CMNT_TITLE_CAS

A Government representative stated that his Government was committed to addressing the problems raised by the Committee of Experts. Regarding the abductions of children by the Lords' Resistance Army (LRA), the Government was making efforts to bring this situation under control, and would turn over the leadership of the LRA to the International Criminal Court once apprehended. Furthermore, Uganda had ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and had taken steps to implement it. The parties to the armed conflict were being sensitized to their responsibilities. The speaker further stated that Uganda had a robust legal framework to fight forced labour. Article 25 of the Constitution prohibited torture and cruel, inhuman or degrading treatment or punishment. The Children Act of 2000 also provided for the protection of children from violence and abuse. The new Employment Act which had just received Presidential assent also prohibited forced labour. Moreover, there was a joint effort by the Government, civil society, development partners and NGOs to improve the human rights situation in the country. The Uganda Human Rights Commission investigated complaints and promoted public awareness of human rights. Furthermore, a psychosocial support programme for the care of children in conflict areas had been expanded to cover numerous districts in the conflict areas. Similarly, a national core group for psychosocial support had been established with representation from Government, districts, NGOs and donors. This body was responsible for advocacy against killing, abduction and conflict-related child abuse. In addition, the speaker pointed out that Save the Children from Denmark and Sweden, in collaboration with the Uganda People's Defence Force (UPDF) and the Gulu Support Children Organization (GUSCO), had been implementing a project within the UPDF which included training officers in the UPDF's Child Protection Unit and in the UPDF leadership. There was also a children's desk within the UPDF Fourth Division Headquarters that had been elevated to a unit.

Finally, the speaker underlined recent efforts to bring about peace in the region. A Joint Forum for Peace had been formed in the Kitgum District with the aim of seeking a peaceful resolution of the conflict in the north. The Governments of Uganda and Sudan had signed an agreement in Nairobi in December 1999 for the return of children abducted from Uganda and taken to Sudan by the LRA. As a result of these efforts, and due to pressure from the UPDF in the north, no serious cases of abduction had been reported in the last six months. Internally displaced persons had started returning to their homes. Children that had been affected by the conflict would be reintegrated into their communities and provided schooling and skills training for future livelihood. Turning to the question of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the speaker pointed out that these regulations had been replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations (No. 6 of 1993). Under section 28(1) of these regulations, the Commission Board could permit army officers to resign their commission in writing at any stage of service or to retire on pension after a minimum of 13 years of reckonable service. Officers were entitled to retrenchment benefits on completion of three years of service under regulation 30(1). Retirement could therefore be initiated by officers by applying and giving reasons why they intended to quit. The Board would consider the reasons and, if adequate, give permission to do so. The speaker also noted that the Armed Forces (Conditions of Service) (Men) Regulations of 1969 had been repealed by the National Resistance Army (Conditions of Service) (Men) Regulations (No. 7 of 1993), which prohibited persons under 18 years of age or above 30 to be employed in the armed forces. Consequently children were not allowed in the Ugandan Army. Finally, the speaker stated that the Prison Act requested by the Committee of Experts would be supplied to the Office, as well as other legislation.

The Worker members emphasized that it was the first time that the Committee had examined the case of the application of Convention No. 29 by Uganda. The Committee of Experts had been raising the same concerns about the application of the Convention for several years. Its comments concerned five points, namely: the situation of child soldiers in the northern part of the country; the compulsory placement of unemployed workers in rural areas on agricultural enterprises; the right of career members of the armed forces to resign from a voluntary engagement in the army; the mandatory term of service of men under the apparent age of 18 years enrolled in the army; and the employment of prisoners. With regard to the situation of child soldiers in the northern part of the country, in its last reports the Government had indicated the measures that it had taken to protect children against abduction and enrolment in militias, such as the Lords' Resistance Army (LRA). It had also indicated that it had ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and had taken other action, including legislative measures. However, although the Government maintained that, for the past six months, no children had been enrolled, forced to work or serve as sentries, soldiers or concubines, or been subjected to acts of violence, rape or even murder, the problems that persisted in the field were so widespread and so serious that it was difficult to understand why the Government had not given effect to the recommendations of the Committee of Experts. The Government had also indicated that it had taken action to raise public awareness of the forced labour of children. These measures were insufficient. The rules had to be enforced and the perpetrators of such practices punished. In this respect, the Government representative had referred to the recent adoption of an amnesty law relating to forced labour. However, the objective was to eliminate forced labour and this legislation, although important, did not appear to be a measure that would achieve this objective. Furthermore, the Government representative had referred to the work of non-governmental and other civil society organizations. It was, however, for the Government to meet its obligations and it could barely do so by simply referring to the work of non-governmental organizations. It was therefore urgent for the Government to take tangible steps to ensure that penal sanctions were imposed on those responsible for the exaction of forced labour, in accordance with Article 25 of the Convention.

With regard to the placement of unemployed workers in rural areas on agricultural enterprises to discharge certain services provided for in the Decree of 1975, the Government had announced that the Decree would be repealed in the near future. However, despite previous requests, the Government had still not communicated the text repealing the Decree and had only reiterated the information supplied previously to the Committee of Experts. Finally, with regard to the right of career members of the armed services to resign from a voluntary engagement in the army, the mandatory term of service of persons under the apparent age of 18 years enrolled in the army and the employment of prisoners, the Government representative had also stated that legislation had been adopted and would be supplied to the Office. In view of all the questions that remained unanswered, the Worker members urged the Government to explain why information that was supposed to be available had still not been supplied to the Office.

The Employer members agreed with the Worker members that the information provided by the Government had left many questions unanswered. They noted that the Government had not provided its report on the application of the Convention and that it was on the list of cases, in part, for this reason. Furthermore, since 1992, the case had not been discussed in the Conference Committee. However, in light of the Committee of Experts' observation regarding the exaction of forced labour from children in connection with armed conflict, it appeared to be time for the Conference Committee to discuss it. They emphasized that the Convention required the suppression of the use of forced labour in all forms, and that illegal practices had to be made a punishable offence. It also required that the penalties imposed by law were adequate and strictly enforced. For the purpose of the Convention, forced labour meant all work or service which was exacted from any person under the menace of any penalty and for which the said person had not offered himself voluntarily. Uganda had ratified Convention No. 29 in 1963 and was therefore bound by its requirements. The Employer members further indicated that in northern Uganda, the LRA had engaged in the practice of abducting children and forcing them to perform a number of functions, ranging from active combat to various support roles in armed conflict. For abducted girls, this had involved sexual exploitation by LRA commanders. The Committee of Experts had noted that these abducted children had been forced to work as guards, soldiers and concubines for the LRA. The abductions had also been associated with the murder, assault and rape of these children. In their findings, the Committee of Experts had referred to UNICEF's report of 1998, which indicated that over 14,000 children had been abducted in northern Uganda. More recently, the ILO Global Report of 2005 had estimated that a total of approximately 20,000 children had been abducted in northern Uganda. The Employer members welcomed the information provided by the Government representative and noted with interest the Government's efforts to improve the situation of forced labour in connection with the abduction of children for use in armed conflict. More specifically, they noted with interest that the Government had ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (2000), and that it had undertaken awareness campaigns on this Protocol.

