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Saturday, July 2, 2011

THIEF KILLED IN UDSM-VIOLATION OF HUMAN RIGHTS

LEFT NAKED,CLOTHS TORNED

FEW MOMENTS BEFORE BEEN KILLED BEGGING FOR MERCY

WHY SHOULD WE DO THIS??
SUSPECTED THIEF BEING DRAG BY ANGRY STUDENTS AFTER BEEN TORTURED

BLEEDING AFTER BEEN BEATEN BY A MOB OF STUDENTS


A WHITE WOMAN TRYING TO DEFEND THE KILLED GUY BUT SHE COULDNT SUCEED.
                                              


SOME OF THE INSTRUMENTS USED TO KILL HIM ON TOP OF THE DEAD MAN

On Friday July 1st 2011,A thief had been killed after he was caught attempting to steal in Hall 5 at UDSM main campus where by students who are residing in Hall 5 had attacked him,stonning him and beating him with strong metals to his death,likewise another thief had been killed two weeks ago in Mabibo Hostel.this has been actually a custom in University of dare s salaam when a thief is caught he must be beaten to death,I recall some past days back another thief was caught in hall 5 where he was forced to feed on feaces then taken out naked before he was attacked by amob of students who had beaten him to death.Astonishing enough auxiliary police were present but had nothing to do as the students were more than the police therefore the thief had suffered death at main campus.

Actually what is happening in UDSM is actually serious as it is violation and infringement of Human rights particularly the RIGHT TO LIFE as stipulated under Article 14 of the Constitution of United Republic of Tanzania.

Actually UDSM authority has to take it much more seriously as welkl as the public should also be warned on the danger of stealing in UDSM residences as its neither safe for them nor suitable.

As seen in the picture is a thief who was killed in UDSM campus on 1st July 2011.

REPORTED BY;
SADDY RASHID SEVINGI

Thursday, June 30, 2011

Global South Scholar-In-Residence Programme

Global South Scholar-In-Residence Programme


Spring Residence deadline: October 1, 2011



The Graduate Institute of International and Development Studies in Geneva, a leading institution of research and higher education dedicated to the study of world affairs, is now accepting applications for the Global South Scholar-In-Residence Programme.



This fellowship is open to outstanding young professors from universities in developing and emerging countries pursuing advanced research in areas bridging the fields of international and development studies, broadly defined, and working in disciplines such as anthropology, history, law, politics and political science, and economics.



Scholars will spend one semester at the Institute to:

•Update and strengthen the curriculum of their course;

•Further a personal research project;

•Participate in teaching courses;

•Interact with the international community of the Institute and Geneva area.

Scholars receive a contribution towards living expenses. The Scholarship also covers round trip travel to and accommodation in Geneva.



The selection will be based on the quality of research. Quality being equal, selection may be guided by an interest in promoting gender and regional diversity. Candidates should demonstrate how their research stay will contribute to their academic career and their home institution.



For more information, including application guidelines, visit: http://graduateinstitute.ch/visiting/in_residence



www.nigeriahealthwatch.com



Tuesday, June 14, 2011

20 REASONS AS TO WHY ANGELISTA NASHON SHOULD BE THE VICE PRESIDENT.



USE YOUR FRANCHISE RIGHT WISELY AND VOTE FOR ANGELISTA NASHON.YOU WONT REGRET.SHE DESERVES.VOTE FOR CHANGES AND VOTE FOR ANGELISTA.


POWERED BY;
SADDY RASHID SEVINGI
BLOGGER

Monday, January 31, 2011

SAMPLE OF LEGAL OPINION BY SADDY RASHID SEVINGI.

HI ALL MEMBERS I WOULD LIKE TO SHARE THE SAMPLE OF MY WORK OF LEGAL OPINION BUT ON THE CONDITION THAT YOU SHOULD NOT COPY AND PASTE.IN ORDER TO ACCESS SIGN IN TO THE BLOG.
BY SADDY RASHID SEVINGI.

LL.B-UDSM
2008-04-01551.
ADMINISTRATOR.

LABOUR LAW TEST SOLVED QUESTION AND ANSWERS

QUESTION;[1]

The Security of Employment Act 1965 was substantially amended by Act No.1 of 1975.The Amending Act introduced S.40A (5) which is concerned with enforceability of the orders of reinstatement and re-engagement. Provision of Section 40A (5) of SEA 1975 was very confusing and resulted into divided decisions of both the High Court and the Court of Appeal.

(a)Discuss this statement with decided cases.

(b)In your own opinion do you think the confusion in (A) above is adequately resolved by Section 40 of E.L.R.A?

