VZCZCXRO9818
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHDR #0129/01 0401512
ZNR UUUUU ZZH
R 091512Z FEB 10
FM AMEMBASSY DAR ES SALAAM
TO RUEHC/SECSTATE WASHDC 9384
RUEHC/DEPT OF LABOR WASHINGTON DC
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHJB/AMEMBASSY BUJUMBURA 3172
RUEHKM/AMEMBASSY KAMPALA 0145
RUEHLGB/AMEMBASSY KIGALI 1649
RUEHNR/AMEMBASSY NAIROBI 1617
UNCLAS SECTION 01 OF 07 DAR ES SALAAM 000129
SIPDIS
DEPARTMENT FOR AF/E JTREADWELL; DRL/ILCSR SMORGAN; GTIP
LCDEBACA, RYOUSEY
LABOR FOR ILAB LSTROTKAMP, RRIGBY, TMCCARTER
E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI TZ
SUBJECT: TANZANIA: CHILD AND FORCED LABOR REPORT
REF: 2009 STATE 131995
1. This cable responds to questions in reftel.
TASK 1: Trafficking Victims Protection Reauthorization Act
(TVPRA) - Forced labor and/or Exploitative Child Labor in the
Production of Goods
Agricultural Products Q Sisal, Cashew, Tea, Coffee
--------------------------------------------- -
1A-E. According to the Child Labor Unit within the Ministry
of Labor, Employment, and Youth Development (Ministry of
Labor), children are not directly employed in the commercial
production of coffee, tea, sisal, and cashew. There is broad
agreement among international organizations, NGOs, and
Ministry officials that large-scale producers have a firm
understanding of the child labor laws and do not directly
employ children. However, the Coordinator of the Child Labor
Unit said that children do assist their parents with
agricultural activities on plantations. The Tanzanian
representative from the International Union of Food,
Agriculture, Hotels, Tourism and Allied Workers Union (IUF)
as well as representatives from the Ministry of Community
Development, Children and Gender Affairs and the ILO
confirmed this assertion.
ILO clarified that while the children may technically be
working on plantations, it is usually within the context of
tenant farmer arrangements. Plantation owners typically
lease land to smallholder farming families who in turn sell
their harvest back to the commercial entity for distribution.
In order to increase their yield and thus their income, some
families enlist the help of their children. Financial
limitations precluded the Ministry of Labor from conducting
widespread inspections of these operations. Further, the
tenant farmer arrangement makes it more difficult for Labor
Officers to detect child labor as these "workers" are not
formally listed on the plantation's list of employees. The
nature and extent of the problem with respect to these tenant
farmer arrangements are not known. However, the Association
of Tanzanian Employers has begun working with the large
commercial agricultural entities to ensure they include a
provision in their tenant contracts that precludes the use of
child labor on leased plots.
1F. ILO, in collaboration with the government of Tanzania
(GOT) continued its efforts to remove children from the most
abusive forms of child labor through the Time Bound Program
(TBP). The sectors involved included commercial agriculture,
mining, fishing, and domestic work. Between 2007 and 2009,
the TBP prevented and withdrew 22,000 children from the worst
forms of child labor. In addition, NGO Winrock International
worked closely with the government to withdraw children in
rural areas from child labor in cotton, tobacco, and animal
herding through a number of targeted education programs.
Since its inception in 2006, Winrock's TEACH program has
withdrawn or prevented 6,500 children ages five to 17 from
child labor. Between March and September 2009, TEACH
identified, registered and enrolled a total of 779 children
(251 female and 518 male) in its programs. Of these, 68 were
in pre-primary school program, 242 in Complementary Basic
Education (COBET), and 469 in the vocational agriculture
program. Winrock has successfully used a network of
volunteers to assist it in monitoring those children
withdrawn from child labor to ensure they do not return and
to continue efforts to educate communities about child labor.
These awareness-raising efforts have led regional and
district officials to consider child labor issues in
budgeting decisions.
Other Goods Q Tanzanite, Gold, Cloves, Fish/Seaweed Harvest
--------------------------------------------- --------
1A-F. While tanzanite, gold, cloves, and fish were also on
the list of goods produced with child labor in Tanzania, the
ILO, Ministry officials, and NGO representatives stated that
child labor was used only in artisanal mining and family
based fishing and clove harvests. In particular, government
officials noted a high degree of awareness about child labor
laws in commercial mining operations as well as commercial
agriculture.
