Comments adopted by the CEACR: Uganda

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement measures. The Committee previously noted the adoption of the Prevention of Trafficking in Persons Act, 2009, and requested the Government to provide information on the application in practice of this Act, including the number of investigations, prosecutions, convictions and specific penalties imposed.

The Committee notes the absence of information on this point in the Government’s report. However, it notes the Annual Report on the Trend of Trafficking in Persons in Uganda, 2013 (Trend of Trafficking Report). It notes in particular the creation of the Coordination Office to counter trafficking in persons (COCTIP) which is a focal coordinating and monitoring centre to counter trafficking in persons activities. The Coordination Office also supports a number of activities, including the development of a National Task Force to combat trafficking, a five-year Anti-Trafficking National Action Plan, as well as a national data base on trafficking. The Committee further notes the statistics of 2013 in the Trend of Trafficking Report. It notes in particular that a total of eight capacity building workshops were held with a total of 350 stakeholder members who were trained. A total of 159 criminal case files related to trafficking in persons were opened up by the Police all over the country, out of which 126 criminal case files related to transnational trafficking in persons, while 33 were related to internal trafficking. A total number of 56 suspects were taken to court and at least two of them were found guilty of promoting trafficking in persons. Two other suspects who had been taken to court in 2012 were also convicted on the grounds of aggravated trafficking in persons. The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. It also requests the Government to provide information on the measures taken to implement the Anti-Trafficking National Action Plan, and to indicate the results achieved in combating trafficking in persons. The Committee also requests the Government to continue to provide information on the number of investigations, prosecutions, convictions and specific penalties imposed.

2. Assistance and protection of victims. The Committee notes that according to the Trend of Trafficking Report, a total of 837 victims of trafficking (including suspected victims) were registered for the year 2013, out of which 429 were victims of transnational trafficking while 408 were trafficked internally. Two hundred and twenty transnational victims of trafficking for labour exploitation were registered, as well as 63 victims of trafficking for sexual exploitation. An estimated number of 250 victims of transnational trafficking in persons had been assisted to return and get re-integrated. The Committee further notes that several stakeholders, including the Police and NGOs have provided assistance to victims of trafficking including temporary shelters, welfare, psychosocial counselling, vocational training and reintegration packages. The Committee requests the Government to continue to provide information on the measures taken or envisaged to identify, and to provide protection and assistance to victims of trafficking, including statistical data on the number of persons benefiting from these services.

Articles 1(1) and 2(1). Freedom of career military officers to leave their service. The Committee previously noted that, pursuant to section 28(1) of the Uganda Peoples’ Defence Forces (Conditions of Service) (Officers) Regulations, the application to resign may be either accepted or refused by the Commissions Board. It requested the Government to provide information on the application of section 28(1) in practice, indicating the criteria applied in accepting or rejecting a resignation.

The Committee notes the Government’s indication in its report that the Uganda Peoples’ Defence Force (UPDF) approved the retirement of 1,400 soldiers. The soldiers, to be retired, applied to leave the army for various reasons, including old age, ill-health and early retirement to participate in national politics. A soldier intending to retire applies to the Commission Board chaired by the Chief of Defence Forces, which decides whether to grant the retirement or not within 90 days. The Government further indicates that a new set of regulations entitled Uganda People’s Defence Forces ((UPDF) regulations was published, replacing the National Resistance Army (Condition of Service) (Men) Regulation No. 7 of 1993. The Committee notes that under section 105 of the Uganda Peoples’ Defence Forces Act, 2012, regulations might be issued for ensuring discipline and good administration of the army. The Committee notes however that a copy of the regulations to which the Government refers to has not been attached to the report. The Committee requests the Government to indicate the criteria applied in accepting or rejecting a resignation by the Commission Board within the 90 days referred to above. The Committee also requests the Government to indicate the number of cases in which such resignations were refused and the grounds for refusal. Please, provide a copy of the Uganda People’s Defence Forces (UPDF) regulations, in order to ascertain whether the provisions related to the resignation of military officers are compatible with the Convention.

