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

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The Committee notes with deep concern that the Government’s report has not been received since 2017. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention based on the information at its disposal.

Part I of the Convention. Migration in abusive conditions. Basic human rights of all migrant workers. The Committee notes that Uganda is one of the country hosting the highest number of international migrants in East Africa: 1.7 million in 2020 according to the United Nations Department of Economic and Social Affairs – (UN DESA, 2020a). The instability of the region, the porosity of the international borders, the lack of economic opportunity, the expectation to find better livelihood opportunities elsewhere are major migration drivers in the region. According to the Uganda Migration Governance Profile (International Organisation for Migration - IOM), the legislation currently governing migration in Uganda is fragmented and there is no comprehensive policy or framework driving migration governance. Existing legislation focuses on the rights of Ugandan nationals working abroad and could be strengthened to address the rights of immigrants living in Uganda. The Committee asks the Government to provide information on the measures adopted to ensure that migrant workers basic human rights are respected on its territory, whether or not they are in a regular situation. It also asks the Government to provide updated information on migration flows, including statistical information disaggregated by sex, by sector, by nationality, by country of origin and country of destination.

Ugandan migrant workers. The Committee takes note of the information included in the Report “Women's labour migration on the Africa-Middle East corridor: experiences of migrant domestic workers from Uganda” (hereinafter the Women’s labour migration report). According to this report, Ugandan migrant workers often find themselves in situations where they are highly vulnerable to abuse or ill-treatment. The report contains testimonies of exploitation, including sexual and physical abuse, withholding of salaries, overwork, work in multiple households, limited rest, and poor living conditions. The Committee notes that the report indicates that local and foreign recruitment agencies often play a central role in perpetrating violence and abuse against migrant domestic workers. In this regard, the Committee notes that the Uganda Migration Governance Profile indicates that the country has put in place an elaborate institutional framework to implement its migration policy, for example: (1) the National Citizenship and immigration Board and the Directorate of Citizenship and Immigration Control (DCIC), within the Ministry of Internal Affairs are responsible for border Management, the issuance of visas, processing citizenship, applications and deportations; (2) the Diaspora Services Department is the dedicated government agency responsible for engaging with the Ugandan diaspora; and (3) the National Coordination Mechanisms on Migration (NCM) – established in 2015 to strengthen coordination of migration actors in member states of the Inter-Governmental Authority on Development (IGAD) – led by the Office of the Prime Minister and comprised by key government agencies, international organisations, migration-related civil society organizations, and members of academia. The Committee notes from the IOM Uganda Annual Report 2020 that, an IOM Labour Mobility and Human development unit was established in consultation with the Ministry of Gender, Labour and Social Development (MGLSD) and the Uganda Association of External Recruitment Agencies (UAERA), which was able to secure funding : (1) to bolster ethical recruitment policies and practices to enhance safe and orderly labour migration pathways, prevent exploitation and better protect migrant workers from Uganda; (2) to contribute to the development of a national Labour Migration Policy and review of the existing bilateral labour migration agreement; and (3) to enhance capacities on labour migration data collection, analysis and sharing to support Labour Migration Governance in East and Horn Africa. The Committee observes further that 200 Ugandan legislators were trained on labour migration and ethical recruitment. The training programme is part of the IOM global project “Promoting ethical recruitment in the hotel and tourism industry”, which seeks to reduce the risk of exploitation facing migrant workers in the hotel industry and its supply chain thus establishing ethical recruitment. Finally, the Committee acknowledges the Government’s efforts to put in place a strong institutional framework to implement its migration policy but observes that, in practice, many Ugandan migrant workers remain vulnerable to abuses throughout the recruitment process and in the destination workplace. Therefore, the Committee requests the Government to provide information on concrete measures taken: (i) to prevent exploitation and better protect migrant workers from clandestine movements and illegal employment; and (ii) to bolster ethical recruitment policies and practice of private employment agencies to enhance safe and orderly labour migration pathways.

