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

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