2. TASK 2: Trade and Development Act of 2000 (TDA) -
Exploitative Child Labor
2A. Prevalence and Sectoral Distribution of Exploitative
DAR ES SAL 00000129 002 OF 007
Child Labor
Instances of child labor outside the home occur primarily in
the informal sector, which according to the World Bank
accounts for over 50 percent of the economy. The use of young
girls, known as house girls, for forced domestic labor
continues to be the greatest child labor problem in Tanzania,
according to Ministry officials, NGOs, and the Conservation,
Hotels, Domestic, and Allied Workers Union (CHODAWU).
According to CHODAWU and Kiota Women's Health and Development
Organization (KIWOHEDE), girls engaging in domestic work
primarily come from the regions of Iringa, Singida, Dodoma,
Mbeya, Morogoro, and Bukoba. While some individuals serve as
brokers, bringing girls to urban centers to work as
domestics, often the girls' relatives are involved in
establishing these working arrangements.
Children also work as street vendors and shop keepers as well
as in small scale agriculture, family based businesses, and
prostitution.
In 2006, the National Bureau of Statistics conducted an
Integrated Labor Force Survey (ILFS). This survey provides
the only available data on child labor. The Ministry of
Labor does not have the capacity to routinely collect data on
child labor. Furthermore, the nature of the problem in
Tanzania, being concentrated in the informal sector, makes
its quantification particularly problematic.
2B. Laws and Regulations
In November 2009, Parliament passed the Child Act, which
prohibits the employment of a child in any form of
exploitative labor. The Act defines exploitative labor as
that which threatens the health and development of children,
exceeds six hours per day, fails to provide adequate
compensation, or is inappropriate given the child's age. The
Act also prohibits forced child labor, the participation of
children in hazardous work, and the sexual exploitation of
children. Further, it specifies that these provisions relate
both to the formal and the informal sectors. The Act
authorizes Labor Officers to make inquiries into suspected
violations, requiring them to report violations to the police
as well as the Department of Social Welfare.
The Act does not specify fines for violations related to
exploitative labor, hazardous work, or forced labor; however,
persons who force children into prostitution or to engage in
pornography are subject to a fine between one and five
million shillings (between USD 750 and 3,750) and/or one to
20 years in prison.
According to ILO, in addition to legislation at the national
level, some district governments have incorporated
prohibitions on child labor in their by-laws. Penalties at
the local level vary by district, but ILO suspects they are
less burdensome than the national penalties. Although it has
no means of tracking their success, ILO believes these
mechanisms to be an effective means of reducing child labor.
Community Development Officers, who operate at the Ward and
District levels, are often in a better position than regional
or district Labor Officers to identify instances of child
labor and bring them to the attention of local authorities.
As a result, ILO notes that child labor cases typically arise
at the community level, making local regulations more
important.
Tanzania's Anti-Trafficking in Persons Act (2008), which was
passed in 2008 and covers both the Mainland and Zanzibar,
came into effect in February 2009. Persons who are found
guilty of trafficking a child, including for the purposes of
sexual exploitation or prostitution, are subject to a fine
between five million and 150 million shillings (between USD
3,750 and 113,000) and/or a prison term of ten to twenty
years.
The county's legal and regulatory framework provides adequate
means of addressing exploitative child labor. However, these
laws have not been rigorously tested in court. Further, it is
likely that the vast majority of the population is unaware of
the penalties for violating child labor laws. As a result,
it is not clear if the penalties are severe enough to serve
as a deterrent. Ignorance of the law coupled with the overall
weak enforcement capabilities of the Ministry of Labor
certainly undermine the efficacy of the law.
DAR ES SAL 00000129 003 OF 007
2C. Institutions and Mechanisms for Enforcement
Section I: Hazardous Child Labor; Section II: Forced Child
Labor
Although Tanzania has drafted a list of the hazardous forms
of child labor, it has yet to be officially adopted. The
list is used informally by Ministry officials and
representatives of NGOs and International Organizations.
Because of the government's limited enforcement capacity,
there is no practical distinction between enforcement of
hazardous and forced child labor laws.
1. The Ministry of Labor has the lead on issues related to
child labor, but collaborates closely with the Ministries of
Community Development, Gender and Children; Home Affairs;
Education; Agriculture; and Health and Social Welfare, as
well as the Regional Affairs and Local Government Office
within the Office of the Prime Minister.
