Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Ouganda (Ratification: 1963)

Autre commentaire sur C105

Observation

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The Committee notes with regret that the Government’s report, which was due since 2019, does not contain replies to its previous comments. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously urged the Government to review and amend a number of provisions punishing certain activities, which might fall within the scope of the Convention, with penalties of imprisonment involving an obligation to perform labour pursuant to the Prisons Regulations (section 61). The provisions in question are as follows:

–provisions of the Public Order and Security Act No. 20 of 1967, empowering the executive to restrict an individual’s association or communication with others, independently of the commission of any offence, subject to penalties involving compulsory labour;
–sections 54(2)(c), 55, 56 and 56(a) of the Penal Code, empowering the minister to declare any combination of two or more people an unlawful society and thus rendering any speech, publication or activity on behalf of, or in support of, such a combination, illegal and punishable with imprisonment; and
–sections 5(8) and 8(4) of the Public Order Management Act, 2013, respectively for disobedience of statutory duty in case of organizing a public meeting without any reasonable excuse, and for disobedience of lawful orders during public meetings.

Regarding the Public Order Management Act of 2013, the Committee notes the decision of the Constitutional Court of Uganda of March 2020 in the case Human Rights Network Uganda & 4 Ors v. Attorney General (Constitutional Petition 56 of 2013). The Committee welcomes the fact that by a majority decision, the Court declared and ordered that section 8 of the Public Order Management Act was unconstitutional and therefore null and void, and that all acts made under that Act are also null and void.

The Committee notes with concern from the information of the United Nations (UN) country team in the framework of the Universal Periodic Review of the UN Human Rights Council of November 2021, that hundreds of opposition organizers, campaign staff, members and supporters were arrested and detained, and some were subjected to incommunicado detention, including in military detention facilities, during the electoral period. There were widespread restrictions on political participation, media freedom and freedom of peaceful assembly throughout the electoral campaign. The UN country team also referred to Covid-19 restrictions on public meetings and assemblies, which were applied in a discriminatory manner to target people perceived as opponents of the Government (A/HRC/WG.6/40/UGA/2, paragraphs 12 and 18).

The Committee recalls that legislation regulating the exercise of civil liberties shall not be applied in a manner that could result in the imposition of prison sentences involving compulsory labour on persons who hold or express political views or views opposed to the established political, social or economic system. The Committee points out that, in this regard, the range of activities which must be protected from punishment involving compulsory labour, under Article 1(a) of the Convention, comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (2012 General Survey on the fundamental Conventions, paragraphs 302 and 303). The Committee therefore urges the Government to take the necessary measures to ensure that, both in law and in practice, no penalties involving compulsory prison labour can be imposed on persons who peacefully express political views or views ideologically opposed to the established political, social or economic system. The Committee expresses the firm hope that the necessary action will be taken regarding the revision of the provisions the Public Order and Security Act No. 20 of 1967, the Penal Code (sections 54(2)(c), 55, 56 and 56(a)), and the Public Order Management Act, 2013 (section 5(8)), to ensure the observance of the Convention, and that the Government will soon report on any progress made in this regard. It also requests the Government to provide information on the legal consequences of the above-mentioned decision of the Constitutional Court.

Article 1(d). Penal sanctions involving compulsory labour as a punishment for having participated in strikes. The Committee previously noted that the Labour Disputes (Arbitration and Settlement) Act, 2006 contains provisions concerning the resolution and settlement of labour disputes which could lead to the imposition of compulsory arbitration procedures, thus making strikes or other industrial action unlawful. Organization of strikes in these circumstances are punishable with imprisonment (involving compulsory prison labour) (sections 28(6) and 29(2) and (3)). The Committee also noted that under sections 33(1) and (2) of the Act, the minister may refer disputes in essential services to the Industrial Court, thus making illegal any collective withdrawal of labour in such services; the violation of this prohibition is punishable with imprisonment.

While the Government previously indicated under the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), that an Amendment Bill, 2019, to the Labour Disputes (Arbitration and Settlement) Act, 2006, was before Parliament for discussion, the Committee notes with regret that the Labour Disputes (Arbitration and settlement) (Amendment) Act adopted in 2020 does not take into account the Committee’s recommendations.

The Committee recalls in this regard that, in accordance with Article 1(d) of the Convention, persons who organize or peacefully participate in a strike cannot be liable to sanctions involving compulsory labour. Furthermore, when restrictions and prohibitions on the right to strike, connected with the imposition of compulsory arbitration, are enforceable with sanctions involving compulsory labour, they should be limited to the sectors, types of employment or situations where, in conformity with freedom of association principles, restrictions may be imposed on the right to strike itself (such as, essential services in the strict sense of the term or situations of acute national crisis). The Committee refers in this regard to its comments under Convention No. 87 and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee therefore urges the Government to take the necessary measures to ensure that the Labour Disputes (Arbitration and Settlement) Act, 2006, is amended so that workers who participate peacefully in a strike are not liable to sanctions of imprisonment involving compulsory labour. The Committee requests the Government to provide information on any progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.