Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s first report. It also notes the detailed discussion which took place at the Conference Committee on the Application of Standards of the 95th Session of the International Labour Conference in June 2006. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of the Convention provides that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as forced or compulsory labour”, the Committee is of the view that the issue of forced labour of children can be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Abductions and the exaction of forced labour. In its previous comments under Convention No. 29, the Committee had noted that the armed group Lord’s Resistance Army (LRA) abducted children of both sexes, forcing them to provide work and services as concubines, these alleged activities being associated with killings, beatings and rape of these children. Over 14,000 children had been abducted from districts in northern Uganda.

The Committee notes the Government’s information during the Conference Committee discussion that it was making efforts to address the problem of children’s abductions. In this regard, legislative, awareness-raising and rehabilitative measures had been adopted in order to combat the abductions of children. Moreover, the Governments of Uganda and Sudan signed an agreement in Nairobi in December 1999 for the return of children abducted from Uganda and taken to Sudan by the LRA. As a result of these efforts, no serious cases of abductions were reported in the last six months and internally displaced persons had started returning to their homes.

The Committee notes that article 25:1 of the Constitution of Uganda stipulates that no person shall be held in slavery or servitude. It notes that the Penal Code punishes as offences abduction (section 126); detention with sexual intent (section 134); and abduction for the purpose of reducing to slavery (section 245). It also notes that article 25:2 of the Constitution states that no person shall be required to perform forced labour. Moreover, section 5 of the Employment Act of 2006 states that anyone who uses, or assists any other person in using, forced or compulsory labour commits an offence. Finally, section 252 of the Penal Code provides that any person who unlawfully compels any other to labour against their will commits a misdemeanour.

The Committee notes that, according to the report of the United Nations Secretary-General on children and armed conflict in Uganda of 7 May 2007 (S/2007/260, paragraph 10) (the Secretary-General’s report of 2007), the latest figures from 2005 suggest that as many as 25,000 children may have been abducted since the onset of the conflict in northern Uganda in Kitgum and Gulu districts. Children have been used as porters, informants, and other service providers, including sexual slaves. However, the total number of abductions has significantly reduced since its peak in 2004. The total number of abductions in January 2005 was estimated to be approximately 1,500, significantly reducing to 222 over the first six months of 2006. Since September 2006, there have been no confirmed reports on the abduction of children in Uganda by the LRA. However, the LRA is not currently active within the territory of Uganda. In fact, the peace talks between the Government of Uganda and the LRA officially opened on 14 July 2006 and the parties signed a formal cessation of hostilities agreement in August 2006, which was extended until 30 June 2007. It was initially expected that the prospects of the signing of a peace agreement would mean a potentially significant increase in the number of children released by the LRA. However, despite repeated pleas by various stakeholders, the LRA has not released children from its ranks.

The Committee expresses its deep concern at the situation of children abducted by the LRA and forced to provide work and services as informants, porters, hostages, and victims of sexual exploitation and violence. It observes that, while there have been positive and tangible steps, which include various peace agreements, to combat the abductions and the exaction of forced labour from children, there is no evidence that the forced labour of children has been eliminated, as children have not been released from the LRA. Therefore, although the national legislation appears to prohibit abductions and the exaction of forced labour, this remains a serious issue of concern in practice. In this regard, the Committee reminds the Government that, by virtue of Article 3(a) of the Convention, forced labour is considered as one of the worst forms of child labour, and that by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the elimination of the worst forms of child labour as a matter of urgency. It urges the Government to redouble its efforts to improve the situation and to take the necessary measures, as a matter of urgency, to ensure that the practice of abductions and the exaction of forced labour from children under 18 years is eradicated. It also requests the Government to take the necessary measures to ensure that the offenders are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. It finally requests the Government to provide information on the time-bound measures taken to remove children from situations of abduction and forced labour and provide for their rehabilitation and social integration.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted, under Convention No. 29, that children abducted by the LRA were forced to become part of the conflict and used, among others, as soldiers.

The Committee notes that, according to the Secretary-General’s report of 2007 (paragraph 5), Uganda is among the countries where parties to armed conflicts – the Uganda People Defence Force (UPDF), the local defence units and the armed group, the LRA – recruited or used children and were responsible for other grave violations. According to this report, it is estimated that, notwithstanding various peace agreements, up to 2,000 women and children may still be held by the LRA within its ranks and have not been released. Regarding children recruited by the national military forces, the Secretary-General’s report indicates that the UPDF recruits young boys to serve in its armed forces, especially within the local defence units, which are UPDF auxiliary forces (defence units are not specifically regulated by law, they are de facto under the responsibility of the regular armed forces in Uganda and receive training and arms from the UPDF). According to the report, there are no signs of release of the 1,128 children reported to have been mobilized into local units in late 2004.

During recruitment, age verification is rarely carried out during enrolment. After training, many of these children are said to be fighting alongside the UPDF. Although the Government of Uganda incorporated, in 2005, in the Uganda People’s Defence Forces Act a provision prohibiting the recruitment and use of child soldiers, the lack of effective monitoring at the local level leads to children continuing to join some elements of the armed forces. According to the report, in order to address the issue of children recruited in armed conflict, the Government has committed itself to strengthening the implementation of the existing legal and policy frameworks on the recruitment and use of children in armed conflict. Moreover, in December 2006, the UPDF agreed to undertake inspection and monitoring, also during the recruitment process, with the purpose of age verification. Furthermore, the Uganda Task Force on Monitoring and Reporting (UTF) has committed itself to working with the UPDF and the local defence units to ensure immediate and appropriate follow-up to remove any person under 18 years of age found within the UPDF and local defence units, including through referral to appropriate child protection agencies.

The Committee finally notes that, in his recommendations, the Secretary-General: (a) called upon all parties to the conflict to maintain a dialogue with the UTF for the preparation and development of a concrete time-bound action plan; (b) expressed his concern at the absence of any sign of release of children associated with various forces, especially the local defence units and the LRA, and urged appropriate measures for their immediate release, disarmament, demobilization and reintegration; and (c) urged the LRA leaders to end child recruitment and release children associated with their forces (Secretary-General’s report of 2007, paragraphs 63–65).

While noting the positive measures taken by the Government in this field, including the cooperation between the UPDF and the UTF, the Committee expresses its concern at the situation of children who continue to be recruited for armed conflict by the UPDF, the local defence units and the LRA. The Committee requests the Government to take prompt and effective action to ensure that the practice of forced or compulsory recruitment of children under 18 years of age in armed conflict is both prohibited and eliminated in the national armed forces and in rebel groups. In line with the recommendations of the UN Secretary‑General on children and armed conflict, the Committee also urges the Government to pursue its efforts to ensure that children under 18 years are released from the ranks of the UPDF, local defence units and the LRA. It finally requests the Government to take the necessary measures to ensure that persons who forcibly recruit children under 18 years for use in armed conflict are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. 
Clause (b). Providing the necessary and appropriate assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. Children who have been affected by armed conflict. The Committee notes the Government’s information that the Orphans and Vulnerable Children (OVC) Policy includes interventions to mitigate the impact of the conflict on vulnerable children, especially by providing them with psychological support and with health-care services. It also notes the information contained in the Government’s written replies to the Committee on the Rights of the Child (13 September 2005; CRC/C/RESP/96, page 23), according to which one of the local NGOs, Gulu Support Children Organization (GUSCO), offers children affected by armed conflict a reception centre where they receive rehabilitation services, such as counseling, food, clothing, shelter, education and psychological support. More than 2,000 children have been reunited with their families since 2002. Other rehabilitative centres are the Rachalle Rehabilitation Centre in Lira District – managing a programme of more than 500,000 children within the affected area – and the Aachan Children’s Centre (1,060 children rehabilitated since 2003). The Committee further notes that, according to the Government’s information during the Conference Committee discussion, a number of measures have been taken in order to rehabilitate children affected by conflict: (a) the Psychological Support Programme for the care of children in conflict areas; (b) the creation of the National Core Group for Psychological Support, responsible for advocacy against abduction and conflict-related child abuse; (c) the project implemented by Save the Children from Denmark and Sweden, in collaboration with the UPDF and GUSCO with the aim of training officers in the UPDF’s Child Protection Unit and promoting the observance of rights of children affected by armed conflict. Moreover, according to the Secretary-General’s report of 2007 (paragraph 62), interim care centres, known as reception centres, were established in the north of Uganda in order to receive formerly abducted children, including those referred by the UPDF Child Protection Unit. The Committee requests the Government to continue providing information on the effective and time-bound measures taken to rehabilitate and integrate children affected by the armed conflict and to indicate how many of these children under 18 years have been rehabilitated and reintegrated in their communities through such measures.

The Committee is also addressing a direct request to the Government concerning other points.