Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uganda (Ratification: 1963)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee had requested the Government to provide detailed comments on the allegations of anti-union discrimination practices, in response to the observations made by the International Trade Union Confederation and the National Organization of Trade Unions of Uganda in 2014 and 2012 respectively. The Committee notes with regret the absence of reply from the Government. It trusts that the Government will show greater cooperation in the future and urges the Government to provide its comments to the referred observations.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had noted the Government’s indication that the Labour Unions Act No. 7 of 2006 (LUA) was under review, and had requested the Government to take the necessary measures to ensure that the revised legislation recognizes the right of trade union federations and confederations to engage in collective bargaining (section 7 of the LUA). The Committee notes the Government’s indication that this process is still ongoing, and the Committee’s observation on this matter is one of the areas for amendment. Recalling that the review process of the LUA has been ongoing for some years, the Committee expects that it will be amended without delay, following consultations with the social partners, to ensure its conformity with the Convention. The Committee requests the Government to provide information on any developments in this regard.

Compulsory arbitration. The Committee has, for many years, requested the Government to amend sections 5(1) and (3), and 27 of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) with a view to ensuring that arbitration may only be imposed in the case of disputes in the public service involving public servants engaged in the administration of the State (Article 6 of the Convention), or in essential services in the strict sense of the term (namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or in the case of acute national crisis. The Committee notes withconcernthe Government’s indication that theLDASA was amended in 2020 but that section 5 (1) and (3) and 27 were not amended in the process, despite the Government’s previous indication that consultations were held with the social partners to amend these provisions.The Committee notes the Government’s indication that it will consider addressing the matter through other policy arrangements.The Committee urges the Government to, in consultation with the social partners, take all the necessary measures to amend sections 5(1) and (3), and 27 of the LDASA, irrespective of other policy arrangements that may be adopted by the Government, to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute and that the applicable legislation is fully in line with the Convention. The Committee requests the Government to provide information on any developments in this regard, including any other policy arrangements adopted.

Articles 4 and 6. Promotion of collective bargaining for public servants not engaged in the administration of the State. The Committee had requested the Government to provide information on the outcome of the negotiation between the Council, composed of ten Public Service Labour Unions, which concluded a collective bargaining discussion for salary increase for the period of five years, starting from the financial year of 2018–19. Observing that the Government does not provide information on the outcome of this negotiation, the Committee once again requests the Government to provide it.

Application of the Convention in practice. The Committee notes the Government’s indication with respect to the challenges for implementation and enforcement of the existing legislation on freedom of association in informal enterprises, due to the low number of workers, the casual nature of their work, and the instability of enterprises, which leads to obstacles to unionization. The Committee observes that this situation also results in challenges to collective bargaining. The Committee requests the Government to provide information on the measures taken to promote collective bargaining for workers in the informal sector and recalls that it may avail itself of the technical assistance of the Office. The Committee also requests the Government to provide detailed information on the number of collective agreements concluded and in force, in all sectors of the economy, and the number of workers covered by these agreements.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee had requested the Government to provide detailed comments on the allegations of anti-union discrimination practices, in reply to the observations made by the International Trade Union Confederation and the National Organization of Trade Unions of Uganda in 2014 and 2012 respectively. In the absence of a reply in the report from the Government, the Committee reiterates its previous request.

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had noted that under section 7 of the Labour Unions Act No. 7 of 2006 (LUA), trade union federations do not have the right to engage in collective bargaining. The Committee had recalled that the right to collective bargaining should also be granted to federations and confederations of trade unions and had therefore requested the Government to amend section 7 of the LUA. The Committee notes the Government’s indication that it has initiated the process to review the LUA and that the social partners have been requested to submit their comments on areas that require review, including section 7. The Committee requests the Government to take the necessary measures to ensure that the revised legislation will recognize the right of trade union federations and confederations to engage in collective bargaining.

Compulsory arbitration. The Committee had previously noted that sections 5(1) and (3), and 27 of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) establish the referral of non-resolved disputes to compulsory arbitration by or at the request of any party, and had recalled that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants engaged in the administration of the State (Article 6 of the Convention), or in essential services in the strict sense of the term (namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or in the case of acute national crisis. The Committee had further noted the Government’s indication that consultations with the social partners were ongoing with respect to amendments to these provisions, and had therefore expressed the hope that the Government would take the necessary steps to amend these provisions so as to ensure that arbitration in situations other than those mentioned can take place only at the request of both parties involved in the dispute. The Committee notes the Government’s indication that under section 6 of the LDASA where there are any arrangements by conciliation or arbitration in a trade or industry between the parties, the Labour Officer shall not refer the matter to the Industrial Court but shall ensure that the parties follow the procedures for settling the dispute laid out in the conciliation or arbitration agreement, which apply to the dispute. The Committee observes that the imposition of arbitration with compulsory effects, either directly under the law, or by administrative decision or at the initiative of one of the parties, in cases where the parties have not reached agreement, or following a certain number of days of a strike, is one of the most radical forms of intervention by the authorities in collective bargaining. In these circumstances, the Committee expects that the Government will, in full consultation with the social partners, take all the necessary measures to amend sections 5(1) and (3), and 27 of the LDASA, so as to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute. The Committee requests the Government to provide information on any developments in this regard.