ANSWER;

The amendment of Security of Employment Act of 1965 by Act No.1 of 1975 which introduced Section 40A (5) had a great impact towards the judicial system since it was much confusing and every court both the court of Appeal as well as the High court had different opinions towards the Section which resulted to different decisions from the court.S.40A (5) mainly dealt with the reinstatement and reengagement of an employee by the Board or Minister.

The issue in dispute was;

Ø      Whether the court can legally issue specific performance where the Labour Conciliation board or the Minister had issued a reinstatement order.

It can be seen that some of the courts were of the view that it was fair and reasonable to issue an order of specific performance and the option of the alternatives lied towards the complainant employees and not the offending employer while in the other side we might find that the court believed that issuing a specific performance to reinstate would not be fair but rather believed that the option of the alternative of paying statutory compensation plus twelve months salary was much more appropriate in the cases where the employer was not ready and willing to comply with the orders.

The following are the decisions which were given in favour of Specific performance;
Augustine masatu v. Mwanza Textiles LTD. The material facts of this case involved the employee was terminated services by the employer and referred the matter to the minister and successful the order of reinstatement was issued in his favour but the employer was not ready to comply ws as if nothing happened before. it and rather instead was claiming to pay statutory compensation plus twelve months salary in accordance to Section 40A(5) of SEA. Thus the claimant employee filled the matter under Section 27 of SEA to execute the order as a decree. The court in this case was of the view that reinstatement was apparently adopted since monetary compensation alone could not suffice to a dismissed employee, and further argued that in cases where the employee is willing and ready to work for the employer the employer has no option than to reinstate him.

[2]Further in the case of Mathew Leonard Kato v. National Poultry Co. LTD, the case has tried to point out the effects of reinstatement has to the effect that the worker returns back to work and continues to be assigned duties and assignment as if nothing had happened before.

In Juma Ali Kaziyabure v.Tanzania Posts and Telecommunication Corporation, the facts of the case were that the minister had ordered the reinstatement of a dismissed employee, whereby the respondents had summarily dismissed the Applicant, the minister of Labour in an agreement with the decision of Labour conciliation Board ordered the reinstatement of the dismissed employee. The Respondent purported to terminate the services of the Applicant in accordance to Section 40A(5) by paying statutory compensation together with 12 months wages, where the applicant applied to the court for an order of specific performance as well as damages arising out of the failure to comply with the decision of the minister. In this case it can be noted that the learned counsel for the Respondents was of the view that an employer can legitimately ignore the decision of the minister by paying the statutory compensation plus 12 months wages. Whereby the court held that there was no legal backing for the argument that the employer can ignore the decision of the minister provided that he has paid statutory compensation as well as 12 months salary,S.27 and 40A(5) is where the minister or conciliation board has ordered for reinstatement or reengagement, it is the complainant employee who is in a position to choose one of the alternatives and not the offending employer, an employer who refuse to comply with an order does so at his own risks of having the decision been executed against him by way of specific performance with or without payment of damages. Thus at last the application was upheld and the respondent was to reinstate the Applicant within 30 days.

Also in the court of Appeal in the case of Kihansira Kalumge Kibaya v. United Africa Co. of Tanzania LTD; where it was observed that in effect the appellant continued to be an employer of the company notwithstanding the fact that he was prevented from continuing with the work after employers refusal to reinstate him. The court held that once there is an order for an employee reinstatement he is entitled to all rights as the contract of employment was revived with all its incidents.
The above are decisions both of the High court and Court of Appeal which were favoring specific performance once an order of reinstatement has been issued by a Minister or Labour conciliation Board.

Obadiah Salehe v. Dodoma wine Co. Ltd. Expressed as a different view. He observed that in giving the employer the option not to reinstate an employee it would mean to negate the constitutional right of an employee i.e. the right to work as provided under article 22(1).There is no reason as to why an employee should be discriminated from working when a court of law has found that he committed no offence or irregularity.


The following are authorities which were of a different opinion toward Section 40A(5) of SEA,

In the case of Mahona v. UDSM in this case the High court was of the view that if an employer refuses to comply with an order of a Minister or Labour Conciliation Board he shall pay statutory compensation plus 12 months wages to the employee. Thus it can be seen under this case in hand that the option has now shifted to the employer therefore it is the employer to choose whether he is ready to receive back the employee if he is not ready then he has to go for the other alternative.

