Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Uganda (Ratification: 1963)

Other comments on C098

Observation

Direct Request

1989

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The Committee had requested the Government to provide detailed comments on the allegations of anti-union discrimination practices, in response to the observations made by the International Trade Union Confederation and the National Organization of Trade Unions of Uganda in 2014 and 2012 respectively. The Committee notes with regret the absence of reply from the Government. It trusts that the Government will show greater cooperation in the future and urges the Government to provide its comments to the referred observations.

Article 4 of the Convention. Promotion of collective bargaining. The Committee had noted the Government’s indication that the Labour Unions Act No. 7 of 2006 (LUA) was under review, and had requested the Government to take the necessary measures to ensure that the revised legislation recognizes the right of trade union federations and confederations to engage in collective bargaining (section 7 of the LUA). The Committee notes the Government’s indication that this process is still ongoing, and the Committee’s observation on this matter is one of the areas for amendment. Recalling that the review process of the LUA has been ongoing for some years, the Committee expects that it will be amended without delay, following consultations with the social partners, to ensure its conformity with the Convention. The Committee requests the Government to provide information on any developments in this regard.

Compulsory arbitration. The Committee has, for many years, requested the Government to amend sections 5(1) and (3), and 27 of the Labour Disputes (Arbitration and Settlement) Act of 2006 (LDASA) with a view to ensuring that arbitration may only be imposed in the case of disputes in the public service involving public servants engaged in the administration of the State (Article 6 of the Convention), or in essential services in the strict sense of the term (namely those services whose interruption would endanger the life, personal safety or health of the whole or part of the population), or in the case of acute national crisis. The Committee notes withconcernthe Government’s indication that theLDASA was amended in 2020 but that section 5 (1) and (3) and 27 were not amended in the process, despite the Government’s previous indication that consultations were held with the social partners to amend these provisions.The Committee notes the Government’s indication that it will consider addressing the matter through other policy arrangements.The Committee urges the Government to, in consultation with the social partners, take all the necessary measures to amend sections 5(1) and (3), and 27 of the LDASA, irrespective of other policy arrangements that may be adopted by the Government, to ensure that arbitration in situations other than those mentioned above can take place only at the request of both parties involved in the dispute and that the applicable legislation is fully in line with the Convention. The Committee requests the Government to provide information on any developments in this regard, including any other policy arrangements adopted.

Articles 4 and 6. Promotion of collective bargaining for public servants not engaged in the administration of the State. The Committee had requested the Government to provide information on the outcome of the negotiation between the Council, composed of ten Public Service Labour Unions, which concluded a collective bargaining discussion for salary increase for the period of five years, starting from the financial year of 2018–19. Observing that the Government does not provide information on the outcome of this negotiation, the Committee once again requests the Government to provide it.

Application of the Convention in practice. The Committee notes the Government’s indication with respect to the challenges for implementation and enforcement of the existing legislation on freedom of association in informal enterprises, due to the low number of workers, the casual nature of their work, and the instability of enterprises, which leads to obstacles to unionization. The Committee observes that this situation also results in challenges to collective bargaining. The Committee requests the Government to provide information on the measures taken to promote collective bargaining for workers in the informal sector and recalls that it may avail itself of the technical assistance of the Office. The Committee also requests the Government to provide detailed information on the number of collective agreements concluded and in force, in all sectors of the economy, and the number of workers covered by these agreements.