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

The Committee notes the Government’s reply to its earlier comments.

Article 1(a), (b), (c) and (d) of the Convention. For a number of years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping Act, the Industrial Court Act and the Local Government (District Authorities) Act, under which penalties involving compulsory labour may be imposed in circumstances falling within the scope of the Convention. The Committee also asked the Government to provide information on the amendment or repeal of the provisions of various legal instruments, to which it referred in its comments under Convention No. 29, likewise ratified by the United Republic of Tanzania, and which are contrary to Article 1(b) of this Convention.

The Committee previously noted the Government’s indications in its 2001 and 2002 reports that the legislation referred to above had been identified by the Law Reform Commission as being among 40 legislative texts which are unconstitutional on the grounds that they are contrary to human rights and incompatible with forced labour Conventions. It also noted the Government’s indication that the Governments of the United Republic Tanzania and Denmark had signed an agreement concerning financing by DANIDA of a project entitled "A new approach on labour policy and legislative reform", which covered all labour laws and labour-related legislation in the United Republic of Tanzania, including those texts which had been identified and criticized for non-compliance with ratified Conventions. As regards the abovementioned Merchant Shipping Act, the Government indicated in its 2002 report that the International Maritime Organization (IMO) had prepared proposals for the amendment of the Act, which had been submitted to the Government.

In its latest report, the Government states that it has noted the Committee’s views and comments made on the provisions of the above laws which are incompatible with the Convention, and that the identified laws are being addressed by the Task Force of the current Tanzania Labour Policy and Legislation Reform, which will make appropriate recommendations to the Government.

The Committee trusts that the necessary action will be taken in the near future for the repeal of all provisions incompatible with the Convention, and that the Government will soon be able to report on progress made in this regard.

The Committee is again addressing a more detailed request on the above matters directly to the Government.