Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

United Republic of Tanzania

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 2002)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 2002)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Discrimination based on sex. Job advertisements. The Committee notes that, in its report, the Government informs about some initiatives undertaken in collaboration with the social partners, including the development of a guide for employers on “Promoting Equal Opportunity and Elimination of Discrimination at Work places” and awareness-raising activities, involving also civil society and non-governmental organizations, with the aim to ensure that the principle of non-discrimination on the grounds of sex is effectively applied in hiring and advertising practices,. The Government also refers to the appointment of female Ministers in most of the strategic Ministries, which has resulted into a national level campaign to empower girls and women and inspire them to take different post, position and jobs which traditionally were occupied by men. The Committee encourages the Government to continue to take proactive measures to ensure that equality of treatment and opportunity between men and women is ensured in the recruitment phase and sex discriminatory hiring and advertising practices are effectively eliminated, and requests it to monitor job advertising to detect and address any violations of the principle of the Convention and provide information on the steps taken in this regard and their outcome.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Government indicates that, in collaboration with social partners, conducted training aiming at building employers’ capacity to develop and register plans to prevent and address sexual harassment, in line with sections 7(1) and 7(2) of the Employment and Labour Relations Act. The Committee wishes: (1) to recall the gravity of sexual harassment, as it undermines equality at work by calling into question the integrity, dignity and well-being of workers; and damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity; and (2) the importance of implementing effective and regular prevention measures, adopting clear procedures for reporting incidents, and appropriate sanctions in cases of harassment. The Committee refers the Government to its General Observation, adopted in 2002, for further guidance. The Committee requests the Government to report on the number of plans to eliminate discrimination in the workplace registered with the Labour Commissioner pursuant to sections 7(1) and 7(2) of the Employment and Labour Relations Act that specifically address sexual harassment, and on the measures contemplated in such plans to prevent and address sexual harassment, including remedies provided for the victims. Please also continue to provide information on any other measures taken to prevent and eradicate sexual harassment in employment and occupation and the number, nature and outcome of complaints or cases of sexual harassment arising in the context of work or education, including any penalties imposed and compensations awarded.

Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Government informs that the National Multisectoral Strategic Framework for HIV and AIDS for 2018/19 to 2022/23 brought about some positive impact on addressing discrimination in employment and occupation based on HIV/AIDS status, such as the issuance in 2024 of the new HIV and AIDS and Non-Communicable Diseases (NCDs) Workplace Policy: A Guide for Private Sector Employers, which provides a generic format for employers in preparing and implementing a policy guide on HIV and AIDS and NCDs and other diseases at workplace to ensure, among other objectives, the elimination of stigma and discrimination against persons living with HIV and AIDS, in compliance with section 7 of the Employment and Labour Relations Act. The Committee notes that a new Multisectoral Strategic Framework for HIV and AIDS for 2021/22 to 2025/26 was adopted, which includes among its strategic interventions, the elimination of stigma and discrimination. The Committee also notes that orientation sessions on HIV/AIDS and human rights were provided to law enforcers, magistrates, people living with HIV/AIDS and vulnerable populations, with a view, on the one hand, to ensure that all participants were aware of relevant legal provisions, and the other, that the judiciary can effectively administer justice in cases related to HIV/AIDS and victims can claim their rights, including by exploring first grievance mechanisms established at the workplace and then bringing the matter before the judicial system. The Committee requests the Government to provide information on any measures addressing discrimination in employment and occupation adopted under the new Multisectoral Strategic Framework for HIV and AIDS for 2021/22 to 2025/26 and their impact on promoting equality of opportunity and treatment of persons living with HIV/AIDS in respect of access to employment and occupation, vocational guidance and training, among others. Please also continue to provide information on the number, nature and outcome of cases of employment and occupation discrimination based on HIV and AIDS status examined by the labour inspectorate, the courts or relevant equality bodies.

