rights, if they are to be implemented to any effect. Ultimately, as put by a distinguished and leading Tanzanian
entrepreneur118, the question of child labour is a question of poverty and can only be resolved when poverty is
alleviated.
Forced labour
755.
In view of the sensitive nature of this issue, the CRM could not obtain a lot of information on forced labour
from stakeholder interactions. However, on one occasion, during discussions with non-state stakeholders in
the Arusha region, it emerged that there was a tourism sector company in the region that operated in a very
secretive and oppressive manner towards its employees. Its workers had little interaction with the outside world
and were forced to work in dismal conditions for very long hours, well into the night. They were not given annual
leave. Her attempts to investigate and cover the story more deeply were fiercely blocked as she was locked out
of the factory.
756.
According to the US Department Report on trafficking of persons119, Tanzania is both a source and a destination
for women and men trafficked for forced labour from the rural areas to the urban centers and Zanzibar, to work
on commercial farms, mines, and the tourism industry. The CRM views this matter as one of serious concern
requiring active consideration by the authorities.
Discrimination
757.
The Draft National Human Rights Action Plan of March 2012 concedes that discriminatory labour practices
remain a challenge in Tanzania. Privatisation and high unemployment rates were quoted as reasons for
weakening conditions and welfare of workers. Tanzanians are still subjected to sub-standard working conditions,
including long working hours, compulsory night shifts, poor remuneration, forced overtime, and denial of access
to trade unions. The Action Plan also echoes the CSAR by stating that persons living with HIV/AIDS are frequently
discriminated against and their services often terminated on discovery of their status. Many employers are also
guilty of Illegally testing their employees for HIV/AIDS.
758.
In Zanzibar, the Tanzania Human Rights Report of 2010120 reveals that despite Article 23 of the Zanzibar
Constitution121 and the provisions of the Employment Act 2005, women in Zanzibar have limited access to
employment opportunities in the formal sector. In this sector, female employees comprise a paltry 36.4 per cent
of the total workforce and only 8.64 per cent of these are in supervisory or technical positions.
759.
In the Tanzania National Human Rights Action Plan122, the Tanzanian Government commits to:
i.
Strengthening mechanisms to protect employees and ensure an adequate working environment, including
increasing the frequency of labour inspections;
ii. Incorporating self-employment skills into educational curricula;
iii. Revising salary scales and indicators to reflect current market indices;
iv. Establishing and strengthening small-scale entrepreneurship groups for youth; and,
v.
Raising awareness of labour rights among employees and employers.
Freedom of association and right to unionise
760.
The CRM found that regardless of the constitutional guarantees and new laws governing trade unions, many
restrictions still apply. Government still maintains a lot of control over trade union activities and unions are
generally weak. An illustration of undue Government control is the requirement for all collective agreements to be
approved by the Industrial Court and the Court’s discretion to deny approval if it finds that the agreement “does
Mr. Reginald Mengi, Chairman IPP Group
US Department Trafficking in Persons Report of June 2009
Tanzania Human Rights Report 2010, Zanzibar Legal Services Centre and the Legal and Human Rights Centre
121
Article 23 sub article 3and 4 of the Zanzibar Constitution 1984 provide for non discrimination in the labour market and equal pay for similar work.
122
Tanzania’ s National Human Rights Action Plan of March 2012: Ministry of Constitutional and Legal Affairs.
118
119
120
156
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