Repetition

Article 4 of the Convention. Supervision and control by a central authority. In its previous comments, the Committee had requested the Government to pursue its efforts in placing again the labour inspection system under the supervision and control of a central authority, following its decentralization in 1995. In this respect, the Committee recalls the reiterated discussion of the case by the Committee on the Application of Standards (CAS) of the International Labour Conference (in 2001, 2003 and 2008) and the conclusions of the CAS emphasizing the need for the inspection system to be under the responsibility of a central authority. The Committee notes the Government’s indication in its report that the Ministry of Gender, Labour and Social Development (MGLSD) plays a supervisory role, although the system of labour inspection is decentralized. The Government indicates that the MGLSD has started a process to amend the legislation and to place the inspection system under a central authority. The Committee urges the Government to pursue its efforts to place the labour inspection system under a central authority with a view to ensuring coherence in the functioning of the labour inspection system and to provide information on the steps taken in that regard, including a copy of any legislation adopted.

Articles 10, 11 and 16. Resources of the labour inspection system and inspection visits. In its previous comments, the Committee had requested the Government to pursue its efforts to ensure that human and financial resources are allocated to labour inspection. The Committee notes that the Government indicates that the MGLSD has continued to ensure that human and material resources are allocated to labour inspection and that additional vehicles have been provided to the Department of Labour. However, the Committee notes the Government’s indication that inadequate funding continues to represent a challenge. In addition, the Committee notes the 2016 report on the audit undertaken by the auditor general of the Department of Occupational Safety and Health (OSH) of the MGLSD on OSH enforcement activities. The report finds that: (a) out of an estimated 1 million workplaces in the country, only 476 were inspected between 2013 and 2015 (212 in 2012–13, 125 in 2013–14, and 139 in 2014–15, based on departmental annual performance reports); (b) the MGLSD procured analytical and clinical laboratory equipment, but the OSH Department has not fully trained inspectors on the use of the equipment; and (c) enforcement of the OSH legislation has not been effective due to limited personnel and logistics. With respect to personnel issues, the Committee notes that the report indicates that out of 48 approved staff positions, only 22 are currently filled. The Committee notes with concern the limited human and material resources allocated to labour inspection and urges the Government to take steps to ensure that there are a sufficient number of labour inspectors provided with adequate resources, including through the filling of vacant positions, in conformity with Articles 10 and 11 of the Convention, in order to ensure that workplaces are inspected as often as is necessary for the effective application of the relevant legal provisions, as required by Article 16 of the Convention.

Articles 20 and 21. Publication and communication of an annual report on labour inspection. In its previous comments, the Committee had noted the Government’s commitment to publish and submit to the ILO an annual inspection report on the work of the labour inspection services, pursuant to section 20 of the Employment Act 2006. The Committee notes the Government’s indication that a draft annual report has been compiled. However, it notes with concern that no report has been published or submitted to the ILO. The Committee once again requests the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO within the time limits set out in Article 20 and that they contain the information required by Article 21(a)–(g).

Repetition

Article 5(a) of the Convention. Cooperation between the inspection services and public institutions. In its previous comments, the Committee requested the Government to provide information on the implementation of a comprehensive programme on integrated inspection to enable collaboration between public service sector agencies in the application of the Employment Act 2006. The Committee notes the Government’s indication that public sector agencies conduct joint inspections of workplaces. However, the Government does not provide further information on the institutional modalities for this collaboration. The Committee requests the Government to provide information on the arrangements made to promote effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities, in accordance with Article 5(a) of the Convention.

