Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - République-Unie de Tanzanie (Ratification: 1998)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy designed to ensure effective abolition of child labour. The Committee had previously noted that the Ministry of Community Development, Gender and Children was in the process of reviewing the Child Development Policy to incorporate concerns on child labour and its worst forms. The Committee notes the information available in the ILO–IPEC report of 2010 on the project entitled “Support for the Time-bound Programme on the Worst Forms of Child Labour-Phase II” (ILO–TBP report of 2010), that the National Child Development Policy (NCDP) was approved by the Cabinet and is being disseminated. The Committee notes the Government’s information that the NCDP emphasizes the need to eliminate child labour and calls upon different actors to play a significant role in this regard. The Committee notes the information provided by the Government in its report under Convention No. 182 that the Government has signed a Memorandum of Understanding with the Government of Brazil with the technical support of the ILO to undertake a project in supporting the implementation of the National Action Plan for the Elimination of Child Labour. The Committee requests the Government to provide information on the impact of the NCDP on the abolition of child labour. It also requests the Government to provide information on the implementation of the National Action Plan for the Elimination of Child Labour, and the results achieved.

Article 3(2). Determination of types of hazardous work. The Committee had previously noted the Government’s statement that the process of making rules and regulations to the Employment and Labour Relations Act was under way. The Committee notes the Government’s indication in its report that the Ministry of Labour and Employment has consulted with the stakeholders on the proposed regulation on the list of hazardous types of work in July 2011. This proposed regulation will be submitted to the Labour, Economic and Social Council for comments and finally to the Attorney General before it is finalized. The Committee expresses the firm hope that the Government will take the necessary measures, without delay, to adopt the regulation determining the list of types of hazardous work prohibited to children under 18 years of age. It requests the Government to provide a copy of the regulation, once it has been adopted.

Article 7(1). Minimum age for admission to light work. The Committee had previously noted that according to section 5(2) of the Employment and Labour Relations Act, 2004, a child of 14 years of age and above may only be employed to do light work which is not likely to be harmful to the child’s health and development, and does not prejudice the child’s attendance at school, participation in vocational orientation or training programmes approved by the competent authority or the child’s capacity to benefit from the instruction received. The Committee also notes that according to section 77(1) of the Law of the Child Act No. 21 of 2009, the minimum age for light work is 14 years. The Committee notes, however, that according to the Integrated Labour Force Survey of 2005, more than 34 per cent of children between 12 and 14 years are economically active. In this regard, the Committee reminds the Government that according to Article 7(1) and (4) of the Convention the national laws or regulations may permit persons from the age of 12 to engage in 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. Accordingly, the Committee requests the Government to envisage the possibility of adopting provisions to regulate light work performed by children of 12 to 14 years.

Article 7(3). Determination of light work. The Committee notes that, according to section 8(3) of the draft Law of the Child (Child Labour) Regulations (draft Child Labour Regulations), in determining what constitutes light work, the employer shall take into account any hazards that are present on the premises or outside the premises when the child is involved in any form of delivery or work off the premises. Furthermore, section 8(4) of the draft Child Labour Regulations stipulates that light work shall not include the following: (a) work in any premises licensed or not licensed to sell intoxicating liquor, betting or gaming; (b) any work in which a child between the ages of 14 and 16 is required to carry loads of more than ten kgs; (c) work in any environment that increases risk to health and safety including places with dust or fumes, dangerous chemicals, excessive noise, vibrations, heat, bending, standing, or sitting down, places that are excessively wet or filled with water, work with sharp instruments, heavy machinery, carrying heavy loads on the back, head or shoulders, use of fire or exposed to flames; and (d) work that exposes the child to moral or psychological hazards including selling of pornographic materials, or any work that exposes a child to physical or sexual violence and abuse or activities, circumstances, words or any act that exposes a child to immorality or immoral behaviour. The Committee further notes that as per section 4(1) of the draft Child Labour Regulations a child shall not be employed during school hours, for more than two hours on a school day, for more than 16 hours a week, for work at night or, for more than 36 hours per week during school holidays. Moreover, section 9 lay down the provisions for rest and break periods during work for children of 14 years of age and prohibits overtime work. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the draft Child Labour Regulations will be adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 8. Artistic performances. The Committee had previously noted that the Ministry of Education and Culture was in the process of formulating regulations respecting the participation of children in activities such as artistic performances, which also specifies the categories of permissible artistic work, conditions, and penalties for breaches. The Committee notes the Government’s information that the NCDP recognizes the right of children to participate in artistic performances and sports activities. However, The Committee requests the Government to indicate the provisions which provide for permits to be granted to children participating in cultural artistic performances and which limit the number of hours during which and prescribe the conditions under which such work may be permitted, in accordance with Article 8 of the Convention.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that the Ministry of Labour and Employment is working with the ILO on a project for improving labour law compliance, to strengthen labour inspection and to review labour inspection forms so as to improve the collection and compilation of child labour data. The Committee further notes the Government’s indication that the Ministry of Labour and Employment is also working with the Office of the Director of Prosecutions on delegating the labour officers with powers to prosecute cases of labour law contraventions. The Committee further notes that, according to the ILO–TBP report of 2010, a review of the situation of enforcement of child labour legislation in selected districts was undertaken in April 2009 which indicated that child labour is widely recognized and acknowledged as a problem and that there is a broad public support for its elimination. According to the ILO–TBP report of 2010, child labour is primarily confined to rural village settings where it is closely linked to school enrolment and drop-outs. The Committee requests the Government to provide information on the measures taken to strengthen the capacity of the labour inspection services so as to better monitor child labour, especially in the informal sector. It also requests the Government to provide data on child labour collected by the labour inspectors through the revised labour inspection forms, as well as information on the number and nature of violations detected with regard to child labour.