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TOURISM BUSINESS CLIMATE REVIEW IN RELATION TO WORKPLACE

CONDITIONS IN MAINLAND TANZANIA

DRAFT REPORT

Prepared by:

Dr. Kassim Meja Kapalata.

CONTENTS

| | |Page |

|i |Contents |1 |

|ii |Acronyms |2 |

|1.0 |Introduction |3 |

|1.1 |Background |3 |

|1.2 |Structure |4 |

|2.0 |Available information on work conditions |5 |

|2.1 |Literature/Desk review |5 |

|2.2 |National and International Instruments |8 |

|3.0 |Current situation on work conditions |12 |

|3.1.1 |The 2011/12 Labour inspection Report |12 |

|3.1.2 |The 2012/13 Labour inspection Report |18 |

|3.2 |Field visits observations |23 |

|3.2.1 |Labour law awareness |23 |

|3.2.2 |Employment contracts |24 |

|3.2.3 |Working hours |26 |

|3.2.4 |Minimum wages |27 |

|3.2.5 |Fundamental rights and protections |28 |

|3.2.6 |Collective Bargaining Agreements |30 |

|3.2.7 |Leaves |31 |

|3.2.8 |Dispute occurrence |31 |

|3.2.9 |Occupational Health and Safety |31 |

|3.2.10 |Social Security |31 |

|3.2.11 |Outsourcing |31 |

|4.0 |Key Findings and Recommendations |32 |

|4.1 |Finding |32 |

|4.2 |Recommendations |36 |

|5.0 |References |39 |

|6.0 |Annexes |40 |

ACRONYMS

AIDS ...........................................Acquired immunodeficiency syndrome

CBAs...........................................Collective Bargaining Agreement

CMA...........................................Commission Mediation and Arbitration

CHODAWU..............................Conservation Hotel Domestic and Allied-Workers

ELRA..........................................Employment and Labour Relations Act,

HIV ............................................Human Immunodeficiency Virus

ILO.............................................International Labour Organization

LIA.............................................Labour Institutions Act

OHSA........................................Occupational Health and Safety Act

PPD............................................Public Private Dialogue

RTT............................................Responsible Tourism

SUMATRA...............................Surface Marine Transport Authority

SECO.........................................Swiss Secretariat for Economic Af-fairs

TATO........................................Tanzania Association of Tour Operators

UNCTAD.................................United nations Conference on Trade and Development

UN.............................................United Nations

USD...........................................United States Dollar

WTTC…………………………World Trade Tourism Conference

1. INTRODUCTION

1.1 Background

The ILO, as a member of the UN inter Agency cluster on Trade and productive capacity, is one of the implementing Agency in a project funded by Swiss Secretariat for Economic Affairs (SECO) in which Tanzania as LDC is a beneficiary. Among areas of support, is promotion of Responsible Tourism (RTT) with the aim of increasing tourism benefits to more Tanzanian people while promoting international standards sustainable for economic and livelihood benefits.

One of the elements of RTT is respect for international and national labour standards among the Workers and Employers in the tourism industry. In this regard the ILO seeks to supplement/compliment the Report made by UNCTAD on Tourism Business Climate Re-view by conducting a review of workplace conditions in the tourism sector, the findings of which will form part of the main report on Tourism Business Climate.

Tourism is one of the top three employing industry sectors in the United Republic of Tanzania. In 2013 for instance it generated direct jobs 402,500 (3.8% of total employment).[1] Moreover, the general number of employees in the same year (i.e. including wider effects from investment, the supply chain and induced income impacts) was 1,196,000 jobs (11.2% of total employment).[2]

The human resource capital is regarded as a pivot for blossoming tourism business and influences its growth and development, is indisputably dependent on the state of working conditions. In order to achieve Responsible tourism therefore, this review scrutinizes the working conditions in the industry to find out any existing constraints for its growth.

The main focus of this study therefore is to find out the current working conditions in the tourism sector in Mainland Tanzania and propose recommendations commensurate with the findings. The findings will also inform ILO on areas it should direct its interventions in improving the tourism business climate in Tanzania and also providing valuable information for discussions in the Public Private Dialogue (PPD).

The methodology adopted for this review was a rapid situation analysis based on fact finding mission in Dar es Salaam and Arusha, plus desk research.

2. Structure and Content of the Report.

This Report consists of Introduction and main body. The Introduction explains the essence of this study, its respective objectives and the methodology used to conduct the review. The body is organized as follows: Part 1 examines the information available on work conditions in tourism Business through desk review together with national and International instruments. Part 2 looks at the current situation of work conditions in Tourism sector in Tanzania through examining the labour Inspection Reports and stakeholders’ information obtained during field visits through interviews and discussion with informant groups and individuals. Part 3 contains some findings and their respective recommendations.

