Underground Work (Women) Convention, 1935 (No. 45) - Uganda (Ratification: 1963)

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

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the 113th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also requested the Office to follow-up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments concerning OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying the most up-to-date instruments in this subject area.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request, and has no further matters to raise in this regard.

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

Legislation. Comments from the National Organization of Trade Unions of Uganda. The Committee notes that according to comments submitted by the National Organization of Trade Unions of Uganda (NOTU) there is no law applying the present Convention. The Committee notes that according to the most recent report of the Government, submitted in 1999, full effect is given to the Convention by Part V of the Employment Decree No. 4 of 1975. The Committee requests the Government to submit any comments it may deem appropriate in relation to the observations of the NOTU transmitted in 2012.

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

The Committee notes 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 direct request, which read as follows:

Repetition

Legislation. Comments from the National Organization of Trade Unions of Uganda. The Committee notes that according to comments submitted by the National Organization of Trade Unions of Uganda (NOTU) there is no law applying the present Convention. The Committee notes that according to the most recent report of the Government, submitted in 1999, full effect is given to the Convention by Part V of the Employment Decree No. 4 of 1975. The Committee requests the Government to submit any comments it may deem appropriate in relation to the observations of the NOTU.

Working party on policy regarding revision of standards. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the working party on policy regarding the revision of standards, the ILO Governing Body has decided that with respect to underground work the states parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

Consideration of the Safety and Health in Mines Convention, 1995 (No. 176). In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. Comments from the National Organization of Trade Unions of Uganda. The Committee notes that according to comments submitted by the National Organization of Trade Unions of Uganda (NOTU) there is no law applying the present Convention. The Committee notes that according to the most recent report of the Government, submitted in 1999, full effect is given to the Convention by Part V of the Employment Decree No. 4 of 1975. The Committee requests the Government to submit any comments it may deem appropriate in relation to the observations of the NOTU.

Working party on policy regarding revision of standards. The Committee takes this opportunity to recall that, based on the conclusions and proposals of the working party on policy regarding the revision of standards, the ILO Governing Body has decided that with respect to underground work the states parties to Convention No. 45 should be invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176), and possibly denouncing Convention No. 45 even though the latter instrument has not been formally revised (see GB.283/LILS/WP/PRS/1/2, paragraph 13). Contrary to the old approach based on the outright prohibition of underground work for all female workers, modern standards focus on risk assessment and risk management and provide for sufficient preventive and protective measures for mineworkers, irrespective of gender, whether employed in surface or underground sites. As the Committee has noted in its 2001 General Survey on night work of women in industry in relation to Conventions Nos 4, 41 and 89, “the question of devising measures that aim at protecting women generally because of their gender (as distinct from those aimed at protecting women’s reproductive and infant nursing roles) has always been and continues to be controversial” (paragraph 186).

Consideration of the Safety and Health in Mines Convention, 1995 (No. 176). In the light of the foregoing observations, and also considering that the present trend is no doubt to remove all gender-specific restrictions on underground work, the Committee invites the Government to give favourable consideration to the ratification of the Safety and Health in Mines Convention, 1995 (No. 176), which shifts the emphasis from a specific category of workers to the safety and health protection of all mineworkers, and possibly also to the denunciation of Convention No. 45. In this respect, the Committee recalls that according to established practice, the Convention will be next open to denunciation during a one-year period from 30 May 2017 to 30 May 2018. The Committee requests the Government to keep it informed of any decision taken in this regard.