[3]Further in the case of the Court of Appeal of Kavishe v .AICC ,this case went on to compare the employment contract with the tenancy contract and held that it would be unfair to have a tenant reside in his employers premises even if the employer no longer needs him thus in turn the court refused to upheld the order of specific performance on the basis that the employer was not duty bound to the orders of the Labour conciliation Board as well as the minister i.e. to receive back the employee and thus instead he can just pay statutory compensation.

In the case of Kaare v. Mara Cooperative Union, the courts went further and hold that it was undesirable and impossible to give an order to unwilling parties to maintain a continuous relationship in the form of provision of service.

Peter Ndonde v. Tanzania Shoe Company; The court addressed the issue whether the employer has an option under the law to determine his employees services where the minister has already made an order of reinstatement .Mapigano J, held if the employer refuses to reinstate within 14days of the order being made he is straight away liable to pay the employee the compensation prescribed under 5(b) of section 40A(5).further the employer would be deemed by section 27 (2) to have dismissed the employee wrongfully and dispose himself to the risks of being condemned to damages by the court. The therefore affirmed that the employer has that option and refused to grant the prayer for specific performance.


Conclusively the divided opinions towards the Section had the effect of keeping both the litigants as well as judicial minds in dilemma due to uncertainties i.e. which principle to be applied was an issue.
                                
1(b).

In my view of Section 40 of E.L.R.A which empowers the arbitrator or Labour court to issue an order of reinstatement or reengagement has succeeded to remove the confusion posed in A only to the extent that the law is now clear that who has the option to choose the alternative thus has removed the dilemma  whereby we might find that now the provision is not different with the principles in the case of Mahona v.UDSM, that incase the employer is not ready to receive the employee back then he has to pay statutory compensation plus 12 months wages but on the other side I find it unfair towards the employee in certain situations since in cases of unfair termination of services by employee its very true that financial compensation is not adequately as it was held in the case of Masatu v.Mwanza textile LTD. Therefore I am of the considered view that Section 40 of E.L.R.A does not adequately solve the confusion on the side of justice towards the employee who has been unfairly terminated. And my recommendation was that the option of alternatives should always be on the side of the complainant employee who has been injured and not towards the offending employer who may just pay the compensation for the sake of doing injustices of terminating the worker on unfair and untenable grounds.




[1]  © SADDY RASHID SEVINGI, 2011 (saddysevingi.blogspot.com).


Tuesday, January 11, 2011

INTERNATIONAL RECOGNISED CORE LABOUR STANDARDS

INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS (ICFTU)
INTERNATIONALLY RECOGNISED CORE
LABOUR STANDARDS IN TANZANIA
.

REPORT FOR THE WTO GENERAL COUNCIL REVIEW OF
THE TRADE POLICIES OF TANZANIA
(Geneva, 25 and 27 October, 2006)