Articles 1 to 3. National policy for equality of opportunity and treatment. The Committee notes the Government’s indication that: (1) a total of 398 plans to promote equal opportunity and to eliminate discrimination in the work place for the year 2023/2024 have been registered by the Labour Commissioner, pursuant to sections 7(1) and 7(2) of the Employment and Labour Relations Act; (2) the National Labour Market Information System is not yet operational; (3) the Government continues strengthening joint inspections by the occupational safety and health officers, the labour officers and the social security officers on preventing and eliminating, among other things, discrimination in employment and occupation; and (4) the joint inspections have resulted into increased awareness and compliance rate of employers and workers at workplaces as well as into the issuance of compliance orders and prosecution of different cases up to the level of the Labour Division of the High Court. The Committee requests the Government to continue to provide information on the plans on promoting equal opportunities and eliminating discrimination at the workplace registered with the Labour Commissioner, including information on the kind of measures envisaged in such plans and the grounds of discrimination addressed in practice. In addition, the Committee requests the Government to provide information on: (i) any other measure taken to promote equality of opportunity and treatment in employment and occupation on grounds other than sex; (ii) any further progress made in respect of the establishment of the National Labour Market Information System and its impact on strengthening the role of the Labour Information Management System and the Labour Inspection Unit in combating discrimination in employment and occupation; and (iii) the results achieved through the joint inspections with regard to both preventing and addressing discrimination.

Equality of opportunity and treatment irrespective of race, colour and national extraction. Indigenous peoples. The Committee recalls that traditional occupations, such as pastoralism, hunting and gathering, are “occupations” within the meaning of the Convention (2012 General Survey on the fundamental Conventions, paras 742 and 767). It also recalls that one of the main issues faced by indigenous peoples relates to the lack of recognition of their rights to land, territories and resources, undermining their right to engage in traditional occupations (2012 General Survey, para. 768). The Committee refers to its 2018 general observation on discrimination based on race, colour and national extraction in which it observed that unsecure land tenure and biased approaches towards the traditional occupations engaged in by certain ethnic groups, which are often perceived as outdated, unproductive or environmentally harmful, continue to pose serious challenges to the enjoyment of equality of opportunity and treatment in respect of occupation. In that regard, the Committee notes that urgent appeals have been addressed in 2022 and 2023 to the Government by the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nation Committee on the Elimination of Racial Discrimination (CERD), requesting, inter alia: (1) to ensure that any measure for the implementation of the conservation area is carried out in full collaboration with and participation of the affected communities, including with guarantee for secure access to and use of resources on the affected territory by the members of the community; (2) to halt the forced evictions; and (3) to take measures to effectively protect the communities against reported acts of excessive use of force, intimidation, arbitrary arrests and discrimination and racist speech (ACHPR, letter of June 2022; CERD/EWUAP/109th Session/2023/MJ/CS/ks, page 3. The Committee recalls that, previously, the UN Human Rights Committee had asked for information on the efforts made by the Government to address the reported eviction of, and confiscation of lands and livestock from, the indigenous communities, such as the Maasai and Barabaig peoples, resulting in their loss of traditional livelihoods (CCPR/C/TZA/QPR/5, 20 August 2021, para. 29). The Committee emphasizes that promoting and ensuring access to material goods and services required to carry out an occupation, such as secure access to land, and access to credit and resources, without discrimination, should be part of the objectives of a national policy on equality under Article 2 of the Convention (2018 general observation on discrimination based on race, colour and national extraction). Consequently, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by these peoples and their members in employment and occupation because of their race, colour or national extraction. In order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee requests the Government: (i) to assess the situation in employment and occupation of men and women belonging to indigenous peoples and the discrimination faced by them in general, in order to inform the formulation of appropriate measures, in consultation, wherever possible, with the interested groups; (ii) to take immediate steps to evaluate, in consultation with the concerned communities, the impact of the conservation and tourism projects on their livelihood and inform on the results of such evaluation; and (iii) to provide information on the measures taken to ensure that the Maasai, and other indigenous peoples affected by conservation and tourism project enjoy equality of opportunity and treatment in respect of the occupation of their choice, notably their traditional occupations, -including information on the measures taken to protect their rights to the lands and resources they traditionally occupy and use for their occupations – and the initiatives undertaken to address prejudices and stereotypes, including in the media.

