Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes that no report has been received from the Government.

For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

- under article 25, paragraph 1, of the 1985 Constitution every person is obliged to voluntarily and honestly participate in lawful and productive work, to observe labour discipline and strive to achieve the individual and communal production targets required or prescribed by law; article 25, paragraph 2, provides that notwithstanding paragraph 1, there shall be no forced labour. However, article 25, paragraph 3(d), provides that no work shall be considered as forced labour if it is relief work that is part of (ii) compulsory nation-building initiatives, in accordance with the law, (iii) national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

- the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed inter alia by administrative authority, on the basis of a general obligation to work and for purposes of economic development;

- several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982 entitled "self-help and community development", "nation-building", "enforcement of human resources deployment". The Committee noted for example that under the Mwanga District Council Self-help and Community Development By-laws, 1989, Government Notice No. 246 of 20 July 1990, "the Council may direct that any kind of development activities be done by all residents in the affected area within the Council or persons with special knowledge"; while no limitation is imposed on the nature of the projects, the intended beneficiaries or the duration of the participation, full-time employees of Government, Council, the Charma Cha Mapinduzi Party, the parastatal organizations and private companies are inter alia exempted from participation. For other residents, participation is mandatory and enforceable through fines and "extortion of property".

The Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, from the National Constitution through Acts of Parliament to District by-laws, in contradiction with Convention No. 29 and Article 1(b) of Convention No. 105, ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

In its preceding comments, the Committee noted the Government's indication that the Employment Ordinance No. 366 of 1952 was in the process of revision and that training of labour officers in international obligations had taken place.

The Committee noted the Government's indication in its report received in 1993 that article 25(3)(d)(ii) of the Constitution refers to compulsory national service provided for by the law, and not nation-building. The national service is a programme organized by the Government in which volunteers as well as form six leavers undergo inter alia military training and participate also in other activities, e.g. agricultural cultivation which has more or less made the army self-sufficient in food, building schools for both army personnel children and other children in the vicinity, by rendering emergency services, teaching, etc. Activities conducted within the national service are intended to benefit the national service and its participants. These activities are not forced upon people nor may they be termed as nation-building initiatives.

The Committee again requests the Government to provide a copy of the provisions on compulsory national service as well as any implementing provisions specifying the programme.

As concerns legislation mentioned by the Committee, the Government stated that the different acts were still under consideration. More specifically, referring to the Human Resources Deployment Act, 1983, the Government indicated that it has to be amended in accordance with the prevailing political situation in the country.

In relation to the Employment Ordinance, 1952, the Committee noted the Government's statement that a revised text was to be submitted to Parliament in October/November 1993 for final approval. As concerns the different by-laws adopted under the Local Government (District Authorities) Act, 1982, the Government considered that they are legally unenforceable with the adoption of a multi-party system as they incorporate the former sole political party CCM (Chama Cha Mapinduzi) as an exception from their scope. Amendment or repeal of the principal legislation would affect the application of subsidiary legislation. The Government reiterated its commitment to rectifying the situation and to report on any developments in the interministerial consultations that are continuing.

The Committee finally noted the Government's indication that the "Nyalali Commission" has listed 40 pieces of legislation as not conforming to the principles of human rights, including those identified by the Committee as not in conformity with the Convention, and that these provisions are under consideration. Given that the United Republic was due to become a federal State by 1995, revision affected much of the legislation and the pace of amendments would be slower than anticipated.

The Committee again requests the Government to report on any progress made and on measures taken or envisaged to repeal or amend the provisions contrary to the Convention, to which the Committee referred in detail in its 1993 observation. The Committee also hopes that the Government will provide a copy of the Employment Ordinance as and when amended.

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