Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Convenio sobre la edad mínima, 1973 (núm. 138) - Uganda (Ratificación : 2003)

The Committee notes with regret that the Government’s report has not been received. However, it takes note of the report of the Technical Advisory Mission (the mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s information that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. The policy includes awareness-raising measures, integration of child labour concerns in national and district-level programmes, stimulating collective action at all levels of society and providing a legislative and institutional framework for action against child labour. It had noted that the Government is cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy.

The Committee notes that, in its report, the mission expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee notes that the technical progress report (TPR) of 1 September 2009 for the ILO–IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO–IPEC SNAP Uganda project) indicates that many activities were undertaken to get the process for the NAP started again, including a meeting organized on 2 July 2009 to reinforce the task force. A workshop will also be organized in Addis Ababa in November 2009 where Uganda’s tripartite partners will be invited to validate the NAP and mainstreaming guidelines. The Committee notes that the target date for the NAP to be adopted and operational is
March–August 2012. The Committee therefore requests the Government to take the necessary measures to ensure that the NAP for the elimination of child labour is validated and adopted by the target date.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, although the policy of free universal primary education (UPE), implemented in Uganda since 1996, provides for free basic education to children from the age of 6 years to 12 years, there appeared to be no legal provisions for compulsory education in Uganda. The Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes with interest that, in its report, the mission indicates that the Education Act, adopted in 2008, made UPE free and compulsory for all children at least up to the minimum age of employment, which is 14 years in Uganda. This new law punishes parents who do not send their children to school. The mission also notes that the implementation of UPE has further increased the enrolment of children in primary school: in 2008, 7.5 million children were enrolled in primary education (93 per cent). Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education has been implemented. In this regard, the Committee notes that, according to the Annual School Census of 2008, published on the web site of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education is 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observes that, according to the same source, the net enrolment ratio in secondary education is only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee takes due note of the measures taken by the Government with regard to education. It observes, however, that the low rates of enrolment at the secondary education level, in comparison with the primary school enrolment rates, indicate that an important number of children drop-out after primary school. The Committee welcomes the efforts made by the Government and strongly encourages it to pursue its efforts to improve the functioning of the education system in the country, in particular by increasing school attendance at the secondary level and reducing school drop-out rates. It requests the Government to provide information on the progress made in this regard and the results achieved.

Article 3, paragraph 2. Determination of hazardous work. Following its previous comments, the Committee notes that the mission indicates that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 years of age was drafted in consultation with the social partners. It notes that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, the draft hazardous list has been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development (MGLSD) in May 2009, and that it will be gazetted after the drafting of an extra paragraph on light work.

However, the Committee notes that, during its time in Uganda, the mission observed that the regulations necessary to implement the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. In this regard, in a tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD acknowledged that the issue of adopting regulations in order to be able to implement the new laws was urgent. The Committee urges the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited to children under 18 years of age is adopted in the near future. In this regard, the Committee strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners. It requests the Government to provide information on the progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that, according to section 8 of the Industrial Training Decree of 1972, any person who: (i) has attained the apparent age of 16 years; (ii) has attained a basic standard of education prescribed in the regulations under this Decree; and (iii) has obtained the prescribed qualifications for the concerned trade; and (iv) has been certified medically fit, may bind himself as an apprentice in any designated trade. The Committee had also noted that, by virtue of section 34 of the Employment Act, the Minister would, on the recommendation of the LAB, make regulations governing the employment of persons for apprenticeship. The Committee once again requests the Government to indicate whether any regulations, pursuant to section 34 of the Employment Act on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also once again requests the Government to provide information on the conditions under which apprenticeship may be undertaken and performed and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee had previously noted that section 32(1) of the Employment Act prohibits the employment of a child under the age of 12 years in any business, undertaking or workplace. It had also noted that, according to section 32(2) of the Employment Act, a child under the age of 14 years shall not be employed except for light work carried out under the supervision of an adult person and which does not affect the child’s education. Light work, according to section 2 of the Employment Act, means work that is not physically, mentally and socially injurious to the child. The Committee notes that the Federation of Ugandan Employers (FUE) indicated to the mission that a list of light work activities has not yet been determined by the Ministry of Labour. It notes that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, an extra paragraph defining light work will be added to the draft list on hazardous work, after which the document will be gazetted. However, the Committee observes that the adoption of a provision on light work also falls within the purview of the LAB. The Committee requests the Government to take immediate measures to determine light work activities that may be undertaken by children between 12 and 14 years of age, pursuant to sections 2, 32(1) and 32(2) of the Employment Act, and to determine the number of hours which, and the conditions in which, light work may be undertaken. In this regard, the Committee once again strongly encourages the Government to take the necessary measures to reactivate the LAB in full consultation with the social partners.

