Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1 (paragraph 1) and 2 (paragraph 1), of the Convention. Freedom of career military personnel to leave the service. For a number of years, the Committee has been referring to section 35 of the National Defence Act, 1966, under which 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 Defence Forces Regulations. The Committee noted the Government’s indication that the reasons and conditions for resignation from active service, as provided for in the Regulations, were 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 section 35 that career military servicemen had the right to resign at their own request, without indicating any specific reason. The Committee pointed out, referring also to the explanations in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, that career members of the armed forces who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, for example by means of notice of reasonable length.

The Committee previously noted the Government’s indication in its report that the National Defence Act, 1966, as well as the Defence Forces Regulations, had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform with a view to making appropriate recommendations to the Government.

Since the Government’s latest report contains no new information on this issue, the Committee reiterates the firm hope that measures will soon be taken to bring the abovementioned 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, the number of resignations accepted, or refused, over a specified period, as well as the reasons for refusal. Please also supply a copy of the Defence Forces Regulations in force.

Article 2, paragraph 2(a). Use of conscripts for non-military purposes. For a number of years, the Committee has been referring to section 23(1) of the National Defence Act, 1966, under which 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 Government indicated previously that the Defence Forces Regulations did not contain provisions defining such “other purposes” for the employment of the Defence Forces 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 reasons other than the prevention of loss of life or serious loss of, or damage to, property), the regional commissioner 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 for non-military purposes.

Since the Government’s latest report contains no information on this subject, the Committee reiterates its hope that such information will be supplied by the Government in its next report.

Tanzania mainland

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Imposition of labour for public purposes. In its earlier comments, the Committee referred to by-laws issued by local government authorities in 1984 and 1986 under sections 13 and 15 of the Local Government Finances Act, 1982, which imposed “development levies” on every resident under the menace of penal sanctions of fines or imprisonment. The Committee requested the Government to take measures to ensure that jobless persons unable to pay are not obliged, through the imposition of a cash levy, to engage in compulsory public works.

The Committee previously noted the Government’s indication that “development levies” which were imposed under the provisions referred to above had been waived out, and the Local Government Finances Act, 1982, had been listed among the identified laws to be addressed by the Task Force on the Labour Law Reform with a view to making appropriate recommendations to the Government.

Since the Government’s report contains no new information on this issue, the Committee reiterates its hope that appropriate measures will be taken in order to bring legislation into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on the progress made in this regard.

Zanzibar

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. National service obligations. In its earlier comments, the Committee has been referring to a service known as the Jeshi la Kujenga Uchumi (JKU), established under Decree No. 5 of 1979, whose function was the training of young citizens to serve the nation and, in particular, the employment of servicemen, inter alia, in various agricultural and industrial activities, as well as in social and cultural activities, including social development. The members of the service were those enlisted or seconded from the civil or military service, as well as persons who were called up to serve for a period of one year or three years, under the menace of penal sanctions.

The Committee notes from the Government’s report that Decree No. 5 of 1979 has been replaced by the Jeshi la Kujenga Uchumi (JKU) Act (No. 6 of 2003), which entered into force in 2005. The Government states that under the 2003 Act, the persons concerned are free to choose whether to join the service or not. The Committee notes this information, as well as the extracts from Act No. 6 of 2003, supplied by the Government with its report, and requests the Government to communicate a copy of other relevant sections of the Act, such as sections 9 (Members of JKU), 10 (Members employed on permanent terms), 11 (Obligation to be recalled for service) and 12 (Seconded members). Please also continue to provide information on the practical functioning of the JKU, including the number of persons who joined the service during the reporting period and particulars concerning the employment of such persons in agricultural and industrial activities.