2. The Ministry of Labor has sole responsibility for
enforcement of child labor laws. However, the National
Intersectoral Committee on Child Labor in the Office of the
Prime Minister, which includes representation from the
aforementioned ministries and the NGO community, facilitates
collaboration on child labor issues. This committee has been
effective in drawing attention to the issue of child labor
and improving coordination between ministries. It was
instrumental in drafting the National Plan of Action on Child
Labor, published in June 2009.
3. Complaints can be lodged with Labor Officers at the
regional level. The Labor Officers then follow up with an
inspection of the facility in question. There is no
systematic means of tracking complaints within Tanzania. The
Child Labor Unit within the Ministry of Labor could not
provide data on the number of complaints received in 2009.
4. The budget for the Department of Labor within the Ministry
of Labor was one billion shillings (less than USD 800,000) in
2009. The Department of Labor allocates a certain portion of
its budget to the Child Labor Unit, but the Child Labor Unit
does not have an independent budget. The Coordinator of the
Child Labor Unit was unable to provide his unit's annual
budget; however, he said the funds are insufficient to
support the unit's activities. In 2009, the Unit funded few
of its stated priorities. For example, although the Unit
funded the celebration of International Children's Day, it
was unable to fund a program to provide conditional grants to
poor families with children at risk of engaging in child
labor. Furthermore, with only 90 Labor Officers and few
material resources, the Unit has limited abilities to carry
out inspections. The Ministry of Labor's Department of Labor
only has one vehicle, designated for use by the Labor
Commissioner. When he is not using it, Labor Officers are
able to borrow it to conduct inspections. Labor Officers
outside of Dar es Salaam face even greater challenges, with
few vehicles and limited alternative forms of transportation.
5. The Ministry of Labor employs roughly 90 Labor Officers,
responsible for a wide range of labor-related activities,
including inspections. The Ministry does not have any
dedicated inspectors. There are Labor Officers in every
region, but not in every district. The number of officers is
inadequate given the population and geographic size of
Tanzania. They are overburdened and lack the resources to
travel to sites and conduct inspections.
6. In 2009, a total of 324 inspections were carried out. The
Child Labor Unit was unable to provide a breakdown based on
whether the inspection was complaint-driven, random, or
government-initiated. However, the Coordinator did note that
the Unit piloted its new inspection guidelines. The low
number of Labor Officers and the lack of material resources
limits effective enforcement of child labor laws. The number
of inspections was not adequate.
7. During the 2008/2009 budget cycle (July 1-June 30), a
total of 29,078 children were withdrawn or prevented from
entering child labor. Rahma Mshangama, the Principal
Secretary in the Zanzibar Ministry of Employment, Youth,
Women and Children, reported that 2,000 children were rescued
from child labor in the fishing and seaweed farming
industries on the islands between 2007 and 2009.
DAR ES SAL 00000129 004 OF 007
The Child Labor Unit was unable to provide data on the number
of children withdrawn from child labor as a result of its
inspections. Typically, children withdrawn from child labor
are assisted by Social Welfare Officers, who refer them to
NGOs for assistance in reunifying with their families,
returning to school, or entering vocational training
programs.
8. According to the Child Labor Unit, there were no child
labor cases in 2009. However, ILO indicated that child labor
cases are typically heard in the primary courts. However,
these cases are not well documented.
9. No child labor cases were closed in 2009. (See 8 above)
10. According to the Child Labor Unit, there were no
violations or prosecutions under child labor laws in 2009.
11. On average, it takes two to five years for a case to be
heard in Tanzanian courts.
12. As there were no convictions in 2009, there is no
information regarding penalties or sentences served.
13. Despite poor data and a lack of prosecutions, the GOT is
committed to, and made efforts to combating child labor. The
government collaborated with NGOs by providing technical
expertise in agriculture, qualified trainers, as well as the
necessary allowances and in some cases a budget to support
child labor-related activities. For example, the Igunga
District Council set aside Tanzanian seven million shillings
(USD 5,200) for child labor-related activities during the
year.
14. The Department of Labor includes a session on child labor
in its Labor Officer training course. There was no dedicated
training on child labor for Labor Officers during the year.
