Wcms 107844
Wcms 107844
Labour
Office
March 2004
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Page
1. Introduction..................................................................................................................................... 1
2. Context............................................................................................................................................ 3
2.1 People with disabilities ......................................................................................................... 3
4. Implementation ............................................................................................................................... 9
4.1 Institutional Framework: Tanzania Mainland....................................................................... 9
4.2 Institutional framework: Zanzibar ........................................................................................ 9
4.3 Policy: Tanzania Mainland ................................................................................................... 9
4.4 Policy: Zanzibar .................................................................................................................. 12
4.5 Consultative mechanisms.................................................................................................... 13
4.6 Enforcement ........................................................................................................................ 13
4.7 Non-Governmental Organizations and International Organizations................................... 14
Some countries in Africa have made progress in introducing disability-related legislation, but
many of these laws have not yet been implemented. In other African countries, existing
national laws need to be reviewed in order to achieve equalization of opportunities for
persons with disabilities. Improving legislation and implementation strategies has been
identified as one of the main issues to be tackled in the African Decade of Disabled Persons
1999-2009.
The country study for the United Republic of Tanzania is part of the ILO project
“Employment of People with Disabilities – the Impact of Legislation”, funded by the
Government of Ireland’ which aims to enhance the capacity of national governments in
selected countries of East Africa and Asia to implement effective legislation concerning the
employment of people with disabilities. Starting with a systematic examination of laws in
place to promote employment and training opportunities for people with disabilities in the
selected countries of each region,1 the project sets out to examine the operation of such
legislation, identify the implementation mechanisms in place and suggest improvements.
Technical assistance is provided to selected national governments in implementing necessary
improvements.
This country study outlines the main provisions of the laws in place in the United Republic
of Tanzania (Tanzania Mainland and Zanzibar) concerning the employment of people with
disabilities. An initial review of the implementation of the legislation is also provided, based
on a survey of documentary sources, and feedback from Tanzanian delegates to a Technical
Consultation held in Addis Ababa, 20-22 May 2002. It may be read in conjunction with the
regional overview for this Consultation Employment of People with Disabilities - The Impact
of Legislation (East Africa), Technical Consultation Report, Addis Ababa, 20-22 May 2002,
ILO 2002.
1
East Africa: Ethiopia, Kenya, Mauritius, Sudan, Sudan, Uganda and United Republic of Tanzania; and
Asia and the Pacific: Australia, Cambodia, China, Fiji, Japan, India, Mongolia, Sri Lanka and Thailand.
With an estimated population of 33,776,988 in 2001, Tanzania was ranked 140 out of 162
on the 2001 UNDP Human Development Index (HDI). The four key indicators used to
calculate the HDI, longevity, educational attainment, standard of living and adult literacy
rate show the following:
• Longevity, measured as life expectancy at birth, was 50.0 years for men and 52.2 for
women;
• Educational attainment, measured as the gross enrolment ratio, was 33 per cent among
boys and 32 per cent among girls;
• The standard of living, measured as per capita GDP, was US$501 in 1999; and
• The adult literacy rate was 74.7 per cent with a higher rate recorded for men (84.0 per
cent) than women (65.7 per cent).
In 1998, the labour force participation rate for women was 83 per cent and 89 per cent for
men. 2 The agricultural sector accounted for nearly half of the total GDP (48.1 per cent),
followed by the service sector (36.5 per cent), with the industrial sector contributing 15.4
per cent to GDP. 3 In 1996, the majority of the labour force is employed in agriculture (79
per cent), less than a fifth (14 per cent) is employed in services and the remaining 7 per
cent works in industry. 4
There are no recent data on the situation of persons with disabilities in Tanzania. Some
statistics are available, although it is generally agreed that these do not give an accurate
picture of the actual prevalence.
The 1981 Census of Disabled Persons in Tanzania undertaken by the Ministry of Labour
and Social Welfare on the mainland identified 193,599 disabled persons in the 20 regions,
representing approximately 1 per cent of the population at that time. The three following
facts stood out in this census: a majority of disabled persons were of working age, illiterate
and unemployed. Approximately 45 per cent of disabled persons identified were women.
