Effect given to the recommendations of the committee and the Governing Body - Report No 336, March 2005

Case No 1996 (Uganda) - Complaint date: 24-NOV-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 90. The Committee last examined this case at its March 2004 session, where it deplored that, more than four years after the first examination of the case and after repeated demands, some issues were still pending. Recalling that the Uganda Textile, Garments, Leather and Allied Workers' Union (UTGLAWU) was the most representative, if not the sole, organization of workers in the textile sector in Uganda, the Committee once again requested the Government to speed up the process concerning the recognition of the UTGLAWU at Southern Range Nyanza Ltd., and to take measures to remedy this situation. The Committee further requested the Government to provide information: on various legal proceedings filed by the UTGLAWU against a number of companies (Vitafoam Ltd.; Leather Industries of Uganda; Kimkoa Industry Ltd.; Tuf Foam (Uganda) Ltd.; and Marine and Agro Export Processing Co. Ltd.) to obtain recognition for collective bargaining purposes; and on the adoption of two draft bills amending some provisions of the Trade Unions Decree [see 333rd Report, paras. 96-101].
2. 91. In a communication dated 12 January 2005, the Government indicates that it has always pursued a policy of consultation, dialogue and education as a strategy for dealing with disputes relating to non-recognition of trade unions. In this spirit, the UTGLAWU and Southern Range Nyanza Ltd. were given ample time to negotiate, but this has not worked. The Government further states that section 17(2) and (3) of the Trade Unions Act, 2000, which provide for compulsory recognition of a union by an employer, are not applied in practice. The Government adds that it has exhausted all appropriate conciliatory measures, to no avail; the next step is arbitration by the Industrial Court, where the process is under way.
3. 92. As regards the Labour Disputes (Arbitration and Settlement) Bill, and the Labour Unions Bill, elaborated with a view to amending some provisions of the Trade Unions Decree that are inconsistent with freedom of association principles, the Government states that the principles for these Bills are now under consideration of the Ministry of Finance for clearance of financial implications. A certificate will be issued to enable the Ministry of Labour to submit these bills to Cabinet for consideration and adoption.
4. 93. The Committee takes note of the Government's reply. Pointing out that more than six years have now elapsed since the filing of this complaint, without tangible results, the Committee must emphasize, once again, that employers should recognize, for collective bargaining purposes, the representative organizations of the workers employed by them or organizations that are representative of workers in a particular industry [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 821, 823 and 824]. In this connection, the Committee notes with regret that the Government merely states that the provisions of the Trade Union Act that are meant to remedy those situations of refusal to recognize a representative union "are not applied in practice", and stresses that the major responsibility for having such legislation applied in practice rests with the Government. Noting further that the matter is pending before the Industrial Court, the Committee trusts that the latter will handle a decision in the very near future, in view of the inordinate delays already incurred, and requests the Government to provide it as soon as possible with a copy of the said judgment.
5. 94. Noting that the Bills amending some provisions of the Trade Unions Decree that are inconsistent with freedom of association principles, will be submitted to Cabinet for consideration and adoption, after clearance by the Ministry of Finance, the Committee trusts that these Bills will be adopted in the very near future and requests the Government to provide it with a copy of these Bills as soon as they are adopted.
6. 95. The Committee notes that the Government has not yet provided any information on the legal proceedings filed by the UTGLAWU against a number of companies (Vitafoam Ltd.; Leather Industries of Uganda; Kimkoa Industry Ltd.; Tuf Foam (Uganda) Ltd.; and Marine and Agro Export Processing Co. Ltd.) in order to obtain recognition for collective bargaining purposes. The Committee urges once again the Government to provide without delay information on these legal proceedings.