International Labour Office Geneva Profile on Occupational Safety and Health Zanzibar A F R I C A Zanzibar
Labour Administration, Labour Inspection and Occupational Safety and Health Branch Profile on Occupational Safety and Health Zanzibar International Labour Office, Geneva Ministry responsible for Labour, Economic Empowerment and Cooperatives
Copyright International Labour Organization 2013 First published 2013 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: pubdroit@ilo.org. The International Labour Office welcomes such applications. Libraries, institutions and other users registered with reproduction rights organizations may make copies in accordance with the licences issued to them for this purpose. Visit www.ifrro.org to find the reproduction rights organization in your country. Profile on Occupational Safety and Health Zanzibar First published 2013 ISBN 978-92-2-127878-8 (print) ISBN 978-92-2-127879-5 (web) The designations employed in ILO publications, which are in conformity with United Nations practice, and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the International Labour Office concerning the legal status of any country, area or territory or of its authorities, or concerning the delimitation of its frontiers. The responsibility for opinions expressed in signed articles, studies and other contributions rests solely with their authors, and publication does not constitute an endorsement by the International Labour Office of the opinions expressed in them. Reference to names of firms and commercial products and processes does not imply their endorsement by the International Labour Office, and any failure to mention a particular firm, commercial product or process is not a sign of disapproval. ILO publications and electronic products can be obtained through major booksellers or ILO local offices in many countries, or direct from ILO Publications, International Labour Office, CH-1211 Geneva 22, Switzerland. Catalogues or lists of new publications are available free of charge from the above address, or by email: pubvente@ilo.org Visit our website: www.ilo.org/publns Photocomposed in Switzerland Printed by the International Labour Office, Switzerland JMB
Preface Zanzibar lies off the eastern coast and is situated some 30km from the mainland of East Africa in the Indian Ocean. It is a low-lying island of coral formation, with an area of about 2,654 square kilometres with 1,666 square kilometres occupied by Unguja Island and the remaining 988 square kilometres are occupied Pemba Island. The total population of Zanzibar is 1.1 million, of which 40.8% of the population live in urban areas and 59.2% of the population live in rural areas. Being a small island, Zanzibar population depends on agriculture by sixty per cent. Cloves, coconuts, chillies, copra and seaweed are grown for export; fishing is also important to the local economy. Tourism has grown significantly in the past few years, driven by new private sector initiatives (mainly foreign investments). The island s leading port and the largest town is Zanzibar town; located on the west coast, it has fine landlocked harbour with docking facilities for both passengers and cargo ships. In this profile wherever the word national appears it refers to Zanzibar Island. The Zanzibar Strategy for Growth and Reduction of Poverty (ZSGRP), 2010; recognises that a healthy and educated population leads to increased productivity, better income distribution and improved standard of living. Beyond the broad aspirations of the Vision 2020 of transforming and modernizing Zanzibar s economy and eradicating poverty, ZSGRP is a tool that the Revolutionary Government of Zanzibar will deploy to realize the Millennium Development Goals, improve living standards and strengthen good governance. In this respect and among others, Zanzibar has a National Health Policy and also National Environmental Policy but is yet to formulate a coherent national OSH policy and OSH programme. Having a safe and healthy workforce is a key prerequisite to ensuring a healthy population and sustainable economic growth. This national initiative will promote a preventative safety and health approach and culture which are essential to achieving lasting improvements in occupational safety and health, a healthy workforce, better productivity and quality of life. This is in line with the Conclusions adopted by the International Labour Conference at its 91st Session, 2003 on Global Strategy on Occupational Safety and Health and Convention No.187 Promotional Framework for Occupational Safety and Health Convention 2006, through which member states embraced the implementation of National OSH Programmes as a way to promote the prominence and continual improvement of OSH performance and management. As a first step to achieving this, there is a need to carry out a situational analysis targeting the National Profile and Indicators of OSH in the country. The report of the national OSH profile would be used to identify time-bound priority areas through a National OSH Programme that would be in support of the national development agenda and the Decent Work Country Programme. The OSH Profile for Zanzibar has identified within the OSH delivery system, the gaps and best practices and prioritized common areas for time-bound action in the country through the institutions that promote and provide OSH services taking into account the ILO/WHO Statement of Intent for Africa Joint Effort (AJE) in OSH and other sub regional or regional programmes
