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Repetition Articles 1 and 2 of the Convention. Assessing and addressing the gender wage gap. The Committee previously noted that, as a result of sections 7(1) and (2) of the Employment and Labour Relations Act, 2004, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, employers have an obligation to elaborate and implement a plan to prevent discrimination and promote equal opportunity in employment, which shall be registered with the Labour Commissioner. The Committee notes the Government’s statement, in its report, that a generic plan to be used by employers is being elaborated to that end, in collaboration with the ILO as well as employers’ and workers’ organizations. The Government adds that it will consider availing itself of ILO technical assistance for building capacities of employers’ and workers’ organizations in that respect. The Committee notes that, according to the 2018 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 81.1 per cent (compared to 88.3 per cent for men), with women being still mostly concentrated in informal employment (76.1 per cent of women) characterized by low wages. It notes, from the 2016 Formal Sector Employment and Earnings Survey, carried out by the National Bureau of Statistics (NBS) that while the proportion of women employed in formal employment is nearly half of the proportion of men (37.8 per cent and 62.2 per cent of total employees, respectively), 23.7 per cent of women are employed in the private sector, while only 14.1 per cent of them are employed in the public sector, where monthly average cash earnings are about three times higher than in the private sector. Furthermore, in 2016, the remuneration of women (monthly average cash earnings) was 15.3 per cent lower than those of men in the public sector and 6.1 per cent lower than men in the private sector. The Committee also notes that women are still concentrated in lower paid sectors such as manufacturing (19.6 per cent) and agriculture (10.3 per cent) and their average remuneration is lower than their male counterparts in almost all industries. The Committee notes with concern that, according to the World Economic Forum, men earned on average 39 per cent more than women in 2018. It further notes that, in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the lack of implementation of the principle of equal pay for work of equal value; and (iv) the persistent gender wage gap (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraph 32). The Committee therefore urges the Government to provide information on: (i) the proactive measures taken to address the gender wage gap, both in the public and private sectors, by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and the informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; (ii) any measures taken to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, including through the elaboration and implementation by employers of plans to promote gender equality at the workplace, as provided for under sections 7(1) and (2) of the Employment and Labour Relations Act; and (iii) statistical data on the earnings of men and women in all the sectors and occupations of the economy to monitor any progress achieved.
Repetition Article 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value. Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value. Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector. Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned that customary judicial mechanisms, to which women most often resort, are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.
Repetition Article 1(1)(a) of the Convention. Discrimination based on sex. Job advertisements. The Committee previously noted that 14.9 per cent of job vacancies in 2013 contained a sex preference. The Committee notes the Government’s indication in its report that it is developing, with the support of the ILO and in consultation with employers’ and workers’ organizations, a plan with a view to giving effect to the provisions of section 7(1) and (2) of the Employment and Labour Relations Act No. 6 of 2004 (ELRA), which require an employer to prepare and register with the Labour Commissioner a plan to promote equal opportunities and eliminate discrimination at the workplace. It notes the Government’s statement that this plan will provide guidance to employers on the implementation of all matters relating to equality and discrimination, including sex based discrimination in recruitment and job advertisements. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey carried out by the National Bureau of Statistics (NBS), 6.7 per cent of job vacancies still contained a sex preference. It notes that 4.4 per cent of those vacancies (representing 8,914 job vacancies) preferred male employees, while specific sectors which are traditionally considered as female dominated preferred female candidates, such as clerical occupations (92 per cent of job vacancies preferred women). The Committee recalls that recruitment decisions that are based upon stereotyped assumptions regarding women’s capabilities and their suitability for certain jobs is a form of sex discrimination. Such discrimination results in segregation of men and women in the labour market. The Committee reminds the Government that the application of the principle of equality guarantees every person the right to have his or her application for