Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes with satisfaction that the Employment and Labour Relations Act, 2004 (No. 6), has repealed the Industrial Court of Tanzania Act (No. 41 of 1967), which contained provisions prohibiting strikes contrary to the procedure under the Act, enforceable with penalties of imprisonment (involving an obligation to perform labour).

Article 1(a), (b) and (c) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views, for failure to engage in socially useful work and for various breaches of labour discipline. For many years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper Act, the Merchant Shipping 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 Tanzania, and which are contrary to Article 1(b) of this Convention.

The Committee noted the Government’s statements in its 2003 and 2004 reports that the Committee’s views and comments made on the provisions of the above laws which are incompatible with the Convention had been duly taken into account, and that the identified laws had been addressed by the Task Force of the Labour Law Reform with a view to making appropriate recommendations to the Government. 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.

The Committee reiterates firm hope that the necessary action will be taken in the near future in order to repeal 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.