Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - United Republic of Tanzania (Ratification: 1962)

Referring to its previous comments raising a number of issues under Articles 3, 5, 7, and 11 of the Convention, the Committee notes that the Government’s report merely refers to a 2005 amendment of the Workmen’s Compensation Act (WCA) (adopted by the House of Representatives of Zanzibar in 1986) and indicates that a new act is now regulating the national service and army in special departments. The Committee is therefore bound to request the Government to indicate in its next report the concrete measures taken in order to bring the WCA into conformity with each of the following provisions of the Convention and to supply copies of newly adopted acts or regulations.

Article 3, paragraph 2, of the Convention (in relation with Article 2). Workers excluded from industrial accident insurance. (a) The Committee notes that section 2(a) and (b) of the WCA excludes employees of the Special Department and the Union Government. It recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention. The Committee requests the Government to provide information on the compensation scheme applying to employees of the Special Department and the Union Government.

(b) Section 2(d) of the above Act authorizes the Minister of Labour to exempt from the coverage of the Act any class of workers. The Committee would be grateful if the Government would indicate the classes of workers which have been excluded under this provision of the Act and, where appropriate, the protection by which they are covered.

Articles 5 and 7. Periodical payments in the event of death or permanent incapacity. The Committee notes that sections 10, 11 and 12 of the above Act provide for the payment of compensation in the form of a lump sum in the event of death or permanent incapacity, as well as in the case that the injured worker needs the constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total and partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to bring the national legislation into conformity with these Articles of the Convention.

 Article 11. Obligation to subscribe to an insurance scheme. By virtue of sections 8(1) and 48(c) of the WCA, the Minister of Labour may require any employer or class of employers to subscribe to an insurance scheme. The Committee requests the Government to provide information on the classes of employers upon whom this obligation of insurance has been imposed.