2D. Institutional Mechanisms for Effective Enforcement
Section I: Child Trafficking; Section II: Commercial Sexual
Exploitation of Children; Section III: Use of Children in
Illicit Activities
Given the limited resources of the GOT, it does not have
units dedicated to these individual issues. The responses
below apply to trafficking, commercial sexual exploitation
(CSEC), and the use of children in illicit activities. Where
information specifically relates to one of the aforementioned
forms of child labor, it is noted below.
1. There are no agencies or personnel dedicated to child
trafficking, CSEC, or the use of children in illicit
activities. An officer in the Interpol office within the
police force had responsibility for trafficking. However,
during the year, he was transferred from this office. A new
point of contact has yet to be identified. All
investigators, prosecutors, and social workers work on such
cases as the demand arises.
2. There is no discrete budget for efforts to combat child
trafficking, CSEC, or the use of children in illicit
activities. In general, resources are insufficient to carry
out investigations.
3. Tanzanians can use the Interpol hotline to report
offenses. However, there is no dedicated hotline for child
trafficking, CSEC, or the use of children in illicit
activities. Several NGOs, including KIWOHEDE, maintain
hotlines as well.
4. Information regarding the number of ongoing investigations
into CSEC, or the use of children in illicit activities was
not available. The Director of Public Prosecution reports
that there are several cases of trafficking under
investigation, including that of two Kenyan children
trafficked to Tarime. On December 13, police in the Tarime
District (near Lake Victoria) arrested a man for abducting
two children, ages four and eight, from Isebania, Kenya and
attempting to sell them at a mining site in the Nyamongo
area. The number of CSEC or investigations into the use of
children in illicit activities is not known.
5. Information regarding the total number of children rescued
DAR ES SAL 00000129 005 OF 007
as a result of investigations into trafficking, CSEC, or the
use of children in illicit activities was not available.
However, two children trafficked from Kenya to Tarime
district, Tanzania, were returned to their parents in
December 2009.
6. There was one arrest made in the aforementioned
|ra/F!k-zr%+7lgh0dh$ QM204VQof closed or resolved
cases involving trafficking, CSEC, or use of children for
illicit activities was not available. However, in March
2009, a Rwandan woman who had attempted to traffic a
Tanzanian child to France was convicted under the penal code
by authorities in Mlandizi and paid a fine of Tanzanian
shillings 300, 000 ($220) (Note: Although the woman was
sentenced after the Anti-Trafficking Act came into effect,
she was tried under the penal code due to the timing of the
offense and hearing. End Note).
8. There were no convictions under the new anti-trafficking
law during the year. Information detailing the number of
convictions for CSEC or the use of children in illicit
activities was not available.
9. Information regarding the adherence to minimum standards
in sentencing was not available.
10. Information about whether sentences were actually served
was not available.
11. On average, it takes two to five years for a case to be
heard in Tanzanian courts.
12. Topics such as trafficking in persons and CSEC are
covered in basic training courses for new police officers,
investigators, and prosecutors. In coordination with the
U.S. Department of Justice, between September 2008 and April
2009 50 prosecutors in five regions were trained on the new
Anti-Trafficking legislation.
13. There was no armed conflict in Tanzania in 2009.
2E. Government Policies on Child Labor
1. In June 2009, the Ministry of Labor released the National
Action Plan for the Elimination of Child Labor. Drafted in
collaboration with key stakeholders and numerous ministries,
the Plan outlines the core elements of the strategy to
eliminate child labor, including poverty alleviation,
capacity building for enforcement and protection mechanisms,
educational system strengthening, and monitoring and
evaluation systems. It specifies the actions to support each
of these elements and names the lead agency as well as
collaborating agencies responsible for implementing these
programs. The Ministry of Labor's Department of Labor is the
lead actor for the majority of the Plan's activities.
The National Costed Plan of Action for Most Vulnerable
Children (NCPA) establishes Most Vulnerable Children
Committees (MVCC) at the ward and village level, which assist
with the identification of children at risk of or involved in
child labor. UNICEF commented that the MVCC were effective in
providing material support to children at the village level,
but capacity constraints precluded them from offering
services, such as counseling or protection.
The government revised the Child Development Policy to
include prohibitions against the worst forms of child labor.
