Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Uganda (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee notes from the National Action Plan for Prevention of Trafficking in Persons in Uganda (NAP–PTIP), that Uganda is a source, transit and destination point for victims of trafficking in persons, including children. The Committee also notes that, according to the Government’s Annual Report on the trend of trafficking in persons in Uganda: 2013, 399 children were victims of internal trafficking and 80 children victims of transnational trafficking (paragraph 2.0). It also observes that the Crime Investigations and Intelligence Directorate (CIID) is the lead agency in the management of criminal reports related to trafficking in persons. In 2013, a total of 159 criminal cases related to trafficking in persons were registered by the police, including 33 taken to court and two convictions (paragraph 3.0(III)). The Committee requests the Government to continue to intensify its efforts to eliminate the trafficking of children and to take the necessary steps to ensure the thorough investigation and effective prosecution of all persons who engage in the sale and trafficking of children under 18 years of age and ensure that penalties constituting an effective deterrent are imposed in practice. It requests the Government to provide information on the number of investigations conducted, prosecutions carried out and convictions obtained under the Trafficking in Persons Act.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that there was not any legislative provisions specifically addressing the use, procuring or offering of a child under 18 years of age for the production of pornography or pornographic performances. The Committee noted that a draft bill on child pornography was being prepared by the Ministry of Ethics and Integrity, under the President’s Office.

The Committee notes with interest that section 14 of the Anti-Pornography Act of 2014 duly prohibits the use, procuring and offering of a child for the production of pornography. It notes that a person who commits this offence is liable on conviction to a fine not exceeding 750 “currency points” (one currency point under the law is equivalent to 20,000 Uganda shilling (UGX), which amount to US$5) or imprisonment not exceeding 15 years or both. Moreover, the Committee takes note of section 8(A) prohibiting the use of children in pornographic performances or materials.

Article 5. Monitoring mechanisms. Monitoring mechanisms to combat the trafficking of children. The Committee previously 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 notes, with interest, that the Coordination Office for Prevention of Trafficking in Persons was established in 2013 within the Ministry of Internal Affairs (NAP–PTIP, page 4). The Committee requests the Government to provide information on the activities of this office, in particular in the framework of the National Plan and with regard to combating the sale and trafficking of children under 18 years of age for labour or commercial sexual exploitation, and on the results achieved in terms of the number of child victims of trafficking identified and protected.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Ensuring access to free basic education. In its previous comments, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013 (SLF–CAS), the net enrolment ratio in primary education is 76.5 per cent, and the net enrolment ratio in secondary education is 28.8 per cent. The Committee observed that the enrolment at the primary education level seems to have decreased, while the low rates of enrolment at the secondary education level still appear to indicate that an important number of children drop out after primary school. In this regard, the Committee noted that one of the implementation strategies of the National Action Plan on the elimination of the worst forms of child labour in Uganda (NAP) is to increase enrolment and completion of primary level education through several activities. Moreover, the Committee noted that Uganda was implementing, in collaboration with ILO–IPEC, the project entitled “Combating child labour through education”, which aims to contribute to the elimination of child labour by enhancing access to education. It noted that, in the framework of this project, the Education and Culture Ministry launched, in July 2013, the 12-year compulsory education programme Universal Secondary Education (USE), to give equal access to education for young persons between 16 and 18 years.

The Committee notes the absence of information in this regard in the Government’s report. The Committee however observes that, according to UNESCO estimates of 2013, there were approximately 470,000 children out of school and that the primary to secondary transition rate was only 53.9 per cent. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to pursue its efforts to improve the functioning of the education system in the country. In this regard, it once again requests the Government to provide information on the time-bound measures taken, particularly in the framework of the NAP, the Universal Primary Education (UPE) and the USE, to increase school attendance and reduce school drop-out rates for all children in order to protect them from the worst forms of child labour.

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. In its previous comments, the Committee noted that, in the framework of the ILO–IPEC Project of Support for the preparatory phase of the Uganda national Action Plan for the elimination of child labour (ILO–IPEC–SNAP), a total of 8,733 children were effectively prevented and withdrawn from the worst forms of child labour. It noted that, in the framework of the NAP, the fifth implementation strategy concerns the withdrawal, rehabilitation, and reintegration of children involved in the worst forms of child labour, including children in commercial sexual exploitation, in the informal economy, and in commercial agriculture. Noting the lack of information received on this matter, the Committee once again requests the Government to provide information on the number of children under 18 years of age who were effectively removed from the worst forms of child labour, particularly from commercial sexual exploitation and hazardous work in agriculture, and rehabilitated and socially integrated through the implementation of the NAP.