with similar goals such as the conclusions of the 11th African Regional meeting held in April 2007 and the Ouagadougou Plan of Action. The OSH Profile for Zanzibar will be an inventory of all the tools and resources available in a country to implement and manage OSH designed to provide the data necessary for setting national priorities for action aimed at progressive and continual improvement of the National OSH System. Specifically, the Guiding principles used in the preparation of this profile on OSH are as follows: Profile prepared at the country level through a process which involves all the competent and other designated authorities concerned with the different aspects of occupational safety and health in Zanzibar, and more importantly the most representative organizations of Employers and Workers; Profile provides basic data on all the parameters that may affect the sound management of occupational safety and health both at the national and enterprise levels, including available legislative framework, enforcement and implementation mechanisms and infrastructures, workforce distribution, human and financial resources devoted to OSH, OSH initiatives at the enterprise level, level of protection, etc. Profile provides practical information on on-going activities at the country level (e.g., activities related to the implementation of international agreements, ongoing and planned technical assistance projects, etc.); Profile serves as a basis for initiating a process by which a country will be able to identify gaps in the existing legal, institutional, administrative, and technical infrastructure related to the sound management of OSH; Profile provides a means for improved co-ordination among all parties interested in OSH. The process of preparing the Profile itself may serve as a starting point for improved co-ordination and should facilitate communications and an improved understanding of the potential problems and activities being undertaken within the country. Profile must be updated after every ten (10) years to ensure its currency and therefore usefulness in the process of periodic review of the national programme. Thus, the exercise has broadly focused on OSH issues including basic data on all the parameters that may affect the sound management of occupational safety and health both at the national and enterprise levels, legislative framework, enforcement and implementation mechanisms, workforce distribution, human and financial resources devoted to OSH and initiatives at the enterprise level, with a view to making proposals for the progressive improvement, harmonisation where necessary and implementation of National OSH Programme. Hon. Haroun A. Suleiman Minister responsible for Labour, Economic Empowerment and Cooperatives
Acknowledgements In August 2012, stakeholders in occupational safety and health adopted the Profile on Occupational Safety and Health for Zanzibar as an initial step to collectively strengthen the national system for occupational safety and health. This important achievement is a necessary tool to support the Zanzibar Strategy for Growth and Reduction of Poverty (ZSGRP), 2007; that recognises that a healthy and educated population leads to increased productivity, better income distribution and improved standard of living. On behalf of the Ministry of Labour, Economic Empowerment and Cooperatives, I would like to extend my sincere thanks to Hon. Haroun A Suleiman, Minister for Labour, Economic Empowerment and Cooperatives for his visionary and committed leadership to our ministry. Special thanks should go to Mr Alexio Musindo, Director ILO Country Office for United Republic of Tanzania, Kenya, Rwanda and Uganda, for providing the technical support that enabled the two consultants namely Yahya Kishashu and Hassan Ngozi, undertake the Zanzibar OSH Profile development assignment. Special thanks should also go to Dr Annamarie Kiaga, Mr Christian Mwamanga of ILO/UNDAP ILO Office in Dar es Salaam, and Ms Fatma Rashid of ILO Liaison Office in Zanzibar for their cooperation throughout this assignment. In a special way, I want to thank Mr Franklin Muchiri, ILO OSH Specialist for his technical guidance throughout this undertaking. Sincere thanks should go to Mr Ali Khamis Juma, Deputy Principal Secretary, Ministry of Labour, Economic Empowerment and Cooperatives, Mr Kubingwa M. Simba, Labour Commissioner, and Eng. Suleiman Khamis Ali, Director for Occupational Safety and Health for their generous support towards this work. I also want to thank Mr Khamis M. Mohammed, Secretary General, Zanzibar Trade Union Congress; and Mr Salah S. Salah, Director General, Zanzibar Employers Association. Finally, I want to extend our sincere appreciation to all those who have contributed in one way or the other in this work and report but they are not mentioned by names. Their contributions are highly valued. Ms Asha A. Abdullah Principal Secretary, Ministry responsible for Labour, Economic Empowerment and Cooperatives
Table of Contents Preface.... Acknowledgements... Table of Contents... List of Abbreviations... iii v vii xiii 1. National Regulatory Framework 1 1.1. Laws and Regulations.... 1 1.1.1. Inclusion of References to Occupational Safety and Health Requirements in the Constitution of Zanzibar... 1 1.1.2. Laws or Acts, Regulations, and Collective Bargaining Agreements...... 2 1.1.3. Occupational Safety and Health Related Laws and Regulations Issued Under Ministries of State, Presidents Office... 5 1.1.4. List of International Labour Organization (ILO) Ratified Conventions... 11 1.2. Occupational Safety and Health (OSH) Technical Standards, Guidelines and Management Systems... 12 1.2.1. Implementation of OSH Management Systems... 12 1.2.2. Information on the Use of Technical Standards and ILO Codes of practices. 13 1.2.3. Information on the Use of ILO Codes of Practices... 13 2. National Competent Bodies with Occupational Safety and Health Implementation Responsibilities 15 3. Inspection and Enforcement Systems 17 3.1 The Occupational Safety and Health (OSH) Directorate... 17 4. Consultation, Coordination and Collaboration Mechanisms 21 4.1. At National Level.................................................. 21 4.2. At Enterprise Level.... 21 5. National Review Mechanism 23
viii Profile on Occupational Safety and Health Zanzibar 6. Training, Information and Advisory Services Mechanisms 25 6.1. Designated Occupational Safety and Health Training and Education Institutions. 25 6.2. Occupational Safety and Health Information Centres... 25 6.3. Occupational Safety and Health Advisory Services and Mechanisms... 25 7. Occupational Health Services 27 8. Occupational Safety and Health Laboratories 29 9. Social Security, Insurance Schemes and Workers Compensation Services 31 10. Education, Training and Awareness Raising Structures 33 10.1. University and College Course Related to Occupational Safety and Health... 33 10.2. Training Organised by Employers and Workers Organisations... 33 10.3. Institutions Conducting Legally Required Training for Occupational Safety and Health Specialists.... 34 11. Specialized Technical, Medical and Scientific Institutions 35 11.1. Poison Control Centres.... 35 11.2. Standardizing Bodies.... 35 11.3. Institutions and Laboratories Specializing in Occupational Hazards and Risk Assessment... 35 11.4. Emergency Preparedness and its Organisation.... 35 11.5. Non-Governmental Bodies Involved in Occupational Safety and Health Activities. 36 12. The Overall National Level of Human Resources Active in the Area of Occupational Safety and Health 37 13. Statistics on Occupational Accidents and Diseases 39 13.1. Mechanisms for Recording and Notification of Occupational Accidents and Diseases... 39 13.2. National List of Occupational Diseases and Mechanisms for Review and Updating.... 39 13.3. Estimated Number of Occupational Injuries for the Period of 2007-2011.... 39
Table of Contents ix 14. Policies and Programmes of Employers and Workers Organizations 41 14.1. Employers Organizations.... 41 14.1.1. Occupational Safety and Health Policy Statements.... 41 14.1.2. Structure for Policy Implementation... 41 14.1.3. Programmes, Training, and Information for Members... 41 14.1.4. Occupational Safety and Health Elements in the Collective Bargaining. 42 14.1.5. Participation in the National Tripartite Dialogue... 42 14.2. Workers Organizations... 42 14.2.1. Occupational Safety and Health Policy Situation in Workers Organization. 42 14.2.2. Structure for Policy Implementation... 43 14.2.3. Programmes, Training, and Information for Members... 43 14.2.4. Occupational Safety and Health Elements in the Collective Bargaining. 43 14.2.5. Participation in the National Tripartite Dialogue... 43 15. Regular and On-going Activities Related to Occupational Safety and Health 45 15.1. Regular Activities at the National Level.... 45 15.2. National initiatives... 45 15.3. Industry Initiatives... 45 15.4. Trade Unions OSH Activities and Initiatives... 45 16. International Collaboration 47 16.1. Capacity Building and Technical Cooperation... 47 16.2. Non-Governmental Bodies Involved in Occupational Safety and Health Related Activities... 47 17. Promotion and Elimination Programmes on Hazardous and Abusive Working environment 49 17.1. Elimination of Hazardous Child Labour... 49 17.2. Elimination of Workplace Violence and Sexual Harassment... 49 17.3. Programme to Combat HIV/AIDS in the Workplaces.... 50 17.4. Action for Prevention Programme... 51 17.4.1. Programme for the Classification and Labelling of Chemicals.... 51
x Profile on Occupational Safety and Health Zanzibar 17.5. Promotion of Programmes on Gender Equality and Maternity Protection... 52 17.5.1. Gender Equality.... 52 17.5.2. Maternity Protection... 52 17.6. Elimination of Drug Abuse.... 52 17.7. Action Programmes for the Promotion of Occupational Safety and Health in Hazardous Sectors... 53 17.7.1. Construction... 53 17.7.2. Manufacturing... 53 17.7.3. Fishing Sector... 53 17.7.4. Small and Medium Enterprises (SMEs) and Informal Sector including Domestic Workers... 53 18. General Data 55 18.1. Demographic Data... 55 18.1.1. Total Population.... 55 18.1.2. Total Economically Active Population (Employed Persons in All Sectors) 55 18.1.3. Men, Women, Young Men Workers... 56 18.1.4 Percentage Estimate of Men, Women and Young Workers Employed in Each Sector of the Economy.... 56 18.1.5. Active Labour Force in Informal Sector... 56 18.2. Literacy Levels... 57 18.2.1. Labour Force with Ability to Read and Write... 58 18.3. Economic Data... 58 18.3.1. Annual Per Capita Income.... 58 18.3.2. Estimated Overall Level of Resources (in TZS as % of GDP) Devoted to Occupational Safety and Health... 58 19. Other Relevant Information 59 20. Other Related Issues 65 20.1. Other Policies that May Impact on Occupational Safety and Health... 65 20.2. Occupational Safety and Health Issues Relating to International Trade... 65 20.3. Other Details and Initiatives Relevant to Occupational Safety and Health... 65
Table of Contents xi 21. Elements for Inputs in the Situation Analysis 67 21.1. Situation Analysis.... 67 21.2. Recommendations... 69 22. References 71
List of Abbreviations AGC AIDS CAG CHODAWU COMESA COTWUZ EPZ GDP HIV ILO IOC MOH NAC NGOs OSH RAAWUZ RGoZ TAMWA TEWUTA TUICOZ ZATUC UNAIDS VTA WB WHO ZAFCOWU ZALGWU ZANEMA ZASU Attorney General s Chambers Acquired Immune Deficiency Syndrome Controller and Auditor General Conservation, Hotel, Domestic and Allied Workers Union Commission of Eastern Southern African Communication and Transport Workers Union of Zanzibar Export Processing Zone Gross Domestic Product Human Immunodeficiency Virus International Labour Organization Indian Ocean Commission Ministry of Health National Aids Commission Non-Governmental Organizations Occupational Safety and Health Research, Academicians and Allied Workers Union of Zanzibar Revolution Government of Zanzibar Tanzania Media Women s Association Telecommunication Workers Union of Tanzania Tanzania Union of Industrial and Commercial Workers of Zanzibar Zanzibar Trade Union Congress United Nations Agency for HIV/AIDS Vocational Training Authority World Bank World Health Organization Zanzibar Finance and Consultative Workers Union Zanzibar Local Government Workers Union Zanzibar Employers Association Zanzibar Seafarers Union
