not conform to Government’s economic policy”. The Annual survey of violations of trade union rights (2011) by the International Trade Union Confederation revealed widespread breaches of freedom of association rights in the gold mines. Accordingly, the legal environment is not conducive to trade unions, especially in Zanzibar where all strikes are prohibited. 761. The absence of a registration timeline with respect to labour unions interferes with the freedom and right to unionise, since the lacuna in the law means that labour union registrations may essentially be denied through this open-ended process. This is aggravated by the fact that operating as a trade union prior to registration amounts to a criminal offence. General stakeholder sentiment was that trade unions in Tanzania were generally weak for two reasons: their leadership was frequently compromised by employers, through unofficial financial and non-financial “rewards”; and, active members were often intimidated with threats of dismissal. 762. The growth and development of trade unions has also been very slow. For instance, in agriculture, the sector that employs close to 90 per cent of the national labour force, only 5-8 per cent of the force is unionised. Fair wages 763. The CRM found that the question of fair wages is aggravated by the fact the minimum wages prescribed by the wage boards even when applied by companies (and this is not a guarantee) are not often livable wages. The productivity, competitiveness, and affordability arguments by the corporate sector against fair wages, amount to a justification of labour abuse. While corporate sector growth and its ability to create more jobs is important, it should not be at the expense of fundamental rights. In Arusha, the CRM found that in the tourism industry, almost all the senior management and technical positions are occupied by non-nationals, which in itself has propelled wage disparities between nationals and non-nationals. According to the Wage Indicator Foundation, which is conducting a thorough research on wage levels against man hours, Tanzanians work for many hours but are shockingly underpaid, contrary to ILO benchmarks123. Procedure for handling and settling Labour Disputes 764. The CRM notes that the CMA registered commendable successes to date. From 2007 to 2010, the CMA recorded a 73 per cent labour dispute resolution rate, having resolved 25,771 cases out of 35,281 referred to it124. In addition, Government has given CMA priority funding, for the roll-out of services nationwide. Occupational Safety 765. The CRM found that the Occupational Health and Safety Authority has regional offices but its enforcement capacity is weak. Its certification methods are also weak since many a time, the business owner has to call OSHA officials to visit his/her premises and get certified. Limited capacity leads to greater enforcement for industrial site certification than for other businesses. The absence of a policy in this area, as cited by the CSAR, cannot constitute a valid reason for poor implementation of the law since government policy in the area should be legally laid out. Corporate Social Responsibility (CSR) 766. The CRM established that corporate social responsibility has and continues to play a very important role in Tanzania’s social development. Stakeholder interactions notedcontributions from companies in the education, reafforestation, health and sports sectors. Unfortunately, the general impression is that corporate social responsibility activities are merely “a marketing gimmick” for companies who give back to the communities only a drop in the ocean compared to what they take out. In the absence of a CSR policy, companies are free to determine the nature and magnitude of CSR activities, not necessarily addressing the critical gaps in the 123 124 “Shock over poor pay for Tanzanian employees” The Citizen, Monday 5 March 2012 “Tanzania: Mediation, Arbitration Commission improves services”; http://allafrica.com/stories/201111110395.html 157