PART 1

2. AVAILABLE INFORMATION ON WORK CONDITIONS.

2.1 Literature Review.

Kweka et al submits that Tanzania tourism sector has become the pillar of the economy.[3] In the same vein, Tanzania Tourism Sector Survey[4] presents that tourism continued to play an important role in the global economy and due to its strong economic multiplier effect; it embraces small and medium enterprises. This being the case, it is noted that, tourism is still one of the largest employment sectors in most countries and a fast entry vehicle into the workforce for young people and women in the urban and rural communities. Regarding Tanzania in particular, it is submitted that tourism industry is thriving and is rated among the fastest growing sectors in the country and it takes a lead in bringing foreign exchange.[5] This survey did not touch on labour law compliance. Therefore, a question which is unanswered here is whether the earnings and the booming of the sector (tourism) generally as presented reflects positively in labour law compliance and therefore presence of good working conditions. In a summary report of the Meeting of the Institute for Human Rights and Business & Tourism Concern[6], it is discussed that tourism is a rapidly growing international industry and a major development driver for many lesser developed economies.[7] It is however noted that, there are serious questions about how the benefits of this sector are shared, and of its impacts on human rights.[8] There is a position that in order tourism to be sustainable, local people must enjoy some of the proceeds from tourism, participate in the opportunities it offers, and not suffer adverse human rights impacts.[9] Because of this it is argued that a human rights approach makes sense in terms of business sustainability, as well as promoting social, economic and environmental sustainability of tourism destinations.[10] One of the key human rights issue related to tourism is labour.[11]

It is further reported that tourism is one of the largest and most dynamic industries in the global economy. The sector allows for quick entry for youth, women and migrant workers. Tourism has created more than 235 million direct and indirect jobs (approximately 8 per cent of the global workforce). Women account for 60 – 70 per cent of the tourism labour force. International tourism export receipts have reached over USD 1.2 trillion (30 per cent of global service exports; 45 per cent of service exports for Least Developed Countries). However, difficult working conditions contribute to high staff turnover. This has consequences for business costs, productivity, competitiveness, service quality, and social dialogue.[12]

The Director for Tourism Concern, one Tricia Barnett, once remarked;

“When I talk about a living wage, I remember how in Kenya, a few years ago, a bomb went off on the Mombassa coast in an Israeli owned hotel. Several local employees were killed. Their families were so poor that they could not afford to bury them. Why is it that these employees, in full-time employment, were still living in poverty? Charitable donations were made by guests so that they could be buried. What had gone so wrong that the families had to appeal to charity to bury them?”[13]

It is because of this situation where Tricia makes a suggestion that those who are in a supply chain of tourism activities to trade fairly so that at the end those involved in the supply chain can rely on fair wages and contracts and decide for themselves how best to spend their income rather than look for charity.[14]

A study by Dodds & Joppe[15] indicates that there are a number of labour issues which affect the tourism industry. These issues are mentioned as including women’s rights, fair wages, long working hours, qualification and skills requirements for employees, inability to join trade unions, importing of labour and displacement of traditional employment to benefit from tourism dollars. It is submitted that tourism workers often do not earn a living wage and are dependent on tips and service charges. Many workers have temporary contracts or none at all, work long hours and are employed in low skilled areas such as waitressing and/or house cleaning. It is also noted that the key employment positions are occupied by foreigners where the locals are left with the normal positions which are low or semi-skilled, poorly paid jobs (cooks, maintenance workers, chambermaids, barmen, gardeners, bus drivers, etc). The findings by Dodds & Joppe are also the same in Tourism Concern research report[16] which submit with respect to hotels that staff in all types of hotels are faced with low wages and a range of unfavourable working conditions, from working hours which disrupt home life through stress and exposure to risk. These concerns are shared by an ILO Working Paper on Guide for social dialogue in the tourism industry.[17]

Reflecting on Tanzania in particular, His excellence Jakaya Mrisho Kikwete[18] on May Day of 2014 noted the tendency of the employers paying below the Minimum Wage Order set by the Minister for Labour. He observed that the Minister for Labour vide Goverment Notice No. 196/2013 made twelve[19] Sectoral Wage Board Orders with their respective minimum rates. He said that he had information that most of the employers in the private sector are paying below the mimimum wage presribed. He also noted on the Employer-Trade Union relationship, where he said that he is unhappy on the information that some employers in the private sector are not adhereing to the provisions on freedom of association. That, where some union branches are established, the forefront employees/members of trade unions are victimised and discriminated by the employers. Some are shifted to other worksites or terminated. Some employers have established some alternative mechanisms to supress trade unionism.[20] The President remarked that existence of trade union branches in workplaces is not a matter of choice, it is by law and one of the organisational rights of employees. These rights are also entrenched in he international conventions, they are fundamental rights and they are a concern of good governance.[21] These observations of the President were made generally to all employers in Tanzania in which case, the tourims sector is also in reference.

The Eurofound[22] study which inter alia touched on the tourism sector in Tanzania indicates that the actual working conditions in the workplaces are often not in line with the legal provisions. It is found that the substance of labour law is undermined and employees are subjected to conditions well below the specified minimum working conditions. The same position is also explained in an ILO Report.[23] For instance, on remuneration, the ILO report finds that the structure of wages in the tourism sector relies highly on service charges and other forms of gratuity in the composition of wages.[24] This being the case, it is noted that, workers’ income can vary and be highly unpredictable, while employers are not encouraged to introduce rational and sustainable wage systems. The report also indicates among others, the serious problem of not adhering to the minimum hours set in the laws. It is generally recommended that, in fair trade tourism local people should be employed in order to provide opportunities for developing their potential, which would include training and development for managerial positions. Investors must also adhere to relevant regulations, whether derived from local, national or international regulation.[25]

2.2 National and International Legal Instruments.

Paving way for a well developed tourism industry, Tanzania came up with the National Tourism Policy, 1999.[26] Relevant to this study, the Policy “seeks to assist in the effort to promote the economy and livelihood of the people, essentially poverty alleviation, through encouraging the development of sustainable and quality tourism that is culturally and socially acceptable, ecologically friendly, environmentally sustainable, and economically viable”.[27] Specifically on the economic objectives of the Policy, aims inter alia, to create employment, promote human resource development and investment opportunities through the development of private entrepreneurship in the tourism sector.[28]