EXECUTIVE SUMMARY
Tanzania has ratified all eight ILO core labour conventions, those on
freedom of association and the right to organise and collective bargaining; on the
elimination of discrimination in respect of employment and occupation and on
equal remuneration; on the elimination of forced or compulsory labour; and on
abolition of child and forced labour. However, there has been in many respects a
transposition into national law but a lack of practical enforcement, and as a
result violations of basic human rights of workers take place continuously
throughout the country. The government of Tanzania must enforce urgently and
without delay numerous measures to tackle this situation.
Trade union rights are extremely hard to exercise in practice due to antiunion
discrimination in the private sector and serious restrictions on the right to
strike, which workers in some occupations are prevented from exercising
entirely. Restrictions on exercising labour rights are worst on the island
territories of Zanzibar and Pemba, where a distinct legal regime for labour
rights prevails.
Discrimination is widespread with respect to women, the disabled and
people with HIV/AIDS.
Child labour is common and includes employment in various economic
activities and commercial sexual exploitation. Forced or compulsory labour is
also common and includes overtime work with the threat of being fired; forced
work by prisoners; and trafficking in, to and within the country.
*****************
2
INTERNATIONALLY RECOGNISED CORE LABOUR
STANDARDS IN TANZANIA
Introduction
This report on the respect of internationally recognised core labour standards
in Tanzania is one of the series the ICFTU is producing in accordance with the
Ministerial Declaration of the World Trade Organisation (WTO) (Singapore 9-13
December 1996) and endorsed at the fourth WTO Ministerial Conference (Doha,
Qatar, 9-14 November 2001) in which the ministers stated: “We renew our
commitment to the observance to the internationally recognised ore labour standards”.
These standards were further upheld in the International Labour Organisation (ILO)
Declaration on Fundamental Principles and Rights at Work adopted by the 174
member countries of the ILO at the International Labour conference in June 1998.
Tanzania was a founding member of the WTO on the 1st of January 1995 and
thus became subject to the legal framework of this international body. Tanzania
participated in the Ministerial Conferences mentioned above and accepted the
commitments adopted in these global meetings. Tanzania equally supported the
“Declaration on Fundamental Principles and Rights at Work” in the ILO in 1998.
The ICFTU has two affiliated members in Tanzania, TUCTA (Trade Unions
Congress of Tanzania) and ZATUC (Zanzibar Trade Union Congress).
Approximately 27 percent of the workforce that is engaged in paid formal
sector employment is affiliated to a trade union. In the agricultural sector, an
estimated 5 to 8 percent of the workforce is unionised.
Tanzania is one of the poorest countries in the world. The economy depends
heavily on agriculture, which accounts for almost half of the GDP, provides 85% of
exports and employs 80% of the work force. Topography and climatic conditions,
however, limit cultivated crops to only 4% of the land area. Industry has traditionally
featured the processing of agricultural products and light consumer goods. Real GDP
growth of more than 6% was experienced in 2005.
GDP was estimated at $12.12 billion in 2005 and was composed of 43.2%
agriculture, 17.2% industry and 39.6% services. The labour force in Tanzania
constituted 19.22 million people in 2005.
Tanzania’s main agricultural products are coffee, sisal, tea, cotton, pyrethrum,
cashew nuts, tobacco, cloves, corn, wheat, tapioca, bananas, fruits, vegetables, cattle,
sheep and goats. Its main industries are agricultural processing (such as sugar, beer,
cigarettes and sisal twine), diamond, gold and iron mining, salt, soda ash, cement, oil
refining, shoes, apparel, wood products and fertilizer.
Tanzania’s main import commodities are consumer goods, machinery and
transportation equipment, industrial raw materials and crude oil, its main import
partners being South Africa, China, India, UAE, Kenya, Zambia and the UK.
Tanzania’s main export commodities are gold, coffee, cashew nuts,
manufacturers and cotton, its main export partners being China, Canada, India, the
Netherlands, Japan, Kenya, Germany and the UK.
In 2005 exports stood at $1.581 billion and imports at $2.391 billion, giving
Tanzania a negative balance of trade.
3
I. Freedom of Association and Collective Bargaining
Tanzania has ratified both ILO Convention 87 (Freedom of Association and
Protection of the Right to Organise Convention, 1948) and Convention 98 (Right to
Organise and Collective Bargaining Convention, 1949), on 18 April 2000 and 31
January 1962 respectively.
The law allows workers to form and join a union without prior authorisation;
however, in practice many private sector employers have adopted anti-union policies
that limit this exercise. All workers, including those classified as essential service
workers, are permitted to join unions.
The mainland and Zanzibar governments do not have the same labour laws,
and they enforce them separately. The labour law of the mainland applies to both
public and private sector workers. The mainland’s law requires a trade union for
employees to consist of at least 20 members. Unions that do not comply with the
proceedings to register are subject to large fines, imprisonment or both.
The government equally establishes the terms of office of trade unionists. In
any given trade union, only one union leader may be occupied full time in carrying
out his or her trade union functions. All others must work full time in the enterprise or
sector in which they have been elected.
There is a high level of interference in union rights, especially from the
government registrar who has a whole controls over every aspect of trade union
activity. The Registrar possesses excessive powers, including the possibility to
deregister the smaller of two trade unions where more than one exists in an enterprise.
A trade union must provide the Registrar annually with a list of its
membership and financial audits. The Registrar can suspend a trade union if it
considers that the latter violates the law or its own regulations or that public security
or public orders are at risk or endangered. The registrar can annul international trade
union affiliation if it is obtained without government approval or the government
considers the trade union is affiliating to an organisation whose scope is broader than
only employer-worker relations.
On the mainland the Security of Employment Act prohibits discriminatory
activities by an employer against trade union members; however, during the year 2005
there were many reports of antiunion discrimination in the formal private sector.
Most labour unions report that private sector employers, especially those
attracted to the country on the grounds of privatisation and economic reforms, practice
anti-union discrimination. Some of these investors reportedly threaten to terminate or
lay off employees who want to join trade unions. Some employers do not allow
unions to call for and hold recruitment meetings at their work places.
Collective agreements must be submitted to the Industrial Court for approval
and may be refused registration if they do not comply with the government’s
established economic policy. Collective bargaining in the public sector does not exist.
Union and government representatives each submit proposals, and the authorities
make recommendations on the basis of these, which have to be adopted by parliament.
The 2002 Public Service (Negotiating Machinery) Bill stipulates that workers
in the public services do not have the right to collective bargaining. Furthermore, the
4
government sets wages for employees of the government and state-owned enterprises.
There is also a minimum membership requirement of 30 people for a union to be
registered, excessive according to international standards. It prevents strikes by “staff
grade officers”, which include heads of public learning institutions. This Bill also
establishes a system of compulsory arbitration, at the authorities’ discretion, to decide
conditions and terms for public service employees. This effectively amounts to a
strike ban.
With the new labour laws in place, any disputes arising under collective
bargaining shall be referred to the Commission for Mediation and Arbitration and, if
the mediation fails, then to the labour court for a decision.
The 2004 Labour Relations Act provided for the reduction of the power of the
Registrar of Trade Unions, Employers Associations and Federations. The act, which
applies to the mainland but not to Zanzibar, requires a trade union or employers
association to register within six months of its establishment. Failure to register is a
criminal offence and is subject to sanctions imposed by the lower courts. The registrar
may apply to the labour courts for what it deems to be an appropriate order or remedy
of a civil infraction. Unlike the previous law, the 2004 Employment and Labour
Relations Act does not permit the registrar to deregister the smaller of two trade
unions when more than one existed in an industry; to suspend trade union for
contravening the law or the union’s own rules; or to invalidate a union’s international
trade union affiliation if certain internal union procedures are not followed.
Workers can go on strike on the mainland, but must go through a series of
complicated and protracted mediation and conciliation procedures, which can prolong
a dispute months without resolving it. The law does not protect those taking part in
legal strikes from retribution. Consequently, workers tend to stage illegal wildcat
strikes and walkouts because of the lengthy and cumbersome requirements for calling
a legal strike.
The government sacked 148 interns at Tanzania’s largest hospital, the
Muhimbili National Hospital in Dar es Salaam on 22nd June 2005 after they had been
on strike for just over a week demanding increased allowances. They were also
instructed to leave their dormitories. Altogether, 111 doctors, 24 pharmacists and 13
nurses had stopped work. They were later reinstated.
Fifty-two doctors from the Muhimbili National Hospital were sacked on 23
November 2005, one week after going on strike to achieve an increase in their basic
salary. The doctors were sacked after they ignored a government ultimatum to accept
the latest pay offer, which was below the figure recommend to the government by the
Medical Association of Tanzania in June. The police then banned a march by nurses,
auxiliary staff and at least 100 medical interns, who had joined the strike during the
second week to support the doctors, to State House to present their grievances to
Prime Minsiter Benjamin Mkapa. The government refused further negotiations and
drafted in 30 military doctors and 35 Ministry of Health doctors to staff the hospital.
The 2004 Employment and Labour Relations Act provided for some
improvements including a reduction of the complicated and protracted mediation and
conciliation procedures that a union is required to complete before it is allowed to
legally strike. If a strike is not in compliance with the act, a labour court can still
intervene to issue an injunction or order the payment of a fine. However, the act
eliminates the significant penalties prescribed under the previous law for participating
5
in an illegal strike. The Act also reduced some of the excessive requirements for
registering trade union federations.
Some labour rights observers, such as the Legal and Human Rights Centre
(LHRC), have raised concerns that language in the new labour law may make striking
more difficult in practice for workers in some sectors. The act restricts the right to
strike when to do so would endanger the life and health of the population and, due to
the wide definition of that category, thereby increases by about 50 percent the number
of workers that are considered essential and, therefore, not allowed to strike. Workers
in certain sectors (water and sanitation, electricity, health services and associated
laboratory services, firefighting, air traffic control, and civil aviation
telecommunications) are restricted from striking and workers in other sectors may be