Articles 2–6. Measures to prevent and address clandestine movements of migrants, illegal employment of migrant, migration in abusive conditions, effective sanctions. The Committee recalls that section 37(1) and (2) of the Employment Act 2006 prohibit the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes that, according to the website of the Uganda Law Reform Commission, a review of the Employment Act 2006 was undertaken with the view of aligning it to international standards and that the review addressed inter alia issues of migrant workers, domestic workers, and labour export. The Committee requests the Government to provide information on : (i) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act; (ii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed; (iii) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; (iv) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed; and (v) steps taken to establish with other States systematic contact and exchange of information on measures to suppress clandestine movements of migrant workers and their illegal employment, and against the organizers of such activities. Finally, the Committee requests the Government to keep it informed of the progress in the revision of the Employment Act, 2006.

Bilateral Agreements. The Committee notes from the Uganda Migration Profile as well as from the Women’s labour migration report that, besides the Memorandum of Understanding signed in March 2017 with Saudi Arabia, Uganda signed a bilateral agreement with Jordan in November 2016 and was pursuing negotiations of agreements with Bahrain, Iran, Kuwait, Lebanon, Oman, Qatar, the United Arab Emirates. The Women’s labour migration report mentioned above indicates that, between 2016 and early 2019, there were 17,597 female migrant domestic workers from Uganda in Saudi Arabia and 4,119 in Jordan alone, and that the total number of Ugandan migrant workers in the Middle East in the last decade could be over 100,000. The report highlights that in practice the bilateral agreements signed with Saudi Arabia and Jordan are not necessarily enforced effectively on both sides: the recruitment agencies (accredited by the Ministry of Labour and those not accredited) charge recruitment fees, the official recruitment process is not respected, employment contracts are not provided and if so, they are either not respected or the provisions are inconsistent with what is stipulated in Uganda’s national labour laws or with the provisions of ratified ILO standards concerning migrant workers’ entitlement to social protection. The Committee wishes to emphasize the important role that bilateral agreements and other arrangements should play to ensure that migrant workers are able to benefit from the protections contained in the Conventions. In this context, it is important that the content of these agreements and arrangements be made available in understandable terms to those who benefit from them. It should also be ensured that these agreements include adequate monitoring of their implementation and access to enforcement mechanisms and provision of social dialogue (2016 General Survey concerning the migrant workers instrument, para.163). The Committee requests the Government to provide information on the measures taken to ensure a large dissemination of the content of the bilateral labour agreements concluded. It further requests the Government to ensure that these bilateral agreements: (i) are consistent with the provisions of international labour instruments ratified by the country; (ii) include a gender dimension as women migrant workers, in particular domestic workers, face specific abusive conditions; and (iii) adopt a system for regular monitoring and periodic evaluation of the effective implementation of the provisions of these agreements.

Article 7. Consultations with employers’ and workers’ organizations. The Committee recalls that workers’ and employers’ organizations should be consulted in regard to the issues covered by the Convention. The Committee requests therefore the Government to provide information on how the consultation of workers’ and employers’ organizations, as well as the opportunity for them to take initiative, are being ensured with regard to laws and regulations and other measures designed to detect, eliminate and prevent migration in abusive conditions and the illegal employment of migrant workers.

Article 9. Rights arising out of past employment. The Committee wishes to recall that migrant workers in an irregular situation and engaged in unlawful employment should not be deprived of their rights for the work they have actually performed. Furthermore, in the event of a dispute, these migrant workers should be able to present their cases to a competent body (2016 General Survey, para. 303). The Committee again requests the Government to provide information on the measures taken to ensure that: (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment concerning remuneration, social security and other benefits; (ii) workers concerned shall 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 his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal.  The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including on any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and on any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment: Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State.  The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee recalls the provisions of section 37(1) and (2) of the Employment Act 2006 prohibiting the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes the Government’s statement that regulations to give effect to section 27 have not yet been developed. However, an Anti-Trafficking Law was enacted in 2009 and working groups have been set up in different ministries to enable the sharing of information, coordination and development of appropriate measures to prevent trafficking and clandestine movements of persons in the country. The Committee asks the Government to provide information on the following:

• (i) any regulations adopted to implement section 27 of the Employment Act 2006;
• (ii) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act;
• (iii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed;
• (iv) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; and
• (v) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. Rights arising out of past employment. The Committee recalls its previous comments in which it noted that migrants who were illegally employed or in an irregular situation were apparently arrested and deported. The Committee again asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment. Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee recalls the provisions of section 37(1) and (2) of the Employment Act 2006 prohibiting the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes the Government’s statement that regulations to give effect to section 27 have not yet been developed. However, an Anti-Trafficking Law was enacted in 2009 and working groups have been set up in different ministries to enable the sharing of information, coordination and development of appropriate measures to prevent trafficking and clandestine movements of persons in the country. The Committee asks the Government to provide information on the following:

• (i) any regulations adopted to implement section 27 of the Employment Act 2006;
• (ii) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act;
• (iii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed;
• (iv) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; and
• (v) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. Rights arising out of past employment. The Committee recalls its previous comments in which it noted that migrants who were illegally employed or in an irregular situation were apparently arrested and deported. The Committee again asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment. Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee recalls the provisions of section 37(1) and (2) of the Employment Act 2006 prohibiting the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes the Government’s statement that regulations to give effect to section 27 have not yet been developed. However, an Anti-Trafficking Law was enacted in 2009 and working groups have been set up in different ministries to enable the sharing of information, coordination and development of appropriate measures to prevent trafficking and clandestine movements of persons in the country. The Committee asks the Government to provide information on the following:

• (i) any regulations adopted to implement section 27 of the Employment Act 2006;
• (ii) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act;
• (iii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed;
• (iv) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; and
• (v) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. Rights arising out of past employment. The Committee recalls its previous comments in which it noted that migrants who were illegally employed or in an irregular situation were apparently arrested and deported. The Committee again asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment. Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee recalls the provisions of section 37(1) and (2) of the Employment Act 2006 prohibiting the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes the Government’s statement that regulations to give effect to section 27 have not yet been developed. However, an Anti-Trafficking Law was enacted in 2009 and working groups have been set up in different ministries to enable the sharing of information, coordination and development of appropriate measures to prevent trafficking and clandestine movements of persons in the country. The Committee asks the Government to provide information on the following:

• (i) any regulations adopted to implement section 27 of the Employment Act 2006;
• (ii) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act;
• (iii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed;
• (iv) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; and
• (v) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. Rights arising out of past employment. The Committee recalls its previous comments in which it noted that migrants who were illegally employed or in an irregular situation were apparently arrested and deported. The Committee again asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment. Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.

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Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee recalls the provisions of section 37(1) and (2) of the Employment Act 2006 prohibiting the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes the Government’s statement that regulations to give effect to section 27 have not yet been developed. However, an Anti-Trafficking Law was enacted in 2009 and working groups have been set up in different ministries to enable the sharing of information, coordination and development of appropriate measures to prevent trafficking and clandestine movements of persons in the country. The Committee asks the Government to provide information on the following:

• (i) any regulations adopted to implement section 27 of the Employment Act 2006;
• (ii) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act;
• (iii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed;
• (iv) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; and
• (v) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. Rights arising out of past employment. The Committee recalls its previous comments in which it noted that migrants who were illegally employed or in an irregular situation were apparently arrested and deported. The Committee again asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment. Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee notes that section 37(1) of the Employment Act 2006 states that no person shall organize the illicit or clandestine movements of migrants for employment for the purposes of departing from, passing through or arriving in Uganda, or give assistance to any organization for that purpose. Section 37(2) prohibits any person employing a person whom he or she knows to be unlawfully in the country. Any person contravening these provisions commits any offence (section 37(3)). The Committee notes that section 96(1) imposes, in case of a contravention of the Act for which no specific penalty is provided, a fine going up to 48 currency points or/and imprisonment not exceeding two years. The Committee further notes from the above-mentioned workshop report that the problem of illegal employment of migrants is addressed by regular workplace inspections and that the Department of Immigration has requested workers’ organizations to share information on the illegal employment of migrant workers. The Committee recalls that the measures advocated in Part I of the Convention to combat clandestine movements of migrants are primarily targeted at the demand for clandestine labour rather than the supply. The objective of Article 6(1) of the Convention is therefore to define and apply sanctions against organizers of clandestine movements and against employers in cases of illegal employment, and not against irregular migrant workers themselves. The Committee asks the Government to provide information on the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act, as well as on any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed. Please also provide information on the number of workplace inspections carried out and any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. The Committee notes from the report of the National Tripartite Workshop on International Labour Standards and Article 22 Reporting, held in October 2008 in Kampala, that migrants who are illegally employed or in an irregular situation are arrested and deported. The Committee asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Articles 10 and 14(a). National equality policy and free choice of employment. The Committee notes that, pursuant to section 6(2) of the Employment Act 2006, all parties, including the minister, labour officers and the Industrial Court, have the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, with a view to eliminating discrimination. Section 6(3) of the Act prohibits discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee also notes that, pursuant to sections 6(5) and 97(2)(c) of the Act, the Minister can by regulations limit the range of jobs open to migrant workers. Recalling that, pursuant to Article 14(a), migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years, the Committee requests the Government to indicate any employment restrictions imposed on migrant workers, including copies of any regulations adopted by the Minister, pursuant to section 6(5) of the Employment Act. The Government is also requested to provide information on the measures taken, and the results achieved, by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals in accordance with section 6(2) and (3) of the Employment Act and with Article 10 of the Convention.

