Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2010. The Government indicates that the Labour, Economic and Social Council (LESCO) discussed and deliberated various agenda items which included wage rates, the appointment of the assessors of the Labour Court, the National Employment Bill and the implementation of the National Employment Creation Programme. The Government also recognizes that nothing has been done with regard to the tripartite consultations on the matters covered by Article 5(1) of the Convention. The Committee notes that issues relevant to the Convention will be included in the LESCO and Zanzibar Labour Advisory Board consultations and that progress made in this regard will be communicated accordingly. The Committee invites the Government to provide in its next report particulars of the consultations held on each of the matters set out in Article 5(1) of the Convention. It also requests the Government to include information as to the frequency of such consultations and to indicate the nature of any reports or recommendations made as a result of the consultations held by LESCO and the Zanzibar Labour Advisory Board.

Financing of training. The Committee notes that, due to financial constraints, the plan to train members of LESCO on social dialogue and negotiation skills was not implemented accordingly. A two-day technical workshop on raising awareness on freedom of association and the right to collective bargaining was held with financial and technical assistance from the ILO–USDOL project on improving labour law compliance in the United Republic of Tanzania. The workshop was open to members of LESCO and to those of the Zanzibar Labour Advisory Board. The Committee invites the Government to continue to provide information on any arrangements made to finance the training of LESCO and Zanzibar Labour Advisory Board members on the consultative procedures set forth by the Convention (Article 4(2)).

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

Articles 2, 3 and 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. In reply to its previous observation, the Government indicates in the report received in September 2009 that the members of the Labour, Economic and Social Council (LESCO) are appointed by the minister responsible for labour matters. The Council consists of an equal number of members representing the Government, workers and employers. Prior to appointing a member of the Council, the Government indicates that the minister, by notice in writing, invites nominations from the trade unions and employer associations. In this regard, members of the Council are nominated on merits, with transparency and full participation of the constituents. The Government further indicates that the Council has been very useful in advising it on issues relating to the promotion of economic growth and social equity, economic and social policy, labour market policy, labour laws, and other matters concerning employment relations. The Committee notes with interest the information provided in the Government’s report. The Committee invites the Government to provide information on the consultations held on the matters concerning international labour standards set out in Article 5(1) of the Convention. Furthermore, the Committee requests specific information on the subject, frequency and nature of any reports or recommendations resulting from the consultations held by the tripartite bodies such as LESCO on the issues covered by the Convention.

Article 4. Administrative support and training. The Government indicates that it makes staff available from the Ministry of Labour, Employment and Youth Development to serve as a secretariat of the Council. The Government also indicates that participants in tripartite consultations received training in mediation and arbitration, and that the newly elected members have been informed on their roles and functions. A plan is under way to train members on social dialogue and negotiation skills. The Committee invites the Government to continue providing information on the training provided to members of LESCO, more specifically on training of participants on the consultative procedures required by the Convention.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2006 observation, which read as follows:

Establishment of the Labour, Economic and Social Council. The Committee notes the Government’s report for the period ending September 2006. The Committee notes that the Labour Advisory Council has been replaced by a new tripartite institution, the Labour, Economic and Social Council (LESCO), established under Act No. 7 of 2004 on labour institutions. The Government indicates that this Council began operating on 7 September 2005. The Committee asks the Government to specify in its next report the procedures introduced to ensure effective tripartite consultations (Article 2 of the Convention), and the manner in which the members of the Council are chosen (Article 3).

Tripartite consultations required by the Convention. The Committee notes the Government’s statement to the effect that two sessions of tripartite consultation have taken place within the LESCO. The Committee once again asks the Government to provide detailed information on the content of the consultations that have taken place within the LESCO with regard to each of the matters set out in Article 5, paragraph 1, of the Convention, and on the recommendations resulting therefrom.

