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

Migration for Employment Convention (Revised), 1949 (No. 97) - United Republic of Tanzania.Zanzibar (Ratification: 1964)

Other comments on C097

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Statistical data on migration. The Committee notes the updated statistical information provided by the Government in its report, indicating that from September 2023 to August 2024, approximately 1,609 foreign nationals were working in Zanzibar, and that from July 2023 to June 2024, approximately 4,224 Zanzibari nationals were working abroad. The Committee appreciates the continued efforts of the Government to provide disaggregated data on labour migration flows. Referring to the key points of the October 2024 Policy Brief on Labour Migration Statistics in Tanzania, the Committee recalls that labour migration statistics enable data-driven decision-making processes by providing valuable insights for policymakers to address challenges and optimize opportunities in the labour migration sector. Thus, the Committee requests the Government to continue providing detailed data in future reports, disaggregated by sex, by sector of employment, nationality (for incoming migrant workers), and destination country (for Zanzibari emigrant workers). It also encourages the Government to indicate the sources of such data, including whether it is based on work permit issuance, border entry/exit records, labour force surveys, or other means.
Article 1 of the Convention. National policies and legislation on migration. The Government’s indicates that, while a comprehensive migration policy has not yet been developed, issues related to labour migration are currently addressed under the Employment Policy, which is under review with the support of the ILO Office in Dar es Salaam. The Committee further notes the Government’s reference to the Zanzibar Employment Policy of 2009 (Policy No. 3.2.15), the Employment Act No. 11 of 2005, the Tanzania Immigration Act (Cap 54, revised 2016), and the Zanzibar Social Security Act No. 2 of 2005, as relevant instruments governing labour migration in Zanzibar. The Committee welcomes the indication that the revised Employment Policy is expected to enhance the treatment of labour migration in line with the provisions and principles of the Convention. In this regard, it also notes that, in September 2024, the ILO and the International Organization for Migration (IOM) agreed to strengthen their collaboration in Tanzania to support evidence-based policy development on labour migration through improved data collection, analysis and utilization. The Committee requests the Government to: (i) to provide a copy of the revised Employment Policy once adopted and to specify any concrete legislative or institutional measures foreseen to strengthen the governance of both immigration and emigration in Zanzibar; (ii) indicate how coherence and coordination are ensured between the national and Zanzibar-level frameworks on labour migration; and (iii) clarify whether specific provisions exist to guarantee the protection of migrant workers’ rights in practice, in line with the Convention.
Article 2. Free services to assist migrant workers. The Committee notes the Government’s detailed information on the services provided to migrant workers in Zanzibar. It notes that the Information Centre at the Ministry of Labour, established in 2010 with ILO assistance, provides jobseekers and migrant workers with guidance on employment opportunities and procedures to be followed by both migrant workers and employers. The Government reports that, with the support of stakeholders such as the Hotel Workers’ Association (CHODAWU), private employment agencies (such as Blue Agency), the Zanzibar Economic Empowerment Agency (ZEEA), and the People’s Bank of Zanzibar, migrant workers benefit from a range of additional services, including: (1) pre-departure information and guidance on employment and travel requirements; (2) financial literacy training for outbound migrants; (3) capacity-building support for returning migrants, including support for small-business creation; and (4) psychological counselling for migrant workers facing challenges during employment abroad. The Committee further observes that migrant workers in Zanzibar enjoy free legal aid services, including access to the Industrial Court, Labour Commission, and Dispute Handling Unit, on an equal basis with national workers. The Committee also notes the Government’s reference to bilateral memoranda of understanding (MOUs) signed with destination countries such as Bahrain, the Sultanate of Oman, and Qatar, under which Zanzibari workers may access free legal services and dispute-resolution mechanisms through the respective Ministries of Labour and diplomatic missions. The Committee welcomes these efforts and encourages the Government to continue strengthening institutional support for migrant workers throughout the migration cycle. The Committee requests the Government to: (i) report on the power, activities and outreach of the Information Centre, including the number of beneficiaries served and whether services are available in languages understood by migrant workers; and (ii) provide copies or summaries of any specific provisions relating to the rights and protection of migrant workers included in the MOUs signed with destination countries.
Article 6(1)(a)–(d). Equality of treatment. Enforcement. The Committee remarks that, during the reporting period, four complaints were filed by migrant workers before the Dispute Handling Unit, concerning basic labour rights violations. It notes that two of the complaints related to wage issues, while the other two concerned unfair termination of employment. The Committee further notes that the Labour Commission carried out a total of 337 labour inspections (223 in Unguja and 114 in Pemba) and that 216 of these were special inspections related to the new minimum wage applicable to both national and migrant workers. The Committee welcomes the steps taken to monitor and enforce labour standards for migrant workers and recalls the importance of ensuring that migrant workers are fully aware of their rights and of the mechanisms available to seek redress, including after the end of their employment. The Committee requests the Government to continue providing: (i) data on the number and nature of complaints filed by migrant workers, disaggregated by sex, nationality, and sector; and (ii) information on the outcomes of the cases handled by the Dispute Handling Unit, including any remedies granted. Please indicate whether targeted outreach or rights-awareness campaigns are conducted to inform migrant workers of available remedies, including post termination.
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