Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uganda (Ratification: 2005)

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee welcomes the Government’s ratification of the Violence and Harassment Convention, 2019 (No. 190) on 7 August 2023, and notes the indication of the Government, in its report, that it is currently reviewing the Employment (Sexual Harassment) Regulation, 2012 to align its provisions with that Convention. In this regard, the Committee recalls that sexual harassment is prohibited in the private sector by virtue of the Employment (Sexual Harassment) Regulation, 2012 (section 3); and in the public sector by the Code of Conduct and Ethics in the Public Service (adopted in 2005). The Committee notes the Government’s indication that it is promoting the use of collective bargaining agreements to tackle violence and sexual harassment in the workplace. In addition, it notes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, welcomed the adoption of the Leadership Code (Amendment) Act of 2017, which, inter alia, provides women with protection from sexual harassment at public workplaces (CEDAW/C/UGA/CO/8-9, 1 March 2022, paragraphs 4(c) and 27(b)). The Committee therefore requests the Government to provide information on: (i) the review of the Employment (Sexual Harassment) Regulation, 2012; (ii) the implementation of the Code of Conduct and Ethics in the Public Service (2005) and the Leadership Code (Amendment) Act of 2017, including the sanctions applied and the results of inspections carried out specifically regarding sexual harassment and; (iii) collective bargaining agreements adopted which include provisions prohibiting violence or sexual harassment at work.

Discrimination based on national extraction. Ethnic minorities. The Committee notes the information provided by the Government that it is implementing projects under the Vulnerable and Marginalised Groups (VMG) framework and has also adopted the Parish Development Model to create opportunities and empower vulnerable groups including ethnic minorities like the Batwa, IK, Benne and Tepeth. The Committee asks the Government: (i) to continue to take the relevant legislative or administrative measures to implement concretely the National Land Policy adopted in 2013 to make it effective for hunter–gatherer and pastoralist communities to access the necessary resources, particularly land, that are required to carry out their occupations; and (ii) to provide information on results achieved under development projects geared towards ensuring equal opportunities and treatment in employment and occupation for ethnic minorities, including awareness-raising measures and measures to address stereotypes.

Article 1(1)(b). Discrimination based on disabilities. The Committee notes the adoption of the Persons with Disabilities Act No.3/2020 which repeals the previous Persons with disabilities Act (2006), and provides for the respect and promotion of the fundamental and other human rights and freedoms of persons with disabilities and re-establishes the National Council for Disability as the National Council for Persons with Disabilities. The Committee welcomes the Government’s proactive measures to promote targeted recruitment for persons with disabilities, including initiatives such as the development of vocational training programs under the Strengthening Performance and Accountability through Community Engagement (SPACE) Uganda programs; and its efforts to include persons with disabilities in local council parliament, and the provision of a special docket for special interest groups in Parliament, which also accommodates persons with disabilities. Additionally, the Committee notes the Government’s indication that it spends about 100,000 Ugandan shillings annually to run vocational training centres for persons with disabilities; and disburses special grants to eligible beneficiaries among the persons with disability to facilitate productivity and job creation. However, the Committee has taken note that, in its March 2022 concluding observations, CEDAW expressed concerns regarding the reported lack of independent livelihoods or income for 80 per cent of women with disabilities and recommended concrete measures be taken by the Government, following the adoption of the new Persons with Disabilities Act, to ensure effective access to employment and accessible transportation for women with disabilities. These measures will be aimed at promoting their inclusion in both public and private employment. Examples of such measures include quotas for women with disabilities or legally mandated reasonable accommodations (CEDAW/C/UGA/CO/8-9, 1 March 2022, paragraphs 39(d) and 40(d)). The Committee requests the Government to provide information on the number of persons with disability, including women, who have benefited from the vocational training programs provided under the SPACE programs and of the special grants for persons with disability.

Discrimination based on real or perceived HIV status. The Committee notes the adoption in 2021 of a National Policy Guideline on ending HIV Stigma and notes the response of the Government that the draft Employment (HIV/AIDS) Regulations are still being developed. Consequently,the Committee asks the Government to provide information on the content and status of the draft Employment (HIV/AIDS) Regulations, with respect to the provisions protecting workers against discrimination based on HIV/AIDS. The Committee also invites the Government to implement awareness-raising measures at the national and local levels or at the level of the workplace to prevent discrimination and stigma in employment and occupation against persons living with HIV or AIDS, as suggested by the HIV and AIDS Recommendation, 2010 (No. 200).