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The Committee notes with regret that the Government’s report, apart from a copy of the Employment Act of 2006 which was already examined by the Committee, once again fails to provide a reply to its previous comments. It hopes that a detailed report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee notes that section 37(1) of the Employment Act 2006 states that no person shall organize the illicit or clandestine movements of migrants for employment for the purposes of departing from, passing through or arriving in Uganda, or give assistance to any organization for that purpose. Section 37(2) prohibits any person employing a person whom he or she knows to be unlawfully in the country. Any person contravening these provisions commits any offence (section 37(3)). The Committee notes that section 96(1) imposes, in case of a contravention of the Act for which no specific penalty is provided, a fine going up to 48 currency points or/and imprisonment not exceeding two years. The Committee further notes from the above-mentioned workshop report that the problem of illegal employment of migrants is addressed by regular workplace inspections and that the Department of Immigration has requested workers’ organizations to share information on the illegal employment of migrant workers. The Committee recalls that the measures advocated in Part I of the Convention to combat clandestine movements of migrants are primarily targeted at the demand for clandestine labour rather than the supply. The objective of Article 6(1) of the Convention is therefore to define and apply sanctions against organizers of clandestine movements and against employers in cases of illegal employment, and not against irregular migrant workers themselves. The Committee asks the Government to provide information on the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act, as well as on any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed. Please also provide information on the number of workplace inspections carried out and any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. The Committee notes from the report of the National Tripartite Workshop on International Labour Standards and Article 22 Reporting, held in October 2008 in Kampala, that migrants who are illegally employed or in an irregular situation are arrested and deported. The Committee asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body, and
• (iii) that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Articles 10 and 14(a). National equality policy and free choice of employment. The Committee notes that, pursuant to section 6(2) of the Employment Act 2006, all parties, including the minister, labour officers and the Industrial Court, have the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, with a view to eliminating discrimination. Section 6(3) of the Act prohibits discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee also notes that, pursuant to sections 6(5) and 97(2)(c) of the Act, the Minister can by regulations limit the range of jobs open to migrant workers. Recalling that, pursuant to Article 14(a), migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years, the Committee requests the Government to indicate any employment restrictions imposed on migrant workers, including copies of any regulations adopted by the Minister, pursuant to section 6(5) of the Employment Act. The Government is also requested to provide information on the measures taken, and the results achieved, by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals in accordance with section 6(2) and (3) of the Employment Act and with Article 10 of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the new Employment Act 2006 contains provisions relevant to the application of the Convention. The Committee also notes the report of the National Tripartite Workshop on International Labour Standards and Article 22 Reporting, held in October 2008 in Kampala.

