Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee had previously noted that under the terms of section 139A(1)(b)(i) of the Penal Code, trafficking in children for labour exploitation was only prohibited if the consent of the parent or lawful guardian had not been given. It had requested the Government to indicate in what way trafficking in children for labour exploitation is prohibited where consent of their parents or guardian has been given, but which may, nonetheless, be clear cases of trafficking for the purposes of labour exploitation.

The Committee notes with satisfaction the enactment of the Anti-Trafficking in Persons Act, 2008, which repeals section 139(A) of the Penal Code. According to section 4(1) of this Act, a person commits an offence of trafficking if that person recruits, transports, transfers, harbours, provides or receives a person by any means under the pretext of domestic or overseas employment for the purposes of labour or sexual exploitation. Section 4(3) of the Act provides that, if the victim is a child under the age of 18 years, the consent of the child, parent or guardian shall not constitute a defence in prosecution. The Committee also notes that, according to section 6(2)(a) of the Act, trafficking in children under the age of 18 years shall be considered as “severe trafficking in persons”, which carries more severe penalties, namely a fine ranging between 5 million shillings and 150 million shillings or imprisonment ranging from ten years to 20 years, or both. Sections 5 and 7 of the Act further provide penalties for the offences related to procuring or facilitating or acting as an intermediary for the commission of trafficking in persons.

Compulsory recruitment of children for use in armed conflict. Referring to the report of the United Nations Secretary-General on children and armed conflict of 10 November 2003 (A/58/546-S/2003/1053, paragraph 47) that armed opposition groups were recruiting children from refugee camps in western Tanzania, the Committee had previously requested the Government to indicate the measures taken to prohibit the forced recruitment of children from refugee camps for use in armed conflict.

The Committee notes with satisfaction that section 4(1)(g)(ii) of the Anti‑Trafficking Act of 2008, prohibits any person from recruiting, hiring, adopting, transporting or abducting a child under the age of 18 years for the purposes of engaging the child in armed conflict. According to subsection (5) of section 4 of the Act, this offence shall be punishable with a fine of not less than 5 million shillings but not more than 100 million shillings or imprisonment for a term ranging between two years and ten years, or both.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously observed that the provisions of the Employment and Labour Relations Act, No. 6 of 2004 (sections 5(4) and 5(7)), and the Penal Code (sections 138, 139A(1)(b) and 139A(1)(b)(i)) do not appear to prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s statement that efforts will be made to bring about the prohibition of the above offence. The Committee expresses the firm hope that the Government will take immediate measures to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties and establish penalties for the same. It requests the Government to provide information on any progress made in this regard.

Article 3(d) and Article 4, paragraph 1. Prohibition and determination of hazardous work. Mainland Tanzania. The Committee notes the Government’s statement that the process of adopting the rules and regulations of the Employment and Labour Relations Act are under way. The Committee also notes that, according to the ILO–IPEC Progress Report of September 2009 on the project entitled “Support for the Time Bound Programme on the Worst Forms of Child Labour in Tanzania-II” (TBP-II), the process of integrating the list of hazardous types of work in the national labour laws will be completed in October 2009. The Committee expresses the firm hope that the regulation on the list of hazardous types of work will be adopted shortly in consultation with the social partners and requests the Government to provide information on any developments in this respect. It also requests the Government to supply a copy of the list, once it has been adopted.

Zanzibar. The Committee had previously noted that the draft Employment Act for Zanzibar, which contains a general prohibition of hazardous work for persons under 18, would be adopted shortly. The Committee notes with interest the Government’s statement that Employment Act No. 11, which prohibits child labour including the employment of persons under 18 years in hazardous work, has been adopted since 2005. The Committee requests the Government to supply a copy of Employment Act No. 11 of 2005 along with its next report.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted the Government’s statement that, during Phase I of the ILO–IPEC project entitled “Supporting the Time-Bound Programme on the Worst Forms of Child Labour (2002–05)” (TBP), the National Inter-Sectoral Coordination Committee (NISCC) approved 15 action programmes on child labour. The Committee notes the Government’s information that, as a result of the programmes of action approved by the NISCC, the incidence of child labour has been reduced from 25 per cent in 2000–01 to 21 per cent in 2005–06.

