Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Uganda (Ratification: 2005)

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC), in particular concerning the recently passed Public Order Management Bill containing restrictions to freedom of assembly. The Committee requests the Government to provide its observations on these comments, as well as on the ITUC allegations of 2012 (government interference in union election, police intervention preventing union from meeting workers and storming by police of a protest action) and 2010 (shooting of workers participating in a protest action by the police resulting in two deaths and one worker injured).

In its previous comments, the Committee requested the Government to take measures to amend or repeal the following provisions of the 2006 Labour Unions Act (LUA) and the 2006 Labour Disputes (Arbitration and Settlement) Act (LDASA):

• – Section 18 of the LUA (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee notes that the Government indicates in its report that the 90-day period takes into consideration the time needed for the prospective union to constitute its executive, open a bank account, elaborate its constitution and verify the legitimacy of its proposed name. The Committee requests the Government to indicate the average duration of the registration procedure.
• – Section 23(1) of the LUA (interdiction or suspension of union officers by the Registrar). The Committee notes that, according to the Government, the Registrar takes action when satisfied that the officer has been convicted in court on the listed grounds. The Committee observes, however, that the Registrar is also authorized to take action when satisfied that the officer is being investigated with a view to prosecution, and that the reasons for interdiction or suspension of union officers include the wilful and persistent failure to comply with the Registrar’s directions. The Committee recalls that only the conviction on account of offences the nature of which is such as to prejudice the aptitude and integrity required to exercise trade union office may constitute grounds for disqualification from holding such office. The Committee requests the Government to take steps to amend section 23(1) so as to ensure that the Registrar may only remove or suspend trade union officers after conclusion of the judicial proceedings and only for reasons in line with the principle cited above.
• – Section 31(1) of the LUA (eligibility condition of being employed in the relevant occupation). Noting that the Government merely indicates that the provision corresponds to the unions’ choice, the Committee again requests the Government to take steps to amend section 31(1) so as to introduce flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
• – Section 33 of the LUA (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)). The Committee notes that, according to the Government, the aim of this provision is to encourage unions to get together annually to review their programmes, identify challenges and check on leadership and finances. The Committee considers that this decision should be left to the unions. It requests the Government to take steps to repeal section 33 so as to guarantee the right of organizations to organize their administration.
• – Section 5(1) and (3) of the LDASA (referral of non-resolved disputes to compulsory arbitration by or at the request of any party) and section 29(2) of the LDASA (responsibility for declaring a strike illegal lies with the Government). The Committee requests the Government to take steps to amend these provisions.

Finally, concerning Schedule 2 of the LDASA (list of essential services), the Committee notes the Government’s reference to the harmonization of the list of essential services in the LDASA with that in the 2008 Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act, to be undertaken by the Labour Advisory Board. The Committee requests the Government to provide information in its next report on any developments in this respect. Furthermore, with regard to section 29(3) of the LDASA, the Committee requests the Government to provide a copy of the Regulations elaborated under section 29, which, according to the Government’s report, provide for a machinery for handling disputes in essential services as an alternative to the use of sanctions.