Articles 4 and 6. Promotion of collective bargaining for public servants not engaged in the administration of the State. The Committee had previously requested the Government to ensure the effective application in practice of the collective bargaining rights accorded by the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) in the public service at least with respect to all public servants and public employees not engaged in the administration of the State. The Committee welcomes the Government’s indication that on 22 June 2018, the Council, which is composed of ten Public Service Labour Unions, concluded a collective bargaining discussion for salary increase for the period of five years, starting from the financial year of 2018–19. The Government further states that the agreement is in the signing process. The Committee requests the Government to provide information on the outcome of this negotiation.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s general reply to the observations made by the International Trade Union Confederation and the National Organization of Trade Unions of Uganda in 2014 and 2012 respectively. The Committee requests the Government to provide its detailed comments on the alleged anti-union discrimination practices.

Article 4 of the Convention. Promotion of collective bargaining. The Committee recalls its previous comments on the following provisions of the 2006 Labour Unions Act (LUA) and the Labour Disputes (Arbitration and Settlement) Act (LDASA):

• -Section 7 of the LUA (lawful purposes for which trade union federations may be established, do not include collective bargaining). The Committee notes that the Government confirms that under the LUA, trade union federations do not have the right to engage in collective bargaining. Recalling that the right to collective bargaining should also be granted to federations and confederations of trade unions, the Committee requests the Government to take the necessary measures to amend section 7 of the LUA so as to guarantee that trade union federations have the right to engage in collective bargaining. It requests the Government to inform it of all developments in this regard.
• -Sections 5(1) and (3) and 27 of the LDASA (referral of non-resolved disputes to compulsory arbitration by or at the request of any party). In its previous comments the Committee had requested the Government to take steps to amend these provisions so as to ensure that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants engaged in the administration of the State, or in essential services in the strict sense of the term (namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or in the case of acute national crisis. The Committee recalled in this regard that, with the exception of the above-mentioned cases, arbitration imposed by legislation, or at the request of only one of the parties involved in the dispute is contrary to the obligation to promote the full development and utilization of machinery for voluntary negotiation as enshrined in Article 4 of the Convention. The Committee notes the Government’s indication that consultations with the social partners are ongoing with respect to amendments to these sections. The Committee hopes that in consultation with the social partners, the Government will take the necessary steps to amend these provisions so as to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute. It requests the Government to inform it of any developments in this matter.

Articles 4 and 6. Promotion of collective bargaining for public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to ensure the effective application in practice of the collective bargaining rights accorded by the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) in the public service at least with respect to all public servants and public employees not engaged in the administration of the State. It also requested the Government to supply a copy of the guidelines which were being formulated to assist ministries and local governments to form structures for collective bargaining at their level as well as to provide information on the number of collective agreements concluded in the public service, and the number of workers covered. The Committee notes that the Government acknowledges that the Public Service Negotiating and Consultative Council, established by the 2008 Public Service Act to facilitate consultations, dialogue, and negotiations between the Government and public service labour unions, has functioned poorly. It also indicates that it will communicate to the relevant Ministry the need to improve it. The Committee once again requests the Government to ensure the effective application in practice of the collective bargaining rights accorded by law in the public service at least with respect to all public servants and public employees not engaged in the administration of the State. It also requests the Government to: (i) supply a copy of the guidelines issued in this respect and to inform it of the measures taken to improve the functioning of the Public Service Negotiating and Consultative Council; and (ii) provide information on the number of collective agreements concluded and in force in the public service, and the number of workers covered.

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

The Committee notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC) of 2013, concerning collective bargaining difficulties in the education sector. The Committee notes that, according to information provided in the Government’s report, the issues raised by the ITUC were resolved through dialogue and discussions between the Inter Ministerial Task Force and the Uganda National Teachers’ Union (UNATU).

The Committee notes the observations of the ITUC received on 31 August 2014. The Committee requests the Government to provide its comments in this regard, as well as on the 2012 observations of the National Organization of Trade Unions of Uganda (NOTU) (concerning anti-union discrimination practices and the need for a document of recognition delivered by the employers to engage in collective bargaining).

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, after having requested the Government to take measures to recognize the right to collective bargaining to all public servants and public employees engaged in the administration of the State, the Committee noted with interest the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) as well as the Government’s indication that: (i) the Act had been enacted to enable public servants to negotiate on their terms and conditions of work; (ii) following the signing by the Government of recognition agreements with all ten registered public service unions, the Public Service Negotiating and Consultative Council, which bargains with the Government on behalf of public employees, had become operational; and (iii) guidelines were being formulated to assist ministries and local governments to form structures for collective bargaining at their level. The Committee notes that in its report the Government only indicates that the abovementioned guidelines have been formulated. The Committee once again requests the Government to ensure the effective application in practice of the collective bargaining rights accorded by law in the public service at least with respect to all public servants and public employees not engaged in the administration of the State. It also requests the Government to supply a copy of the guidelines issued in this respect and to provide information on the number of collective agreements concluded in the public service, and the number of workers covered.

Furthermore, the Committee recalls its previous comments on the following provisions of the 2006 Labour Unions Act (LUA) and the Labour Disputes (Arbitration and Settlement) Act (LDASA):

• -Section 7 of the LUA (lawful purposes for which trade union federations may be established, do not include collective bargaining). In the absence of any information provided by the Government, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions. The Committee once again requests the Government to confirm whether trade union federations have the right to engage in collective bargaining, under the LUA or other legislation.
• -Sections 5(1) and (3) and 27 of the LDASA (referral of non-resolved disputes to compulsory arbitration by or at the request of any party). The Committee notes that the Government indicates that it does not find any justification in the Committee’s comments on why these provisions should strictly relate to public employees engaged in the administration of the State and workers in essential services in the strict sense of the term. The Committee therefore reiterates that compulsory arbitration (that is, arbitration that is not requested by both parties concerned) may only be imposed in the case of disputes in the public service involving public servants engaged in the administration of the State (Article 6 of the Convention), or in essential services in the strict sense of the term (namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or in the case of acute national crisis. The Committee recalls in this regard that, with the exception of the abovementioned cases, arbitration imposed by legislation, or at the request of only one of the parties involved in the dispute is contrary to the obligation to promote the full development and utilization of machinery for voluntary negotiation as enshrined in Article 4 of the Convention. The Committee therefore once again requests the Government to take steps to amend these provisions so as to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute.

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

The Committee notes the comments submitted on 30 August 2013 by the International Trade Union Confederation (ITUC) concerning in particular the poorly functioning Public Service Negotiating and Consultative Council and the not yet operational Industrial Court, which leads to a backlog of pending cases. The Committee requests the Government to provide its observations on these comments, as well as on the 2012 allegations of the National Organisation of Trade Unions of Uganda (NOTU) alleging anti-union discrimination practices as well as the need for a document of recognition delivered by the employers as a condition to be able to engage in collective bargaining.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had previously noted that collective bargaining in the public service sector was not allowed under national legislation and had requested the Government to take measures to recognize the right to collective bargaining to all public employees and public servants not engaged in the administration of the State. The Committee notes with interest the 2008 Public Service (Negotiating, Consultative and Disputes Settlement Machinery) Act as well as the Government’s indication that: (i) the Act has been enacted to enable public servants to negotiate on their terms and conditions of work; (ii) following the signing by the Government of recognition agreements with all ten registered public service unions, the Public Service Negotiating and Consultative Council, which bargains with the Government on behalf of public employees, has become operational; and (iii) guidelines are being formulated to assist ministries and local government to form structures for collective bargaining at their level. The Committee notes, however, that according to the ITUC the collective bargaining process is not well streamlined in certain areas (e.g. the Uganda National Teachers’ Union (UNATU) is not effectively negotiating with the Government on the terms and conditions of service of teachers), and that the issues agreed upon at the Council are not considered binding by the Government (e.g. the 20 per cent salary increment for teachers negotiated with the Council was not included in the 2013–14 budget). The Committee requests the Government to continue to make efforts to ensure the effective application in practice of the collective bargaining rights accorded by law in the public service. It also requests the Government to supply copies of any guidelines issued in this respect.

