Occupation, and existing domestic laws, Government is yet to address wage discrimination and disparities in private and public sector job values. Similarly, HIV/AIDS-related discrimination remains institutionalised in both the public and private workplaces despite the provisions of the 2008 HIV/AIDS (Prevention and Control) Act and the 2007 Employment and Labour Relations (Code of Good Practice) Rules.27 256. The 1982 Local Government (District Authorities) Act allows Government to compel individuals and groups to forcibly work for economic development. A number of laws such as the Penal Code, the Newspaper Act, the 1969 Resettlement of Offenders Act, the 1969 Ward Development Commits Act, and the 1982 Local Government Finances Act, also allow forced or compulsory labour as punishment for several offences, including expressing political views and failing to engage in socially useful work.28 257. The CRM notes that the law on disability provides that PWDs should at least apply to public and private organisations for employment. Companies employing 50 workers or more are required to ensure that 2 per cent of the work force is made up of PWDs. However, the CRM observes that this legislation is not properly enforced, making it challenging for PWDs to improve their lives by receiving a sustainable income from a job. While the CRM was not able to establish the current employment status of PWDs, in 2011 a local recruitment firm carried out a survey in 126 companies which revealed that only 186 PWDs were employed out of 25,000.29 258. The CRM further noted the difficulty in establishing unemployment rates. According to the last Integrated Labour Force Survey in 2006, the rate was 11.2 per cent, while the National Bureau of Statistics estimates indicated 13.4 per cent. Yet, the CRM learnt30 that unemployment rates in Tanzania are very high and rising continuously: millions of people in the country, especially the youth and women in cities, are out of work and disparities persist in unemployment between men and women. The Ministry of Labor, Employment and Youth attributes this to dwindling job opportunities and the mismatch between skills imparted by the national education system and those in demand in the work place. This calls for more of an emphasis on career-driven alternatives.31 259. The CRM also observed that the rights of workers in the informal sector, employing the majority of workers in Tanzania, are not protected. Public sector workers are better protected for they are given a minimum wage and social security benefits. In general, the CRM learnt that workers work over-time under the threat of dismissal, employers fail to meet the minimum wage required by the Regulation of Wages and Terms of Employment Order of 2010, and workers are fired unreasonably without the due process of law. 260. Vulnerable groups, such as women and children, face tremendous employment difficulties. The proportion of women in wage employment is still low, with women constituting only 30 per cent of paid employees in Tanzania. Disparities in the workplace mean that women are generally paid less for the same work and have less secure employment than men32, while their contribution to labour, especially in domestic and care work, and agriculture, remains invisible. 261. In interactions with stakeholders, the CRM was informed of increasing instances of women and children subjected to trafficking - both in and outside of Tanzania - for forced labour.33 Commendably, the CRM learnt that since 2005, Government and development agencies have embarked on serious measure to counter human trafficking in an effort to provide restorative justice to victims and to monitor progress and trends for action. 262. The CRM notes that, unlike their counterparts employed in private sector, government workers and professionals are privileged by law and protected in their right to form a trade union and go on strike. Poor remuneration in these challenging financial and economic times have resulted in national strikes for increased pay, such as the two recent strikes by medical doctors in February and March 2012, respectively. This brought public services to Submission from the UN Country Team, 12th Universal Periodic Review Session, 2011 p. 7 Submission from the UN Country Team, p.9 29 “Government told to enforce law on Disability”, the Guardian, p. 5, 5 March 2012. 30 Annual Report of the Legal and Human Rights Centre, 2010 p.149 31 “The Struggle to Survive in a Frail Labour Market”, the Citizen, p. 17, 6 March 2012. 32 UN MDGs Report of 2010, p.22. 33 About 89 per cent of internal trafficking victims are under 18 years, 75 per cent are female children exploited as housemaids and in prostitution. Similarly, 80 per cent of vulnerable children are forced to work more than 12 hours a day each week in households and as manual labour in mining areas. (LHRC Annual Report 2010, p. 175). 27 28 69