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
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