Objective Two: Ensuring that Corporations act as Good Corporate Citizens with regard to Human Rights, Social Responsibility and Environmental Sustainability l. Summary of the CSAR Observance of employee rights 719. Tanzania’s primary labour laws are the Employment and Labour Act (ELRA) of 2004 and the 2004 Labour Institutions Act. Among other objectives, ELRA seeks to provide the legal framework for effective and fair employment relations, minimum labour standards regarding conditions of work, and to give effect to the provisions of the Constitution of the United Republic of Tanzania of 1977, in so far as they apply to employment, labour relations, and conditions of work. 720. The CSAR admits that a growing number of corporation observe “the very minimum” legal requirements with respect to human rights and environmental concerns. This is problematic, in practice. Yet, provisions of the Constitution of the United Republic of Tanzania (Articles 12-24) and the Constitution of Zanzibar (Part III) provide for rights pertaining to employment and the provision of labour. This is also despite Tanzania’s adoption of the UN Global Compact and the ratification and localisation of international human rights instruments, the African Charter on Human and Peoples Rights108 the African Charter on Rights and Welfare of the Child109 and the 8 core ILO Conventions. As the report put it “Corporations still behave in aberrant ways.” 721. The CSAR states that the rights enshrined in the international instruments referred to above were made to fit local conditions and are implemented by CHRAGG. As noted elsewhere in this report, this Commission is established under Article 129(1) of the 1977 Constitution, as amended by Act 3 of 2000 and the Commission the Human Rights and Good Governance Act No. 7 of 2001. Nevetheless, despite having been established as an autonomous body to promote and protect human rights and good governance, CHRAGG independence has, as noted in Chapter Three, been questioned since its commissioners are presidential appointees. 722. The CSAR reveals that ensuing compliance with the ILO conventions rests with the Labour Inspectorate Department. It does this through local legislation as well as the promotion of good labour practices. Specifically the ELRA has espoused the following labour rights: a) The prohibition of child labour; b) The prohibition of forced labour; c) The prohibition of discrimination; d) The right of association; e) The right to free collective bargaining; f) The right to equal remuneration and severance pay; g) Rights to information; h) Right to strike; 723. 108 109 i) Right to annual leave; and, j) Right to sick leave, maternity leave and paternity leave. In addition, local legislation makes provision for conditions of work, including hours of work, training, termination of employment, occupational safety, health, social security, and conditions applying to special categories of employees. Ratified by Tanzania in 1984 Ratified by Tanzania in 2003. 149