Effect given to the recommendations of the committee and the Governing Body - Report No 326, November 2001

Case No 1996 (Uganda) - Complaint date: 24-NOV-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 115. During its previous examination of this case in June 1999 [see 316th Report, paras. 642?669], the Committee had requested the Government to take the necessary measures to ensure that certain provisions of the Trade Unions Decree of 1976 were amended in line with freedom of association principles. Noting the Government’s indication that steps were already being taken to address this problem within the framework of the ongoing labour law reform process in the country, the Committee had requested the Government to keep it informed of any developments in this regard. The Committee had further noted that the Uganda Textile, Garments, Leather and Allied Workers’ Union (UTGLAWU) had not been recognized by management in several enterprises following privatization despite the fact that the union had managed to fulfil the stringent requirements set out in the Trade Unions Decree with regard to union recognition, and that the UTGLAWU had filed legal proceedings against a number of companies in order to obtain recognition for collective bargaining purposes. The Committee had therefore requested the Government to keep it informed of the outcome of these various court proceedings.
2. 116. In a communication dated 24 August 2001, the Government points out that it has adopted a policy of consultation and dialogue as a strategy for dealing with trade disputes related to the non-recognition of unions. To this end, the Minister of Gender, Labour and Social Development had initiated dialogue between the UTGLAWU and the management of Nytil Picfare company. According to the Government, both management and union officials had indicated willingness and readiness to put aside their differences and negotiate for recognition of the UTGLAWU at the Nytil Picfare company. However, before the negotiations could yield any results, the company went into receivership and was bought by a new management which took over in December 2000. The company thus changed hands and now has a new name “Southern Range Nyanza Ltd.”. The process of negotiation was disrupted and the UTGLAWU is now pursuing afresh the matter of recognition with the new management. A meeting is scheduled to take place by the end of this month to discuss the proposed Memorandum of Procedural and Recognition Agreement. It is the Government’s hope that the matter which has been pending for so long will be resolved through the cooperation and understanding of the parties.
3. 117. The Government adds that in the meantime, the inconsistencies in the relevant legal provisions of the Trade Unions Decree have been addressed within the framework of the Uganda Law Reform Project carried out under the ILO/UNDP Support for Policy and Programme Development (SPPD). The revised laws are in the form of two draft bills to be tabled before Cabinet for consideration in due course.
4. 118. The Committee notes that the Government took certain conciliatory measures in order to try and obtain Nytil Picfare company’s recognition of the UTGLAWU for collective bargaining purposes but the process of negotiation was disrupted since the company was bought and taken over by a new management in December 2000. The Committee nevertheless observes that the UTGLAWU had pursued the matter of recognition with the new management and that a meeting is scheduled to take place on a related Memorandum of Procedural and Recognition Agreement. Recalling its previous conclusion [see 316th Report, para. 667] that employers should recognize for collective bargaining purposes the organizations representative of the workers employed by them or organizations that are representative of workers in a particular industry, the Committee trusts that the management of the new company, the Southern Range Nyanza Ltd., will recognize the UTGLAWU. It requests the Government to keep it informed of the outcome of the meeting to this end between the two parties. Furthermore, the Committee had noted previously that the UTGLAWU had filed legal proceedings against a number of companies (apart from Nytil Picfare Ltd.) in order to obtain recognition for collective bargaining purposes [316th Report, para. 667]. Noting that the Government has not provided any information in this regard, the Committee once again requests the Government to keep it informed of the outcome of these various court proceedings.
5. 119. Finally, the Committee notes with interest that two draft bills, which would amend the provisions in the Trade Unions Decree inconsistent with freedom of association principles, are to be tabled before Cabinet for consideration in due course. Noting that these bills were drafted with ILO technical assistance, the Committee requests the Government to keep it informed of any progress made in their adoption.