Repetition

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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years of age for prostitution is prohibited, to impose criminal responsibility on clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 years of age who are used, procured or offered for prostitution are treated as victims rather than offenders. The Committee noted that the Director of the Directorate of Public Prosecutions had indicated that efforts were being made to amend the Children’s Act of 2000 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution.

The Committee notes with satisfaction that section 8A of the Children’s (Amendment) Act of 2016 provides that a person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature, whether remunerated or not. It notes that the perpetrator is liable to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding five years.

Clause (d). Hazardous types of work. Children working in mines. The Committee observes that, according to the UNICEF Situation analysis of 2015, the Karamoja region has a high incidence of child labour in hazardous mining conditions (page 13). The Committee also observes, from the UNICEF Annual Report of 2016, that 344 girls and 720 boys were removed from the worst forms of child labour, such as mining, as a result of the support of the Ministry of Gender, Labour and Social Development to the strategic plan for the national child helpline. Moreover, the Committee notes that section 8 of the Children’s (Amendment) Act of 2016 prohibits hazardous work, and that the list of hazardous occupations and activities in which the employment of children is not permitted (first schedule of the Employment of Children Regulations of 2012) includes the prohibition of children working in mining. The Committee notes with concern the situation of children working in mines under particularly hazardous conditions.The Committee urges the Government to take the necessary measures to ensure the effective application of the Children’s (Amendment) Act of 2016 and of the Employment of Children Regulations of 2012, so as to prevent children under 18 years of age from working in mines, and to provide the necessary and appropriate direct assistance for their removal.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Orphans and vulnerable children. The Committee previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee noted that orphans and vulnerable children (OVCs) in Uganda were recognized in both the Policy on orphans and other vulnerable children and the National Strategic Plan on OVCs. The Committee also noted that the policies and activities of the National Action Plan on Elimination of the Worst Forms of Child Labour in Uganda 2013–17 (NAP) include orphans and HIV/AIDS affected persons in its target groups. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to intensify its efforts to ensure that such children are protected from the worst forms of child labour.

The Committee notes the absence of information on this point in the Government’s report. The Committee however notes that, according to a report by the Uganda AIDS Commission, entitled: “The Uganda HIV and AIDS country progress report: July 2015–June 2016”, approximately 160,000 OVCs received social support services and a mapping of OVC actors was conducted, among other achievements. The Committee also notes that the Second National Development Plan 2015/16–2019/20 outlines two programmes to support OVCs: the SUNRISE–OVC (Strengthening the Ugandan National Response for Implementation of Services for OVCs), and the SCORE (Strengthening Community OVC Response). While taking due note of the strategic plans developed by the Government and the decrease in the number of OVCs, the Committee notes with concern that there are still approximately 660,000 HIV/AIDS orphans in Uganda, according to UNAIDS estimates for 2015.Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government once again to provide information on specific measures taken in this respect, particularly in the framework of the Policy on orphans and other vulnerable children, the National Strategic Plan on OVCs, the SUNRISE–OVC and the SCORE, and the results achieved.

2. Child domestic workers. The Committee previously noted that the list of hazardous occupations and activities prohibits the engagement of children under 18 years of age in several activities and hazardous tasks in the sector of domestic work. However, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, approximately 51,063 children, that is 10.07 per cent of the number of children aged 5–17 years engaged in hazardous work in Uganda, are domestic housekeepers, cleaners and helpers. In this regard, the Committee observed that domestic workers form a group targeted by the NAP, and requested the Government to provide information on the impact of the NAP on the protection of child domestic workers. The Committee notes the absence of information from the Government in this regard.Recalling that children in domestic work are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee once again requests the Government to provide information on the impact of the NAP on the protection of child domestic workers, particularly the number of child domestic workers engaged in hazardous work who have benefited from initiatives taken in this regard.

