Minimum Age Convention, 1973 (No. 138) - Uganda (Ratification: 2003)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 2(1) and (2) of the Convention. Raising the minimum age for admission to employment or work. The Committee observes that, at the time of ratification of the Convention, Uganda declared 14 years as the minimum age for admission to employment or work. It observes, however, that section 8(2) of the Children (Amendment) Act of 2016, which amends the Children Act, Chapter 59, 1997, sets the minimum age of employment at 16 years of age.

The Committee brings the Government’s attention to Article 2(2) of the Convention, according to which a Member State that has ratified the Convention may subsequently notify the Director-General of the ILO, by declaration, that it specifies a minimum age higher than previously specified. The Committee therefore requests the Government to consider the possibility of notifying the ILO Director-General, with a new declaration, that the minimum age specified at the time of ratification of the Convention has been raised to 16 years.

Articles 3(3) and 6. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee once again notes that section 8 of the Employment (Employment of Children) Regulations, 2012, provides that the engagement of a child aged between 12 and 17 years of age in educational training or apprenticeship programmes which are on the list of hazardous work, shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee notes that the Government once again indicates that it is developing a Labour Inspectors Guide to ensure that children below 16 years of age are not permitted to undertake education training or apprenticeships in jobs which are on the list of hazardous work under the first schedule of the Employment (Employment of Children) Regulations, 2012.

The Committee once again recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to provide a copy of the Labour Inspectors Guide it refers to, according to which children under the age of 16 are not permitted to undertake hazardous vocational training or apprenticeships. It once again requests that the Government provide information on the manner in which the application of this Guide ensures that children under 16 years of age are not permitted to undertake educational training and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do undertake such educational training or apprenticeships do so under the safeguards laid out in Article 3(3) of the Convention.

[The Government is asked to reply in full to the present comments in 2024 .]

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. Following its previous comments, the Committee takes note of the Government’s information, in its report, on the measures taken to combat child labour in the country. In particular, the Committee notes that the National Steering Committee on Child Labour (NSCCL) was established in 2021, which meets every quarter and is purposed to advise on, and monitor, issues related to child labour. The Government also indicates that the National Action Plan on the elimination of child labour 2020/21 – 2024/25 (NAP II) has been adopted and is being implemented. Aligned with the National Development Plan (NDPIII), NAP II aims to create an enabling environment for the prevention, protection, rehabilitation and reduction of the risk of children removed from work being pushed or pulled back into child labour. According to the Government, the NAP II prioritizes the review of national child labour policy to increase access to social protection, education, skills development and social services for children or households and communities affected or at risk of child labour.

The Government further indicates that the “ACCEL-Accelerating Action for the Elimination of Child Labour in the supply chain of tea and coffee in Africa” project was implemented by the Government, social partners and civil society organizations from 2018 to 2023. This regional project aims to address the root causes of child labour with an overarching goal of accelerating the elimination of child labour in Africa through targeted actions in selected supply chains. During phase I of the project, for instance, the promotion of strong engagement by the Federation of Ugandan Employers resulted in direct engagement of individual companies’ corporate social responsibility departments in supporting communities to combat child labour. The second phase of the ACCEL Africa project, which will run from 2023 to 2028, aims to catalyse the eradication of child labour in Africa, including in Uganda, by fortifying existing systems that address root causes. Building on the success of the first phase, the second phase will expand its efforts and foster an integrated approach to eliminate child labour, including through strengthening the national institutional framework, scaling up pioneering approaches focusing on social protection, decent work and youth employment, and promoting knowledge-sharing and partnerships.

The Committee notes, however, that, according to the 2019–20 National Household Survey of the Uganda Bureau of Statistics (UBS), in part due to the strict school closures during the COVID-19 pandemic, child labour rates for children between the ages of 5 and 17 increased from 14 per cent prior to the pandemic to 22 per cent, amounting to a total of 2,702,000 children in 2020. Moreover, according to a press release by the UBS of April 2021, a baseline report from the Bureau has indicated that child labour in the two districts of Hoima and Kikuube stood at 26 per cent (74,000 children), and that three out of ten of these children were engaged in hazardous work or worked for longer hours. The root causes of child labour in these regions were the general lack of awareness among the communities and ignorance of the negative impact of child labour, as well as the need for children to contribute to household income and food security. Moreover, according to an ILO brief on Child Labour and Forced Labour in Uganda of February 2023, which refers to the latest National Labour Force Survey, the incidence of child labour increased to 39.5 per cent, or 6.2 million children, in 2022. The brief reports that child labour is the highest among the age bracket 5 to 11, with 58 per cent of these children in child labour, while 19.8 per cent of the 6.2 million children in child labour are between 12 and 17 years of age and occupied in hazardous occupations or industries, hazardous working conditions or long hours of work. Child labour is mostly found in many economic sectors, but predominantly in the agricultural sector (sugar cane, rice, tea, coffee, tobacco, livestock and fishing).

While taking note of the measures taken by the Government, the Committee must express its deep concern at the significant number of children engaged in child labour, including hazardous work, which increased dramatically in just a few years. The Committee strongly urges the Government to strengthen its efforts to ensure the progressive elimination of child labour by children under the minimum age for employment or work, as well as for all children engaged in hazardous work. It requests the Government to provide information on the root causes of the increase in child labour in the country, and to indicate the measures taken to address the situation according to international labour standards in force in the country. In this regard, it requests that the Government provide detailed information on the implementation of the NAP II and of the ACCEL Africa project, and on the results achieved. It also requests the Government to continue to supply information on the application of the Convention in practice, particularly statistics, disaggregated by age and sector of activity, on the situation of children engaged in child labour in the country.

Article 9(1). Penalties and labour inspection. Following its previous comments, the Committee notes the Government’s information, according to which it continues to take measures to strengthen the monitoring of child labour. In the framework of the NAP II, the Government is recruiting, training and orienting district Labour Officers on the elimination of child labour, including in hazardous work. There are currently over 175 Labour Officers who have been recruited across the country. Moreover, some projects are implemented to benefit Labour Officers with means of transport to monitor child labour-related matters and enforce the existing labour laws.

The Committee observes, however, that the Government does not provide information or data on the number of child labour violations identified through inspections or the number or nature of penalties applied and assessed for child labour violations. In this regard, the Government indicates that the Annual Labour Inspection report of 2022 is being compiled, and that it will be shared as soon as it is published. Considering the significant increase of the incidence of child labour in the country, the Committee urges the Government to strengthen its measures to ensure that the labour inspectorate is adequately trained and possesses the necessary resources to be able to detect cases of child labour, as well as to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented. It also requests the Government to continue providing information in this regard and to communicate a copy of all recently published Annual Labour Inspection reports, ensuring that these include information on the number and nature of violations involving children detected by the labour inspectorate.

In light of the situation described above, the Committee notes with deep concern the recent significant increase in the incidence of child labour in the country, which was at 14 percent prior to the pandemic and is now estimated at 6.2 million children, or 39.5 percent of all children in the country. It observes with deep concern that the highest incidence in child labour is found among those who are between the ages of 5 and 11 years of age (58 percent of working children),while 19.8 per cent of the 6.2 million children in child labour are between 12 and 17 years of age and occupied in hazardous occupations or industries, predominantly in agriculture, and in hazardous working conditions and long hours of work. The Committee also observes with regret that no information is available regarding the number of child labour violations identified by the labour inspectorate.

The Committee considers that this case meets the criteria set out in paragraph XXX of its General Report to be asked to come before the Conference.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to supply full particulars to the Conference at its 112th Session and to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(1) and (4) of the Convention. Minimum age for admission to employment or work. The Committee notes that section 8(2) of the Children (Amendment) Act of 2016 sets the minimum age of employment to 16 years.

Articles 3(3) and 6. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. The Committee noted the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work that children are not permitted to undertake, in collaboration with the social partners. The Committee requested that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensured that children under 16 years of age were not permitted to undertake educational training and apprenticeships which are on the list of hazardous work.