Furthermore, the Committee recalls its previous comments on the following provisions of the 2006 Labour Unions Act (LUA) and the Labour Disputes (Arbitration and Settlement) Act (LDASA):

• -section 7 of LUA (lawful purposes for which trade union federations may be established, do not include collective bargaining): In the absence of any information provided by the Government, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions. It once again requests the Government to confirm whether trade union federations have the right to engage in collective bargaining, under the LUA or other legislation; and
• -sections 5(1) and (3) and 27 of the LDASA (referral by any party or by the Labour Officer at the request of any party, of non-resolved disputes to the Industrial Court; referral by the Minister of disputes to the Industrial Court in case of non-compliance with the recommendations of the board of inquiry’s report): The Committee notes from the Government’s report under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that it is only after consideration that there is no likelihood of reaching any agreement that the matter, at the request of any party, may be referred to the Industrial Court. The Committee reiterates that recourse to compulsory arbitration in cases where the parties do not reach agreement through collective bargaining is permissible only for public employees engaged in the administration of the State and for workers in essential services in the strict sense of the term (i.e. services the interruption of which would endanger the life, personal safety or health of the whole or part of the population). The Committee requests the Government to take steps to amend the above legislation so as to ensure respect of the principle of voluntary negotiation of collective agreements enshrined in Article 4 of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes that, according to the comments submitted by the International Trade Union Confederation (ITUC), collective bargaining in the public service sector is not allowed by the legislation. The Committee requests the Government to take measures in order to recognize the right to collective bargaining to all public employees and public servants not engaged in the administration of the State, in accordance with Article 6 of the Convention.

Article 4 of the Convention. Promotion of collective bargaining. The Committee noted that section 7 of the Labour Unions Act (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee noted that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for; (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

The Committee requests the Government to reply to the comments of 31 August 2012 sent by the National Organisation of Trade Unions of Uganda (NOTU) alleging anti-union discrimination practices, as well as the need for a document of recognition delivered by the employers as a condition to be able to engage in collective bargaining.

Finally, the Committee notes with satisfaction the ITUC’s statements, according to which the Government has signed a recognition agreement with the public service unions, although the Uganda Public Employees Union (UPEU) would appear not to have been included.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes that, according to the comments submitted by the International Trade Union Confederation (ITUC), collective bargaining in the public service sector is not allowed by the legislation. The Committee requests the Government to take measures in order to recognize the right to collective bargaining to all public employees and public servants not engaged in the administration of the State, in accordance with Article 6 of the Convention.

Article 4 of the Convention. Promotion of collective bargaining. The Committee noted that section 7 of the Labour Unions Act (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee noted that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for; (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that, according to the comments submitted by the International Trade Union Confederation (ITUC), collective bargaining in the public service sector is not allowed by the legislation. The Committee requests the Government to take measures in order to recognize the right to collective bargaining to all public employees and public servants not engaged in the administration of the State, in accordance with Article 6 of the Convention.

Article 4 of the Convention. Promotion of collective bargaining. The Committee noted that section 7 of the Labour Unions Act (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee noted that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for; (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the comments submitted by the International Trade Union Confederation (ITUC).

The Committee had noted with interest the ITUC’s indication that the recently amended legislation and efforts undertaken by the authorities have contributed to a significant improvement in respect of trade union rights, and that in most sectors employers that had traditionally been hostile towards trade unions have agreed to recognize and negotiate with them. Further noting that the ITUC refers to the absence of collective bargaining in the public service sector, the Committee requests the Government to provide its observations thereon and to reply to the other matters raised in its previous observation.

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 7 of the Labour Unions Act (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee notes that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for; (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that, for the second consecutive time, the Government’s report has not been received. The Committee further notes the comments submitted by the International Trade Union Confederation (ITUC) in a communication dated 29 August 2008. The Committee had previously taken note of the Government’s efforts to encourage collective bargaining in various sectors, and had requested the Government to continue to pursue these measures and inform it of developments in this regard.

In this connection, the Committee notes with interest the ITUC’s indication that the recently amended legislation and efforts undertaken by the authorities have contributed to a significant improvement in respect of trade union rights, and that in most sectors employers that had traditionally been hostile towards trade unions have agreed to recognize and negotiate with them. The ITUC also reports positive developments in the textile industry, in particular, where, following an agreement between the Uganda Textile, Garment, Leather and Allied Workers Union (UTGLAWU) and a new textile employers’ association, three employers recently agreed to recognize and negotiate with the unions concerned. Further noting that the ITUC refers to the absence of collective bargaining in the public service sector, the Committee requests the Government to provide its observations thereon and to reply to the other matters raised in its previous observation, which read as follows:

Article 4. Promotion of collective bargaining. The Committee notes that section 7 of the LUA sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured, in the LUA or in other legislation.

Compulsory arbitration. The Committee notes that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 7 of Labour Unions Act No. 7 of 2006 (LUA) sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured in the LUA or in other legislation.