3. Refugee children. The Committee observes that, according to the UNICEF Uganda situation report of 31 May 2017, there are over 730,000 refugee children in Uganda, among more than 1.2 million refugees. The Committee also observes from the joint Updated regional framework for the protection of South Sudanese and Sudanese refugee children (July 2015–June 2017), developed by UNHCR, UNICEF and NGOs, that South Sudanese and Sudanese refugee children are subjected to child labour in Uganda (page 5). The Committee finally notes that a Uganda Solidarity Summit on Refugees took place in Kampala in June 2017 to showcase the Uganda model of refugee protection and management, to highlight the emergency and long-term needs of the refugees and to mobilize resources.While acknowledging the difficult refugee situation prevailing in the country and the efforts provided by the Government, the Committee strongly urges the Government to take effective and time-bound measures as a matter of urgency to specifically protect refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

Repetition

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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years of age for prostitution is prohibited, to impose criminal responsibility on clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 years of age who are used, procured or offered for prostitution are treated as victims rather than offenders. The Committee noted that the Director of the Directorate of Public Prosecutions had indicated that efforts were being made to amend the Children’s Act of 2000 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution.

The Committee notes with satisfaction that section 8A of the Children’s (Amendment) Act of 2016 provides that a person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature, whether remunerated or not. It notes that the perpetrator is liable to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding five years.

Clause (d). Hazardous types of work. Children working in mines. The Committee observes that, according to the UNICEF Situation analysis of 2015, the Karamoja region has a high incidence of child labour in hazardous mining conditions (page 13). The Committee also observes, from the UNICEF Annual Report of 2016, that 344 girls and 720 boys were removed from the worst forms of child labour, such as mining, as a result of the support of the Ministry of Gender, Labour and Social Development to the strategic plan for the national child helpline. Moreover, the Committee notes that section 8 of the Children’s (Amendment) Act of 2016 prohibits hazardous work, and that the list of hazardous occupations and activities in which the employment of children is not permitted (first schedule of the Employment of Children Regulations of 2012) includes the prohibition of children working in mining. The Committee notes with concern the situation of children working in mines under particularly hazardous conditions. The Committee urges the Government to take the necessary measures to ensure the effective application of the Children’s (Amendment) Act of 2016 and of the Employment of Children Regulations of 2012, so as to prevent children under 18 years of age from working in mines, and to provide the necessary and appropriate direct assistance for their removal.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Orphans and vulnerable children. The Committee previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee noted that orphans and vulnerable children (OVCs) in Uganda were recognized in both the Policy on orphans and other vulnerable children and the National Strategic Plan on OVCs. The Committee also noted that the policies and activities of the National Action Plan on Elimination of the Worst Forms of Child Labour in Uganda 2013–17 (NAP) include orphans and HIV/AIDS affected persons in its target groups. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to intensify its efforts to ensure that such children are protected from the worst forms of child labour.

The Committee notes the absence of information on this point in the Government’s report. The Committee however notes that, according to a report by the Uganda AIDS Commission, entitled: “The Uganda HIV and AIDS country progress report: July 2015–June 2016”, approximately 160,000 OVCs received social support services and a mapping of OVC actors was conducted, among other achievements. The Committee also notes that the Second National Development Plan 2015/16–2019/20 outlines two programmes to support OVCs: the SUNRISE–OVC (Strengthening the Ugandan National Response for Implementation of Services for OVCs), and the SCORE (Strengthening Community OVC Response). While taking due note of the strategic plans developed by the Government and the decrease in the number of OVCs, the Committee notes with concern that there are still approximately 660,000 HIV/AIDS orphans in Uganda, according to UNAIDS estimates for 2015. Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government once again to provide information on specific measures taken in this respect, particularly in the framework of the Policy on orphans and other vulnerable children, the National Strategic Plan on OVCs, the SUNRISE–OVC and the SCORE, and the results achieved.

2. Child domestic workers. The Committee previously noted that the list of hazardous occupations and activities prohibits the engagement of children under 18 years of age in several activities and hazardous tasks in the sector of domestic work. However, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, approximately 51,063 children, that is 10.07 per cent of the number of children aged 5–17 years engaged in hazardous work in Uganda, are domestic housekeepers, cleaners and helpers. In this regard, the Committee observed that domestic workers form a group targeted by the NAP, and requested the Government to provide information on the impact of the NAP on the protection of child domestic workers.

