Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Uganda (Ratification: 1978)

Part I of the Convention. Basic human rights of all migrant workers.

Article 1. Basic Human Rights. In its report, the Government stresses that the Employment Act, Cap. 2006 (specifically sections 5, 36, 37, 96) and the recently adopted Employment (Recruitment of Uganda Migrant Workers Abroad) Regulations, 2021 are the primary legislative instruments safeguarding the rights of migrant workers. It also indicates that: (1) an inter-ministerial committee, the National Coordination Mechanism (NCM), is in place to guide migration management; and (2) the Ministry of Internal Affairs is in the process of developing a National Migration Policy, which aims to address all aspects relating to migration to facilitate orderly, safe, regular and responsible migration and mobility of people through planned and well-managed migration policies (regardless of their ethnic background). In this regard, the Committee observes that the Directorate of National Citizenship and Immigration recorded 669 immigrants in an irregular situation in Uganda in the 2022/2023 fiscal year and that no reports of abusive conditions were documented during this period. It also notes that these inspections focused on verifying work permits and visa validity for individuals in various categories of illegal immigration. The Committee wishes to recall, in that respect, that irregularity does not mean that migrant workers have no fundamental rights at work (see 1999 General Survey on Migrant Workers, paras 295–315). Indeed, by virtue of Article 1 of the Convention, member States must respect the fundamental rights, including labour rights, of all migrant workers, irrespective of their migration status (see also 2016 General Survey on Promoting Fair Migration, para. 300). Further, the Committee is mindful of the fact that, in practice, many migrant workers are employed in hazardous conditions and subject to harassment, including sexual harassment, and poor conditions of work as well as low or non-payment of wages. Thus, it notes with regret that the Government has not indicated the measures adopted or envisaged to ensure that the basic human rights of all migrant workers – in particular labour rights – are respected. Consequently, the Committee reiterates its requests to the Government to inform it of concrete measures adopted or envisaged to ensure that the basic human rights, particularly labour rights, of all migrant workers, are respected, regardless of their legal status.Please also communicate the progress made in the adoption of the National Labour Migration Policy.

Articles 2–6. Measures to prevent and address clandestine movements of migrants, illegal employment of migrant, migration in abusive conditions, effective sanctions. The Committee notes the measures adopted to combat the exploitation of migrant workers going abroad and prevent clandestine movements and illegal employment, for example: the mandatory six-month course for new recruits and the periodic programmes conducted through the Immigration Training Academy, established in 2017 in collaboration with the International Organization for Migration (IOM). The Committee further notes the indication of the Government that it has strengthened its legislative and policy framework through the adoption of: (1) the Prevention of Trafficking in Persons Regulations (2019); (2) the National Action Plan for Prevention of Trafficking in Persons in Uganda, 2019–2024, complemented by; (3) the National Referral Guidelines for the Management of Victims of Trafficking in Uganda (2020); and (4) the Prevention of Trafficking in Persons Act (PTIP), 2009, with a view to enhance the prevention of trafficking in persons, improve coordination among stakeholders, and provide victim support services. The Committee also takes note of the role of the Coordination Office for Prevention of Trafficking in Persons (COPTIP) in overseeing the implementation of the PTIP Act. The COPTIP focuses on prevention, data analysis, stakeholder coordination, and training, including equipping recruitment agencies with ethical recruitment practices. However, the Committee notes that, according to the 2023 IOM Report on Migration Governance Indicators for Uganda, there remains gaps in the timely identification of migrants in vulnerable situations, in particular migrant domestic workers, who are predominantly women. The Government indicates that the COPTIP, in collaboration with the Office of the Director of Public Prosecutions (ODPP), and the Criminal Investigation Directorate (CID), investigated 1,006 incidents of human trafficking in 2023. However, it does not clarify whether these cases directly related to violations of sections 37(1) and (2) of the Employment Act. Finally, the Committee notes the Government’s 2024 ratification of the United Nations Transnational Organised Crime Protocol (2000), and the reported development of an external labour information management system to facilitate systematic information exchange with recruitment companies and host countries, aiming to suppress clandestine movements and illegal employment. While welcoming all these initiatives, the Committee observes that: (1) although the Government stated that a review of the Employment Act, 2006, has been undertaken to align it with international standards, it did not provide information on the outcomes of this review and whether the Employment Bill 2019 to amend the principal Act has been brought into force; and (2) no specific information was provided on the number of inspections carried out and the outcomes of these workplace inspections. The Committee requests the Government to provide estimates recorded by the Ministry of Internal Affairs, disaggregated by sex, of: (i) the number of foreign workers that have entered or are employed in Uganda in an irregular situation; and (ii) the number of overseas Ugandan migrant workers in an irregular situation in destination countries. It also requests the Government to provide information on: (i) the activities of labour inspectorate services in effectively monitoring the illegal employment of migrant workers, particularly in sectors that predominantly employed migrants; (ii) the steps taken to monitor recruitment agencies; and (iii) the penalties and other measures applied in practice against employers in violation of the Employment Act’s requirement regarding foreign workers and individuals organizing illegal or clandestine migration for employment. Please provide information on any relevant administrative or judicial decisions relating to the application of the Convention.