The objectives set in the Policy especially on human resource were made in acknowledgement of the constraints and limitations on tourism sector. The constraints and limitations referred to here are; the shortage of appropriate and specialized core and skilled personnel in the tourist industry, as well as poor comprehensive planning for human resources development and investment.[29] It is out of these limitations and constraints that the policy states: “Human resource development is a basis for enhancing the national capacity to manage and develop Tanzania’s tourism sector. Given the need for appropriate and specialized skills within the tourist industry, it is imperative that greater effort should be put into building of capacities in this sector. Being service-oriented it is imperative that those engaged in the tourist industry ensure that customers obtain good value for their money. There is therefore a need for, among others, formal and in-service training, refresher course, workshops, seminars, study tours, and an increase of private sector involvement in this area”.[30]

More specifically on human resource development, the Policy strategies inter alia on developing a competent workforce in the sector by nurturing a pool of creative, capable and internationally oriented managers, encouraging labour efficiency and devising cost-effective measures, establishing more training facilities for the tourist industry, creating more employment opportunities and ensuring self-sufficiency with regard to human resources within the tourism industry and regulating and monitoring institutions that offer hotel and tourism training. [31]

The Tourism Act[32] is one of the legal instruments to implement the National Tourism Policy discussed above. The Tourism Act provides for institutional framework, administration, regulation, registration and licensing of tourism facilities and activities and for related matters.[33] The Act requires all persons exercising powers or discharging any duties under it, to strive to promote inter alia the National Tourism Policy. More relevant to the study at hand, the Tourism Act on employer-employee relationship provides that; the rights, privileges, benefits and any other matters relating to employees and employers, as the case may be under it, shall be as provided under the Employment and Labour Relations Act, (ELRA) the Labour Institutions Act (LIA) and any other relevant laws.[34] Moreover, all matters relating to employment of foreigners under the Act shall be as provided for under the relevant laws.[35] In enforcing the provisions on employment of foreigners while avoiding prejudice to other written law, the Act provides that the Director for Tourism may, in consultation with the relevant authority, appoint in writing such number of authorized officers for purposes of inspection and compliance.[36]

The most relevant instruments which form the base of this review are; The Employment and Labour Relations Act, No. 6/2004 (herein referred to as ELRA) read together with the Labour Institutions Act, No.7/2004 (herein referred to as LIA). ELRA and LIA are important instruments. The other important instrument is the Occupational Health and Safety Act, No. 5/2008 (herein referred to as OHSA). The ELRA and LIA provide for core labour rights, establish basic employment standards, provide a framework for collective bargaining, provide for the prevention and settlement of disputes and related matters.[37] The ELRA t is the main instrument on labour standards and core labour rights, thus serving as an important tool for this review.

The LIA on the other hand provides for establishment of Labour Institutions, their functions, powers and duties and other related matters. This law establishes mechanisms for the enforceability of the provisions of the ELRA especially on core rights and labour standards. Moreover, the OHSA was enacted “to make provisions for the safety, health and welfare of the work in factories and other places of work; to provide for the protection other than persons at work against hazards to health and safety arising out of or in connection with activities of persons at work; and to provide for connected matters.”[38]

Apart from relevant national instruments, there are also many relevant international (ILO) instruments on working conditions.[39] For purpose of this review, only the Working Conditions (Hotels and Restaurants) Convention is discussed.[40] The Convention applies to workers employed within hotels and similar establishments providing lodging, restaurants and similar establishments providing food, beverages or both.[41] The Convention however allows some flexibility on the coverage of the convention subject to national conditions.[42] In this sense the Convention allows a signatory to it to extend its application to other related establishments providing tourism services.[43]

The Convention requires signatories to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned.[44] It is further provided that the general objective of such a policy shall be to ensure that the workers concerned are not excluded from the scope of any minimum standards adopted at the national level for workers in general, including those relating to social security entitlements.[45]

On specific work conditions/labour standards the Convention with reference to national laws, practices and or collective bargaining calls for adherence to reasonable normal hours of work and overtime provisions[46], reasonable minimum daily and weekly rest periods[47], provision of sufficient advance notice of working schedules to enable workers to organise their personal and family life accordingly,[48] appropriate compensation in terms of time or remuneration for workers are required to work on public holidays[49], annual leave with pay[50] and basic remuneration.[51] On tips, the Convention is very explicit that “Regardless of tips, the workers concerned shall receive a basic remuneration that is paid at regular intervals”. [52]

It should be noted at this juncture, that Tanzania is not a signatory to the Convention concerning Working Conditions in Hotels and Restaurants. However, all the contents of the Conventions and even other standards not mentioned in the Convention are found in previously referred National Laws. Even the practices and Collective Bargaining Agreements which are an offspring of National Laws alluded above reflect the contents of the Convention. The provisions of the national laws do not only reflect the Convention Concerning Working Conditions in Hotels and Restaurants but also other important ILO Conventions. Tanzania is an ILO member since 1962, having ratified 35 ILO Conventions including the 8 fundamental conventions,[53] whose provisions echo those in the ELRA.

