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"serikali ya jk haipo makini na mikataba ya ilo!!?"

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ngoshwe, Apr 4, 2012.

  1. ngoshwe

    ngoshwe JF-Expert Member

    Apr 4, 2012
    Joined: Mar 31, 2009
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    Haya hapo chini yalitazamwa mwaka 2009 na Kamati ya ILO kwa upande wa Tanzania kushindwa kuzingatia Mkataba wa ILO kuhusu kukomesha ajira za lazima (Forced labour):

    Hata hivyo, pamoja na hatua zinazodaiwa kuchukuliwa na Serikali, bado hali ni mbaya kwa Tanzania hasa katika sekta ya majumbani (ajira za wafanyakazi wa ndani imekuwa sasa ni zaidi ya Utumwa, mabinti na vijana wanaajiriwa bila mikataba ya ajira, wanatolewa majumbani kwao mbali wanaishi na mtu wasiemfahamu kwa muda mrefu, hawapewi likizo, hawapewi mishahara au wanalipwa viwango chini ya kima cha chini cha Serikali....wengi wao wanasafirishwa kwa mazingira ambayo pengine wale wanaowasafirisha wangeweza hata kuchulikiwa hatua kwa kujihusha na Biashara ya Binadamu (Human Trafficking).

    Pia kumekuwa na ubaguzi wa wazi katika ajira za aina fulani kwenye sekta mbalimbali hapa nchini. Serikali inapaswa kuchukua hatua mahsusi kurekebisha na sio kutoa taarifa zisizo sahihi.


    United Republic of Tanzania

    Abolition of Forced Labour Convention, 1957 (No. 105) (ratification: 1962)

    The Committee notes that the Government’s report has not been received. It must therefore repeat its previous
    observation which read as follows:

    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 the United Republic of 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 above mentioned 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. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.


    Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
    (ratification: 2002)

    Articles 1 and 2 of the Convention. Practical application. The Committee notes the adoption of the Employment
    and Labour Relations (Code of Good Practice) Rules, 2007, made under section 99(1) of the Employment and Labour
    Relations Act, 2004. It notes with interest that Part III of the Rules contains detailed provisions on the elimination of
    discrimination at the workplace. The rules set out definitions of direct and indirect discrimination, and elaborate on the
    employers’ obligation to develop, publish at the workplace and implement a plan to prevent discrimination and to promote equal opportunity in employment. These plans have to be developed in consultation with trade unions and should, if possible, be included in a collective agreement. The Rules further state that collective agreements shall not contain provisions which discriminate against employees on any of the prohibited grounds. Further, specific guidance concerning equal opportunity and treatment in advertising, selection, training, and performance reviews is provided. The Committee notes the Government’s indication that it is carrying out sensitization activities to raise knowledge among workers and employers of the new labour legislation and that the process of developing equality plans was ongoing. The Committee requests the Government to provide information on the measures taken to promote and ensure the implementation of the equality provisions of the Employment and Labour Relations Act, 2004. In this regard, please provide information on the number of equality plans that have been registered with the Labour Commissioner and indicate whether any administrative or judicial decisions have been issued concerning the Act’s equality provisions. Public service. The Committee notes with interest the detailed information provided by the Government on the application of the Convention in the public service.

    The Public Service Management and Employment Policy provides
    that selection and recruitment must not involve overt or unintended discrimination against women, persons with disabilities and other vulnerable groups. Job advertisements specify that women are encouraged to apply. The Public Service Regulation 2003 provides that, where a man and a woman are equally competent, preference as regards selection should be given to the woman (section 4(12)). The Government also stated that in 2007 the President’s Office was undertaking a review of public service rules and regulations governing affirmative action, discrimination and diversity.

    The creation of gender focal points in all ministries and government agencies is envisaged and short-term and
    postgraduate training has been provided to women public servants. The Committee also notes the information concerning measures taken with regard to developing guidelines to manage public servants with disabilities and guidelines on HIV/AIDS at the workplace. The Committee requests the Government to continue to provide detailed information on the measures taken to promote and ensure equality of opportunity and treatment in the public service, including information on the results achieved by such action. In this regard, please provide updated statistical information on the number of women and men employed at the different levels of the public service.
    The Committee is raising other points in a request addressed directly to the Government.


    United Republic of Tanzania
    Tripartite Consultation (International Labour Standards) Convention, 1976
    (No. 144) (ratification: 1983)

    The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2006
    observation, which read as follows:

    Establishment of the Labour, Economic and Social Council. The Committee notes the Government’s report for the period ending September 2006. The Committee notes that the Labour Advisory Council has been replaced by a new tripartite institution, the Labour, Economic and Social Council (LESCO), established under Act No. 7 of 2004 on labour institutions. The Government indicates that this Council began operating on 7 September 2005. The Committee asks the Government to specify in its nextreport the procedures introduced to ensure effective tripartite consultations (Article 2 of the Convention), and the manner in which the members of the Council are chosen (Article 3).
    Tripartite consultations required by the Convention.

    The Committee notes the Government’s statement to the effect that two sessions of tripartite consultation have taken place within the LESCO. The Committee once again asks the Government to provide detailed information on the content of the consultations that have taken place within the LESCO with regard to each of the matters set out in Article 5, paragraph 1, of the Convention, and on the recommendations resulting therefrom. Administrative support and training. The Committee notes the Government’s statement to the effect that participants in tripartite consultations have received training in mediation and arbitration. The Committee invites the Government to continue providing updated information on this matter and to indicate the manner in which the necessary administrative support is provided for tripartite consultations, as required under Article 4.

    United Republic of Tanzania
    Paid Educational Leave Convention, 1974 (No. 140) (ratification: 1983)
    The Committee notes that the Government’s report has not been received. It must therefore repeat its 2004
    observation, which read as follows:
    1. Granting of paid educational leave to all workers. The Committee notes that, in its brief reply to the direct request sent in 2003, the Government indicates that, in respect of the costs concerning general, social and civic education, including trade union education, employees suffer no deductions from their salaries. The Committee would appreciate receiving further information on the measures that have been taken, within the framework of a national policy on paid educational leave for workers in all sectors of the economy, to contribute, in association with employers’ and workers’ organizations and institutions, to the achievement of the objectives set out in Article 3 of the Convention, and that have been coordinated with the general policies enumerated in Article 4 of the Convention.

    2. Discrimination. The Committee also notes that its policy statement that whenever opportunity for training occurs,
    applications are invited through published notices in local news media and without regard to race, colour, sex, religion, political opinion, national extraction or social origin. The Committee recalls that, in its previous comments, it requested the Government to confirm whether paragraph 1.2 of section I of the Parastatal Service Regulations, First Edition, 1984, governing the terms and conditions applicable to attendance at in-service courses or higher education in East Africa, which require recommendation by the party, is still in force. The Committee again asks the Government to provide a copy of the text that has replaced or revoked the 1984 Parastatal Service Regulations. Please describe the measures taken to ensure that workers have equal access to paid educational leave irrespective of race, colour, sex, religion, political opinion, national extraction or social origin (Article 8).

    3. Practical application. Please include in the next report a general appreciation of the manner in which the Convention is applied in practice, including, if available, the number of workers granted paid educational leave (Part V of the report form).

    Soma zaidi hapa: