Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - United Republic of Tanzania (Ratification: 1962)

Other comments on C029

Observation

Direct Request

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Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. Monitoring mechanisms and protection of victims. In its previous comments, the Committee noted the establishment of the Anti-Trafficking Committee, which has the overall responsibility of coordinating the activities of Government departments and law enforcement organs responsible for matters relating to trafficking in persons. It also noted the adoption of the implementing regulations pursuant to section 37(f) of the Anti-Trafficking in Persons Act, including Regulations No. 27 on the establishment of centres for protection and assistance to victims and Regulations No. 28 on prevention, protection and treatment, as well as the launching of the National Anti-Trafficking Action Plan (2015–2017). The Committee further noted that, according to a study report, Dynamics of Trafficking in Persons in Tanzania, published in 2016 by the IOM, the majority of trafficking victims are young women and girls under 20 years of age. Moreover, according to the Government’s replies to the list of issues of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the most common forms of trafficking of women and girls is through the recruitment of girls to work in domestic work from rural areas, and the transportation of girls to the Gulf countries and China and by using recruitment agents (CEDAW/C/TZA/Q/7-8/Add.1, paragraph 83). The Committee requested the Government to provide information on the implementation of the National Anti-Trafficking Action Plan (2015–2017) and the activities of the Anti-Trafficking Committee.

The Committee notes the Government’s information in its report that the National Anti-trafficking Action Plan was only partially implemented due to various factors including budget constraints. The Committee, however, notes the Government’s information on the measures taken by the Anti-Trafficking in Persons Secretariat within the framework of this National Plan: (i) conducted trainings for 702 key implementers of the Anti-Trafficking in Persons Act, including the members of the Anti-Trafficking Committee, police officers, immigration officers, public prosecutors, judges, magistrates, social welfare officers, local leaders and service providers; (ii) organized and commemorated the World Day against trafficking in Persons in Dar es Salem on 30 July 2018, which was attended by more than 500 people, including national leaders, representatives from various national and international organisations, key stakeholders and the general public; (iii) developed and disseminated brochures to key stakeholders and the general public, particularly the most vulnerable groups such as women and children, to raise awareness of trafficking; and (iv) convened a national dialogue with key stakeholders to discuss various issues related to trafficking in persons. The Committee further notes the Government’s information that a revised National Anti-Trafficking Action Plan (2018–2021) was launched on the World Day against Trafficking in persons.

The Committee notes from the National Anti-Trafficking in Persons Action Plan (2018–2021) document that during the implementation of the first Action Plan, the Anti-Trafficking Secretariat rescued and provided shelter, basic services and vocational training to 186 victims of trafficking (185 female victims and one victim). It also notes from this document that the new Action Plan has included eight strategic actions which prioritize key intervention areas of implementation such as policy, legislation and institutional mechanisms; capacity-building for skills enhancement; prevention and public awareness-raising; victim and witness support and protection; communication, coordination and cooperation; and research and information sharing. The Committee requests the Government to continue providing information on the implementation of the National Anti-trafficking in Persons Action Plan (2018–2021), including the specific measures taken to combat trafficking in persons and their impact. It also requests the Government to continue to provide information on the measures taken pursuant to Regulations Nos 27 and 28 on the assistance and services provided to victims of trafficking, including statistical data and the description of services provided.

2. Imposition of compulsory labour for economic development and public purposes. For many years, the Committee has been expressing its concern at the institutionalized and systematic compulsion to work established in the national Constitution in contradiction with the Convention. In this connection, the Committee has referred to:

-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; and
-article 25(3)(d) of the Constitution, which provides that no work shall be considered as forced labour if such work forms part of: (i) compulsory national service in accordance with the law; or (ii) the national endeavour at the mobilization of human resources for the enhancement of society and the national economy and to ensure development and national productivity.

The Government indicated that the Committee’s comments in this regard had been brought to the attention of relevant ministries, including the Ministry of Justice and Constitutional Affairs, to ensure that such comments are addressed during the ongoing constitutional review process. However, the Committee noted with concern that article 48 of the draft Constitution of 2013 appeared to contain wording similar to article 25 of the current Constitution, and did not address the issues raised by the Committee in this regard. The Government indicated that the new draft constitution had not yet been finalized pending a call for referendum. Noting an absence of information in the Government’s report in this regard, the Committee once again requests the Government to provide information on any progress made regarding the review of the Constitution, and to provide a copy once adopted.

3. Freedom of career military personnel to leave the service. The Committee previously noted that, pursuant to section 35 of the National Defence Act, 1966, officers or other members of career military personnel may be released at any time for such reasons and on such conditions as may be prescribed by the Defence Forces Regulations. In this regard, the Government indicated that the reasons and conditions for resignation from active service, as provided for in the Regulations, were: retirement age; sickness; service completed; and release of a female service person on marriage. The Committee therefore observed that section 35 did not appear to allow career military servicemen to resign at their own request, other than for one of the specific reasons listed, and recalled that career military personnel who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice. However, the Government stated that, in practice, career members of the armed forces enjoy the right to quit the service at their own request. The Committee also noted the Government’s information that according to Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of 1966, which provides for issues related to voluntary release, officers and other members of the military may resign at their own request. The Committee requested the Government to provide a copy of this Regulation. Noting that the Government has not provided a copy of this regulation, the Committee once again requests the Government to provide a copy of Regulation 8.11 of the Defence Forces Regulations Volume 1 (Administrative) of 1966.