Observación (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee has noted the Government's report.

Articles 1(1) and 2(1) and (2) of the Convention. For a number of years the Committee has been commenting on serious discrepancies between national law and practice and the provisions of the Convention.

The Committee referred in this connection to the following provisions:

-- article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; paragraph 2 of the same article which provides that there will be no forced labour; article 25, paragraph 3(d), of the Constitution, which provides that no work shall be considered as forced labour if it is relief work that is part of compulsory nation-building initiatives, in accordance with the law, or national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development;

-- the Local Government (District Authorities) Act, 1982, the Employment Ordinance, 1952, as amended, the Human Resources Deployment Act, 1983, the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, under which compulsory labour may be imposed, inter alia, by administrative authority, on the basis of a general obligation to work and 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.

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 with Convention No. 29 and Article 1(b) of Convention No. 105, also ratified by the United Republic of Tanzania, which prohibits the use of compulsory labour for development purposes.

The Committee previously noted the Government's indication that the Employment Ordinance No. 366 of 1952 was being revised. The Government states in its latest report received in May 1999 that the process of revision has been very slow due to technical reasons, but that a draft Bill has been tabled to the Cabinet. It also indicates that efforts to amend the Penal Code, the Resettlement of Offenders Act, 1969, the Ward Development Committees Act, 1969, and the Local Finances Act, 1982, are under way in the Law Reform Commission.

The Committee notes the Government's statement concerning practical difficulties encountered in the application of the Convention, which in most cases are due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population.

As regards the Human Resources Deployment Act of 1983, the Government indicates that it has been repealed and replaced with the National Employment Promotion Service Act of 1999. The Committee requests the Government to supply a copy of a repealing text, as well as a copy of the new Act.

The Committee trusts that the necessary measures will be taken in the very near future to repeal or amend the provisions contrary to the Convention. It also requests the Government to provide a copy of the Employment Ordinance, as soon as it is amended.

The Committee is addressing a request on certain other points directly to the Government.