According to UNESCO, in 1995-96, about 3 per cent of disabled persons in Tanzania
received basic education. 5
2
The World’s Women 2000: Trends and Statistics
3
UNDP Human Development Report 2001
4
African Development Report 2000, African Development Bank
5
World Databank on Education, IBE’s web page
In 2002, a national census with disability-specific questions was carried out in the United
Republic of Tanzania. The Basic Demographic and Socio-economic Characteristics are
expected to be published in April 2004. It will includes demographic and socio-economic
characteristics of the population such as marital status, education, employment, type of
disabilities, citizenship, migration and housing conditions.
6
Employment of Disabled Persons Report, Tanzania, undated.
‘The State authority shall make appropriate provisions for the realisation of a person’s
right to work, to education and social welfare at times of old age, sickness or disability
and in other cases of incapacity. Without prejudice to those rights, the State authority shall
make provisions to ensure that every person earns his livelihood.’ 7 [Article 11]
Tanzania Mainland enacted a specific act concerning the employment of disabled persons
‘The Disabled Persons (Employment) Act 1982 (No. 2)’ and related regulations in 1982.
Disability provisions are also included in the general legislation such as the Constitution of
the United Republic of Tanzania of 1998, the National Employment Promotion Service
Act, 1999 and the Vocational Education and Training Act, 1994.
Tanzania Mainland also issued ‘The Disabled Persons (Care and Maintenance) Act No. 3
of 1982’ which gives legal support as well as obliging the family to provide support to
persons with disabilities. The Act also provides for the registration of persons with
disabilities and of institutional settlements operated by local authorities and voluntary
organizations. Finally, the Act establishes a ‘National Fund for Disabled Persons’ to
provide for ‘maintenance, education, benefit or advancement of disabled persons; to
provide assistance to any disabled persons; to establish and maintain any settlements and
other institutions for the disabled; to provide financial assistance to voluntary or
charitable organizations that are providing for the welfare of disabled persons’.
This Act makes provisions for enabling persons with disabilities to secure employment or
to engage in self-employment. It provides for the establishment of a register of disabled
job-seekers and for the establishment of the National Advisory Council whose functions
include to advise and assist the Minister 8 relating to the employment, self-employment or
training of disabled persons; to coordinate policies and programmes and the provisions of
grants to disabled persons; and to formulate programmes which may facilitate the
educational, vocational and social integration of disabled people. The Act also states that
the Minister may provide for vocational training and industrial rehabilitation courses for
‘disabled persons, not being under the age of fifteen years who are in need of training in
order to render them competent to undertake employment, or work on their own account,
of a kind suited to their age, experience and general qualifications’.
With regard to employment, the Act provides for the compulsory placement of people with
disabilities. Under Section 15, every registered employer must give a job to persons who
are registered as disabled persons:
7
Under Article 5 (2) Parliament may enact a law imposing conditions restricting a citizen from exercising the
right to vote by reason – amongst others- of mental disability.
8
According to the 1982 Act ‘Minister’ means ‘the Minister for the time being responsible for social welfare
of the disabled persons’.
Exception can be made in the following circumstances if the employer can prove to the
satisfaction of the Minister:
• ‘that even after reasonable effort he has failed to get any disabled persons’;
• ‘that taking into consideration the nature of the employment, he cannot get a disabled
person with the necessary skill or experience required for the employment’;
• ‘that taking into consideration the nature of the work or the circumstance of the place
of work it may not be possible to employ a disabled person’;
• ‘that taking into consideration the condition of the disabled person he is not or would
not be able to perform adequately the work genuinely and reasonably required for the
employment’.
The definition of ‘disabled person’ in the Act refers not only to physical and mental
impairment, but also to the substantial reduction of the individual’s occupational prospects
as a result of the impairment:
These regulations define the eligibility and registration requirements for disabled persons
under Disabled Persons Employment Act 1982. They reserve for disabled persons two per
cent of the vacancies in vocational training centres and require every registered employer 9
to reserve at least two per cent of jobs for registered disabled persons. They include
schedules showing the towns and districts to which the Regulations apply and the
registration forms to be used. These regulations should be implemented by departments of
the government, local authorities, parastatal organizations and private enterprises.
