Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition

The Committee took note of the report of the Technical Advisory Mission (the Mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 131 of the Penal Code states that anyone who procures any woman or girl to become a prostitute commits an offence. Sections 136 and 137 respectively punish anyone who lives on earnings of prostitution and anyone who keeps brothels. The Committee had observed that only the procuring and offering of women and girls for prostitution appear to be prohibited in the Penal Code. It had also observed that, by virtue of section 139 of the Penal Code, anyone who practises or engages in prostitution as well as intermediaries involved in prostitution commit an offence, while clients do not appear to be penalized. The Committee had therefore requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years for prostitution is prohibited, to criminalize clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 who are used, procured or offered for prostitution are treated as victims rather than offenders.

The Committee noted that the Principal State Attorney from the Directorate of Legal Advisory Services of the Ministry of Justice and Constitutional Affairs informed the Mission that the legal gaps between national criminal legislation and the Convention would be looked into during the ongoing legislative review of the Penal Code. Furthermore, the Director of Public Prosecutions from the Directorate of Public Prosecutions indicated that efforts were being made to amend the Children’s Act of 2001 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution. The Committee expresses the firm hope that the revision of the Penal Code and of the Children’s Act will take into account the outstanding comments of the Committee. It requests the Government to take immediate measures to ensure that the amendments to those laws are adopted, as a matter of urgency, in conformity with Article 3(b) of the Convention.

2. Use, procuring or offering of a child for the production of pornography or for pornographic purposes. The Committee had previously noted that section 166 of the Penal Code punishes anyone who, for the purposes of distribution, makes, produces, imports, exports, takes part in any business related to, advertises, any obscene writings, drawings, prints, paintings, photographs, cinematographic films or any other obscene objects. The Committee had observed that there do not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances. The Committee noted that the Director of Public Prosecutions informed the Mission that a draft Bill on child pornography is being prepared by the Ministry of Ethics and Integrity, under the President’s Office. The Committee requests the Government to take measures to ensure that the draft Bill on child pornography effectively prohibits the use, procuring or offering of both boys and girls under 18 years of age by anyone for the production of pornography or for pornographic performances, and provides for effective and sufficiently dissuasive penalties. It requests the Government to take immediate measures to ensure that this Bill is adopted as a matter of urgency, and requests it to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee once again noted the lack of information on this subject. It once again requests the Government to indicate whether a legal provision exists which prohibits the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, with its next report.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee noted that the mission indicated that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 was drafted in consultation with the social partners. It noted that, according to the technical progress report (TPR) of 1 September 2009 for the ILO–IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO/IPEC SNAP Uganda project), the draft hazardous list has been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development (MGLSD) in May 2009, and that it will be gazetted after the drafting of an extra paragraph on light work.

However, the Committee noted that, during its time in Uganda, the Mission observed that the regulations necessary to implement and the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The Mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. In this regard, in a tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD acknowledged that the issue of adopting regulations in order to be able to implement the new laws was urgent. The Committee urges the Government to take immediate measures to ensure that the list of hazardous types of work prohibited to children under 18 is adopted, as a matter of urgency. In this regard, the Committee strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners. It requests the Government to provide information on the progress made in this regard with its next report.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee had previously noted the Government’s information that the designated labour inspectors/officers carry out inspections in workplaces. However, in its previous comment under the Minimum Age Convention, 1973 (No. 138), the Committee had noted the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level.

The Committee noted the Mission’s indication that there are approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, in particular the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the Mission report indicates that these inspections are sporadic and not institutionalized. In this regard, the Committee noted that, at the tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD indicated to the mission that having heard the feedback from the Mission on the labour inspection function on child labour issues in agriculture, she felt that there was definitely a window of opportunity for collaboration between the Ministry of Agriculture and the MGLSD. She also agreed that the labour inspectorate needed to be reinforced so as to be able to detect child labour violations. The Committee therefore requests the Government to take the necessary measures to strengthen the inspection system pursuant to its above comments in order to enable the labour inspectors to monitor the effective implementation of the provisions giving effect to the Convention. In this regard, it strongly encourages the Government to initiate collaboration between Ministry of Agriculture and the MGLSD. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children in all sectors where the worst forms of child labour exist and, in particular, in the agricultural sector.

2. Monitoring mechanisms to combat the trafficking of children. The Committee had previously noted the Government’s information that there was a need for training and awareness-raising of public officials, such as labour inspectors, the police, the immigration service, the judiciary services, as well as employers and workers, in combating the trafficking of children. The Committee noted that section 20(1) of the Trafficking in Persons Act provides for the establishment of an office to be responsible for the coordination, monitoring and overseeing of this Act. Section 20(2) of the Act provides for the functions of this office, which include the training and awareness raising of government personnel, law enforcement officials and the public on the dangers of trafficking and on the protection available to the victims, as well as the consultation, coordination, cooperation and advocacy with governmental and non-governmental organizations to advance the objectives of the Act. The Committee requests the Government to provide information on the progress made in establishing the office responsible for the coordination, monitoring and overseeing of the Trafficking in Persons Act. It also requests the Government to provide information on the activities of this office once it is established, in particular with regard to combating the sale and trafficking of children under 18 years for labour or commercial sexual exploitation.

