Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes that the Government’s report has not been received. The Committee also notes, however, that the new Employment Act 2006 contains provisions relevant to the application of the Convention. The Committee also notes the report of the National Tripartite Workshop on International Labour Standards and Article 22 Reporting, held in October 2008 in Kampala.

Articles 2, 3 and 6, paragraph 1, of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee notes that section 37(1) of the Employment Act 2006 states that no person shall organize the illicit or clandestine movements of migrants for employment for the purposes of departing from, passing through or arriving in Uganda, or give assistance to any organization for that purpose. Section 37(2) prohibits any person employing a person whom he or she knows to be unlawfully in the country. Any person contravening these provisions commits any offence (section 37(3)). The Committee notes that section 96(1) imposes, in case of a contravention of the Act for which no specific penalty is provided, a fine going up to 48 currency points or/and imprisonment not exceeding two years. The Committee further notes from the above-mentioned workshop report that the problem of illegal employment of migrants is addressed by regular workplace inspections and that the Department of Immigration has requested workers’ organizations to share information on the illegal employment of migrant workers. The Committee recalls that the measures advocated in Part I of the Convention to combat clandestine movements of migrants are primarily targeted at the demand for clandestine labour rather than the supply. The objective of Article 6(1) of the Convention is therefore to define and apply sanctions against organizers of clandestine movements and against employers in cases of illegal employment, and not against irregular migrant workers themselves. The Committee asks the Government to provide information on the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act, as well as on any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed. Please also provide information on the number of workplace inspections carried out and any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. The Committee notes from the abovementioned workshop report that migrants who are illegally employed or in an irregular situation are arrested and deported. The Committee asks the Government to provide information on the measures taken to ensure that:

(i)    migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;

(ii)   the worker concerned shall have the possibility to present his or her case to a competent body, and

(iii) that the costs of expulsion shall not be borne by the migrant worker or his or her family.

Articles 10 and 14(a). National equality policy and free choice of employment. The Committee notes that, pursuant to section 6(2) of the Employment Act 2006, all parties, including the minister, labour officers and the Industrial Court, have the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, with a view to eliminating discrimination. Section 6(3) of the Act prohibits discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee also notes that, pursuant to sections 6(5) and 97(2)(c) of the Act, the Minister can by regulations limit the range of jobs open to migrant workers. Recalling that, pursuant to Article 14(a), migrant workers shall have the free choice of employment, after an initial period of lawful residence not exceeding two years, the Committee requests the Government to indicate any employment restrictions imposed on migrant workers, including copies of any regulations adopted by the Minister, pursuant to section 6(5) of the Employment Act. The Government is also requested to provide information on the measures taken, and the results achieved, by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals in accordance with section 6(2) and (3) of the Employment Act and with Article 10 of the Convention.