PART 2

3.0 CURRENT SITUATION ON WORK CONDITIONS

3.1 The Labour Inspection Reports.

According to Article 3 of the Labour Inspection Convention,[54] the functions of the system of labour inspection shall be: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as provisions relating to hours, wages, safety, health and welfare, the employment of children and young persons, and other connected matters, in so far as such provisions are enforceable by labour inspectors; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Tanzania does labour inspections according to the ELRA and LIA and also publish yearly reports on the same. The current reports are reviewed herein below with respect to tourism sector to see the sector’s working conditions or its compliance to labour laws.

3.1.1The 2011/12 Labour Inspection Report. [55]

During the financial year 2010/11, the Department of Labour planned to carry out 6,200 Labour Inspections all over the country. However due to bottlenecks faced which included financial constraints, the Department managed to carry out only 2,401 inspections which is 38.7% of the target.[56] In all these inspections in the hotels and domestic services which includes tourism or hospitality sector, there were a total of 1,219 inspections conducted.[57] Out of the 1219 inspections, 820 were Routine Inspection, 384 were Follow up Inspections and 15 Reactive/Special Inspections.[58]

From the report it is shown that the total inspections done in the hotels and domestic services represent about 50% of all the inspections in the year. This is because the total inspections in all the sectors are 2401 while those in the hotel and domestic sector are 1,219.

Table: Inspection by Sector

|Inspectio|Health |Agriculture |

|n Type | | |

| | | |

| | |  |

| | |  |

| | |

The highest number of contraventions in the hotel and domestic sector is in Minimum Wage (39) and Contracts of Services (39). In minimum wage the total number of contraventions in all the sectors is 60. This being the case, the domestic and hotel sector in minimum wage contraventions represent 65% of all the contraventions. In the Contracts of Services contraventions the total contraventions in all the sectors is 112, the hotel and domestic sector having the highest contraventions in the area (39) represents 35% of all the contraventions. With this situation, it can be said that the hotel and domestic sector which carries in it the tourism sector, represent a highest number of contraventions generally and specifically the number of contraventions in minimum wage and contract of service is higher compared to other sectors.

The situation above on contravention by sectors, particularly, in hotel and domestic services, is exacerbated by the number of compliance orders given and prosecutions. Out of the total 151 compliance orders given in all the sectors, the hotel and domestic sector has 34 which is 23% of all the orders given.[61] The sector ranks second from the trade and industry sector which has 74 orders which is 49% of all the compliance orders given. In prosecutions, out of total 15 prosecutions; the sector has 10 which is 67% of all the sectors.[62] And out of the 10 prosecution in the sector which makes it rank the first, 4 were in Arusha one of the most tourist attraction cities in Tanzania.

Table3: Number of Compliance Orders & Prosecutions by Sector

|Sector |Compliance Orders |Prosecutions |

|Trade and Industry |63 |2 |

|Agriculture |5 |0 |

|Transport |11 |1 |

|Communication |2 |0 |

|Mining |2 |0 |

|Hotel & domestic |3 |10 |

|Marine & fishing |0 |0 |

|Construction |0 |0 |

|Education |1 |1 |

|Private security |1 |1 |

|Health |6 |0 |

|Energy |4 |0 |

|TOTAL |98 |15 |

Source: Labour Inspection Report, 2011/12

The report states that the Department of Labour[63] has been promoting Collective bargaining at sectoral level as a means of ensuring stability in industrial relations.[64] In 2011/12 the report says 98 Collective Bargaining Agreements (CBAs) were concluded at work place level and lodged to the Labour Commissioner.[65] Out of the 98 Collective Bargaining Agreements (CBAs), the hotel and domestic sector has a total of 3 CBAs, 2 in Dar es Salaam (2%) and 1 in Arusha (1%). Dar es Salaam and Arusha are the two tourist Cities selected to undertake this review.[66] This does not reflect good working condition in the sector because CBAs are meant inter alia to boost the minimum labour standards provided for in the laws.[67] The report observes that not all the CBAs are lodged to Labour Commissioner. There are some employers who are not aware or just ignore the requirements of lodging the CBAs to the Labour Commissioner according to section 71(7) of the ELRA. This may also explain why there are few CBAs reported in tourism sector.

Table4: Number of CBAs by Sector

|Sector |CBAs |

|Trade and Industry |74 |

|Agriculture |8 |

|Transport |7 |

|Communication |2 |

|Mining |2 |

|Hotel & domestic |3 |

|Marine & fishing |1 |

|Construction |6 |

|Education |5 |

|Private security |9 |

|Health |3 |

|Energy |0 |

|TOTAL |151 |

Source: Labour Inspection Report, 2011/12

The 2011/12 report also presents that, a total of two hundred and fifty six (256) employers and four thousands and twenty eight (4028) employees from different sectors were sensitized on Labour Laws.[68] From this number, the statistics are presented in a way that cannot tell the number of sensitized employers and employees in the domestic and hotel sector or tourism sector directly.[69] The figures are not segregated according to sectors which would give a better picture and is a good practice to adopt in future reports.

On Occupational Health and Safety the report[70] indicates that during the financial year 2011/2012 the Occupational Safety and Health Authority (OSHA) conducted the following activities:- A total of 5600 general workplace Inspections were conducted which is 80% of the planned 7,000 Inspections. Special 11,900 inspections (i.e electrical, Boiler, air receiver, lifting appliances) were conducted which is 85% of the planned 14,000 Inspections. Medical examinations were carried out on 14000 workers out of the earmarked 13,000 workers which is 107.9% of the target set. A total of 770 workers were sensitized on safety and health at workplaces. The statistics do not show the segregation of the numbers into various sectors as in the labour standards and core labour rights discussed above. This is again difficult to tell the number of inspections, sensitizations and medical examinations were done in the tourism sector or generally in the hotel and domestic sector.