Articles 2 and 3. National Equality Policy and Promotion of equality of opportunity and treatment in respect of employment and occupation. In the absence of information provided in this regard, the Committee again asks the Government: (i) to take all the necessary measures to formulate and implement a national equality policy designed to address discrimination based on all the grounds covered by the Convention and the additional prohibited grounds under the Employment Act, 2006, as requested by the Convention; and (ii) to promote actively equality of opportunity and treatment in respect of employment and occupation.

Gender Equality Policy. The Committee notes the mere statement of the Government that it has put in place legal, policy and institutional frameworks to combat discrimination. The Committee once again asks the Government to provide concrete information on the specific steps taken, under the Employment Policy of 2011, the Gender Policy of 2007 or otherwise, to eliminate discrimination and promote equality of opportunities for men and women in employment and occupation and on the impact of such measures.

Discrimination against women. The Committee notes the findings contained in the 10th Annual Report of the Equal Opportunities Commission (EOC) (2022–2023), including the result of the 2019/2020 Uganda National Household Survey which showed that women constitute 50.9 per cent of the total population. The report also indicates that women’s labour force participation stood at 49.6 per cent in 2022, with more women (83 per cent) than men participating in unpaid care work. The Committee welcomes the information of the Government that it has increased funding for the EOC and that there is a certification process under the Public Finance and Management Act (2015) to promote equity and gender responsiveness in the annual national budgeting process. The Committee notes with interest the indication of the Government that the National Planning Authority undertakes gender-equity budgeting audits across all Ministries to ensure compliance with the law. The Committee asks the Government to continue to provide information on the measures taken and results achieved in relation to: (i) the national priorities under the National Development Plan III (2020-2025), e.g. women’s economic empowerment, women's and girls' education and skills training, ending gender-based violence and promoting women’s rights; and promotion of a supportive environment for women’s empowerment; (ii) the National Action Plan on Women, Gender Equality, and HIV/AIDS (2016/17–2020/21); and (iii) the recommendations of the Equal Opportunities Commission. Please provide any relevant data or statistics available in this regard.

Women access to resources. The Committee notes with interest the adoption of the Succession (Amendment) Act 2022, which extends the provision related to interstate distribution of property to women and men alike, following the Constitutional court decision of 2007 which considered inter alia that section 27 of the Succession was discriminatory. The Committee asks the Government to continue to take appropriate steps to ensure equal access to resources such as land for women.

Equality Bodies. The Committee notes that the 2020–21 Annual Report of the EOC indicates that the Commission resolved up to 66 per cent of the complaints that were registered for Fiscal Year 2020–21. It registered 590 complaints regarding inequality, of which 180 concerned employment and 160 land. Of the 590 complaints received and registered, 298 were concluded during that period. It also notes that the EOC conducted research and audits to identify gaps and provide recommendations to address discrimination and marginalization. The Committee also observes that the EOC trained over 2,500 technical staff and political leaders in gender and equity planning and budgeting. The Committee further notes that the 2021–23 Annual Report of the EOC indicates that the percentage of cases resolved by the commission reduced to 55.1 per cent; the Commission received and registered 697 complaints for the period under review, out of which 384 complaints were successfully concluded. The Committee welcomes the information that the assessment of the National Budget Framework Paper (NBFP), Ministerial Policy Statements (MPS), and Local Government Budget Framework Papers (LGBFPs) involved the development of tools, guidelines, and training to integrate gender and equity considerations into budgets and plans across different government departments and local governments (gender budgeting). It however, notes with concern the lack of progress outlined in the 2022–23 Annual Report of the EOC. Specifically, out of the 19 recommendations made by the Commission between 2019 and 2022, seven have not been acted upon. One such recommendation called for equalizing opportunities for employment and improving living standards by providing bursaries for top-performing ethnic minority students and enhancing information dissemination in local languages about livelihood programs in ethnic minority communities. Another recommendation that remained unimplemented urged the Government to ensure the fair recruitment of specialized teachers trained to support students with disabilities in all secondary government schools, with the goal of enhancing these students’ academic success. The Committee asks the Government to provide specific information on: (i) any follow-up given to the unimplemented recommendations of the EOC contained in its 2022–23 report; and (ii) the impact of the EOC recommendations implemented including statistics on labour market participation of women, the country different ethnic groups or disability.