Nevertheless, the Employer members also noted with concern that the Government had not provided the ILO with a report on Convention No. 29 this year outlining the measures that it had taken to ensure its compliance with the Convention. The work of the Conference Committee was based on the factual findings of the Committee of Experts after reviewing the information available. However, even taking into account the information provided by the Government representative, it had to be concluded that there was not enough information available to assess whether progress had been made regarding the very serious situation of abductions of children for use in armed conflict. Secondly, the continued existence of the practices of the abduction and exaction of forced labour of children in connection with armed conflict constituted a serious violation of the Convention. The Government representative had referred to the reduction in abductions, but not to its elimination. This was simply not good enough. Therefore, while having noted the efforts made by the Government to eliminate these practices, the Employer members urged the Government to take immediate measures to eliminate all practices of forced labour, with specific regard to the forced labour of children in connection with armed conflict. They also urged the Government to ensure that the penalties in connection with the exaction of forced labour were strictly enforced. Finally, they hoped that the Government would make every effort to provide a full report regarding the progress made in the implementation of the measures that the Government representative had described.

The Worker member of Swaziland recalled that Uganda had ratified the ILO Conventions concerning forced labour over 40 years ago. He emphasized that the ratification of a Convention was a voluntary decision through which a ratifying State committed itself to enact and enforce in law and in practice the provisions of this Convention. It was therefore unacceptable that the same Government would deliberately abdicate its responsibility for submitting annual reports to the ILO, as reflected in the comments of the Committee of Experts. Forced labour was not only degrading, dehumanizing and unjust; it also went against every principle of the ILO Decent Work Agenda, which was at the heart of the Organization. It was saddening that the comments of the Committee of Experts concerned not only the exaction of forced labour from adults, but also from children between the ages of 8 and 15 years who were also subjected to rape and sexual molestation. As the Government had ratified both ILO Conventions concerning forced labour and the Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, it was shocking that in 1975 the Government had passed a decree prohibiting forced labour victims from leaving farms without the consent of the perpetrators. It was also a matter of concern that only four years after the ratification of the forced labour instruments, the Government had passed the Public Order and Security Act of 1967, which authorized the Executive to deny individuals their freedom of association and assembly, clearly embarking on a state of emergency and the direct suppression of the fundamental rights of workers and the people of Uganda. Sections 54(2)(c), 55 and 56 of the Penal Code gave the Minister arbitrary powers to ban the right of assembly. Furthermore, the Trade Dispute Act of 1964 banned the right of essential service workers from resigning unless by consent. Denial of such rights was tantamount to legitimizing forced labour, which made a mockery of the ratification of the forced labour Conventions. He therefore called upon the Government: to submit all the annual reports on all ratified Conventions, and in particular Conventions Nos. 29 and 105, to the ILO; to prosecute the perpetrators of the abduction of children and violators of the forced labour Conventions; to enforce in law and in practice all the Conventions, and particularly ILO Conventions Nos. 29 and 105, as well as the United Nations Protocol; to repeal the Public Order and Security Act of 1967, sections 54-56 of the Penal Code, and section 16(1)(a) of the Trade Dispute Act of 1964; and to resuscitate the programme of rehabilitating and reuniting abducted children with their families.

The Worker member of Senegal indicated that the Government of Uganda had been called before the Committee to answer for grave violations of Convention No. 29. Notwithstanding the new information supplied by the Government representative, the situation described by the Committee of Experts in its observation, namely the LRA abducting boys to convert them into child soldiers and girls into sexual slaves, still persisted. Thus, out of fear of kidnapping, over 25,000 children left their villages at night, walked to the town and gathered in shelters managed by humanitarian organizations. The next morning, they returned to their villages to go to school. An explanation was needed as to why a competent army had not been able to repulse a guerrilla force of a few hundred rebels, of whom 80 per cent were child soldiers. The Government needed to demonstrate a real commitment to bringing to an end a serious violation of Convention No. 29. In its report in 2000, the Government had indicated that abductions were occurring in the north of the country. Furthermore, the International Criminal Court had received a complaint communicated by the authorities and had issued an arrest warrant against the LRA. The Government needed to take the necessary measures to reintegrate the abducted children into children's centres. Moreover, the problems of the employment of prisoners and that of the duration of the engagement of those enrolled in the army under the apparent age of 18 years were matters of concern, but the Government had not provided information on them. The Government needed to take measures so that its communication with the Committee of Experts was transparent, as this was the only way of ensuring the application of standards. He indicated that the information provided by Government representative concerning the promulgation of new laws for the elimination of forced labour needed to be verified. The Government needed to take appropriate measures to put an end to practices that were contrary to the Convention and to ensure, in conformity with Article 25 of the Convention, that those guilty of the imposition of forced labour were punished for penal offence. The examination of this case by the Committee of Experts was justified as the Government had not resolved the issue of force labour in Uganda which represented a veritable human tragedy that affected both girls and boys.

The Government representative thanked the members of the Committee for their comments, indicating that he would be pleased to provide additional information. He apologized for the late submission of the Government's report, which had been received by the Office on 2 June 2006. This report contained information on ILO Conventions Nos. 17, 26, 29, 81, 105, 123, 138, 143, 159 and 182. He also apologized for the fact that copies of the relevant legislation had not been available, and indicated that they would be provided during the Committee's session. He indicated that his first intervention had been confined to the question of the forced labour of children in armed conflict and the abduction of these children by the Lords' Resistance Army (LRA). Concerning the verification of the information that he had provided, he indicated that a joint monitoring and verification team had been established, composed of government representatives, as well as other relevant partners. This team was now operating in the affected areas. On the question of sanctions imposed on persons who had exacted forced labour, he indicated that the Amnesty law had been passed in 2000 as part of the peace process and had been extended until May 2008, while the case before the International Criminal Court was still standing. In addition, he informed the Committee that the Decree concerning workers in farm settlements was a "dead law" with no single case affected out of it, and that the current Parliament intended to repeal it.

With regard to the persistence of the practice of abductions, he referred to the Government's continued efforts at the international, regional and national levels in this regard, as well as in the areas where the abductions were perpetrated. Furthermore, he informed the Committee that following the re-establishment of peace, internally displaced persons (IDPs) were being resettled in the Lira, Apac and Soroti and Katakwi districts, and expressed the hope that similar resettlement efforts could also be carried out in other areas. This responded directly to the recommendation made to the Government to ensure the total elimination of forced labour. On the question of appropriate penal sanctions, he indicated that rebels who did not abide by the Amnesty law would definitely be sanctioned. He also informed the Committee that the integration of formerly abducted children was an ongoing process, through various programmes on the ground. International NGOs were also supporting the Government in the integration of these children back into their communities. He concluded by informing the Committee that his Government was committed to providing more detailed information at an appropriate time, and had taken note of the information required by the Committee.

The Employer members thanked the Government representative for his reply to the various issues raised, noting the Government's efforts to improve the situation of forced labour, with particular reference to the abduction of children for use in armed conflict. They suggested that the Committee should note in its conclusions the measures taken by the Government to address the question of forced labour in armed conflict. However, the conclusions should also note the continued existence of the practice of the abduction of children for the purposes of exacting forced labour, which continued to constitute a gross violation of the Convention. They noted the reference by the Government representative to the reintegration of children in conflict and non-conflict areas, the progress made in the development of national legislation and its continued commitment to the peace process. However, they also expressed disappointment that the Government representative had referred to the reduction of forced labour, not the elimination of forced labour, and that the Government did not provide more information regarding the efforts made to enforce penalties on those who were responsible for the exaction of forced labour. Therefore, they suggested that the Committee repeat its request that the Government eliminate all forced labour, in particular the use of children in armed conflict. The Employer members suggested that in its conclusions the Committee should urge the Government to ensure the strict enforcement of penalties against those persons who had exacted forced labour. They also expressed the hope that the Government would provide a full report to the Committee of Experts on the progress achieved in the implementation of the Convention.