Migrant workers. The Committee recalls that the Non-Citizens (Employment Regulation) Act of 2015 provides that “the Labour Commissioner shall, before approving an application for a work permit [for a migrant worker], satisfy himself that all possible efforts have been explored to obtain a local expert”. It notes the Government’s statement that no application for a work permit was rejected by the Labour Commissioner for reasons that can amount to discrimination and that no cases of discrimination based on race, colour and national extraction against non-citizens have been addressed by the competent authorities. The Committee requests the Government to provide information on the main reasons work permits are refused by the Labour Commissioner in practice.

Convention No. 100 – Principle of e qual r emuneration for men and women for work of equal value

Article 2. Wage fixing mechanisms. Minimum wages. The Government informs the Committee about increases in the minimum wages for common cadres and for health-related cadres, indicating that these measures have benefited especially women since they represent the majority of workers in these cadres. It also refers to the ongoing integration of the newly introduced Public Service Management Systems between Central Government and Local Government Authorities and Independent Government Agencies and Authorities, at the completion of which updated statistical data, disaggregated by sex, on the current wage levels in the public sector would be available. Regarding data in the private sector, the Committee notes that the National Labour Market Information System (NLMIS) is at the testing stage and once it is fully working, those data will also be available. The Committee further notes the Government’s indication that when determining minimum wages, both the Public and Private Minimum Wage Boards rely on surveys which include information on all factors to be considered, including qualifications and work experience, among others. The Committee welcomes the adoption of a new Minimum Wage Order for the private sector, following a 12-year period without revision. The Committee requests the Government to provide information on the measures taken by both the Public and Private Wage Boards to ensure that work in sectors with a high concentration of women is not undervalued compared to sectors predominantly employing men. The Committee also requests up-to-date statistical data, disaggregated by sex – and, once the NLMIS becomes operational, by occupational level and sector – on wage levels in the private sector. Additionally, please provide information on wage levels in the public sector, disaggregated by sex and position.

Collective bargaining. Cooperation with employers’ and workers’ organizations. The Government indicates that it continues to carry out training and capacity-building for workers and employers. The Committee welcomes the Government’s commitment to ensure that the Office of the Labour Commissioner, in consultation with social partners, will jointly agree that from the next financial year, all collective agreements will have to contain a specific provision on equal remuneration for men and women for work of equal value. The Committee requests the Government to provide copy of any collective agreement implementing the principle of equal remuneration for men and women for work of equal ‘value’, and to continue providing information on the measures taken to strengthen the capacity of social partners regarding the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the public sector job evaluation methods are used to determine remuneration rates which are based on objective criteria such as qualifications and skills, effort, responsibilities and conditions of work, under the Public Service Management and Good Governance Office (Salary, Incentives and Benefits Department). As regards the private sector, objective job evaluations are promoted, among others, by the functioning of workers participation forums to effectively conduct the required evaluations. The Committee requests the Government to provide more information on the functioning of the workers’ participation forums in the job evaluation exercise, and the criteria used for determining the value of a job for the purpose of establishing remuneration rates. Please also provide information on any complaint filed with the competent authorities alleging violations of the principle of the Convention in the establishment of remuneration rates, in the public and private sectors.

Conventions Nos 100 and No. 111 – Application in practice

Enforcement. The Committee notes the clarifications provided by the Government concerning the procedures and remedies available to victims of discrimination in employment and occupation as well as the selected cases annexed to the report concerning the application of the principles of the Conventions Nos 111 and 100. The Committee requests the Government to continue to provide information on cases involving the application of the Conventionsaddressed by the competent authorities