Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first report and requests the Government to provide additional information on the following points.

Mainland Tanzania

1. Article 1 of the Convention. Prohibition of discrimination. The Committee notes that the Employment and Labour Relations Act, 2004 (ELRA), has apparently not yet entered into force. The Committee notes that the ELRA will apply to public and private employees in mainland Tanzania, except for members of the peoples defence forces, the police force, the prisons service and the national service (Section 2(1)(i-iv)). The Committee notes with interest that section 7 of the ELRA provides protection against direct and indirect discrimination in employment policies or practices on all grounds set forth in Article 1(1)(a), and that it requires employers to promote equal employment opportunities. The Committee asks the Government to provide information on the practical application and enforcement of the ELRA’s provisions on non-discrimination and equal opportunities, including information on any cases involving the application of these provisions dealt with by the competent labour institutions, including the labour inspectorate and the labour court.

2. Additional grounds. The Committee notes that sections 7(4) and 8 of the ELRA refer to a number of prohibited grounds of discrimination other than those covered by Article 1(1)(a) of the Convention. These additional grounds include nationality, family responsibility, disability, HIV/AIDS, age, station of life and membership in either a trade union or employers’ association. The Committee asks the Government to indicate whether the Government considers these additional grounds to be covered under Article 1(1)(b) of the Convention.

3. Discrimination on the basis sex. Sexual harassment. Recalling its 2002 general observation on this issue, the Committee notes the 1998 amendments to the Sexual Offences Special Provisions Act, 1998, sections 148(D)(1) and 138(D)(3), penalizing sexual harassment, generally, and quid pro quo sexual harassment within the workplace. The Committee also notes that section 7(5) of the ELRA prohibits, but does not define sexual harassment. The Committee requests the Government to provide information on the implementation and enforcement of the above provisions in practice, including any relevant judicial or administrative decisions.

4. Article 1(2). Distinctions based on inherent job requirements. The Committee notes that section 13(3) of the National Employment Promotion Services Act, 1999, provides that "it shall be lawful for the Service to accord preference to citizens and in making such nominations the Service shall have regard to the educational qualifications, the background, the character and antecedents of the nominee and to the national economy, and accord preference accordingly". Noting that criteria such as background, character and antecedent may include the risk of discrimination on the basis of race, national extraction or social origin, the Committee asks the Government to provide further information regarding the practical application of these provisions.

5. Article 2. Measures to promote equality of opportunity and treatment. The Committee notes with interest that under section 7 of the ELRA employers are required to register plans to promote equal opportunity and to eliminate discrimination in the workplace with the Labour Commissioner and that affirmative action measures are permitted. The Committee asks the Government to indicate whether regulations concerning the registration of equal opportunity plans have been issued, as envisaged in section 98 of the ELRA, and to provide additional information on how this reporting requirement is implemented in practice. Please also provide indications on content, implementation, and impact of equal opportunity plans and on the use of affirmative action measures to promote equality in practice, irrespective of sex, race, colour, national extraction, social origin, religion or political opinion.

6. Gender equality. The Committee notes that, according to the National Employment Policy, women constitute 54 per cent of the labour force in mainland Tanzania. However, the Integrated Labour Force Survey of 2000-01 prepared by the National Bureau of Statistics revealed inequalities with regard to the position of women in the labour market. For instance, only 18.6 per cent of persons employed by parastatal organizations are women. In respect to employment status, women are underrepresented in the category of paid employment (29.3 per cent). In this context, the Committee notes that the United Nations Development Assistance Framework for Tanzania (2002-06) identified discrimination of women as reflected in stereotypical occupations with minimum qualifications as a key concern. The Committee requests the Government to keep it informed on the measures taken to strengthen the position of women in the formal and informal labour market. Please provide information on the measures taken to promote equal access of men and women to employment in the government, parastatal and private sectors, and to promote women’s equal access to income-generating activities in the informal economy; and updated statistical information concerning the position of men and women in the labour force.

7. Article 3(a). Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee also notes the Government’s indications that consultations with workers’ and employers’ organizations are taking place on matters of mutual concern, including the elimination of discrimination in employment and occupation. The Committee would appreciate receiving more detailed information on how the Government cooperates with employers’ and workers’ organizations, as well as other appropriate bodies, with a view to promoting equality in employment and occupation. Please indicate whether the Labour, Economic, and Social Council has taken any action to promote the application of the Convention.

8. Article 3(b). Educational programmes. The Committee also notes the Government’s indication that anti-discrimination education and information was being provided to workers. The Committee asks the Government to provide additional explanations on the type and extent of these programmes.

9. Article 3(e). Vocational guidance and training. The Committee notes from the Government’s report that admission to vocational training is open to both young men and women. Please provide further information on the rate of participation of men and women in the various areas of specialization, as well as measures taken to promote vocational and education training for all groups of the population irrespective of race, colour, national extraction, religion, political opinion or social origin.

10. Article 5. Measures of protection and assistance. The Committee notes that employers with more than 50 employees, and vocational training programmes are required to fill a 2 per cent quota for persons with disabilities under section 8 of the Disabled Persons Employment Regulations, 1985. The Committee invites the Government to continue to provide information on the efforts made to assist persons with disabilities to be trained and employed, including additional information regarding the implementation of the 2 per cent quotas for vocational training and employment vacancies.

Zanzibar

11. Article 1. Legislative developments. The Committee understands that Zanzibar has recently adopted the Employment Act, 2005. Please provide a copy of the new legislation with an indication of its entry into force.

12. Articles 2 and 3. The Government is requested to provide information on the measures taken to promote and ensure equality of opportunity in employment and occupation, irrespective of any of the grounds listed in Article 1(1)(a) in Zanzibar, information on cooperation with workers’ and employers’ organizations with a view to promoting equality, public awareness-raising efforts, vocational training, and the enforcement of relevant laws and regulations. The Committee also requests the Government to provide statistical information regarding the labour force in Zanzibar, disaggregated by sex and ethnicity.

Mainland Tanzania and Zanzibar

13. Article 3(d). Legislation and regulations relating to the application of the Convention in the public service. The Committee notes the Civil Service Act, 1989, which replaces the 1962 Civil Service Act, and that section 26(a) of the Act upholds regulations issued under the Civil Service Act of 1962 as valid until replaced by new regulations. The Committee further notes the Police Force and Prisons Service Commission Act of 1990 and the Teachers’ Service Commission Act of 1989. In order to undertake a more complete examination of the application of the Convention with respect to the public service, the Committee asks the Government: (i) to confirm in its next report whether the abovementioned legislation is still in force; (ii) whether it applies to civil servants in both mainland Tanzania and Zanzibar; and (iii) to provide copies of any regulations adopted by the Commissions established under the respective Acts relevant to the application of the Convention in the public service in mainland Tanzania and Zanzibar.

14. Article 4. Measures affecting persons justifiably suspected of, or engaged in, activities prejudicial to the security of the state. The Committee notes that the Government states that persons engaged in activities prejudicial to the security of the State may be investigated, tried and punished if found guilty, but does not define activities that may be deemed prejudicial to the State. The Committee requests the Government to indicate which activities are being considered as prejudicial to the security of the State.