Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Uganda (Ratification: 2005)

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:

Repetition

Article 1(1)(a) and (b), of the Convention. Prohibition of discrimination. The Committee notes that section 6 of the Employment Act addresses discrimination in employment. Section 6(2) of the Act prohibits such discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention, and the additional grounds of HIV status and disability. However, it is unclear whether section 6(3) covers indirect discrimination (i.e. discrimination that occurs when the same treatment is extended to everyone but such treatment has a disproportionately negative impact on specific groups or individual protected by the Convention, and there is no objective and reasonable justification). Further, the Committee notes that section 12(1) of the Persons with Disabilities Act provides that a qualified person shall not be discriminated against on the ground of disability in regard to any job-application procedures, hiring, promotion, employee compensation, job training and other terms, conditions and privileges of employment. The Committee requests the Government to provide information on the implementation of the above non discrimination provisions, including information on any relevant cases brought to the attention of the competent authorities, and the final decisions handed down. Recalling that the Convention requires the adoption of measures to address both direct and indirect forms of discrimination, the Committee requests the Government to indicate how protection from indirect discrimination is ensured.

As regards the Convention’s application in practice, the Committee notes the Government’s indication that certain discriminatory practices exist in the private sector, where sometimes private companies’ managers are paid “on racial grounds” and employees are discriminated against on the basis of their disability. The Government also refers to administrative practices concerning recruitment in the service sector which are discriminatory in respect of religion and to some cases of discrimination on the basis of political affiliation. The Committee notes the Government’s statement that, in order to assess the practical situation in the country, more research is needed. The Committee also notes that, in the view of workers’ organizations, as reflected in the Government’s report, discriminatory practices exist in the country, although documented evidence is lacking. Welcoming the attention paid to discrimination that exists in practice, the Committee encourages the Government, in cooperation with the workers’ and employer’ organizations, to further study and document discriminatory practices in employment and occupation and to provide such information in its next report, as well as information on the measures taken to address the discriminatory practices identified and the progress made in this regard.

Sexual harassment. The Committee notes that the definition of “sexual harassment” provided for in section 7 of the Employment Act does not cover harassment by co-workers. It notes that section 7(2) contemplates the possibility of victims lodging a complaint with a labour officer and that section 7(4) calls upon every employer with more than 25 employees to put in place measures to prevent sexual harassment at the workplace. Recalling its 2002 general observation on the issue, the Committee requests the Government to clarify whether section 7 of the Employment Act covers sexual harassment by co workers. More generally, please provide information on the implementation of section 7, including information on the nature and number of cases of sexual harassment brought to the attention of labour officers, the sanctions imposed and the remedies provided, as well as on the progress made in the adoption and implementation of workplace measures as provided for in section 7(4).

Article 1(3). Equality in respect of all stages of the employment process. The Committee recalls that the Convention requires measures to promote and ensure equality of opportunity and treatment in respect of all stages and aspects of the employment process. The Committee requests the Government to clarify whether section 6 of the Employment Act prohibits discrimination in respect of recruitment and selection.

Access to particular occupations. The Committee notes that the majority of Uganda’s population is engaged in agriculture and that, according to the statistical information provided by the Government under the Equal Remuneration Convention, 1951 (No. 100), approximately 79 per cent of women and 61 per cent of men work in this sector. The Committee notes that significant gender inequities, however, exist in respect of ownership and control of land as a result of discriminatory traditions and customs which can affect women’s capacity to engage in economic activities (Study on “Key Gender, Poverty and Employment Dimensions of Agricultural and Rural Development in Uganda: A case study of Bushenyi and Mpigi Districts”, page 7). The Committee also notes that difficulties regarding access to traditional occupations are reportedly faced by some hunter-gatherers’ and pastoralists’ communities as a consequence of the loss of access to their traditional lands (Report of the African Commission’s Working Group on Indigenous Populations – Communities in Africa, 2003, page 16 ff.). The Committee notes that, in its report to the African Commission, the Government refers to a Land Bill (page 19) and a draft National Land Policy which could represent useful tools to address the current inequities. Recalling that under the Convention equality of opportunity and treatment must be promoted and ensured not only in respect of employment but also with regard to access to particular occupations, the Committee requests the Government to indicate the measures taken or envisaged to eliminate directly or indirectly discriminatory practices in the access to occupation affecting, inter alia, women and hunter-gatherers’ and pastoralists’ communities. Noting that a Land Bill and a draft National Land Policy are currently under consideration, the Committee expresses the hope that the Government will take this opportunity to address the situation of these disadvantaged groups.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. The Committee notes that, pursuant to section 6(1) of the Employment Act, all parties, including the Minister, labour officers and the Industrial Court, have a duty to promote equality of opportunity in employment with a view to eliminating discrimination. The same principle is established in section 6(2) in respect of migrant workers and members of their families who are lawfully within Ugandan territory. A number of policies exist which aim to promote equality of opportunity and treatment in general. In particular, the Committee notes that the 2006 National Equal Opportunities Policy promotes equality of opportunities for all persons irrespective of gender, age, physical ability, health status or geographical location in all spheres of social, economic, political and civil life. The Uganda Gender Policy and the National Policy on HIV/AIDS and the World of Work were adopted in 2007. The Committee also notes that a draft National Employment Policy is being finalized. The Committee requests the Government to provide information on the measures taken by the authorities concerned to promote equality of opportunity in accordance with sections 6(1) and (2) of the Employment Act; and the measures taken under the policies referred to above to eliminate discrimination and promote equality of opportunities and treatment in employment and occupation and on their impact.

