Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

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

The Committee takes note of the detailed discussion that was held by the Committee on the Application of Standards (Conference Committee) at the 112th Session of the International Labour Conference (June 2024), regarding the application of the Convention by Uganda, as well as of the Government’s report.

The Committee also takes note of the observations of the International Organisation of Employers (IOE), received on 30 August 2024, which reiterate their comments made during the Conference Committee discussion and express the hope that progress will be made in the application of the Convention by Uganda, in line with the conclusions of the Conference Committee.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 11 2 th Session, June 2024)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. The Conference Committee urged the Government to intensify its efforts to ensure the progressive elimination of child labour by children under the minimum age for employment or work, as well as for all children engaged in hazardous work, in particular by: (1) implementing measures concerning child labour awareness and community sensitization; and (2) intensifying its efforts to facilitate access to free basic education for all children. It further urged the Government to intensify its efforts towards early identification of high-risk areas and vulnerable groups and improve resources allocation for this purpose. It urged the Government to provide detailed information in this regard, including as regards the implementation of the National Action Plan on the Elimination of Child Labour 2020/21 – 2024/25 (NAP II) and of the “ACCEL – Accelerating Action for the Elimination of Child Labour in the supply chain of tea and coffee in Africa” project (ACCEL Africa project), and to provide statistics, disaggregated by age and sector of activity, on the situation of children engaged in child labour in the country.

The Committee notes the Government’s reiteration, in its report, of its commitment to expedite the process of elimination of child labour. In this regard, the Committee notes the Government’s indication that it is promoting stakeholder synergies through the operationalization of the National Steering Committee on the Elimination of Child Labour. The Government also expands on the steps it aims to take to implement the “reviewed” NAP II, which include: (1) aligning the legal and policy frameworks; (2) establishing a robust system for data collection on child labour and undertaking a comprehensive risk assessment; (3) combining prevention and protection strategies aimed at addressing the root causes of child labour; (4) capacity-building and training of relevant stakeholders; (5) public awareness and advocacy; and (6) ensuring sustainability. Additionally, the Government is tackling poverty, a root cause of child labour, through wealth creation programmes and the Parish Development Model, which aims to shift households from subsistence to market-oriented agriculture, increasing job opportunities and household incomes.

Moreover, the Committee notes that Uganda is in the second phase of the ACCEL–Africa project, aimed at eliminating child labour in coffee and tea supply chains by addressing its root causes. The Committee also notes that the “Ending child labour in supply chains: Addressing the root causes of child labour in supply chains through an area-based approach” (CLEAR Supply Chains) project, which brings together the ILO, the Food and Agricultural Organization (FAO), the International Trade Centre (ITC) and the United Nations Children’s Fund (UNICEF), focuses on addressing the root causes of child labour, with a primary focus on the coffee supply chain, and leveraging efforts in the minerals supply chain, particularly cobalt. In September 2024, the project held two trainings on child labour due diligence as part of an ILO capacity-building programme for members of the Child Labour Platform and their suppliers, with both these trainings being precursors for the rollout of an ILO capacity-building programme on child labour due diligence and other fundamental principles and rights at work set to start in January of 2025.

The Committee takes due note of the measures taken by the Government, in cooperation with the ILO, other international partners, the social partners and other stakeholders. However, the Committee notes with concern that the most recent data, while showing discrepancies, demonstrates that the incidence of child labour is very high in the country and that a large number of children are involved in hazardous work: the 2021–22 Uganda National Labour Force Survey reported 6.2 million children in child labour, while the Uganda National Household Survey 2019–2020 reported 2.7 million, with most of these children engaged in the agricultural sector, particularly in coffee and tea production.

The Committee therefore urges the Government to intensify its efforts to ensure the effective abolition of child labour by children under the minimum age for employment or work, as well by all those engaged in hazardous work. In this regard, it requests the Government to continue taking measures to ensure the implementation of the NAP II, ACCEL Africa project and CLEAR project, and to provide information in this regard and on the results achieved.

The Committee also strongly encourages the Government to take the necessary measures to ensure that up-to-date and reliable statistics are available on the situation of children engaged in child labour in the country, disaggregated by age and sector of activity, and to communicate this information.

Article 9(1). Penalties and labour inspection. The Committee notes that the Conference Committee urged the Government to take effective and time-bound measures to strengthen the capacity of the labour inspectorate: (1) to detect cases of child labour, by providing the labour inspectorate with all the human, material, financial and technical resources necessary, and by adequately training labour inspectors; and (2) to ensure that the relevant provisions on the employment of children and young persons providing for penalties are effectively implemented.

The Committee notes the Government’s information regarding the more recent actions taken to strengthen the labour inspectorate to effectively identify cases of child labour. These include the prioritization of the training of labour law enforcers at headquarters and district levels, including through increasing awareness interventions, and the application of the Guidelines developed to assist labour inspectors in their efforts to eliminate child labour and particularly in hazardous work and educational trainings and apprenticeships. The Government provides information on how labour inspectors apply these guidelines, including through the planning of interventions at the district level, regular inspections and reviewing of employee records, public awareness and education, and collaboration with other stakeholders to better identify and address cases of underage employment. The Government reiterates also that inspectors have the authority to impose the penalties provided in this legislation, such as fines or legal sanctions, on employers who fail to adhere to child labour laws.

The Committee notes with regret, however, that the Government provides no information on the number of inspections conducted, violations detected and penalties applied. In this regard, the Government reiterates that the Annual Labour Inspection report of 2022 is being compiled, and that it will be shared as soon as it is published.

The Committee urges the Government to pursue its efforts to ensure that the labour inspectorate is adequately trained be able to detect cases of child labour, as well as to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively applied. It once again requests the Government to provide information on the results achieved in this regard, and to communicate a copy of all recently published Annual Labour Inspection reports, ensuring that these include information on the number and nature of violations involving children detected by the labour inspectorate.

With regard to other issues pertaining to the labour inspectorate, including as regards the provision of adequate resources, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81).

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