Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes with satisfaction the adoption of the Merchant Shipping Act, 2003 (No. 21), which has repealed the Merchant Shipping Act of 1967, which contained provisions punishing various breaches of discipline by seafarers with imprisonment (involving an obligation to perform labour), even in circumstances where the ship or the life or health of persons were not endangered, as well as provisions, under which deserting seafarers could be forcibly returned on board ship to perform their duties.

Article 1(a) and (b) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views and for failure to engage in socially useful work. For many years, the Committee has been referring to certain provisions of the Penal Code, the Newspaper 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 repeated statements in its reports that the Committee’s views and comments made on the provisions of the above laws 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. The Committee notes the Government’s indication in its latest report that the Law Reform Commission is currently carrying out legal research on laws that need amendments or repeal to reflect the current economic, social and political arrangements, including laws which are not compatible with the Convention, with a view to making appropriate recommendations to the Minister responsible for Justice and Constitutional Affairs.

While noting these indications, the Committee trusts that the necessary action will at last be taken in order to repeal or amend all provisions incompatible with the Convention, and that the Government will soon be able to report the progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.