Article 7(3). Training. The Committee notes the Government’s indication, in reply to the Committee’s previous request concerning staff development and training activities, that labour officers have been trained with the support of the ILO. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure that labour inspectors are adequately trained for the performance of their duties, in accordance with Article 7(3) of the Convention, including copies of any written training programmes plus a report of training sessions conducted specifying dates, subjects addressed, and number of participants.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the 2016 report on the audit undertaken by the auditor general of the Department of Occupational Safety and Health of the Ministry of Gender Labour and Social Development (MGLSD) on enforcement of OSH activities. The report indicates that there is limited information sharing between the MGLSD, the Ministry of Health and the Uganda Police Force, regarding statistics of occupational accidents, diseases, injuries and fatalities. The report recommends that the MGLSD engage the Ministry of Health and the Uganda Police Force to obtain up-to-date information relating to occupational accidents, diseases, injuries and fatalities so as to ascertain the relevant trends for developing and implementing interventions aimed at minimizing occupational accidents, diseases and injuries. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the labour inspectorate is notified of industrial accidents and cases of occupational disease as prescribed by Article 14 of the Convention.

Repetition

Articles 1 and 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comment, the Committee requested the Government to clarify whether following the adoption of new public procurement legislation, i.e. the Public Procurement and Disposal of Public Assets Act, 2003 and the Public Procurement and Disposal of Public Assets Regulations, 2003, the General Notice No. 9 of 1963 on fair wages which gave effect to the Convention with respect to contracts for public works was still in effect or whether it had been modified or replaced. In the absence of the Government’s reply on this point, the Committee once again requests the Government to specify the current status of the General Notice No. 9 of 1963 on fair wages and the standard Contract Agreement and Schedules of Conditions for Building Works, which previously implemented the Convention with respect to contracts for public works.

Moreover, the Committee notes that under the 2003 public procurement legislation, the Public Procurement and Disposal of Public Assets Authority (PPDA) has been established to advise the central and local governments and statutory bodies on all public procurement policies, principles and practices, as well as to prepare and issue authorized versions of the standardized tender documents. However, it remains unclear whether the PPDA has taken any action to ensure the insertion of labour clauses of the type prescribed by Article 2 of the Convention in the general and special conditions of contract or other common specification standards to be used by procurement entities.

In its latest report, the Government indicates that one of the strategies of the National Employment Policy, adopted in May 2011, is to integrate employment concerns in public works contracts and to improve the terms and conditions of work of those engaged in their execution. The Government also indicates that consideration will be given to labour clauses in public contracts in the context of the ongoing process to implement the National Employment Policy and harmonize the labour legislation. The Committee hopes that the Government will take the necessary measures to give effect to the core requirement of the Convention very shortly – either under the existing public procurement legislation or within the broader framework of the National Employment Policy – and requests it to keep the Office informed of any progress made in this respect.