Article 7, paragraph 1. Penalties. The Committee had previously observed that, due to devaluation, most of the monetary penalties mentioned in the Penal Code and the Employment and Labour Relations Act, 2004, have become very low. The Committee notes the Government’s indication that the Anti‑Trafficking in Persons Act of 2008 provides for a higher penalty for the offences related to trafficking in children. However, the Committee requests the Government to indicate the measures taken or envisaged to review the monetary penalties prescribed for the other offences mentioned under clauses (a) to (d) of Article 3 of the Convention, which are dealt with under the Penal Code and the Employment and Labour Relations Act.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that according to the ILO–IPEC Progress Report, 2006 (TBP Phase I, page 2), the Government had introduced the Primary Education Development Programme (PEDP) from 2002 to 2006 and the Secondary Education Development Programme (SEDP) for the period from 2005 to 2009 which had contributed to increased enrolments in primary schools and secondary schools. It had also noted that the Government adopted a Complementary Basic Education (COBET) programme as a strategy to reach out-of-school children, including those in child labour. The Committee notes the Government’s statement that, according to the Basic Education Statistics in Tanzania, 2007, as a result of the programmes to improve education under the PEDP, SEDP, as well as the Poverty Reduction Strategy Paper (PRSP), the number of children enrolled in primary education has increased to 12,418,679 pupils in 2007, and the secondary school enrolment has increased to 1,020,510 pupils. The Committee also notes the statistical data provided by the Government on the number of children learning under the COBET programme. According to this data, in 2007 a total of 185,206 children (106,463 boys and 78,743 girls) between the ages of 11 and 18 years were COBET learners. Considering that education contributes to preventing children from engaging in the worst forms of child labour, the Committee requests the Government to continue its efforts to ensure free basic education and to keep children in school. It requests the Government to continue supplying data on the enrolment rates in school disaggregated by sex.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Trafficking in children. The Committee notes that according to the provisions under Part IV of the Anti-Trafficking in Persons Act of 2008, the Government shall secure the protection, assistance and rehabilitation of child victims of trafficking; and establish or designate centres for the protection and assistance of victims of trafficking in persons (sections 19 and 20). The Committee requests the Government provide information on any measures taken, pursuant to the provisions of the Anti-Trafficking in Persons Act of 2008, to secure  the protection, assistance and rehabilitation of child victims of trafficking, and on the number of centres established for this purpose.

Commercial sexual exploitation and child labour in tobacco farming. The Committee notes with interest that according to the ILO–IPEC Progress Report, 2009, of the project TBP-II a total of 20,143 children (10,015 boys and 10,128 girls) were withdrawn or prevented from child labour through educational services or training opportunities; and 2,375 children (912 boys and 1,463 girls) were withdrawn or prevented from child labour through other non-education related services. It also notes that within this project 858 children (167 boys and 691 girls) were withdrawn and 648 children (414 boys and 234 girls) were prevented from commercial sexual exploitation. The Committee further notes that, according to the ILO–IPEC Progress Report of August 2008 of the project entitled “Towards Sustainable action for prevention and elimination of child labour in tobacco farming in Urambo district, Tanzania”, a total of 600 children (224 girls and 376 boys) were withdrawn or prevented through educational services or training opportunities; and 1,000 children (488 girls and 512 boys) were withdrawn or prevented through other non-education related services, and a total of 612 families were provided with income-generating activities. The Committee requests the Government to continue providing information on the achievements of the TBP-II and other ongoing action programmes within the TBP-II, and their impact with regard to removing children from the worst forms of child labour, in particular, the commercial sexual exploitation of children and providing for their rehabilitation and social integration.

Clause (d). Identify and reach out to children at special risk. Child orphans of HIV/AIDS. The Committee had previously noted that, according to the Joint United Nations Programme on HIV/AIDS (UNAIDS) 1.5 million people were believed to be affected in the United Republic of Tanzania. It also noted that, according to the Rapid Assessment document entitled “HIV/AIDS and child labour in the United Republic of Tanzania”, more than 60 per cent of children working in the informal sector were either single or double orphans. Most of their parents had died from HIV/AIDS. It had also noted the Government’s initiative at the national level, through the National Policy on HIV/AIDS of 2001 and the National Multi-Sectoral Strategic Framework on HIV/AIDS (2003–07). The Committee had further noted the Government’s statement that the Ministry of Labour, Employment and Youth Development in collaboration with local government councils and NGOs, had developed HIV/AIDS sexual and reproductive health education programmes for out-of-school children and those children at risk. The Committee notes that according to the information contained in the Epidemiological Factsheet on HIV/AIDS (UNAIDS), October 2008, over 970,000 children aged below 17 years are HIV/AIDS orphans in Tanzania. While noting the measures taken by the Government, the Committee observes with concern that one of the serious consequences of this pandemic on orphans is their increased risk of being engaged in the worst forms of child labour. The Committee therefore requests the Government to redouble its efforts to protect child victims and orphans of HIV/AIDS from the worst forms of child labour, in particular by increasing their access to education and vocational training. It also requests the Government to provide information in this regard and the results achieved.