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee notes that section 37(1) of the Employment Act 2006 states that no person shall organize the illicit or clandestine movements of migrants for employment for the purposes of departing from, passing through or arriving in Uganda, or give assistance to any organization for that purpose. Section 37(2) prohibits any person employing a person whom he or she knows to be unlawfully in the country. Any person contravening these provisions commits any offence (section 37(3)). The Committee notes that section 96(1) imposes, in case of a contravention of the Act for which no specific penalty is provided, a fine going up to 48 currency points or/and imprisonment not exceeding two years. The Committee further notes from the above-mentioned workshop report that the problem of illegal employment of migrants is addressed by regular workplace inspections and that the Department of Immigration has requested workers’ organizations to share information on the illegal employment of migrant workers. The Committee recalls that the measures advocated in Part I of the Convention to combat clandestine movements of migrants are primarily targeted at the demand for clandestine labour rather than the supply. The objective of Article 6(1) of the Convention is therefore to define and apply sanctions against organizers of clandestine movements and against employers in cases of illegal employment, and not against irregular migrant workers themselves. The Committee asks the Government to provide information on the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act, as well as on any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed. Please also provide information on the number of workplace inspections carried out and any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. The Committee notes from the abovementioned workshop report that migrants who are illegally employed or in an irregular situation are arrested and deported. The Committee asks the Government to provide information on the measures taken to ensure that:

(i)    migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;

(ii)   the worker concerned shall have the possibility to present his or her case to a competent body, and

(iii)  that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Articles 10 and 14(a). National equality policy and free choice of employment. The Committee notes that, pursuant to section 6(2) of the Employment Act 2006, all parties, including the minister, labour officers and the Industrial Court, have the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, with a view to eliminating discrimination. Section 6(3) of the Act prohibits discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee also notes that, pursuant to sections 6(5) and 97(2)(c) of the Act, the Minister can by regulations limit the range of jobs open to migrant workers. Recalling that, pursuant to Article 14(a), migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years, the Committee requests the Government to indicate any employment restrictions imposed on migrant workers, including copies of any regulations adopted by the Minister, pursuant to section 6(5) of the Employment Act. The Government is also requested to provide information on the measures taken, and the results achieved, by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals in accordance with section 6(2) and (3) of the Employment Act and with Article 10 of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. The Committee also notes, however, that the new Employment Act 2006 contains provisions relevant to the application of the Convention. The Committee also notes the report of the National Tripartite Workshop on International Labour Standards and Article 22 Reporting, held in October 2008 in Kampala.

Articles 2, 3 and 6, paragraph 1, of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee notes that section 37(1) of the Employment Act 2006 states that no person shall organize the illicit or clandestine movements of migrants for employment for the purposes of departing from, passing through or arriving in Uganda, or give assistance to any organization for that purpose. Section 37(2) prohibits any person employing a person whom he or she knows to be unlawfully in the country. Any person contravening these provisions commits any offence (section 37(3)). The Committee notes that section 96(1) imposes, in case of a contravention of the Act for which no specific penalty is provided, a fine going up to 48 currency points or/and imprisonment not exceeding two years. The Committee further notes from the above-mentioned workshop report that the problem of illegal employment of migrants is addressed by regular workplace inspections and that the Department of Immigration has requested workers’ organizations to share information on the illegal employment of migrant workers. The Committee recalls that the measures advocated in Part I of the Convention to combat clandestine movements of migrants are primarily targeted at the demand for clandestine labour rather than the supply. The objective of Article 6(1) of the Convention is therefore to define and apply sanctions against organizers of clandestine movements and against employers in cases of illegal employment, and not against irregular migrant workers themselves. The Committee asks the Government to provide information on the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act, as well as on any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed. Please also provide information on the number of workplace inspections carried out and any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. The Committee notes from the abovementioned workshop report that migrants who are illegally employed or in an irregular situation are arrested and deported. The Committee asks the Government to provide information on the measures taken to ensure that:

(i)    migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;

(ii)   the worker concerned shall have the possibility to present his or her case to a competent body, and

