Kulikuwa na Umuhimu wa Kuwafutia usajili au Kuwafukuza kazi tu ilikuwa inatosha?
Mytake: Ni vizuri maamuzi yasiambatane na Hisia wala hasira.
Very well said. Hebu jisomee hapa chini:
The right to work has two aspects. First, the right to work may entail a
right against the state to maintain employment policies and promote
vocational training, `so that the unemployed can find suitable employ-
ment'.2 According to Rudolph, seen in this sense, the right to work `is a
guarantee of employment but not to any particular job'. It is therefore a
political goal or `programme right'.3 Secondly, there is the broad sense
regarding the right to work that represents a right of a worker against a
possible employer to be employed, and `to job security'.4
So, from the foregoing, the right to work does not require a `non-
welfare state,' such as Tanzania, to provide jobs as a direct employer (ie
the second sense).5 In this situation, `there is freedom to work or not to
work. You may even have a right to work, as we have in our Constitu-
tion, but no one has an obligation to give you work.'6 So, in countries
such as Tanzania, the right to work is not taken as absolute in practice,
even if there is a constitutional guarantee declaring it to be absolute.
For instance, in Timothi Kaare v Mara Co-operative Union,7 the Court of
Appeal of Tanzania held that the right to work `by its very nature cannot
be absolute'.
However, for `non-welfare states' it is easier to resort to the first sense
of the right by merely declaring that it is the right of every citizen to
have a job, but not to a particular job, as Rudolph points out. This kind
of declaratory right does not demand the state to have positive
obligation to provide jobs to citizens, rather it just allows a person
access to a job.
Going by the wording of the right to work and the right to earn just
remuneration in articles 22 and 23 of the Constitution of the United
Republic of Tanzania, it is apparent that the said provisions do not
impose an express positive duty on the state to fulfil them.
Articles 22
and 23 on the right to work and earn equal remuneration provide that:
22 (1) Every person has the right to work.8
(2) Every citizen is entitled to equal opportunity and right on equal terms
to hold any office or discharge any function under the state authority.
23 (1) Every person, without discrimination of any kind, is entitled to remu-
neration commensurate with his work, and all persons working
according to their ability shall be remunerated according to the mea-
sures and nature of the work done.
(2) Every person who works is entitled to just remuneration.
In effect, article 22 of the Constitution of Tanzania `is framed in [a way
allowing it] to operate vis-aÁ-vis the citizenry inter se. The executive faces
little or no danger at all in its exercise.'9 Similarly, article 23, which
guarantees the right to fair remuneration, `does not, in its exercise,
impinge adversely on the privileged status of the executive in the hier-
archy of governance'.10
In contrast, the International Covenant on Economic, Social and Cul-
tural Rights (CESCR) imposes several positive obligations on the part of
the state in relation to the right to work. They include the obligation by
the state party thereto to `take appropriate steps to safeguard' the right
to work, which `includes the right of everyone to the opportunity to
gain his living by work which he freely chooses or accepts'.11 The state
party is also obliged to take steps in order to achieve the full realisation
of this right, including providing `technical and vocational guidance
and training programmes, policies and techniques to achieve steady
economic, social and cultural development and full and productive
employment under conditions safeguarding fundamental political and
economic freedoms to the individual'.12 Under article 7, CESCR obliges
states to recognise the right of everyone to the enjoyment of just and
favourable conditions of work which......
Source- Read more on:
http://www.chr.up.ac.za/test/images/files/publications/ahrlj/ahrlj_vol07_no2_2007.pdf (Page 203)