Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government in its first and subsequent reports. It also notes with interest that, on 12 September 2001, the United Republic of Tanzania ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and that it is one of the first countries to participate in the Time-Bound Programme (TBP) on the worst forms of child labour.

Article 1 of the Convention. The Committee notes that, in consultation with the social partners and other stakeholders, a Child Labour Policy was approved by the Labour Advisory Board in February 2000 and submitted to higher decision-making bodies for approval. The Committee requests the Government to provide information on this Child Labour Policy and to provide a copy of it.

Article 2. 1. Scope of application of the Convention. The Committee notes that, under the terms of section 13 of the Employment Ordinance (Cap. 366), no person shall employ any employee and no employee shall be employed under any contract of service except in accordance with the provisions of this Ordinance. It also notes that by virtue of section 48(2) of the Employment Ordinance, a young person shall not be capable of entering into a contract except for employment in an occupation approved by an administrative officer or labour officer as not being injurious to the moral or physical development of non-adults. The Committee notes that, under the terms of these provisions, the Employment Ordinance does not apply to employment relationships not deriving from a contract, such as self-employment. The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment and work, whether or not there is a contract of employment and whether or not the work is remunerated. It therefore requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children exercising an economic activity on their own account.

2. Age of admission to employment or work. The Committee notes that under section 77(1) of the Employment Ordinance (Cap. 366), as amended by Act No. 5 of 1969, no child under the "prescribed age" shall be employed in any capacity whatsoever. Under the terms of subsection 3 of section 77, the term "prescribed age" means the apparent age of 12 years or such age between 12 years and 15 years as the minister may from time to time by order published in the Gazette declare to be the prescribed age. The Committee notes that section 89(1) of the Employment Ordinance provides that a child may be employed on a native vessel in which members of his/her family only are employed. Under section 2 of the Employment Ordinance, the term "child" means a person under the apparent age of 15 years. The Committee notes that by virtue of the above provisions, children under 15 years of age may be admitted to employment or work in any occupation. However, when ratifying the Convention, the United Republic of Tanzania specified 14 years as the minimum age for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. In its reports, the Government indicates that a reform of the labour legislation is being carried out and that it intends to amend the legislation respecting the minimum age for admission to employment, in order to bring it into conformity with the requirements of the Convention. The Committee hopes that the Government will take the necessary measures during this reform to ensure that effect is given to Article 2, paragraph 1, of the Convention by providing that no child under 14 years of age shall be admitted to employment or work in any occupation.

3. Compulsory school-leaving age. The Committee notes that under section 35(1) of the National Education Act, 1978 (No. 25), the compulsory school-leaving age is 13 years. It also notes the information provided by the Government in its report in 2003 according to which a reform of the current legislation is being carried out and the new Education Act will be in conformity with Article 2 of the Convention. The Committee recalls that the requirement set out in Article 2, paragraph 3, of the Convention is met where the minimum age for work, namely 14 years for Tanzania, is not less than the age of completion of compulsory schooling. Moreover, it considers it desirable for the age of completion of compulsory schooling to correspond to the minimum age for admission to employment or work, as indicated in Paragraph 4 of Recommendation No. 146, to avoid any period of enforced inactivity. In this context, the Committee hopes that the Government will indicate any new developments on this point.

Article 3. 1. Establishment of the minimum age for admission to hazardous work at 18 years. The Committee notes the information provided by the Government in its report to the effect that, following the ratification of Convention No. 182, new legislation will establish a higher minimum age for admission to hazardous work and will provide for deterrent action and punitive measures. The Committee requests the Government to provide information on any progress in this respect.

