority has been designated for the implementation of the provisions giving effect to this Convention. The responsibility remains with the central Government as these strategies fall within the overall National Development Plan. The Committee requests the Government to indicate by what methods such implementation is supervised.

Article 8. International cooperation and/or assistance. The Committee notes that the Government has other objectives for 2010 in the National Development Vision 2025 and the Poverty Reduction Strategy Paper (PRSP) specifically relevant to child labour which include, a reduction of absolute poverty by 50 per cent (current absolute poverty is estimated at 43 per cent of the population) and the reduction of unemployment rates to less than 10 per cent. The United Republic of Tanzania is among the 17 African countries implementing a joint ILO/UNDP funded regional project entitled "Jobs in Africa - Poverty Reducing Employment Strategies for Africa" (JFA-PRESA). A number of key donor agencies at the national level such as UNICEF, the African Development Bank (ADB), World Food Programme (WFP) and DANIDA have committed to join the partnership and work together with ILO/IPEC and the Government in addressing the problem of the worst forms of child labour. Moreover, the Committee notes the Government’s indication that it, with other East African countries of Uganda and Kenya, is undertaking a programme entitled "Strengthen Labour Relations in East Africa" (SLAREA) with the support of ILO. The programme is intended to strengthen the economies of the three countries through harmonizing laws governing labour relations. Furthermore, the Committee notes that the United Republic of Tanzania is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. The Committee asks the Government to supply in its future reports any relevant information on international cooperation and/or assistance received to tackle the worst forms of child labour. Noting that the poverty reduction programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour, the Committee also requests the Government to supply information on any notable impact of such poverty reduction programmes (PRSP and JFA-PRESA) on eliminating the worst forms of child labour.

Parts IV and V of the report form. According to the Government’s report, there are no difficulties in the application of the Convention. The Committee notes however that according to the preliminary data from the first round of the IPEC sponsored 2000-01 Child Labour Survey, only 58 per cent of the estimated 12.4 million children aged 5-17 years were at school, whilst 39 per cent were engaged in economic activities or housekeeping. In an effort to investigate the worst forms of child labour, ILO/IPEC has conducted eight rapid assessments in the United Republic of Tanzania, concerning children in prostitution; children working in commercial agriculture - tea, tobacco, coffee; child labour in mining; child labour in the informal sector; child labour in the horticultural sector; and in HIV/AIDS. The rapid assessment studies suggest a significant number of children engaged in the worst forms of child labour. The Committee notes from the information contained in the TBP project document that the problem of child prostitution is on the rise especially in the high-density urban and sub-urban areas. Studies carried out in the key locations in four regions (Ruvuma, Mwanza, Dar es Salaam and Singida) show that an estimated 2,000-3,000 children are engaged in prostitution including girls as young as 9 years. A conservative estimate of 132,000 children are at risk from the worst forms of child labour in domestic services. The largest group of children in the mining sector are those aged between 14-17 years who accounted for 59 per cent of the total children interviewed. Girls in this sector were less (19.7 per cent) compared to boys (80.3 per cent). Children as young as 10 years were involved in the drilling of rocks, washing of rock dust, and collecting and carrying pieces of crushed rocks. A total of 82,850 children aged 5-17 years are estimated to be working in the commercial agriculture sector (tea, tobacco and coffee).

Moreover, the Committee notes the information provided by the Government in its report that a total of 2,671 boys and girls have been identified and withdrawn from labour and provided with alternatives. Eight hundred poor families have been supported to undertake income-generating activities. The Government also indicates that it expects to identify and withdraw more children under the TBP. The Committee encourages the Government to continue to supply information on the worst forms of child labour through copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions and convictions. As far as possible, such information and statistical data should include data disaggregated by sex, age group, occupation, branch of economic activity, and status in employment, school attendance and geographical location.