xiv Profile on Occupational Safety and Health Zanzibar ZATU ZECO ZIC ZPAWU ZSSF ZUPHE HORAU Zanzibar Teacher s Union Zanzibar Electricity Corporation Zanzibar Insurance Corporation Zanzibar Plantation and Agricultural Workers Union Zanzibar Social Security Fund Zanzibar Union of Public and Health Employees Hotels, Restaurants and Allies Workers Union
1. National Regulatory Framework 1.1. Laws and Regulations 1.1.1. Inclusion of References to Occupational Safety and Health Requirements in the Constitution of Zanzibar The Constitution of Zanzibar, 1984 (as revised up to 13 th August, 2010), does not have a specific provision on occupational safety and health requirements, it nevertheless, embodies provisions for ensuring the fundamental rights of all citizens, protecting citizens from forced labour, ensuring freedom of assembly and association; all of which can be considered as provisions relevant to occupational safety and health in Zanzibar. Chapter 3 of the Constitution of Zanzibar contains several provisions which can be considered as references to occupational safety and health requirements. The most prominent provision is section 13 of the Constitution of Zanzibar which provides for the right to life. Section 13(1) states that, Every person has the right to the preservation of his life ; section 13 (2) states that, Every person has the right to live and to the protection of his life by the society in accordance with the law. Section 13 (3) states that, It is prohibited for a person to be tortured, inhumanly punished, or to be given punishment which is degrading or humiliating. Section 20 (1) of the Zanzibar Constitution provides for the protection of freedom of assembly and association. It states that, Every person is entitled to freedom, subject to one s free choice to freely and peaceably assemble, associate and co-operate with other persons, and more especially to form or join associations or organizations formed for workers human rights organizations or other organizations for his benefit and which are established in accordance with the laws of the land. Section 21 (3) of the Constitution of Zanzibar states that, Every Zanzibarian has the right to work and entitled to equal opportunity and right of equal terms to hold any office or discharge any function under the state authority of Zanzibar. Furthermore, section 25(1) states that, Every person in Zanzibar without prejudice to that person s tribe, place of origin or domicile or any other relations whatsoever, political lineage, colour, religion or sex has the right and duties to enjoy fundamental human rights and personal freedom, provided that personal freedom shall not be exercised in a manner that neither infringes upon the right and freedom of others nor the public interest, that person shall be entitled to get and receive protection of each and all of the following: (a) right to live, right to individual protection in accordance with the law; (b) freedom of thought, freedom of expression, freedom of assembly and association; and (c) the rights to domestic privacy and protection of one s property and the right for the property not to be taken away without fair compensation. The provisions of Chapter 3 are intended to enable the preservation of the said rights and freedom in accordance with prescribed limitations in respect of those rights and freedoms as provided for in the relevant Articles for the purpose of ensuring that the enjoyment of those rights and the individual freedoms does not infringe upon the rights and freedom of others, or national interest in general.
2 Profile on Occupational Safety and Health Zanzibar The provisions of Chapter 3 of the Constitution of Zanzibar presented in this part of the OSH profile are important for effective implementation of occupational safety and health functions and programmes both at national and enterprise level. 1.1.2. Laws or Acts, Regulations, and Collective Bargaining Agreements Occupational safety and health in Zanzibar is governed by the following legislation: 1.1.2.1. The Occupational Safety and Health Act No.8, 2005 The aim of the Act is to repeal the Factories (Safety and Supervision) decree and to make better provisions for the safety, health and welfare of persons at workplaces, and to protect other persons against hazards to safety and health arising out of or in the connection to the activities at workplaces; and to provide for matters connected therewith. The Act is administered to ensure safe and healthy work environment, prevention of work-related diseases and accidents, and promotion of the work ability and functional capacity of employees, as well as the provision of preventive occupational health services for the employee in all sectors of the Zanzibar economy. The Act encompasses the changes brought about by the introduction of new technologies and equipment and new hazards at the places of work. It is applicable to both the public and private sectors and addresses the occupational safety and health issues in Zanzibar. The Occupational Safety and Health Act No.8,2005 is divided into thirteen parts: Part I deals with preliminary provisions; Part II deals with administration and enforcement of the Act; Part III deals with registration of workplaces; Part IV relates to safety, health and welfare provisions; Part V refers to general duties of self-employed and employers; Part VI deals with general duties of manufacturers, suppliers and transporters; Part VII refers to duties, rights and responsibilities of employees; Part VIII refers to the safety provisions; Part IX refers to fire preparedness; Part X