2. Determination of types of hazardous employment or work. The Committee notes that, by virtue of section 79(1) of the Employment Ordinance (Cap. 366), no child or young person shall be employed in any employment which is injurious to health, dangerous, or otherwise unsuitable. The Committee notes that this provision of the Ordinance is of general application and that the national legislation does not contain provisions determining the types of hazardous employment or work prohibited for children and young persons under 18 years. It reminds the Government that, under the terms of Article 3, paragraph 2, of the Convention, the types of hazardous employment or work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee considers that a general prohibition of hazardous work, without additional measures, is unlikely to have much practical effect. If the types of employment or work which are too hazardous for young persons to perform are not designated specifically, there is usually no way for a young person to be prohibited from performing a particular dangerous job (see the General Survey of the Committee of Experts of 1981, paragraph 225). The Committee requests the Government to take the necessary measures to include in the national legislation provisions determining types of hazardous work, in accordance with Article 3, paragraph 2, of the Convention, and to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 4. In its reports, the Government indicates that no formal exclusion of any limited category of employment or work has been made from the application of the Convention. It also indicates that consultations are planned with the social partners on this subject. The Committee notes that the Employment Ordinance (Cap. 366) does not apply to children engaged on a native vessel in which members of their family only are employed (section 89). The Committee reminds the Government that Article 4, paragraph 1, of the Convention allows the competent authority not to apply the Convention to limited categories of employment of work in respect of which special and substantial problems of application would arise. The Committee further recalls that under Article 4, paragraph 2, of the Convention, if a Member which ratifies the Convention decides not to apply it to certain categories of employment, it must give the reasons for such exclusion. The Committee therefore requests the Government to state whether it intends to exclude children engaged on a native vessel in which members of their family only are employed from the application of the Convention and, if so, to give the reasons.

Article 5. The Committee notes the information provided by the Government in its reports that consultations on the possibility of limiting the scope of application of the Convention are envisaged with the social partners and that it hopes that the ongoing reform of the labour legislation will make it possible to specify the types of work which may be performed by children for their socialization and the work which may be authorized in school. The Committee reminds the Government that under the terms of Article 5 of the Convention, the possibility of limiting the scope of application of the Convention in respect of certain branches of economic activity or types of enterprises must be specified in a declaration appended to its ratification of the Convention. However, the Government did not avail itself of this possibility when ratifying the Convention. As a consequence, it is no longer possible for it to avail itself of this flexibility clause.

Article 6. The Committee notes the information provided by the Government in its report to the effect that there are various training programmes in vocational schools and other training institutions. The Committee requests the Government to provide information on the conditions prescribed by the competent authority for any work done by children and authorized for the purposes set out in Article 6 of the Convention and to provide information on the consultations held on this subject with the organizations of employers and workers concerned.

Article 7. 1. Age of authorization of employment in light work. The Committee notes that under section 78(1) of the Employment Ordinance (Cap. 366), a child shall be employed only: (a) upon a daily wage and on a day-to-day basis; and (b) upon the terms that he/she returns each night to the place of residence of his parent or guardian. Under section 2 of the Employment Ordinance, the term "child" means a person under the apparent age of 15 years. In its reports, the Government indicates that the activities carried out under the conditions set out in section 78(1)(a) and (b) of the Employment Ordinance are light work, which are not done in industries. The Committee notes that a joint reading of these provisions shows that any child under 15 years of age may be admitted to employment or work. The Committee reminds the Government that under Article 7, paragraphs 1 and 4, of the Convention, national laws or regulations may permit the employment of persons from 12 to 14 years of age on light work which is not likely to be harmful to their health or development and not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It requests the Government to provide information on the measures adopted or envisaged to ensure that no person under 12 years of age is authorized to perform light work, in accordance with the requirements set out in Article 7, paragraph 1, of the Convention.

