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

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

The Committee had previously noted the Government’s commitment to implement as a matter of urgency the Committee’s recommendation to discuss with the social partners the application and impact of the Public Order Management Act, according to which, organizers of public meetings who fail to comply with the Act’s requirements commit an act of disobedience of statutory duty, punishable with imprisonment under the Penal Code. The Committee notes with regret the Government’s indication that there have been no developments in this regard. The Committee reiterates its previous request and urges the Government to provide information in this regard.

Articles 2 and 3 of the Convention. Legislative matters. The Committee had requested the Government to take measures to amend or repeal the following provisions of the Labour Unions Act of 2006 (LUA):

• -Section 18 (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee had requested the Government to take the necessary measures to amend this section to shorten the time frame for registration of a trade union.
• -Section 23(1) (interdiction or suspension of union officers by the Registrar). The Committee had requested the Government to take steps to amend section 23(1) of the LUA to ensure that the Registrar may only remove or suspend trade union officers after conclusion of judicial proceedings and only for reasons, such as an internal decision of the trade union, in line with Article 3 ofthe Convention.
• -Section 31(1) (eligibility condition of being employed in the relevant occupation). The Committee recalls that the measures to amend this section may include introducing flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
• -Section 33 (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)).

The Committee takes note of the Government’s indication that it is still in the process of amending the Act and that the Bill which provides for amendment of sections 18, 23(1), 31(1) and repeal of section 33 is pending at the top Policy Management level. Recalling that the review process of the LUA has been ongoing for several years, the Committee expects that it will be amended without further delay, in consultation with the social partners. The Committee requests the Government to provide information on all developments in this regard, and to provide a copy of the amended LUA when adopted.

The Committee recalls that it had requested the Government to amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved. The Committee had also requested the Government to provide information regarding the harmonization of the list of essential services in the LDASA (Schedule 2) with that in the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery).The Committee notes withconcernthe Government’s indication that while theLDASA was amended in 2020, section 29(2) and Schedule 2 of the LDASA were not. The Government indicates that it will consider addressing these matters through other policy arrangements. The Committee urges the Government to take all the necessary measures in consultation with the social partners to amend section 29(2) in line with its previous request and to harmonize the list of essential services in Schedule 2 of the LDASA, irrespective of other policy arrangements that may be adopted. The Committee requests the Government to provide information on any developments in this regard, including on any other policy arrangements adopted, and to provide a copy of the revised LDASA.

Application of the Convention in practice. The Committee notes the Government’s indication regarding the challenges of applying the Convention in the informal sector of the economy, due to the instability of enterprises in this sector and the small number of workers usually employed by each enterprise, as well as the casual nature of work. The Committee recalls that pursuant to Article 11, each Member State for which this Convention is in force undertakes to take all necessary and appropriate measures to ensure that workers and employers may exercise freely the right to organize. The Committee requests the Government to indicate measures taken or envisaged in consultation with the social partners in this regard and recalls that it may avail itself of the technical assistance of the Office.