Noting the absence of information in this regard in the Government’s report, the Committee recalls that, under the terms of Article 3(3)of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.The Committee therefore once again requests that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensures that children under 16 years of age are not permitted to undertake educational training and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do undertake such educational training or apprenticeships do so under the safeguards laid out in Article 3(3) of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Uganda shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years.

The Committee notes that, according to the ILO–IPEC field office, there are a total of 27 occupational safety and health (OSH) inspectors and 49 district labour inspectors (out of 119 districts). Moreover, the Committee notes that the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) project contributed to strengthening labour inspectorates at the national and district level to address child labour, through the training of 61 inspectors on child labour inspections skills. The CLEAR project has also supported the revision of the labour inspection checklist to address child labour adequately and developed a toolkit for labour inspectors on combating child labour.While welcoming the measures taken by the Government to strengthen the labour inspection system on child labour, the Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented by the labour inspectorate. It encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations involving children detected by the labour inspectorate.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, a total of 2.009 million children aged 5–17 years were in child labour (approximately 16 per cent of all children). Moreover, a total of 507,000 children aged 5–17 years were found in hazardous work (25 per cent of the children in child labour). The Committee also noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. It took due note of the Government’s indication that the National Action Plan for the elimination of the worst forms of child labour in Uganda (NAP) was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. The Committee requested that the Government provide detailed information on the implementation of the NAP and its impact on the elimination of child labour.

The Committee notes the Government’s information in its report that the NAP is in the process of being reviewed by the Government with support from the ILO. It also notes, from the ILO–IPEC field office, that a total of 335 children (156 girls and 179 boys) have been withdrawn from child labour and were given skills and livelihood training. Moreover, the child labour agenda has been promoted through the Education Development Partners Forum, Stop Child Labour Partners Forum and other national forums within the education and social development sectors. The Committee finally notes from the 2016 UNICEF Annual Report on Uganda that 7,226 children aged 5–17 years were withdrawn from child labour (page 28). While noting the measures taken by the Government, the Committee must express its concern at the number of children involved in child labour in the country, including in hazardous work.The Committee once again urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the reviewed NAP, once adopted. It also requests that the Government supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(1) and (4) of the Convention. Minimum age for admission to employment or work. The Committee notes that section 8(2) of the Children (Amendment) Act of 2016 sets the minimum age of employment to 16 years.

Articles 3(3) and 6. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. The Committee noted the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work that children are not permitted to undertake, in collaboration with the social partners. The Committee requested that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensured that children under 16 years of age were not permitted to undertake educational training and apprenticeships which are on the list of hazardous work.

Noting the absence of information in this regard in the Government’s report, the Committee recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensures that children under 16 years of age are not permitted to undertake educational training and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do undertake such educational training or apprenticeships do so under the safeguards laid out in Article 3(3) of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Uganda shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years.

The Committee notes that, according to the ILO–IPEC field office, there are a total of 27 occupational safety and health (OSH) inspectors and 49 district labour inspectors (out of 119 districts). Moreover, the Committee notes that the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) project contributed to strengthening labour inspectorates at the national and district level to address child labour, through the training of 61 inspectors on child labour inspections skills. The CLEAR project has also supported the revision of the labour inspection checklist to address child labour adequately and developed a toolkit for labour inspectors on combating child labour. While welcoming the measures taken by the Government to strengthen the labour inspection system on child labour, the Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented by the labour inspectorate. It encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations involving children detected by the labour inspectorate.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, a total of 2.009 million children aged 5–17 years were in child labour (approximately 16 per cent of all children). Moreover, a total of 507,000 children aged 5–17 years were found in hazardous work (25 per cent of the children in child labour). The Committee also noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. It took due note of the Government’s indication that the National Action Plan for the elimination of the worst forms of child labour in Uganda (NAP) was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. The Committee requested that the Government provide detailed information on the implementation of the NAP and its impact on the elimination of child labour.

The Committee notes the Government’s information in its report that the NAP is in the process of being reviewed by the Government with support from the ILO. It also notes, from the ILO–IPEC field office, that a total of 335 children (156 girls and 179 boys) have been withdrawn from child labour and were given skills and livelihood training. Moreover, the child labour agenda has been promoted through the Education Development Partners Forum, Stop Child Labour Partners Forum and other national forums within the education and social development sectors. The Committee finally notes from the 2016 UNICEF Annual Report on Uganda that 7,226 children aged 5–17 years were withdrawn from child labour (page 28). While noting the measures taken by the Government, the Committee must express its concern at the number of children involved in child labour in the country, including in hazardous work. The Committee once again urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the reviewed NAP, once adopted. It also requests that the Government supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern 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

Articles 2(1) and (4) of the Convention. Minimum age for admission to employment or work. The Committee notes that section 8(2) of the Children (Amendment) Act of 2016 sets the minimum age of employment to 16 years.

Articles 3(3) and 6. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. The Committee noted the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work that children are not permitted to undertake, in collaboration with the social partners. The Committee requested that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensured that children under 16 years of age were not permitted to undertake educational training and apprenticeships which are on the list of hazardous work.

Noting the absence of information in this regard in the Government’s report, the Committee recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensures that children under 16 years of age are not permitted to undertake educational training and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do undertake such educational training or apprenticeships do so under the safeguards laid out in Article 3(3) of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Uganda shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years.

The Committee notes that, according to the ILO–IPEC field office, there are a total of 27 occupational safety and health (OSH) inspectors and 49 district labour inspectors (out of 119 districts). Moreover, the Committee notes that the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) project contributed to strengthening labour inspectorates at the national and district level to address child labour, through the training of 61 inspectors on child labour inspections skills. The CLEAR project has also supported the revision of the labour inspection checklist to address child labour adequately and developed a toolkit for labour inspectors on combating child labour. While welcoming the measures taken by the Government to strengthen the labour inspection system on child labour, the Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented by the labour inspectorate. It encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations involving children detected by the labour inspectorate.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, a total of 2.009 million children aged 5–17 years were in child labour (approximately 16 per cent of all children). Moreover, a total of 507,000 children aged 5–17 years were found in hazardous work (25 per cent of the children in child labour). The Committee also noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. It took due note of the Government’s indication that the National Action Plan for the elimination of the worst forms of child labour in Uganda (NAP) was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. The Committee requested that the Government provide detailed information on the implementation of the NAP and its impact on the elimination of child labour.

The Committee notes the Government’s information in its report that the NAP is in the process of being reviewed by the Government with support from the ILO. It also notes, from the ILO–IPEC field office, that a total of 335 children (156 girls and 179 boys) have been withdrawn from child labour and were given skills and livelihood training. Moreover, the child labour agenda has been promoted through the Education Development Partners Forum, Stop Child Labour Partners Forum and other national forums within the education and social development sectors. The Committee finally notes from the 2016 UNICEF Annual Report on Uganda that 7,226 children aged 5–17 years were withdrawn from child labour (page 28). While noting the measures taken by the Government, the Committee must express its concern at the number of children involved in child labour in the country, including in hazardous work. The Committee once again urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the reviewed NAP, once adopted. It also requests that the Government supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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

Articles 2(1) and (4) of the Convention. Minimum age for admission to employment or work. The Committee notes that section 8(2) of the Children (Amendment) Act of 2016 sets the minimum age of employment to 16 years.

Articles 3(3) and 6. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. The Committee noted the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work that children are not permitted to undertake, in collaboration with the social partners. The Committee requested that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensured that children under 16 years of age were not permitted to undertake educational training and apprenticeships which are on the list of hazardous work.

Noting the absence of information in this regard in the Government’s report, the Committee recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensures that children under 16 years of age are not permitted to undertake educational training and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do undertake such educational training or apprenticeships do so under the safeguards laid out in Article 3(3) of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Uganda shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years.

The Committee notes that, according to the ILO–IPEC field office, there are a total of 27 occupational safety and health (OSH) inspectors and 49 district labour inspectors (out of 119 districts). Moreover, the Committee notes that the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) project contributed to strengthening labour inspectorates at the national and district level to address child labour, through the training of 61 inspectors on child labour inspections skills. The CLEAR project has also supported the revision of the labour inspection checklist to address child labour adequately and developed a toolkit for labour inspectors on combating child labour. While welcoming the measures taken by the Government to strengthen the labour inspection system on child labour, the Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented by the labour inspectorate. It encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations involving children detected by the labour inspectorate.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, a total of 2.009 million children aged 5–17 years were in child labour (approximately 16 per cent of all children). Moreover, a total of 507,000 children aged 5–17 years were found in hazardous work (25 per cent of the children in child labour). The Committee also noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. It took due note of the Government’s indication that the National Action Plan for the elimination of the worst forms of child labour in Uganda (NAP) was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. The Committee requested that the Government provide detailed information on the implementation of the NAP and its impact on the elimination of child labour.

The Committee notes the Government’s information in its report that the NAP is in the process of being reviewed by the Government with support from the ILO. It also notes, from the ILO–IPEC field office, that a total of 335 children (156 girls and 179 boys) have been withdrawn from child labour and were given skills and livelihood training. Moreover, the child labour agenda has been promoted through the Education Development Partners Forum, Stop Child Labour Partners Forum and other national forums within the education and social development sectors. The Committee finally notes from the 2016 UNICEF Annual Report on Uganda that 7,226 children aged 5–17 years were withdrawn from child labour (page 28). While noting the measures taken by the Government, the Committee must express its concern at the number of children involved in child labour in the country, including in hazardous work. The Committee once again urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the reviewed NAP, once adopted. It also requests that the Government supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2(1) and (4) of the Convention. Minimum age for admission to employment or work. The Committee notes that section 8(2) of the Children (Amendment) Act of 2016 sets the minimum age of employment to 16 years.

Articles 3(3) and 6. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. The Committee noted the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work that children are not permitted to undertake, in collaboration with the social partners. The Committee requested that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensured that children under 16 years of age were not permitted to undertake educational training and apprenticeships which are on the list of hazardous work

Noting the absence of information in this regard in the Government’s report, the Committee recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again requests that the Government provide information on the manner in which the application of the guidelines for labour inspectors ensures that children under 16 years of age are not permitted to undertake educational training and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do undertake such educational training or apprenticeships do so under the safeguards laid out in Article 3(3) of the Convention.

Article 9(1). Penalties and labour inspectorate. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Uganda shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years.

The Committee notes that, according to the ILO–IPEC field office, there are a total of 27 occupational safety and health (OSH) inspectors and 49 district labour inspectors (out of 119 districts). Moreover, the Committee notes that the Country Level Engagement and Assistance to Reduce Child Labour (CLEAR) project contributed to strengthening labour inspectorates at the national and district level to address child labour, through the training of 61 inspectors on child labour inspections skills. The CLEAR project has also supported the revision of the labour inspection checklist to address child labour adequately and developed a toolkit for labour inspectors on combating child labour. While welcoming the measures taken by the Government to strengthen the labour inspection system on child labour, the Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in the case of a violation of the provisions on the employment of children and young persons are effectively implemented by the labour inspectorate. It encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations involving children detected by the labour inspectorate.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, a total of 2.009 million children aged 5–17 years were in child labour (approximately 16 per cent of all children). Moreover, a total of 507,000 children aged 5–17 years were found in hazardous work (25 per cent of the children in child labour). The Committee also noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. It took due note of the Government’s indication that the National Action Plan for the elimination of the worst forms of child labour in Uganda (NAP) was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. The Committee requested that the Government provide detailed information on the implementation of the NAP and its impact on the elimination of child labour.

The Committee notes the Government’s information in its report that the NAP is in the process of being reviewed by the Government with support from the ILO. It also notes, from the ILO–IPEC field office, that a total of 335 children (156 girls and 179 boys) have been withdrawn from child labour and were given skills and livelihood training. Moreover, the child labour agenda has been promoted through the Education Development Partners Forum, Stop Child Labour Partners Forum and other national forums within the education and social development sectors. The Committee finally notes from the 2016 UNICEF Annual Report on Uganda that 7,226 children aged 5–17 years were withdrawn from child labour (page 28). While noting the measures taken by the Government, the Committee must express its concern at the number of children involved in child labour in the country, including in hazardous work. The Committee once again urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests that the Government provide detailed information on the implementation of the reviewed NAP, once adopted. It also requests that the Government supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 3(3) and 6 of the Convention. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. However, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work not permitted for children, in collaboration with the social partners. The Committee requests the Government to provide information, in its next report, on the manner in which the application of the Guidelines for Labour Inspectors ensures that children under 16 years of age are not permitted to perform educational trainings and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do perform such educational trainings or apprenticeships do so under the conditions of safety laid out in Article 3(3) of the Convention.

Article 9(1). Penalties. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee requested the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons.

The Committee notes the Government’s information that its strategy is rather to carry out intensive awareness raising among the public on the consequences of child labour and the importance of education. However, the Committee reminds the Government that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision and application of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in case of violations of the provisions on the employment of children and young persons are applied in practice. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Keeping of registers. The Committee previously noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also noted that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. It observed, however, that this schedule only requires employers to indicate the name and date of birth of the children employed who are between 15 and 17 years of age, although the minimum age for admission to work is 14 years.

The Committee once again reminds the Government that, according to Article 9(3) of the Convention, employers must keep registers of employment indicating the names, ages and/or dates of birth of all children under 18 years who work for them. The Committee once again requests the Government to take the necessary measures so that employment registers kept by the employers apply to all child workers, including those under 15 years of age but over the minimum age for admission to employment or work.

Labour inspectorate. The Committee previously noted the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, concerning the application of the Labour Inspection Convention, 1947 (No. 81), that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. The Committee noted that there were approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. However, the Committee noted that these inspections were sporadic and not institutionalized. The Committee observed that the Ministry of Gender, Labour and Social Development has developed and adopted guidelines to facilitate the programming, monitoring, development and implementation of public policies that would more effectively contribute to the goal of the elimination of child labour, in particular its worst forms. These guidelines were specifically designed to assist labour inspectors and other national stakeholders in their efforts to eliminate child labour.

The Committee notes the Government’s information under Convention No. 81 that, with regard to the implementation of the Employment Act, 2006, and the Occupational Safety and Health Act, 2006, it is developing a comprehensive programme on integrated inspection involving other public service sector agencies which share the function of inspection. In addition, inspection procedures have been reorganized and the Occupational Safety and Health Department and labour inspectorate are working together in an integrated manner. Moreover, the Government indicates that in the next cycle of reporting, it shall submit a publication of the annual inspection report. The Committee once again requests the Government to provide information on the impact of these measures on strengthening the labour inspection system in order to ensure the effective application of the Convention. It also strongly encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations detected involving children. The Committee requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active. In this regard, the Committee previously noted that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. It noted that the Government was cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy.

The Committee notes with concern that, according to the Uganda National Household Survey report of 2009–10, 2.75 million children aged 5 to 17 years are engaged in economic activities in Uganda; 51 per cent of them (1.4 million) are considered to be in hazardous child labour. The survey also indicates that child labour manifests itself in various forms and in different sectors, including domestic service, commercial agriculture (tea and sugar plantations), the informal economy, hotels and bars, commercial sexual exploitation, child trafficking, construction, fishing, stone and sand quarrying. Moreover, the Committee notes that a Child Labour Follow-up Survey was conducted in 2012 in the districts of Wakiso, Rakai and Mbale by the Uganda Bureau of Statistics with the collaboration of ILO–IPEC, in the framework of the Project of Support for the preparatory phase of the Uganda National Action Plan for the elimination of child labour (SNAP). According to the survey, children’s involvement in work remains common in these districts, with 35 per cent of children aged 6 to 17 years (about 353,000 children) being engaged in some economic activity. Out of this number, 121,000 children, i.e. 11 per cent of all children in the focus districts, were engaged in child labour. More specifically, about 49,000 children in Rakai, 7,800 children in Wakiso, and 21,700 children in Mbale below the age of 12 years were engaged in economic activity. An additional 6,600 children in Rakai, 4,900 children in Wakiso and 1,500 children in Mbale aged 12 to 13 years were in non light economic activities or hazardous work. Furthermore, 3,900 children in Rakai, 23,000 children in Wakiso, and 2,100 children in Mbale aged 14 to 17 were working in some hazardous forms of work or were working excessive hours. Putting these groups together yields an estimate of about 60,400 children aged 5 to 17 in child labour in the Rakai district, about 35,700 in Wakiso, and about 23,300 in Mbale (for a total of about 121,400 child labourers).

