Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 138) sur l'âge minimum, 1973 - Ouganda (Ratification: 2003)

The Committee notes the Government’s first report. It draws the Government’s attention to the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that a national policy on child labour, 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 notes that the Government is cooperating with ILO/IPEC in the elaboration of a national action plan in order to implement this national policy. The Committee further notes that Uganda has been implementing ILO/IPEC-supported programmes since 1999 which include: the National Programme on the Elimination of Child Labour (1999–2003); the prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agriculture sector of Africa
(2001–04); the project to combat exploitation of child domestic workers
(2002–04); preventing and eliminating exploitative child domestic work through education and training (2004–06); and the project on combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa that started implementation in 2004 and will end in December 2008. It also notes the Government’s information that it adopted the Orphans and Vulnerable Children Policy (OVC) in order to provide care, support, education and protection to orphans and other vulnerable children. The Committee requests the Government to provide information on the abovementioned projects and policies and the results attained, specifying their contribution to the effective abolition of child labour.

Article 2, paragraphs 1 and 4. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Uganda specified 14 years as the minimum age for admission, in accordance with Article 2, paragraph 4, of the Convention. It notes the Government’s indication that the minimum age of 14 years was arrived at after consultations with the Federation of Uganda Employers (FUE), the Uganda Manufacturers Association (UMA), Private Sector Foundation and the National Organization of Trade Unions. According to section 32(2) of Employment Act No. 6 of 2006 (hereinafter Employment Act), a child under the age of 14 years shall not be employed in any business, undertaking or workplace, except for light work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to article 34(2) of the Constitution of Uganda, a child is entitled to basic education which shall be the responsibility of the State and the parents of that child. It further notes that, since 1996, Uganda has been implementing a policy of free universal primary education (UPE) which has increased the enrolment of children in primary school. According to the UNESCO Report on Education For All, 2005, the school enrolment rate has increased from 2.9 million in 1996 to 5.3 million in 1997 to over 7.2 million in 2002. The Committee observes that, although the UPE provides for free basic education to children from the age of 6 years to 12 years, there appear to be no legal provisions for compulsory education in Uganda. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention is fulfilled since the minimum age for employment (14 years for Uganda) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, 67th Session, Geneva, 1981, paragraph 140)). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to pursue its efforts to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work. The Committee notes that, by virtue of section 32(4) of the Employment Act, a child shall not be employed in any employment or work which is injurious to his or her health, dangerous or hazardous or otherwise unsuitable for that child. As per section 32(5) of the Employment Act, no child shall be employed between the hours of 7 p.m. and 7 a.m. Section 2 of the Employment Act defines a child as a person under the age of 18 years. Moreover, the Committee also notes that, according to section 8 of the Children’s Act 2000, no child under the age of 18 years shall be employed in any activity that may be harmful to his/her health, education, mental, physical or moral development.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that there seem to be no provisions in the Employment Act or Children’s Act requiring the competent authority to determine a list of types of hazardous work prohibited for children under the age of 18 years. The Committee notes, however, that the Government has provided in its report a list of hazardous activities and occupations prohibited to children under 18 years. The Committee requests the Government to indicate the legislative provisions containing the abovementioned list of hazardous activities prohibited to children under 18 years. It also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned in determining the above list.

Article 6. Vocational training and apprenticeship. The Committee notes 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, (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 also notes that, by virtue of section 34 of the Employment Act, the Minister shall, on the recommendation of the Labour Advisory Board, make regulations governing the employment of persons for apprenticeship. The Committee 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 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 notes 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 also notes 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. Section 32(3) further provides that a person shall not continue to employ any child under 14 years of age after being notified by a labour officer that such work does not fall within the scope of light work. 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 requests the Government to indicate whether the activities in which light work by children aged between 12 to 14 years may be permitted have been determined by the competent authority. It also requests the Government to provide information on the provisions prescribing the number of hours during which, and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. The Committee reminds 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 accordingly requests the Government to provide information on the measures taken or envisaged for the grant of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who are willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes 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 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 notes the Government’s statement that the requirement 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 notes 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 reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the names and ages, or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than the age of 18 years. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9, paragraph 3, of the Convention which requires 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.

Part III of the report form. Labour inspectorate. The Committee notes 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 notes the Government’s information that each district labour officer is expected to carry out labour inspections within his/her area of jurisdiction and report to the Labour Commissioner on the findings of the inspection. It also notes that sections 10–14 of the Employment Act establish the inspection competencies of the labour officers. The Committee further notes that, according to section 32(6) of the Employment Act, any person, including a labour union or employers’ organization may complain to a labour officer if he/she considers that a child is being employed in breach of this section. The Committee notes, 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 refers 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 requests the Government to indicate any measures adopted to strengthen the inspection system pursuant to its above comments. It also 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. The Committee notes that, according to the Uganda Labour Force Survey 2002–03, an estimated 1.5 million children aged between 5 and –17 years were involved in child labour. The Uganda Demographic Health Survey of 2000–01 reveals that a total of 2.7 million children were working in Uganda with more than 54 per cent within the age group of
10–14 years. Most of the children were found working in domestic settings, plantations, industry/factories, construction work and in streets and markets. The Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee notes the Government’s indication that, though 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 also notes the Government’s information that a number of studies, in particular, the thematic and sectoral studies on child labour in Uganda by ILO/IPEC, are progressively bringing to light the dimensions of the problems of child labour in the country. While noting the Government’s efforts to combat child labour, the Committee must express its concern over the number of children under the age of 14 years who are compelled to work and, therefore, strongly encourages the Government to redouble its efforts to progressively improve the situation of child labour in the country. It requests the Government to provide detailed information on concrete measures taken in this regard. It also 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, extracts of inspection reports and information on the number and nature of contraventions reported and penalties applied.