The Worker members stated that the situation of child soldiers in the north of Uganda remained a matter of great concern. Despite the Government's statements, it was impossible to verify whether measures had really been taken to resolve the problem and to ensure the reintegration of child soldiers. As it had been requested by the Committee of Experts in its observation, the Government needed to take proactive measures, in accordance with Article 25 of the Convention. With regard to the other issues raised by the Committee of Experts, the situation remained unchanged. The Government continued to make statements without any firm indication that the situation had improved. The Government's attitude, which was to confine itself to making statements without bothering to put them into effect, could lead to the belief that it did not take the work of the Committee, or its own commitments, seriously. On innumerable occasions the Committee had criticized this type of attitude, which was contrary to the spirit of cooperation that existed within the Organization. It was to be hoped that the Government would provide the Committee of Experts with the information supplied orally by the Government representative, as well as any other information that would enable it to verify the Government's statements so that it could undertake a complete examination of the situation in the country.

The Committee took note of the information provided by the Government representative and of the discussion which ensued. It expressed its deep concern about the situation of the armed conflict in the northern part of the country, associated with continuing cases of abduction of thousands of children, who were forced to provide work and services, such abductions being connected with killings, beatings and rape of these children, who were forced to become a part of the conflict, either as child soldiers, human shields and hostages, or victims of sexual exploitation.

The Committee took note of the Government's statement concerning its commitment to put an end to these practices and, in particular, of the joint effort taken by the Government, civil society, development partners and NGOs to improve the human rights situation in the country. It took note of the information concerning certain legislative measures, such as the adoption of the Amnesty Law and the prohibition of forced labour in the new Employment Act, as well as the positive measures taken, such as sensitization of communities, political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; initiation of the Psychological Support Programme for the care of children in conflict areas and their families. The Committee took note of the information concerning the project implemented jointly by Save the Children (Denmark) and Save the Children (Sweden) in collaboration with the Uganda People's Defence Force (UPDF), with the aim of promoting the observance of the rights of children affected by armed conflict. It also took note of the ratification by the Government of the optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2002, and of the fact that the Government had communicated its first report on the application of Convention No. 182. The Committee welcomed the signing by the Governments of Uganda and Sudan of the agreement in Nairobi for the return of children abducted from northern Uganda, as well as the creation of the Joint Forum for Peace in Kitgum district with the aim of seeking a peaceful resolution of the conflict in the north.

While noting the Government's statement concerning its willingness to combat these practices, as well as the positive measures taken, the Committee was bound to observe that the continuing existence of the practices of abductions and the exaction of forced labour constituted gross violations of the Convention, since the victims were forced to perform labour for which they had not offered themselves voluntarily, under extremely harsh conditions combined with ill-treatment which could include torture and death, as well as sexual exploitation. The Conference Committee therefore urged the Government, as the Committee of Experts has done on several occasions, to take effective and prompt action, not just to reduce, but to eliminate these practices and to ensure that, in accordance with the Convention, forced labour was punishable as a penal offence and that the penalties imposed by law were strictly enforced, and to supply detailed information on the law enforcement for the examination by the Committee of Experts.

As regards other measures taken by the Government to improve its legislation, in particular, provisions governing resignation from the armed forces, the information provided by the Government representative would be transmitted to the Committee of Experts for examination.

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

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:

Article 2(2)(c) of the Convention. Prison labour. The Committee has noted that, under section 44(1) of the Prisons Act (Cap. 304), prisoners must work at such labour as may be directed by the officer in charge, with the general approval of the commissioner, and the labour may take place outside cells. As the Government indicated previously, prisoners may work outside prison premises, with the approval of the commissioner, but they are not supposed to be hired to or placed at the disposal of private individuals, companies or associations, though sometimes they are required to perform a public duty for the good of the community, such as construction of shelters for public gatherings. While having noted these indications, the Committee requests the Government to supply, with its next report, a copy of rules made by the minister under section 74(e) of the Prisons Act concerning employment of prisoners.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1(1) and 2(1) of the Convention. 1. Legislation concerning compulsory placement of unemployed persons on agricultural enterprises in rural areas. For a number of years, the Committee has been referring to section 2(1) of the Community Farm Settlement Decree, 1975, under which any unemployed able-bodied person may be settled on any farm settlement and required to render service; section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without authorization. The Committee previously noted the Government’s indication in its report that the abovementioned Decree was in the process of being repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission. The Committee has also noted from the statement of the Government representative before the Conference Committee on the Application of Standards in June 2006, that the 1975 Decree is a “dead law” which is not applied in practice, and that the current Parliament intends to repeal it. While having noted these indications, the Committee expresses the firm hope that the Community Farm Settlement Decree, 1975, will be repealed in the near future, in order to bring the legislation into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the repealing text, as soon as it is adopted.

2. Freedom of career military officers to leave their service. The Committee previously noted the Government’s indication that the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, were replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations, No. 6 of 1993 (now the Uganda Peoples’ Defence Forces (Conditions of Service) (Officers) Regulations). The Committee has noted that section 28(1) of these Regulations contains a provision (which is similar to a corresponding provision of the repealed Regulations) under which the Board may permit officers to resign their commission in writing at any stage during their service. The Committee has noted the Government’s repeated indication in its reports, which was also confirmed by the Government representative in his statement before the Conference Committee in June 2006, that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant a permission to resign.

The Committee observes that it follows from the wording of section 28(1) that the application to resign may be either accepted or refused. It refers to the explanations provided in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, where it pointed out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore expresses the firm hope that the necessary measures will be taken with a view to amending section 28(1) of the above Regulations, so as to bring it into conformity with the Convention. Pending such amendment, the Committee again requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, as well as the number of resignations accepted and refused.

3. Military service of persons enrolled below the age of 18 years. The Committee previously noted the Government’s indication in its report that the Armed Forces (Conditions of Service) (Men) Regulations, 1969, which provided that the term of service of persons enrolled below the age of 18 years might be extended until they are 30 years old, was repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993. The Government indicated that section 5(4) of these Regulations prohibits a person below the age of 18 years or above 30 years to be employed in the armed forces. While having noted these indications, the Committee again requests the Government to supply a copy of Regulations No. 7, 1993, with its next report.

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

CMNT_TITLE

The Committee notes 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:

Article 2, paragraph 2(c), of the Convention. Prison labour. The Committee has noted the information concerning employment of prisoners provided by the Government, as well as the Prisons Act (Cap. 304) communicated by the Government. It has noted that, under section 44(1) of the Act, prisoners must work at such labour as may be directed by the officer in charge, with the general approval of the commissioner, and the labour may take place outside cells. As the Government indicated previously, prisoners may work outside prison premises, with the approval of the commissioner, but they are not supposed to be hired to or placed at the disposal of private individuals, companies or associations, though sometimes they are required to perform a public duty for the good of the community, such as construction of shelters for public gatherings. While having noted these indications, the Committee requests the Government to supply, with its next report, a copy of rules made by the minister under section 74(e) of the Prisons Act concerning employment of prisoners.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1, paragraph 1, and 2, paragraph 1 of the Convention. Legislation concerning compulsory placement of unemployed persons on agricultural enterprises in rural areas. For a number of years, the Committee has been referring to section 2(1) of the Community Farm Settlement Decree, 1975, under which any unemployed able-bodied person may be settled on any farm settlement and required to render service; section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without authorization. The Committee previously noted the Government’s indication in its report that the abovementioned Decree was in the process of being repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission. The Committee has also noted from the statement of the Government representative before the Conference Committee on the Application of Standards in June 2006, that the 1975 Decree is a “dead law” which is not applied in practice, and that the current Parliament intends to repeal it. While having noted these indications, the Committee expresses the firm hope that the Community Farm Settlement Decree, 1975, will be repealed in the near future, in order to bring the legislation into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the repealing text, as soon as it is adopted.

