Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Uganda (Ratification: 1963)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture) and 19 (equality of treatment) together.

Application of the Conventions Nos 12 and 19 in practice. In reply to the Committee’s previous request for comprehensive information on the manner in which the Workers’ Compensation Act, 2000 (WCA 2000), was implemented, the Government indicates in its report that the WCA 2000 covers all workers suffering occupational injuries and diseases, including workers in agriculture. The Committee requests the Government to provide statistical data on the number of workers covered by the WCA, 2000, including the approximate number of agricultural workers, as well as the number of foreign workers in Uganda, together with their nationality and occupational distribution. The Committee further requests the Government to provide statistical data on the number and nature of occupational accidents reported and compensated, involving, in particular, agricultural and foreign workers. Lastly, the Committee requests the Government to indicate the amount of workers’ compensation paid (1) to Ugandan nationals, in the case of residency outside of Uganda, and (2) to foreign nationals from countries that have ratified the Convention, or to their dependants, who reside abroad.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Application of the Convention in practice. The Committee notes the Government’s indication in reply to the observations made in 2012 by the National Organisation of Trade Unions (NOTU) that it has requested the NOTU to supply further information on the alleged cases in which several victims of occupational injuries were not compensated in accordance with the Workers’ Compensation Act, 2000 (WCA, 2000). The Committee asks the Government to provide information on how the above cases were handled in practice. It also reiterates its request to the Government to supply comprehensive information on the manner in which the WCA, 2000 is implemented throughout the country, including by supplying copies of annual reports produced by the agency in charge of implementing the employment injury legislation and by the labour inspectorate with respect to the number and nature of occupational accidents.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12 and 17 to which Uganda is party are outdated and charging the Office with follow-up work aimed at encouraging States party to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or accept, inter alia, Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102), as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received and expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information supplied by the National Organisation of Trade Unions (NOTU) in August 2012 regarding the application of the Convention in practice. According to the NOTU, in spite of the existence of legislation regarding workers’ compensation covering workers in the agricultural sector (Workers’ Compensation Act 2006), several workers who have suffered occupational injuries have not been compensated in accordance with the law. The NOTU also stresses that due to the lack of mechanisms for the victims to seek compensation, as there are no labour offices in most areas to enforce the law, few victims have access to the Commissioner of Labour, and that in certain cases employers refuse to give effect to the Commissioner’s decisions. Taking note of this information and referring to its observation on the application of Convention No. 17, the Committee asks the Government to supply a detailed report indicating the manner in which the Convention is applied in practice in the case of agricultural workers, including those employed in remote geographical areas.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the information supplied by the National Organisation of Trade Unions (NOTU) in August 2012 regarding the application of the Convention in practice. According to the NOTU, in spite of the existence of legislation regarding workers’ compensation covering workers in the agricultural sector (Workers’ Compensation Act 2006), several workers who have suffered occupational injuries have not been compensated in accordance with the law. The NOTU also stresses that due to the lack of mechanisms for the victims to seek compensation, as there are no labour offices in most areas to enforce the law, few victims have access to the Commissioner of Labour, and that in certain cases employers refuse to give effect to the Commissioner’s decisions. Taking note of this information and referring to its 2012 observation on the application of Convention No. 17, the Committee asks the Government to supply a detailed report indicating the manner in which the Convention is applied in practice in the case of agricultural workers, including those employed in remote geographical areas.

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

The Committee notes that the Government’s report due in 2012 has not been received. It notes however the information supplied by the National Organisation of Trade Unions (NOTU) in August 2012 regarding the application of the Convention in practice. According to the NOTU, in spite of the existence of legislation regarding workers’ compensation covering workers in the agricultural sector (Workers’ Compensation Act 2006), several workers who have suffered occupational injuries have not been compensated in accordance with the law. The NOTU also stresses that due to the lack of mechanisms for the victims to seek compensation, as there are no labour offices in most areas to enforce the law, few victims have access to the Commissioner of Labour, and that in certain cases employers refuse to give effect to the Commissioner’s decisions. Taking note of this information and referring to its 2012 observation on the application of Convention No. 17, the Committee asks the Government to supply a detailed report indicating the manner in which the Convention is applied in practice in the case of agricultural workers, including those employed in remote geographical areas.

[The Government is requested to report in detail in 2014.]