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee noted that the definition of “wages” in section 2 of the Employment Act, 2006 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. With a view to implementing fully the principle of equal remuneration for work of equal value, the Committee requested the Government to amend the legislation to ensure that “remuneration” is defined so as to include the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. The Committee notes the Government’s statement, in its report, that amendments of the Employment Act, 2006 have been drafted which will address, inter alia, the concerns raised in relation to the definition of remuneration. The Committee requests the Government to provide information regarding the progress made to amend the legislation in order to ensure that “remuneration” is defined so as to include not only the ordinary, basic or minimum wage or salary but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. Please provide a copy of the amended legislation once adopted.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. Previously, the Committee requested the Government to provide details on the method and criteria used for the comprehensive job analysis undertaken for the entire public service, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales. It notes the Government’s reply that the method used by the Ministry of Public Service for job analysis included data collection and research to guide job analysis, consultations with stakeholders to obtain their input and ownership, development or review of the jobs, systems, and structures and submission of the proposal to Cabinet for approval before implementation. In this regard, the Committee recalls that the analytical method (also referred to as “point method”) – which allows for all the requirements of the jobs to be systematically examined, evaluated and compared, using common, precise and detailed criteria – is recognized as the most appropriate evaluation method for pay equity purposes (see the General Survey on the fundamental Conventions, 2012, paragraph 700). The Committee notes that the Government did not indicate if the method used by the Ministry of Public Service was analytical (based on a point system) and did not provide any information on the results achieved. The Committee once again requests the Government to indicate which type of method was used in that job evaluation exercise and how it is ensured that the criteria used are free of gender bias so that the evaluation factors, such as qualifications, efforts, responsibility and working conditions, in jobs predominantly occupied by women are not undervalued in comparison to those in jobs predominantly occupied by men. The Committee also requests the Government to provide information on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes that, in February 2019, the Parliament passed the Minimum Wage Bill, which sought to set up a minimum wage determination mechanism across different sectors of the economy, but that, in August 2019, the President declined to assent to the Bill and rejected it in its entirety. The Committee also notes the Government’s indication, in reply to its previous comment, that the Minimum Wages Advisory Board undertook a comprehensive study of the economy and that its report, making recommendations to the Government on the feasibility of fixing a minimum wage in the country, has been submitted to Cabinet for discussion and approval by the end of November 2019. In this regard, the Committee refers to the observation it adopted in 2018 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) by Uganda, where it noted with concern that the minimum wage, which was last set in 1984, had yet to be adjusted. In this regard, the Committee recalls that the setting of minimum wages is an important means by which the Convention is applied given that, as women predominate in low-wage employment and a uniform national minimum-wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see the 2012 General Survey, paragraphs 682–683). The Committee requests the Government to provide information on any progress made towards the adoption of minimum-wage schemes and on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration throughout the development of such schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the term of office of the Labour Advisory Board established in 2015 for three years expired and that the process of establishing a new board was in progress at the time of the Government’s report. The Committee requests the Government to provide information on the establishment of the new Labour Advisory Board as well as its activities and any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee notes the information provided by the Government on the Fifth Annual Report of the Equal Opportunity Commission.

Statistics. The Committee notes that, according to the National Labour Force Survey 2016–17, the median monthly cash earnings for persons whose main job is in paid employment was 450,000 and 400,000 Ugandan shilling (UGX) respectively for men and women workers in the public sector, whereas it was UGX 192,000 and UGX100,000 respectively in the private sector, that is, namely 1.9 times more for men than for women. However, it also notes that it is not indicated if these figures refer to the same number of hours worked per month. The Committee also notes that the Uganda Bureau of Statistics, in its Strategy for the Development of Gender Statistics 2018/19 – 2019/20, indicates that special surveys, such as gender pay gap surveys, can be conducted to capture gender statistics. The Committee requests the Government to indicate if any specific gender pay gap survey has been conducted and to provide any updated statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.

Repetition

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been referring to the following provisions of the national legislation, under which penal sanctions involving compulsory prison labour, by virtue of section 62 of the Prisons Regulations, may be imposed:

• – the Public Order and Security Act, No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence and subject to penalties involving compulsory labour; and
• – sections 54(2)(c), 55, 56 and 56(a) of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus render any speech, publication or activity on behalf of, or in support of, such a combination, illegal and punishable with imprisonment (involving an obligation to perform labour).

The Committee requested the Government to take the necessary measures to ensure that the above provisions are amended or repealed so as to ensure the compatibility of the legislation with the Convention.

The Committee notes the Government’s indication in its report that both the Public Order and Security Act and the Penal Code are in conformity with the Convention.

However, the Committee notes the statements made by a certain number of governments in the 2016 report of the Working Group on the Universal Periodic Review (report to the UN Human Rights Council (HRC)), recommending the amendment of the Public Order Management Act of 2013, in order to ensure full respect of freedom of association and peaceful demonstration (A/HRC/34/10, paragraphs 115.101, 117.8, 117.18 and 117.52). Moreover, the Committee notes that, according to the Report of the HRC of 2017, a certain number of stakeholders regretted that Uganda failed to fully implement its commitments from the first Universal Periodic Review regarding freedom of expression, peaceful assembly and association. They also expressed concern over physical assaults on journalists and the harassment of political activists as well as human rights defenders, and urged for reforms to the Penal Code, the Press and Journalists Act and the Public Order Management Act of 2013 (A/HRC/34/2, paragraphs 688, 692, 693 and 694).

