Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Information on legislation and migration flows. The Committee notes that Immigration Act No. 7 of 1995 and the Tanzania Citizenship Act apply to both Tanzania Mainland and Tanzania Zanzibar, and that the Immigration Control Decree of Zanzibar No. 2 of 1972 was repealed by Act No. 7 of 1995. The Committee notes the information in the Government’s report that according to the latest statistics for July there are 130 foreigners working in Zanzibar. The Government indicates that statistics regarding Zanzibar nationals working abroad are difficult to obtain. The Committee notes that the Employment Act No. 11 of 2005 defines “foreign employee” as an employee who is not a citizen of the United Republic of Tanzania. The Committee asks the Government to continue to provide information on legislative and policy developments with respect to immigration to and emigration from Zanzibar, as well as statistical information, disaggregated by sex and nationality, on migration flows.

Article 6(1)(a) to (d) of the Convention. Equality of treatment. The Committee notes that section 10 of the Employment Act provides comprehensive protection against discrimination in any employment policy or practice on any ground including race, gender, colour, religion, social origin or status, age, place of origin, national extraction, political opinion, marital status, pregnancy, disability and (real or perceived) HIV/AIDS status. The Committee also notes the Government’s commitment to ensuring that all migrant workers, men and women, are being treated equally. The Committee requests the Government to provide information on the measures taken to ensure that section 10 of the Employment Act is effectively applied in practice to foreign workers in Zanzibar with respect to the matters raised in Article 6(1)(a) to (d) of the Convention. Please also provide information on any complaints submitted by migrant workers to administrative bodies or the courts regarding non-application of section 10(1) of the Employment Act. Please also indicate whether migrant workers lawfully in the country whose contracts may have been terminated can have access to the courts on an equal basis with nationals.

Section 8. Maintenance of the right of residence for permanent workers in case of incapacity for work. The Committee notes section 18(1) and (2) of the Immigration Act 1995 regarding the issuing and renewal of residency permits for a period not exceeding a total of five years, as well as the provisions in the Employment Act regarding the issuing of work permits and their renewal. The Committee also notes the Government’s statement that in practice work permits are issued for one year subject to renewal without taking into account whether the contract is on a permanent or fixed basis. The Government also states that incapacity to work is not a reason to deny a person the right to residence and the person may be allowed to reside in the country provided that her or his work permit is valid and the contract of employment has not been terminated by the employer. The Committee recalls that Article 8 of the Convention is binding on the State and not dependent on whether the employer has terminated the contract or not. The Committee asks the Government to confirm that in practice there are no foreign workers who have been admitted on a permanent basis in Zanzibar.

Article 9. Transfer of earnings. The Committee notes the Government’s statement that there is no specific law providing for limits on the transfer of earnings or savings for migrants for employment, provided that they abide by the provisions of laws regarding financial matters, such as the Foreign Exchange Act. Please indicate the relevant provisions of the legislation governing financial matters, and provide copies of the Foreign Exchange Act.

Private employment agencies. The Committee notes the provisions in the Employment Act regarding private employment agents, including the issuing and cancellation of a licence (sections 29–34). It also notes the Government’s statement that presently there are no agencies legally recognized for the purpose of private recruitment activities, but that measures will be taken to ensure that this is being dealt with in the context of ILO technical assistance. The Committee asks the Government to continue to provide information on any developments to regulate activities of private employment agencies with a view to protecting migrant workers leaving Zanzibar or those entering Zanzibar against abuses and misleading information.

Scope of application. The Committee notes that the Government intends to hold consultations with a view to ensuring that the Convention applies to the whole territory of the United Republic of Tanzania, and will communicate any progress made in this regard.