Compulsory arbitration. The Committee notes that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the Minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for: (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

Comments of the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation). The Committee notes the comments of the ICFTU dated 10 August 2006. The ICFTU’s comments concern legislative issues previously raised by the Committee and problems regarding the application of the Convention in practice, including the refusal to recognize and negotiate with trade unions in the hotel, textile, construction and transport sectors. In this regard, the Committee takes note of the Government’s indication that there have been positive developments concerning the attitude of employers towards union recognition and negotiations with unions following the adoption of the Labour Unions Act and other new legislation, including Employment Act No. 6 and Labour Disputes (Arbitration and Settlement) Act No. 8. A number of employers, including employers in the textile and hotel industries, are negotiating recognition agreements with unions, and of these employers several are in the final stages of concluding collective bargaining agreements. The Government adds that a number of sensitization workshops have been led by workers’ and employers’ organizations and the Minister of State for Labour, Employment and Industrial Relations is undertaking a tour of some industries, in which about 20 hotels will be visited with a view to, inter alia, create awareness on the labour laws and encourage employers to recognize unions. The Committee appreciates this information. It requests the Government to continue to pursue its endeavours to promote collective bargaining in the abovementioned industries and to keep it informed of the progress made in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report.

Scope of the Convention. In its previous comments the Committee had drawn the Government’s attention to the need to amend sections 8(3) and 19(e) of the Trade Union Act (TUA) of 2000, which provided, respectively, for an excessively high minimum membership requirement of 1,000 members to form a union, and a representation requirement of 51 per cent of the employees concerned for a union to be recognized and granted exclusive bargaining rights. The Committee had also requested the Government to amend the TUA so as to remove the exclusion of prison staff from trade union membership. In this connection, the Committee notes with interest the entering into force, on 7 August 2006, of Labour Unions Act No. 7 (LUA) of 2006. The Labour Unions Act repeals the TUA, thereby removing the excessive requirements for trade union formation and recognition noted above. The Committee further notes with satisfaction that section 2 of the LUA extends the rights guaranteed under the Act, namely the right to organize and to collective bargaining, to all employees – including prison staff – except members of the Uganda Peoples’ Defence Forces.

Article 4. Promotion of collective bargaining. The Committee notes that section 7 of the LUA sets forth the lawful purposes for which trade union federations may be established. The said purposes include, inter alia: the formulation of policy relating to the proper management of labour unions and the general welfare of employees; the planning and administration of workers’ education programmes; and consulting on all matters relating to labour union affairs. Noting that the lawful purposes delineated under section 7 of the LUA does not include collective bargaining, the Committee recalls that the right to collective bargaining should also be granted to federations and confederations of trade unions (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 249). In this connection, the Committee requests the Government to confirm whether the right of trade union federations to engage in collective bargaining is assured in the LUA or in other legislation.

Compulsory arbitration. The Committee notes that, under section 5(3) of the Labour Disputes (Arbitration and Settlement) Act of 2006, in cases where a labour dispute reported to a labour officer is not referred to the Industrial Court within eight weeks from the time the report is made, any of the parties or both the parties to the dispute may refer the dispute to the Industrial Court. Section 27 of the Act, the Committee further notes, empowers the Minister to refer disputes to the Industrial Court where one or both parties to a dispute refuse to comply with the recommendations of the report issued by a board of inquiry. In this connection, the Committee recalls that recourse to compulsory arbitration is acceptable only for: (1) workers in essential services, in the strict sense of the term; and (2) public employees engaged in the administration of the State. Otherwise, provisions that permit the authorities to impose compulsory arbitration, or allow one party unilaterally to submit a dispute to the authorities for arbitration, run counter to the principle of the voluntary negotiation of collective agreements enshrined in Article 4 of the Convention. The Committee requests the Government to amend the above legislation so as to bring it into conformity with the Convention.

Comments of the International Confederation of Free Trade Unions (ICFTU). The Committee notes the comments of the ICFTU dated 10 August 2006. The ICFTU’s comments concern legislative issues previously raised by the Committee and problems regarding the application of the Convention in practice, including the refusal to recognize and negotiate with trade unions in the hotel, textile, construction and transport sectors. In this regard, the Committee takes note of the Government’s indication that there have been positive developments concerning the attitude of employers towards union recognition and negotiations with unions following the adoption of the Labour Unions Act and other new legislation, including Employment Act No. 6 and Labour Disputes (Arbitration and Settlement) Act No. 8. A number of employers, including employers in the textile and hotel industries, are negotiating recognition agreements with unions, and of these employers several are in the final stages of concluding collective bargaining agreements. The Government adds that a number of sensitization workshops have been led by workers’ and employers’ organizations and the Minister of State for Labour, Employment and Industrial Relations is undertaking a tour of some industries, in which about 20 hotels will be visited with a view to, inter alia, create awareness on the labour laws and encourage employers to recognize unions. The Committee appreciates this information. It requests the Government to continue to pursue its endeavours to promote collective bargaining in the abovementioned industries and to keep it informed of the progress made in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report.