The Committee further notes with concern that penalties of imprisonment (involving compulsory prison labour) may be imposed under the following provisions of the Public Order Management Act, 2013: section 5(8) (disobedience of statutory duty in case of organizing a public meeting without any reasonable excuse); and section 8(4) (disobedience of lawful orders during public meetings).

In this regard, the Committee is bound to recall that Article 1(a) of the Convention prohibits all recourse to sanctions involving an obligation to perform labour, as a means of political coercion or as a punishment for holding or expressing political views, or views ideologically opposed to the established political, social or economic system. It also points out that the protection conferred by the Convention is not limited to activities expressing or manifesting opinions diverging from established principles; even if certain activities aim to bring about fundamental changes in state institutions, such activities are covered by the Convention, as long as they do not resort to, or call for, violent means to these ends. In light of the above considerations, the Committee urges the Government to take the necessary measures to ensure that the abovementioned provisions of the Public Order and Security Act, No. 20 of 1967, the Penal Code, and the Public Order Management Act of 2013 are amended or repealed so as to ensure that no prison sentence entailing compulsory labour can be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. It requests the Government to provide information on measures taken in this regard.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for having participated in strikes. The Committee previously noted that the Labour Disputes (Arbitration and Settlement) Act, 2006, contains provisions concerning the resolution and settlement of labour disputes which could lead to the imposition of compulsory arbitration procedures, thus making strikes or other industrial action unlawful. Strikes may be declared unlawful, for example, where the minister or the labour officer refers a dispute to the Industrial Court (section 28(4)) or where the Industrial Court makes an award which has come into force (section 29(1)). The organization of strikes in these circumstances is punishable with imprisonment (involving compulsory prison labour) pursuant to sections 28(6), 29(2) and (3) of the Act, and the Committee accordingly reminded the Government that such penalties were not in conformity with the Convention. In addition, the Committee noted that, under section 34(5) of the Labour Disputes (Arbitration and Settlement) Act, 2006, the minister may refer disputes in essential services to the Industrial Court, thus making illegal any collective withdrawal of labour in such services, with violation of this prohibition being punishable with imprisonment (involving an obligation to perform labour) (section 33(1) and (2) of the Act). The Committee requested the Government to take the necessary measures to bring the abovementioned provisions of the Labour Disputes (Arbitration and Settlement) Act, 2006 into conformity with the Convention.

The Committee notes the absence of information on this point in the Government’s report. The Committee therefore once again requests the Government to take the necessary measures to bring the abovementioned provisions of the Labour Disputes (Arbitration and Settlement) Act, 2006, into conformity with the Convention, either by removing the penalties of imprisonment involving compulsory labour, or restricting their scope to essential services in the strict sense of the term (namely those services, the interruption of which would endanger the life, personal safety or health of the whole or part of the population), or to situations of acute national crisis. The Committee requests the Government to provide information on measures taken in this regard.

Repetition

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

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

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

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

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

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

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

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

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

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

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

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.

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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years of age for prostitution is prohibited, to impose criminal responsibility on clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 years of age who are used, procured or offered for prostitution are treated as victims rather than offenders. The Committee noted that the Director of the Directorate of Public Prosecutions had indicated that efforts were being made to amend the Children’s Act of 2000 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution.

The Committee notes with satisfaction that section 8A of the Children’s (Amendment) Act of 2016 provides that a person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature, whether remunerated or not. It notes that the perpetrator is liable to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding five years.

Clause (d). Hazardous types of work. Children working in mines. The Committee observes that, according to the UNICEF Situation analysis of 2015, the Karamoja region has a high incidence of child labour in hazardous mining conditions (page 13). The Committee also observes, from the UNICEF Annual Report of 2016, that 344 girls and 720 boys were removed from the worst forms of child labour, such as mining, as a result of the support of the Ministry of Gender, Labour and Social Development to the strategic plan for the national child helpline. Moreover, the Committee notes that section 8 of the Children’s (Amendment) Act of 2016 prohibits hazardous work, and that the list of hazardous occupations and activities in which the employment of children is not permitted (first schedule of the Employment of Children Regulations of 2012) includes the prohibition of children working in mining. The Committee notes with concern the situation of children working in mines under particularly hazardous conditions. The Committee urges the Government to take the necessary measures to ensure the effective application of the Children’s (Amendment) Act of 2016 and of the Employment of Children Regulations of 2012, so as to prevent children under 18 years of age from working in mines, and to provide the necessary and appropriate direct assistance for their removal.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Orphans and vulnerable children. The Committee previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee noted that orphans and vulnerable children (OVCs) in Uganda were recognized in both the Policy on orphans and other vulnerable children and the National Strategic Plan on OVCs. The Committee also noted that the policies and activities of the National Action Plan on Elimination of the Worst Forms of Child Labour in Uganda 2013–17 (NAP) include orphans and HIV/AIDS affected persons in its target groups. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to intensify its efforts to ensure that such children are protected from the worst forms of child labour.

The Committee notes the absence of information on this point in the Government’s report. The Committee however notes that, according to a report by the Uganda AIDS Commission, entitled: “The Uganda HIV and AIDS country progress report: July 2015–June 2016”, approximately 160,000 OVCs received social support services and a mapping of OVC actors was conducted, among other achievements. The Committee also notes that the Second National Development Plan 2015/16–2019/20 outlines two programmes to support OVCs: the SUNRISE–OVC (Strengthening the Ugandan National Response for Implementation of Services for OVCs), and the SCORE (Strengthening Community OVC Response). While taking due note of the strategic plans developed by the Government and the decrease in the number of OVCs, the Committee notes with concern that there are still approximately 660,000 HIV/AIDS orphans in Uganda, according to UNAIDS estimates for 2015. Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government once again to provide information on specific measures taken in this respect, particularly in the framework of the Policy on orphans and other vulnerable children, the National Strategic Plan on OVCs, the SUNRISE–OVC and the SCORE, and the results achieved.

2. Child domestic workers. The Committee previously noted that the list of hazardous occupations and activities prohibits the engagement of children under 18 years of age in several activities and hazardous tasks in the sector of domestic work. However, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, approximately 51,063 children, that is 10.07 per cent of the number of children aged 5–17 years engaged in hazardous work in Uganda, are domestic housekeepers, cleaners and helpers. In this regard, the Committee observed that domestic workers form a group targeted by the NAP, and requested the Government to provide information on the impact of the NAP on the protection of child domestic workers.

The Committee notes the absence of information from the Government in this regard. Recalling that children in domestic work are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee once again requests the Government to provide information on the impact of the NAP on the protection of child domestic workers, particularly the number of child domestic workers engaged in hazardous work who have benefited from initiatives taken in this regard.