It is a considered opinion of the Consultant that this is not a very helpful way of reporting and should be improved in future.

A perusal of reports from the Commission for Mediation and Arbitration (CMA) on disputes occurrence in the tourism was done as this can also be a parameter in support of other factors to show the status of labour law compliance in the tourism sector/hotel and domestic. The report reveals that during the period covered by this report, the Commission[71] dealt with a total of 4,039 disputes, 2487 of them by way of mediation and 1552 by arbitration.[72] The report further states that according to the Commission’s report for the year 2011/2012 Sectors ranking high in labour disputes (chronologically) are: Industry and Trade, Private security, Hotel and Domestic services, Construction, Education, Agriculture, Transport, Mining, Communication and Health.[73] In this case, the hotel and domestic sector ranks third in the number of disputes in the year. We can therefore say that the hotel and domestic sector which has in it the tourism sector is among the sector having high number of disputes.

1. The 2012/13 Labour Inspection Report. [74]

The 2012/13 Inspection Report indicates slight changes in labour law compliance in the Hotel and Domestic sector. While in the 2011/12 period it ranked the first in the total number of inspections conducted compared to other sectors, in 2012/13 it ranks second. The report states that during the financial year 2012/13, the Department planned to carry out 4,800 Labour Inspections at workplaces all over the country. However, due to unforeseen circumstances only 3,095 inspections were carried out which is 64.5% of the target.[75] Out of 3,095 inspections, in the hotel and domestic services which includes tourism or hospitality sector, there were a total of 743 inspections conducted.[76] Out of the 743 inspections, 542 were Routine Inspection, 384 were Follow up Inspections and 37 Reactive/Special Inspections.[77] Though the sector ranks the second as earlier noted in the number of inspections conducted (743 i.e. 24%), there is a slight difference from the first sector which is trade and industry (973 i.e. 32%). The difference is only 30 inspections which is 8% in terms of percentage.

Table 5: Inspection type by sector

|Sector |Inspection Type |

| |Routine Inspection |Follow up Inspection |Special Inspection |Total |

|Commerce, Industry and Trade |732 |188 |53 |773 |

|Hotel and Domestic Services |542 |164 |37 |743 |

|Education |122 |18 |17 |157 |

|Health |98 |23 |8 |129 |

|Transport &Communication |399 |135 |45 |579 |

|Other Economic Activities |97 |25 |14 |136 |

|Private Security Services |78 |36 |7 |121 |

|Agriculture |58 |10 |3 |71 |

|Construction |101 |43 |4 |148 |

|Mining |20 |5 |2 |27 |

|Marine and Fishing |8 |2 |1 |11 |

| Total | 2,255 | 649 | 191 | 3,095 |

Source: Labour Inspection Report, 2012/13

In terms of contravention, the hotel and domestic sector ranks second by having 1395 contraventions (32%) out of the total 4402 total contraventions while the first, trade and industry sector, has 1522 contraventions (36%).[78]

Table 6: Level of Provisions Contravened by Sector

|S/N |Provision |No. of Contraventions | |

| | |Industry and Trade |Agriculture |Health |

|1 |Mr Nzugile Arusha |Regional Labour |Labour Department Arusha |March 19, 2015 |

| | |Officer | | |

|2 |Mr.Josephat Lugakingira |Assistant Labour Commissioner |Labour Department (HQ) Dar es |April 1, 2015 |

| | | |salaam | |

|3 |Mr. Nestory Mloka |Regional Labour |Labour Department Dar es Salaam |April 1, 2015 |

| | |Officer | | |

|4 |Mr. Nungu |Assistant Director |CMA (HQ) Dar es Salaam |April 1, 2015 |

|5 |Jeremiah Meliari |Arusha Regional Secretary |CHODAWU |March 19, 2015 |

| |Anna Senga |Human Resource Officer |TANAPA |March 19, 2015 |

|6 |Atobokile Mwakasungula |Member of CODAWU TANAPA Headquarters |TANAPA |March 19, 2015 |

| | |Branch | | |

|7 | |Tourism Director |TANAPA |March 19, 2015 |

|8 |Anitha Kazimoto |Mediator and Arbitrator-Arusha |CMA Arusha |March 20, 2015 |

|9 |Mr. Meena, |OSHA-Arusha Zonal Officer in-charge, |OSHA Arusha | March 20, 2015 |

|10 |Sirili M. Akko, |Executive Secretary-TATO |TATO Arusha | March 20, 2015 |

|12 |Rodgers Mbaga |HR Specialist Logistics Manager |Kibo Palace Arusha |March 20, 2015 |

|13 |Goodluck Kimaro |Assistant HRM |Kibo Place Arusha |March 20, 2015 |

|14 |Salim Janmohamed. |Vice Chairman, Hotel Association/Country |Serena Hotel-Arusha |March 20, 2015 |

| | |Manager Tourism Promotion Services (T) Ltd | | |

| | |Serena Hotels, Arusha | | |

|15 |Sayuki Justice, |Hotel Manager |Mc Ellys Hotel Arusha |March 20, 2015. |

|16 |W.K Saigilu, |Front Desk officer |Mc Ellys Hotel Arusha |March 20, 2015. |

|17 |David Mpangile |Tourism Officer |Ministry of Tourism and Natural |4th April 2015 |