The Committee takes due note of the Government’s indication that the NAP on the elimination of child labour was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as to provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. However, noting with concern that a significant number of children are involved in child labour, including in hazardous conditions, the Committee urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests the Government to provide detailed information on the implementation of the NAP on the elimination of child labour in its next report. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3(3) and 6 of the Convention. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the commissioner, and that the commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. However, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work not permitted for children, in collaboration with the social partners. The Committee requests the Government to provide information, in its next report, on the manner in which the application of the Guidelines for Labour Inspectors ensures that children under 16 years of age are not permitted to perform educational trainings and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do perform such educational trainings or apprenticeships do so under the conditions of safety laid out in Article 3(3) of the Convention.

Article 9(1). Penalties. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee requested the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons.

The Committee notes the Government’s information that its strategy is rather to carry out intensive awareness raising among the public on the consequences of child labour and the importance of education. However, the Committee reminds the Government that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision and application of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in case of violations of the provisions on the employment of children and young persons are applied in practice. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Keeping of registers. The Committee previously noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also noted that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. It observed, however, that this schedule only requires employers to indicate the name and date of birth of the children employed who are between 15 and 17 years of age, although the minimum age for admission to work is 14 years.

The Committee once again reminds the Government that, according to Article 9(3) of the Convention, employers must keep registers of employment indicating the names, ages and/or dates of birth of all children under 18 years who work for them. The Committee once again requests the Government to take the necessary measures so that employment registers kept by the employers apply to all child workers, including those under 15 years of age but over the minimum age for admission to employment or work.

Part III of the report form. Labour inspectorate. The Committee previously noted the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, concerning the application of the Labour Inspection Convention, 1947 (No. 81), that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. The Committee noted that there were approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. However, the Committee noted that these inspections were sporadic and not institutionalized. The Committee observed that the Ministry of Gender, Labour and Social Development has developed and adopted guidelines to facilitate the programming, monitoring, development and implementation of public policies that would more effectively contribute to the goal of the elimination of child labour, in particular its worst forms. These guidelines were specifically designed to assist labour inspectors and other national stakeholders in their efforts to eliminate child labour.

The Committee notes the Government’s information under Convention No. 81 that, with regard to the implementation of the Employment Act, 2006, and the Occupational Safety and Health Act, 2006, it is developing a comprehensive programme on integrated inspection involving other public service sector agencies which share the function of inspection. In addition, inspection procedures have been reorganized and the Occupational Safety and Health Department and labour inspectorate are working together in an integrated manner. Moreover, the Government indicates that in the next cycle of reporting, it shall submit a publication of the annual inspection report. The Committee once again requests the Government to provide information on the impact of these measures on strengthening the labour inspection system in order to ensure the effective application of the Convention. It also strongly encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations detected involving children. The Committee requests the Government to provide information on the progress made in this regard with its next report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1 and Part V of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that the Government acknowledged the problem of child labour in the country and recognized its dangers. The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active. In this regard, the Committee previously noted that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. It noted that the Government was cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy.

The Committee notes with concern that, according to the Uganda National Household Survey report of 2009–10, 2.75 million children aged 5 to 17 years are engaged in economic activities in Uganda; 51 per cent of them (1.4 million) are considered to be in hazardous child labour. The survey also indicates that child labour manifests itself in various forms and in different sectors, including domestic service, commercial agriculture (tea and sugar plantations), the informal economy, hotels and bars, commercial sexual exploitation, child trafficking, construction, fishing, stone and sand quarrying. Moreover, the Committee notes that a Child Labour Follow-up Survey was conducted in 2012 in the districts of Wakiso, Rakai and Mbale by the Uganda Bureau of Statistics with the collaboration of ILO–IPEC, in the framework of the Project of Support for the preparatory phase of the Uganda National Action Plan for the elimination of child labour (SNAP). According to the survey, children’s involvement in work remains common in these districts, with 35 per cent of children aged 6 to 17 years (about 353,000 children) being engaged in some economic activity. Out of this number, 121,000 children, i.e. 11 per cent of all children in the focus districts, were engaged in child labour. More specifically, about 49,000 children in Rakai, 7,800 children in Wakiso, and 21,700 children in Mbale below the age of 12 years were engaged in economic activity. An additional 6,600 children in Rakai, 4,900 children in Wakiso and 1,500 children in Mbale aged 12 to 13 years were in non light economic activities or hazardous work. Furthermore, 3,900 children in Rakai, 23,000 children in Wakiso, and 2,100 children in Mbale aged 14 to 17 were working in some hazardous forms of work or were working excessive hours. Putting these groups together yields an estimate of about 60,400 children aged 5 to 17 in child labour in the Rakai district, about 35,700 in Wakiso, and about 23,300 in Mbale (for a total of about 121,400 child labourers).

The Committee takes due note of the Government’s indication that the NAP on the elimination of child labour was launched in June 2012. This NAP is a strategic framework that will set the stage for the mobilization of policy-makers and for awareness raising at all levels, as well as to provide a basis for resource mobilization, reporting, monitoring, and evaluation of performance and progress of the interventions aimed at combating child labour. However, noting with concern that a significant number of children are involved in child labour, including in hazardous conditions, the Committee urges the Government to strengthen its efforts to ensure the effective elimination of child labour, especially in hazardous work. In this regard, it requests the Government to provide detailed information on the implementation of the NAP on the elimination of child labour in its next report. The Committee also requests the Government to continue to supply information on the application of the Convention in practice, particularly statistics on the employment of children under 14 years of age.

The Committee is raising other points in a request addressed directly to the Government.

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

Articles 3(3) and 6 of the Convention. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee had previously noted that, according to section 8 of the Industrial Training Decree of 1972, any person who: (i) has attained the apparent age of 16 years; (ii) has attained a basic standard of education prescribed in the regulations under this Decree; and (iii) has obtained the prescribed qualifications for the concerned trade; and (iv) has been certified medically fit, may bind himself as an apprentice in any designated trade. The Committee had also noted that, by virtue of section 34 of the Employment Act, the Minister would, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship.

The Committee notes that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a Commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship shall apply to the Commissioner, and that the Commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed. The Committee reminds the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. However, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee accordingly requests the Government to take measures to ensure that children under 16 years of age are not permitted to perform educational trainings and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do perform such educational trainings or apprenticeships do so under the conditions of safety laid out in Article 3(3) of the Convention.

Article 9(1). Penalties. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. Noting the absence of information on this point in the Government’s report, the Committee once again requests it to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and nature of penalties imposed.

Article 9(3). Keeping of registers. The Committee had previously noted the Government’s statement that the requirements for registers or other documents containing the names and ages or dates of birth of persons employed under the age of 14 years shall be provided for in the regulations to the Employment Act which are yet to be formulated. The Committee had also noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee requested the Government to take measures to ensure that registers be kept and made available by the employer in respect of children under the age of 18 years and not 14 years as indicated by the Government.

The Committee notes that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. It observes, however, that this schedule only requires employers to indicate the name and date of birth of the children employed who are between 15 and 17 years of age, although the minimum age for admission to work is 14 years. The Committee reminds the Government that, according to Article 9(3) of the Convention, employers must keep registers of employment indicating the names, ages and/or dates of birth of all children under 18 years who work for them. The Committee requests the Government to take the necessary measures so that employment registers kept by the employers apply to all workers younger than 18 years of age.