The Committee notes the absence of information from the Government in this regard. Recalling that children in domestic work are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee once again requests the Government to provide information on the impact of the NAP on the protection of child domestic workers, particularly the number of child domestic workers engaged in hazardous work who have benefited from initiatives taken in this regard.

3. Refugee children. The Committee observes that, according to the UNICEF Uganda situation report of 31 May 2017, there are over 730,000 refugee children in Uganda, among more than 1.2 million refugees. The Committee also observes from the joint Updated regional framework for the protection of South Sudanese and Sudanese refugee children (July 2015–June 2017), developed by UNHCR, UNICEF and NGOs, that South Sudanese and Sudanese refugee children are subjected to child labour in Uganda (page 5). The Committee finally notes that a Uganda Solidarity Summit on Refugees took place in Kampala in June 2017 to showcase the Uganda model of refugee protection and management, to highlight the emergency and long-term needs of the refugees and to mobilize resources. While acknowledging the difficult refugee situation prevailing in the country and the efforts provided by the Government, the Committee strongly urges the Government to take effective and time-bound measures as a matter of urgency to specifically protect refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

Repetition

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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years of age for prostitution is prohibited, to impose criminal responsibility on clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 years of age who are used, procured or offered for prostitution are treated as victims rather than offenders. The Committee noted that the Director of the Directorate of Public Prosecutions had indicated that efforts were being made to amend the Children’s Act of 2000 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution.

The Committee notes with satisfaction that section 8A of the Children’s (Amendment) Act of 2016 provides that a person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature, whether remunerated or not. It notes that the perpetrator is liable to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding five years.

Clause (d). Hazardous types of work. Children working in mines. The Committee observes that, according to the UNICEF Situation analysis of 2015, the Karamoja region has a high incidence of child labour in hazardous mining conditions (page 13). The Committee also observes, from the UNICEF Annual Report of 2016, that 344 girls and 720 boys were removed from the worst forms of child labour, such as mining, as a result of the support of the Ministry of Gender, Labour and Social Development to the strategic plan for the national child helpline. Moreover, the Committee notes that section 8 of the Children’s (Amendment) Act of 2016 prohibits hazardous work, and that the list of hazardous occupations and activities in which the employment of children is not permitted (first schedule of the Employment of Children Regulations of 2012) includes the prohibition of children working in mining. The Committee notes with concern the situation of children working in mines under particularly hazardous conditions. The Committee urges the Government to take the necessary measures to ensure the effective application of the Children’s (Amendment) Act of 2016 and of the Employment of Children Regulations of 2012, so as to prevent children under 18 years of age from working in mines, and to provide the necessary and appropriate direct assistance for their removal.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Orphans and vulnerable children. The Committee previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee noted that orphans and vulnerable children (OVCs) in Uganda were recognized in both the Policy on orphans and other vulnerable children and the National Strategic Plan on OVCs. The Committee also noted that the policies and activities of the National Action Plan on Elimination of the Worst Forms of Child Labour in Uganda 2013–17 (NAP) include orphans and HIV/AIDS affected persons in its target groups. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to intensify its efforts to ensure that such children are protected from the worst forms of child labour.

The Committee notes the absence of information on this point in the Government’s report. The Committee however notes that, according to a report by the Uganda AIDS Commission, entitled: “The Uganda HIV and AIDS country progress report: July 2015–June 2016”, approximately 160,000 OVCs received social support services and a mapping of OVC actors was conducted, among other achievements. The Committee also notes that the Second National Development Plan 2015/16–2019/20 outlines two programmes to support OVCs: the SUNRISE–OVC (Strengthening the Ugandan National Response for Implementation of Services for OVCs), and the SCORE (Strengthening Community OVC Response). While taking due note of the strategic plans developed by the Government and the decrease in the number of OVCs, the Committee notes with concern that there are still approximately 660,000 HIV/AIDS orphans in Uganda, according to UNAIDS estimates for 2015. Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government once again to provide information on specific measures taken in this respect, particularly in the framework of the Policy on orphans and other vulnerable children, the National Strategic Plan on OVCs, the SUNRISE–OVC and the SCORE, and the results achieved.