a chosen job considered equitably, without discrimination based on any of the grounds of the Convention, and that only objective recruitment criteria should be used in the choice of the candidate (see the 2012 General Survey on the fundamental Conventions, paragraphs 754 and 783). The Committee therefore urges the Government to address without delay discriminatory advertising and hiring practices, through the development and implementation of the envisaged generic plan to promote equal opportunity and eliminate discrimination or otherwise through awareness-raising activities, in order to eliminate gender stereotypes, including stereotyped assumptions by employers of women’s or men’s suitability for certain jobs. The Government is further asked to provide information on any steps taken to encourage women to apply for posts traditionally held by men. The Committee also asks the Government to provide information on the proactive measures taken to this end, including in collaboration with employers’ and workers’ organizations, and to continue to provide statistical information on the number of job vacancies containing a sex preference. Article 1(1)(b). Additional grounds of discrimination. HIV Status. The Committee previously noted the Government’s indication that the HIV and AIDS (Prevention and Control) Act No. 28 of 2008 is enforced through policy formulation and the HIV and AIDS Guidelines in the Public Service adopted in February 2014. The Committee notes that the Government repeats the information provided in it last report, namely that (i) the regulations under section 52(m) of Act No. 28 of 2008 have not yet been adopted; (ii) the Tripartite Code of Conduct on HIV and AIDS at the workplace, providing for the promotion of equal opportunities and the elimination of stigma and discrimination at workplaces, has been reviewed in collaboration with the social partners; and (iii) the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14-2017/18 has been adopted. It notes, however, that the Government has not provided the information previously requested by the Committee in this regard. The Committee further notes that in the framework of the Universal Periodic Review, the United Nations Country Team (UNCT) in Tanzania stated that discrimination related to HIV/AIDS remained institutionalized at the workplace and the practice was prevalent, inter alia, in certain large mining companies in the private sector and in the police force (A/HRC/WG.6/25/TZA/2, 7 March 2016, paragraph 17). Noting that the third National Multi-Sectoral Strategic Framework for HIV and AIDS for 2013/14–2017/18 aims at zero stigma and discrimination against persons living with HIV, including in the workplace interventions both in the public and private sectors, the Committee repeats its request that the Government provide information on the implementation of the Framework with respect to matters that relate to discrimination based on HIV and AIDS in employment and occupation in the public and private sectors, in particular in the police force. The Committee requests that the Government provide a timetable for the adoption of the implementing regulations of the HIV and AIDS (Prevention and Control) Act No. 28 of 2008, and asks the Government to provide a copy of such regulations once adopted. The Committee also asks the Government to provide information on any cases of discrimination on the ground of HIV status in employment and occupation dealt with by the labour officers, the courts or any other authorities, specifying the penalties imposed and the compensation awarded. Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the low participation rate of women in the economy and the continued occupational gender segregation in the labour market. The Committee notes the Government’s general statement that it has continued to take affirmative action, reaffirming its commitment to improving women’s access to education, training, employment and income generation. The Government refers in particular to the measures taken to increase women’s access to credit facilities and loans, in collaboration with the private sector, development partners and civil society organizations, including through the Women Development Fund, and to promote rural micro finance services, such as the Savings and Credit Cooperative Societies and the Village Community Banks (VICOBA). The Government adds that it has also strengthened its efforts to promote women’s transition from the informal economy to the formal economy, in collaboration with the social partners, with regard to the provision of business development services, the extension of social protection, and the enhancement of the enforcement of labour laws. The Committee takes note of the Five Year Development Plan 2016/2017–2020/21 (FYDP II), implemented in the framework of the Tanzania Development Vision 2025, which sets as objective to accelerate economic growth by making sure that it will benefit to significant poverty reduction and job creation especially for the youth and women. The Committee notes, however, that according to the 2016 Formal Sector Employment and Earnings Survey, the participation of women in the formal employment remained relatively low with only 37.8 per cent of total employees in the formal economy being women. Furthermore, according to the 2018 Global Gender Gap Report of the World Economic Forum, women remain disproportionately concentrated in informal