2008 TANZANIA CHILD LABOR REPORT

UNCLAS SECTION 01 OF 03 DAR ES SALAAM 000061

SIPDIS

DEPARTMENT AF/E FOR JLIDDLE; DRL/ILCSR FOR TDANG
FOR DOL/ILAB: TMCCARTER

E.O. 12958: N/A
TAGS: ELAB EIND ETRD PHUM SOCI USAID TZ
SUBJECT: 2008 TANZANIA CHILD LABOR REPORT

REF: 2008 STATE 127448


1. This cable is in response to guidance in reftel.

Incidence and Nature of Child Labor:
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2. The use of young girls, known as house girls, for forced domestic
labor is the greatest child labor problem in Tanzania. No
statistics exist to delineate this problem. In broader terms, the
2006 Integrated Labor Force Survey (ILFS),conducted by the National
Bureau of Statistics (NBS),estimated the population of children
aged 5-17 at 12,083,349, about 31% of the approximately 40 million
total population. The survey found that 21% of children aged 5-17
were engaged in child labor outside of the home, while 70% were
engaged in home-based income generating activities; 85% were engaged
in "work" more broadly defined, including both home-based income
generating activities and unpaid household, childcare and
agricultural work.


3. According to the ILO, the key problem with the persistence of
trafficking and child labor in agriculture, mining and fishing lies
with the small, often family, enterprises. Although children are
engaged in small-scale, home-based agriculture, children are rarely
employed in large-scale agriculture, including for tea, coffee,
sugar cane, sisal, clove and tobacco production. Similarly, it is
in small-scale rather than industrial gold and tanzanite mining that
child labor is seen. According to the Director of the Good Hope
Project, which rescues children from the Tanzanite mines, the mining
companies support the project's work and refer children to it. Good
Hope sees the biggest challenge as parents and youths who prefer to
seek immediate riches over the long term benefit of education. On
Zanzibar, in addition to small-scale agricultural work, children
often engage in work on small fishing boats. Instances of child
labor outside of the home occur primarily in the informal sector,
which according to the World Bank accounts for over 50 percent of
the economy. The Ministry of Labor, Employment and Youth Development
attributes the large orphan population, especially as a result of
HIV/AIDS, as an important cause of child labor, since orphans often
must provide for themselves and are vulnerable to involvement in
exploitative labor.


4. In a positive development, a U.S.-based NGO working in Tanzania,
Winrock International, has observed a growing level of awareness
nationally that child labor is illegal. Winrock reported in its
annual report that large-scale farms rarely use child labor, and
employers are well aware of the 2004 labor laws that criminalize
child labor. Newspaper reports cited the Ministry of Labor and the
ILO as crediting trade unions for providing an important measure of
oversight in the prevention of child labor. Another local NGO,
Kiwohede, was instrumental in developing a special office within the
Dar es Salaam Police Department to assist with identifying and
placing children involved in the worst forms of child labor into
Kiwohede's care for education and healthcare assistance.

Classroom attendance and teacher to student ratio
-------------- --------------

5. Ministry of Education and Vocational Training educational
enrollment statistics for 2008 show a slight decrease in gross
primary enrollment (those who initially enroll for classes) and
essentially no change for net primary school enrollment (those who
complete the school year). The 2004-2008 Basic Education Statistics
in Tanzania (BEST) Report showed the following changes:

-- Teacher to pupil ratio increased from 1:53 to 1:54;
-- 135 new public schools and 92 non-government private schools
opened;
-- 36.3% of all children between 5-6 years of age were enrolled in
pre-primary education in 2008, up from 33.1% in 2007;


6. Tanzania's primary schools are crowded as a result of population
growth and free universal primary education. The number of primary
school students who continued on to secondary school decreased
slightly, from nearly 450,000 in 2007 to nearly 440,000 in 2008.
The number of those going on from primary school to complete their
secondary education remained essentially unchanged for 2008.

Legislation and Enforcement:
--------------

7. The Ministry of Labor has the lead on issues related to child
labor. The Ministry employs 66 labor inspectors and relies on
cooperation from the police for enforcement of labor laws. The GOT
has ratified ILO Convention 182 and maintains a list of the worst

DAR ES SAL 00000061 002 OF 003


forms of child labor. The Employment and Labor Relations Act and
the Labor Institutions Act of 2004 provide for the protection of
children from exploitation in the workplace and prohibit forced or
compulsory labor. The Employment and Labor Relations Act includes a
specific prohibition of forced labor by children. These labor laws
establish a criminal punishment for employers who use illegal child
labor or forced labor. Violators can be fined an amount not to
exceed 5 million shillings (approximately USD 3,500),imprisonment
for a term of one year, or both. By law, 18 is the legal age to
enter the military. Children under the age of 18 are prohibited
from being employed in mines, factories, ships, or any workplace the
Minister of Labor deems to be hazardous.