deals with hazardous materials and processes; Part XI deals with chemical provisions; Part XII refers to offences and penalties; Part XIII refers to miscellaneous provision. Some of the novel features of the Act include the establishment of the Occupational Safety and Health Committee which is a tripartite body charged with the responsibility of hearing and determination of any complaints from the decisions of the Director of Occupational Safety and Health in Zanzibar. Another novel feature in the Act is the appointment or designation of health and safety representatives in all workplaces with ten or more employees whose functions include the following: (a) (b) (c) (d) (e) (f) (g) to review the effectiveness of health and safety measures; to identify potential hazards and major incidents at workplaces; to collaborate with employer examine the causes of incidents at the workplace; to investigate complaints by any employee relating to that employee s health or safety at work; to make representations to the employer or where such representations are unsuccessful, to an inspector; to inspect any document which the employer is required to keep in terms of this Act in so far as is reasonably necessary to perform his or her functions; to accompany an inspector on any inspections;
1. National Regulatory Framework 3 (h) (i) to participate in any internal health or safety audit; to report accidents, near misses; injuries, illnesses, deaths, and non-compliance to the inspector. A number of occupational safety and health regulations that will allow smooth administration of the Occupational Safety and Health Act, 2005 are yet to be developed. The Ministry of Labour, Economic Empowerment and Cooperatives is in the process of developing such regulations, and the Ministry has so far developed only regulation namely, Regulations for Registration and Compliance of Workplace (Made Under section 133). They are also cited as the Fees for Registration and Compliance of Workplaces Regulations 2012. 1.1.2.2. Workers Compensation (Amendment) Act No. 5, 2005 The aim of Workers Compensation (Amendment) Act, 2005 is to amend the Workmen s Compensation Act No. 15 of 1996 and provide for compensation to workmen for injuries or diseases suffered in the course of their employment. The Act is divided into eight parts: Part I deals with the interpretation; Part IA deals with administration provisions; Part II specifies provisions regarding liability of employer; Part III deals with compensation for injury; Part IV specifies provisions regarding claims for compensation; Part V deals with judicial proceedings; Part VI specifies provisions regarding medical aid; Part VII deals with occupational diseases; Part VIII specifies general provisions. One of the provisions in the Workers Compensation Act is the establishment of Workers Compensation Inspectorate under the Ministry responsible for labour. Until the time of writing this profile the Workers Compensation Inspectorate has not been established under the Ministry responsible for labour. The Workmen s Compensation Act was enacted in 1986 and was administered under the Ministry responsible for social welfare until it was amended in 2005 and placed under the Ministry responsible for labour matters. The Workmen s Compensation Act No. 15 of 1986 is divided into ten parts: Part I deals with preliminary provisions; Part II specifies provisions regarding liability of employer; Part III deals with compensation for injury provisions; Part IV specifies provisions regarding compensation for injury to clove pickers; Part V deals with compensation for injury during in the course of sporting; Part VI specifies provisions regarding claims for compensation; Part VII deals with judicial proceedings provisions; Part VIII specifies provisions regarding medical aid; Part IX deals with occupational diseases provisions; Part X specifies general provisions. For reasons not very clear the workers compensation matters are still under the ministry responsible for social welfare. Workers Compensation Act, 2005 is a principal legislation that guides all compensation claims to employees who get injured or being affected by work related hazards and is for both employees in private and public sector in Zanzibar. 1.1.2.3. The Labour Relations Act No. 1, 2005 The aim of this Act is to provide for the regulation of labour relations and dispute resolution between employers and employees and matters related thereto. The Act deals with the fundamental rights of employees and employers at workplace and rights towards collective bargaining and collective agreements. It is an Act that is applicable to all employees engaged to work in Zanzibar; but is also applicable to all employers that engage employees to work for them. The Act is not applicable to judges and all Judiciary officers, members of Special Departments, and
4 Profile on Occupational Safety and Health Zanzibar employees of the House of Representatives. The Act is divided into eleven parts: Part I deals with preliminary provisions; Part II deals with fundamental rights of employees and employers; Part III specifies the provisions regarding registration of trade unions and organizations; Part IV deals with the provisions regarding constitution and governance of trade unions; Part V specifies provisions regarding property, funds, and accounts of trade unions; Part VI deals with organization rights; Part X specifies provisions regarding the Zanzibar Industrial Court; Part XI deals with miscellaneous provisions. One of the novel features of the Labour Relations Act, 2005 is the establishment of the Zanzibar Industrial Court which in case of any labour dispute shall: (a) hear, receive and consider any submissions, arguments or evidence made, presented or tendered by or on behalf of (i) the employees concerned; (ii) the trade union of which such employees may be members; (iii) the employer concerned; and (iv) any organizations which, in the opinion the court, represents the interests of the employers and of which the employer concerned is a member. (b) seek advice or consult in such manner as it may think appropriate from any public officer, public department, body corporate or institution of Government on financial and economic policies. 