The Vocational Education and Training Act aims to provide for a legal framework for the
implementation of a flexible vocational education and training system capable of
responding quickly to the needs of the labour market.
9
Under section 9 of the 1982 Act ‘an employer shall be registered in the Register if he has the capacity to
employ fifty or more employees’.
This Act establishes the National Employment Promotion Service, a government service
mandated to provide or make arrangement for the registration, employment, counselling,
vocational rehabilitation and placement of persons with disabilities. Under Article 11, the
Service is required to maintain a register of persons with disabilities at every employment
services office.
3.2 Zanzibar
Zanzibar plans to formulate a specific disability-related law, to give effect to the disability
policy adopted in 2004. It has recently reviewed its labour laws including the Workmen’s
Compensation Act 1986 and drafted the Safety and Health Act 2004 and the Labour
Relations Act. These laws provide for disability issues, as described below. The Zanzibar
Labour Act 1997 lays down anti-discrimination provisions.
• Bill for the Act to amend the Workmen’s Compensation Act 1986
Section 12 of the Bill provides for compensation to workers with permanent partial
capacity resulting from an injury. This compensation ‘shall be such percentage as verified
by a recognised medical practitioner of forty-eight month’s earning as being the
percentage of the loss of earning capacity caused by [the] injury or three million shillings
whichever is the great’. Offenders are liable to a fine or to imprisonment.
The Bill establishes a schedule to guide the medical practitioner in verifying the percentage
of permanent incapacity.
Part XII of the Draft ‘Occupational Safety and Health Act 2004’ states that where
permanent total or partial incapacity is a consequence of the occupier or owner of a
workplace having contravened any provisions of the Act, the latter shall be liable to a fine
or to imprisonment.
The Draft ‘Labour Relations Act’ bars discrimination based on disability in the context of
Trades Unions’ constitution or activities:
‘No union or organization shall discriminate in its constitution or through its action
against any persons on the grounds of race, colour, national extraction, social origin,
religion, political opinion, sex, marital status, family responsibilities, age or disability…’
Section 5 deems that affirmative actions do not constitute discrimination and are not
unlawful.
This Act lays down fundamental rights concerning the employment of disabled persons:
‘(1) Persons with any kind of disabilities shall have equal right to be employed in any type
of work depending on their standard of education, skill and ability and shall be employed
on the same terms and enjoy the same rights and privileges under the contract’;
(3) No employer shall terminate a disabled person from employment before the expiry of
his term of service on grounds of disability;
(4) The Minister may make regulations to provide for further conditions and procedure of
employment of disabled persons’.
Section 121(5) provides for penalties on any employer who contravenes conditions of
employment of disabled persons as provided under Section 120: ‘any employer who
contravenes conditions of employment of disabled persons as provided under section 120
of this Act shall be guilty of an offence and shall on conviction, be liable to a fine of not
less than the sum equivalent to one thousand United States Dollars’.
The Act defines a disabled person as ‘…a person who has a physical or mental impairment
that substantially limits one or more of the major life activities of such individuals’.
The United Republic of Tanzania has not ratified ILO Convention 159. According to the
Government in a 1997 report to the ILO, the economic and social conditions imposed by
the structural adjustment programme has aggravated the employment situation of people
with disabilities, but ratification has not been ruled out and could be considered once a
tripartite forum has been convened. 10
10
Report for the period ending 1 April 1997 made in accordance with Article 19 of the ILO Constitution by
the Government of the United Republic of Tanzania, on the position of national law and practice in regard to
the matters dealt with in the following instruments: the Vocational Rehabilitation and Employment (Disabled
Persons) Convention No. 159 (1983) and Recommendation No. 168 (1983) concerning Vocational
Rehabilitation and Employment (Disabled Persons).
The National Advisory Council in entrusted with the formulation, coordination and
monitoring of disability policies and programs. It aims to advise and assist the Ministry of
Labour and Social Welfare in issues relating to employment and training of persons with
disabilities. In the preparation of this report, no further information could be obtained
about the Council.
