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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - United Republic of Tanzania (Ratification: 2000)

Articles 2 and 3 of the Convention. Right of workers and employers, without distinction whatsoever, to establish organizations without previous authorization. Right of organizations to organize their activities and to formulate their programmes freely. In its previous comment, the Committee expected that the Government would bring the Employment and Labour Relations Act (ELRA) (No. 6 of 2004) and the Public Service (Negotiating Machinery) Act (No. 19 of 2003) into conformity with the Convention. While observing that the labour legislation has been revised through the adoption of the ELRA 2023 and the Public Service (Negotiating Machinery) Act 2023, the Committee regrets that the following previously raised issues were not addressed:

• the need to amend section 2(1)(iii) of the ELRA 2004 (now section 2(1)(c) of the ELRA 2023) so as to ensure that prison guards enjoy the right to establish and join organizations of their own choosing;
• the need to amend section 2(1)(iv) of the ELRA 2004 (now section 2(1)(d) of the ELRA 2023) so as to clearly indicate that only the military members of the national service are excluded from the scope of the Act;
• the need to amend section 76(3)(a) of the ELRA 2004 (now section 77(3)(a)) of the ELRA 2023), which prohibits picketing in support of a strike or in opposition to a lawful lockout;
• the need to amend section 26(2) of the Public Service (Negotiating Machinery) Act 2003 (now section 26(2) of the Public Service (Negotiating Machinery) Act 2023) to align it with the relevant provisions of the ELRA 2023, which also applies to workers in the public service; and
• the need to ensure that any service designated as essential by the Essential Services Committee pursuant to section 77 of the ELRA 2004 (now section 78 of the ELRA 2023) is based on the strict definition of the term.

The Committee notes the Government’s indication that measures to bring the legislation into conformity with the Convention have been initiated. The Government also indicates that it is in the process of implementing recommendations submitted by the Commission on Criminal Justice Reforms, which include matters relating to the Tanzania Prison Service. The Government adds that the above-mentioned issues will be discussed in the forthcoming meetings of the National Tripartite Council. The Committee firmly expects that the Government will provide with its next report full details on the measures taken in consultation with the social partners to bring the legislation into conformity with the Convention on the above-mentioned issues.

Regarding the practical application of sections 4 and 85 of the ELRA 2004 (now sections 4 and 86 of the ELRA 2023), which prohibit protest action in case of a dispute in respect of which a legal remedy exists, the Committee notes the Government’s indication that, these provisions were adopted following a tripartite consultation. The Committee further notes the Government’s indication that it will request ILO technical assistance to organize a tripartite workshop to better understand the issue. While acknowledging that the resolution of legal conflicts arising as a result of a difference in the interpretation of a legal text should be left to the competent courts, the Committee reiterates its concern that prohibiting all protest actions in respect of disputes for which a legal remedy exists may unduly interfere with the exercise of trade union rights,the Committee requests the Government to provide detailed information on the outcome of the tripartite discussions on this matter.

Zanzibar

Articles 2 and 3 of the Convention. In its previous comments, the Committee requested the Government to ensure that judges and all judiciary members, members of special departments, and employees of the House of Representatives were granted the right to organize and to provide relevant pieces of legislation in this regard.

The Committee further expected that the Government would amend the following provisions of the Labour Relations Act (No. 1 of 2005) (LRA):

• 1. section 42, so that trade unions have the power to manage their funds without undue restrictions from the legislation;
• 2. section 42(2)(j), to ensure that trade unions do not require the approval of the Registrar on the institution which they may choose to contribute to; and
• 3. section 64(1) and (2), so that the prohibition of the right to strike only extends to public servants exercising authority in the name of the State or to essential services in the strict sense of the term.

The Committee further recalls that it raised the issue of advance notice under sections 63(2)(b) and 69(2) of the LRA and recalled that the period of advance notice should not be an additional obstacle to bargaining, with workers in practice waiting for its expiry in order to be able to exercise their right to strike. The Committee noted the Government’s indication that while the advance notice period for strikes is different from the one for protest action, efforts would be made in consultation with stakeholders to take into account the issues raised by the Committee.

The Committee notes that the Government reiterates that all labour laws are undergoing review and that it renewed request for technical and financial assistance from the Office to that end. The Government further indicates that the matter of advance notice will be discussed during the forthcoming amendments with a view to reducing the period of advance notices for protest actions. Recalling that it has been requesting the Government to review the LRA for a number of years, the Committee expects that all necessary measures will be taken, in consultation with the social partners and technical assistance of the Office to address the points above. The Committee requests the Government to provide a copy of the LRA and any other relevant legislation once amended.