deemed to be subject to this limitation either temporarily or permanently after a
process involving investigation, notice, presentation, public hearing and publication.
The labour law in Zanzibar applies only to private sector workers. Zanzibar
workers are not allowed to join mainland-based trade unions. Moreover, the Zanzibar
labour law requires that a union consists of 50 members to be registered, and it
stipulates that trade union officers must possess a sufficiently high literacy level to
comply with their work. The labour law in Zanzibar does not protect trade union
members from anti-union discrimination, and there were several reports of such
discrimination during the year 2005.
On Zanzibar the law prohibits all workers from striking. Hundreds of medical
staff were sacked in Zanzibar during the year 2005 for seeking to exercise the right to
strike.
On the Zanzibar islands, especially on the island of Pemba, political
opposition members claim that the government discriminates against them in hiring.
The government is the largest employer on the isles.
There are three export processing zones on the mainland, where working
conditions are comparable to those outside the zones. There are two export processing
zones on Zanzibar, where there were unconfirmed reports of trade union rights
violations in 2005.
Conclusions
Tanzania has ratified both international labour conventions aimed at ensuring
the freedom of association and the right to organise and to bargain collectively.
However, national legislation in force makes extremely difficult to exercise these
rights in practice. There is an over-concentration of power in the hands of certain
authorities responsible for labour issues, such as the registrar who interferes
constantly in trade union activities. The legislation stipulates a compulsory minimum
of 20 members to create a trade union. Those who do not comply with those legal
requirements may face fines and ultimately imprisonment. Anti-union discrimination
takes place in the private sector and reports show that employers discourage
employees from joining a union under the threat of being fired. Despite some recent
improvements, there remain serious restrictions on the right to strike and some
occupations are prevented from exercising this right entirely. International trade
union affiliation may be denied arbitrarily by the government. Restrictions on
exercising labour rights are worse one on the island territories of Zanzibar and
Pemba, where a distinct legal regime for labour rights prevails.
6
II. Elimination of Discrimination in Respect of Employment and Occupation
Tanzania has ratified both ILO Convention 100 (the Equal Remuneration
Convention, 1951) and Convention 111 (the Discrimination (Employment and
Occupation) Convention, 1958). Ratification of both conventions took place on 26
February 2002.
While the law provides for equality of woman, in practice women’s rights are
often not respected. The existence of strong traditional norms still divides labour
along gender lines and places women in a subordinate position in society. Progress on
women’s rights is more noticeable in urban areas. Discrimination against women is
most acute in rural areas, where women are relegated to farming and raising children
and have almost no opportunity for wage employment.
Women generally are not discouraged from seeking employment outside the
home; however, in the public sector, which employs 80 percent of the salaried labour
force, certain statutes restrict women’s access to some jobs or hours of employment.
While the law bans sexual harassment against women in the workplace, male
workers often harass women and the authorities very much ignore the practice. The
extent of the problem is unknown.
Although there is no official discrimination against persons with disabilities, in
practice, persons with physical disabilities are effectively restricted in employment,
education, access to health care and other state services due to physical barriers and a
very limited existing budget. The government does not mandate access to public
buildings, transportation, or government services for persons with disabilities, and the
government provides only limited funding for special facilities and programmes.
There are reports that discrimination in housing, healthcare, and education
continues to occur against the estimated 3.5 million persons in the country living with
HIV/AIDS. There are cases of private employers firing or refusing to hire persons
based on the perception that they had HIV/AIDS.
Conclusions
Despite the fact that Tanzania has ratified the two international labour
conventions aiming at the elimination of discrimination in respect of employment and
occupation, the reality in the country is very different. Discrimination persists against
women and thus they are prevented from equal access to many jobs. Many women,
particularly in rural areas, are relegated to a position where they have almost no
possibility for wage employment. People with disabilities and those infected with
HIV/AIDS face employment discrimination and there are reports showing that private
employers have fired workers on the perception that they were HIV positive.
7
III. Abolition of Child Labour
Tanzania has ratified both Convention 138 (Minimum Age Convention, 1973)
and Convention 182 (Worst Forms of Child Labour Convention, 1999). Ratifications
took place on 16 December 1998 and 12 September 2001, respectively.
The law establishes 14 years as the minimum age for contractual employment,
in which children can only be employed to do light work unlikely to be harmful to
their health and development. The minimum employment age was inconsistent with
the age for completing educational requirements. The law stipulates that children
under 18 years shall not crew on a ship or be employed in a mine, factory or any other
worksite, including non-formal settings and agriculture, where work conditions may
be considered hazardous.
The law provides for 7 years of compulsory education, through to the age of
15. Primary education is compulsory, free, and universal on both the mainland and
Zanzibar; however, there are inadequate numbers of schools, teachers, books, and