(iii) that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Articles 10 and 14(a). National equality policy and free choice of employment. The Committee notes that, pursuant to section 6(2) of the Employment Act 2006, all parties, including the minister, labour officers and the Industrial Court, have the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, with a view to eliminating discrimination. Section 6(3) of the Act prohibits discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee also notes that, pursuant to sections 6(5) and 97(2)(c) of the Act, the Minister can by regulations limit the range of jobs open to migrant workers. Recalling that, pursuant to Article 14(a), migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years, the Committee requests the Government to indicate any employment restrictions imposed on migrant workers, including copies of any regulations adopted by the Minister, pursuant to section 6(5) of the Employment Act. The Government is also requested to provide information on the measures taken, and the results achieved, by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals in accordance with section 6(2) and (3) of the Employment Act and with Article 10 of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls its previous observation in which it expressed concern over the slow progress made with respect to the adoption of legislation that would include measures against clandestine migration movements and provide for equal treatment and opportunity between migrant workers and nationals. The Committee had expressed the hope that the revised legislation would also impose penal sanctions against the organizers of clandestine movements of migrants or against those who employ such workers, in accordance with Articles 3(b) and 6(1) of the Convention, and that it would ensure that migrant workers have free choice of employment in accordance with Articles 10 and 14(a) of the Convention. The Committee notes the Government’s statement that the new Employment Act, which is currently awaiting Presidential assent, will cover the concerns raised by the Committee, and that a copy of the text will be supplied to the Office. The Committee looks forward to receiving a copy of the new Employment Act and hopes that it will be able to note at its next session significant progress with respect to the matters raised above.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee recalls its previous observation in which it expressed concern over the slow progress made with respect to the adoption of legislation that would include measures against clandestine migration movements and provide for equal treatment and opportunity between migrant workers and nationals. The Committee had expressed the hope that the revised legislation would also impose penal sanctions against the organizers of clandestine movements of migrants or against those who employ such workers, in accordance with Articles 3(b) and 6(1) of the Convention, and that it would ensure that migrant workers have free choice of employment in accordance with Articles 10 and 14(a) of the Convention. The Committee notes the Government’s statement that the new Employment Act, which is currently awaiting Presidential assent, will cover the concerns raised by the Committee, and that a copy of the text will be supplied to the Office. The Committee looks forward to receiving a copy of the new Employment Act and hopes that it will be able to note at its next session significant progress with respect to the matters raised above.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee recalls its previous observation in which it expressed concern over the slow progress made with respect to the adoption of legislation that would include measures against clandestine migration movements and provide for equal treatment and opportunity between migrant workers and nationals. The Committee had expressed the hope that the revised legislation would also impose penal sanctions against the organizers of clandestine movements of migrants or against those who employ such workers, in accordance with Articles 3(b) and 6(1) of the Convention, and that it would ensure that migrant workers have free choice of employment in accordance with Articles 10 and 14(a) of the Convention. The Committee notes the Government’s statement that the new Employment Act, which is currently awaiting Presidential assent, will cover the concerns raised by the Committee, and that a copy of the text will be supplied to the Office. The Committee looks forward to receiving a copy of the new Employment Act and hopes that it will be able to note at its next session significant progress with respect to the matters raised above.

CMNT_TITLE

The Committee notes with regret that for the past ten years the Government’s report has not been received. The Committee recalls the Government’s repeated statements that revised labour legislation would include provisions that prohibit clandestine migration movements and provide for equal treatment and opportunity between migrant workers and nationals. The Committee had expressed the hope in this regard that the revised legislation would also impose penal sanctions against the organizers of clandestine movements of migrants or against those who employ such workers in accordance with Articles 3(b) and 6(1) of the Convention, and that it would ensure that migrant workers have free choice of employment in accordance with Article 14(a) of the Convention.

The Committee understands that the Government has not yet adopted the revised legislation. The Committee is concerned over the slow progress made with respect to the matters raised above. It urges the Government to take the necessary steps to give effect to Articles 3(b) and 6(1), 10 and 14(a) of the Convention, and hopes that the Government will be in a position to report positively on any results achieved in the near future. It reminds the Government that the Office remains available to provide technical assistance upon request to support the Government in its efforts to apply the Convention.

CMNT_TITLE

The Committee notes with regret that, for the fifth consecutive year, the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 3(b) and 6, paragraph 1, of the Convention. The Committee notes the Government’s indication to the effect that the draft legislative revision in progress proscribes illicit or clandestine movements of migrants. It hopes that the final revision of the Bill in question will prohibit the abovementioned movements of migrants, in accordance with the current provisions of the Convention, and that this prohibition will be accompanied by appropriate penal sanctions for the organizers of such movements or those who employ such workers. The Committee requests the Government to send it a copy of the relevant new legislation when adopted.