3. Refugee children. The Committee observes that, according to the UNICEF Uganda situation report of 31 May 2017, there are over 730,000 refugee children in Uganda, among more than 1.2 million refugees. The Committee also observes from the joint Updated regional framework for the protection of South Sudanese and Sudanese refugee children (July 2015–June 2017), developed by UNHCR, UNICEF and NGOs, that South Sudanese and Sudanese refugee children are subjected to child labour in Uganda (page 5). The Committee finally notes that a Uganda Solidarity Summit on Refugees took place in Kampala in June 2017 to showcase the Uganda model of refugee protection and management, to highlight the emergency and long-term needs of the refugees and to mobilize resources. While acknowledging the difficult refugee situation prevailing in the country and the efforts provided by the Government, the Committee strongly urges the Government to take effective and time-bound measures as a matter of urgency to specifically protect refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes from the National Action Plan for Prevention of Trafficking in Persons in Uganda (NAP–PTIP), that Uganda is a source, transit and destination point for victims of trafficking in persons, including children. The Committee also notes that, according to the Government’s Annual Report on the trend of trafficking in persons in Uganda: 2013, 399 children were victims of internal trafficking and 80 children victims of transnational trafficking (paragraph 2.0). It also observes that the Crime Investigations and Intelligence Directorate (CIID) is the lead agency in the management of criminal reports related to trafficking in persons. In 2013, a total of 159 criminal cases related to trafficking in persons were registered by the police, including 33 taken to court and two convictions (paragraph 3.0(III)). The Committee requests the Government to continue to intensify its efforts to eliminate the trafficking of children and to take the necessary steps to ensure the thorough investigation and effective prosecution of all persons who engage in the sale and trafficking of children under 18 years of age and ensure that penalties constituting an effective deterrent are imposed in practice. It requests the Government to provide information on the number of investigations conducted, prosecutions carried out and convictions obtained under the Trafficking in Persons Act.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that there was not any legislative provisions specifically addressing the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances. The Committee noted that a draft bill on child pornography was being prepared by the Ministry of Ethics and Integrity, under the President’s Office.

The Committee notes with interest that section 14 of the Anti-Pornography Act of 2014 duly prohibits the use, procuring and offering of a child for the production of pornography. It notes that a person who commits this offence is liable on conviction to a fine not exceeding 750 “currency points” (one currency point under the law is equivalent to 20,000 Uganda shilling (UGX), which amount to US$5) or imprisonment not exceeding 15 years or both. Moreover, the Committee takes note of section 8(A) prohibiting the use of children in pornographic performances or materials.

Article 5. Monitoring mechanisms. Monitoring mechanisms to combat the trafficking of children. The Committee previously noted that section 20(1) of the Trafficking in Persons Act provides for the establishment of an office to be responsible for the coordination, monitoring and overseeing of this Act. Section 20(2) of the Act provides for the functions of this office, which include the training and awareness raising of government personnel, law enforcement officials and the public on the dangers of trafficking and on the protection available to the victims, as well as the consultation, coordination, cooperation and advocacy with governmental and non-governmental organizations to advance the objectives of the Act.

The Committee notes, with interest, that the Coordination Office for Prevention of Trafficking in Persons was established in 2013 within the Ministry of Internal Affairs (NAP–PTIP, page 4). The Committee requests the Government to provide information on the activities of this office, in particular in the framework of the National Plan and with regard to combating the sale and trafficking of children under 18 years of age for labour or commercial sexual exploitation, and on the results achieved in terms of the number of child victims of trafficking identified and protected.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013 (SLF–CAS), the net enrolment ratio in primary education is 76.5 per cent, and the net enrolment ratio in secondary education is 28.8 per cent. The Committee observed that the enrolment at the primary education level seems to have decreased, while the low rates of enrolment at the secondary education level still appear to indicate that an important number of children drop out after primary school. In this regard, the Committee noted that one of the implementation strategies of the National Action Plan on the elimination of the worst forms of child labour in Uganda (NAP) is to increase enrolment and completion of primary level education through several activities. Moreover, the Committee noted that Uganda was implementing, in collaboration with ILO–IPEC, the project entitled “Combating child labour through education”, which aims to contribute to the elimination of child labour by enhancing access to education. It noted that, in the framework of this project, the Education and Culture Ministry launched, in July 2013, the 12-year compulsory education programme Universal Secondary Education (USE), to give equal access to education for young persons between 16 and 18 years.

The Committee notes the absence of information in this regard in the Government’s report. The Committee however observes that, according to UNESCO estimates of 2013, there were approximately 470,000 children out of school and that the primary to secondary transition rate was only 53.9 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to pursue its efforts to improve the functioning of the education system in the country. In this regard, it once again requests the Government to provide information on the time-bound measures taken, particularly in the framework of the NAP, the Universal Primary Education (UPE) and the USE, to increase school attendance and reduce school drop-out rates for all children in order to protect them from the worst forms of child labour.

