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

Abolition of Forced Labour Convention, 1957 (No. 105) - Uganda (Ratification: 1963)

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee recalls that several provisions of the national legislation provide for penalties of imprisonment (involving compulsory prison labour under section 61 of the Prisons Regulations, 2012) in circumstances which may fall within the scope of Article 1(a) of the Convention, namely:

• provisions of the Public Order and Security Act No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence;
• sections 56(2)(c), 57 and 58 of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus rendering any speech, publication or activity on behalf of, or in support of, such a combination, illegal; as well as sections 50 (publication of false news), and 179 (libel);
• sections 5(8) and 8(4) of the Public Order Management Act No. 9 of 2013, respectively for disobedience of statutory duty in case of organizing a public meeting without any reasonable excuse, and for disobedience of lawful orders during public meetings;
• sections 40 and 44(f) and (g) of the Non-Governmental Organizations Act No. 1 of 2016, for engaging in any act which is prejudicial to the interests of Uganda and the dignity of the people of Uganda; or engaging in fundraising or campaigning to support or oppose any political party or candidate for an appointive office or elective political office; and
• sections 11, 12 and 16 of the Anti-Terrorism Act No. 14 of 2002, as amended, read in conjunction with sections 7(2)(d) and (g) defining the offence of terrorism.

Recalling that in 2020, the Constitutional Court declared that section 8 of the Public Order Management Act was unconstitutional and therefore null and void, the Committee notes the Government’s indication, in its report, that there is a need to revise the provisions of the Public Order and Security Act, Penal Code and Public Order Management Act.

As regards the Non-Governmental Organizations Act, the Committee notes that, in its 2023 concluding observations, the United Nations Human Rights Committee was concerned that custodial sentences can be imposed on non-governmental organizations’ personnel for administrative offences and that non-governmental organizations working in the field of good governance and election monitoring had their bank accounts frozen in the period prior to and after the 2021 general election, for alleged involvement in terrorism financing activities, which prevented them from carrying out their work (CCPR/C/UGA/CO/2).

The Committee further notes that several provisions of the Computer Misuse Act No. 2 of 2011, as amended by the Computer Misuse (Amendment) Act of 2022, provide for penalties of imprisonment (involving compulsory prison labour) in circumstances which may fall within the scope of the Convention, namely for offensive communication (section 25); information that is likely to ridicule another person or create divisions among persons (section 26A(1)); malicious information (section 26C); and misuse of social media (section 26D). In this regard, the Committee takes due note that, on 10 January 2023, the Constitutional Court (Constitutional Petition No. 5 of 2016) declared section 25 of the Computer Misuse Act as “vague, overly broad and ambiguous” and therefore null and void for being contrary to the right to freedom of peaceful assembly guaranteed under article 29(1) of the Constitution.

It further notes that, in its 2023 concluding observations, the United Nations Human Rights Committee expressed concern at overly broad and vaguely defined provisions in Uganda’s legal framework, including the Computer Misuse Act, which are reportedly used to suppress voices critical of the executive, including journalists, writers and human rights defenders, and restrict media coverage of political opposition activities. The Human Rights Committee was also concerned that such laws, which contain severe penalties including custodial sentences, combined with insufficient regulation of surveillance activities, may lead to increasing self-censorship; and was also concerned at reports of arbitrary arrests and detention and physical attacks on journalists, particularly in the context of reporting on elections and protests (CCPR/C/UGA/CO/2).

The Committee notes with concern this information and recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (2012 General Survey on the fundamental Conventions, paragraph 302). The Committee once again urges the Government to take the necessary measures to ensure that, both in law and in practice, no penalties involving compulsory prison labour can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system. It expresses the firm hope that measures will be taken without delay regarding the revision of the above-mentioned provisions of the Public Order and Security Act No. 20 of 1967, the Penal Code, the Public Order Management Act No. 9 of 2013 and the Computer Misuse Act No. 2 of 2011, as amended, to ensure the observance of the Convention. The Committee also requests the Government to ensure that the above-mentioned provisions of the Non-Governmental Organizations Act No. 1 of 2016 and the Anti-Terrorism Act No. 14 of 2022, as amended, are not used to sanction persons who peacefully express political views or views ideologically opposed to the established political, social or economic system, and requests information on their application in practice, including on the number of legal actions initiated, the penalties imposed and the acts that gave rise to these convictions.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for having participated in strikes. The Committee recalls that several provisions of the Labour Disputes (Arbitration and Settlement) Act, 2006, provide that penalties of imprisonment (involving compulsory prison labour) can be imposed in the case of the organization of a strike or other industrial action declared unlawful or of collective withdrawal in essential services considered illegal (sections 28(6); 29(2) and (3) and 33(1) and (2) of the Act). In the absence of any updated information provided by the Government in this respect, the Committee recalls that, in accordance with Article 1(d) of the Convention, persons who organize or peacefully participate in a strike cannot be liable to penal sanctions involving compulsory labour. The Committee refers, in this regard, to its 2023 general observation on the application of the Convention as well as its 2022 observation on the application of the Freedom of Association and Protection of the Rights to Organise Convention, 1948 (No. 87). The Committee once again urges the Government to take the necessary measures to ensure that the Labour Disputes (Arbitration and Settlement) Act, 2006, is amended so that workers who participate peacefully in a strike are not liable to sanctions of imprisonment involving compulsory labour.