Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report contains no reply to its previous direct request. The Committee again requests the Government to provide information on the following points to which the Committee referred previously:

1. Referring to its previous comments concerning resignation from service by members of the armed forces the Committee again expresses the hope that the Government will be able to provide copies of relevant statutory provisions governing contracts of service, notice of termination and applications for release from active service with its next report, including the 1966 Defence Act and regulations made thereunder relating to resignation from active service.

The Committee requests the Government to provide a copy of the Civil Service Act No. 16 of 1989 which came into operation on 1 July 1990 (Civil Service (Date of commencement) Notice, 1990).

2. The Committee noted previously with interest that the Law Reform Commission of Tanzania had established a Working Group on Child Law with a view to studying among others the availability of adequate legislative provisions for the protection of the children. The Committee hopes that the Government will supply information on the findings of the Working Group and on any measures proposed to improve the protection of children, including a copy of any report adopted.

Tanzania mainland

3. The Committee recalls that it had asked the Government to supply information on the mobilization and utilization of labour forces, e.g. for the construction of water reservoirs for agricultural purposes at the Kasamwa, Nyang'hwale and Msalala divisions in the Geita constituency, and the construction of 75 permanent godowns for storing crops in all the mainland regions, including the authority under which labour has been mobilized for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

The Committee noted the Government's indication that the government authority in the area is responsible for such mobilization and utilization, the smallest authority being the village council or the Ward Development Committee regrouping several villages. Section 111 of the Local Government (District Authorities) Act provides for the basic functions for which such mobilization may take place and labour may be organized.

While noting these indications of a general nature, the Committee requested the Government to provide the specific information requested in relation to the specified constructions mentioned above. The Committee hopes that the Government will send the information in question including the text of any decisions taken by the village councils or the Land Development Board.

4. The Committee previously noted that under section 13 of the Local Government Finances Act, 1982, a local government authority may make by-laws imposing such rates to be paid by the inhabitants or such categories of inhabitants, for, on, or in connection with such services, things, matters or acts as the authority may describe or specify in the by-laws in question. Under section 15, rates may be not only based on the value of property or assessed on earnings, livelihood or possessions of persons in the area but may also be rates per capita. The Committee noted that by-laws made in 1984 and 1986 under sections 13 and 15 impose "development levies" of 200 and 250 shillings on every resident person plus a penalty of 50 per cent for non-payment by the end of the year. The Committee noted that section 21(1) of the Act provides a penalty of 500 shillings or imprisonment for a term not exceeding three months for failure to pay a rate imposed under the Act, and under section 21(2), poverty as such shall not be available as an alternative or original defence for failure or total inability to pay rates. The Committee again requests the Government to indicate any measures taken or contemplated to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in public works on terms on which no voluntary labour is available.

Zanzibar

5. The Committee has previously noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall be the training of young citizens to serve the nation and in particular the employment of servicemen in: (a) instruction in the basic principles of economy and their application in terms of various forms of agricultural and industrial activities as well as the fisheries industry; (b) political education; (c) social and cultural activities including social development; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menace of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand.

The Committee noted the Government's indication that the Decree and the JKU, besides establishing a scheme under which youth is trained in professional skills, served as national services. This double function gave rise to confusion and the Government considered it necessary to separate the two or at least to have a clear policy and system of vocational training and had in this connection, adopted the Vocational Training Act No. 17 of 1986.

While noting these indications, the Committee again requests the Government to provide information on the practical application of the Decree, including the number of persons called up for one year's or three years' service, or for an extended service; details concerning the theoretical and practical instruction provided, e.g. the curricula or internal instructions followed; the number, kind and practical value of any certificates of occupational qualifications earned by persons completing their service; any other details enabling the Committee to ascertain that the employment of persons called up to serve in agricultural and industrial activities and fisheries turns upon their training rather than the performance of productive work; and information on any measures taken or envisaged to give participants a free choice among different available forms of activity.

The Committee hopes that the Government will provide the information in question.