| | | |Resources | |

| | | |Dar es Salaam | |

|18 |Latifa Sykes |Chief Executive Officer |Hotel Association of Tanzania |March 31, 2015. |

| | | |(HAT) | |

| | | |Dar es Salaam | |

|19 |Richard Rugimbana |Executive Secretary |Tourism Confederation of Tanzania|March 31, 2015. |

| | | |(TCT) – Dsm | |

|20 |Suzan Ndomba |Manager |ATE |March 31, 2015 |

|21 |Saidi Wamba |National Secretary/General Secretary |CHODAWU |March 31, 2015 |

|22 |Mercy Jilala |Labour Officer/Facilitation Officer |TIC |March 31, 2015 |

|23 |Stephene Anthony |Trade Union Branch Secretary |Serena Hotel |22nd April 2015 |

|24 |Dennis P Kubigwa |Assistant HRM |Serena Hotel |23 April, 2015 |

|25 |Mr Mshana |General Manager |Mbezi Garden Hotel |23 April, 2015 |

|26 |Abdallah Ngaro |Front Office Supervisor |Mbezi Garden Hotel |24 April, 2015 |

|27 |Edna Ngewe |Human Resource Director |Hyatt Regency Hotel |7th April 2015 |

|28 |Caleb Malita |CHODAWU Branch Leader (Team Leader |Hyatt Regency Hotel |5th April 2015 |

| | |Conciege) | | |

|29 |Majaliwa Musaku |CHODAWU Branch Leader (Bell man) |Hyatt Regency Hotel |13th April 2015 |

|30 |Oscar Alex |Trade Union Member (IT) |Hyatt Regency Hotel |16th April, 2015 |

|31 |Jumanne Makoye |Trade Union Member (Operation Manager) |Hyatt Regency Hotel |16th April 2015 |

|32 |Jane Marwa |Trade Union Member (PA) |Hyatt Regency Hotel |16th April 2015 |

|33 |Uwesu Farijallah |Trade Union Member (Food and Beverage |Hyatt Regency Hotel |16th April, 2015 |

| | |Supervisor) | | |

|34 |Sufian Mabie |Trade Union Member (Driver) |White Sands Hotel |11th April 2015 |

|35 |Bernard Mgumba |Human Resources Manager (HRM) |White Sands Hotel |10th April 2015 |

|36 |Thomas Ngunga |TU Member Accounts Assistant |White Sands Hotel |12th April 2015 |

|37 |Janerosa Lyana |(Nurse) TU Member |White Sands Hotel |14th April 2015 |

|38 |P. Oben |TU Member (Waiter) |White Sands Hotel |12th April 2015 |

|39 |Adam Saidi Biseko |TU Member (PA) |White Sands Hotel |16th April 2015 |

|40 |Erick Anselm Mtono |TU Member (Laundry HK) |White Sands Hotel |12th April 2015 |

|41 |Mr Goodluck |TU Member (Hotellier) |White Sands Hotel |9th April 2015 |

|42 |Ramadhan Msimira |Occupational Safety Manager |OSHA |3rd May 2015 |

|43 |Musa H Kopwe |HR and Administration Manager |Tanzania Tourist Board |24 April, 2015 |

|44 |Mr Moyo |HR Manager |Durban Hotel |25th March, 2015. |

|45 |Naiman R Mbise |Director of Studies and Professional |National College of Tourism |25th March 2015 |

| | |Activities (Ag) | | |

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[1] WTTC, Travel & Tourism Economic Impact 2014, p. 4. It was also forecasted to fall by 0.4% in 2014 to 401,000 (3.7% of total employment).

[2] Ibid. It was also forecasted to fall by 0.1% in 2014 to 1,195,500 jobs (10.9% of total employment)

[3] Kweka J, etal, Is Tourism a key Sector in Tanzania? Input-Output Analysis of Income, Output, Employment and Tax Revenue, downloaded from on 25th March, 2015.

[4] The BOT, MNRT, NBS, IMMIGRATION DEPT, ZCT; TANZANIA TOURISM SECTOR SURVEY, 2008 International Visitors’ Exit Survey Report, Dar es Salaam, June 2010,p. 2.

[5] Ibid, p. 3.

[6]Meeting Summary Report: Frameworks for Change the Tourism Industry and Human Rights, 29 May 2012 Friends House, London, UK, downloaded from downloaded on 03/03/2015 at 5:25 PM.

[7] Ibid, Session 1 - Introducing the issues Key human rights issues in tourism Mark Watson - Executive Director, Tourism Concern at p 10.

[8] Ibid at p. 10.

[9] Ibid.

[10] Ibid.

[11] Other key human rights issues related to tourism business include: Land rights; indigenous people; depletion of natural resources including water; dignity, respect and participative decision-making; and sexual exploitation, including of children.

[12] Ibid, p. 22. Session 4: Labour rights in tourism Sustainable tourism and Decent work - ILO policy, mandate and tools by Wolfgang Weinz, Hotels, Catering and Tourism Specialist – International Labour Organization.

[13] Tricia Barnett (Director Tourism Concern), Travellers’ Philanthropy Conference, Downloaded from on 25th March, 2015. p. 2.

[14] Ibid, p. 2.

[15] Rachel Dodds & Marion Joppe, CSR in the Tourism Industry? The Status of and Potential for Certification, Codes of Conduct and Guidelines, Study prepared for the CSR Practice Foreign Investment Advisory Service Investment Climate Department June, 2005. (downloaded from on 26/03/2015).