Freedom of career military officers to leave their service. The Committee previously noted the Government’s indication that the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, were replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations, No. 6 of 1993 (now the Uganda Peoples’ Defence Forces (Conditions of Service) (Officers) Regulations). The Committee has noted that section 28(1) of these Regulations contains a provision (which is similar to a corresponding provision of the repealed Regulations) under which the Board may permit officers to resign their commission in writing at any stage during their service. The Committee has noted the Government’s repeated indication in its reports, which was also confirmed by the Government representative in his statement before the Conference Committee in June 2006, that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant a permission to resign.

The Committee observes that it follows from the wording of section 28(1) that the application to resign may be either accepted or refused. It refers to the explanations provided in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, where it pointed out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore expresses the firm hope that the necessary measures will be taken with a view to amending section 28(1) of the above Regulations, so as to bring it into conformity with the Convention. Pending such amendment, the Committee again requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, as well as the number of resignations accepted and refused.

Military service of persons enrolled below the age of 18 years. The Committee previously noted the Government’s indication in its report that the Armed Forces (Conditions of Service) (Men) Regulations, 1969, which provided that the term of service of persons enrolled below the age of 18 years might be extended until they are 30 years old, was repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993. The Government indicated that section 5(4) of these Regulations prohibits a person below the age of 18 years or above 30 years to be employed in the armed forces. While having noted these indications, the Committee again requests the Government to supply a copy of Regulations No. 7, 1993, with its next report.

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

CMNT_TITLE

Article 2(2)(c) of the Convention. Prison labour. The Committee has noted the information concerning employment of prisoners provided by the Government, as well as the Prisons Act (Cap. 304) communicated by the Government. It has noted that, under section 44(1) of the Act, prisoners must work at such labour as may be directed by the officer in charge, with the general approval of the commissioner, and the labour may take place outside cells. As the Government indicated previously, prisoners may work outside prison premises, with the approval of the commissioner, but they are not supposed to be hired to or placed at the disposal of private individuals, companies or associations, though sometimes they are required to perform a public duty for the good of the community, such as construction of shelters for public gatherings. While having noted these indications, the Committee requests the Government to supply, with its next report, a copy of rules made by the minister under section 74(e) of the Prisons Act concerning employment of prisoners.

CMNT_TITLE

The Committee has noted the Government’s report, as well as the discussion which took place in the Conference Committee on the Application of Standards in June 2006.

Articles 1(1), 2(1) and 25 of the Convention. Abductions of children and forced labour practices in connection with armed conflict. In its earlier comments, the Committee expressed concern about numerous cases of abductions of thousands of children, in connection with armed conflict in the northern part of the country, for the purpose of exploitation of their labour. Abducted children were forced to provide work and services as guards, soldiers and concubines, such abductions being connected with killings, beatings and rape of these children. The Committee observed that continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention, since the victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill treatment which may include torture and death, as well as sexual exploitation. The Committee therefore urged the Government to take effective and prompt action in order to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

The Committee recalls that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour”, the Committee is of the view that the problem of the forced labour of children may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its 2007 comments on the application of Convention No. 182.

Articles 1(1) and 2(1). 1. Legislation concerning compulsory placement of unemployed persons on agricultural enterprises in rural areas. For a number of years, the Committee has been referring to section 2(1) of the Community Farm Settlement Decree, 1975, under which any unemployed able-bodied person may be settled on any farm settlement and required to render service; section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without authorization. The Committee previously noted the Government’s indication in its report that the abovementioned Decree was in the process of being repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission. The Committee has also noted from the statement of the Government representative before the Conference Committee on the Application of Standards in June 2006, that the 1975 Decree is a “dead law” which is not applied in practice, and that the current Parliament intends to repeal it. While having noted these indications, the Committee expresses the firm hope that the Community Farm Settlement Decree, 1975, will be repealed in the near future, in order to bring the legislation into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the repealing text, as soon as it is adopted.

2. Freedom of career military officers to leave their service. The Committee previously noted the Government’s indication that the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, were replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations,
No. 6 of 1993 (now the Uganda Peoples’ Defence Forces (Conditions of Service) (Officers) Regulations). The Committee has noted that section 28(1) of these Regulations contains a provision (which is similar to a corresponding provision of the repealed Regulations) under which the Board may permit officers to resign their commission in writing at any stage during their service. The Committee has noted the Government’s repeated indication in its reports, which was also confirmed by the Government representative in his statement before the Conference Committee in June 2006, that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant a permission to resign.

The Committee observes that it follows from the wording of section 28(1) that the application to resign may be either accepted or refused. It refers to the explanations provided in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, where it pointed out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore expresses the firm hope that the necessary measures will be taken with a view to amending section 28(1) of the above Regulations, so as to bring it into conformity with the Convention. Pending such amendment, the Committee again requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, as well as the number of resignations accepted and refused.

3. Military service of persons enrolled below the age of 18 years. The Committee previously noted the Government’s indication in its report that the Armed Forces (Conditions of Service) (Men) Regulations, 1969, which provided that the term of service of persons enrolled below the age of 18 years might be extended until they are 30 years old, was repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993. The Government indicated that section 5(4) of these Regulations prohibits a person below the age of 18 years or above 30 years to be employed in the armed forces. While having noted these indications, the Committee again requests the Government to supply a copy of Regulations No. 7, 1993, with its next report.

CMNT_TITLE

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1(1) and 2(1) of the Convention

1. Abolition of slave-like practices. The Committee previously referred to the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes and forcing them to provide work and services as guards, soldiers and concubines, these alleged activities being associated with killings, beatings and rape of these children.

According to the Government’s indications in its report received in November 2000, abductions were taking place in the northern region of the country, the most affected locations being the districts of Lira, Kitgum, Gulu and Apac. The Committee noted that, according to the UNICEF report of 1998, over 14,000 children had been abducted from districts in the northern Uganda. The Government stated that this large scale of abductions had been one of the most tragic aspects of the northern region conflict, forcing the vulnerable and innocent to become a part of the conflict, either as child soldiers, human shields and hostages or victims of sexual exploitation. The Government indicated that the age group between 10 and 15 years formed the biggest percentage of abducted children, and boys between 8 and 15 years of age were the most targeted.

The Committee previously noted the positive measures taken by the Government to prevent such practices, which included sensitization of communities, political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; setting up of disaster management committees in all districts of insurgencies; and sensitization on issues of disaster preparedness and safety issues. The Government indicated that abducted children who had been retrieved were kept in children centres where counselling services were provided and measures were taken for their reunification with their families and return to primary education; children were rehabilitated and equipped with vocational skills which enabled them to be reintegrated into society.