employment (76.1 per cent). The Committee also notes the persisting occupational gender segregation, with women still over-represented in certain sectors, such as education and human health and social work activities. It also notes that in its 2016 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) remained concerned at the persistent discrimination against women in the labour market, in particular: (i) the high rate of unemployed young women and their marginalization from formal labour markets; (ii) the continuing horizontal and vertical occupational segregation and the concentration of women in low-paid jobs; (iii) the low representation of women in decision-making positions at the local level and in management positions on supervisory boards of companies; (iv) the limited access of women to financial assistance and credit, as well as at the limited support for women’s entrepreneurial activities which are mainly confined to the informal sector without access to the wider economic growth; (v) the persistence of adverse cultural norms and practices and deep-rooted patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; and (vi) the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors. The CEDAW was more particularly concerned at the disadvantaged position of women in rural and remote areas who form the majority of women in the country (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 18(a), 26, 32, 38 and 40). In light of the above, the Committee wishes to emphasize the importance of regularly monitoring and assessing the results achieved within the framework of the national equality policy with a view to reviewing and adjusting existing measures and strategies and identifying any need for greater coordination between measures and strategies and between competent bodies in order to streamline interventions, in order for the Government and the social partners to be able to assess the real impact of such measures periodically. The Committee therefore urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes. The Government is asked to provide information on the specific and concrete measures taken to promote women’s economic empowerment and access to formal employment as well as to decision-making positions, including within the framework of the FYDP II. The Government is also asked to provide detailed information on the impact of any such measures in improving equality of opportunity and treatment between men and women in employment and occupation, by means of regularly monitoring and assessing the results achieved. Noting that in the framework of the Universal Periodic Review, the Government indicated that it was in the process of reviewing the National Gender Policy in order to incorporate current emerging issues (A/HRC/WG.6/25/TZA/1, 10 February 2016, paragraph 37), the Committee asks the Government to provide information on any progress made in that regard. It also asks the Government to provide updated statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy. Access of women to education and vocational training. The Committee notes the statistical information provided by the Government and the efforts made to increase the enrolment rate of children in education as a result of the National Strategy on Inclusive Education (2009–17). The Committee notes, however, that according to the 2017 study on “Women and Men in Tanzania – Facts and Figures” carried out by the NBS, the percentage of men with secondary education or above was larger (25 per cent) than women (18.6 per cent); women account for the highest proportion of those who did not attend school (22.3 per cent of women compared to 11.3 per cent of men). Only 0.8 per cent of women attended university. The Committee notes that, according to its 2016 concluding observations the CEDAW expressed concern at the persistence of structural and other barriers to girls’ access to high-quality education, in particular at the secondary and tertiary levels, especially in rural areas, as well as at the continued prevalence of the practice of mandatory pregnancy testing of girls as a precondition for admission to school and their expulsion if found to be pregnant (CEDAW/C/TZA/CO/7-8, paragraph 30). The Committee wishes to stress in that regard that mandatory pregnancy testing and discrimination on the basis of pregnancy constitutes a serious form of sex discrimination. The Committee therefore urges the Government to take all the necessary measures without delay to ensure effective protection of girls and women against discrimination on the basis of pregnancy and mandatory pregnancy testing, including through awareness-raising activities on this serious form of sex discrimination, and to provide information on any progress made in this regard, as well as on the number of girls and women expelled from educational institutions as a result of pregnancy. It also asks the Government to provide information on the concrete measures taken to enhance access for girls and women to higher education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation, including by combatting sexist stereotypes and prejudices which continue to hinder the participation of women in the country’s economy. The Committee asks the Government to provide updated information on the number of men and women enrolled in education and vocational training including information on the share of men and women in the different areas of specialization.