Part III of the report form. Labour inspectorate. The Committee had previously noted that the Labour Inspectorate Department has a network of 31 district offices, with each district having at least one labour officer. The Committee had noted, however, the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, concerning the application of the Labour Inspection Convention, 1947 (No. 81), that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. The Committee noted that there were approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the Committee had noted that these inspections were sporadic and not institutionalized.

The Committee notes the Government’s information that it has been advocating for improved budgetary allocation to labour inspection work in the districts and that training for the existing labour staff in the country has been conducted relatively to their role in enforcing the labour laws. The Government also indicates that the Ministry of Gender, Labour and Social Development (MGLSD) has come up with a strategy to recentralize the existing 36 districts district labour offices, as well as create regional offices to cover a specific cluster of districts. Furthermore, the Committee observes that the MGLSD has developed and adopted guidelines to facilitate the programming, monitoring, development and implementation of public policies that would more effectively contribute to the goal of the elimination of child labour, in particular its worst forms. These guidelines are specifically designed to assist labour inspectors and other national stakeholders in their efforts to eliminate child labour. The Committee requests the Government to provide information on the impact of these measures on strengthening the labour inspection system. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children.

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

Article 1 and Part V of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that the Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee noted that, according the 2005 Uganda National Household Survey, 31.1 per cent of children aged from 5 to 14 years were involved in economic activity (32.4 per cent of boys and 29.8 per cent of girls). The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active.

In this regard, the Committee previously noted that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. The policy includes awareness-raising measures, integration of child labour concerns in national and district-level programmes, stimulating collective action at all levels of society and providing a legislative and institutional framework for action against child labour. It had noted that the Government is cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy. The Committee noted that, in its report, the 2009 Technical Advisory Mission on Child Labour Issues (the mission) expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee noted that many activities were undertaken to get the process for the NAP started again and that the target date for the NAP to be adopted and operational is March–August 2012.

The Committee notes that, according to information available at ILO–IPEC, a retreat was organized in September 2010 to discuss the NAP which brought together all the relevant constituents and stakeholders. As a result, the draft NAP was produced and its validation took place in March 2011. The final NAP is currently being worked on. In the meantime, the Committee observes that a Simplified National Child Labour Policy was elaborated and adopted in 2010 as a first step to towards raising awareness on the NCLP and child labour matters in Uganda. Furthermore, the Committee notes that the Uganda Bureau of Statistics (UBOS), in collaboration with SIMPOC, has started conducting a standalone National Child Labour Survey in April 2011, which should provide up-to-date data disaggregated by sex, as well as statistics on the situation of child labourers. Once again, the Committee encourages the Government to strengthen its efforts in order to ensure that the NAP for the elimination of child labour is validated and adopted by the target date. It requests the Government to provide a copy of this NAP once it is adopted, as well as the results of the standalone survey of the UBOS, as soon as it is finalized. Finally, the Committee once again requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons. To the extent possible, this information should be disaggregated by age and sex.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 years of age was drafted in consultation with the social partners. It noted that the draft hazardous list had been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development in May 2009, and that it would be gazetted after the drafting of an extra paragraph on light work. The Committee noted that, during its time in Uganda in 2009 the mission observed that the regulations necessary to implement the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. The Committee therefore urged the Government to take the necessary measures to ensure that they would be adopted in the near future.

The Committee notes with satisfaction the Government’s information that the Employment of Children Regulations, adopted in 2011, contain the list of hazardous activities prohibited to children under 18 years of age. It observes that this list includes occupations in a variety of sectors, such as agriculture (harvesting and marketing of tobacco or tea, preparing the land of rice plantations, maize milling, fishing), construction (building and road work), mining (sand harvesting and stone crushing), the urban informal economy (market and street activities, motor garages and carpentry workshops), and in entertainment (waitressing and attending in hotels, bars, restaurants or casinos).

Article 7. Light work. The Committee had previously noted that according to section 32(2) of the Employment Act, a child under the age of 14 years shall not be employed except for light work carried out under the supervision of an adult person and which does not affect the child’s education. Light work, according to section 2 of the Employment Act, means work that is not physically, mentally and socially injurious to the child. The Committee noted that a list of light work activities had not yet been determined by the Ministry of Labour, but that an extra paragraph defining light work would be added to the draft list on hazardous work, after which the document would be gazetted. However, it noted that the Federation of Ugandan Employers indicated to the mission that a list of light work activities had not yet been determined by the Ministry of Labour, and that the adoption of a provision on light work also fell within the purview of the LAB. The Committee therefore requested the Government to take immediate measures to determine light work activities that may be undertaken by children between 12 and 14 years of age and the conditions in which, light work may be undertaken.

The Committee notes with satisfaction that section 4 of the Employment of Children Regulations provides that light work activities include such occupations as sewing, sweeping, cleaning the floor or organizing the house, washing clothes, making purchases at the market, looking for firewood and preparing family meals.

Article 8. Artistic performances. The Committee had previously noted the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It requested the Government to provide information on the measures taken or envisaged for the granting of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in practice in artistic performances.

The Committee notes with interest that section 9 of the Employment of Children Regulations provides that an employer who wishes to employ a child in artistic performances shall apply to the Commissioner, and that the Commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed, in accordance with Article 8 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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:

The Committee took note of the report of the Technical Advisory Mission (the mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s information that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. The policy includes awareness-raising measures, integration of child labour concerns in national and district-level programmes, stimulating collective action at all levels of society and providing a legislative and institutional framework for action against child labour. It had noted that the Government is cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy.

The Committee noted that, in its report, the mission expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee noted that the technical progress report (TPR) of 1 September 2009 for the ILO–IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour
(ILO–IPEC SNAP Uganda project) indicates that many activities were undertaken to get the process for the NAP started again, including a meeting organized on 2 July 2009 to reinforce the task force. A workshop was organized in Addis Ababa in November 2009 where Uganda’s tripartite partners were invited to validate the NAP and mainstreaming guidelines. The Committee noted that the target date for the NAP to be adopted and operational is March–August 2012. The Committee therefore requests the Government to take the necessary measures to ensure that the NAP for the elimination of child labour is validated and adopted by the target date.

Article 2(3). Age of completion of compulsory schooling. The Committee had previously noted that, although the policy of free universal primary education (UPE), implemented in Uganda since 1996, provides for free basic education to children from the age of 6 years to 12 years, there appeared to be no legal provisions for compulsory education in Uganda. The Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee noted with interest that, in its report, the mission indicated that the Education Act, adopted in 2008, made UPE free and compulsory for all children at least up to the minimum age of employment, which is 14 years in Uganda. This new law punishes parents who do not send their children to school. The mission also noted that the implementation of UPE has further increased the enrolment of children in primary school: in 2008, 7.5 million children were enrolled in primary education (93 per cent). Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education has been implemented. In this regard, the Committee noted that, according to the Annual School Census of 2008, published on the web site of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education is 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observed that, according to the same source, the net enrolment ratio in secondary education is only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee took due note of the measures taken by the Government with regard to education. It observed, however, that the low rates of enrolment at the secondary education level, in comparison with the primary school enrolment rates, indicate that an important number of children drop-out after primary school. The Committee strongly encourages the Government to pursue its efforts to improve the functioning of the education system in the country, in particular by increasing school attendance at the secondary level and reducing school drop-out rates. It requests the Government to provide information on the progress made in this regard and the results achieved.

Article 3(2). Determination of hazardous work. Following its previous comments, the Committee noted that the mission indicates that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 years of age was drafted in consultation with the social partners. It noted that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, the draft hazardous list has been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development (MGLSD) in May 2009, and that it will be gazetted after the drafting of an extra paragraph on light work.