2. Child domestic workers. The Committee previously noted that the list of hazardous occupations and activities prohibits the engagement of children under 18 years of age in several activities and hazardous tasks in the sector of domestic work. However, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, approximately 51,063 children, that is 10.07 per cent of the number of children aged 5–17 years engaged in hazardous work in Uganda, are domestic housekeepers, cleaners and helpers. In this regard, the Committee observed that domestic workers form a group targeted by the NAP, and requested the Government to provide information on the impact of the NAP on the protection of child domestic workers.

The Committee notes the absence of information from the Government in this regard. Recalling that children in domestic work are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee once again requests the Government to provide information on the impact of the NAP on the protection of child domestic workers, particularly the number of child domestic workers engaged in hazardous work who have benefited from initiatives taken in this regard.

3. Refugee children. The Committee observes that, according to the UNICEF Uganda situation report of 31 May 2017, there are over 730,000 refugee children in Uganda, among more than 1.2 million refugees. The Committee also observes from the joint Updated regional framework for the protection of South Sudanese and Sudanese refugee children (July 2015–June 2017), developed by UNHCR, UNICEF and NGOs, that South Sudanese and Sudanese refugee children are subjected to child labour in Uganda (page 5). The Committee finally notes that a Uganda Solidarity Summit on Refugees took place in Kampala in June 2017 to showcase the Uganda model of refugee protection and management, to highlight the emergency and long-term needs of the refugees and to mobilize resources. While acknowledging the difficult refugee situation prevailing in the country and the efforts provided by the Government, the Committee strongly urges the Government to take effective and time-bound measures as a matter of urgency to specifically protect refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

Repetition

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.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee previously requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years of age for prostitution is prohibited, to impose criminal responsibility on clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 years of age who are used, procured or offered for prostitution are treated as victims rather than offenders. The Committee noted that the Director of the Directorate of Public Prosecutions had indicated that efforts were being made to amend the Children’s Act of 2000 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution.

The Committee notes with satisfaction that section 8A of the Children’s (Amendment) Act of 2016 provides that a person shall not engage a child in any work or trade that exposes the child to activities of a sexual nature, whether remunerated or not. It notes that the perpetrator is liable to a fine not exceeding one hundred currency points or to a term of imprisonment not exceeding five years.

Clause (d). Hazardous types of work. Children working in mines. The Committee observes that, according to the UNICEF Situation analysis of 2015, the Karamoja region has a high incidence of child labour in hazardous mining conditions (page 13). The Committee also observes, from the UNICEF Annual Report of 2016, that 344 girls and 720 boys were removed from the worst forms of child labour, such as mining, as a result of the support of the Ministry of Gender, Labour and Social Development to the strategic plan for the national child helpline. Moreover, the Committee notes that section 8 of the Children’s (Amendment) Act of 2016 prohibits hazardous work, and that the list of hazardous occupations and activities in which the employment of children is not permitted (first schedule of the Employment of Children Regulations of 2012) includes the prohibition of children working in mining. The Committee notes with concern the situation of children working in mines under particularly hazardous conditions. The Committee urges the Government to take the necessary measures to ensure the effective application of the Children’s (Amendment) Act of 2016 and of the Employment of Children Regulations of 2012, so as to prevent children under 18 years of age from working in mines, and to provide the necessary and appropriate direct assistance for their removal.

Article 7(2). Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. 1. Orphans and vulnerable children. The Committee previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee noted that orphans and vulnerable children (OVCs) in Uganda were recognized in both the Policy on orphans and other vulnerable children and the National Strategic Plan on OVCs. The Committee also noted that the policies and activities of the National Action Plan on Elimination of the Worst Forms of Child Labour in Uganda 2013–17 (NAP) include orphans and HIV/AIDS affected persons in its target groups. However, noting with concern the large number of children orphaned as a result of HIV/AIDS, the Committee urged the Government to intensify its efforts to ensure that such children are protected from the worst forms of child labour.