other educational materials to meet the demand. In some cases, parents have to pay
for book and uniforms, and some children are unable to attend school, often because
teachers are absent.
UNICEF states that the net primary school attendance rate is 47 percent for
boys and 51 percent for girls. In a few regions the rate of enrolment in school for girls
generally declined in 2005 with each additional year of schooling, largely because
girls often have to care for younger siblings, do household work, and enter early
marriages, often at the behest of parents. Only 2 percent of boys and 3 percent of girls
attend secondary school.
The ILO and UNICEF report that children who leave home to work as
domestic labourers in other towns or villages are often subjected to commercial sexual
exploitation. According to the Conservation Hotel, Domestic, and Allied Workers
Union (CHODAWU), and the ILO, the majority of domestic child labourers in the
country are girls, mostly between the ages of 13 and 15. Most of them work between
12 and 14 hours everyday, 7 days a week, without rest or being compensated for the
extra time worked; they often work under abusive and exploitable conditions.
According to a 2003 survey by the TAMWA, almost 60 percent of a sample of house
girls said they had been forced to have sexual relationships with the males in the
families they served.
The ILO estimates that three thousand to five thousand children are engaged in
seasonal employment on commercial farms, sometimes under hazardous conditions.
In mining regions between 1,500 and three thousand children work in unregulated
gemstone mines as snake boys working with explosives and crawling through narrow
tunnels to help position mining equipment.
Children are found working in various jobs, including as fishermen, barmaids,
street vendors, car washers, and garbage scavengers. They also work in semi-skilled
crafts such as carpentry and auto repair. Girls as young as seven years old, and
increasingly boys, are often involved in prostitution within the country and are
sometimes trafficked.
8
Child labour in Zanzibar is widespread and children are generally used in
fishing, clove picking, domestic labour, petty business such as selling cakes, and
commercial sexual exploitation near tourist attractions.
In 2004 the mainland government passed the Employment and Labour
Relations Act and the 2004 Labour Institutions Act, both of which provide for the
protection of children from exploitation in the workplace and prohibit forced or
compulsory labour. Enforcement of child labour laws is generally very weak;
nevertheless, the government hired additional inspectors during the year 2005 to
improve enforcement. Child labour remains a problem in Tanzania.
The Ministry of Labour remains ultimately responsible for enforcement of
labour laws along with two new institutions established under the Labour Institutions
Act: the “Commission for Mediation and Arbitration” and the “Labour Court”. During
the year 2005 an additional 40 officers and inspectors were recruited and trained,
increasing the national labour inspection force to 145. The government provided
orientation to its officers to increase their capacity to monitor violations under the new
labour laws; however, meagre salaries continued to be a challenge. Further training
and orientation were provided to the members of the police force investigating cases
and to the magistrates presiding over trials.
Several government ministries, including the Ministry of Labour, Youth
Development, and Sports, have “ad-hoc” child labour units. The government
continued to implement in 2005, in collaboration with the ILO, a “Timebound
Programme to Eliminate the Worst Forms of Child Labour”. The programme aims at
eliminating child labour in commercial agriculture, mining, domestic work, and
prostitution in 11 districts by 2010.
Under the Timebound Programme, several local NGOs continue to identify
and withdraw children from exploitative child labour. The Kiota Women´s Health and
Development Organisation work to rehabilitate exploited girls who work as
prostitutes or domestic servants. Another organisation, CHODAWU, has established
village-level inspections to identify cases of exploitative labour. CHODAWU also
coordinates with grassroots child labour committees to withdraw children from
exploitative situations.
UNICEF estimates that there are two million child orphans, most of them
orphaned by AIDS. There are significant numbers of street children in the main cities
of the country. Street children possess limited access to health and education services
because they lack a fixed address and money to purchase medicines, school uniforms,
or books. They are also generally subject to sexual abuse by older street children and
persons without a fixed residence.
Conclusions
Despite the fact that Tanzania has ratified both international labour
conventions aiming at abolition of child labour, child labour is a major problem in
Tanzania. Although compulsory education is granted for seven years, there are
inadequate numbers of schools, teachers and books due to a lack of financial
resources. Very few children continue their education after primary school.
According to the ILO, thousands of children are employed in seasonal employment
under hazardous conditions. Child labour in Zanzibar is widespread and children are
9
generally used in many labour activities, including commercial sexual exploitation
near tourist attractions.
IV. Elimination of Forced or Compulsory Labour
Tanzania has ratified both ILO Convention 29 (Forced Labour convention,
1930) and Convention 105 (Abolition of Forced Labour Convention, 1957).
Ratification of both conventions took place on 30 January 1962.
The law prohibits forced or compulsory labour, and labour laws passed during
the year 2005 specifically prohibit forced labour by children and closed some existing
loopholes in the national constitutional ban on such labour. Nevertheless, there
continued to be reports that forced and compulsory labour by children occurred during
the year 2005.
The Prisons Act permits prisons to require prisoners to work without pay on