However, the Committee noted that, during its time in Uganda, the mission observed that the regulations necessary to implement the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. In this regard, in a tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD acknowledged that the issue of adopting regulations in order to be able to implement the new laws was urgent. The Committee urges the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited to children under 18 years of age is adopted in the near future. In this regard, the Committee strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners. It requests the Government to provide information on the progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that, according to section 8 of the Industrial Training Decree of 1972, any person who: (i) has attained the apparent age of 16 years; (ii) has attained a basic standard of education prescribed in the regulations under this Decree; and (iii) has obtained the prescribed qualifications for the concerned trade; and (iv) has been certified medically fit, may bind himself as an apprentice in any designated trade. The Committee had also noted that, by virtue of section 34 of the Employment Act, the Minister would, on the recommendation of the LAB, make regulations governing the employment of persons for apprenticeship. The Committee once again requests the Government to indicate whether any regulations, pursuant to section 34 of the Employment Act on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also once again requests the Government to provide information on the conditions under which apprenticeship may be undertaken and performed and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee had previously noted that section 32(1) of the Employment Act prohibits the employment of a child under the age of 12 years in any business, undertaking or workplace. It had also noted that, according to section 32(2) of the Employment Act, a child under the age of 14 years shall not be employed except for light work carried out under the supervision of an adult person and which does not affect the child’s education. Light work, according to section 2 of the Employment Act, means work that is not physically, mentally and socially injurious to the child. The Committee noted that the Federation of Ugandan Employers (FUE) indicated to the mission that a list of light work activities has not yet been determined by the Ministry of Labour. It noted that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, an extra paragraph defining light work will be added to the draft list on hazardous work, after which the document will be gazetted. However, the Committee observed that the adoption of a provision on light work also falls within the purview of the LAB. The Committee requests the Government to take immediate measures to determine light work activities that may be undertaken by children between 12 and 14 years of age, pursuant to sections 2, 32(1) and 32(2) of the Employment Act, and to determine the number of hours which, and the conditions in which, light work may be undertaken. In this regard, the Committee once again strongly encourages the Government to take the necessary measures to reactivate the LAB in full consultation with the social partners.

Article 8. Artistic performances. The Committee had previously noted the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It had reminded the Government that Article 8 of the Convention provides for the possibility of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to provide information on the measures taken or envisaged for the granting of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in practice in artistic performances.

Article 9(1). Penalties. The Committee had previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee once again requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee had previously noted the Government’s statement that the requirements for registers or other documents containing the names and ages or dates of birth of persons employed under the age of 14 years shall be provided for in the regulations to the Employment Act which are yet to be formulated. The Committee had also noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention, which requires that registers or shall be kept and made available by the employer in respect of children under the age of 18 years.

The Committee noted that the FUE pointed out to the mission that all employers keep registers of all persons they employ, including those under 18 years of age. The mission nevertheless recommended that the Government take the necessary steps to make regulations to oblige employers to keep and make available registers of employment containing the names and ages or dates of birth of persons under 18 years employed by such employers, in conformity with Article 9(3) of the Convention. In this regard, the Committee noted that this issue also falls within the purview of the LAB. Accordingly, the Committee requests the Government to take measures to ensure that registers be kept and made available by the employer in respect of children under the age of 18 years and not 14 years as indicated by the Government. In this regard, it once again strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners.

Part III of the report form. Labour inspectorate. The Committee had previously noted that, according to section 8 of the Employment Act, the Directorate of Labour, acting under the Ministry of Labour, is entrusted with the application and enforcement of the Employment Act. The Labour Inspectorate Department has a network of 31 district offices, with each district having at least one labour officer. The Committee had noted, however, the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention are inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. It had further requested the Government to adopt measures without delay to establish an effective labour administration with the resources and personnel necessary for its operation, as an essential prerequisite for the effective operation of an inspection system.

The Committee noted the mission’s indication that there are approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the mission indicates that these inspections are sporadic and not institutionalized. In this regard, the Committee noted that, at the tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD indicated to the mission that, having heard the feedback from the mission on the labour inspection function on child labour issues in agriculture, she felt that there was definitely a window of opportunity for collaboration between the Ministry of Agriculture and the MGLSD. She also agreed that the labour inspectorate needs to be reinforced so as to be able to detect child labour violations. The Committee therefore requests the Government to take the necessary measures to strengthen the inspection system pursuant to its above comments. In this regard, it strongly encourages the Government to initiate collaboration between the Ministry of Agriculture and the MGLSD. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that the Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee had also noted the Government’s indication that, although it has made attempts to address the problem of child labour through legal and policy interventions and raising awareness, there are many people who are still not aware of the dangers and negative consequences associated with child labour. Moreover, the AIDS scourge had also compounded the problem by contributing immensely to the number of orphans in the country.

The Committee noted that, according the 2005 Uganda National Household Survey, 31.1 per cent of children aged from 5 to 14 years were involved in economic activity (32.4 per cent of boys and 29.8 per cent of girls). According to the same survey, the great majority of these children are found in agriculture, forestry, hunting and fishing (95.5 per cent). Children can however also be found working in mining (0.1 per cent), manufacturing (1.3 per cent), construction (0.1 per cent), commerce (1.6 per cent), hotels and restaurants (0.3 per cent) and in private households (0.3 per cent). Furthermore, the Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active. The Committee further noted that the Commissioner of the Local Government Ministry informed the mission that labour abuses are prevalent throughout the country, especially in the informal sector where child labour is rampant. The Assistant Commissioner of the Agribusiness Planning Department from the Ministry of Agriculture further confirmed to the mission that the main employer in Uganda is the agricultural sector, where child labour is prevalent. The Committee also noted the mission’s indication that the FUE has carried out a lot of research on child labour in the fishing and rice plantations sectors with the support of the ILO–IPEC. The FUE also alerted the Ministry of Labour to the tendency by the entertainment industry to use children. Finally, the Committee noted that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, a baseline survey has been undertaken in the three SNAP operating districts and a SIMPOC stand-alone survey is planned to be executed in Uganda in 2009–10. Once again expressing serious concern at the number of children under the age of 14 who are compelled to work, the Committee strongly urges the Government to redouble its efforts to progressively improve the situation of child labour in the country and to provide detailed information on concrete measures taken in this regard. It requests the Government to communicate the results of the baseline survey and of the stand-alone survey, as soon as they are finalized. It finally requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. However, it takes note of the report of the Technical Advisory Mission (the mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted the Government’s information that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. The policy includes awareness-raising measures, integration of child labour concerns in national and district-level programmes, stimulating collective action at all levels of society and providing a legislative and institutional framework for action against child labour. It had noted that the Government is cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy.

The Committee notes that, in its report, the mission expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee notes that the technical progress report (TPR) of 1 September 2009 for the ILO–IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO–IPEC SNAP Uganda project) indicates that many activities were undertaken to get the process for the NAP started again, including a meeting organized on 2 July 2009 to reinforce the task force. A workshop will also be organized in Addis Ababa in November 2009 where Uganda’s tripartite partners will be invited to validate the NAP and mainstreaming guidelines. The Committee notes that the target date for the NAP to be adopted and operational is
March–August 2012. The Committee therefore requests the Government to take the necessary measures to ensure that the NAP for the elimination of child labour is validated and adopted by the target date.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that, although the policy of free universal primary education (UPE), implemented in Uganda since 1996, provides for free basic education to children from the age of 6 years to 12 years, there appeared to be no legal provisions for compulsory education in Uganda. The Committee had considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146.

The Committee notes with interest that, in its report, the mission indicates that the Education Act, adopted in 2008, made UPE free and compulsory for all children at least up to the minimum age of employment, which is 14 years in Uganda. This new law punishes parents who do not send their children to school. The mission also notes that the implementation of UPE has further increased the enrolment of children in primary school: in 2008, 7.5 million children were enrolled in primary education (93 per cent). Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education has been implemented. In this regard, the Committee notes that, according to the Annual School Census of 2008, published on the web site of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education is 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observes that, according to the same source, the net enrolment ratio in secondary education is only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee takes due note of the measures taken by the Government with regard to education. It observes, however, that the low rates of enrolment at the secondary education level, in comparison with the primary school enrolment rates, indicate that an important number of children drop-out after primary school. The Committee welcomes the efforts made by the Government and strongly encourages it to pursue its efforts to improve the functioning of the education system in the country, in particular by increasing school attendance at the secondary level and reducing school drop-out rates. It requests the Government to provide information on the progress made in this regard and the results achieved.