2. Determination of light work. The Committee notes that the Employment (Restriction of Employment of Children) Regulations, 1957, establish certain conditions for the employment of a child (section 2). Accordingly, the load to be carried is limited, no work is permitted between 6 o’clock in the evening and 6 o’clock in the morning, the number of working hours is limited to three consecutive hours and six hours a day in total and a child may not work during school hours. The Committee also notes that, according to a preliminary survey carried out by the Ministry of Labour on the economic activities of children, around 48 per cent of working children combine work and school. In its reports, the Government indicates that it hopes that the current reform of the labour legislation will clearly determine the types of work which allow the socialization of children and which may be authorized at school. The Committee requests the Government to provide information on the categories of employment (those allowing children to socialize and those which may be permitted at school) envisaged by the current reform of the labour legislation.

The Committee reminds the Government that Article 7, paragraphs 3 and 4, of the Convention authorize children to perform light work from the age of 12 years on condition that this work is not likely to be harmful to their health or development and is not such as to prejudice their attendance at school. It is the competent authority that determines the activities in which light employment or work may be permitted. The Committee requests the Government to provide information on the manner in which effect is given to the conditions set out in this provision of the Convention in respect of light work.

The Committee also notes that the Employment of Children (Exempted Occupations) Order of 1957, and sections 77 and 81(1) and (2) of the Employment Ordinance (Cap. 366), determine the activities which may be performed by children as from 12 years of age, namely: the planting, weeding and harvesting of crops other than those necessitating climbing trees; herding livestock; the outdoor spreading and sorting of fibre; pest control not involving the use of chemicals; and grading of seeds and tobacco leaves not involving the use of machinery. The Committee requests the Government to indicate the manner in which it is ensured that this work is not likely to be harmful to the health or development of children and that it is not such as to prejudice their attendance at school or their capacity to benefit from the instruction received.

Article 8. In its reports, the Government indicates that participation in activities such as artistic performances is regulated by the Film Censorship and Stage Plays Act of 1976. It adds that regulations are currently being formulated by the Ministry of Education and Culture respecting the participation of children in activities such as artistic performances. These regulations should specify, among other matters, the categories of permissible artistic work, conditions, remuneration of children and penalties for breaches. The Committee would be grateful if the Government would provide a copy of the Film Censorship and Stage Plays Act of 1976, and of the above regulations when they have been adopted.

In this respect, the Committee reminds the Government that under the terms of Article 8 of the Convention, participation in activities such as artistic performances may be authorized by the competent authority in individual cases, after consultation with the organizations of employers and workers concerned, where such exist. The permits granted in such cases shall limit the number of hours during which, and prescribe the conditions in which employment or work is allowed. The Committee requests the Government to provide information concerning the procedure for issuing permits and the conditions to which they are subject. It also requests the Government to provide information on the consultations held on this subject with the organizations of employers and workers concerned.

Article 9. The Committee requests the Government to indicate whether the national legislation contains provisions providing for appropriate penalties to ensure the enforcement of the provisions of the Employment Ordinance (Cap. 366) respecting work by children and young persons (Part VII of the Ordinance), in accordance with Article 9, paragraph 1, of the Convention and, if so, to provide copies thereof. It also requests the Government to indicate whether the national legislation provides that registers or other documents shall be kept and made available by the employer and shall contain the names and ages or dates of birth, duly certified wherever possible, of persons whom they employ or who work for them and who are less than 18 years of age, in accordance with Article 9, paragraph 3, of the Convention.

Part V of the report form. The Committee notes the preliminary report of the survey of children’s economic activities published by the Ministry of Labour in 2001. According to this survey, child labour is increasing in certain sectors, particularly in mining, manufacturing, construction, transport, the repair of motor vehicles and the informal sector. The Committee requests the Government to provide a copy of the final survey on children’s economic activities. It also requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistics on the employment of children and young persons, extracts of the reports of the inspection services and information on the number and nature of the violations reported.

The Committee notes that the Government has not provided information on Tanganyika and Zanzibar. It requests it to provide information on child labour in these provinces and to indicate the applicable legislation.

The Committee hopes that the reform of the labour legislation will take into account the points raised above. In this respect, it reminds the Government of the possibility of having recourse to the technical assistance of the Office for this purpose.