Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted the texts of the Civil Service Act, 1989, and the National Defence Act, 1966, supplied by the Government with its report received in 1997.

1. The Committee has noted that under section 23(1) of the National Defence Act, 1966, the employment of the Defence Forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires; the Defence Forces Regulations may prescribe the circumstances in which and the conditions on which such assistance may be rendered. The Committee requests the Government to indicate, in its next report, what "other purposes" for the employment of the Defence Forces are provided for in the Defence Forces Regulations under this section of the Act, and to supply a copy of the Regulations dealing with the subject.

With reference to its earlier comments concerning resignation from service by members of the armed forces, the Committee has also noted that, under section 35 of the National Defence Act, 1966, an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. It requests the Government to indicate, in its next report, the reasons and conditions for resignation from active service and to supply a copy of the relevant Regulations.

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of children. The Government indicated in its report received in 1997 that the findings of the abovementioned working group and measures proposed to improve the protection of children were incorporated in the report which had not yet been adopted by Parliament. The Committee would be grateful if the Government would supply a copy of the said report when it is adopted.

Tanzania mainland

3. In its earlier comments, the Committee asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilizing such labour forces.

The Government indicated in its report received in 1997 that such information had been requested from the relevant local authorities in the areas in question, but had not yet been received. The Committee reiterates its hope that the Government will not fail to provide the information in question, including the text of any decisions taken by the village councils or the Land Development Board, in its next report.

4. In its earlier comments, the Committee noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee requested the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

The Committee notes that the Government's report contains no new information on this subject. It hopes that appropriate measures will be taken by the Government in order to ensure full compliance with the Convention on this point and asks the Government to provide, in its next report, information on any progress made in this regard.

Zanzibar

5. In its earlier comments, the Committee noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, had established a service known as Jeshi la Kujenga Uchumi (JKU), whose function should be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service should be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, and VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee requested the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

In the absence of any information on the subject in the Government's latest report, the Committee once again expresses the hope that such information will be provided by the Government in its next report.