Administrative support and training. The Committee notes the Government’s statement to the effect that participants in tripartite consultations have received training in mediation and arbitration. The Committee invites the Government to continue providing updated information on this matter and to indicate the manner in which the necessary administrative support is provided for tripartite consultations, as required under Article 4.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Establishment of the Labour, Economic and Social Council. The Committee notes the Government’s report for the period ending September 2006. The Committee notes that the Labour Advisory Council has been replaced by a new tripartite institution, the Labour, Economic and Social Council (LESCO), established under Act No. 7 of 2004 on labour institutions. The Government indicates that this Council began operating on 7 September 2005. The Committee asks the Government to specify in its next report the procedures introduced to ensure effective tripartite consultations (Article 2 of the Convention), and the manner in which the members of the Council are chosen (Article 3).

2. Tripartite consultations required by the Convention. The Committee notes the Government’s statement to the effect that two sessions of tripartite consultation have taken place within the LESCO. The Committee once again asks the Government to provide detailed information on the content of the consultations that have taken place within the LESCO with regard to each of the matters set out in Article 5, paragraph 1, of the Convention, and on the recommendations resulting therefrom.

3. Administrative support and training. The Committee notes the Government’s statement to the effect that participants in tripartite consultations have received training in mediation and arbitration. The Committee invites the Government to continue providing updated information on this matter and to indicate the manner in which the necessary administrative support is provided for tripartite consultations, as required under Article 4.

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

1. Tripartite consultations required by the Convention. The Committee notes the Government’s statement that tripartite consultations were held within the Labour Advisory Board on proposals for the ratification of Conventions and on the other matters arising from the application of Conventions. Since it does not have any information enabling it to evaluate the application of this priority Convention, the Committee requests the Government to provide detailed information on the consultations held within the competent bodies of the United Republic of Tanzania with regard to all the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report. It trusts that the Government will communicate a list of the consultations undertaken stating the purpose and frequency of these consultations, and the nature of any reports or recommendations resulting from them.

2. Administrative support and training. The Committee also invites the Government to provide up-to-date information on the administrative support and training given to participants in the tripartite consultations, as required by Article 4 of the Convention.

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

The Committee notes that no report has been received since May 2000. 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 matters raised in its 2000 direct request, which read as follows:

The Committee notes the Government’s report which relates to the period ending in October 1999. It notes once again the indication to the effect that reports for submission to the ILO are sent in their final version to the representative organizations for comment. In this regard, the Committee is bound to insist again that the obligation to establish consultations in accordance with Article 5, paragraph 1(d), of the Convention goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, since it refers to consultations on any question that may arise in these reports. The Committee particularly wishes to recall that, in its latest General Survey on the Convention and Recommendation No. 152, it indicated that the comments on these reports that employers’ and workers’ organizations may transmit to the Office, cannot replace the consultations which have to be held during the preparation of the reports (paragraph 92).

The Committee trusts that these clarifications will be taken into account in order to give full effect to the Convention and that the Government’s next report will provide more detailed information on consultations that have been held not only on questions which may arise in the reports to be submitted to the ILO but also on the other matters listed in Article 5(1), on the frequency of these consultations and on the nature of all resulting reports or recommendations. In this regard, the Committee wishes to draw the Government’s attention to the fact that certain subjects mentioned (items on the agenda of the Conference, submission of instruments to the competent authorities, reports to be submitted to the ILO) entail annual consultation while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) require less frequent examination.

Finally, the Committee once again expresses the hope that detailed information will be supplied on the application of the Convention in Zanzibar.

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

The Committee notes with regret 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 matters raised in its direct request of 2000, which read as follows:

The Committee notes the Government’s report which relates to the period ending in October 1999. It notes once again the indication to the effect that reports for submission to the ILO are sent in their final version to the representative organizations for comment. In this regard, the Committee is bound to insist again that the obligation to establish consultations in accordance with Article 5, paragraph  1(d), of the Convention goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, since it refers to consultations on any question that may arise in these reports. The Committee particularly wishes to recall that, in its latest General Survey on the Convention and Recommendation No. 152, it indicated that the comments on these reports that employers’ and workers’ organizations may transmit to the Office, cannot replace the consultations which have to be held during the preparation of the reports (paragraph 92).