Bilateral Agreements. The Committee noted previously that the bilateral agreements signed with the Hashemite Kingdom of Jordan, Qatar, Saudi Arabia and the United Arab Emirates are not necessarily enforced effectively on both sides. The Government reports several measures to safeguard the rights of migrant workers under these agreements, including: (1) regular monitoring and auditing of Pre-departure Training Institutions; (2) quarterly inspections and monitoring of migrant workers in destination countries, particularly Jordan, Saudi Arabia, the UAE and Qatar; (3) enforcement of the requirement of issuance of employment contracts to guarantee safe and acceptable working conditions; (4) strengthening the Joint Technical Committee on Bilateral Labour Agreements; (5) sanctioning, suspending, or revoking the licenses of errant recruitment agencies; and (6) establishing an external labour information management system to improve data management and information exchange between recruitment agencies and host countries, thereby facilitating oversight of recruitment processes. However, the Committee observes that the findings of the 2023 IOM Report on Migration Governance Indicator, highlighted persistent challenges of the Government in addressing the specific vulnerabilities faced by migrant workers, particularly women domestic workers. These challenges include gaps in monitoring and enforcement mechanisms, inconsistent implementation of employment contracts and recruitment procedures, and the absence of a systematic approach to disseminate information about bilateral agreements to migrant workers in accessible and understandable formats. Considering these concerns, the Committee wishes to emphasize again the critical role that bilateral labour agreements and related arrangements can play in ensuring that migrant workers benefit from the protections enshrined in international labour standards. It further stresses that these agreements must include robust mechanisms for monitoring their implementation, enforcement, and social dialogue (see 2016 General Survey, para. 163). Therefore, the Committee reiterates its requests for the Government to: (i) provide information on its efforts to widely disseminate the provisions of bilateral agreements provisions; (ii) indicate how it ensures that the provisions of bilateral agreements align with ratified international labour instruments and incorporate a gender-responsive approach to address the specific vulnerabilities of women migrant workers, particularly domestic workers; and (iii) strengthen monitoring and enforcement mechanisms to ensure the effective implementation of bilateral agreements, and to report on the results achieved.

Article 7. Consultations with employers’ and workers’ organizations. The Committee notes the Government’s indication that consultations with workers’ and employers’ organizations continue to be a key component of its migration governance framework. The Government highlights its adherence to the National Tripartite Charter on Labour Relations, 2013, which facilitates social dialogue regarding the development and implementation of laws and regulations, as well as other measures to address migration in abusive conditions and the illegal employment of migrant workers. It further reports that workers’ and employers’ organizations, including the Federation of Uganda Employers (FUE), the National Organization of Trade Unions (NOTU), and the Central Organization of Free Trade Unions (COFTU), are regularly engaged in the formulation and review of policies and participate in sensitization meetings and workshops aimed at addressing labour migration issues. The Committee also notes that labour unions are required to submit annual returns to the Registrar of Labour Unions under section 49 of the Labour Unions Act, which detail their efforts to raise awareness among workers about labour laws, including those relating to migration. Additionally, the Government reports that employers and workers’ organizations participate in stakeholder consultations on the development of bilateral labour agreements and other measures designed to prevent abusive migration practices and protect migrant workers’ rights. The Committee welcomes the efforts taken by the Government to engage social partners in the development and implementation of policies and measures to address migration in abusive conditions and the illegal employment of migrant workers and the structures in place to facilitate ongoing and meaningful consultation. The Committee takes note of this information, which addresses its previous request.

Article 9. Rights arising out of past employment. The Committee notes with regret that the Government has not provided information about measures in place to ensure that migrant workers, whose migration status cannot be regularized, enjoy equality of treatment with respect to rights arising out of past employment (see 2016 General Survey, paras 303 and 313). The Committee therefore again requests the Government to provide information on the measures taken to ensure that: (i) migrant workers in an irregular situation can still enjoy the rights acquired out of past employment (remuneration, social security and other benefits); (ii) the workers concerned have the possibility to present their case to a competent body; and (iii) the costs of expulsion shall not be borne by the migrant worker or their family.

Part II of the Convention. Equality of opportunity and treatment.

Article 10. National equality policy. The Committee takes note of the Government’s expression of commitment to formulate migration policies addressing inter alia the challenge of ensuring equality of opportunity and treatment between nationals and migrant workers lawfully employed in the country. However, the Committee observes that no information was provided on the practical implementation of the sections of the Employment Act which affirm equality of opportunity and treatment for migrant workers in a regular situation (in particular sections 6(2) and (3) and 75(g)) nor on the complaints filed by migrant workers alleging discrimination in employment and occupation. The Committee reiterates its request to the Government to provide concrete information on: (i) the practical steps taken to enforce the above-mentioned provisions of the Employment Act, 2006; (ii) any policies, programmes, or enforcement mechanisms implemented to promote equality of opportunity and treatment between migrant workers and nationals; and (iii) complaints received from migrant workers regarding alleged violations of the principle of the Convention.

Article 14. Free choice of employment and restrictions. Regarding the Minister’s authority to limit the range of jobs opened to migrant workers or extend the length of time to which migrant workers are subjected to restrictions in terms of free choice of employment, pursuant to sections 6(5) and 97(2)(c) of the Employment Act, 2006, the Committee notes that the Government merely identifies national security, public administration, and “other sensitive sectors” as restricted areas for migrant workers. In that regard, the Committee wishes to point out that permanent or indeterminate prohibition of foreigners to certain occupations are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public service and are necessary for the interest of the state. Moreso, general restrictions affecting migrant workers’ access to free choice of employment may be authorized for a period not exceeding two years (see 2016 General Survey, para. 370). The Committee consequently reiterates its request to the Government to specify the duration and nature of any employment limitations placed on migrant workers under any regulations issued by the Minister, and to provide information on the practical application of such restrictions.