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

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 the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination against women, including with respect to access to resources. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the existence of sex-based discriminatory provisions in the national legislation, including in the Succession Act, the Divorce Act and the Marriage Code. The CESCR also expressed concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which prevents women from owning land and deepens occupational sex segregation and the concentration of women in low-paid sectors (E/C.12/UGA/CO/1, 8 July 2015, paragraph 18). The Committee further notes that the Equal Opportunities Commission (EOC), in its Annual Report for 2015–16, acknowledges that, despite the significant efforts made by the Government and other stakeholders towards the improvement of the status of women and the promotion of gender equality, “most of the women in Uganda still face a wide range of challenges, including discrimination, low social status, lack of economic self-sufficiency, high illiteracy levels and greater risk of HIV/AIDS infection”. According to this report, “gender discrimination means that women must submit to an overall lower social status [and,] for many women, this reduces their power to act independently, become educated, avoid poverty or develop self-reliance for social and economic shocks. Women continue to face constraints related to, among others, limited access to control over and ownership of productive resources such as land, credit and businesses, in addition to limited employment opportunities in industries that require sophisticated skills, and this limits their income-generating potential.” The Committee notes that the EOC recommends the adoption of a framework for coordinated interventions by all actors through a national policy to eliminate gender inequalities and encourage the empowerment of women. The Committee also recalls the adoption of the National Land Policy of 2013, which requires the Government to enact legislation ensuring that women are guaranteed access to land. The Committee asks the Government to take appropriate steps to eliminate discrimination against women, including steps to combat the deep-rooted stereotypes and prejudice regarding their aspirations and capabilities. The Committee also asks the Government to adopt measures to ensure that women have equal access to resources such as land, and trusts that the Government will soon be in a position to report progress on the repeal of the legislative provisions discriminating against women.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government refers to the Code of Conduct and Ethics in the Public Service (adopted in 2005), which defines and prohibits sexual harassment in the workplace. With respect to the private sector the Government indicates that, under the Inspection Check List, it is a requirement for all workplaces to have a Sexual Harassment Policy and Committee and that, during labour inspections, it is the practice to distribute the Employment (Sexual Harassment) Regulations, 2012, and to carry out awareness-raising activities. The Committee recalls that section 7 of the Employment Act, 2006: (i) defines sexual harassment in employment by the employer or his/her representative; (ii) provides for the right of the employee to lodge a complaint with a labour officer; and (iii) requires an employer with more than 25 employees to adopt measures to prevent sexual harassment at the workplace. It further recalls that section 3 of the Employment (Sexual Harassment) Regulations, 2012, defines the content of the written policy against sexual harassment that has to be adopted by such an employer. The Committee asks the Government to step up its efforts to prevent and address sexual harassment in employment and occupation in both the public and the private sectors, including through awareness-raising campaigns, and to provide examples of measures, policies and committees put in place by employers with more than 25 employees. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition to “intimidation” towards “colleagues”, the Committee once again asks the Government to clarify whether a complaint can be made under the Regulations of sexual harassment by co-workers, and the procedure that would be followed. The Committee also asks the Government to provide information on the implementation of the Code of Conduct and Ethics in the Public Service, including the sanctions applied, and on the results of inspections carried out specifically regarding sexual harassment.

Ethnic minorities. The Committee notes from the EOC Annual Report that, according to the Uganda National Housing and Population Census 2014, conducted by the Uganda Bureau of Statistics, there are 75 ethnic groups in the country that make a total population of 34,142,417 (male: 16,595,014; female: 17,547,403); 25 of these groups are small, with fewer than 47,700 members each, and represent collectively 1.4 per cent of the total population. The Committee recalls that the National Land Policy of 2013 requires the enactment of legislation ensuring that pastoralist communities are guaranteed access to land. The Committee further recalls that, in order to address non-wage work covered by the Convention, including traditional activities, ensuring access to the material goods and services required to carry out an occupation, such as land, credit and resources, should be part of the objectives of a national policy on equality in respect of employment and occupation. In this regard, the Committee notes that, in its concluding observations, the CESC also expressed concern that many indigenous peoples, including the Benet, Batwa and Pastoralist communities, are denied access to their ancestral lands and are prevented from preserving their traditional way of living (paragraph 13). The Committee asks the Government to take the relevant legislative or administrative measures to implement the National Land Policy of 2013 in order to address in practice access to the necessary resources for hunter–gatherer and pastoralist communities, and particularly land, that are required to carry out their occupations. In addition, the Committee asks the Government to provide information on any steps taken to ensure equal opportunities and treatment for ethnic minorities in employment and occupation, including awareness-raising measures and measures to address stereotypes.

Article 1(1)(b). Persons with disabilities. The Committee recalls the National Policy on Disability (2006) and the Employment Act, 2006, under which discrimination on the basis of disability is unlawful. The Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the few opportunities open for employment for persons with disabilities, in particular young men and women with disabilities, as well as the dismissal of persons who acquire an impairment in the course of their employment. The CRPD is also concerned at the lack of provisions to ensure that persons with disabilities receive equal pay for work of equal value (CRPD/C/UGA/CO/1, 12 May 2016, paragraph 52). With reference to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee asks the Government to provide information on the steps taken to combat discrimination based on disability and to promote equal opportunities and treatment for persons with disabilities in employment and occupation under the National Policy on Disability, or otherwise.