Article 3, paragraph 2. Determination of hazardous work. Following its previous comments, the Committee notes that the mission indicates that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 years of age was drafted in consultation with the social partners. It notes that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, the draft hazardous list has been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development (MGLSD) in May 2009, and that it will be gazetted after the drafting of an extra paragraph on light work.

However, the Committee notes that, during its time in Uganda, the mission observed that the regulations necessary to implement the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. In this regard, in a tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD acknowledged that the issue of adopting regulations in order to be able to implement the new laws was urgent. The Committee urges the Government to take the necessary measures to ensure that the list of hazardous types of work prohibited to children under 18 years of age is adopted in the near future. In this regard, the Committee strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners. It requests the Government to provide information on the progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee had previously noted that, according to section 8 of the Industrial Training Decree of 1972, any person who: (i) has attained the apparent age of 16 years; (ii) has attained a basic standard of education prescribed in the regulations under this Decree; and (iii) has obtained the prescribed qualifications for the concerned trade; and (iv) has been certified medically fit, may bind himself as an apprentice in any designated trade. The Committee had also noted that, by virtue of section 34 of the Employment Act, the Minister would, on the recommendation of the LAB, make regulations governing the employment of persons for apprenticeship. The Committee once again requests the Government to indicate whether any regulations, pursuant to section 34 of the Employment Act on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also once again requests the Government to provide information on the conditions under which apprenticeship may be undertaken and performed and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee had previously noted that section 32(1) of the Employment Act prohibits the employment of a child under the age of 12 years in any business, undertaking or workplace. It had also noted that, according to section 32(2) of the Employment Act, a child under the age of 14 years shall not be employed except for light work carried out under the supervision of an adult person and which does not affect the child’s education. Light work, according to section 2 of the Employment Act, means work that is not physically, mentally and socially injurious to the child. The Committee notes that the Federation of Ugandan Employers (FUE) indicated to the mission that a list of light work activities has not yet been determined by the Ministry of Labour. It notes that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, an extra paragraph defining light work will be added to the draft list on hazardous work, after which the document will be gazetted. However, the Committee observes that the adoption of a provision on light work also falls within the purview of the LAB. The Committee requests the Government to take immediate measures to determine light work activities that may be undertaken by children between 12 and 14 years of age, pursuant to sections 2, 32(1) and 32(2) of the Employment Act, and to determine the number of hours which, and the conditions in which, light work may be undertaken. In this regard, the Committee once again strongly encourages the Government to take the necessary measures to reactivate the LAB in full consultation with the social partners.

Article 8. Artistic performances. The Committee had previously noted the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It had reminded the Government that Article 8 of the Convention provides for the possibility of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee once again requests the Government to provide information on the measures taken or envisaged for the granting of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in practice in artistic performances.

Article 9, paragraph 1. Penalties. The Committee had previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee once again requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee had previously noted the Government’s statement that the requirements for registers or other documents containing the names and ages or dates of birth of persons employed under the age of 14 years shall be provided for in the regulations to the Employment Act which are yet to be formulated. The Committee had also noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9(3) of the Convention, which requires that registers or shall be kept and made available by the employer in respect of children under the age of 18 years.

The Committee notes that the FUE pointed out to the mission that all employers keep registers of all persons they employ, including those under 18 years of age. The mission nevertheless recommended that the Government take the necessary steps to make regulations to oblige employers to keep and make available registers of employment containing the names and ages or dates of birth of persons under 18 years employed by such employers, in conformity with Article 9(3) of the Convention. In this regard, the Committee notes that this issue also falls within the purview of the LAB. Accordingly, the Committee requests the Government to take measures to ensure that registers be kept and made available by the employer in respect of children under the age of 18 years and not 14 years as indicated by the Government. In this regard, it once again strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners.

Part III of the report form. Labour inspectorate. The Committee had previously noted that, according to section 8 of the Employment Act, the Directorate of Labour, acting under the Ministry of Labour, is entrusted with the application and enforcement of the Employment Act. The Labour Inspectorate Department has a network of 31 district offices, with each district having at least one labour officer. The Committee had noted, however, the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention are inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. It had further requested the Government to adopt measures without delay to establish an effective labour administration with the resources and personnel necessary for its operation, as an essential prerequisite for the effective operation of an inspection system.

The Committee notes the mission’s indication that there are approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the mission indicates that these inspections are sporadic and not institutionalized. In this regard, the Committee notes that, at the tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD indicated to the mission that, having heard the feedback from the mission on the labour inspection function on child labour issues in agriculture, she felt that there was definitely a window of opportunity for collaboration between the Ministry of Agriculture and the MGLSD. She also agreed that the labour inspectorate needs to be reinforced so as to be able to detect child labour violations. The Committee therefore requests the Government to take the necessary measures to strengthen the inspection system pursuant to its above comments. In this regard, it strongly encourages the Government to initiate collaboration between the Ministry of Agriculture and the MGLSD. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children.

Part V of the report form. Practical application of the Convention. In its previous comments, the Committee had noted that the Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee had also noted the Government’s indication that, although it has made attempts to address the problem of child labour through legal and policy interventions and raising awareness, there are many people who are still not aware of the dangers and negative consequences associated with child labour. Moreover, the AIDS scourge had also compounded the problem by contributing immensely to the number of orphans in the country.

The Committee notes that, according the 2005 Uganda National Household Survey, 31.1 per cent of children aged from 5 to 14 years were involved in economic activity (32.4 per cent of boys and 29.8 per cent of girls). According to the same survey, the great majority of these children are found in agriculture, forestry, hunting and fishing (95.5 per cent). Children can however also be found working in mining (0.1 per cent), manufacturing (1.3 per cent), construction (0.1 per cent), commerce (1.6 per cent), hotels and restaurants (0.3 per cent) and in private households (0.3 per cent). Furthermore, the Committee notes that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active. The Committee further notes that the Commissioner of the Local Government Ministry informed the mission that labour abuses are prevalent throughout the country, especially in the informal sector where child labour is rampant. The Assistant Commissioner of the Agribusiness Planning Department from the Ministry of Agriculture further confirmed to the mission that the main employer in Uganda is the agricultural sector, where child labour is prevalent. The Committee also notes the mission’s indication that the FUE has carried out a lot of research on child labour in the fishing and rice plantations sectors with the support of the ILO–IPEC. The FUE also alerted the Ministry of Labour to the tendency by the entertainment industry to use children. Finally, the Committee notes that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, a baseline survey has been undertaken in the three SNAP operating districts and a SIMPOC stand-alone survey is planned to be executed in Uganda in 2009–10. Once again expressing serious concern at the number of children under the age of 14 who are compelled to work, the Committee strongly urges the Government to redouble its efforts to progressively improve the situation of child labour in the country and to provide detailed information on concrete measures taken in this regard. It requests the Government to communicate the results of the baseline survey and of the stand-alone survey, as soon as they are finalized. It finally requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s first report. It draws the Government’s attention to the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that a national policy on child labour, designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. The policy includes awareness-raising measures, integration of child labour concerns in national and district level programmes, stimulating collective action at all levels of society and providing a legislative and institutional framework for action against child labour. It notes that the Government is cooperating with ILO/IPEC in the elaboration of a national action plan in order to implement this national policy. The Committee further notes that Uganda has been implementing ILO/IPEC-supported programmes since 1999 which include: the National Programme on the Elimination of Child Labour (1999–2003); the prevention, withdrawal and rehabilitation of children engaged in hazardous work in the commercial agriculture sector of Africa
(2001–04); the project to combat exploitation of child domestic workers
(2002–04); preventing and eliminating exploitative child domestic work through education and training (2004–06); and the project on combating and preventing HIV/AIDS-induced child labour in sub-Saharan Africa that started implementation in 2004 and will end in December 2008. It also notes the Government’s information that it adopted the Orphans and Vulnerable Children Policy (OVC) in order to provide care, support, education and protection to orphans and other vulnerable children. The Committee requests the Government to provide information on the abovementioned projects and policies and the results attained, specifying their contribution to the effective abolition of child labour.

