Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Republic of Tanzania (Ratification: 2002)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

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.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.