The Committee notes the absence of information on this point in the Government’s report. The Committee however notes that, according to a report by the Uganda AIDS Commission, entitled: “The Uganda HIV and AIDS country progress report: July 2015–June 2016”, approximately 160,000 OVCs received social support services and a mapping of OVC actors was conducted, among other achievements. The Committee also notes that the Second National Development Plan 2015/16–2019/20 outlines two programmes to support OVCs: the SUNRISE–OVC (Strengthening the Ugandan National Response for Implementation of Services for OVCs), and the SCORE (Strengthening Community OVC Response). While taking due note of the strategic plans developed by the Government and the decrease in the number of OVCs, the Committee notes with concern that there are still approximately 660,000 HIV/AIDS orphans in Uganda, according to UNAIDS estimates for 2015. Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect these children from the worst forms of child labour. It requests the Government once again to provide information on specific measures taken in this respect, particularly in the framework of the Policy on orphans and other vulnerable children, the National Strategic Plan on OVCs, the SUNRISE–OVC and the SCORE, and the results achieved.

2. Child domestic workers. The Committee previously noted that the list of hazardous occupations and activities prohibits the engagement of children under 18 years of age in several activities and hazardous tasks in the sector of domestic work. However, the Committee noted that, according to the National Labour Force and Child Activities Survey 2011–12 of July 2013, approximately 51,063 children, that is 10.07 per cent of the number of children aged 5–17 years engaged in hazardous work in Uganda, are domestic housekeepers, cleaners and helpers. In this regard, the Committee observed that domestic workers form a group targeted by the NAP, and requested the Government to provide information on the impact of the NAP on the protection of child domestic workers.

The Committee notes the absence of information from the Government in this regard. Recalling that children in domestic work are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee once again requests the Government to provide information on the impact of the NAP on the protection of child domestic workers, particularly the number of child domestic workers engaged in hazardous work who have benefited from initiatives taken in this regard.

3. Refugee children. The Committee observes that, according to the UNICEF Uganda situation report of 31 May 2017, there are over 730,000 refugee children in Uganda, among more than 1.2 million refugees. The Committee also observes from the joint Updated regional framework for the protection of South Sudanese and Sudanese refugee children (July 2015–June 2017), developed by UNHCR, UNICEF and NGOs, that South Sudanese and Sudanese refugee children are subjected to child labour in Uganda (page 5). The Committee finally notes that a Uganda Solidarity Summit on Refugees took place in Kampala in June 2017 to showcase the Uganda model of refugee protection and management, to highlight the emergency and long-term needs of the refugees and to mobilize resources. While acknowledging the difficult refugee situation prevailing in the country and the efforts provided by the Government, the Committee strongly urges the Government to take effective and time-bound measures as a matter of urgency to specifically protect refugee children from the worst forms of child labour and to provide the necessary and appropriate direct assistance for their removal and for their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously observed that only the procuring and offering of women and girls for prostitution appeared to be prohibited in the Penal Code. It also observed that, by virtue of section 139 of the Penal Code, anyone who practises or engages in prostitution as well as intermediaries involved in prostitution commit an offence, while clients did not appear to be penalized. The Committee therefore requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years for prostitution is prohibited, to criminalize clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 years who are used, procured or offered for prostitution are treated as victims rather than offenders. The Committee noted that the Principal State Attorney from the Directorate of Legal Advisory Services of the Ministry of Justice and Constitutional Affairs indicated that the legal gaps between national criminal legislation and the Convention would be looked into during the ongoing legislative review of the Penal Code. Furthermore, the Director of Public Prosecutions from the Directorate of Public Prosecutions indicated that efforts were being made to amend the Children’s Act of 2001 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution.