Article 8. Artistic performances. The Committee had previously noted the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It had reminded the Government that Article 8 of the Convention provides for the possibility of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to provide information on the measures taken or envisaged for the granting of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in practice in artistic performances.

Article 9, paragraph 1. Penalties. The Committee had previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee once again requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee had previously noted the Government’s statement that the requirements for registers or other documents containing the names and ages or dates of birth of persons employed under the age of 14 years shall be provided for in the regulations to the Employment Act which are yet to be formulated. The Committee had also noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention, which requires that registers or shall be kept and made available by the employer in respect of children under the age of 18 years.

The Committee notes that the FUE pointed out to the mission that all employers keep registers of all persons they employ, including those under 18 years of age. The mission nevertheless recommended that the Government take the necessary steps to make regulations to oblige employers to keep and make available registers of employment containing the names and ages or dates of birth of persons under 18 years employed by such employers, in conformity with Article 9(3) of the Convention. In this regard, the Committee notes that this issue also falls within the purview of the LAB. Accordingly, the Committee requests the Government to take measures to ensure that registers be kept and made available by the employer in respect of children under the age of 18 years and not 14 years as indicated by the Government. In this regard, it once again strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners.

Part III of the report form. Labour inspectorate. The Committee had previously noted that, according to section 8 of the Employment Act, the Directorate of Labour, acting under the Ministry of Labour, is entrusted with the application and enforcement of the Employment Act. The Labour Inspectorate Department has a network of 31 district offices, with each district having at least one labour officer. The Committee had noted, however, the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention are inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. It had further requested the Government to adopt measures without delay to establish an effective labour administration with the resources and personnel necessary for its operation, as an essential prerequisite for the effective operation of an inspection system.

The Committee notes the mission’s indication that there are approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the mission indicates that these inspections are sporadic and not institutionalized. In this regard, the Committee notes that, at the tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD indicated to the mission that, having heard the feedback from the mission on the labour inspection function on child labour issues in agriculture, she felt that there was definitely a window of opportunity for collaboration between the Ministry of Agriculture and the MGLSD. She also agreed that the labour inspectorate needs to be reinforced so as to be able to detect child labour violations. The Committee therefore requests the Government to take the necessary measures to strengthen the inspection system pursuant to its above comments. In this regard, it strongly encourages the Government to initiate collaboration between the Ministry of Agriculture and the MGLSD. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that the Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee had also noted the Government’s indication that, although it has made attempts to address the problem of child labour through legal and policy interventions and raising awareness, there are many people who are still not aware of the dangers and negative consequences associated with child labour. Moreover, the AIDS scourge had also compounded the problem by contributing immensely to the number of orphans in the country.

The Committee notes that, according the 2005 Uganda National Household Survey, 31.1 per cent of children aged from 5 to 14 years were involved in economic activity (32.4 per cent of boys and 29.8 per cent of girls). According to the same survey, the great majority of these children are found in agriculture, forestry, hunting and fishing (95.5 per cent). Children can however also be found working in mining (0.1 per cent), manufacturing (1.3 per cent), construction (0.1 per cent), commerce (1.6 per cent), hotels and restaurants (0.3 per cent) and in private households (0.3 per cent). Furthermore, the Committee notes that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active. The Committee further notes that the Commissioner of the Local Government Ministry informed the mission that labour abuses are prevalent throughout the country, especially in the informal sector where child labour is rampant. The Assistant Commissioner of the Agribusiness Planning Department from the Ministry of Agriculture further confirmed to the mission that the main employer in Uganda is the agricultural sector, where child labour is prevalent. The Committee also notes the mission’s indication that the FUE has carried out a lot of research on child labour in the fishing and rice plantations sectors with the support of the ILO–IPEC. The FUE also alerted the Ministry of Labour to the tendency by the entertainment industry to use children. Finally, the Committee notes that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, a baseline survey has been undertaken in the three SNAP operating districts and a SIMPOC stand-alone survey is planned to be executed in Uganda in 2009–10. Once again expressing serious concern at the number of children under the age of 14 who are compelled to work, the Committee strongly urges the Government to redouble its efforts to progressively improve the situation of child labour in the country and to provide detailed information on concrete measures taken in this regard. It requests the Government to communicate the results of the baseline survey and of the stand-alone survey, as soon as they are finalized. It finally requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons.