Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes with satisfaction that the Employment and Labour Relations Act, 2004 (No. 6) has repealed the Employment Ordinance (Cap. 366), under which compulsory labour could be imposed for public purposes.

Articles 1(1) and 2(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 referred in this connection to the following provisions:

–           article 25, paragraph 1, of the 1985 Constitution, which provides for a general obligation to work; 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 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 has previously 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 notes the Government’s repeated statement concerning practical difficulties encountered in the application of the Convention, which in most cases were due to application of by-laws and directives issued by local authorities imposing compulsory labour on the population. However, the Government stated in its 2003 and 2004 reports that it has taken very serious note of the Committee’s concerns, and that the identified laws – such as 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 Finances Act, 1982 – had been addressed by the Task Force of the Labour Law Reform, which had recommended to the relevant authorities to make appropriate amendments to these laws.

The Committee urges the Government to take the necessary measures to repeal or amend the numerous provisions which are incompatible with the Convention and to do so expeditiously. The Committee requests the Government to report on the progress made.

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