The Committee trusts that these clarifications will be taken into account in order to give full effect to the Convention and that the Government’s next report will provide more detailed information on consultations that have been held not only on questions which may arise in the reports to be submitted to the ILO but also on the other matters listed in Article 5(1), on the frequency of these consultations and on the nature of all resulting reports or recommendations. In this regard, the Committee wishes to draw the Government’s attention to the fact that certain subjects mentioned (items on the agenda of the Conference, submission of instruments to the competent authorities, reports to be submitted to the ILO) entail annual consultation while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) require less frequent examination.

Finally, the Committee once again expresses the hope that detailed information will be supplied on the application of the Convention in Zanzibar.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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 matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report which relates to the period ending in October 1999. It notes once again the indication to the effect that reports for submission to the ILO are sent in their final version to the representative organizations for comment. In this regard, the Committee is bound to insist again that the obligation to establish consultations in accordance with Article 5, paragraph 1(d), of the Convention goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, since it refers to consultations on any question that may arise in these reports. The Committee particularly wishes to recall that, in its latest General Survey on the Convention and Recommendation No. 152, it indicated that the comments on these reports that employers’ and workers’ organizations may transmit to the Office, cannot replace the consultations which have to be held during the preparation of the reports (paragraph 92).

The Committee trusts that these clarifications will be taken into account in order to give full effect to the Convention and that the Government’s next report will provide more detailed information on consultations that have been held not only on questions which may arise in the reports to be submitted to the ILO but also on the other matters listed in Article 5(1), on the frequency of these consultations and on the nature of all resulting reports or recommendations. In this regard, the Committee wishes to draw the Government’s attention to the fact that certain subjects mentioned (items on the agenda of the Conference, submission of instruments to the competent authorities, reports to be submitted to the ILO) entail annual consultation while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) require less frequent examination.

Finally, the Committee once again expresses the hope that detailed information will be supplied on the application of the Convention in Zanzibar.

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

The Committee notes the Government’s report which relates to the period ending in October 1999. It notes once again the indication to the effect that reports for submission to the ILO are sent in their final version to the representative organizations for comment. In this regard, the Committee is bound to insist again that the obligation to establish consultations in accordance with Article 5, paragraph 1(d), of the Convention goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, since it refers to consultations on any question that may arise in these reports. The Committee particularly wishes to recall that, in its latest General Survey on the Convention and Recommendation No. 152, it indicated that the comments on these reports that employers’ and workers’ organizations may transmit to the Office, cannot replace the consultations which have to be held during the preparation of the reports (paragraph 92).

The Committee trusts that these clarifications will be taken into account in order to give full effect to the Convention and that the Government’s next report will provide more detailed information on consultations that have been held not only on questions which may arise in the reports to be submitted to the ILO but also on the other matters listed in Article 5(1), on the frequency of these consultations and on the nature of all resulting reports or recommendations. In this regard, the Committee wishes to draw the Government’s attention to the fact that certain subjects mentioned (items on the agenda of the Conference, submission of instruments to the competent authorities, reports to be submitted to the ILO) entail annual consultation while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) require less frequent examination.

Finally, the Committee once again expresses the hope that detailed information will be supplied on the application of the Convention in Zanzibar.

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

The Committee takes note of the Government's report on the application of the Convention. The Government indicates that special efforts have been made to ensure effective consultations within the meaning of the Convention, in particular within the Labour Advisory Board, on the matters set out in Article 5, paragraph 1, of the Convention. The Government indicates as an example that reports for submission to the ILO are sent in their final version to the representative organizations for comment. In this regard, the Committee wishes to draw the Government's attention to the fact that the obligation to establish consultations in accordance with Article 5, paragraph 1(d), goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, since it refers to consultations on any question that may arise from reports on the application of ratified Conventions. Consequently, it is important to allow sufficient time for the representative organizations to make any comments they wish to make on the drafts of the reports, which, if necessary, can then be amended or made to incorporate those comments. Taking into account the information provided, the Government is requested to indicate in its next report the manner in which it ensures that effective consultations within the meaning of Article 2 of the Convention are undertaken not only on the matter set out in Article 5, paragraph 1(d), on reports to be presented to the ILO, but also on all the other matters enumerated in paragraph 1. Please provide detailed information on the consultations held on each of those matters and on their frequency. In this regard, the Committee considers it useful to provide the following indications in order to clarify, if needed, the scope of certain of the provisions referred to.

