Enforcement of Rights
724.
The CSAR admits the scarcity of information on corporate prosecutions over violations of employee rights.
However, it points to a 2010 report by CHRAGG that surveyed 5 companies110, in which it concluded that
companies respected human rights.
725.
The CSAR reveals that Government is in the process of revising the Child Development Policy of 1996 in order to
better address the protection of children from the worst forms of child labour and HIV/AIDS. It quotes the ILO-IPEC
2000/2001 Integrated Labour Force and Child Labour Survey as evidence of poor implementation of child labour
prohibitions. To remedy this, Government responded by implementing ILO Time-Bound Programs to strengthen
the frameworks for monitoring and checking this vice. In addition, Government included child labour indicators in
its Medium-Term Growth and Poverty Reduction Strategy of 2010 – 2015, with a commitment to reducing child
labour from the current level of 25 per cent to 10 per cent, by 2015.
Table 5.4: Summary of ILO-IPEC Integrated Labour Force and Child Labour Survey 2000/2001
Item
Quantum
Children aged between 5 and 9 who are economically active
1,271,813
Children aged between 10 and 14 who are economically active
2,204,687
Children involved in the worst forms of child labour
1,200,000
Per centage of children between 5 and 9 attending school
26 %
Per centage of children between 10 and 14 attending school
56 %
Source: ILO – IPEC.
726.
Sections 7 and 8 of the Employment and Labour Relations Act, 2004 (ELRA) make provision for prohibition
against discrimination on the grounds of colour, nationality, tribe, place of origin, race, national extraction, social
origin, political opinion, religious opinion, sex, gender, pregnancy, marital status or family responsibility, disability,
HIV/AIDS, age, or station of life. Every employer is mandated to promote equal opportunity in employment and
to strive to eliminate discrimination in any employment policy or practice. Further, every employer is obliged to
register a plan to promote equal opportunity and to eliminate discrimination in the work place with the Labour
Commission. In addition, the Labour Commissioner is empowered to require an employer to develop a plan and
to register it with the Commissioner. However, the CSAR admits the poor implementation of Convention 100 and
cites public knowledge of institutionalised HIV/AIDS discrimination, particularly in the health and private security
sectors.
727.
Freedom of association is reserved under Section 9 of ELRA and every employee enjoys the freedom to form and
join a trade union, and participate in the lawful activities of the trade union. However, there are three exceptions
arising from the need to check potential conflict of interest: (i) a magistrate may only form or join a trade union
that restricts its membership to judicial officers; (ii) a prosecutor may only form or join a trade union that restricts
its membership to prosecutors or other court officials; and, (iii) a senior management employee may not belong
to a trade union that represents non-senior management employees of the employer. In addition, the law protects
employees from discrimination on the grounds that the employee exercises or has exercised any right under
this Act or any other written law administered by the Minister; belongs to or has belonged to a trade union; or
participates or has participated in the lawful activities of a trade union.
728.
Similarly, under section 10 of ELRA, every employer enjoys the freedom to form and join an employer’s association
and to participate in the lawful activities of an employers’ association. Discrimination against an employer on
the grounds that the employer exercises or has exercised a right under the Act; belongs or has belonged to an
employees Association; or participates or has participated in the lawful activities of an employers’ association
is prohibited.
110
Vodacom Tanzania, Twiga Bankcorp, NMB Bank, Urafiki Textiles and TANESCO
150
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents