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

Other comments on C138

Observation

Direct Request

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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.]