Repetition Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that sections 138(D)(3) and 148(D)(1) of the Sexual Offenses Special Provisions Act, 1998 penalize generally sexual harassment. It also notes that section 7(5) of the Employment and Labour Relations Act (No. 6 of 2004) (ELRA) provides that harassment of employees shall be a form of discrimination and shall be prohibited based on any one of the grounds mentioned in section 7(4) – which includes sex and gender. The Committee notes that in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed deep concern about the high prevalence of violence against women, the reluctance of victims of sexual violence to report cases of abuse to the police because of the stigma surrounding it and the impunity for perpetrators of such violence, in particular teachers (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 22 and 30). The Committee further notes that, in its Human Rights Situation Report (from January to June 2018), the Tanzanian Legal and Human Rights Centre indicated that sexual violence against women and children had increased, and that sexual favours continued to be asked of women in return for access to employment and promotion. Female students were also subject to requests for sexual favours from teachers. Recalling the gravity of sexual harassment which is a serious manifestation of sex discrimination (see the General Survey on the fundamental Conventions of 2012, paragraphs 789–794), the Committee asks the Government to take proactive measures to ensure that its existing legislation is effectively applied in practice in order to prevent and address all forms of sexual harassment in education institutions and at workplaces. It asks the Government to provide information on the measures taken to increase public awareness regarding sexual harassment and of the relevant applicable legislative provisions and procedures and mechanisms available and to encourage victims of sexual harassment to seek redress, and the remedies available. It also asks the Government to provide information on the number, nature and outcome of any complaints or cases of sexual harassment arising in the context of work or education, including the penalties imposed and compensation awarded. Article 2. National equality policy with respect to grounds other than sex. The Committee previously noted that educational activities were carried out by labour officers to raise awareness among employers and workers on the need to promote equality of opportunity in the workplace. With reference to its observation, the Committee, notes the Government’s indication that a generic plan for employers to promote equal opportunity and eliminate discrimination at the workplace is being developed with a view to giving effect to the provisions of sections 7(1) and (2) of the ELRA, and Part III of the Employment and Labour Relations (Code of Good Practice) Rules, 2007, in collaboration with the ILO and employers’ and workers’ organizations. The Committee notes, however, that the Government has not provided information on a national equality policy covering all the grounds of discrimination provided for in the ELRA. The Committee asks the Government to provide information on the development and implementation of any national policy aimed at promoting equality of opportunity and treatment in employment and occupation in order to eliminate any discrimination on the grounds other than sex listed in Article 1(1)(a) of the Convention, and on any other grounds of discrimination prohibited by its national legislation. The Government is also asked to provide information on any steps taken or envisaged in this regard. It asks the Government to provide information on any plan formulated to promote equal opportunity and to eliminate discrimination at the workplace, in virtue of section 7(1) and (2) of the Employment and Labour Relations Act. Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes that, according to the 2016 Formal Sector Employment and Earnings Survey, Tanzanian citizens accounted for 98.9 per cent of total regular employees in the formal sector in 2016, while non-citizens accounted for 1.1 per cent. Non-citizens are mostly employed in manufacturing (30.9 per cent), education (17.8 per cent) and trade (12 per cent). The Committee further notes that according to the data available from the World Bank, migrant workers are likely to be employed in the informal sector. The Committee takes note of section 11(2) of the Non-Citizens (Employment Regulation) Act of 2015, which 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 further notes that according to section 6(1)(d) of the Non-Citizens (Employment Regulations) Regulations of 2016, the Labour Commissioner may not issue a work permit unless he is satisfied that the employer has provided sufficient evidence from recognized job search mechanism that he has been unable to fill the particular post(s) due to a lack of suitably qualified personnel in the Tanzanian labour market. Furthermore, section 9(2)(b) of the Regulations provides that before granting permission for bulk recruitment, the Labour Commissioner must satisfy himself that the employer has made every possible effort to recruit local employees but has been unable to find suitable candidates. The Committee wishes to point out that the Convention requires that the application of legal provisions providing priority to residents in respect of access to employment do not lead to indirect discrimination against non-resident workers on the grounds set out in the