Post-Privatisation Protection of Employment Rights in Tanzania A Return to Rhetorics?

Abstract

Privatisation of public enterprises in Tanzania, wholly or partially, was propagated on the promise that it was the panacea to all economic ills, which was to include revival of public enterprises, most of which were limping or resurrecting from the tomb of Lazarus into which they had been laid. However, the promised miracles, including increased employment and improved working conditions have not happened. On the contrary, one net effect of privatisation was the reduction in employment, which prompted government intervention through a number of laws and policies to address the plight of employees, particularly securing their employment and creating good working conditions. Subsequently, indigenous employees were given preference in employment where necessary, and their positions were secured. Moreover, even where the investor had employed some foreigners, the law made provision that such positions would eventually be taken over by indigenous employees. However, these restrictions were said to violate the so called international best labour practices embodied in various ILO Conventions to which Tanzania is a party. In this study, it is argued that the legislations which are said to restrict the employment of foreigners to give more opportunity to Tanzanians were necessary, despite the international treaties to which Tanzania is a signatory. Tanzania as a sovereign state should be able to pass legislations which are beneficial to its people, without necessarily hurting the interests of the investors, which include conducive environment for doing their business and getting profits, without regard to who should be employed.