[16] The impacts of all-inclusive hotels on working conditions and labour rights in Barbados, Kenya & Tenerife ,m 2013,p. 2. (Downloaded from on 26/03/2015).

[17] Dain Bolwell and Wolfgang Weinz , Sectoral Activities Programme Working Paper , Guide for Docial Dialogue in the Tourism Industry, International Labour Office -Geneva , October 2008

[18] The President Speech on May Day 2014 p. 12.

[19] Madini, Afya, Kilimo, Nishati, Usafirishaji, Viwanda, Ujenzi, Ulinzi binafsi, Shule binafsi, Hoteli, Huduma za Majumbani na Mawasiliano.

[20] He did not clarify but in practice what is done is that employers establish what are called workers representative committees which are under direct controller of the employers hence cannot fully exercise the freedom of association principles provided for in the Constitution and employment laws.

[21] See pp 7 & 8 of the President Speech, footnote number 18.

[22] European Foundation for the Improvement of Living and Working Conditions, Working conditions in Tanzania, 2012, p. 4.

[23]International Labour Organization, National Profile of Working Conditions in the United Republic of Tanzania, 2009.

[24] Ibid, p. 30.

[25] Ibid, p 3.

[26] United Republic of Tanzania, Ministry of Natural Resources and Tourism, National Tourism Policy, 1999.

[27] Ibid, Para 3 (General Tourism Policy Objectives), p. 5.

[28] Para 4.1 on Specific Objectives-Economic Objectives, p 6.

[29] Ibid, para 2(v), p. 4.

[30] See Para 5.8 Employment and Human Resource Development p. 17

[31]Ibid.

[32] No. 29 of 2008.

[33] See the long title to the Act.

[34] See Section 57(1) (Matters Relating to employments Cap.366 and 300).

[35] See Section 57(2)

[36] Section 57 (Matters relating to employments Cap.366 and 300).

[37] See the long title of the Act.

[38] See the long title of the Act.

[39] See for instance the list of ratified Conventions by Tanzania footnote no. 53.

[40] (Note: Date of coming into force: 07:07:1994), Convention:C172 Place: GENEVA Session of the Conference:78 Date of adoption:25:06:1991

[41] C. 172 Article 1(1).

[42] Ibid, Article 1(2) reading it together with article 2.

[43]Ibid, Article 1(3).

[44] Ibid, Article 3(1).

[45] Ibid, Article 3(2).

[46] Ibid, Article 4(2).

[47] Ibid, Article 4(3).

[48] Ibid, Article 4(4).

[49] Ibid, Article 5(1).

[50] Ibid, Article 5(2).

[51] Ibid, Article 6(2).

[52] Ibid. The definition of a tip as per Article 6(2) of the Convention is “an amount of money given voluntarily to the worker by a customer, in addition to the amount which the customer has to pay for the services received”.

[53] Right of Association (Agriculture) Convention, 1921 (No. 11), Workmen's Compensation (Agriculture) Convention, 1921 (No. 12), Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16), Workmen's Compensation (Accidents) Convention, 1925 (No. 17), Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), Forced Labour Convention, 1930 (No. 29), Recruiting of Indigenous Workers Convention, 1936 (No. 50), Minimum Age (Industry) Convention (Revised), 1937 (No. 59), Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63), Contracts of Employment, (Indigenous Workers) Convention, 1939 (No. 64), Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Labour Clauses (Public Contracts) Convention, 1949 (No. 94), Protection of Wages Convention, 1949 (No. 95), Right to Organise and Collective Bargaining Convention, 1949 (No. 98), Equal Remuneration Convention, 1951 (No. 100), Abolition of Forced Labour Convention, 1957 (No. 105), Discrimination (Employment and Occupation) Convention, 1958 (No. 111), Minimum Wage Fixing Convention, 1970 (No. 131), Prevention of Accidents (Seafarers) Convention, 1970 (No. 134), Workers' Representatives, Convention, 1971 (No. 135), Dock Work Convention, 1973 (No. 137), Minimum Age Convention, 1973 (No. 138), Paid Educational Leave Convention, 1974 (No. 140), Human Resources Development Convention, 1975 (No. 142), Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), Nursing Personnel Convention, 1977 (No. 149), Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), Collective Bargaining Convention, 1981 (No. 154), Chemicals Convention, 1990 (No. 170) and the Worst Forms of Child Labour Convention, 1999 (No. 182).

[54] Convention concerning Labour Inspection in Industry and Commerce (Note: Date of coming into force: 07:04:1950.) Convention:C81 Place: Geneva Session of the Conference:30 Date of adoption:11:07:1947 Status: Up-to-date instrument. This instrument is one of the priority conventions.

[55] Ministry of Labour and Employment, Annual Labour Administration and Inspection Report 2011/2012.

[56] Ibid, p. 12.

[57] Ibid, p. 13 at Table 2: Number of Inspections by sector.

[58] Ibid.

[59] Ibid, p. 15 at Table 3. Provisions contravened by sector.

[60] Ibid.

[61] Ibid, p. 19 at Table 4: Compliance Orders issued by Sector (2011/12). It should be noted that the total number of compliance orders according to table 4 is 147, however the if counted well, the number is 151.

[62] Ibid, p. 21 at Table 5. Number of Prosecutions by Sector and Regions.

[63] Known internally as Labour Inspections Services Department. It is said so because the within the Ministry, the Department used to be called Labour Department/ Department of Labour but following the enactment of the 2004 Employment and Labour Relations Act, they changed it into Labour Inspections Services Department. But it should be noted that the process to rename the department which involves the State House has never been finished.

