Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.