projects within the prison, such as on agriculture so that the prison can be selfsufficient.
Prisoners are used to do forced labour on projects outside the prison, such
as road repair and government construction projects.
According to a 2004 survey of the mining company GGM, 85 percent of
workers interviewed reported they were forced to work overtime under perceived
threat of termination.
The national law does not expressly prohibit all forms of trafficking, and there
are reports that show that women and children are trafficked to, from, and within the
country for the purposes of forced labour and sexual exploitation. Most victims are
trafficked internally; boys are trafficked for exploitative work on farms, in mines, and
in the large informal sector, while the girls from rural areas are generally trafficked to
the towns for involuntary domestic labour. Girls are reportedly trafficked to South
Africa, Saudi Arabia, the United Kingdom, and possibly other European countries for
forced domestic labour.
Children in low-income families are at significant risk of being trafficked, and
girls are more vulnerable than boys since girls are considered more of an economic
burden on their families. Girls who complete primary school but do not enter
secondary school are at particularly high risk.
Although enforcement remains weak, the government implemented some
measures in 2005, including increasing the number of labour inspectors.
Conclusions
Tanzania has ratified both the international labour conventions aiming at
ending elimination of forced or compulsory labour. However, in spite of the fact that
national law also bans forced or compulsory labour, this practice is common in the
country. Many workers work overtime under threat of being fired. Prisoners are used
to accomplish work on projects outside prisons. The national law of Tanzania does
not expressly ban all forms of trafficking and many reports reveal that women and
children are trafficked internally and externally to, from and within the country. Both
boys and girls who do not complete primary school or do not enter secondary
education place themselves at a higher risk of being trafficked or abused.
10
CONCLUSIONS AND RECOMMENDATIONS
1. The government of Tanzania must amend its national law to end the requirement
of a compulsory quorum of membership in order to form a union, both in
mainland and island territories. The right to join a union and to go on strike must
be extended to all professions of whatever activity.
2. The government must fight anti-trade union discrimination on the part of private
sector employers through prosecutions and adequate financial penalties. Legal
stipulations must be changed in order to make it practicable to hold a strike within
the law.
3. The government of Tanzania must cease interfering in trade union activities.
4. An effective positive action programme to oppose discrimination against women,
the disabled and people with HIV/AIDS must be implemented. The government
must prosecute firmly the practice of sexual harassment against women at the
workplace.
5. More resources must be granted to adapt public buildings and workplaces to the
needs of disabled people.
6. Enterprises that fire workers because they are suffer, or thought to suffer from
HIV/AIDS must be fined in order to end the practice.
7. The government must take measures to end child labour throughout the country.
Actions need to be taken especially urgently to end commercial sexual
exploitation near tourist attractions, especially in the island of Zanzibar where
problems are particularly bad.
8. The government of Tanzania must implement measures aiming at encouraging all
girls and boys to complete education, granting more resources in order to do so.
9. National law regulating prisons should be revised in order to end the practice of
prisoners undertaking forced work.
10. The government of Tanzania must amend its national law in order to ban all kinds
of trafficking. It must enforce this legislation in order to end trafficking in, to and
within the country. It must grant more resources to control trafficking externally.
11. The WTO should draw the attention of the authorities of Tanzania the
commitments they undertook to observe core labour standards at the Singapore
and Doha Ministerial Conferences. The WTO should request the ILO to intensify
its work with the government of Tanzania in these areas and provide a report to
the WTO General Council on the occasion of the next trade policy review.
11
References
ICFTU, Annual Survey of Violation of Trade Union Rights, 2006 and previous
editions
ILO legal and data base resources: ILOLEX, NATLEX
ILO Equality
US Department of State, Report on Human Rights Practices, 2006
World Bank Database
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Friday, December 31, 2010

LABOUR LAW ASSIGNMENT

"Many SADC countries have began to reform their labour markets....Emphasis has been placed on the importance of internationally recognised core labour standards in this reform process''.First report of the task force on labour law reform..Pg 16.Discuss the merits of this contention in the context of the labour law reform which was carried out in Tanzania 2001.

NB:
Your answer should not exceed 4pages.Submit your answers by 14th January 2011.

LAUNCHING SPEECH BY ADMINISTRATOR

DEAR LEARNED BROTHERS AND SISTERS,
I had decided to create these blog specifically for the law syudents of University of Dar es salaam but these does not meen that these blog would work discriminately to other universities..this is an open blog for every student taking law from any university in the world.i created these blog to give aforum to law students to be able to discuss various legal matters with different people and students from different parts of the world.

So its my vast hopes that this blog would assist you in your daily basis studies as well as strengthening relationship.

My name is Saddy Rashid Sevingi,the creator of this blog as well as the creator of University Of Dar es law Community in the facebook,im taking a Bachelor Degree in Laws LL.B,third year at the University of Dar es salaam.

I take this opportunity to welcome all.

SADDY RASHID SEVINGI,
saddysevingi@gmail.com
+255655588303