Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Uganda (Ratification: 2005)

The Committee recalls that, in reply to the International Trade Union Confederation’s observations of 2012 and 2013 relating to allegations of restrictions to freedom of assembly imposed by the Public Order Management Act 2013, the Government had indicated that the Act was applied so as to ensure that public gatherings take place in harmony and peace. The Committee had noted that the Act provides that organizers of public meetings, who fail to comply with its requirements (including time frames for giving notice of the meetings and time limits during which public meetings can take place), commit an act of disobedience of statutory duty which is punishable under the Penal Code with imprisonment, and had requested the Government to discuss with the social partners the application and impact of the Public Order Management Act and to provide information on the outcome of the discussions. The Committee notes the Government’s statement that it will implement the Committee’s recommendation with urgency. Consistent with this statement, the Committee expects the Government will soon be in a position to provide information on developments in this regard.

Articles 2 and 3 of the Convention. Legislative matters. In its previous comments, the Committee had requested the Government to take measures to amend or repeal the following provisions of the Labour Unions Act of 2006 (LUA):

• -Section 18 (process of registration of a labour union shall be completed within 90 days from the date of application). The Committee had recalled that registration procedures that are overly lengthy may constitute serious obstacles to the establishment of organizations, and had requested the Government to take the necessary measures to amend section 18 of the LUA so as to shorten the time frame for registration of a trade union.
• -Section 23(1) (interdiction or suspension of union officers by the Registrar). The Committee had recalled that: (i) any removal or suspension of trade union officers, which is not the result of an internal decision of the trade union, a vote by members, or normal judicial proceedings, seriously interferes with the right of trade unions to elect their representatives in full freedom, enshrined in Article 3 of the Convention; (ii) provisions which permit the suspension and removal of trade union officers by the administrative authorities are incompatible with the Convention; and (iii) only the conviction on account of offences, the nature of which is such as to prejudice the aptitude and integrity required to exercise trade union office may constitute grounds for disqualification from holding such office. The Committee had requested the Government to take steps to amend section 23(1) of the LUA so as to ensure that the Registrar may only remove or suspend trade union officers after conclusion of the judicial proceedings and only for reasons in line with the principle cited above.
• -Section 31(1) (eligibility condition of being employed in the relevant occupation). The Committee had noted the Government’s indication of its intention to contact the trade unions so that they could express their views on this issue, and had requested it to take the necessary measures to amend section 31(1) of the LUA in conjunction with such consultations so as to introduce flexibility either by admitting as candidates for union office persons who have previously been employed in that occupation, or by exempting from that requirement a reasonable proportion of the officers of an organization.
• -Section 33 (excessive regulation by the Registrar of an organization’s annual general meeting; contravention subject to sanction under section 23(1)). The Committee had requested the Government to provide information regarding the steps taken to repeal section 33 to guarantee the right of organizations to organize their administration.

The Committee welcomes the Government’s indication that it has initiated the process to review the LUA and that the Committee’s recommendations will be taken into consideration. The Committee requests the Government to provide information on any developments in this regard.

In its previous comments, the Committee had also requested the Government to take the necessary measures to amend section 29(2) of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) so as to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved. The Committee notes the Government’s indication that an amendment bill 2019 to the LDASA is before Parliament for discussion. Trusting that section 29(2) of the LDASA will be amended to ensure that the responsibility for declaring a strike illegal does not lie with the Government, but with an independent body that has the confidence of the parties involved, the Committee requests the Government to provide information on any developments in this regard.

Finally, concerning Schedule 2 of the LDASA (list of essential services), the Committee had noted the Government’s indication that the harmonization of the list of essential services in the LDASA with that in the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) was going to be undertaken by the new Labour Advisory Board, which was appointed in October 2015, and had therefore requested the Government to provide information on this matter. The Committee notes the Government’s indication that an amendment bill 2019 to the LDASA is before Parliament for discussion. Trusting that the harmonization of the list of essential services will be part of the new legislation, the Committee requests the Government to provide information on any further developments in this regard.