Convention (see the 2012 General Survey, paragraph 781). The Committee therefore asks the Government to provide information on the application of section 11(2) of the Non-Citizens (Employment Regulation) Act, as well as sections 6(1)(d) and 9(2)(b) of the Regulations in practice, in order to ensure that such provisions do not involve or lead to indirect discrimination on the ground of race, colour or national origin and effectively ensure equality of opportunity and equality in the treatment of migrant workers in employment and occupation. It asks the Government to provide information on the number of work permits that have been refused by the Labour Commissioner on the ground of the above-mentioned provisions, as well as on any cases of discrimination related to race, colour and national extraction relating to non-citizens that have been dealt with by the competent authorities, as well as on the remedies provided. General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Further, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, 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 draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation. Enforcement. Noting that the Government does not provide information on the application of the Convention in practice, the Committee however notes that, in its concluding observations, the CEDAW was concerned that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, the imposition of legal fees and a lack of legal literacy, especially in rural areas, and more particularly that customary judicial mechanisms to which women most often resort are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any activities undertaken to this end. It also asks the Government to provide detailed information on any cases or complaints concerning discrimination in employment and occupation detected by or reported to labour officers, the courts or any other competent authorities, as well as any decisions and remedies in this regard.
Repetition Article 3 of the Convention. Registered dockworkers. Application of the Convention in practice. The Government indicates in its report that it continues to undertake a number of measures aimed at improving the efficiency of work in ports. The measures adopted include institutional governance reforms of the Tanzania Ports Authority; the expansion of the ports of Dar es Salaam, Mtwara, Tanga and Kigoma; the improvement of port processes and logistics, including in the areas of cargo handling and safety; and fighting practices of corruption. The Government adds that these measures are being undertaken in collaboration and consultation with various stakeholders, including the Dock Workers Union of Tanzania (DOWUTA). The Committee requests the Government to provide more detailed information on the results of the measures adopted to improve the efficiency of work in ports. It also requests the Government to provide up-to-date information on the manner in which the Convention is applied, including extracts from reports, particulars of the numbers of registered dockworkers and of variations in their numbers during the period covered by the next report.
Repetition Article 20(1). Safety of workers in the hold or on the cargo deck of a ship during loading or unloading operations; and Article 26(1)(b). Mutual recognition by Members of the arrangements made for the testing and certification of lifting appliances. The Committee notes the regulations provided by the Government in October 2017 in the context of its new regulations on the general management of safety and health issues in ports. The Government indicates that these regulations were prepared under Act No. 5 of 2003 on occupational safety and health. They consist of the following texts: (i) Regulations on first aid equipment and medical care, GN. No. 147 of 2015; (ii) Regulations on lifting gear, GN. No. 148 of 2015; (iii) Regulations on the building and construction industry, GN. No. 273 of 2015; (iv) General administrative rules, GN. No. 149 of 2015; and (v) Regulations on pressure vessels, GN. No. 274 of 2015. While it notes that these regulations ensure the application of several Articles of the Convention which had been the subject of its previous comments, the Committee nevertheless observes that the information provided is still not sufficient to enable it to assess the manner in which effect is given to Articles 20 and 26 of the Convention. The Committee therefore requests the Government to indicate the measures adopted to: (i) ensure the safety of workers in the hold or on the cargo deck of a ship during loading or unloading operations (Article 20(1)); and (ii) ensure the mutual recognition of the arrangements made by other Members for the testing and certification of lifting appliances (Article 26(1)). Part V of the report form. Application in practice. The Committee notes the statistical data provided by the Government on the inspections carried out in 2015–16 by the Occupational Safety and Health Agency. The Committee requests the Government to continue providing information it considers useful on the manner in which effect is given to the Convention, and to provide information specific to the port sector, such as extracts of the reports of inspection services on the number and the nature of violations reported, the measures adopted in this regard, and on the number of occupational accidents and diseases reported. The Committee also requests the Government to provide any available information on the number of dockworkers protected by the legislation.