Clause (b). Provide the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. In its previous comments, the Committee noted that, in the framework of the ILO–IPEC Project of Support for the preparatory phase of the Uganda national Action Plan for the elimination of child labour (ILO–IPEC–SNAP), a total of 8,733 children were effectively prevented and withdrawn from the worst forms of child labour. It noted that, in the framework of the NAP, the fifth implementation strategy concerns the withdrawal, rehabilitation, and reintegration of children involved in the worst forms of child labour, including children in commercial sexual exploitation, in the informal economy, and in commercial agriculture. Noting the lack of information received on this matter, the Committee once again requests the Government to provide information on the number of children under 18 years of age who were effectively removed from the worst forms of child labour, particularly from commercial sexual exploitation and hazardous work in agriculture, and rehabilitated and socially integrated through the implementation of the NAP.

Repetition

Article 1 of the Convention. Coverage of all parts of the remuneration. The Committee notes that the definition of “wages” in section 2 of the Employment Act excludes “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee recalls that the definition of wages for the purposes of the Convention is very broad and that it intends to cover the benefits excluded under section 2 of the Employment Act. Since this Act is the main legislation implementing the Convention, the Committee requests the Government to indicate the measures taken to provide workers with the protection afforded in the Convention in relation to the elements of their remuneration which are excluded under section 2 of the Employment Act.

Article 4. Partial payment in kind. The Committee notes that sections 41(3) and 97(2)(i) of the Employment Act address the issue of partial payment of wages in kind and provide that the Minister may adopt regulations on this matter. It requests the Government to indicate whether such regulations have been adopted.

Article 7(2). Works stores. The Committee notes that section 41(4) of the Employment Act provides that an employee shall not be obliged to make use of any shops established by the employer for the use of his or her employees or services operated in connection with the undertaking. The Committee recalls that Article 7(2) requires that where access to other stores or services other than those operated by the employer is not possible, the competent authority shall take appropriate measures in order to ensure that goods and services are sold at a fair and reasonable price and in the interest of the workers. The Committee therefore requests the Government to indicate what measures are in place in order to ensure the application of this provision of the Convention.

Articles 8 and 10. Deductions from wages and attachment of wages. The Committee notes that section 46(1) of the Employment Act provides a list of authorized deductions from wages and that section 46(3) provides that attachment of wages shall be limited to no more than two-thirds of all remuneration due in respect of a specific pay period. The Committee therefore notes that, while there is an overall limit on attachment of wages, there is no such limit for deductions from wages. In this regard, the Committee recalls that, in addition to setting specific limits for each type of deduction, it is also important to establish an overall limit beyond which wages cannot be further reduced, in order to protect the income of workers in the case of multiple deductions. The Committee therefore requests the Government to take the necessary measures for the establishment of specific and overall limits to deductions from wages.

Article 12(1). Regular payment of wages. With reference to its previous request concerning the issue of irregular payment of wages, the Committee notes that the Government merely repeats in its report the information previously provided. In relation to the lack of a functional Industrial Court, which had been noted in its previous comments, the Committee notes that information is available on the Court’s website indicating that a number of awards have been adopted since 2015. It also notes that two judges and the registrar of the Court have participated in a training activity on international labour standards delivered by the International Training Centre of the ILO in Turin in June 2017. In this context, the Committee once again requests the Government to provide up to date information on the situation of wage arrears in the country, including data on the number of workers affected by non-payment or delayed payment of wages, the sectors concerned and the results of labour inspections on these issues, and to indicate whether the Industrial Court has been dealing with any such cases.

Article 14(a). Information on wages before entering employment. The Committee notes that section 59 of the Employment Act provides that an employee shall receive from the employer information on wages not later than 12 weeks after the date on which employment commences. The Committee recalls that Article 14(a) requires effective measures to be taken in order to ensure that employees are informed of the conditions in respect of wages before they enter employment. The Committee therefore requests the Government to indicate which measures are in place in order to ensure full implementation of this Article of the Convention.