In 1994, the Vocational Education and Training Authority was created as an autonomous
body within the Ministry of Labour and Social Welfare, replacing the previous National
Vocational Training Council under the Ministry of Labour. The VETA is headed by a
National Vocational Education and Training Board including representatives of ministries,
employers’ and workers’ organizations, as well as representatives of non-governmental
training institutions. It is represented in the Regions by regional offices headed by regional
boards. The overall objective of the VETA is the coordination of vocational education and
training in such areas as craft and basic skills. It is responsible for formulating national
policies; implementing vocational education and training through programmes in VETA
centres; monitoring and implementing training programs; and coordinating basic skills
programs with a view to addressing training needs of both formal and informal sectors.
Responsibility for disability matters lay with the Ministry of Health and Social Welfare up
to 2004, when a decision was taken to move this to the Prime Minister’s Office.
In the early days of Independence in 1964, the Government emphasized that the provision
of basic social services to the entire population was one of the Government‘s major
In 1981, however, the Government recognized the necessity of adopting special measures
for persons with disabilities, particularly in towns, who had no family or community on
which to rely. Cabinet Paper No. 19 of 1981 was the first national document outlining the
basic principles that should guide services for disabled persons, and became the basis for
the two disability acts concerning employment and care that were passed by parliament in
1982.
In 1999, the Government stated its intention to elaborate a National Policy on People with
Disabilities in the National Population Policy Draft. Responsibility for the promotion of
employment opportunities, especially for youth and people with disabilities, lies with the
Ministry of Labour and Youth Development, in liaison with other institutions. 12 The
Ministry of Community Development, Gender and Children is required to ensure that
special attention is paid to programmes that are directed at elimination of social-cultural
and discriminatory practices against the girl child, elderly and people with disabilities. 13
Persons with disabilities are identified as a target group for which the Ministry should
adopt the following strategies:
• Encourage the private sector, NGOs and religious organizations to invest in provision
of social services for people with disabilities;
• Develop talents and capabilities of disabled persons; and
• Establish social security measures that address problems of people with disabilities. 14
Disability issues are taken into account as part of national employment policies in
Tanzania Mainland.
• The National Employment Policy (2000) contains employment strategies for youth,
people with disabilities and women. The thrust of the employment policy and
programme to promote employment in general is to assist these disadvantaged groups
to engage in self-employment, mainly in agriculture and the informal sector.
• The National Youth Development Policy (2000) has the overall goal of youth
empowerment, which involves developing the potential of youth as active driving
forces for multi-sector national development. The policy specifically makes reference
to the empowerment of people with disabilities as central to socio-economic
development.
11
The Arusha Declaration is a set of principles drafted by the governing party of Tanzania in 1967 as a guide
toward economic and social development.
12
Section 76(ii)
13
Section 77(iii)
14
The National Population Policy Draft 1999
Given the limited resources available to the Department of Social Welfare for the
vocational rehabilitation of disabled persons, the Government actively encourages non-
governmental efforts in the subsector, particularly those undertaken by associations of
disabled persons17
4.3.4 Education
In Tanzania Mainland, children with disabilities generally attend special schools, though
there is an emerging trend towards inclusive education. Almost all special schools are run
by NGOs, which receive subsidies from the Government [UNESCO 20]. In 1996, there
were 13 secondary schools which enrolled children with different disabilities. These
schools originally catered to non-disabled children only, but have been now provided with
facilities to enrol children with disabilities. Disabled children follow the official
curriculum.
15
Report to ILO, 1996
16
It was not possible in the preparation of this report to obtain more recent information about this programme.
17
Report to ILO, 1996
18
In the preparation of this report, no further details were found on these centres.
19
Report for the period ending 1 April 1997 made in accordance with article 19 of the ILO Constitution by the
Government of the United Republic of Tanzania, on the position of National law and practise in regard to the
matters dealt with in the following instruments: the Vocational Rehabilitation and Employment (Disabled
Persons) Convention 1983 (No.159) and the Vocational Rehabilitation and Employment (Disabled Persons)
Recommendations 1983 (No.168).
20
World Databank on Education, IBE’s web page
Patandi Teachers’ College offers diplomas in special education and is the only Tanzanian
Institute to do so.
In Tanzania Mainland, there is a series of policies and measures which are interesting from
a disability viewpoint. While these do not expressly mention disabled persons, they could
be extended to specifically target unemployed disabled persons:
• The National Poverty Eradication Strategy (NPES) (1998) includes among its goals
the reduction of unemployment. The strategy to be adopted includes job creating
development programmes, allocation of areas for informal sector activities and
facilitating MSE operations and promoting investment in MSE development.
• The Tanzania Assistance Strategy (2000) puts emphasis on the following issues
relating to employment: generation of labour market information; stimulation of
employment creating investment; enhancement of women’s employment; promotion of
labour-based public works; coordination of employment generation efforts; raising
labour productivity; enhancement of enterprise development; reorientation of
vocational education and training.
• The National Employment Promotion Services Act (NEPSA) (1999) aims to identify
strategies and to create an institutional framework for promoting employment. The
functions of the employment promotion services include placement, vocational
guidance and employment counselling, active labour market interventions, labour
market and occupational information, advisory services for lawful income generating
undertakings and promotion of self-employment and co-ordination of trainings needs.
In Zanzibar, priority has been given to the development of policies regarding the
promotion of people with disabilities. A disability policy has been recently formulated
(2004), which views disability as a human rights issue. It focuses on culture and attitudes
of the society towards persons with disabilities, poverty, employment, education, health
services, environment and communication. It also addresses the following issues:
The policy also addresses specific target groups such as women, youth or elderly people
with disabilities; disabled persons living in rural areas; people with learning difficulties
and people with more than one disabilities.
The next step envisaged is the development and enactment of disability-related legislation.
Zanzibar adopted a policy on special education in 1990 and then enacted the Zanzibar
Education Master Plan 1996-2006 which provides for inclusive education. This Plan
focuses on disadvantaged groups, such as girls and children with disabilities and addresses
issues of access, equity, quality and relevance of basic education. In addition, it aims at
providing vocational training aimed at creating self-employment among youth after
completion of basic education. The ‘Zanzibar Poverty Reduction Plan: Basic Education
and Skills Development’, 21 reports that although efforts have been made to promote
equalization of opportunities in the field of education, disabled children are still a
disadvantaged group in Zanzibar and still have limited access to education. Few schools
cater for their specific needs and are mainly located in urban areas with only few qualified
teachers to assist disabled children.
In Tanzania Mainland, organizations of employers and workers are usually called upon to
cooperate in the implementation of Tanzanian legislation via tripartite boards and
meetings. The Vocational Education and Training Authority, for example, is governed by a
Board which has representatives from the Government, employers’ and workers’
associations and Non-Governmental Organizations.
The National Advisory Council set up under the Disabled Persons (Employment) Act 1982
includes representatives of employers’ and workers’ organizations. Organizations of
persons with disabilities are not represented in the Council. As part of its mandate, the
National Council advises on employment matters covered by the Act and thus, on its
implementation.
4.6 Enforcement
The Vocational Education and Training Authority and the Commissioner for Social
Welfare are entrusted with the supervision of the application of Disabled Persons
(Employment) Act of 1982 and the Vocational Education and Training Act 1994; and all
regulations made to give effect to these.
21
Zanzibar Poverty Reduction Plan: Basic Education and Skills Development, Government of Zanzibar, April
2002.
Training and employment-related services for persons with visual disabilities in the United
Republic of Tanzania are provided by: Chama Cha Wasioona Tanzania, The Singida Blind
Women’s Training Centre, Zanzibar National Association of the Blind and Tanzania
Society for the Blind.
Chama Cha Wasioona, the Tanzania League of the Blind was established in 1964. This
association, with local branches in all regions of the country, promotes the education,
training, employment and general welfare of and visually impaired people. Its main
activities are the following: construction of Branch Development Resource Centres for
blind and partially sighted people; running of education programmes; conducting of socio-
economic and rehabilitation programmes; staff and leadership training programmes; sports,
recreation and culture.
The associations providing training and employment-related services for hearing impaired
persons in the United Republic of Tanzania include ‘CHAVITA’, the Tanzania
Association of the Deaf and Katumba Rehabilitation Centre.
CHAVITA was founded in 1984. It promotes the education, training, employment and
general welfare of the deaf. It has opened 13 grassroots region branches in the 20 regions
of Tanzania Mainland. Its main objectives are to unite deaf people and facilitate the
empowerment of the deaf community, to work for full education opportunities for deaf
Tanzanians, and to develop and promote Tanzanian Sign Language as the language of deaf
people in Tanzania.
22
Report for the period ending 1 April 1997 made in accordance with article 19 of the ILO Constitution by the
Government of the United Republic of Tanzania, on the position of National law and practise in regard to the
matters dealt with in the following instruments: the Vocational Rehabilitation and Employment (Disabled
Persons) Convention 1983 (No.159) and the Vocational Rehabilitation and Employment (Disabled Persons)
Recommendations 1983 (No.168).
23
In 1998, the Tanzania Government planned to organize a workshop to review Disabled Persons
Employment Act. 1982.
The following organizations provide training and employment-related services for persons
with physical disabilities: Usa River Rehabilitation Centre for the Physically Handicapped
and the Association of the Physically Disabled of Tanzania (CHAWATA).
Usa River Rehabilitation Centre trains young people with physical disability in various
areas, such as carpentry, welding, tailoring, shoe-making and secretarial work. In addition
to training students, the Centre provides them with follow-up support once they return to
their villages. And through the Village Outreach Team, it trains and educates physically
handicapped people who are unable to leave their villages.
CHAWATA was founded in 1969 and has local branches in different regions of the
country. It has a revolving loan fund scheme providing capital for disabled persons to
become self-reliant in productive activities.
Mentally Handicapped Youth Trust Fund (MEHAYO) is a youth project for persons with
intellectual disability, which provides vocational training in gardening, poultry-keeping
and fish farming. 24
The Tanzania Association for Mentally Handicapped (TAMH) is an NGO whose main aim
is lobbying and advocacy for the rights and empowerment of persons with intellectual
disabilities. Its main activities include promotion of awareness of the rights and needs of
persons with disabilities; empowerment of persons with intellectual disabilities;
mobilization of parents and other members of the society; and networking with
Government Institutions and other local and international organizations.
The Organization of People with Disabilities of Zanzibar (UWZ) represents persons of all
categories of disability. Its main objectives are to influence the Government to implement
services for disabled persons, educating persons with disabilities about their rights, raising
awareness in the community on disability and running training and income generating
activities. Founded in 1985, it operates five programmes: membership development;
women and gender development; community-based rehabilitation; training and income
generating activities; and advocacy.
24
The following organizations cater for the education of children with mental disabilities: the Tanzania
Society for Palsy and Mental Retardation, that was founded in 1980. It offers physical exercises, speech and
improvement in every day routines. Also mental stimulation and special knowledge for children from 2 to 10;
the Amani Centre for Mentally Disabled Persons; the Training Centre for Development Cooperation (the centre
provides a classroom, a teaching assistant and some supplies. The Tanzanian Education Ministry seconded a
teacher trained in special education); Zanzibar Association of Parents of Mentally Handicapped. In Tanzania
the education of disabled children particularly the deaf and blind was purely an effort of missionaries. The
Anglican Church opened the Wilson Carlile School for the blind Boys in 1962 and the Swedish free mission
opened the mission Blind School at Tabora in 1962. The Lutheran Church opened the Trente School for the
Blind Girls in Lushoto in 1963 while the Roman Catholic Mission opened the Tabora Deaf-Mute institute in
1963. Most of them receive subsidies from the Government.
A 1996 report on ‘Training and Income-generating Activities for Disabled Persons’ in the
United Republic of Tanzania concluded that persons with disabilities do not fully
participate in the economic, social and political life of the country and that only very few
of them are self-supporting:
In addition, this 1996 report states that persons with disabilities comprise one of the
poorest and marginalised groups of Tanzanian society. This situation has been worsened
by the Government’s Economic Recovery Programme, which - by reducing social sector
expenditure - had a negative impact on programmes and activities aimed at promoting
opportunities for disabled persons.
Given the momentum which has been created by the government in collaboration with
organizations of disabled persons in the United Republic of Tanzania, it is timely to review
the current situation of people with disabilities so as to establish the extent to which
improvements have taken place.
25
Training and income-generating activities for disabled persons: Project findings and recommendations, ILO,
1996.