Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters:

1. The Committee has requested the Government to supply information on the rights and obligations of detainees with respect to the performance of work or service, including copies of any regulations made under section 4(2)(a) of the Preventive Detention Act, 1962, as amended by Act No. 2 of 1985, for either the whole or part of the United Republic of Tanzania.

In its report for the period ending 15 October 1988, the Government indicated that the government departments administering the Preventive Detention Act have been consulted with a view to obtaining the required information. The Committee hopes that the information requested, including copies of relevant statutory provisions will be provided with the Government's next report.

2. Having previously noted the Government's indications that those serving in the army serve under renewable contracts of two or three years and civil servants may leave at 24 hours' notice, the Committee again requests that the Government supply copies of the statutory provisions applying to civil servants and to members of the armed forces, and governing contracts of service, notice of termination and applications for release from active service. In this connection, the Committee also asks the Government to send a copy of Agreement Forms TFN, 722 and staff circular No. 7 of 1976 relating to attendance of civil servants in courses of higher education.

Tanganyika

3. Further to point 1 of its observation on the Convention, the Committee had previously noted that under paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982, the performance of unpaid communal labour or the payment of compensation in lieu thereof may be required for a wide range of purposes "not barred by the Convention respecting the use of forced labour". Referring to paragraphs 36 and 37 of its 1979 General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to ensure that such a requirement is limited to emergency work required by circumstances endangering the existence or well-being of the population, or to minor communal services - i.e. primarily maintenance work - performed in the direct interest of the local community and not intended to benefit a wider group. Noting the Government's earlier indication that in practice the local government legislation was used only for communal works for the benefit of the community, resulting from decisions of the community, the Committee had requested the Government also to supply copies of relevant by-laws made under section 148 of the Act.

In its report for the period ending 15 October 1988, the Government indicated that departments administering the Local Government Act, 1982, have been consulted with a view to obtaining the required particulars. The Committee again expresses the hope that paragraph 103 of the first schedule to section 118(4) of the Local Government (District Authorities) Act, 1982 will be amended so as to remain within the limits of Article 2, paragraph (2)(d) and (e), of the Convention, and that the Government will indicate the action taken to this effect as well as communicate copies of the by-laws previously requested.

In this connection, the Committee also once again asks the Government to supply information on the mobilisation and utilisation 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 mobilised for these purposes, wages and other benefits paid to workers engaged in these projects, and the methods of mobilising such labour forces.

4. The Committee 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 be not only 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 notes 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 requests 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.

Zanzibar

The Committee noted that since the Government's report received in June 1986, no further information had been forwarded by the Government with regard to Zanzibar, as requested by the Committee in 1987 and 1988. The Committee once again requests the Government to supply information on the following points.

5. The Committee noted from the Government's report received in 1986 that Presidential Decree No. 5 of 1977 had been repealed and replaced by a similar Decree of 1979, which requires every citizen to be trained upon leaving school for one year at established centres; it noted furthermore the information concerning the kind of training which is provided at these centres, which are to equip youth with employable skills but not to use cheap labour to perform productive work. The Committee again requests the Government to supply a copy of the 1979 Decree referred to, and to clarify any relationship with the Jeshi la Kujenga Uchumi Decree, 1979 (No. 5 of 1979), a copy of which is available to the Committee.

6. The Committee has noted that the Jeshi la Kujenga Uchumi Decree, which repealed the Youth Camps Decree, No. 16 of 1971, has established a service known as Jeshi la Kujenga Uchumi (JKU), whose function shall 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; (d) defence of the nation (section 3). According to section 4, the members of the service shall be servicemen enlisted or persons seconded from the civil or military service of the United Republic, and under sections 5, 6 and 10, persons other than public officers or married women are liable to be called up under the menance of penal sanctions, to serve for an initial period of not less than three years for Form III leavers and one year for Form IV, V, VI leavers and post-secondary school-leavers; where, in the opinion of the chief of the JKU, any serviceman so enlisted has not, upon the completion of the period of three years or one year provided for, attained a standard normally expected, his service may be extended for such a period as the chief of the JKU may specify by order under his hand. The Committee again requests the Government to supply information also on the practical application of these provisions 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 and different regions within the country.

7. In its previous comments the Committee noted the Government's indication that efforts were being made to obtain texts requested, which were available only in Swahili. The Committee specifically asks that if translation of any Swahili text relevant to the requests of the Committee is not available before the next report is sent, that Swahili texts themselves be sent, with translation to follow when available.