Article 6. Programmes of action. National plan of action to eliminate child labour and the national child labour policy. The Committee had previously noted the Government’s information that a National Programme of Action to Eliminate Child Labour in Uganda (NPA) was launched in 1999 in collaboration with ILO–IPEC, lasting until 2004. The Committee, in its comments under the Minimum Age Convention (No. 138), in 2008, had also noted the Government’s information that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. It had further noted that the Government was cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement the NCLP.

The Committee noted that, in its report, the Mission expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee noted that the technical progress report (TPR) of 1 September 2009 for the ILO/IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO–IPEC SNAP Uganda project) indicates that many activities were undertaken to get the process for the NAP started again, including a meeting organized on 2 July 2009 to reinforce the task force. A workshop will also be organized in Addis Ababa in November 2009 where Uganda’s tripartite partners will be invited to validate the NAP and mainstreaming guidelines. The Committee noted that the target date for the NAP to be adopted and operational is March to August 2012. The Committee therefore requests the Government to take immediate measures to ensure that the NAP for the elimination of child labour is validated and adopted by the targeted date. It requests the Government to provide information on the impact of the NAP on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee had previously noted that, in 1997, universal primary education (UPE) was declared, which provides access to free basic education to children. As a result of the UPE, the primary school pupil population increased from 2.6 million in 1996 to 4.8 million and to more than 6.8 million children in 2007. However, the Committee had noted the Government’s information that not all children currently have access to primary and secondary education. The categories that have difficulties in gaining access to education include: street children, children from semi-nomadic populations, physically and mentally challenged children, juvenile offenders, children from geographically marginalized populations, domestic workers, working children, orphans, girls, children affected by armed conflict as refugees, internally displaced and abducted children. According to the UPE policy, priority must be given to children with special needs.

The Committee noted from the Mission report that the implementation of the UPE has further increased the enrolment of children in primary school: in 2008, 7.5 million children were enrolled in primary education (93 per cent). Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education has been implemented. In this regard, the Committee noted that, according to the annual school census of 2008, published on the web site of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education is 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observes that, according to the same source, the net enrolment ratio in secondary education is of only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee took due note of the measures taken by the Government with regard to education. It observed, however, that the low rates of enrolment at the secondary education level, in comparison with the primary school enrolment rates, indicate that an important number of children drop out after primary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken, particularly in the framework of the UPE and the universal programme for free secondary education, to increase school attendance and reduce school drop-out rates, in particular for those categories of children who have been identified by the Government as having difficulties in gaining access to education. The Committee requests the Government to provide information on the results achieved.

Clause (b). Provide the necessary and appropriate assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. 1. Commercial sexual exploitation. The Committee had previously noted that, according to the report of the Uganda Child Rights NGO Network, supplied by the Government, the Government was starting to develop an action plan on child sexual abuse and exploitation. According to the same source, the Slum Aid Project (slums of Katanga and Katwe) is aimed at empowering and rehabilitating child sex workers. Moreover, the Uganda Youth Development Link (UYDEL) addresses the prevention and rehabilitation of children involved in prostitution. The Committee had further noted that, according to the Government’s written replies to the Committee on the Rights of the Child (13 September 2005, CRC/C/65/Add.33, paragraph 20), organizations like UYDEL have undertaken interventions in order to identify children and withdraw them from prostitution and other forms of sexual abuse: 1,375 children had received medical treatment; 1,560 children had received psychological counselling; 161 children were returned to school. The Committee noted that, according to the Mission report, UYDEL has removed more children from commercial sexual exploitation and rehabilitated them in a school built with the assistance of the Japanese Government. The Committee once again requests the Government to provide information on any developments with regard to the adoption of the action plan on child sexual abuse and exploitation. It also once again requests the Government to continue providing information on the number of children who have been removed from commercial sexual exploitation and rehabilitated.

2. Hazardous child labour in the agricultural sector (sugar, tea, coffee, tobacco and rice sectors). The Committee had previously noted the Government’s information that a number of action programmes were undertaken by different stakeholders under the NPA to address the worst forms of child labour in commercial agriculture, namely work in sugar and tea plantations, tobacco and rice farms. The Committee noted that, according to the TPR of 1 September 2009 of the ILO–IPEC SNAP Uganda project, it is intended that, by the end of the project, a multidisciplinary and integrated area-based model of intervention laying the foundation for the establishment of “child labour free zones” at the district level will be created and available for replication throughout the country. In this regard, 2,712 children under 18 years of age should be withdrawn from selected worst forms of child labour. The Committee once again requests the Government to provide information on the number of children who have effectively been removed from working in the agricultural sector (sugar and tea plantations, tobacco and rice sectors) and rehabilitated through the programmes undertaken under the NPA. It further requests the Government to provide information on the progress made within the framework of the ILO–IPEC SNAP Uganda project with regard to the elimination of the worst forms of child labour, in particular the number of children withdrawn from working in the agricultural sector.