Articles 10 and 14(a). The Committee notes the Government’s statement to the effect that the present provisions of the Convention are satisfied explicitly in the draft legislative revision. It requests the Government to send a copy of this text when adopted.

CMNT_TITLE

The Committee notes with regret that for the fourth consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report in reply to previous comments.

Articles 3(b) and 6, paragraph 1, of the Convention. The Committee notes the Government’s indication to the effect that the draft legislative revision in progress proscribes illicit or clandestine movements of migrants. It hopes that the final revision of the Bill in question will prohibit the abovementioned movements of migrants, in accordance with the current provisions of the Convention, and that this prohibition will be accompanied by appropriate penal sanctions for the organizers of such movements or those who employ such workers. The Committee requests the Government to send it a copy of the relevant new legislation when adopted.

Articles 10 and 14(a). The Committee notes the Government’s statement to the effect that the present provisions of the Convention are satisfied explicitly in the draft legislative revision. It requests the Government to send a copy of this text when adopted.

CMNT_TITLE

The Committee notes once again with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report in reply to previous comments.

Articles 3(b) and 6, paragraph 1, of the Convention. The Committee notes the Government’s indication to the effect that the draft legislative revision in progress proscribes illicit or clandestine movements of migrants. It hopes that the final revision of the Bill in question will prohibit the abovementioned movements of migrants, in accordance with the current provisions of the Convention, and that this prohibition will be accompanied by appropriate penal sanctions for the organizers of such movements or those who employ such workers. The Committee requests the Government to send it a copy of the relevant new legislation when adopted.

Articles 10 and 14(a). The Committee notes the Government’s statement to the effect that the present provisions of the Convention are satisfied explicitly in the draft legislative revision. It requests the Government to send a copy of this text when adopted.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report in reply to previous comments.

Articles 3(b) and 6, paragraph 1, of the Convention. The Committee notes the Government’s indication to the effect that the draft legislative revision in progress proscribes illicit or clandestine movements of migrants. It hopes that the final revision of the Bill in question will prohibit the abovementioned movements of migrants, in accordance with the current provisions of the Convention, and that this prohibition will be accompanied by appropriate penal sanctions for the organizers of such movements or those who employ such workers. The Committee requests the Government to send it a copy of the relevant new legislation when adopted.

Articles 10 and 14(a). The Committee notes the Government’s statement to the effect that the present provisions of the Convention are satisfied explicitly in the draft legislative revision. It requests the Government to send a copy of this text when adopted.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government’s report in reply to previous comments.

Articles 3(b) and 6, paragraph 1, of the Convention.  The Committee notes the Government's indication to the effect that the draft legislative revision in progress proscribes illicit or clandestine movements of migrants. It hopes that the final revision of the Bill in question will prohibit the above-mentioned movements of migrants, in accordance with the current provisions of the Convention, and that this prohibition will be accompanied by appropriate penal sanctions for the organizers of such movements or those who employ such workers. The Committee requests the Government to send it a copy of the relevant new legislation when adopted.

Articles 10 and 14(a).  The Committee notes the Government's statement to the effect that the present provisions of the Convention are satisfied explicitly in the draft legislative revision. It requests the Government to send a copy of this text when adopted.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

With reference to its previous comments, the Committee noted the information supplied in the Government's previous report to the effect that the revision of labour legislation undertaken by the Labour Legislation Review Committee with the technical assistance of the ILO is in its final stage and that the comments of the Committee have all been considered and included. It therefore trusts that the necessary amendments will be adopted in the near future and will provide:

(a) in accordance with Article 3(b) and Article 6(1) of the Convention, that the recruitment and employment of migrant workers who have immigrated in illegal conditions shall be forbidden, and that such prohibition shall be enforced by appropriate penalties against the organizers of illicit or clandestine movements of migrants and against those who employ such workers;

(b) in conformity with Article 14(a), that migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years;

(c) in application of the policy of equal treatment and opportunity, as prescribed by Article 10, that the provisions of the new labour legislation shall be applicable to all migrant workers and members of their families lawfully residing in Uganda so as to avoid any restriction such as is provided by the present wording of section 5, subsection 4, of the Employment Decree, 1975, which is contrary to the Convention.

The Committee requests the Government to keep it informed of any progress made in the adoption of revised legislation to apply the Convention on these points.

