CMNT_TITLE

Repetition

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that sections 138(D)(3) and 148(D)(1) of the Sexual Offenses Special Provisions Act, 1998 penalize generally sexual harassment. It also notes that section 7(5) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) provides that harassment of employees shall be a form of discrimination and shall be prohibited based on any one of the grounds mentioned in section 7(4) – which includes sex and gender. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern about the high prevalence of violence against women, the reluctance of victims of sexual violence to report cases of abuse to the police because of the stigma surrounding it and the impunity for perpetrators of such violence, in particular teachers (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 22 and 30). The Committee further notes that, in its Human Rights Situation Report (from January to June 2018), the Tanzanian Legal and Human Rights Centre indicated that sexual violence against women and children had increased, and that sexual favours continued to be asked of women in return for access to employment and promotion. Female students were also subject to requests for sexual favours from teachers. Recalling the gravity of sexual harassment which is a serious manifestation of sex discrimination (see the General Survey on the fundamental Conventions of 2012, paragraphs 789–794), the Committee asks the Government to take proactive measures to ensure that its existing legislation is effectively applied in practice in order to prevent and address all forms of sexual harassment in education institutions and at workplaces. It asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment and of the relevant applicable legislative provisions and procedures and mechanisms available and to encourage victims of sexual harassment to seek redress, and the remedies available. It also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment arising in the context of work or education, including the penalties imposed and compensation awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee previously noted that educational activities were carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace. With reference to its observation, the Committee, notes the Government’s indication that a generic plan for employers to promote equal opportunity and eliminate discrimination at the workplace is being developed with a view to giving effect to the provisions of sections 7(1) and (2) of the ELRA, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, in collaboration with the ILO and employers’ and workers’ organizations. The Committee notes, however, that the Government has not provided information on a national equality policy covering all the grounds of discrimination provided for in the ELRA. The Committee asks the Government to provide information on the development and implementation of any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the grounds other than sex listed in Article 1(1)(a) of the Convention, and on any other grounds of discrimination prohibited by its national legislation. The Government is also asked to provide information on any steps taken or envisaged in this regard. It asks the Government to provide information on any plan formulated to promote equal opportunity and to eliminate discrimination at the workplace, in virtue of section 7(1) and (2) of the Employment and Labour Relations Act.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey, Tanzanian citizens accounted for 98.9 per cent of total regular employees in the formal sector in 2016, while non-citizens accounted for 1.1 per cent. Non-citizens are mostly employed in manufacturing (30.9 per cent), education (17.8 per cent) and trade (12 per cent). The Committee further notes that according to the data available from the World Bank, migrant workers are likely to be employed in the informal sector. The Committee takes note of section 11(2) of the Non-Citizens (Employment Regulation) Act of 2015, which provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It further notes that according to section 6(1)(d) of the Non-Citizens (Employment Regulations) Regulations of 2016, the Labour Commissioner may not issue a work permit unless he is satisfied that the employer has provided sufficient evidence from recognized job search mechanism that he has been unable to fill the particular post(s) due to a lack of suitably qualified personnel in the Tanzanian labour market. Furthermore, section 9(2)(b) of the Regulations provides that before granting permission for bulk recruitment, the Labour Commissioner must satisfy himself that the employer has made every possible effort to recruit local employees but has been unable to find suitable candidates. The Committee wishes to point out that the Convention requires that the application of legal provisions providing priority to residents in respect of access to employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention (see the 2012 General Survey, paragraph 781). The Committee therefore asks the Government to provide information on the application of section 11(2) of the Non-Citizens (Employment Regulation) Act, as well as sections 6(1)(d) and 9(2)(b) of the Regulations in practice, in order to ensure that such provisions do not involve or lead to indirect discrimination on the ground of race, colour or national origin and effectively ensure equality of opportunity and equality in the treatment of migrant workers in employment and occupation. It asks the Government to provide information on the number of work permits that have been refused by the Labour Commissioner on the ground of the above-mentioned provisions, as well as on any cases of discrimination related to race, colour and national extraction relating to non-citizens that have been dealt with by the competent authorities, as well as on the remedies provided.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Further, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Noting that the Government does not provide information on the application of the Convention in practice, the Committee however notes that, in its concluding observations, the CEDAW was concerned that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, the imposition of legal fees and a lack of legal literacy, especially in rural areas, and more particularly that customary judicial mechanisms to which women most often resort are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any activities undertaken to this end. It also asks the Government to provide detailed information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.