Noting the absence of information on this point in the Government’s report, the Committee once again expresses the firm hope that the revision of the Penal Code and of the Children’s Act will take into account the outstanding comments of the Committee. It once again requests the Government to take immediate measures to ensure that the amendments to those laws are adopted, as a matter of urgency, in conformity with Article 3(b) of the Convention. It requests the Government to provide information on the progress made in this regard in its next report.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously observed that there did not appear to be any legislative provisions specifically addressing the use, procuring or offering of a child under 18 years 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. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to take measures to ensure that the draft Bill on child pornography effectively prohibits the use, procuring or offering of both boys and girls under 18 years of age by anyone for the production of pornography or for pornographic performances, and provides for effective and sufficiently dissuasive penalties. It once again requests the Government to take immediate measures to ensure that this Bill is adopted as a matter of urgency, and requests it to provide information on the progress made in this regard.

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 once again requests the Government to provide information on the progress made in establishing the office responsible for the coordination, monitoring and overseeing of the Trafficking in Persons Act. It also requests the Government to provide information on the activities of this office once it is established, in particular with regard to combating the sale and trafficking of children under 18 years 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 6. Programmes of action. National Action Plan for the elimination of the worst forms of child labour. Following its previous comments, the Committee notes with interest that, with the collaboration of ILO–IPEC through the Project of Support for the preparatory phase of the Uganda National Action Plan for the elimination of child labour (ILO–IPEC–SNAP), the National Action Plan (NAP) for the elimination of the worst forms of child labour in Uganda was launched in June 2012 for implementation until 2016–17. The goal of the NAP is to reduce the magnitude of the worst forms of child labour by 2017, through six strategic objectives: increased enrolment and completion of primary education; increased access to social protection and assistance to households; increased public awareness and mobilization; strengthened legal, policy and institutional framework; withdrawal, rehabilitation and reintegration of children in the worst forms of child labour; and enhanced tripartism. The Committee requests the Government to provide information on the impact of the NAP on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee previously noted that the implementation of the Universal Primary Education (UPE) increased the enrolment of children in primary school. Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education was implemented. In this regard, the Committee noted that, according to the annual school census of 2008, published on the website of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education was 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observed that, according to the same source, the net enrolment ratio in secondary education was of only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee notes 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 (75.2 per cent for boys and 77.8 per cent for girls), and the net enrolment ratio in secondary education is 28.8 per cent (26.9 per cent for boys and 30.7 per cent for girls). The Committee therefore observes 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 notes that one of the implementation strategies of the NAP is to increase enrolment and completion of primary level education through several activities, including providing the necessary learning materials for school, recruiting more teachers, and improving the infrastructure to increase access to education for targeted children. Moreover, the Committee notes that Uganda is 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 notes 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. 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 requests the Government to provide information on the time-bound measures taken, particularly in the framework of the NAP, the 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. The Committee once again requests the Government to provide information on the results achieved.

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. Following its previous comments, the Committee notes that, in the framework of the ILO–IPEC–SNAP project, a total of 8,733 children were effectively prevented and withdrawn from the worst forms of child labour. It notes 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. The aim is to create good practice models for child labour free zones that can be scaled up throughout the country. In this regard, the Committee observes that the activities planned include developing guidelines for identification of the worst forms of child labour in key sectors and mechanisms for the withdrawal of children from these worst forms; reuniting and resettling rehabilitated children with their families and communities; identifying service providers and referring affected children; and providing resettlement packages to children withdrawn from child labour. The Committee 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.

Clause (d). Identify and reach out to children at special risk. Child domestic workers. Following its previous comments, the Committee notes that the list of hazardous occupations and activities in the First Schedule of the Employment of Children Regulations of 2011 prohibits the engagement of children under 18 years in several activities and hazardous tasks in the sector of domestic work. However, the Committee notes that, according to the SLF–CAS, approximately 51,063 children, that is 10.07 per cent of the number of children aged five to 17 years engaged in hazardous work in Uganda, are domestic housekeepers, cleaners and helpers. In this regard, the Committee observes that domestic workers form a group targeted by the action of the NAP. Recalling that children in domestic work are particularly vulnerable to the worst forms of child labour, including hazardous work, the Committee requests the Government to provide information on the impact of the NAP on the protection of child domestic workers, particularly the number of child domestic workers engaged in hazardous work who have benefited from initiatives taken in this regard.

