Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Uganda (Ratification: 1967)

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

Article 2(1) of the Convention. Medical examination prior to work underground and periodic re-examinations of persons under 21 years of age. In its previous comments, the Committee noted that, according to section 13 of the Employment (Employment of Children) Regulations No. 17 of 2012, a child under 18 years of age shall undergo a medical examination before engaging in any job, and the medical examination shall be repeated every six months following employment. Moreover, a child who undergoes an initial medical examination shall receive a medical certificate certifying him or her as medically fit, the model of which is represented in the fourth schedule of the regulations. However, the Committee recalled that, by virtue of Article 2(1) of the Convention, a thorough medical examination, and periodic re-examinations at intervals of not more than one year, for fitness for employment shall be required for the employment or work underground in mines of persons under 21 years of age.

The Committee notes that according to sections 33 and 97 of the Employment Act of 2006, the Minister may by regulations require persons over the age of 18 years seeking employment involving exposure to hazards specified by regulations to undergo medical examination before being engaged by an employer and at regular intervals thereafter. The Committee requests the Government to indicate whether any regulations concerning the medical examination of persons over 18 years of age seeking employment or work underground in mines, have been issued pursuant to sections 33 and 97 of the Employment Act.

Article 3(2). Mandatory X-ray examination of the lungs during initial medical examination. The Committee previously drew the Government’s attention to the need to legislate that, in accordance with Article 3(2) of the Convention, an X-ray film of the lungs shall be required on the occasion of the initial medical examination and, when regarded as medically necessary, on the occasion of subsequent re-examinations of persons under 21 years of age and that, in accordance with Article 4(4), the records containing suitable information, in respect of persons under 21 years of age, shall be kept and made available to inspectors and to the workers’ representatives, at their request. Considering that the Committee has been underlining this issue for a number of years, the Committee strongly urges the Government to take the necessary measures to ensure that the national legislation meets the requirements of the abovementioned provisions of the Convention. It requests the Government to provide information on the progress made in this regard.