Article 2 of the Convention. The Committee recalls that under the present provisions the procedures used must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee indicated that effective consultations were those which enabled employers' and workers' organizations to comment usefully on the matters listed in Article 5, paragraph 1, that is to say, consultations capable of influencing the Government's decision (paragraph 44). These consultations must therefore take place before the Government takes any decision.

Article 5, paragraph 1(a). Items on the agenda of the Conference. The Committee emphasizes that these consultations should not only cover government replies to the questionnaires sent out with a view to a first discussion, but also the Government's comments on the draft texts developed by the Office to serve as a basis for the second discussion.

Article 5, paragraph 1(b). Submission to the competent authorities of Conventions and Recommendations. On this point, the Committee indicated in its 1982 General Survey that the Convention goes beyond the obligation of submission set out in article 19 of the Constitution of the ILO, by requesting governments to consult the representative organizations before finalizing the proposals made to the competent authority in relation to the Conventions and Recommendations, which have to be submitted to that authority. An exchange of views or information held after the submission to the competent authority would not therefore fulfil the objective of the Convention.

Article 5, paragraph 1(c). Re-examination of unratified Conventions and of Recommendations. The Committee considers it useful to emphasize the role of tripartite consultation in this respect to promote the implementation of international labour standards and it recalls that the precise objective of this provision is to enable governments to envisage, in view of changes in national law and practice, measures which could be taken to promote the ratification of a Convention or the application of a Recommendation, to which it had not been possible to give effect at the time of their submission to the competent authority.

Lastly, the Committee wishes to draw the Government's attention to the fact that certain subjects (replies to questionnaires, submissions to the competent authorities, reports to be presented to the ILO) require annual consultations, while others (re-examination of unratified Conventions and Recommendation) require less frequent examination.

In addition, the Committee notes that the Government is making efforts to promote the application of the Convention in Zanzibar. Reiterating the hope expressed in its previous comments, the Committee would be grateful if the Government would provide any information on progress made to that end.

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

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 matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report and the information provided in reply to its previous direct request. It notes in particular that effective consultations in the meaning of Article 2, paragraph 1, of the Convention only appear to be held, with regard to government replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5, paragraph 1(a)), if these questionnaires involve issues related to the representative organizations or their members, or on points that are within their jurisdiction. In other cases, the documents are only copied to them for information.

The Committee recalls in this respect that effective consultations are consultations which enable the representative organizations to have a useful say in each of the matters relating to ILO activities enumerated by the Convention and that, in order to do so, it is necessary that sufficient time be accorded in order to enable them to make any observations on the matters submitted for tripartite consultation.

The Committee would be grateful if the Government would supply detailed information in its next report on the consultations undertaken concerning each of the matters enumerated in Article 5, paragraph 1, including the frequency of the consultations, with an indication of the manner in which the opinions or observations made by the representative organizations are taken into account and the nature of any reports or recommendations made as a result of the consultations.

Finally, the Committee regrets to note the absence of any developments concerning the application of the Convention to Zanzibar. It reiterates the hope expressed in its previous comments and would be grateful if the Government would inform the Office of any measure taken to extend the application of the Convention to the territory of Zanzibar.

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

The Committee notes the Government's report and the information provided in reply to its previous direct request. It notes in particular that effective consultations in the meaning of Article 2, paragraph 1, of the Convention only appear to be held, with regard to government replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5, paragraph 1(a), if these questionnaires involve issues related to the representative organizations or their members, or on points that are within their jurisdiction. In other cases, the documents are only copied to them for information.

