Solicitud directa (CEACR) - Adopción: 2020, Publicación: 109ª reunión CIT (2021)

Convenio sobre la abolición del trabajo forzoso, 1957 (núm. 105) - República Unida de Tanzanía (Ratificación : 1962)

Otros comentarios sobre C105

Observación

Solicitud directa

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Imprisonment involving an obligation to work. In its previous comments, the Committee had noted the Government’s repeated statement that imprisonment does not involve an obligation to perform work by virtue of Part XI of the Prison Act of 1967, including in Zanzibar. However, the Committee noted that, pursuant to section 61 of the Prison Act, every prisoner sentenced to imprisonment and detained in prison shall be employed in such a manner as the Commissioner may determine, and for that purpose such prisoners shall, at all times, perform such labour, tasks and other duties as may be assigned to him or her by the officer-in-charge or any other prison officer in whose charge he or she may be. Section 50 of the Offenders Education Act of 1980 of Zanzibar contains the same provision. The Committee observed that prisoners are required to perform labour as determined by the Commissioner and assigned to him or her by the prison officer and that the consent of the prisoner is not required by both the laws. Therefore the following provisions referred to by the Committee, of which the violation is punishable by imprisonment, fall within the scope of the Convention.

I. Tanzania mainland

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for the expression of political views. The Committee previously noted that paragraph 56 of the First Schedule to the Local Government (District Authorities) Act, 1982, pursuant to section 118(4) of the Act, contains provisions prohibiting, regulating or controlling meetings and other assemblies. It noted the Government’s repeated statement that a district council has the discretion to perform any of the functions specified in the First Schedule to the Act for general purposes of economic development, social progress, environmental sustainability and general welfare of the people. The Government indicated that, in alignment with section 113(1) of the Act, the local government is responsible for maintaining peace, order and good governance. The Committee requested the Government to provide information on any measures or decisions taken by the local governments or district councils in this regard. Noting an absence of information in the Government’s report on this point, the Committee once again requests the Government to provide information on any measures or decisions adopted by local governments or district councils to prohibit, regulate and control, inter alia, meetings, processions and other assemblies, pursuant to paragraph 56 of the First Schedule to the Local Government (District Authorities) Act.

Article 1(c). Penalties involving compulsory labour as a means of labour discipline. In its previous comments, the Committee noted that according to section 11 of the First Schedule to the Economic and Organized Crime Control Act as amended up to 2016, any employee of a specified authority who causes pecuniary loss to his employer or damage to his employer’s property, by any wilful act or omission, negligence or misconduct, or failure to take reasonable care or to discharge his duties in a reasonable manner, may be punished with imprisonment for up to two years which involves an obligation to work (section 60(2) of the Act). Recalling that penalties of imprisonment involving compulsory labour as a means of labour discipline are incompatible with the Convention, the Committee once again requests the Government to take the necessary measures to repeal or amend section 11 of the First Schedule to the Economic and Organized Crime Control Act, 1984, and to provide information on measures taken in this regard.

II. Zanzibar

Article 1(a). 1. Penalties imposed for seditious offences. The Committee previously noted that section 41 of the Penal Decree (No. 6 of 2004) prohibits engaging in a seditious enterprise (section 41(a)(i)), which is punishable by a sentence of imprisonment (involving compulsory prison labour) of up to seven years. The Committee noted the Government’s indication that the application of section 41 was limited, due to the constitutional provisions concerning freedom of expression which would always prevail in case of a conflict between the Constitution and the Penal Decree.

The Committee notes the Government’s statement that a person found liable for the above offence shall be guilty of a felony and shall be punished with imprisonment without any compulsory labour, but will be required to perform such labour, task and other duties as punishment and as assigned to him by the officer in charge or any other prison officer in whose charge he may be. The Committee observes that persons convicted for the offences under section 41 of the Penal Decree are required to perform labour as determined by the Commissioner and assigned to him or her by the prison officer and hence falls within the scope of the Convention. With reference to paragraph 302 of the 2012 General Survey on the fundamental Conventions, the Committee recalls that, under Article 1(a) of the Convention, the range of activities that must be protected from punishment involving forced or compulsory labour comprises the freedom to express political or ideological views, through which citizens seek to secure the dissemination and acceptance of their views. The Committee therefore requests the Government to take the necessary measures to ensure that the above-mentioned provisions of the Penal Decree are not applied in a manner which could result in the imposition of penalties of imprisonment, involving compulsory labour, for holding or expressing political or ideological views. It once again requests the Government to provide information on the application of section 41 of the Penal Decree in practice to enable the Committee to ascertain whether this section is applied in a manner compatible with the Convention.

2. Penal provisions concerning unlawful societies. The Committee previously noted that, pursuant to section 3 of Societies Act No. 6 of 1995, an unlawful society constitutes any society declared by the Minister to be unlawful, or any unregistered society which has been in existence for more than six months and has not made an application for registration, has been refused registration or for which registration has been refused. Section 5 of the Societies Act further sets out that the Minister may, when he considers it to be essential for the public interest, by order declare any society to be unlawful which he considers is being used for a prejudicial purpose, or incompatible with the maintenance of peace, order and good governance. Pursuant to section 6 of the Societies Act, any person who manages or assists in the management of any unlawful society shall be guilty of an offence and shall be liable to a fine or to imprisonment (involving compulsory labour) for a term of six months, or both. The Committee also noted that a draft was developed regarding the amendment of the Societies Act, and that this draft was shared with non-governmental organizations, whose comments were sent to the Ministry of Justice for further action.

The Committee once again notes the Government’s statement that no sentences of imprisonment have been imposed pursuant to section 6 of the Societies Act. The Government further indicates that the amendment procedure of the Society Act is still ongoing. The Committee firmly hopes that the Government will take the necessary measures to ensure that amendments to the Society Act, including amendments to section 6 of the Act, will be adopted soon. It requests the Government to provide a copy, once it has been amended. Pending such an amendment, it requests the Government to continue to provide information on the application in practice of section 6 of the Societies Act, particularly regarding any sentences of imprisonment that have been imposed pursuant to this Act.