8. The implementing regulations for the Labor Relations Act and
Labor Institutions Act of 2004 went into effect in 2007. The
Ministry of Labor, Employment and Youth Development worked through
established institutions, such as the Commission for Mediation (CMA)
and the Labor, Economic and Social Council (LESCO),to enforce the
2004 labor laws. Anti-trafficking in persons legislation was passed
by the Parliament in February and signed by the President in August
2008; however, the law had not been officially published by the end
of the year, as required for it to take effect. It is expected to
be published in 2009.


9. Several government agencies have jurisdiction over areas related
to child labor, but primary responsibility for enforcing the
country's child labor laws rests with the Ministry of Labor.
Although the Ministry of Labor reportedly made inspections
throughout the year and issued warnings to violators of child labor
statutes, there were no reported child labor cases brought to court
in 2008. The low number of labor officers and the low salaries
officers received undermined effective enforcement abilities. The
Ministry of Labor continued to face a high level of turnover among
its labor officers.


10. In Zanzibar, which has a separate Ministry of Labor and laws
covering the issue of child labor, the law prohibits employment of
children under the age of 18 years, depending on the nature of the
work. Employment Act No.11 of 2005 categorizes child labor
practices as (a) ordinary practices for child labor, and (b) the
worst forms of child labor. The penalties for category (a) offenses
are a fine of 500,000 shillings (USD 350) or imprisonment of up to 6
months. For category (b) offenses, a fine of not less than 3
million shillings (USD 2,600) or imprisonment of at least one year,
or both. In 2008, Zanzibar's Ministry of Labor did not prosecute
any cases of child labor.

GOT Policies and Programs:
--------------

11. 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. Winrock Executive Director, Patrick
Fayaud, said that his group had been successful in ensuring that
children in the areas where they are active attended school on at
least a semi-regular basis. The Winrock project enrolled 4,564
children in TEACH-supported programs who were either engaged in
child labor or at risk of entering into child labor activities. By
the end of the year 2,756 children were considered fully withdrawn
from child labor by the program.


12. 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. Specific areas
targeted by the TBP included child labor in agriculture, domestic
service, mining, fishing, and prostitution. The Ministry of Labor
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. Phase II
expanded from the 11 district covered in Phase I to five new
districts, and is expected to be completed in September 2009. By
February 2008, 3006 children were withdrawn or prevented from child
labor under the TBP.


13. The GOT partnered with the International Organization for
Migration to train its law enforcement officials, NGOs and community
leaders on all aspects of child trafficking and the linked
relationship to child labor through the Uwe Sauti Yao (Be Their
Voice) campaign. Be Their Voice supported traveling troupes of
actors and singers and produced ads carried on radio, television and
in newspapers. There were also comic books to draw the attention

DAR ES SAL 00000061 003 OF 003


of youth. This national process was also aided by the U.S.
Department of Justice, which sent trainers to various regions of the
country to train police officers, immigration officials and
prosecutors on anti-trafficking measures. The Ministry of Labor
encouraged law enforcement officials and local communities to
increase assistance to the Ministry by identifying children at risk
and preventing their entry into some of the worst forms of child
labor.

Comment:
--------------

14. In 2008, funding and staffing shortages in the educational
sector, HIV/AIDS, and the high level of poverty continued to make
Tanzanian children vulnerable to exploitation in the labor market.
However, the level of awareness about child labor was high, stemming
from the efforts of the GOT and partner NGOs working in the most
vulnerable regions across the country. Tanzania made significant
strides to improve its primary education system, but still has much
to do. During President Bush's 2008 visit to Tanzania, President
Jakaya Kikwete noted strengthening the educational system as one of
his most pressing issues. Opportunities for secondary education
have improved with the mass building of new schools; however,
finding well trained teachers and paying them a competitive salary
remains a major challenge. Enforcement efforts in Tanzania have been
hindered by the lack of institutional capacity, poor pay and not
enough officers to ensure labor laws are enforced. END COMMENT.

ANDRE