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