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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Republic of Tanzania (RATIFICATION: 2002)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes that, in its report, the Government recalls the general legal framework prohibiting sexual violence and sexual harassment in both the public and private sectors, namely section 138(D) of the Sexual Offenses Special Provisions Act, 1998, section II(6) of the Code of Ethics and Conduct for the Public Service, 2003, and section 7(5) of the Employment and Labour Relations Act (ELRA), Cap. 366 2019. The Government adds that, according to sections 7(1) and 7(2) of the ELRA, every employer strives to eliminate discrimination and shall register with the Labour Commissioner a plan to eliminate discrimination in the workplace, including sexual harassment. The Committee further notes the Government’s general statement that it is continuously taking measures to increase public awareness regarding sexual harassment, through various communications in television and radio programmes. It also takes note of a 2013 judgment of the High Court, attached to the Government’s report, which dismissed a complaint made by an employee found guilty of sexual harassment for unfair termination of his employment contract. However, the Committee observes that the Tanzanian Legal and Human Rights Centre (LHRC), in its 2021/2022 Human Rights and Business Report, found that the issues of sexual violence and sexual harassment are still among the most pressing matters facing women in the business sector. The same report indicates that more than half of workers (52.6 per cent) acknowledge that psychological and sexual violence exists in their workplaces, and that 21.3 per cent of workers explicitly mention sexual violence. The Committee further notes that, according to the 2021 Human Rights Report issued by the LHRC, sexual violence and sexual harassment against women are particularly prominent in the media sector, with editors and human resources officers being the most common perpetrators. The same report also states that acts of sexual violence continue to be a big challenge for schoolchildren, especially girls, with their teachers being among the perpetrators. Considering the high prevalence of violence against women, the Committee wishes to recall the gravity of sexual violence and sexual harassment, which constitute a serious manifestation of sex discrimination. Consequently, the Committee asks the Government to strengthen its efforts to effectively prevent and eliminate sexual violence and sexual harassment at workplaces and education institutions, including by fighting stigma surrounding it and impunity of perpetrators of such violence. It further urges the Government to provide information on:

(i)the plans to eliminate discrimination in the workplace, including sexual harassment, developed and registered by employers with the Labour Commissioner in virtue of sections 7(1) and 7(2) of the ELRA;
(ii)any other proactive measures taken or envisaged to prevent and eradicate sexual violence and sexual harassment at workplaces, especially in the media sector, as well as education institutions; and
(iii)the number, nature and outcome of complaints or cases of sexual harassment arising in the context of work or education, including any penalties imposed and compensations awarded.

Article 2. National equality policy with respect to grounds other than sex. The Committee notes the Government’s indication that it has adopted the National Development Vision 2025, aimed among other things at attaining gender equality in all socioeconomic, political and cultural aspects by 2025. However, the Government does not provide information on the measures taken or envisaged to promote equality and eliminate discrimination with respect to grounds other than sex, such as for example race, colour, religion, political opinion, national extraction or social origin. The Committee also takes note of the Government’s statement that the Labour Commission has developed Guidelines to help employers in the process of elaborating plans to promote equal opportunities and eliminate discrimination, as provided under sections 7(1) and 7(2) of the Employment and Labour Relations (ERLA) Act, Cap. 366 2019. It observes, however, that the Government does not provide information on the content of the Guidelines in question, nor on the plans elaborated by employers on the basis of these Guidelines. The Committee further notes the Government’s statement that it plans to strengthen the Labour Information Management System and the Labour Inspection Unit by creating an online platform, which will facilitate its efforts to eliminate discrimination at the workplace. The Government adds that joint inspections are currently being conducted by the occupational safety and health officers, the labour officers and the social security officers, which effectively promote equality of opportunity and treatment. The Committee asks the Government to:

(i)provide information on the measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation and eliminate discrimination on all the grounds other than sex listed in Article 1(1)(a) of the Convention, as well as on any additional grounds prohibited by national legislation;
(ii)provide a copy of the Guidelines developed by the Labour Commission to assist employers in formulating plans on promoting equal opportunities and eliminating discrimination at the workplace required by law, and statistical data on the number of any such plans registered with the Labour Commission; and
(iii)keep it informed of the progress of the creation of the online platform aimed at strengthening the role of the Labour Information Management System and the Labour Inspection Unit in combatting discrimination in employment and occupation, as well as of the impact of the joint inspections conducted by the occupational safety and health officers, the labour officers and the social security officers on preventing and eliminating discrimination in employment and occupation.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s general statement that, since the enactment 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”, no single application for a work permit has been rejected for reasons that can be qualified as discriminatory. The Committee therefore asks the Government to provide information on:

(i)the number of work permits that have been refused by the Labour Commissioner on the basis of the above-mentioned provision, and the reasons thereof; and
(ii)any cases of discrimination related to race, colour and national extraction against non-citizens that have been dealt with by the competent authorities, as well as the remedies provided.

General observation of 2018. The Committee takes note of the Government’s general statement that efforts are being constantly made to ensure that there is no discrimination based on race, colour and national extraction in employment and occupation. The Committee therefore asks the Government to provide information on:

(i)the laws, policies, programmes, mechanisms, participatory processes and remedies designed to prevent and eliminate discrimination on the grounds of race, colour and national extraction in employment and occupation, address prejudices and stereotypes and promote mutual understanding and tolerance among all sections of the population; and
(ii)the measures taken or envisaged with regard to non-citizens, in order to address gaps in education, training and skills, provide unbiased vocational guidance, recognise and validate the qualifications obtained abroad, and value and recognise traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation.

Enforcement. The Committee notes the Government’s statement that it has continued strengthening the legal aid institutions, in order to improve access to justice for marginalised social groups, such as the indigent, women, children and persons with disabilities. The Government adds that the Legal Aid Act No. 1 of 2017 supports and encourages paralegals, who have the potential to access remote and rural regions and offer basic legal education to persons severely limited in their access to justice, including women and children. The Committee further notes the Government’s statement that labour officers have been regularly taking relevant steps and actions towards investigating and initiating court proceedings with respect to equal treatment in employment and occupation. In this regard, the Committee notes that, according to the Labour Inspection Manual of 2020 attached to the Government’s report, the labour officers must report on any contravention relating to the Employment and Labour Relations Act (ELRA), including on the absence of a plan established by the employer to promote equal opportunity and eliminate discrimination at the workplace in virtue of the ELRA. The Committee therefore asks the Government to provide information on:

(i)the activities undertaken to raise public awareness on the provisions of the Convention, in particular by paralegals;
(ii)the procedures and remedies available to victims of discrimination in employment and occupation; and
(iii)any cases concerning discrimination in employment and occupation detected or settled by the labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.