Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

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

Tanzania mainland

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

The Committee referred to the following provisions:

Article 1(a) of the Convention. 1. Under section 25 of the Newspapers Act, 1976, the President may, if he considers it necessary in the public interest or in the interest of peace and order, prohibit the further publication of any newspaper; printing, publishing, selling or distribution of such newspaper being punishable by imprisonment (involving an obligation to perform labour). Under sections 6, 8, 9(a), 12(i) and (ii), 19 to 21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment.

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

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

The Committee requested the Government to provide copies of any provisions adopted pursuant to paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, prohibiting, regulating or controlling meetings and other assemblies (i.e. copies of any by-laws on these matters). The Committee notes the Government's information in its report that the intention/purpose of this provision is health-oriented and aimed at preventing gatherings, meetings or assemblies of people or congestion of people in areas where there has occurred an outbreak of disease and/or any other health hazards such as meningitis, cholera, tuberculosis, etc. The Committee would appreciate that the Government provide copies of by-laws adopted to this effect.

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

Article 1(c). 2. Under section 176(9) of the Penal Code, any person employed under lawful employment of any description who is, without lawful excuse, found engaged in a frolic of his own at a time he is supposed to be engaged in activities connected or relating to the business of his employment may be punished with imprisonment (involving an obligation to work). In addition, under section 26 of the Human Resources Deployment Act, the Minister shall make such arrangements as will provide for a smooth and coordinated transfer or any other measure which will provide for the rehabilitation and full deployment of persons chargeable with or previously convicted under section 176 of the Penal Code.

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

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

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

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

Zanzibar

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

(a) Sections 37 and 38 of the Penal Decree (concerning prohibited publications) and section 41 of the Penal Decree (concerning seditious offences), including the number of convictions under these sections, the circumstances in which such offences were committed, and the penalties imposed.

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

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

(b) Section 4(b) of the Deportation Decree (Cap. 41), concerning restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals.

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

(c) Sections 55 to 57 of the Penal Decree concerning unlawful societies, including the number of orders issued declaring a society dangerous to good government, the number of convictions for offences under sections 56 and 57, the nature of the offences and the penalities imposed.

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

(d) Sections 110 and 110A of the Penal Decree, concerning neglect of duty by persons employed in the public service and employees of a "specified authority" who cause pecuniary loss to their employer or damage to their employer's property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge their duties in a reasonable manner.

Referring to the explanations provided in paragraphs 110 to 119 of its 1979 General Survey on the Abolition of Forced Labour, the Committee has pointed out that while the Convention does not protect persons responsible for breaches of labour discipline that are committed either in the exercise of functions which are essential to safety or in circumstances where life or health are in danger, the scope of sections 110 and 110A of the Penal Decree is wider and provides for breaches of labour discipline conducive to pecuniary losses to be punished with penalties involving compulsory labour.

The Committee hopes that the Government will re-examine these provisions in the light of the above explanations and indicate in its next report the measures taken or envisaged to ensure the observance of the Convention.

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

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