[64] Labour Inspection Report, supra note 55, p. 28

[65] Ibid.

[66] Ibid, p. 29 at Table 11. Number of Collective Bargaining Agreements Lodged.

[67] Especially ELRA and the LIA.

[68] Labour Inspection Report; supra note 55, p. 31.

[69] Ibid , p. 32 at Table 12. Numbers of social partners sensitized.

[70] Labour Inspection Report; supra note 55, p. 43.

[71] Means Commission for Mediation and Arbitration established under section 12 of the Labour Institutions Act No. 7 of 2004.

[72] Labour Inspection Report; supra note 55, p. 41.

[73] Ibid.

[74] Ministry of Labour and Employment, Annual Labour Administration and Inspection Report 2012/2013.

[75] Ibid. p. 4.

[76] Ibid, p. 5 at Table 2: Inspection type by sector.

[77] Ibid.

[78] Ibid.

[79] See PART II of the ELRA; Child labour [Sub - Part A], forced labour [Sub - Part B], discriminations [Sub - Part C] and freedom of association [Sub - Part D].

[80] It should however be noted that that there are contradictions between Ibid, Table 2: Inspection type by sector (p. 5 ) and Table 7: Number of children prevented/withdrawn from child labour (p.17). the former shows child labour incidences to be

[81] Labour Inspection Report 2012/13; supra note 74, p. 6 at Table 3. Provisions contravened by sector.

[82] The Plan to promote equal opportunity and Workplace policy for HIV/AIDS aspect are grouped under discrimination provisions because they are all generally provided for under Part II Sub - Part C- Discrimination of the ELRA. Plan to promote equal opportunity is covered by S. 7 (2) while HIV/AIDS (now referred to as HIV&AIDS in the medical field) is covered under S. 7 (4)(m) as one of the grounds to which discrimination is prohibited. It should be noted that there are neither express nor implied provisions covering for presence of the HIV&AIDS Policy in the workplaces. Even in the HIV/AIDS (Control and Prevention) Act [No 28/2008] has no such requirements as the HIV&AIDS provisions applicable in the workplace in particular are just limited to issues like to general duties (S.4), HIV and AIDS Education in the Workplaces (S.9), testing and counseling (Part IV), confidentiality (Part V), post exposure prophylaxis (S.26) and Stigma and Discrimination (Part VII).

[83] Labour Inspection Report 2012/13; supra note 74, p. 6 at Table 3. Provisions contravened by sector.

[84] This generally is covered by part III of the ELRA; Sub-Part A – Preliminary which provides for inter alia Contracts with employees, Written statement of particulars and Informing employees of their rights, Sub-Part B - Hours of Work, Sub-Part C- Remuneration (this Sub-Part should be read together with the existing Wage Order made under S. 39[1] of the LIA), Sub-Part D – Leave and Sub - Part E - Unfair Termination of Employment.

[85] Supra note 55.

[86] Ibid.

[87] This number is a total of three types of leave contraventions which are; annual leave 369, sick leave 131, other leaves 133. See Labour Inspection Report 2012/13; supra note 74, p. 6 at Table 3, Provisions contravened by sector, item 10, 11 & 12 on the ‘total column’ in the domestic and hotel sector.

[88] This number is a total of three types of leave contraventions in the domestic and hotel sector which are; annual 148, sick leave 43, other leaves 36. See Labour Inspection Report 2012/13; supra note 74, p. 6 at Table 3, Provisions contravened by sector, item 10, 11 & 12 in the domestic and hotel sector column.

[89] This number is a total of three types of leave contraventions in Industry and Trade Sector sector which are; annual 131, sick leave 41, other leaves 39. See Labour Inspection Report 2012/13; supra note 74, p. 6 at Table 3, Provisions contravened by sector, item 10, 11 & 12 in the Industry and Trade column.

[90] Table 8: Accidents reported p.21.

[91] Ibid. P. 6 at Table 3. Provisions contravened by sector.

[92] See Labour Inspection Report 2012/13; supra note 74, p. 6 at Table 3.

[93] Ibid, p. 12.

[94] Ibid.

[95] On the other hand, 27 convictions were secured whereby a total fine of Tshs.6, 100,000 equivalent to USD 3812.5 was imposed and paid accordingly. See ibid.

[96] Ibid. p.12.

[97] Some industries are known by the consultant therefore it was easy to suggest or know the sectors to which the mentioned industries on strikes and lock out are found.

[98] ECCO Lodge and Bilila Lodge Investment. See Table 6: Number of strikes/lockout by Regions, p. 14.

[99] Vitanda Manufacturing Co. Ltd, Bunda Oil Industry, Chico Co. Ltd, Prime Catch Export (T) Ltd, Specon service (T) Ltd, S &C Gining Co. Ltd and Tanga Cement

[100] It was in the fishing and marine sector.Dutch Farm (T) Ltd, Kagera Tea Company and UNITRANS (T) Ltd

[101] STRABAG

[102] See Labour Inspection Report 2012/13; supra note 74 pp. 14 & 15.

[103] Nice Perch Ltd.

[104] It was noted that there are three types of such accidents which came to the attention of labour department which at the end the employers said to have no obligation as they are freelancers.

[105] Letter from the Executive Director of TATO addressed to all Tour Guide Operators dated 28th December, 2014.

[106] Supra note 52, at p.12.

[107] Supra note 71, at p.12.

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