Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

Referring to its observation under the Convention, the Committee requests the Government to provide, in its next report, information on the following points:

       I. Tanzania mainland

For a number of years, the Committee has been referring to the following provisions under which forced or compulsory labour may be imposed in circumstances falling within Article 1(a), (b) and (c) of the Convention:

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expressing political views. Under section 25 of the Newspaper Act, 1976, the President may, if he considers it necessary in the public interest or in the interest of peace and order, prohibit the further publication of any newspaper; printing, publishing, selling or distribution of such newspaper being punishable by imprisonment (involving an obligation to perform labour). Under sections 6, 8, 9(a), 12(i) and (ii), and 19–21 of the Societies Ordinance, administrative authorities enjoy discretionary powers to refuse or cancel the registration of societies; participation in an unregistered society being punishable by imprisonment. Paragraph 56 of the First Schedule to section 118(4) of the Local Government (District Authorities) Act 1982, contains provisions prohibiting, regulating or controlling meetings and other assemblies.

The Committee previously noted the Government’s indications that, following the establishment of multipartism, there had been a process of political reform in Tanzania, with the result that contrary views of individuals are not punished, except those which fall under accepted exceptions to the Convention. As regards the Societies Ordinance, the Government indicated that it had ceased to apply to political parties, which are now dealt with under the Political Parties Act, 1992.

While having noted the Government’s statement in its 2003 report that the above laws had been addressed by the Task Force of the current Tanzanian Labour Policy and Legislation Reform with a view to making appropriate recommendations to the Government, the Committee expresses firm hope that the necessary measures will be taken in the near future in order to bring the abovementioned provisions into conformity with the Convention and the indicated practice. It also reiterates its hope that the Government will describe in detail the new policy regarding the formation of societies, to which reference was made in its 2002 report, and again requests the Government to supply copies of relevant texts.

Article 1(b) and (c). Penalties involving compulsory labour as a punishment for failure to engage in socially useful work. The Committee previously noted that, under section 176(9) of the Penal Code, any person employed under lawful employment of any description who is, without lawful excuse, found engaged in a frolic of his own at a time when he is supposed to be engaged in activities connected or related to the business of his employment, may be punished with imprisonment (involving an obligation to work). The Committee pointed out that provisions under which idle and disorderly persons may be punished for the mere fact of not engaging in socially useful work are incompatible with both the Forced Labour Convention, 1930 (No. 29), and Article 1(b) of the present Convention. Moreover, it would appear that section 176(9) of the Penal Code is primarily applicable to persons who are under lawful employment but are absent from work; the imposition of penal sanctions involving compulsory labour on such persons also falls within the scope of Article 1(c) of the Convention, which prohibits the use of forced or compulsory labour as a means of labour discipline.

Having noted the Government’s repeated statement that these provisions will be re-examined in the course of the labour law reform, the Committee reiterates firm hope that the necessary measures will be taken by the Government in order to repeal or amend these provisions in the course of the future revision of the Penal Code.

Article 1(c). Penalties involving compulsory labour as a means of labour discipline. In its earlier comments, the Committee referred to the provisions under which any employee of a specified authority who causes pecuniary loss to his employer or damage to his employers’ property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his duties in a reasonable manner, may be punished with imprisonment for up to two years, which involves an obligation to work (section 11 of the First Schedule to the Economic and Organized Crime Control Act 1984 (“Economic Offences”), read in conjunction with section 59(2) of the Act).

Having noted from the Government’s 2003 report that the Economic and Organized Crime Control Act had been listed among the laws to be addressed by the Task Force of the current Tanzanian Labour Policy and Legislation Reform with a view to making appropriate recommendations to the Government, the Committee reiterates its hope that measures will be taken to repeal or amend the abovementioned provisions in order to ensure compliance with the Convention on this point.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously noted that, under sections 145(1)(b), (c) and (e), and 147 of the Merchant Shipping Act 1967, various breaches of discipline by seafarers are punishable with imprisonment (involving an obligation to perform labour). Under section 151, any seafarer who deserts from a foreign ship may be forcibly returned on board ship or delivered to the master, mate or owner of the ship or his agent.

The Committee previously noted the Government’s indication in its 2002 report concerning the submission of proposals to amend the Merchant Shipping Act, which had been prepared by the International Maritime Organization (IMO), for consideration by the meeting of stakeholders with the participation of the Government bodies, shipping companies and agencies and seafarers’ unions. Referring to its observation under the Convention, the Committee trusts that appropriate measures will be adopted in the near future in order to repeal or amend the provisions in question so as to bring the Merchant Shipping Act into conformity with the Convention.

       II. Zanzibar

In its earlier comments, the Committee referred to certain provisions imposing penalties of imprisonment (involving an obligation to perform labour, under section 50 of the Offenders’ Education Act) in the circumstances falling within Article 1(a) and (c) of the Convention. The Committee notes with interest from the Government’s report that, in the course of the labour law reform, a new Penal Act (No. 6 of 2004) has been adopted and the Penal Decree (Cap. 13) has been hereby repealed. The Committee notes, in particular, the repeal of sections 37 and 38 of the Penal Decree (concerning prohibited publications), as well as the Government’s indications concerning the amendment of section 110A of the Decree (dealing with disciplinary sanctions in the public service). The Committee requests the Government to provide a copy of the Penal Act (No. 6 of 2004) with its next report.

Article 1(a). 1. Penalties imposed for seditious offences. Referring to its earlier comments concerning section 41 of the Penal Decree (Cap. 13) (seditious offences), the Committee notes the Government’s indication in its report that, despite the repeal of the Penal Decree, the new Penal Act (No. 6 of 2004) contains similar provisions (section 41) and several convictions have been made under this section, with penalties of imprisonment for a term of not less than seven years. The Committee requests the Government to provide, in its next report, a more detailed information on the application of section 41 of the Act in practice, including copies of the court decisions defining or illustrating its scope, so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. In its earlier comments, the Committee referred to section 4(b) of the Deportation Decree (Cap. 41), concerning restriction orders in respect of persons conducting themselves so as to be dangerous to peace, good order, good government or public morals. The Government indicates in its latest report that no amendment has been made to this section, though in its 2002 report the Government stated that the Committee’s comments on this provision would be taken into account in the course of the labour law reform. The Committee requests the Government to provide, in its next report, information on the application of section 4(b) in practice, indicating the number of persons against whom such orders have been made, the grounds for making the orders and the nature of any penalties imposed for breach of such orders, so as to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

3. Penal provisions concerning unlawful societies. The Committee has noted that sections 55–57 of the Penal Decree concerning unlawful societies have been repealed by the Society Decree No. 20 of 1963, which in turn has been repealed by the Afro Shirazi Party Decree No. 11 of 1965, copies of which have been communicated by the Government with its report. The Committee previously noted the Government’s indication that the latter Decree had been also repealed by Decree No. 3 of 1980. However, Act No. 3 of 1980 (the Election of Chairman of the Revolutionary Council and the President of Zanzibar Act 1980), a copy of which has been supplied by the Government, does not seem to contain provisions to that effect. The Committee requests the Government to clarify this issue and to provide copies of the repealing text with its next report.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee referred to section 3 of the Zanzibar Government Shipping Decree (Cap. 141) concerning certain disciplinary offences by seafarers. The Committee has noted the Government’s repeated indication in its reports that there has been no convictions under this provision. It hopes that the Government will continue to provide, in its future reports, information on any application of this provision in practice.