Aligning Tanzania’s labour laws with ILO standards

© ILO

© ILO

Dodoma, Tanzania (ILO News) - The Better Regional Migration Management (BRMM) programme in collaboration with the Trade Union Congress of Tanzania (TUCTA), organized a Tripartite Technical Meeting on the Legal Gaps Analysis of ILO Conventions C97, C143, and C190 from July 29 to August 2, 2024, in Dodoma, Tanzania. This meeting assessed the alignment of Tanzanian laws, regulations, and policies with these key ILO conventions. The conventions in focus were C97 (Migration for Employment Convention), C143 (Migrant Workers Convention), and C190 (Violence and Harassment Convention), which collectively seek to protect migrant workers' rights, promote fair employment practices, and ensure safe working environments free from violence and harassment.

The meeting brought together a diverse group of stakeholders, including representatives from government ministries, workers' organizations, employers' associations, and other key partners such as the Prime Minister’s Office, the Ministry of Home Affairs, and the Zanzibar Trade Union Congress. Participants conducted a comprehensive review of Tanzanian legislation, identifying critical legal gaps and inconsistencies with the provisions of the three ILO conventions. The objective was to generate actionable recommendations that would support Tanzania's progress toward ratifying and implementing these conventions, thereby enhancing the protection of migrant workers and ensuring compliance with international labour standards.

During the meeting, the analysis revealed significant gaps in the Tanzanian legal framework regarding the protection of migrant workers, particularly concerning C97 and C143, which address the rights of migrant workers, and the measures needed to combat irregular migration.

© ILO

© ILO

Tanzania has not yet ratified these conventions, resulting in a lack of comprehensive legal protections for migrant workers. Participants noted the need for enhanced policy coherence, the importance of ensuring migrant workers' rights are upheld, and the necessity for government to take a proactive approach in aligning national legislation with international standards. Participants underscored the importance of ongoing collaboration among stakeholders to address these legal gaps effectively. In addition, the need for stronger legal provisions to ensure equal treatment, access to social security, and protection against exploitation was emphasised.

The meeting also focused on Convention C190, which targets violence and harassment in the workplace, including gender-based violence. The analysis underscored the absence of specific legal provisions addressing workplace violence and harassment in Tanzania. Participants discussed the importance of adopting a holistic approach to combatting these issues, including the establishment of clear definitions, prevention measures, and redress mechanisms. There was a consensus on the need to create safe and respectful work environments that protect all workers, including migrants, from violence and harassment.

Key recommendations from the meeting included conducting pre-ratification assessments for the conventions to identify specific areas where national laws need adjustment. Participants called for amending existing labour laws to integrate the principles of C97, C143, and C190, thereby aligning Tanzania's legal framework with international standards. Enhancing collaboration among stakeholders was highlighted as crucial for driving the legislative reforms needed to protect migrant workers’ rights. Additionally, there was a call to raise public awareness and build capacity among government officials, employers, and workers to better understand and implement the provisions of these conventions.

The meeting concluded with a commitment from all parties to work collaboratively towards the ratification and implementation of these conventions. An action plan was developed to guide the way forward, focusing on legal reforms, capacity building, and strengthening tripartite collaboration. The plan outlines steps to harmonise national laws with international standards, promote fair recruitment practices, and ensure safe and dignified working conditions for all workers, particularly migrants. Participants also stressed the importance of continued dialogue and engagement with migrant workers to ensure their voices are heard and their rights are respected.

The outcome of this meeting marks a crucial step forward in Tanzania's efforts to improve labour migration governance and protect migrant workers' rights. By addressing the identified legal gaps and working towards ratification of ILO Conventions C97, C143, and C190, Tanzania aims to enhance the legal protections for migrant workers, promote decent work, and contribute to sustainable development.