Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - United Republic of Tanzania (Ratification: 1962)

The Committee understands that in Tanzania, workers’ compensation for industrial accidents is governed by the Workers Compensation Ordinance (Cap. 263) and other subsidiary legislation which was consolidated in the Workmen’s Compensation Act (No. 60 of 1966) for mainland Tanzania, and by the Workmen’s Compensation Act (No. 15 of 1986), amended by the Workers’ Compensation (amendment) Act (No. 5 of 2005), for Zanzibar. The Government reports that for mainland Tanzania, a Workers’ Compensation Act (No. 20 of 2008) has repealed the Workmen’s Compensation Ordinance (Cap. 263) and established an occupational accidents and diseases insurance scheme financed by contributions of all employers carrying out a business in Tanzania (section 71(1) of the Act). The Act however has not yet entered into force because measures are in the process of being taken to set up the Workers Compensation Fund (WCF) as the body responsible for administering the scheme. The WCF will inquire on industrial accidents and diseases; adjudicate and decide on issues related to claims, the amounts and the manner of payment of compensation; record statistics and information on the occurrence and causes of accidents and diseases and on the awards of benefits. The Committee notes the statement of the Government that it considers the recording of statistics important in order to effectively administer the scheme and would like to avail itself of the technical assistance of the Office in this matter. The Committee hopes that the Government will take concrete steps to address the request for technical assistance to the ILO, through the ILO Country Office for the United Republic of Tanzania, Kenya, Rwanda and Uganda.

Taking into account that in mainland Tanzania, the Workmen’s Compensation Act (No. 60 of 1966) is still in force, the Committee has deemed it necessary to examine the adopted Workers Compensation Act (No. 20 of 2008), attached to the report on Convention No. 12, in view of its forthcoming entry into force and in order to clarify a number of points with regard to its conformity with the provisions of Conventions Nos 12, 17 and 19.

Convention No. 12. Article 1. Agricultural workers. The Committee notes that the Workers’ Compensation Act (No. 20 of 2008) covers all employees including those in the public service of the Government in mainland Tanzania, and that an employee means any person, including an apprentice but excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive any remuneration (sections 2 and 4). The Committee requests the Government to confirm whether agricultural workers are covered by the 2008 Act.

Convention No. 17. Article 5. Lump sum compensation in the event of permanent incapacity. Section 48(4) of the 2008 Act provides that a person who is permanently disabled at a degree of 100 per cent shall receive a pension at a rate of 70 per cent of monthly earnings before the accident, and in the event of partial permanent disability of less than 100 per cent, the pension shall be proportionate to the degree of incapacity. The person may apply to the WCF and receive a lump sum instead of the pension or a portion of that pension (section 49(1)). Taking into account that Article 5 of the Convention authorizes the conversion of a pension into a lump sum only when the competent authority is satisfied that it will be properly utilized, the Committee requests the Government to evaluate whether the measures it is actually taking to set up the WCF provide for procedures which guarantee that the lump sum compensation shall be properly utilized.

Article 6. Payment of compensation. The Government states that once the WCF has been established and the regulations have been enacted, the question of the processing of payment of compensation shall be taken into consideration. The Committee notes that according to sections 46(3) and 46(4) of the 2008 Act, the employer is liable to pay compensation to victims of industrial accidents during the first month from the date of the accident, which is subsequently reimbursed to the employer by the WCF. The Committee would like the Government to explain how and by whom the compensation is paid after the first month.

Article 7. Additional compensation. The Committee notes that the 2008 Act does not provide for additional compensation in cases where the victim of an industrial accident must have the constant help of another person. In this connexion, the Committee notes the Governments’ statement that the WCF shall have the mandate to look into issues relating to the increase or reduction of compensation depending on the degree of disablement of any employee. The Committee would like to observe that the right to additional compensation guaranteed by Article 7 of the Convention should be expressly recognized by the 2008 Act and should not depend upon the administrative decisions of the WCF.

Article 9. Medical aid. Article 10. Artificial limbs and appliances. The Government reports that according to section 62 of Part VII – Medical Aid and Rehabilitation Benefits, of the 2008 Act, the WCF shall pay the reasonable costs of medical aid required by an industrial accident for maximum two years, and may pay the additional cost for further medical aid when it may reduce the incapacity. Medical aid includes clinical rehabilitation benefits for the physical and psychological recovery of the employee (section 69). The Committee recalls that under Articles 9 and 10 of the Convention, victims of industrial accidents shall be also entitled to free surgical and pharmaceutical aid, the supply and normal renewal of the necessary artificial limbs and surgical appliances. In this connexion, the Committee would like to refer to Article 36 of the Workmen’s Compensation Act of Zanzibar where medical aid includes medical, surgical, hospital treatment, skilled nursing services, medicines and the supply and maintenance, repair and renewal of artificial limbs and appliances. The Committee therefore requests the Government to review the 2008 Act so as to include surgical and pharmaceutical aid for victims of industrial accidents as well as the supply and renewal, free of charge, of artificial limbs and surgical appliances.

Article 11. Insolvency of the insurer. The Committee notes that the 2008 Act does not foresee the payment of compensation for employees in the event of the insolvency of the insurer. The Committee requests the Government to indicate what provisions exist to protect employees in case of the insolvency of the WCF.

Convention No. 19. Article 1. Equality of Treatment. The Committee requests the Government to explain how the equality of treatment is guaranteed by the Workers Compensation Act (No. 20 of 2008).

Finally, with respect to the legislation applicable in Zanzibar, the Committee asks the Government whether it envisages to amend the Workmen’s Compensation Act (No. 15 of 1986) of Zanzibar which puts the liability to the payment of compensation directly on the employer, so as to harmonize it with the Workers Compensation Act (No. 20 of 2008), which sets up a collectively financed insurance scheme against occupational accidents and diseases.