CMNT_TITLE

The Committee notes the information contained in the Government's report in reply to previous comments.

Articles 3(b) and 6, paragraph 1, of the Convention. The Committee notes the Government's indication to the effect that the draft legislative revision in progress proscribes illicit or clandestine movements of migrants. It hopes that the final revision of the Bill in question will prohibit the above-mentioned movements of migrants, in accordance with the current provisions of the Convention, and that this prohibition will be accompanied by appropriate penal sanctions for the organizers of such movements or those who employ such workers. The Committee requests the Government to send it a copy of the relevant new legislation when adopted.

Articles 10 and 14(a). The Committee notes the Government's statement to the effect that the present provisions of the Convention are satisfied explicitly in the draft legislative revision. It requests the Government to send a copy of this text when adopted.

CMNT_TITLE

With reference to its previous comments, the Committee notes the information supplied by the Government in its report to the effect that the revision of labour legislation undertaken by the Labour Legislation Review Committee with the technical assistance of the ILO is in its final stage and that the comments of the Committee have all been considered and included. It therefore trusts that the necessary amendments will be adopted in the near future and will provide:

(a) in accordance with Article 3(b) and Article 6(1) of the Convention, that the recruitment and employment of migrant workers who have immigrated in illegal conditions shall be forbidden, and that such prohibition shall be enforced by appropriate penalties against the organisers of illicit or clandestine movements of migrants and against those who employ such workers;

(b) in conformity with Article 14(a), that migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years;

(c) in application of the policy of equal treatment and opportunity, as prescribed by Article 10, that the provisions of the new labour legislation shall be applicable to all migrant workers and members of their families lawfully residing in Uganda so as to avoid any restriction such as is provided by the present wording of section 5, subsection 4, of the Employment Decree, 1975, which is contrary to the Convention.

The Committee requests the Government to keep it informed of any progress made in the adoption of revised legislation to apply the Convention on these points.

CMNT_TITLE

With reference to its previous comments, the Committee notes the information supplied by the Government in its report to the effect that the revision of labour legislation undertaken by the Labour Legislation Review Committee with the technical assistance of the ILO, includes a review of provisions that would give effect to Articles of the Convention which have been the subject of the Committee's comments. The Committee therefore trusts that the necessary amendments will be adopted in the near future and will provide:

(a) in accordance with Article 3(b) and Article 6(1) of the Convention, that the recruitment and employment of migrant workers who have immigrated in illegal conditions shall be forbidden, and that such prohibition shall be enforced by appropriate penalties against the organisers of illicit or clandestine movements of migrants and against those who employ such workers;

(b) in conformity with Article 14(a), that migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years;

(c) in application of the policy of equal treatment and opportunity, as prescribed by Article 10, that the provisions of the new labour legislation shall be applicable to all migrant workers and members of their families lawfully residing in Uganda so as to avoid any restriction such as is provided by the present wording of section 5, subsection 4, of the Employment Decree, 1975, which is contrary to the Convention.

The Committee requests the Government to keep it informed of any progress made in the adoption of revised legislation to apply the Convention on these points.

CMNT_TITLE

Further to its previous comments, the Committee notes that the Government has set up a tripartite national Labour Legislation Review Committee charged with drawing up proposals for the review process and that it has also requested the ILO for technical assistance for the review of that legislation. The Committee hopes that a revised legislation will soon be adopted and that it will provide:

(a)in accordance with Article 3(b) and Article 6(1), of the Convention that the recruitment and employment of migrant workers who have immigrated in illegal conditions shall be forbidden and that such prohibition shall be enforced by appropriate penalties against the organisers of illicit or clandestine movements of migrants and against those who employ such workers;

(b)in conformity with Article 14(a), that migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years;

(c)in application of the policy of equal treatment and opportunity, as prescribed by Article 10, that the provisions of the new labour legislation shall be applicable to all migrant workers and members of their families lawfully residing in Uganda so as to avoid any restriction such as it is foreseen by the present wording of section 5, subsection 4, of the Employment Decree, 1975, which is contrary to the Convention.

The Committee requests the Government to indicate any progress made in the adoption of a revised legislation in the meaning of the Convention.