1. Article 4 of the Convention. Promotion of collective bargaining. In its previous comments the Committee had noted that the dual requirement established in sections 8(3) and 19(1)(e) of Trade Union Decree No. 20 of 1976, that is to say, a minimum of 1,000 members to form a trade union and a representation of 51 per cent of the employees concerned in order to be granted exclusive bargaining rights, did not promote collective bargaining and might deprive workers in smaller bargaining units, or those who are dispersed over wide geographical areas, of their collective bargaining rights. The Committee had requested the Government to keep it informed of progress made in the adoption of a draft Bill to amend sections 8(3) and 19(1)(e) of the Trade Unions Decree.

In its latest report the Government indicates that the labour laws reform exercise, which has been ongoing for over ten years now, will hopefully soon lead to the enactment of four Bills to revise, inter alia, the Trade Union Decree (now the Trade Union Act Cap. 2000) by removing the minimum membership requirement of 1,000 members to form a trade union. According to the Government, consensus has been achieved on most areas and a meeting was scheduled to take place shortly after June 2004 with the social partners and other stakeholders in order to harmonize the few remaining areas of contention.

Noting that the Government refers to plans to revise the minimum membership requirement but not the absolute majority requirement in order for a trade union to be granted exclusive bargaining rights, the Committee recalls that if no union covers more than 50 per cent of the workers (in a system where the law stipulates that a trade union must receive the support of 50 per cent of the members of a bargaining unit to be recognized as a bargaining agent) collective bargaining rights should be granted to all the unions in this unit, at least on behalf of their own members (see General Survey on freedom of association and collective bargaining, 1994, paragraph 241). The Committee requests the Government to keep it informed of progress made in the process of legislative reform with a view to revising sections 8(3) and 19(1)(e) of the Trade Unions Decree.

2. Exclusion of the prison services from the application of the Trade Union Decree. In its previous comments, the Committee had noted that prison staff was excluded from trade union membership by section 3 and Annex 2 of the Trade Unions Decree as amended by the Trade Union (Miscellaneous Amendments) Act of 1993. In its report the Government indicates that the prisons services are still exempted from the Trade Union Decree (now the Trade Union Act Cap. 2000) but that they are allowed to form associations for the purpose of promoting their welfare. The Committee notes that Article 5 does not exclude prison staff from the scope of the Convention and that therefore occupational organizations representing this category of workers should enjoy the right to engage in negotiations with a view to the regulation of terms and conditions of employment by means of collective agreements in accordance with Article 4 of the Convention. The Committee requests the Government to indicate in its next report any measures taken or contemplated in the framework of the current process of legislative reform so as to bring the legislation into full conformity with the Convention on this point.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 1996 (see 316th Report of the Committee, paragraphs 642-699, approved by the Governing Body at its June 1999 session).

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 8(3) of the Trade Union Decree of 1976 contains the requirement that there be a minimum number of 1,000 members to form a trade union and that section 19(1)(e) of the same law grants exclusive bargaining rights to a union only when it represents 51 per cent of the employees concerned. The Committee considers that such provisions do not promote collective bargaining within the meaning of Article 4 since this dual requirement may deprive workers, in smaller bargaining units or who are dispersed over wide geographical areas, of being able to exercise collective bargaining rights, and in particular where no trade union represents an absolute majority of the workers concerned.

The Committee considers that where no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee observes in this regard that the Committee on Freedom of Association noted:

… the Government’s recognition that these provisions are not compatible with the new Ugandan Constitution of 1995 and that steps to address this problem are being undertaken within the framework of the labour law reform process currently taking place in the country … (see Case No. 1996, op. cit., paragraph 664).

The Committee further notes the Government’s statement that the Trade Union Decree No. 20 of 1976 is being revised to enhance the application of the Convention and that the revised legislation is still in the form of a draft Bill. The Committee trusts that this draft Bill will amend sections 8(3) and 19(1)(e) of the Trade Unions Decree with a view to promoting collective bargaining. It requests the Government to keep it informed of any progress made in the adoption of this Bill and to send a copy thereof as soon as it is adopted.

Exclusion of the prison services from the application of the Trade Union Decree. The Committee had noted in its previous comments under Convention No. 154 that the Trade Union Law (Miscellaneous Amendments) Statute of 31 January 1993, which amended Trade Union Decree No. 20 of 1976, enlarged the category of employees eligible for membership in trade unions, particularly in the public service (including the teaching service) and the employees of the Bank of Uganda. The Committee had noted, however, that other categories as well as the prison services were excluded from membership of trade unions by section 3 and Annex 2 of the above Act. The Committee therefore asks the Government to ensure that the guarantees laid down in the Convention are implemented for these categories, which are excluded from the scope of Decree No. 20 of 1976 as amended by the 1993 Act, and to keep it informed of any measure taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 1996 (see 316th Report of the Committee, paragraphs 642-699, approved by the Governing Body at its June 1999 session).