Clause (d). Identify and reach out to children at special risk. 1. Child domestic workers. The Committee had previously noted the Government’s information that child domestic work is one of the worst forms of child labour targeted by the NPA. It had also noted that a number of action programmes had been launched, at the national and interregional levels, aimed at preventing (especially through education and training), withdrawing and rehabilitating children engaged in domestic work in various districts (Toror, Lira, Busia, Kampala, Wakiso, Mpigi, Rakai). The Committee once again requests the Government to provide information on the implementation of the action programmes targeting child domestic workers and the results achieved.

2. Street children. The Committee had previously noted that an action programme was launched in 2004 in order to prevent and withdraw children from hazardous street activities. The Committee noted that, according to the Ministerial Policy Statement for the MGLSD of 2009/10, in 2006–07, the MGLSD identified, withdrew, rehabilitated, resettled and supported 1,136 street children and their mothers. It further noted that, according to the Mission report, street children have benefited from a programme of non-formal education called the Basic Education for Poor Areas (BEPUA). The Committee urges the Government to pursue its efforts to ensure that children under 18 years working on the streets are protected from the worst forms of child labour. It also requests it to provide information on the number of street children who were effectively prevented or withdrawn from the worst forms of child labour through the implementation of the abovementioned measures.

3. Orphans and vulnerable children. The Committee had previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee had further noted the Government’s information that it adopted the orphans and vulnerable children (OVC) policy in order to provide care, support and protection to orphans and other vulnerable children.

The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008 (UCW report), a large proportion of Ugandan children must grow up in the absence of one or both biological parents. In all, nearly 8 per cent of children aged 7–14 years, 0.5 million in absolute terms, are either “single” (one parent deceased) orphans and about five per cent, 300,000 in absolute terms, are “double” (both parents deceased) orphans. The child orphan phenomenon is closely linked to the HIV/AIDS crisis. The UCW further indicates that rates of economic activity are higher among double orphans, as well as paternal and particularly maternal orphans, compared to children living with both parents.

The Committee noted that, in the context of the final TPR of 10 December 2008 for the ILO–IPEC project to combat and prevent HIV/AIDS-induced child labour in sub-Saharan Africa, this project has permitted the prevention of 1,486 children at risk of becoming engaged in the worst forms of child labour and withdrawn 1,456 children from such worst forms. Furthermore, the TPR indicates that the project has mainstreamed HIV/AIDS in the NCLP and that the issue of child labour has been mainstreamed into the joint United Nations response on HIV/AIDS (JUNTA). The Committee further noted that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, a consultant has been recruited to study the OVC, child labour policies and NAPs to identify gaps or contradictions and suggest where synergies can be built. This is a joint initiative between UNICEF, the MGLSD, ILO–IPEC and JUNTA, and is actually a first step towards strengthening the National Strategic Programme Plan of Interventions (NSPPI) for OVC. While noting the measures taken by the Government, the Committee expressed concern at the number of child orphaned because of the HIV/AIDS pandemic in Uganda and at risk of becoming engaged in the worst forms of child labour. It therefore requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained, in particular through the implementation of the NSPPI for OVC.

Article 8. Poverty reduction programme. The Committee had previously noted that the Poverty Eradication Action Plan (PEAP) 2004–5 to 2007–8 had been developed to eliminate mass poverty that perpetuates child labour. The Committee noted that, according to the report on education needs assessment for northern Uganda of February 2008 prepared by the Education Planning Department, in view of the magnitude of the problems that still exist in the north of Uganda as a consequence of the civil conflict, the need for the development of a strategy to overcome the deprivation and underdevelopment in that region resulted in the formulation of the National Peace, Recovery and Development Plan (PRDP). The PRDP is an overarching, multi-sectoral response which broadly sets forth a reconstruction and development roadmap that is to be followed by all the relevant sectors of government and development agencies. The PRDP is anchored to the PEAP and also incorporates Millennium Development Goals. Noting that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PEAP and the PRDP on the elimination of the worst forms of child labour, in particular in the agricultural sector.

Parts IV and V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that child labour in Uganda prevails in various sectors, including: the informal sector, street activities, domestic service, the agricultural sector, fishing, construction and commercial sex. It had also noted the Government’s statement that the Uganda Bureau of Statistics has been created as a semi-autonomous organization responsible for developing statistics in the country (the Labour Force Survey 2003).

The Committee noted that, according to the UCW report, 17.3 per cent of children aged 5–17 years are engaged in child labour (1,764,451 children), while 4.8 per cent of children aged 14–17 years (115,900 children) are engaged in hazardous work or working excessive hours. The report indicates that while most working children are concentrated in the range of ten to 15 hours per week, there is also a significant proportion of children performing exceptionally long working hours, i.e. 30 or more hours per week. In absolute terms, 1.2 million children aged 7–11 years, 1,1 million children aged 12–14 years and 870,000 children aged 15–17 years work at least 30 hours per week. These are among the worst off working children, as their responsibilities completely preclude their rights to schooling, study, leisure and adequate rest. Expressing its serious concern at the number of children involved in the worst forms of child labour and working excessive hours in Uganda, the Committee requests the Government to redouble its efforts to improve the situation and ensure the effective enforcement of the Convention in practice. The Committee also requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.