2. Child labor is addressed in Tanzania's poverty reduction
strategy paper, known as the MKUKUTA. The target for 2010 is
to reduce child labor to less than ten percent. Zanzibar's
PRSP, known as the MKUZA, has a similar target.
3. The GOT did not allocate any additional funds to the
Department of Labor in order to implement the provisions of
the National Action Plan for the Elimination of Child Labor
or ensure that Tanzania meets its PRSP targets.
4. The government did not provide any non-monetary support to
child labor activities.
DAR ES SAL 00000129 006 OF 007
5. During the year, the GOT established a Child Labor
Monitoring System (CLMS) to coordinate all national efforts
related to child labor. In addition, it worked at the
district level to establish child labor committees. Some
district councils amended their by-laws to include child
labor and truancy provisions. Finally, child labor issues
were integrated into the Complementary Basic Education
(COBET) curriculum and the teacher training college
curriculum.
6. The Intersectoral Committee on Child Labor was effective
and active during the year. As previously noted, it drafted
the National Action Plan for the Elimination of Child Labor.
7. The government did not sign any bilateral, regional, or
international agreements on trafficking during the year.
2F. Social Programs to Eliminate or Prevent Child Labor
1. The Tanzania Education Alternatives for Children (TEACH)
Program, a five year partnership project between the mainland
Ministries of Labor and Education and the U.S.-based NGO
Winrock International, began in 2006 and continued working in
remote districts to reduce the overall number of children
engaged in the worst forms of child labor. Since its
inception in 2006, Winrock's TEACH program has withdrawn or
prevented 6,500 children ages five to 17 from child labor.
Between March and September 2009, TEACH identified,
registered and enrolled a total of 779 children (251 female
and 518 male) in its programs. Of these, 68 were in pre-
primary school program, 242 in Complementary Basic Education
(COBET), and 469 in the vocational agriculture program.
The GOT worked with the ILO-IPEC to implement Phase II of the
U.S. Department of Labor-funded Time-bound Program (TBP) to
eliminate the worst forms of child labor by 2010, targeting
agriculture, domestic service, mining, fishing, and
prostitution. The Ministry of Labor's Child Labor Unit
worked with the TBP to provide training for district child
labor coordinators and officials to increase their capacity
to combat the worst forms of child labor. TBP operated in 16
districts during 2009. With the project's closure at year's
end, 22,000 children were withdrawn or prevented from child
labor under the TBP.
2. The National Action Plan for the Elimination of Child
Labor calls for child labor to be addressed by specific
poverty reduction, educational, and social welfare programs.
However, the Plan, published in June 2009, has yet to be
implemented (See 2E, part 1).
3. According to the Child Labor Unit, there were no
additional funds provided for the child labor activities
outlined in the National Action Plan for the Elimination of
Child Labor.
4. The government did not provide any non-monetary support to
child labor programs.
5. The initiatives described above were aided by the
establishment of the Child Labor Committees as well as the
efforts of Community Development Officers (CDOs) and Social
Welfare Officers (SWOs). There are roughly 3,000 Community
Development Officers (CDOs) working at the ward and district
levels and more than 140 SWOs working in more than half of
the districts in Tanzania. The CDOs and SWOs work closely
with one another to identify and withdraw children from child
labor. Given that SWOs are only in a limited number of
districts, CDOs are instrumental in making referrals to SWOs,
who have the authority to remove a child from an exploitative
situation.
6. No bilateral, regional, or international agreements on
trafficking were signed in 2009.
2G. Continual Progress
In 2009, the lack of funding continued to hamper progress in
monitoring and enforcement of child labor laws. However,
given the nature of the problem in Tanzania, prosecutions,
while important, may not serve the desired purpose of
improving the lives of children. Efforts to make parents and
guardians aware of the dangers involved in sending their
children to work in cities or keeping them out of school are
DAR ES SAL 00000129 007 OF 007
critical. As evidenced by the development of the National
Action Plan for the Elimination of Child Labor, the formation
of child labor committees and the strong partnership among
stakeholders, there is a strong commitment within the
government to address the problem. NGOs noted that
government efforts to increase the number of secondary
schools in rural areas have helped reduce the number of girls
coming to the cities. In addition, the efforts of the GOT
and partner NGOs to raise awareness are helping reduce the
incidence of child labor. However, high levels of poverty
and HIV/AIDS continued to make Tanzanian children vulnerable
to exploitation in the labor market.
LENHARDT