In its latest report, the Government indicates that it has ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2002. It also indicates that a thematic study has been concluded on child labour and armed conflict in the districts of Gulu, Masindi, Lira and Bundibugyo; its findings will be used to design action programmes or strategies to address the problem of abduction as a worst form of child labour. The Government also intends to be involved, through the collaboration with ILO/IPEC, in the Great Lakes regional programme on child labour and armed conflict.

While noting this information, the Committee is bound to observe once again that the continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention, since the victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill treatment which may include torture and death, as well as sexual exploitation. The Committee therefore requests the Government to take urgent action in order to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

2. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without authorization. The Committee noted the Government’s indication that the abovementioned Decree had to be repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission, which was intended to be completed in 2001. The Committee trusts that the Decree will be repealed in the near future and requests the Government to supply a repealing text, as soon as it is adopted.

3. The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee noted the Government’s indication that the 1969 Regulations had been replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations No. 6 of 1993, and that section 28(1) of these Regulations contains a provision similar to that of section 33 of the 1969 Regulations referred to above. The Government indicated that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant permission to resign. Referring to the explanations given in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee points out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that the necessary measures will be taken with a view to amending section 28(1) of Regulation No. 6 of 1993 so as to bring it into conformity with the Convention. Pending such amendment, the Committee requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, and to supply a copy of a complete text of these Regulations.

4. The Committee previously noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years old. The Committee noted with interest the Government’s indication that this provision had been repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993, section 5(4), under which a person below 18 years or above 30 years shall not be employed in the Ugandan army. The Committee would appreciate it if the Government would supply a copy of these Regulations with its next report.

Article 2(2)(c). The Committee has noted the information concerning employment of prisoners provided by the Government. It requests the Government to supply, with its next report, a copy of the provisions of the Prisons Act (Cap. 313) governing this issue.

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

[The Government is asked to supply full particulars to the Conference at its 95th Session.]

CMNT_TITLE

I. Abolition of slave-like practices. The Committee previously referred to the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes and forcing them to provide work and services as guards, soldiers and concubines, these alleged activities being associated with killings, beatings and rape of these children.

According to the Government’s indications in its report received in November 2000, abductions were taking place in the northern region of the country, the most affected locations being the districts of Lira, Kitgum, Gulu and Apac. The Committee noted that, according to the UNICEF report of 1998, over 14,000 children had been abducted from districts in the northern Uganda. The Government stated that this large scale of abductions had been one of the most tragic aspects of the northern region conflict, forcing the vulnerable and innocent to become a part of the conflict, either as child soldiers, human shields and hostages or victims of sexual exploitation. The Government indicated that the age group between 10 and 15 years formed the biggest percentage of abducted children, and boys between 8 and 15 years of age were the most targeted.

The Committee previously noted the positive measures taken by the Government to prevent such practices, which included sensitization of communities, political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; setting up of disaster management committees in all districts of insurgencies; sensitization on issues of disaster preparedness and safety issues. The Government indicated that abducted children who had been retrieved were kept in children centres where counselling services were provided and measures were taken for their reunification with their families and return to primary education; children were rehabilitated and equipped with vocational skills which enabled them to be integrated into society.

In its latest report, the Government indicates that it has ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2002. It also indicates that a thematic study has been concluded on child labour and armed conflict in the districts of Gulu, Masindi, Lira and Bundibugyo, its findings will be used to design action programmes or strategies to address the problem of abduction as the worst form of child labour. The Government also intends to be involved, through the collaboration with ILO/IPEC, in the Great Lakes regional programme on child labour and armed conflict.

While noting this information, the Committee is bound to observe once again that the continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention, since the victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill treatment which may include torture and death, as well as sexual exploitation. The Committee therefore requests the Government to take urgent action in order to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

II. The Committee observes that the Government’s report contains no new information on the following points raised in its previous observation and hopes that the Government will not fail to provide the information requested in its next report:

Article 1(1) and Article 2(1) of the Convention. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee noted the Government’s indication that the abovementioned Decree had to be repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission, which was intended to be completed in 2001. The Committee trusts that the Decree will be repealed in the near future and requests the Government to supply a repealing text, as soon as it is adopted.

The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee noted the Government’s indication that the 1969 Regulations had been replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations No. 6 of 1993, and that section 28(1) of these Regulations contains a provision similar to that of section 33 of the 1969 Regulations referred to above. The Government indicated that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant permission to resign. Referring to the explanations given in paragraphs 67-73 of its 1979 General Survey on the abolition of forced labour, the Committee points out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that the necessary measures will be taken with a view to amending section 28(1) of Regulation No. 6 of 1993 so as to bring it into conformity with the Convention. Pending such amendment, the Committee requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, and to supply a copy of a complete text of these Regulations. 

The Committee previously noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years old. The Committee noted with interest the Government’s indication that this provision had been repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993, section 5(4), under which a person below 18 years or above 30 years shall not be employed in the Ugandan army. The Committee would appreciate it if the Government would supply a copy of these Regulations with its next report.

Article 2(2)(c). The Committee has noted the information concerning employment of prisoners provided by the Government. It requests the Government to supply, with its next report, a copy of the provisions of the Prisons Act (Cap. 313) governing this issue.

CMNT_TITLE

The Committee notes with regret that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Abolition of slave-like practices. The Committee previously referred to the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes and forcing them to provide work and services as guards, soldiers and concubines, these alleged activities being associated with killings, beatings and rape of these children.

According to the Government’s indications in its report received in November 2000, abductions have been taking place in the northern region of the country, the most affected locations having been the districts of Lira, Kitgum, Gulu and Apac. According to the UNICEF report of 1998 referred to by the Government, more than 14,000 children have been abducted from districts in Northern Uganda. The Government states that this large scale of abductions has been one of the most tragic aspects of the Northern region conflict, forcing the vulnerable and innocent to become a part of the conflict, either as child soldiers, human shields and hostages or victims of sexual exploitation. The Government indicates that the age group between 10 and 15 years forms the largest percentage of abducted children, and boys between 8 and 15 years of age are the most targeted.

The Committee has noted that the Government is aware of the traumatic experience abducted children go through and that it has made a number of interventions to prevent such practices, which include, inter alia, the following: sensitization of communities and of political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; setting up of disaster management committees in all districts of insurgencies; and sensitization on issues of disaster preparedness and safety issues. The Government indicates that abducted children who have been retrieved are kept in children’s centres where counselling services are provided and measures are taken for their reunification with their families and return to primary education; children are rehabilitated and equipped with vocational skills which enables them to be integrated into society. The Committee has also noted that the Government has declared amnesty by adopting the Amnesty Act, 2000, aiming at peaceful conflict resolution.

While noting the Government’s efforts to improve the situation, the Committee nonetheless observes that continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention. The victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill-treatment which may include torture and death, as well as sexual exploitation. The Committee considers that the scope and gravity of the problem are such that it is necessary to take urgent action that is commensurate in scope and systematic. It therefore requests the Government to continue to provide detailed information on the measures taken to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

2. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, that the draft employment bill to amend the Employment Decree No. 4 of 1975 contains specific provisions on forced labour (section 7), which follow the language of the Convention. The Committee requests the Government to supply a copy of the amending legislation, as soon as it is adopted.

3. Articles 1(1) and 2(1) of the Convention. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and be required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has noted the Government’s indication in its latest report received in November 2000 that the abovementioned Decree is being repealed under the law reform exercise of the Uganda Law Reform Commission, which is to be completed in 2001. The Committee trusts that the Decree will be repealed in the near future and requests the Government to supply a repealing text, as soon as it is adopted.

4. The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service (Officers)) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee has noted from the Government’s latest report that the 1969 Regulations were replaced by the National Resistance Army (Conditions of Service (Officers)) Regulations No. 6 of 1993, and that section 28(1) of these Regulations contains a provision similar to that of section 33 of the 1969 Regulations referred to above. The Government indicates that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant a permission to resign. Referring to the explanations given in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee points out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that the necessary measures will be taken with a view to amending section 28(1) of the 1993 Regulations No. 6 so as to bring it into conformity with the Convention. Pending such amendment, the Committee requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, and to supply a copy of a complete text of these Regulations.

5. The Committee previously noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service (Men)) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years of age. The Committee has noted with interest the Government’s indication in its latest report that this provision was repealed by the National Resistance Army (Conditions of Service (Men)) Regulations No. 7 of 1993, section 5(4), under which a person below 18 years or above 30 years shall not be employed in the Ugandan army. The Committee would appreciate it if the Government would supply a copy of these Regulations with its next report.

6. Article 2(2)(c). The Committee has noted the information concerning employment of prisoners provided by the Government. It requests the Government to supply, with its next report, a copy of the provisions of the Prisons Act (Cap. 313) governing this issue.

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

CMNT_TITLE

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Abolition of slave-like practices. The Committee previously referred to the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes and forcing them to provide work and services as guards, soldiers and concubines, these alleged activities being associated with killings, beatings and rape of these children.

According to the Government’s indications in its report received in November 2000, abductions have been taking place in the northern region of the country, the most affected locations having been the districts of Lira, Kitgum, Gulu and Apac. According to the UNICEF report of 1998 referred to by the Government, more than 14,000 children have been abducted from districts in Northern Uganda. The Government states that this large scale of abductions has been one of the most tragic aspects of the Northern region conflict, forcing the vulnerable and innocent to become a part of the conflict, either as child soldiers, human shields and hostages or victims of sexual exploitation. The Government indicates that the age group between 10 and 15 years forms the largest percentage of abducted children, and boys between 8 and 15 years of age are the most targeted.

The Committee has noted that the Government is aware of the traumatic experience abducted children go through and that it has made a number of interventions to prevent such practices, which include, inter alia, the following: sensitization of communities and of political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; setting up of disaster management committees in all districts of insurgencies; and sensitization on issues of disaster preparedness and safety issues. The Government indicates that abducted children who have been retrieved are kept in children’s centres where counselling services are provided and measures are taken for their reunification with their families and return to primary education; children are rehabilitated and equipped with vocational skills which enables them to be integrated into society. The Committee has also noted that the Government has declared amnesty by adopting the Amnesty Act, 2000, aiming at peaceful conflict resolution.

While noting the Government’s efforts to improve the situation, the Committee nonetheless observes that continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention. The victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill-treatment which may include torture and death, as well as sexual exploitation. The Committee considers that the scope and gravity of the problem are such that it is necessary to take urgent action that is commensurate in scope and systematic. It therefore requests the Government to continue to provide detailed information on the measures taken to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

2. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, that the draft employment bill to amend the Employment Decree No. 4 of 1975 contains specific provisions on forced labour (section 7), which follow the language of the Convention. The Committee requests the Government to supply a copy of the amending legislation, as soon as it is adopted.

3. Articles 1(1) and 2(1) of the Convention. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and be required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has noted the Government’s indication in its latest report received in November 2000 that the abovementioned Decree is being repealed under the law reform exercise of the Uganda Law Reform Commission, which is to be completed in 2001. The Committee trusts that the Decree will be repealed in the near future and requests the Government to supply a repealing text, as soon as it is adopted.

4. The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service (Officers)) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee has noted from the Government’s latest report that the 1969 Regulations were replaced by the National Resistance Army (Conditions of Service (Officers)) Regulations No. 6 of 1993, and that section 28(1) of these Regulations contains a provision similar to that of section 33 of the 1969 Regulations referred to above. The Government indicates that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant a permission to resign. Referring to the explanations given in paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee points out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that the necessary measures will be taken with a view to amending section 28(1) of the 1993 Regulations No. 6 so as to bring it into conformity with the Convention. Pending such amendment, the Committee requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, and to supply a copy of a complete text of these Regulations.

5. The Committee previously noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service (Men)) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years of age. The Committee has noted with interest the Government’s indication in its latest report that this provision was repealed by the National Resistance Army (Conditions of Service (Men)) Regulations No. 7 of 1993, section 5(4), under which a person below 18 years or above 30 years shall not be employed in the Ugandan army. The Committee would appreciate it if the Government would supply a copy of these Regulations with its next report.

6. Article 2(2)(c). The Committee has noted the information concerning employment of prisoners provided by the Government. It requests the Government to supply, with its next report, a copy of the provisions of the Prisons Act (Cap. 313) governing this issue.

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

CMNT_TITLE

1. Abolition of slave-like practices. The Committee previously referred to the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes and forcing them to provide work and services as guards, soldiers and concubines, these alleged activities being associated with killings, beatings and rape of these children.

According to the Government’s indications in its report received in November 2000, abductions have been taking place in the northern region of the country, the most affected locations having been the districts of Lira, Kitgum, Gulu and Apac. According to the UNICEF report of 1998 referred to by the Government, more than 14,000 children have been abducted from districts in Northern Uganda. The Government states that this large scale of abductions has been one of the most tragic aspects of the Northern region conflict, forcing the vulnerable and innocent to become a part of the conflict, either as child soldiers, human shields and hostages or victims of sexual exploitation. The Government indicates that the age group between 10 and 15 years forms the largest percentage of abducted children, and boys between 8 and 15 years of age are the most targeted.

The Committee has noted that the Government is aware of the traumatic experience abducted children go through and that it has made a number of interventions to prevent such practices, which include, inter alia, the following: sensitization of communities and of political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; setting up of disaster management committees in all districts of insurgencies; and sensitization on issues of disaster preparedness and safety issues. The Government indicates that abducted children who have been retrieved are kept in children’s centres where counselling services are provided and measures are taken for their reunification with their families and return to primary education; children are rehabilitated and equipped with vocational skills which enables them to be integrated into society. The Committee has also noted that the Government has declared amnesty by adopting the Amnesty Act, 2000, aiming at peaceful conflict resolution.

While noting the Government’s efforts to improve the situation, the Committee nonetheless observes that continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention. The victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill-treatment which may include torture and death, as well as sexual exploitation. The Committee considers that the scope and gravity of the problem are such that it is necessary to take urgent action that is commensurate in scope and systematic. It therefore requests the Government to continue to provide detailed information on the measures taken to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

2. The Committee has noted the information provided by the Government in reply to its earlier comments. It has noted, in particular, that the draft employment bill to amend the Employment Decree No. 4 of 1975 contains specific provisions on forced labour (section 7), which follow the language of the Convention. The Committee requests the Government to supply a copy of the amending legislation, as soon as it is adopted.

3. Articles 1(1) and 2(1) of the Convention. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and be required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has noted the Government’s indication in its latest report received in November 2000 that the abovementioned Decree is being repealed under the law reform exercise of the Uganda Law Reform Commission, which is to be completed in 2001. The Committee trusts that the Decree will be repealed in the near future and requests the Government to supply a repealing text, as soon as it is adopted.

