Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s report.

It notes in particular the Government’s indication that a labour law reform project has been launched to render its legislation compatible with the Convention, without, however, providing any detailed information in this regard. The Committee expresses the firm hope that the next report will include full information on the matters raised in its previous direct request, which concerned the following points.

1. The Committee had observed that section 82(c) of the Trade Unions Act, 1998, prohibits officials of the prison service from becoming members of any trade union organization, thereby denying them the right to bargain collectively, in contradiction with Article 5 of the Convention (except when these workers are integrated in the structure of the police or military forces).

2. The Committee also observed that section 8 of Act No. 2 of 1993 amending the Industrial Court of Tanzania Act, 1967, allows the Labour Commissioner to refer a dispute in the context of a collective agreement to the court, which shall make an award or advise the Labour Commissioner accordingly. The Committee recalled that, in general, compulsory arbitration by decision of the authorities and not freely chosen by both parties is not in conformity with the principle of the voluntary negotiation of collective agreements provided for in Article 4 of the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraphs 254-259).

3. The Committee requested the Government to take the necessary measures to bring its legislation into full conformity with Article 4 of the Convention.

Zanzibar

Article 1 of the Convention. The Committee had asked the Government to take the appropriate measures to protect trade union members against anti-union discrimination at recruitment or by reason of participation in legitimate union activities, given the fact that the provisions of the Zanzibar Industrial Court Act and of the new Labour Act do not contemplate this protection.

Article 2. The Committee had asked the Government to indicate how adequate protection, coupled with dissuasive sanctions, is granted to organizations of workers and employers against acts of interference by each other and, in particular, acts which are designed to promote the establishment of workers’ organizations under the domination of employers’ organizations, or to support workers’ organizations by financial or other means, with the object of placing such organizations under the control of employers or their organizations (see General Survey, op. cit., paragraphs 228-231).

Article 4. The Committee had asked the Government to indicate criteria for the registration of collective agreements and reasons used for the refusal of registration (sections 4(5), 18(2)(c) and 28(6)(b) of the Zanzibar Industrial Court Act, 1994).

Articles 5 and 6. Noting that the new Labour Act only applies to the private sector and excludes from its scope seafarers (section 3 of the Labour Act), the Committee recalled that all workers should enjoy the rights and guarantees provided by the Convention with the sole possible exception of public servants engaged in the administration of the State, the armed forces and the police.

The Committee asks the Government once again to amend its legislation in this regard and to keep it informed of developments.