Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Uganda (Ratificación : 1963)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee notes that the National Action Plan for Prevention of Trafficking in Persons for 2019–2024 sets as specific objectives to: (i) strengthen the institutional capacity to effectively respond to trafficking in persons; (ii) improve the legal and policy framework; (iii) improve access to protection and assistance for victims; (iv) strengthen prevention mechanisms; (v) strengthen investigation, prosecution and adjudication of cases of trafficking in persons; and (vi) build strong and effective partnerships at national, regional and international levels. According to the Action Plan, Uganda remains a source, transit and destination country with cases of trafficking in persons consistently increasing since 2015 and the number of cases of internal trafficking much higher than that registered by the Government authorities. In this regard, the Committee notes that, in November 2023, the Coordinator for the Prevention of Trafficking in Persons (COPTIP) called upon the members of the District Task Forces established in the regions of Arua, Kyotera, Tororo and Kasese, to intensify their efforts in the fight against trafficking in persons in their respective areas of jurisdiction, as a result of the increase in cases of internal trafficking in persons. It also notes that a five-year communication strategy to complement the Action Plan was launched in December 2023 in order to increase awareness of trafficking in persons among the general public and first responders.

The Committee notes, from the 2023 interim evaluation report of the ILO CAPSA project, which seeks to build the capacity of the Government to combat more effectively child labour, forced labour and violations of conditions of work, that training was provided to improve stakeholders’ ability to refer victims of trafficking. In this regard, the Government indicates in its report, that the greater use of the 2020 National Referral Guidelines for management of victims of trafficking in persons led to more cases of trafficking in persons being identified and reported in 2022. Furthermore, 323 prosecutors in the Office of the Director of Public Prosecution are now handling issues related to trafficking in persons. The Committee observes, from the 2023 Annual Crime Report of the Uganda police force, that the number of cases of trafficking reported decreased from 668 in 2022 to 496 in 2023, out of which 177 cases were taken to court, 27 cases led to convictions, and 133 cases are still pending in court. A total of 26 sentences of imprisonment and 2 sentences of fines were handed down, and 614 adult victims of trafficking were identified.

The Committee requests the Government to continue to take measures to prevent and address trafficking in persons, including internal trafficking, which is on the rise, as well as to better identify, protect and support victims of trafficking. Observing that the National Action Plan for Prevention of Trafficking in Persons ends in 2024, the Committee requests the Government to provide information regarding the final evaluation of the implementation of the six objectives set forth in the above-mentioned Action Plan, as well as on any new action plan elaborated as a follow-up. Furthermore, the Committee requests the Government to continue to provide information on the number of cases of trafficking identified and investigated, prosecutions and convictions, as well as on the nature of the penalties imposed on perpetrators.

2. Vulnerable situation of Ugandan migrant workers with regard to the exaction of forced labour. The Committee notes the Government’s indication that pre-departure orientation training and other services are being offered to migrant workers, while there is no plan to institute post-arrival training for the workers upon their arrival in the destination countries. As regards the monitoring of recruitment agencies, the Government states that, in 2022–2023, six licences for recruitment agencies were suspended for engaging in fraudulent and exploitative recruitment activities and one licence was revoked for a company in the Middle East. The Government adds that a ban was placed on licensing of recruitment agencies in February 2023 in order to consolidate its efforts to protect migrant workers’ rights. In addition, training on ethical recruitment of migrant workers and of labour attachés in foreign countries was conducted, in collaboration with the ILO and the International Organization for Migration, while it is planned to post labour attachés to the various embassies in countries with a high number of migrant workers such as the United Arab Emirates and Qatar. In this regard, the Committee notes that the Uganda Labour Migration Information System (LMIS) has been set up, in collaboration with the ILO, and should be effectively implemented by the end of 2024.

As regards agreements concluded with receiving countries to protect migrant workers’ rights, a Bilateral Labour Service Agreement was signed between Uganda and Saudi Arabia in May 2023; other services agreements are currently under negotiation with Qatar and the United Arab Emirates and negotiations should also start with Jordan and Oman. The Committee notes that, in January 2024, the COPTIP held a National Task Force meeting to find ways on how to best protect migrant workers, and highlighted that most migrant workers are often duped or promised jobs and scholarships that do not always exist and result in different forms of labour and sexual exploitation. The Government indicates in this regard that over 4,000 Ugandan victims of trafficking were repatriated from the United Arab Emirates between January and March 2023, as well as 200 victims from India between July 2022 and March 2023.

The Committee takes due note of the measures taken to protect Ugandan migrant workers’ rights and encourages the Government to pursue its efforts to prevent migration-related abuse, and exploitation and trafficking of migrant workers. The Committee requests the Government to provide information on the negotiation and implementation of Bilateral Service Agreements concluded with destination countries; the monitoring of the activities of recruitment agencies, indicating the violations observed and the sanctions imposed; and the measures taken to provide Ugandan migrant workers with access to information on fair migration channels and support services, as well as on pre-departure orientation training and other services provided to them.

3. Law enforcement. The Committee notes the Government’s indication that weak implementation of the legal provisions persists as a result of the limited knowledge of what constitutes forced labour, with forced labour being still prominent in the informal sector and domestic work where labour inspections are minimal as the national legislation does not expressly qualify households as workplaces liable for inspection. The Government refers to the inadequate financial resources for law enforcement authorities which also affects the regularity in monitoring forced labour in workplaces and indicates that recruitment of additional inspectors into the Employment Service Department is planned. The Committee requests the Government to continue its efforts to strengthen the capacity and resources of law enforcement officials to identify and prosecute forced labour cases in at-risk sectors, including through the provision of appropriate training. It also requests the Government to provide information on the activities of labour inspectors to monitor compliance with the legal provisions enshrining workers’ rights and protecting them from forced labour practices (including the number of fines imposed and cases referred to the judicial authorities), as well as on the number of prosecutions initiated and convictions and penalties applied in cases of forced labour.

The Committee is raising other matters in a request addressed directly to the Government.