4. The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service (Officers)) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee has noted from the Government’s latest report that the 1969 Regulations were replaced by the National Resistance Army (Conditions of Service (Officers)) Regulations No. 6 of 1993, and that section 28(1) of these Regulations contains a provision similar to that of section 33 of the 1969 Regulations referred to above. The Government indicates that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant a permission to resign. Referring to the explanations given in paragraphs 67 to 73 of its 1979 General Survey on the abolition of forced labour, the Committee points out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that the necessary measures will be taken with a view to amending section 28(1) of the 1993 Regulations No. 6 so as to bring it into conformity with the Convention. Pending such amendment, the Committee requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, and to supply a copy of a complete text of these Regulations.

5. The Committee previously noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service (Men)) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years of age. The Committee has noted with interest the Government’s indication in its latest report that this provision was repealed by the National Resistance Army (Conditions of Service (Men)) Regulations No. 7 of 1993, section 5(4), under which a person below 18 years or above 30 years shall not be employed in the Ugandan army. The Committee would appreciate it if the Government would supply a copy of these Regulations with its next report.

6. Article 2(2)(c). The Committee has noted the information concerning employment of prisoners provided by the Government. It requests the Government to supply, with its next report, a copy of the provisions of the Prisons Act (Cap. 313) governing this issue.

CMNT_TITLE

I. The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request: Article 1(1) and Article 2(1) of the Convention. 1. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has noted from the Government's report received in 1997 that the Government regrets the slow process for the repeal of the Decree but that it is still being vigorously pursued. The Committee again expresses the hope that the Decree will be repealed in the near future and asks the Government to report on the progress made. 2. In its earlier comments the Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee requests the Government to describe how this is applied in practice. 3. The Committee also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years old. The Committee again expresses the hope that provisions will be adopted to permit persons enlisted as minors to preserve their right to free choice of employment and obtain their discharge after the attainment of the age of 18 years. Please indicate the present practice in this respect and any action taken to ensure the Convention's requirements are observed. Article 2(2)(c). 4. The Committee has noted the Government's indications concerning the limited scope of coverage of the labour inspectorate, and in particular that the Prisons Service is excluded from the application of the Act which authorizes labour inspectors to investigate and conduct inspections of workplaces. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that any work or service exacted from any person as a consequence of a conviction in a court of law is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. Article 25. 5. Please supply available information on cases of illegal exaction of forced or compulsory labour, particularly any relating to children, and any proceedings and penalties applied to the perpetrators.

II. In reference to point 5 above, the Committee is aware of publicly available information concerning the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes between the ages of 11 and 17 years and forcing them to provide work and services as guards, soldiers and concubines. These alleged activities have been associated with killings, beatings and rape of these children by the LRA. Whilst appreciating that the Government is in conflict with the LRA, nevertheless there is still a government responsibility to ensure that the Convention is complied with. The Committee therefore requests the Government to provide information about these alleged practices and any action which it intends to take to prevent such practices and also to take action against the perpetrators.

In reference to point 4 above, the Committee is also aware of publicly available information concerning allegations that prison officials have hired out prisoners to work on private farms and construction sites as well as prison officials allegedly growing crops on prison grounds for personal profit which are tended by prisoners. The Committee would be grateful if the Government would also provide information about alleged practices and any action it intends to take in respect of such practices.

CMNT_TITLE

Article 1(1) and Article 2(1) of the Convention. 1. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee notes from the Government's latest report that the Government regrets the slow process for the repeal of the Decree but that it is still being vigorously pursued. The Committee again expresses the hope that the Decree will be repealed in the near future and asks the Government to report on the progress made.

2. In its earlier comments the Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee requests the Government to describe how this is applied in practice.

3. The Committee also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years old. The Committee again expresses the hope that provisions will be adopted to permit persons enlisted as minors to preserve their right to free choice of employment and obtain their discharge after the attainment of the age of 18 years. Please indicate the present practice in this respect and any action taken to ensure the Convention's requirements are observed.

Article 2(2)(c). 4. The Committee notes the Government's indications concerning the limited scope of coverage of the labour inspectorate, and in particular that the Prisons Service is excluded from the application of the Act which authorizes labour inspectors to investigate and conduct inspections of workplaces. The Committee requests the Government to indicate, in its next report, what guarantees are provided to ensure that any work or service exacted from any person as a consequence of a conviction in a court of law is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations.

Article 25. 5. Please supply available information on cases of illegal exaction of forced or compulsory labour, particularly any relating to children, and any proceedings and penalties applied to the perpetrators.

CMNT_TITLE

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the following matters raised in its previous direct request:

1. In comments made for a number of years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or to leave such settlement without consent. The Committee noted the Government's indication in its report received in 1995 that a Law Reform Commission had been put in place and the Community Farm Settlement Decree was one of the laws considered for deletion. The Committee looks forward to learning of the repeal of the Decree.

2. The Committee again expresses the hope that the Government will provide in its next report information on the following point raised previously:

The Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years.

The Committee noted that the National Resistance Council (Parliament) had finalized amendments to the Armed Forces Act and the National Resistance Army and was in the process of finalizing documents on terms and conditions of service and establishment of men and officers of the armed forces.

Referring to paragraphs 67 and 73 of its 1979 General Survey on the abolition of forced labour, the Committee again hopes that the provisions to be adopted will permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment. It again requests the Government to provide information on action taken in this regard.

CMNT_TITLE

1. In comments made for a number of years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or to leave such settlement without consent. The Committee notes with interest the Government's indication in its latest report that a Law Reform Commission has been put in place and the Community Farm Settlement Decree is one of the laws considered for deletion. The Committee looks forward to learning of the repeal of the Decree.

2. The Committee again expresses the hope that the Government will provide in its next report information on the following point raised previously:

The Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years.

The Committee noted that the National Resistance Council (Parliament) had finalized amendments to the Armed Forces Act and the National Resistance Army and was in the process of finalizing documents on terms and conditions of service and establishment of men and officers of the armed forces.

Referring to paragraphs 67 and 73 of its 1979 General Survey on the abolition of forced labour, the Committee again hopes that the provisions to be adopted will permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment. It again requests the Government to provide information on action taken in this regard.

CMNT_TITLE

The Committee notes that no report has been received from the Government. 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:

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or to leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also observed that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee had noted the Government's indication that the Community Farm Settlement Decree No. 8/1975 as amended by Decree No. 5/1977 while remaining in the statute book was not operational; the institutions envisaged to implement the Decree had not been set up nor had the Farm Settlement Board, provided for in the Decree, been established. In addition, farm settlement committees at the provincial level could not be established, the regionalization policy on the basis of provinces having ceased operating in 1979, nor could subcommittees be established by non-existent provincial committees.

Given the situation in practice such as described by the Government, the Committee expressed the hope that the Government would find no difficulty in repealing the Community Farm Settlement Decree so as to bring legislation into conformity with the Convention and practice.

The Committee noted the Government's indication in its report for 1992-93, that the Community Farm Settlement Decree, 1975, was being considered in the revision of the laws, that provisions on prohibition of forced labour had been included in the Draft Employment Act and that the ongoing exercise of reviewing the National Constitution re-emphasized protection from forced labour, as one of the fundamental rights and freedoms of the individual.

The Committee noted these indications with interest. It requested the Government to provide information on measures adopted to bring legislation into conformity with the Convention on this point as well as a copy of any provisions adopted to this end. It would appreciate that the Government provide also a copy of the Employment Act and the new Constitution when adopted.