1.1.2.4. The Employment Act No. 11, 2005 The aim of Employment Act, 2005 is to repeal the Labour Act No. 3 of 1997 and re-enact the Employment Act, entrench core labour rights, establish basic employment standards and to provide for other matters connected therewith. The Act applies to all private and public sector. The Act shall not apply to: (a) (b) (c) (d) members of armed forces, police and state security; a member of Special Department; employees covered under the current legislation related to merchant shipping; such category or class of public officers, public authority or employees exempted by the Minister The Employment Act, No. 11 of 2005 is divided into eleven parts: Part I deals with preliminary provisions; Part II specifies the provisions regarding fundamental rights and protection; this part provides for prohibition of forced labour, restriction on employment of children, prohibition of worst forms of child labour, condition of employment of young persons, exemption from restriction of employment of children and young persons, prohibition of discrimination, prohibition of sexual harassment in employment, and freedom of association and collective bargaining. Part III deals with administration and jurisdiction provisions; Part IV specifies provisions for establishment of the labour advisory board; Part V deals with employment procedures and foreign employment; Part VI specifies the provisions for contracts of service; Part VII deals with employment standards and rights; Part VIII deals with conditions of employment for special categories of employment; Part IX specifies the provisions for wage fixing machinery and wage protection; Part X deals with provisions for disciplinary measures, penalties and termination; Part XI specifies miscellaneous provisions. The Employment Act, 2005 applies to contracts in which an employee personally agrees to perform work for an employer under the
1. National Regulatory Framework 5 employer s direction and supervision. The Act stipulates that an employee is entitled to a salary as an exchange of services to his employee; additionally the employer has been granted powers to hire and to terminate an employment contract. 1.1.2.5. The Zanzibar Social Security Fund Act No.2, 2005 Zanzibar Social Security Fund was established under Act No. 2 of 1998 which was later amended by the Act No. 9 of 2000 and Government Notice of 2004. The Act was eventually appealed and re-enacted as Zanzibar Social Security Fund Act No. 2 of 2005. The aim of Zanzibar Social Security Fund Act is to repeal and re-enact Zanzibar Social Security Fund and to provide for other matters related thereto. The Act is applicable to all employees in the public and private sector except those employees specifically exempted by the Minister. The Act is divided into six parts: Part I deals with preliminary provisions; Part II deals with the establishment of the Zanzibar Social Security Fund; Part III specifies the provisions for establishment and constitution of the Board of Trustees; Part IV specifies provisions regarding registration and contributions to the fund; Part V deals with benefits; Part VI deals with miscellaneous provisions. The Zanzibar Social Security Fund was established with the aim of providing benefits to employees during the retirement age. Under this act the employer has the obligation to contribute 10% of employee s salary while employee contributes 5% of his or her salary. The Zanzibar Social Security Fund was established in 1998 under the Ministry of Finance and is directed by a tripartite Board of Trustees with members representing the Government, workers and employers. Zanzibar Social Security Fund provides three benefits namely, old age, disability and survivors benefits. The Fund is in the process of introducing maternity and medical benefits. The Zanzibar Social Security Fund has 774 employer-members and 55,000 workermembers who contribute to the Fund. The coverage at the moment is still very low, covering only ten percent of the Zanzibar population. 1.1.3. Occupational Safety and Health Related Laws and Regulations Issued Under Ministries of State, Presidents Office 1.1.3.1. Fire and Rescue Department Fire and Rescue Department for Zanzibar was established under Fire Brigade and Rescue Act No. 7 of 1999. The aim of the Act is to establish the Department of Fire Brigade and Rescue from different calamities and build better structure, administration, discipline and performance of Fire Brigade services. The Act is divided into four parts: Part I deals with preliminary provisions; Part II specifies the provisions regarding the establishment, functions, appointment and functions of officers and powers of the brigade; Part III deals with administration and discipline of the Brigade provisions; Part IV deals with miscellaneous provisions. The responsibilities of Fire and Rescue Department are: to extinguish fires, prevent and abate the fire accident, to save lives and properties in the event of fires or other calamities, to discharge any other duties as may be imposed by law or directed by the Ministry responsible for Fire and Rescue Department. The fire brigade is duty bound to respond to all kinds of fire and other emergencies occurring in the islands of Unguja and Pemba in the homes and public places, airports, marine, roadways, factories, etc. There are emergency plans prepared by the Fire and Rescue Department in collaboration with other related stakeholders.
