CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Uganda (RATIFICATION: 1963)

Other comments on C105

Observation

Direct Request

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The Committee notes with regret that the Government’s report, which was due since 2019, does not contain replies to its previous comments. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

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. 1. Non-Governmental Organizations (NGO) Act, 2016. The Committee notes that according to sections 44(f) and (g) of the Non-Governmental Organizations Act of 2016, an organization shall not engage in any act which is prejudicial to the interests of Uganda and the dignity of the people of Uganda; or be non-partisan and shall not to engage in fundraising or campaigning to support or oppose any political party or candidate for an appointive office or elective political office. Section 40 provides for penalties of a fine or imprisonment for any person who engages in any activity prohibited by the Act. The Committee requests the Government to provide information on the application in practice of section 40 of the Non-Governmental Organizations Act, 2016, particularly regarding prosecutions initiated and sentences of imprisonment handed down pursuant to this provision, as well the facts underlying the convictions.

2. Anti-Terrorism Act, 2002. The Committee notes that under section 11 of the Anti-Terrorism Act, 2002, as amended, any person who belongs to, supports or arranges meetings for a terrorist organization is liable to a sentence of imprisonment (during which prison labour may be imposed) and/or a fine. According to section 12 of the Act, any person who solicits, receives from, or makes available to any other person money or other property, with the intention of using it for the commission of acts of terrorism or having reasonable grounds to suspect that it may be so used, commits an offence and is punishable with imprisonment (section 16). Section 7 lists the acts that are considered acts of terrorism, when committed for purposes of influencing the Government or intimidating the public or a section of the public and for political, religious, social or economic aims, indiscriminately without due regard to the safety of others or property. The Committee observes that these acts include the following:

–intentional and unlawful provision or collection of funds, whether attempted or actual, with the intention or knowledge that any part of the funds may be used to carry out any of the terrorist activities under this Act (section 7(2)(d));
–serious interference with or disruption of an electronic system (section 7(2)(g)).

The Committee notes that, on 29 December 2020, a number of United Nations human rights experts referred to the freezing of the assets of four non-governmental organizations on charges of financing terrorism. The UN experts stressed that combatting terrorism should never be used as a justification to undermine the credibility of associations or to unduly impede their work. The Committee requests the Government to provide information on the application in practice of sections 11 and 12 of the Anti-Terrorism Act, read in conjunction with sections 7(2)(d) and (g), specifying the number of prosecutions made under these provisions, the grounds for prosecution, and the type of penalties imposed. It requests the Government toensure that the provisions referred to above are not used to punish persons who peacefully express views ideologically opposed to the established political, social or economic system with penalties of imprisonment, which involve compulsory prison labour.