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 8(3) of the Trade Union Decree of 1976 contains the requirement that there be a minimum number of 1,000 members to form a trade union and that section 19(1)(e) of the same law grants exclusive bargaining rights to a union only when it represents 51 per cent of the employees concerned. The Committee considers that such provisions do not promote collective bargaining within the meaning of Article 4 since this dual requirement may deprive workers, in smaller bargaining units or who are dispersed over wide geographical areas, of being able to exercise collective bargaining rights, and in particular where no trade union represents an absolute majority of the workers concerned.

The Committee considers that where no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (see General Survey of 1994 on freedom of association and collective bargaining, paragraph 241). The Committee observes in this regard that the Committee on Freedom of Association noted:

… the Government’s recognition that these provisions are not compatible with the new Ugandan Constitution of 1995 and that steps to address this problem are being undertaken within the framework of the labour law reform process currently taking place in the country … (see Case No. 1996, op. cit., paragraph 664).

The Committee further notes the Government’s statement that the Trade Union Decree No. 20 of 1976 is being revised to enhance the application of the Convention and that the revised legislation is still in the form of a draft Bill. The Committee trusts that this draft Bill will amend sections 8(3) and 19(1)(e) of the Trade Unions Decree with a view to promoting collective bargaining. It requests the Government to keep it informed of any progress made in the adoption of this Bill and to send a copy thereof as soon as it is adopted.

Exclusion of the prison services from the application of the Trade Union Decree. The Committee had noted in its previous comments under Convention No. 154 that the Trade Union Law (Miscellaneous Amendments) Statute of 31 January 1993, which amended Trade Union Decree No. 20 of 1976, enlarged the category of employees eligible for membership in trade unions, particularly in the public service (including the teaching service) and the employees of the Bank of Uganda. The Committee had noted, however, that other categories as well as the prison services were excluded from membership of trade unions by section 3 and Annex 2 of the above Act. The Committee therefore asks the Government to ensure that the guarantees laid down in the Convention are implemented for these categories, which are excluded from the scope of Decree No. 20 of 1976 as amended by the 1993 Act, and to keep it informed of any measure taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 1996 (see 316th Report of the Committee, paragraphs 642 699, approved by the Governing Body at its June 1999 session).

  Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 8(3) of the Trade Union Decree of 1976 contains the requirement that there be a minimum number of 1,000 members to form a trade union and that section 19(1)(e) of the same law grants exclusive bargaining rights to a union only when it represents 51 per cent of the employees concerned. The Committee considers that such provisions do not promote collective bargaining within the meaning of Article 4 since this dual requirement may deprive workers, in smaller bargaining units or who are dispersed over wide geographical areas, of being able to exercise collective bargaining rights, and in particular where no trade union represents an absolute majority of the workers concerned.

The Committee considers that where no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (see 1994 General Survey on freedom of association and collective bargaining, paragraph 241). The Committee observes in this regard that the Committee on Freedom of Association noted:

… the Government’s recognition that these provisions are not compatible with the new Ugandan Constitution of 1995 and that steps to address this problem are being undertaken within the framework of the labour law reform process currently taking place in the country … (see Case No. 1996, op. cit.,paragraph 664).

The Committee further notes the Government’s statement that the Trade Union Decree No. 20 of 1976 is being revised to enhance the application of the Convention and that the revised legislation is still in the form of a draft Bill. The Committee trusts that this draft Bill will amend sections 8(3) and 19(1)(e) of the Trade Unions Decree with a view to promoting collective bargaining. It requests the Government to keep it informed of any progress made in the adoption of this Bill and to send a copy thereof as soon as it is adopted.

  Exclusion of the prison services from the application of the Trade Union Decree. The Committee had noted in its previous comments under Convention No. 154 that the Trade Union Law (Miscellaneous Amendments) Statute of 31 January 1993, which amended Trade Union Decree No. 20 of 1976, enlarged the category of employees eligible for membership in trade unions, particularly in the public service (including the teaching service) and the employees of the Bank of Uganda. The Committee had noted, however, that other categories as well as the prison services were excluded from membership of trade unions by section 3 and Annex 2 of the above Act. The Committee therefore asks the Government to ensure that the guarantees laid down in the Convention are implemented for these categories, which are excluded from the scope of Decree No. 20 of 1976 as amended by the 1993 Act, and to keep it informed of any measure taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report. The Committee also notes the conclusions of the Committee on Freedom of Association in Case No. 1996 (see 316th Report of the Committee, paragraphs 642-699, approved by the Governing Body at its June 1999 session).