6 Profile on Occupational Safety and Health Zanzibar 1.1.3.2. Public Service and Good Governance Zanzibar Public Service is managed by the President s Office (Public Service and Good Governance). The Public Service and Good Governance is responsible for administration of the Public Service Act No. 2 of 2011. The aim of the Act is to provide for the structures, operation and management of the Zanzibar public service and matters related thereto. The Act is divided into twelve parts: Part I deals with preliminary provisions; Part II specifies provisions regarding basic public service principles and values; Part III deals with administration of public service provisions; Part IV specifies provisions regarding establishment of institutions; Part V deals with human resource management provisions; Part VI specifies provisions regarding employment standards and labour relations; Part VII deals with management of discipline provisions; Part VIII specifies provisions regarding pay in the public service; Part IX deals with records and information management provisions; Part X specifies provisions regarding public service management information system; Part XI deals with accountability provisions; Part XII deals with miscellaneous provisions. In particular, Part VI of the Public Service Act, 2011 specifies provisions for occupational safety and health requirements in public offices. In this part of the Act, the Occupational Safety and Health Act, 2005 is cited as an important reference. 1.1.3.3. Occupational Safety and Health Related Laws and Regulations Issued Under First Vice President s Office 1.1.3.3.1. The Environment Department Zanzibar is renowned for its beautiful and productive tropical environment, but one cannot take environment for granted; there must be deliberate efforts to protect and preserve it. To the Revolution Government of Zanzibar (RGoZ), the quality of Zanzibar environment and its preservation is an important agenda for action. Protection of the health and welfare of the people of Zanzibar is a top priority. Recognizing how important the environment is, the RGoZ decided to prepare the National Environmental Policy in 1992. The foundation of the National Environmental Policy is to protect and improve the environment in a manner which contributes to the quality of life of both present and future generations. The policy attempts to harmonise environmental protection with other factors such as occupational safety and health. In particular, the National Environmental Policy aims to guide economic activities in ways that will be sustainable and will not harm the environment in the long term. The policy is a response to the challenges posed by existing environmental problems, such as pollution and depletion of natural resources. It recognises the essential links between sustainable development and sound environmental management and takes account of the special limitations of island ecosystems. The guiding principles upon which the National Environmental Policy is based are: Maintenance of basic ecological processes upon which all productivity and regeneration, on land and in the sea, depend. Promotion of the sustainable use of renewable resources and rational use of non-renewable resources, and-to minimize irrational use, contamination or destruction of resources. Preservation of the biological diversity, cultural reaches and natural beauty of Zanzibar s lands and seas. Assurance that the quality of life of the people of Zanzibar, present and future, is not harmed by destruction, degradation or pollution of their environment.
1. National Regulatory Framework 7 Strengthening both the institutional mechanisms for protecting the environment and the capabilities of the institution involved. The responsibility of implementing environmental policy and programmes rests with the Department of Environment under the First Vice President s Office. However, management of the environment is not the business of one player only; it requires many other players, one of them being the Zanzibar Directorate of Occupational Safety and Health. The Revolutionary Government of Zanzibar recognises the need for an institutional framework capable of ensuring that the policy is implemented and hence establishment of the Department of Environment. It is the task of the Department of Environment to coordinate the efforts of all players in implementing the policy. In particular, the Department of Environment is charged with the following functions: (a) (b) (c) (d) (e) (f) To promote and monitor the implementation of the environmental policy, by all sectors of the Government and by the people of Zanzibar; To maintain a well organised environmental information bank; To provide environmental inputs into planning process, based on the National Environmental Policy; To monitor the state of the environment and organise relevant research; To tackle immediate environmental problems and stimulate others to take action for environmental protection; and To promote awareness of, and training in environmental issues. Zanzibar is capable of achieving sustainable development through sound environmental management by involving all stakeholders including her people. The National Environmental Policy for Zanzibar was followed by enactment of the Environmental Management for Sustainable Development Act No. 2 of 1996. This Act binds the Government. The aim of the Act is to manage the environment for sustainable development of Zanzibar and matters related thereto. The Act is divided into nine parts: Part I deals with preliminary provisions; Part II specifies provisions regarding general environmental obligations; Part III deals with administration provisions; Part IV specifies provisions regarding planning; Part V deals with environmental impact assessment provisions; Part VI specifies provisions regarding control and management of specific environmental threats; Part VII deals with protected areas and biological diversity provisions; Part VII specifies provisions regarding offences; Part IX deals with miscellaneous provisions. The Parts V and VI of the Act have a number of provisions that deal with occupational safety and health related issues. 1.1.3.4. Occupational Safety and Health Related Laws and Regulations Issued Under Second Vice President s Office 1.1.3.4.1. Disasters Management Department Zanzibar has been experiencing a number of disastrous events of both natural and man-made origin and is continually prone to variety of such hazardous events. In recent years, Zanzibar has been greatly affected by marine accidents which have claimed a significant number of human lives. In view of this situation, the Revolutionary Government of Zanzibar has formulated Disaster Management Policy which is aimed at setting administrative and operational mechanisms towards building resilient communities by enhancing the use of and access to
