Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uganda (Ratification: 1963)

The Committee notes the Government’s general reply to the observations made by the International Trade Union Confederation and the National Organization of Trade Unions of Uganda in 2014 and 2012 respectively. The Committee requests the Government to provide its detailed comments on the alleged anti-union discrimination practices.

Article 4 of the Convention. Promotion of collective bargaining. The Committee recalls its previous comments on the following provisions of the 2006 Labour Unions Act (LUA) and the Labour Disputes (Arbitration and Settlement) Act (LDASA):

• -Section 7 of the LUA (lawful purposes for which trade union federations may be established, do not include collective bargaining). The Committee notes that the Government confirms that under the LUA, trade union federations do not have the right to engage in collective bargaining. Recalling that the right to collective bargaining should also be granted to federations and confederations of trade unions, the Committee requests the Government to take the necessary measures to amend section 7 of the LUA so as to guarantee that trade union federations have the right to engage in collective bargaining. It requests the Government to inform it of all developments in this regard.
• -Sections 5(1) and (3) and 27 of the LDASA (referral of non-resolved disputes to compulsory arbitration by or at the request of any party). In its previous comments the Committee had requested the Government to take steps to amend these provisions so as to ensure that compulsory arbitration may only be imposed in the case of disputes in the public service involving public servants engaged in the administration of the State, or in essential services in the strict sense of the term (namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or in the case of acute national crisis. The Committee recalled in this regard that, with the exception of the above-mentioned cases, arbitration imposed by legislation, or at the request of only one of the parties involved in the dispute is contrary to the obligation to promote the full development and utilization of machinery for voluntary negotiation as enshrined in Article 4 of the Convention. The Committee notes the Government’s indication that consultations with the social partners are ongoing with respect to amendments to these sections. The Committee hopes that in consultation with the social partners, the Government will take the necessary steps to amend these provisions so as to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute. It requests the Government to inform it of any developments in this matter.

Articles 4 and 6. Promotion of collective bargaining for public servants not engaged in the administration of the State. In its previous comments, the Committee requested the Government to ensure the effective application in practice of the collective bargaining rights accorded by the 2008 Public Service Act (Negotiating, Consultative and Disputes Settlement Machinery) in the public service at least with respect to all public servants and public employees not engaged in the administration of the State. It also requested the Government to supply a copy of the guidelines which were being formulated to assist ministries and local governments to form structures for collective bargaining at their level as well as to provide information on the number of collective agreements concluded in the public service, and the number of workers covered. The Committee notes that the Government acknowledges that the Public Service Negotiating and Consultative Council, established by the 2008 Public Service Act to facilitate consultations, dialogue, and negotiations between the Government and public service labour unions, has functioned poorly. It also indicates that it will communicate to the relevant Ministry the need to improve it. The Committee once again requests the Government to ensure the effective application in practice of the collective bargaining rights accorded by law in the public service at least with respect to all public servants and public employees not engaged in the administration of the State. It also requests the Government to: (i) supply a copy of the guidelines issued in this respect and to inform it of the measures taken to improve the functioning of the Public Service Negotiating and Consultative Council; and (ii) provide information on the number of collective agreements concluded and in force in the public service, and the number of workers covered.