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 8(3) of the Trade Union Decree of 1976 contains the requirement that there be a minimum number of 1,000 members to form a trade union and that section 19(1)(e) of the same law grants exclusive bargaining rights to a union only when it represents 51 per cent of the employees concerned. The Committee considers that such provisions do not promote collective bargaining within the meaning of Article 4 since this dual requirement may deprive workers, in smaller bargaining units or who are dispersed over wide geographical areas, of being able to exercise collective bargaining rights, and in particular where no trade union represents an absolute majority of the workers concerned.

The Committee considers that where no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (see 1994 General Survey on freedom of association and collective bargaining, paragraph 241). The Committee observes in this regard that the Committee on Freedom of Association noted:

... the Government's recognition that these provisions are not compatible with the new Ugandan Constitution of 1995 and that steps to address this problem are being undertaken within the framework of the labour law reform process currently taking place in the country ... (see Case No. 1996, op. cit., paragraph 664).

The Committee further notes the Government's statement in its report that the Trade Union Decree No. 20 of 1976 is being revised to enhance the application of the Convention and that the revised legislation is still in the form of a draft Bill. The Committee trusts that this draft Bill will amend sections 8(3) and 19(1)(e) of the Trade Unions Decree with a view to promoting collective bargaining. It requests the Government to keep it informed of any progress made in the adoption of this Bill and to send a copy thereof as soon as it is adopted.

Exclusion of the prison services from the application of the Trade Union Decree. The Committee had noted in its previous comments under Convention No. 154 that the Trade Union Law (Miscellaneous Amendments) Statute of 31 January 1993, which amended Trade Union Decree No. 20 of 1976, enlarged the category of employees eligible for membership in trade unions, particularly in the public service (including the teaching service) and the employees of the Bank of Uganda. The Committee had noted, however, that other categories as well as the prison services were excluded from membership of trade unions by section 3 and Annex 2 of the above Act. The Committee therefore asks the Government to ensure that the guarantees laid down in the Convention are implemented for these categories, which are excluded from the scope of Decree No. 20 of 1976 as amended by the 1993 Act, and to keep it informed of any measure taken in this regard.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

With reference to comments it has been making for many years on the need to grant the rights guaranteed by the Convention to workers of the Bank of Uganda, who cannot be considered as public servants engaged in the administration of the State, the Committee notes with satisfaction that the Trade Union Laws (miscellaneous amendments) Statute of 31 January 1993 has amended section 72(2)(c) of the Trade Unions Decree, No. 20 of 1976, by removing the employees of the Bank of Uganda from the category of employees who are restricted from becoming members of a trade union, and that these workers are now entitled to join unions and to negotiate their terms and conditions of employment collectively.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

For several years the Committee has been pointing out that the employees of the Bank of Uganda, who cannot be considered as public servants engaged in the administration of the State, are excluded from the scope of the Trade Unions Decree No. 20 of 1976 and therefore do not enjoy the rights guaranteed by the Convention.

The Committee notes from the Government's report that it has entrusted a Labour Legislation Review Committee (which benefits from the assistance of an ILO expert) with the examination, in particular, of legislative provisions concerning the right of association. Furthermore, the Government states that on 1 May 1990 the Government announced its decision in principle to remove restrictions on freedom of association including those on Bank of Uganda employees and that it hopes to be able to report soon on legislative progress implementing this policy.

The Committee notes with interest this policy statement by the Government and trusts that legislation to give effect to this new policy will be adopted shortly. It asks the Government to forward a copy of the legislation as soon as it is adopted and reiterates its request that the Government indicate in its next report the measures taken to guarantee that Bank of Uganda employees enjoy the rights laid down in this Convention.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee requests the Government to supply information on the effect given in practice to Article 4 of the Convention, in particular, by supplying information on the number of collective agreements that have been concluded and the workers and sectors of activity that are covered.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the Government's report.

For several years, the Committee has been noting that employees in the Bank of Uganda are excluded from the scope of the Trade Unions Decree No. 20 of 1976, and therefore do not enjoy the rights guaranteed by the Convention.

The Committee notes from the Government's report that this matter is still being discussed with the competent authorities and that it will transmit any decision that is taken in this respect.

The Committee recalls that although the Convention does not deal with public servants engaged in the administration of the State (Article 6), the right to bargain collectively their terms and conditions of employment should be granted to bank employees, who cannot be considered to be public servants engaged in the administration of the State. The Committee once again requests the Government to indicate in its next report the measures that have been taken to guarantee the rights laid down in this Convention to the staff of the Bank of Uganda.