The Committee recalls in this respect that effective consultations are consultations which enable the representative organizations to have a useful say in each of the matters relating to ILO activities enumerated by the Convention and that, in order to do so, it is necessary that sufficient time be accorded in order to enable them to make any observations on the matters submitted for tripartite consultation.

The Committee would be grateful if the Government would supply detailed information in its next report on the consultations undertaken concerning each of the matters enumerated in Article 5, paragraph 1, including the frequency of the consultations, with an indication of the manner in which the opinions or observations made by the representative organizations are taken into account and the nature of any reports or recommendations made as a result of the consultations.

Finally, the Committee regrets to note the absence of any developments concerning the application of the Convention to Zanzibar. It reiterates the hope expressed in its previous comments and would be grateful if the Government would inform the Office of any measure taken to extend the application of the Convention to the territory of Zanzibar.

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

The Committee notes the Government's report and the information provided in reply to its earlier comments.

It notes that the consultations on matters concerning the activities of the ILO, which are enumerated in Article 5, paragraph 1, of the Convention, are carried out under different procedures.

The consultations concerning points (b) and (c) are held within the Advisory Labour Council and the opinions backed by the majority of its members are transmitted to the Government for action. This procedure ensures that the consultations are effective, as required by Article 2, paragraph 1, in the sense that they enable the representative organizations as defined by the Convention to take up positions in a useful manner on the matters before them.

However, it appears that consultations on points (a), (d) and (e) are confined to mere communications by the Government to the representative organizations for their information. Even if the representative organizations are invited to make comments on these matters, it would not appear, from the report, that the opinions expressed in this way are taken into consideration or influence the Government's decision.

The Committee recalls that the Convention establishes in Article 2 the obligation to ensure effective consultations with respect to the matters set out in Article 5, paragraph 1.

The Committee would be grateful if the Government would provide fuller and more detailed information on the consultations held on each of the matters enumerated in Article 5, paragraph 1, particularly with regard to points (a), (d) and (e), and on the nature of the reports or recommendations made as a result of these consultations, with an indication of the frequency of the consultations.

The Committee would also be grateful if the Government would indicate whether the competence of the Advisory Labour Council extends to all the matters set out in Article 5, paragraph 1, or whether it is limited in the texts which define its competence to the matters covered in points (b) and (e) of paragraph 1.

Finally, the Committee hopes that the conditions will soon be met for the application of the Convention to the territory of Zanzibar and requests the Government to keep the ILO informed of any development in this respect.

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

The Committee notes the general information given in the Government's report concerning Article 5 of the Convention. However, it requests the Government to provide more detailed particulars of the consultations held (i.e. the specific subjects treated) on each of the matters set out in paragraph 1, including information as to the frequency of such consultations. Please indicate, as requested in the report form, the nature of any reports or recommendations made as a result of the consultations.

The Committee further notes the information concerning the difficulties of the application of the Convention in Zanzibar due to the non-existence of an employers' organization. It notes that measures are currently under way in Zanzibar to establish an employers' organization and that assistance from the ILO has been requested to this effect. The Committee hopes that representative employers' organizations will soon be established so that the Convention will be fully applied in this part of the country. It requests the Government to keep the ILO informed of all development in this respect.

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

The Committee takes note of the information supplied by the Government concerning Article 3, paragraph 1, of the Convention.

It again requests the Government to provide detailed information on the consultations held during the period covered by the next report on each of the points raised in Article 5, paragraph 1, and on the frequency of such consultations.

It also asks the Government to indicate the manner in which the Convention is applied in Zanzibar.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note with interest of the information supplied by the Government in its first report.

It requests the Government to provide detailed information on any consultations held during the period covered by the next report, on each of the questions enumerated in paragraph 1 of Article 5 of the Convention, and on the frequency of such consultations.

The Committee would also be grateful if the Government would state whether the method of appointing representatives of the employers' and workers' organisations, as provided for in the legislation, guarantees the freedom of choice for these organisations required by Article 3, paragraph 1.