Real or perceived HIV status. With respect to measures addressing discrimination on the basis of real or perceived HIV status, the Committee welcomes the Government’s indications in March 2016 that draft Employment (HIV/AIDS) Regulations were prepared and submitted to the Solicitor General for legal input. The Committee asks the Government to provide information on the content and status of the draft Employment (HIV/AIDS) Regulations, in particular with respect to the provisions protecting workers against discrimination based on HIV/AIDS. Recalling the HIV and AIDS Recommendation, 2010 (No. 200), the Committee also invites the Government to implement awareness-raising measures at the national and local levels or at the level of the workplace to prevent discrimination and stigma in employment and occupation against persons living with HIV or AIDS.

Articles 2 and 3. Promotion of equality and non-discrimination. Equality policy. The Committee notes that the Government merely indicates that it has designed the public service application form in such a way that it excludes all forms of discrimination since it only calls for individual biodata and the relevant qualifications of the applicant. The Committee recalls that the Convention requires ratifying States to declare and pursue a national equality policy, leaving flexibility regarding the adoption of the most appropriate policy. However, the objectives to be pursued cannot be compromised. Therefore, the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. In addition, the equality policy must be adjusted periodically to take into account newly emerging forms of discrimination for which solutions must be found (see General Survey on the fundamental Conventions, 2012, paragraphs 734–735 and 841–849). Recalling that under section 6(3) of the Employment Act, 2006, discrimination based on race, colour … religion, political opinion, national extraction, social origin, HIV status or disability is unlawful, the Committee asks the Government to take all the necessary measures to formulate and implement a national equality policy designed to address discrimination on the basis of all the grounds covered by the Convention and the additional grounds under the Employment Act, 2006, and to promote equality among workers, employers and their respective organizations, and the public in general.

Gender equality policy. The Committee notes that the Employment Policy of 2011 provides for: the promotion of equality of opportunity for men and women in order to address disparities in access to employment and working conditions; and the implementation of the provisions contained in the Gender Policy of 2007 on education and training, recruitment and promotion in employment for both women and men in all sectors. The Committee asks the Government to provide information on the specific steps taken, including under the Employment Policy of 2011 and the Gender Policy of 2007, to eliminate discrimination and promote equality of opportunities for men and women in employment and occupation, and on the impact of such measures.

Equality bodies. The Equal Opportunities Commission (EOC). The Committee notes from the Report of the EOC for 2015–16 that it carried out the following activities: the registration of 320 complaints regarding inequality, of which 52 were in relation to employment; the assessment of 135 Ministerial Policy statements; the development and dissemination of materials to improve understanding of equal opportunities for all and to promote affirmative action to redress imbalances; the organization of a regional awareness-raising workshop for civil society organizations, traditional leaders and religious leaders; the official launching of a toll-free helpline; and the conducting of several awareness campaigns on equal opportunities, discrimination, affirmative action and the general mandate of the EOC. Welcoming this information, the Committee asks the Government to provide specific information on the steps taken to ensure that the EOC continues to carry out its mandate with respect to equal opportunities in employment and occupation, both in terms of staffing and funding. The Committee also asks the Government to provide information on any follow-up to the general recommendations of the EOC contained in its report, such as improving statistical information related to equal opportunities, marginalization and discrimination, building knowledge about the needs and rights of marginalized groups, mainstreaming the concerns of gender and equity in plans and budgets, and educating the population on the rights and dignity of all persons, and specifically on the rights of vulnerable and marginalized groups.

Article 2. Promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee notes however, from the Uganda’s National Report on the Implementation of the Beijing Declaration and Platform for Action (June 2019) (Beijing+25 country report), that the national priorities set for the period 2020-2025, in accordance with the National Development Plan III (2020/21-2024/25), include: (1) women’s economic empowerment (including women’s entrepreneurship and women’s enterprises; right to work and right at work; unpaid care and domestic work; and digital and financial inclusion of women); (2) women’s and girls’ education and skills training (including life-long learning and vocational training and participation in science, technology, engineering and mathematics (STEM)); (3) ending gender-based violence and promoting women’s rights (including equality and non-discrimination under the law and access to justice); and (4) promotion of a supportive environment for women’s empowerment (including gender responsive budgeting and gender statistics). It also notes the information contained in the Government Beijing+25 report regarding: (1) the Public Service Commission flexible and disability-friendly procedures to assist persons with disabilities to participate in job interviews and its affirmative action for recruitment of persons with disabilities in public sector institutions; and (2) the National Action Plan on Women, Gender Equality and HIV/AIDS 2016/17-2020/21.

Furthermore, the Committee notes the information contained in the 7th annual report (2019/2020) of the Equal Opportunities Commission (EOC) which states that it conducted awareness-raising programmes and training sessions, media engagements, public and community dialogues, and production and use of information, education and communication materials. The Committee also notes its recommendations, in particular those relating to: (1) the need for the judiciary “to develop a comprehensive pre- and in-service judicial training programme on human, gender and persons with disabilities”; (2) the establishment and implementation of gender-sensitive agricultural credit facilities that address the different needs of both female and male farmers in the rural areas; and (3) the adoption by Parliament of the National Legal Aid Bill, 2019 in order to enable government justice institutions improve access to justice among the marginalized groups.

Based on the information contained in both the Beijing+25 country report and the latest report of the EOC, the Committee asks the Government to reply in full to the issues raised and comments made by the Committee in its previous direct request and to provide information on the implementation of: (i) the national priorities set for the period 2020-2025 in the National Development Plan III which relate to equality and non-discrimination in employment and occupation; (ii) the National Action Plan on Women, Gender Equality and the National Policy on HIV/AIDS in the World of Work (2016/17-2020/21); and (iii) the recommendations of the EOC; and the results achieved in all these domains.