2. The Committee again hopes that the Government will provide in its next report information on the following point raised previously:

The Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years.

The Committee noted that the National Resistance Council (Parliament) had finalized amendments to the Armed Forces Act and the National Resistance Army and was in the process of finalizing documents on terms and conditions of service and establishment of men and officers of the armed forces.

Referring to paragraphs 67 and 73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee again hopes that the provisions to be adopted will permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment. It again requests the Government to provide information on action taken in this regard.

CMNT_TITLE

The Committee notes the information provided by the Government in its report.

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or to leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also observed that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee had noted the Government's indication that the Community Farm Settlement Decree No. 8/1975 as amended by Decree No. 5/1977 while remaining in the statute book was not operational; the institutions envisaged to implement the Decree had not been set up nor had the Farm Settlement Board, provided for in the Decree, been established. In addition, farm settlement committees at the provincial level could not be established, the regionalization policy on the basis of provinces having ceased operating in 1979, nor could subcommittees be established by non-existent provincial committees.

Given the situation in practice such as described by the Government, the Committee expressed the hope that the Government would find no difficulty in repealing the Community Farm Settlement Decree so as to bring legislation into conformity with the Convention and practice.

The Committee notes the Government's indication in its latest report, that the Community Farm Settlement Decree, 1975, is being considered in the revision of the laws, that provisions on prohibition of forced labour have been included in the Draft Employment Act and that the ongoing exercise of reviewing the National Constitution re-emphasizes protection from forced labour, as one of the fundamental rights and freedoms of the individual.

The Committee notes these indications with interest. It requests the Government to provide information on measures adopted to bring legislation into conformity with the Convention on this point as well as a copy of any provisions adopted to this end. It would appreciate that the Government provide also a copy of the Employment Act and the new Constitution when adopted.

2. The Committee hopes that the Government will provide in its next report information on the following point raised previously:

The Committee noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years.

The Committee noted that the National Resistance Council (Parliament) had finalized amendments to the Armed Forces Act and the National Resistance Army and was in the process of finalizing documents on terms and conditions of service and establishment of men and officers of the armed forces.

Referring to paragraphs 67 and 73 of its 1979 General Survey on the Abolition of Forced Labour, the Committee hopes that the provisions to be adopted will permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment. It requests the Government to provide information on action taken in this regard.

CMNT_TITLE

The Committee notes the information provided by the Government in its report.

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also noted that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee notes the Government's information in its report that the Community Farm Settlement Decree No. 8/1975 as amended by Decree No. 5/1977 while remaining in the statute book, is not operational; the institutions envisaged to implement the Decree have not been set up nor has the Farm Settlement Board, provided for in the Decree, been established. In addition farm settlement committees at the provincial level cannot be established, the regionalisation policy on the basis of provinces having ceased operating in 1979, nor can subcommittees be established by non-existent provincial committees.

The Committee notes these indications with interest. Given the situation in practice such as described by the Government, the Committee hopes that the Government will find no difficulty in repealing the Community Farm Settlement Decree so as to bring legislation into conformity with the Convention and practice. The Committee requests the Government to provide information on measures adopted to this end.

2. The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years. Referring to paragraphs 67 to 73 of its General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment.

The Committee notes the Government's information that the National Resistance Council (Parliament) has just finalised amendments to the Armed Forces Act and the National Resistance Army is in the process of finalising documents on terms and conditions of service and establishment of men and officers of the armed forces.

The Committee hopes that the provisions to be adopted will take due consideration of its comments and in particular will guarantee members of the armed forces engaged voluntarily the right to leave the service in peace time within a reasonable period of time, either at specified intervals or by giving notice. The Committee requests the Government to provide information on action taken in this regard.

CMNT_TITLE

The Committee notes the Government's report.

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also noted that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that an independent Human Rights Commission was hearing evidence on human rights abuse in the country up to January 1986 and that there was a Law Reform Commission charged with review of all legislation. The Government stated that the Community Farm Settlement Decree, 1975, was one of the pieces of legislation to be brought before the Law Reform Commission.

The Committee notes the Government's information in its latest report that it is in the process of re-examining the said Decree, which remains unimplemented, and that the general policy suggested by the Decree has been abandoned.

The Committee hopes that the Government will soon report that the necessary measures have been adopted to repeal the Decree so as to bring legislation into conformity with the Convention as well as with the indicated practice.

2. The Committee notes that the Government's report contains no information on the questions raised in its previous direct requests in relation to the resignation by members of the Armed Forces. The Committee hopes that the Government will provide full information on the following points:

The Committee noted that according to the provisions of section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years. Referring to paragraphs 67 to 73 of its General Survey on the Abolition of Forced Labour, the Committee requested the Government to indicate any measures taken or envisaged to permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that the army was undergoing reorganisation and, therefore, the required information would be supplied when the process is completed. The Committee looks forward to examining this information and requests the Government to also include in its next report copies of any newly adopted statutory instruments governing the conditions of service of career military officers and enlisted staff.

CMNT_TITLE

The Committee notes 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 the previous direct request, which read as follows:

1. In comments made for several years, the Committee has noted that under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and may be required to render service; that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without consent. The Committee has observed that this legislation provides for the exaction of forced or compulsory labour within the meaning of Article 2, paragraph 1, of the Convention. In this connection the Committee observed that it would seem most appropriate to limit the scope of the Decree to the persons defined in its section 3A(1) inserted by Decree No. 5 of 1977 which corresponds to a normal definition of vagrancy, as well as to reconsider the procedure so as to prescribe that any decision to send a person to compulsory work in a farm settlement in the circumstances defined in section 3A(1) of the Decree be taken by a court of law. The Committee also noted that so far as persons may also be admitted on their own voluntary application to live on a farm settlement under section 3 of the Decree, they should be free to leave such settlement by means of a unilateral decision, subject only to giving notice of reasonable length.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that an independent Human Rights Commission was hearing evidence on human rights abuse in the country up to January 1986 and that there was a Law Reform Commission charged with review of all legislation. The Government stated that the Community Farm Settlement Decree, 1975, was one of the pieces of legislation to be brought before the Law Reform Commission. Recalling also the Government's earlier indication that it was in the process of re-examining the Community Farm Settlement Decree, 1975, and that the Decree had never been implemented because there had not been a single project farm as envisaged in the Decree, the Committee hopes that the necessary measures will soon be taken to repeal the Decree so as to ensure the observance of the Convention in law as well as in practice.

2. The Committee noted in its previous comment that according to the provisions of section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit any officer to resign his commission at any stage during his service. The Committee requested the Government to supply particulars on the criteria applied by the Board in accepting or rejecting a resignation.

The Committee previously also noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of a person enrolled below the apparent age of 18 years with the consent of his parents, or his guardian or of the District Commissioner, might extend over a period of 12 years beyond the date upon which he attains the age of 18 years. Referring to paragraphs 67 to 73 of its General Survey on the abolition of forced or compulsory labour, the Committee requested the Government to indicate any measures taken or envisaged to permit persons enlisted as minors to request their discharge after the attainment of the age of 18 years or within a reasonable period of time thereafter in order to preserve their right to free choice of employment.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that the army was undergoing reorganisation and, therefore, the required information would be supplied when the process is completed. The Committee looks forward to examining this information and requests the Government to also include in its next report copies of any newly adopted statutory instruments governing the conditions of service of career military officers and enlisted staff.