Article 2, paragraphs 1 and 4. Minimum age for admission to employment or work. The Committee notes that, at the time of ratifying the Convention, Uganda specified 14 years as the minimum age for admission, in accordance with Article 2, paragraph 4, of the Convention. It notes the Government’s indication that the minimum age of 14 years was arrived at after consultations with the Federation of Uganda Employers (FUE), the Uganda Manufacturers Association (UMA), Private Sector Foundation and the National Organization of Trade Unions. According to section 32(2) of Employment Act No. 6 of 2006 (hereinafter Employment Act), a child under the age of 14 years shall not be employed in any business, undertaking or workplace, except for light work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, according to article 34(2) of the Constitution of Uganda, a child is entitled to basic education which shall be the responsibility of the State and the parents of that child. It further notes that, since 1996, Uganda has been implementing a policy of free universal primary education (UPE) which has increased the enrolment of children in primary school. According to the UNESCO Report on Education For All, 2005, the school enrolment rate has increased from 2.9 million in 1996 to 5.3 million in 1997 to over 7.2 million in 2002. The Committee observes that, although the UPE provides for free basic education to children from the age of 6 years to 12 years, there appear to be no legal provisions for compulsory education in Uganda. The Committee considers that the requirement set out in Article 2, paragraph 3, of the Convention is fulfilled since the minimum age for employment (14 years for Uganda) is not less than the age of completion of compulsory schooling. The Committee is nevertheless of the view that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory education comes to an end before the young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B), ILC, 67th Session, Geneva, 1981, paragraph 140)). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee therefore encourages the Government to pursue its efforts to provide free and compulsory education to all children up to the minimum age for employment which is 14 years, as a means of combating and preventing child labour. The Committee requests the Government to provide information in its next report on any developments in this regard.

Article 3, paragraphs 1 and 2. Minimum age for admission to hazardous work. The Committee notes that, by virtue of section 32(4) of the Employment Act, a child shall not be employed in any employment or work which is injurious to his or her health, dangerous or hazardous or otherwise unsuitable for that child. As per section 32(5) of the Employment Act, no child shall be employed between the hours of 7 p.m. and 7 a.m. Section 2 of the Employment Act defines a child as a person under the age of 18 years. Moreover, the Committee also notes that, according to section 8 of the Children’s Act 2000, no child under the age of 18 years shall be employed in any activity that may be harmful to his/her health, education, mental, physical or moral development.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes that there seem to be no provisions in the Employment Act or Children’s Act requiring the competent authority to determine a list of types of hazardous work prohibited for children under the age of 18 years. The Committee notes, however, that the Government has provided in its report a list of hazardous activities and occupations prohibited to children under 18 years. The Committee requests the Government to indicate the legislative provisions containing the abovementioned list of hazardous activities prohibited to children under 18 years. It also requests the Government to provide information on the consultations held with the organizations of employers and workers concerned in determining the above list.

Article 6. Vocational training and apprenticeship. The Committee notes that, according to section 8 of the Industrial Training Decree of 1972, any person who (i) has attained the apparent age of 16 years, (ii) has attained a basic standard of education prescribed in the regulations under this Decree, (iii) has obtained the prescribed qualifications for the concerned trade, and (iv) has been certified medically fit, may bind himself as an apprentice in any designated trade. The Committee also notes that, by virtue of section 34 of the Employment Act, the Minister shall, on the recommendation of the Labour Advisory Board, make regulations governing the employment of persons for apprenticeship. The Committee requests the Government to indicate whether any regulations, pursuant to section 34 of the Employment Act on apprenticeship programmes, have been adopted and, if so, to provide a copy of the same. It also requests the Government to provide information on the conditions under which apprenticeship may be undertaken and performed and on consultations with organizations of employers and workers concerned in this respect.

Article 7. Light work. The Committee notes that section 32(1) of the Employment Act prohibits the employment of a child under the age of 12 years in any business, undertaking or workplace. It also notes that, according to section 32(2) of the Employment Act, a child under the age of 14 years shall not be employed except for light work carried out under the supervision of an adult person and which does not affect the child’s education. Section 32(3) further provides that a person shall not continue to employ any child under 14 years of age after being notified by a labour officer that such work does not fall within the scope of light work. Light work, according to section 2 of the Employment Act, means work that is not physically, mentally and socially injurious to the child. The Committee requests the Government to indicate whether the activities in which light work by children aged between 12 to 14 years may be permitted have been determined by the competent authority. It also requests the Government to provide information on the provisions prescribing the number of hours during which, and the conditions in which, light work may be undertaken.

Article 8. Artistic performances. The Committee notes the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. The Committee reminds the Government that Article 8 of the Convention provides for the possibility of establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances. Permits thus granted shall limit the number of hours during which, and prescribe the conditions in which, such employment or work is allowed. The Committee accordingly requests the Government to provide information on the measures taken or envisaged for the grant of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who are willing to participate in artistic performances.

Article 9, paragraph 1. Penalties. The Committee notes that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee requests the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9, paragraph 3. Keeping of registers. The Committee notes the Government’s statement that the requirement for registers or other documents containing the names and ages or dates of birth of persons employed under the age of 14 years shall be provided for in the regulations to the Employment Act which are yet to be formulated. The Committee notes that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer, containing the names and ages, or dates of birth, duly certified, wherever possible, of persons whom he/she employs or who work for him/her and who are less than the age of 18 years. The Committee requests the Government to provide information on the measures taken or envisaged to ensure conformity with Article 9, paragraph 3, of the Convention which requires that registers be kept and made available by the employer in respect of children under the age of 18 years and not 14 years as indicated by the Government.

Part III of the report form. Labour inspectorate. The Committee notes that, according to section 8 of the Employment Act, the Directorate of Labour, acting under the Ministry of Labour, is entrusted with the application and enforcement of the Employment Act. The Labour Inspectorate Department has a network of 31 district offices, with each district having at least one labour officer. The Committee notes the Government’s information that each district labour officer is expected to carry out labour inspections within his/her area of jurisdiction and report to the Labour Commissioner on the findings of the inspection. It also notes that sections 10–14 of the Employment Act establish the inspection competencies of the labour officers. The Committee further notes that, according to section 32(6) of the Employment Act, any person, including a labour union or employers’ organization may complain to a labour officer if he/she considers that a child is being employed in breach of this section. The Committee notes, however, the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention are inadequate.

In this respect, the Committee refers to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. It had further requested the Government to adopt measures without delay to establish an effective labour administration with the resources and personnel necessary for its operation, as an essential prerequisite for the effective operation of an inspection system. The Committee requests the Government to indicate any measures adopted to strengthen the inspection system pursuant to its above comments. It also requests the Government to provide information on the labour inspections carried out by the Labour Inspectorate and on the number and nature of violations detected involving children.

Part V of the report form. The Committee notes that, according to the Uganda Labour Force Survey 2002–03, an estimated 1.5 million children aged between 5 and –17 years were involved in child labour. The Uganda Demographic Health Survey of 2000–01 reveals that a total of 2.7 million children were working in Uganda with more than 54 per cent within the age group of
10–14 years. Most of the children were found working in domestic settings, plantations, industry/factories, construction work and in streets and markets. The Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee notes the Government’s indication that, though it has made attempts to address the problem of child labour through legal and policy interventions and raising awareness, there are many people who are still not aware of the dangers and negative consequences associated with child labour. Moreover, the AIDS scourge had also compounded the problem by contributing immensely to the number of orphans in the country. The Committee also notes the Government’s information that a number of studies, in particular, the thematic and sectoral studies on child labour in Uganda by ILO/IPEC, are progressively bringing to light the dimensions of the problems of child labour in the country. While noting the Government’s efforts to combat child labour, the Committee must express its concern over the number of children under the age of 14 years who are compelled to work and, therefore, strongly encourages the Government to redouble its efforts to progressively improve the situation of child labour in the country. It requests the Government to provide detailed information on concrete measures taken in this regard. It also requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons, extracts of inspection reports and information on the number and nature of contraventions reported and penalties applied.