Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1, paragraph 1, and 2, paragraph 1, of the Convention. Imposition of compulsory labour for purposes of economic development. For many years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention. The Committee has referred in this connection to the following national provisions:

–           article 25(1) of the Constitution, which provides that every person has the duty to participate in lawful and productive work and to strive to attain the individual and group production targets required or set by law; article 25(3)(d), of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of (ii) compulsory national service in accordance with the law, or (iii) the national endeavour at the mobilization of human resources for the enhancement of the society and the national economy and to ensure development and national productivity;

–           the Local Government (District Authorities) Act, 1982, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Government Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by the administrative authority for purposes of economic development;

–           several by-laws adopted between 1988 and 1992 under section 148 of the Local Government (District Authorities) Act, 1982, entitled “self-help and community development”, “nation-building” and “enforcement of human resources deployment”, which provide for an obligation to work.

On numerous occasions the Committee expressed its concern at the institutionalized and systematic compulsion to work established in law at all levels, in the National Constitution, Acts of Parliament and District by-laws, in contradiction both with the present Convention and Convention No. 105, likewise ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for purposes of economic development.

The Committee previously noted the adoption of the Employment and Labour Relations Act, 2004, which introduced a provision prohibiting the exaction of forced labour (section 6(1)) and repealed the Employment Ordinance (Cap. 366), under which compulsory labour could be imposed for public purposes.

The Government indicates in its latest report that the Law Reform Commission is currently carrying out legal research on laws that need amendments or repeal to reflect the current economic, social and political arrangements, including laws which are not compatible with the Convention.

While noting these indications, the Committee expresses the firm hope that the necessary measures will be taken to repeal or amend the provisions incompatible with the Convention and that the Government will soon be in a position to report on the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.