The Committee notes that, pursuant to section 14(2) of the Equal Opportunities Commission Act, the Equal Opportunities Commission is empowered to examine any law, draft law, policy, culture, tradition, usage, custom or plan which is likely to have the effect of nullifying or impairing equal opportunities of persons in employment. According to paragraph 3 of the same section, the Commission “may rectify, settle or remedy any act, omission, circumstance, practice, tradition, culture, usage or custom that is found to constitute discrimination, marginalization or which otherwise undermines equal opportunities through mediation, conciliation, negotiation, settlement or other dispute resolution mechanism”. The Committee requests the Government to indicate the steps taken in practice by the Equal Opportunities Commission with a view to repealing any provisions or modifying any discriminatory practice, tradition or custom contrary to the Convention, including as regards customs and traditions affecting equality of opportunity and treatment of men and women.

Article 3(a). Cooperation with the social partners. The Committee notes that the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act, is comprised of public officers and representatives of employers and workers. The Committee requests the Government to indicate whether any initiatives have been taken by the Labour Advisory Board with a view to fostering the acceptance and the observance of the principle of equality of opportunity and treatment in employment and occupation.

Article 3(b). Measures to foster acceptance and observance of the principle of the Convention. The Committee notes that, under article 52 of the Constitution, the Human Rights Commission is charged with establishing a continuing programme of research, education and information to enhance respect of human rights. The Committee also notes that section 14(2) of the Equal Opportunities Commission Act of 2007 enables the Equal Opportunities Commission to develop, conduct and manage information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee requests the Government to provide information on the educational programmes and awareness-raising initiatives carried out by the Human Rights Commission and the Equal Opportunities Commission which are relevant to the application and promotion of the principle of the Convention. The Committee also requests the Government to indicate whether specific training on equality of opportunity and treatment in employment and occupation is being offered to judges, labour inspectors and other public officials who have to deal these matters, as well as workers’ and employers’ representatives.

Article 3(d). Public sector. The Committee notes the Government’s indication that employment under the direct control of a national authority is governed by the Public Service Standing Orders and the Public Service Commission Act and Regulations. The Committee requests the Government to supply a copy of these orders and regulations.

Article 3(e). Vocational guidance and training. The Committee notes the Business Technical Vocational Education and Training Programme (BTVET) for vocational skills and development. The Committee also notes the Government’s indication that the mandate of the Equal Opportunities Commission covers vocational training and occupational guidance. The Committee further notes the Government’s reference to a draft deployment policy for the public sector. The Committee requests the Government to provide information on the following:

• (i) the manner in which the principle of equality of opportunity and treatment is reflected in the BTVET;
• (ii) the measures taken by the Equal Opportunities Commission to promote equal opportunities in respect of access to vocational training; and
• (iii) the extent to which the principle of the Convention is reflected in the draft employment policy.

Part III of the report form. The Committee notes that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, the Ministry of Education and Sports, the local governments, the Human Rights Commission, the Industrial Court and the Equal Opportunities Commission. The Committee also notes that article 52 of the Constitution enumerates, among the functions of the Human Rights Commission, the monitoring of the Government’s compliance with international obligations on human rights and it lays down that the Commission shall publish periodic reports on its findings. The Committee also notes the comments of the workers’ organizations indicating that the Industrial Courts and the Equal Opportunities Commission are not operational. The Committee requests the Government to provide information on the functioning and activities of the Human Rights Commission, the Equal Opportunities Commission and the Industrial Court in so far as they concern the application of the Convention, including information on any complaints received, and decisions issued and remedies provided.

Parts IV and V of the report form. The Committee requests the Government to provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the private and public sectors, disaggregated, as far as possible, by colour and national extraction. Please also provide any other information, including studies and official reports, which could help the Committee to gain a general appreciation of the application of the Convention in practice.