8 Profile on Occupational Safety and Health Zanzibar knowledge and resources in disaster prevention, mitigation, preparedness, response and recovery at all levels in the country. The Zanzibar Disaster Management Policy was formulated eight years after the Disasters Management Act was enacted. Disasters Management Act, 2003 was enacted to provide for a system for the anticipation, coordination and control of disastrous situations and matters incidental thereto. The Act is divided into eight parts: Part I deals with preliminary provisions; Part II specifies provisions regarding the disaster relief coordination commission; Part III deals with disaster relief coordination committees; Part IV specifies provisions regarding declaration and operation in disaster areas; Part V deals with provisions for preventing people and evacuation; Part VI specifies provision regarding national emergency coordination plan; Part VII deals with national disaster relief fund provisions; Part VIII specifies provisions regarding offences and penalties. The Revolutionary Government of Zanzibar has established a Disaster Management Department under the Second Vice President s Office, which is the principal functional body responsible for management of disasters in Zanzibar. The Disaster Management Department is also responsible for overall coordination of Zanzibar Disaster Management Policy. Specific roles and responsibilities of the Disaster Management Department are stipulated in the Policy. Disaster management requires the cooperation between different players at international, national and local levels; and because of its multi-dimensional nature it requires a well-coordinated management by drawing a wide range of skills, knowledge and experiences from range of stakeholders at all levels. 1.1.3.5. Occupational Safety and Health Related Laws and Regulations Issued by the Ministry of Health 1.1.3.5.1. Occupational Health Services The present National Health Policy for Zanzibar, 2011 is silent on occupational safety and health issues. The policy does not have any explicit statement on occupational safety and health issues. There are also no regulations on occupational safety and health developed under the Public Health legislation. The Occupational Health Services in the Ministry of Health is responsible for the provision of occupational health services in Zanzibar. The Occupational Health Services Unit is run by 9 members of staff comprising of 1 medical doctor, 1 occupational health nurse, 6 environmental health officers, and 1 vector control expert. The Unit, in the course of executing its day to day activities has assumed safety functions which are traditionally executed by the Occupational Safety and Health (OSH) Directorate under the Ministry of Labour, Economic Empowerment and Cooperatives. The Occupational Health and Safety Unit is responsible for occupational health services and related matters. The Unit provides occupational health services in areas of workers medical examination. The practice in Zanzibar shows that the Occupational Health Services Unit in the Ministry of Health engages itself in activities that deal with safety issues but such activities would usually be the functions of Occupational Safety and Health Directorate. OSH Directorate is the designated agency responsible for occupational safety health activities and programmes in Zanzibar which should work hand in hand with other key players such as the Occupational Safety and Health Unit under the Ministry of Health. 1.1.3.5.2. The Zanzibar Food, Drugs and Cosmetics Board The Zanzibar Food, Drugs and Cosmetics Board was established in 2006 under the Zanzibar Food, Drugs and Cosmetics Act No. 2 of 2006; charged with the functions stipulated in section 4 of the Act. The aim of the Act is to provide for efficient and comprehensive regulation and
1. National Regulatory Framework 9 control of food, drugs, medical devices, cosmetics, herbal drugs and poisons and to repeal the pharmaceuticals and Drugs Act, 1986 and provide for related matters. The Zanzibar Food, Drugs and Cosmetics Act, 2006 is divided into nine parts: Part I deals with preliminary provisions; Part II deals with administrative and general provisions; Part III specifies provisions regarding food; Part IV deals with drugs provisions; Part V specifies provisions regarding cosmetics; Part VI deals with packaging and labelling provisions; Part VII specifies provisions regarding promotional activities; Part VIII deals with enforcement and legal proceedings provisions; and Part IX deals with miscellaneous provisions and savings. The Zanzibar Food, Drugs and Cosmetics Board works with other institutions such as Directorate of Occupational Safety and Health, particularly in areas of service delivery where OSH Directorate can complement due to its mandate and expertise. 1.1.3.5.3. Chief Government Chemist Laboratory The Chief Government Chemist Laboratory for Zanzibar draws its powers from the Establishment of the Chief Government Chemist Laboratory Act No. 10 of 2011, which is an Act to make provisions for the establishment and operation of the Chief Government Chemist Laboratory and to provide for the matter connected therewith and incidental thereto. The functions of the Laboratory are stipulated in section 5 of the Act, and some of them are relevant to occupational safety and health hence the need to collaborate with the Directorate of Occupational Safety and Health. The Establishment of the Chief Government Chemist Laboratory Act, 2011 is divided into four parts: Part I deals with preliminary provisions; Part II specifies provisions regarding establishment and administration of the laboratory; Part III deals with financial provisions; Part VI specifies general provisions. In particular, section 5 (4) (d) (e) and (f) stipulate the functions of the laboratory which are similar to the functions of the Directorate of Occupational Safety and Health. 1.1.3.6. Occupational Safety and Health Related Laws and Regulations Issued Under Ministry of Infrastructure and Communication 1.1.3.6.1. Road Transport Department and Zanzibar Maritime Authority The Road Transport Department is charged with among other things, the responsibility of ensuring safety of the means of road transportation in Zanzibar. The Department is responsible for administration of the Road Transport Act No. 7 of 2003. The aim of the Road Transport Act, 2003 is to provide for the regulation of traffic on roads and of motor vehicles and for other matters related thereto. The Act is divided into eleven parts: Part I deals with preliminary provisions; Part II specifies provisions regarding the administration of road transport legislation; Part III deals with weighing. Measuring and examination of motor vehicles; Part IV specifies provisions regarding the registration and licencing of motor vehicles provisions; Part V deals with licencing of commercial vehicles provisions; Part VI specifies provisions regarding the testing and licencing of drivers of motor vehicles; Part VII deals with safety and traffic management provisions; Part VIII deals with enforcement provisions; Part IX specifies provisions regarding the fees, charges and other amounts payable under the Act; Part X deals with summary punishment provisions; and Part XI deals with miscellaneous provisions. One year after enactment of the Road Transport Act, 2003, the Ministry formulated the Commercial Motor Vehicles Regulations cited as the Road Transport (Licencing of Commercial Vehicles) Regulations, 2004. The Commercial Motor Vehicles Regulations is divided into nine parts: Part I deals with