Application of the Convention in practice. Following its previous comments, the Committee notes that, in collaboration with the ILO–IPEC–SIMPOC, the Uganda Bureau of Statistics conducted the National Labour Force and Child Activities Survey 2011–12 of July 2013. According to this survey, a total of 2.009 million children aged 5–17 years were in child labour (approximately 16 per cent of all children), including 307,300 aged 14–17 in hazardous work or working excessive hours (183,300 boys and 124,000 girls). A total of 507,000 children aged 5–17 years were found in hazardous work (25 per cent of the children in child labour): 170,000 (33.5 per cent) were working long hours; 80,600 (15.9 per cent) were performing night work; and 256,000 (50.6 per cent) were in conditional hazardous work, that is in industries and/or occupations gazetted as hazardous. In this regard, the survey reveals that the majority of children in conditional hazardous work were livestock and dairy workers (23.2 per cent). Another 19.9 per cent were domestic workers; 15.9 per cent were builders and construction workers; 12.3 per cent involved in the growing of rice; 7.1 per cent were working in restaurants; 4.9 per cent were potters and brick making workers; 4.6 per cent were in mining and quarrying; and 12.1 per cent in other sectors. The Committee also notes that one in every four working children (25.5 per cent) carried heavy loads at their workplaces.

While welcoming the several measures taken by the Government towards the elimination of the worst forms of child labour in Uganda, the Committee must express its serious concern at the number of children involved in the worst forms of child labour, in particular hazardous work, and working excessive hours in Uganda. The Committee requests the Government to strengthen its efforts to improve the situation and ensure the effective enforcement of the Convention in practice. The Committee also requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

Articles 3(a) and 7(2)(b) of the Convention. Worst forms of child labour and effective and time-bound measures to 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. Abductions and the exaction of forced labour and compulsory recruitment of children for use in armed conflict. The Committee previously noted 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 5), Uganda was among the countries where parties to armed conflicts – the Ugandan People Defence Force (UPDF), the local defence units and the Lord’s Resistance Army (LRA) – recruited or used children and were responsible for other grave violations. The Committee further noted that, in its concluding observations for the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict of 17 October 2008, the Committee on the Rights of the Child expressed concern over continued abductions of children living in border regions by the LRA, to be used as child soldiers, sex slaves, spies and to carry goods and weapons (CRC/C/OPAC/UGA/CO/1, paragraph 24).

However, the Committee noted that, according to the report of the Secretary General on children and armed conflict in Uganda of 15 September 2009 (S/2009/462) (Secretary-General’s report of 2009), the LRA has not knowingly operated in Ugandan territory since the cessation of hostilities in August 2006. The Committee further noted that a number of measures had been taken in order to rehabilitate children affected by conflict. The Committee also noted that, according to the Secretary-General’s report of 2009, the action plan regarding children associated with armed forces in Uganda signed by the Government of Uganda and the Uganda Task Force on Monitoring and Reporting (UTF) on 16 January 2009 covered different areas of activities, including preventing the recruitment of children under 18 years for use in armed conflict and releasing and reintegrating under age recruits.

The Committee notes that, according to the report of 25 May 2012 of the Secretary-General on the situation of children and armed conflict affected by the LRA (S/2012/365), there does not appear to remain any cases of abduction, exaction of forced labour, or compulsory recruitment of children by the LRA on Ugandan territory. Moreover, the Committee notes with interest that, according to the Secretary-General’s report of 2012 (paragraph 46), during the reporting period, 106 Ugandan children (47 girls and 59 boys) were separated from the LRA and were received in reception centres in northern Uganda as part of the repatriation and reunification process for LRA-affected children, managed by non-governmental organization (NGO) partners with United Nations support. All children were provided with interim care, counselling, family tracing and reunification assistance, as well as, in some cases, age-appropriate vocational training. The Committee encourages the Government to continue its efforts and take effective and time bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to continue providing information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities through these measures.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Orphans and vulnerable children. The Committee previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic.

