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

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

The Committee had requested the Government to provide detailed comments on the allegations of anti-union discrimination practices, in 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. In the absence of a reply in the report from the Government, the Committee reiterates its previous request.

Article 4 of the Convention. Promotion of collective bargaining. In its previous comments, the Committee had noted that under section 7 of the Labour Unions Act No. 7 of 2006 (LUA), trade union federations do not have the right to engage in collective bargaining. The Committee had recalled that the right to collective bargaining should also be granted to federations and confederations of trade unions and had therefore requested the Government to amend section 7 of the LUA. The Committee notes the Government’s indication that it has initiated the process to review the LUA and that the social partners have been requested to submit their comments on areas that require review, including section 7. The Committee requests the Government to take the necessary measures to ensure that the revised legislation will recognize the right of trade union federations and confederations to engage in collective bargaining.

Compulsory arbitration. The Committee had previously noted that sections 5(1) and (3), and 27 of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) establish the referral of non-resolved disputes to compulsory arbitration by or at the request of any party, and had recalled 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 (Article 6 of the Convention), 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 had further noted the Government’s indication that consultations with the social partners were ongoing with respect to amendments to these provisions, and had therefore expressed the hope that the Government would take the necessary steps to amend these provisions so as to ensure that arbitration in situations other than those mentioned can take place only at the request of both parties involved in the dispute. The Committee notes the Government’s indication that under section 6 of the LDASA where there are any arrangements by conciliation or arbitration in a trade or industry between the parties, the Labour Officer shall not refer the matter to the Industrial Court but shall ensure that the parties follow the procedures for settling the dispute laid out in the conciliation or arbitration agreement, which apply to the dispute. The Committee observes that the imposition of arbitration with compulsory effects, either directly under the law, or by administrative decision or at the initiative of one of the parties, in cases where the parties have not reached agreement, or following a certain number of days of a strike, is one of the most radical forms of intervention by the authorities in collective bargaining. In these circumstances, the Committee expects that the Government will, in full consultation with the social partners, take all the necessary measures to amend sections 5(1) and (3), and 27 of the LDASA, 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. The Committee requests the Government to provide information on any developments in this regard.

Articles 4 and 6. Promotion of collective bargaining for public servants not engaged in the administration of the State. The Committee had previously 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. The Committee welcomes the Government’s indication that on 22 June 2018, the Council, which is composed of ten Public Service Labour Unions, concluded a collective bargaining discussion for salary increase for the period of five years, starting from the financial year of 2018–19. The Government further states that the agreement is in the signing process. The Committee requests the Government to provide information on the outcome of this negotiation.