Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the Government’s reply to its earlier comments.

1. Article 2(2)(a) of the Convention. The Committee previously noted that under section 23(1) of the National Defence Act, 1966, the employment of the defence forces may be authorized in rendering assistance to the civil authorities where such assistance is required to prevent loss of life or serious loss of or damage to property, or for other purposes when the public interest so requires; the Defence Forces Regulations may prescribe the circumstances in which and the conditions on which such assistance may be rendered. The Committee requested the Government to indicate the provisions in the Defence Forces Regulations defining "other purposes" for the employment of the defence forces. The Government stated in its 2002 report that the Defence Forces Regulations do not contain such provisions, but, according to the existing practice, when the Regional Commissioner is satisfied that the employment of the defence forces is required for public interest (for other reason than the prevention of loss of life or serious loss of or damage to property) he may request authorization for their employment. The Committee requested the Government to provide information about the existing practice of the employment of the defence forces in such circumstances, as referred to by the Government in its 2002 report. Since the Government’s latest report contains no information on this subject, the Committee hopes that the information requested will be supplied by the Government in its next report.

2. Freedom of career military personnel to leave the service. In its earlier comments, the Committee noted that, under section 35 of the National Defence Act, 1966, an officer or man may be released at any time for such reasons and on such conditions as may be prescribed by Defence Forces Regulations. The Government indicated in its 2002 report that the reasons and conditions for resignation from active service, as provided for in the Regulations, are as follows: retirement age, sickness, service completed, release of a female service person on marriage. The Committee observed that it did not appear from the wording of this provision that career military servicemen had the right to resign at their own request, without indicating any specific reason. Referring to paragraph 68 and 72 of its General Survey of 1979 on the abolition of forced labour, the Committee recalled that the provisions relating to compulsory military service included in the Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service.

The Committee notes the Government’s statement in its latest report that it has taken very serious note of the Committee’s concerns, and that the National Defence Act, 1966, as well as the Defence Forces Regulations, are listed among the identified laws which are being addressed by the task force of the current Tanzania Labour Policy and Legislation Reform, in order make appropriate recommendations to the Government.

The Committee reiterates its hope that measures will soon be taken to bring the abovementioned national provisions into conformity with the Convention, and that the Government will provide information on the progress made in this regard. Pending the adoption of such measures, the Committee again requests the Government to supply information on the application of section 35 of the Act and respective provision of the Regulations in practice indicating, in particular, a number of resignations of career military officers and men over a specified period, as well as the reasons for such resignations. Please also supply a copy of the Defence Forces Regulations in force.

3. The Committee previously noted that the Law Reform Commission of the United Republic of Tanzania had established a working group on child labour with a view to studying, among others, the availability of adequate legislative provisions for the protection of children. The Government indicated in its report received in 1997 that the findings of the abovementioned working group and measures proposed to improve the protection of children were incorporated in the report which had not yet been adopted by Parliament. The Committee again requests the Government to communicate a copy of the report by a working group on child labour established by the Law Reform Commission.

Tanzania mainland

4. In its earlier comments, the Committee 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 mobilizing such labour forces. The Government indicated in its 2002 report that such information would be supplied, as soon as it is obtained from the relevant government departments. The Committee reiterates its hope that the Government will not fail to provide the information requested in its next report.

5. 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 not only be 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 requested 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.

The Committee noted the Government’s indication in its 2002 report that the matter would be re-examined in the course of the labour law reform. Noting also from the Government’s latest report that the Local Government Finances Act, 1982, is listed among the identified laws which are being addressed by the task force of the current Tanzania Labour Policy and Legislation Reform, the Committee reiterates its hope that appropriate measures will be taken by the Government in order to ensure full compliance with the Convention on this point and that the Government will provide, in its next report, information on any progress made in this regard.

Zanzibar

6. In its earlier comments, the Committee noted that the Jeshi la Kujenga Uchumi Decree (No. 5 of 1979), which repealed the Youth Camps Decree, No. 16 of 1971, had established a service known as Jeshi la Kujenga Uchumi (JKU), whose function should 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; and (d) defence of the nation (section 3). According to section 4, the members of the service should be servicemen enlisted or persons seconded from the civil or military service of the United Republic of Tanzania, 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 a period of one year or three years.

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 requested 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 Government indicated in its 2002 report that the number of persons called upon to join the JKU varies from year to year and cannot be disclosed for security reasons. The students are provided with theoretical and practical instructions in various trades of their choice and receive a certificate indicating the trades and skills they have acquired which enable them to be employed in occupations of their respective trades.

The Committee would be grateful if the Government would continue to provide, in its future reports, information on the application of the Decree in practice. It also again requests the Government to supply a copy of a certificate from the JKU, which was referred to as attached to the Government’s 2002 report, but had not been received in the ILO.