The Committee notes that orphans and vulnerable children (OVCs) in Uganda are recognized in both the Policy on Orphans and Other Vulnerable Children and the National Strategic Plan on OVCs. The Committee also notes that the policies and activities of the National Action Plan on Elimination of the Worst Forms of Child Labour in Uganda include orphans and HIV/AIDS affected persons in its target groups. However, the Committee notes with concern that, according to UNAIDS estimates for 2012, there are approximately 1 million orphans due to HIV/AIDS in Uganda. Moreover, according to the National Labour Force and Child Activities Survey 2011–12, about half (51.1 per cent) of the children in Uganda who lost both parents were involved in employment and, as a result of their plight, found themselves in child labour. The survey also reveals that, overall, orphans were less likely to attend school compared to non-orphans. Recalling that children orphaned as a result of HIV/AIDS and other vulnerable children are at particular risk of becoming involved in the worst forms of child labour, the Committee urges the Government to intensify its efforts to protect these children from the worst forms of child labour. It requests the Government once again to provide information on specific measures taken in this respect, particularly in the framework of the Policy on Orphans and Other Vulnerable Children and the National Strategic Plan on OVCs, and the results achieved.

Repetition

The Committee took note of the report of the Technical Advisory Mission (the Mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 131 of the Penal Code states that anyone who procures any woman or girl to become a prostitute commits an offence. Sections 136 and 137 respectively punish anyone who lives on earnings of prostitution and anyone who keeps brothels. The Committee had observed that only the procuring and offering of women and girls for prostitution appear to be prohibited in the Penal Code. It had also observed that, by virtue of section 139 of the Penal Code, anyone who practises or engages in prostitution as well as intermediaries involved in prostitution commit an offence, while clients do not appear to be penalized. The Committee had therefore requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years for prostitution is prohibited, to criminalize clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 who are used, procured or offered for prostitution are treated as victims rather than offenders.

The Committee noted that the Principal State Attorney from the Directorate of Legal Advisory Services of the Ministry of Justice and Constitutional Affairs informed the Mission that the legal gaps between national criminal legislation and the Convention would be looked into during the ongoing legislative review of the Penal Code. Furthermore, the Director of Public Prosecutions from the Directorate of Public Prosecutions indicated that efforts were being made to amend the Children’s Act of 2001 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution. The Committee expresses the firm hope that the revision of the Penal Code and of the Children’s Act will take into account the outstanding comments of the Committee. It requests the Government to take immediate measures to ensure that the amendments to those laws are adopted, as a matter of urgency, in conformity with Article 3(b) of the Convention.

2. Use, procuring or offering of a child for the production of pornography or for pornographic purposes. The Committee had previously noted that section 166 of the Penal Code punishes anyone who, for the purposes of distribution, makes, produces, imports, exports, takes part in any business related to, advertises, any obscene writings, drawings, prints, paintings, photographs, cinematographic films or any other obscene objects. The Committee had observed that there do not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances. The Committee noted that the Director of Public Prosecutions informed the Mission that a draft Bill on child pornography is being prepared by the Ministry of Ethics and Integrity, under the President’s Office. The Committee requests the Government to take measures to ensure that the draft Bill on child pornography effectively prohibits the use, procuring or offering of both boys and girls under 18 years of age by anyone for the production of pornography or for pornographic performances, and provides for effective and sufficiently dissuasive penalties. It requests the Government to take immediate measures to ensure that this Bill is adopted as a matter of urgency, and requests it to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee once again noted the lack of information on this subject. It once again requests the Government to indicate whether a legal provision exists which prohibits the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, with its next report.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee noted that the mission indicated that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 was drafted in consultation with the social partners. It noted that, according to the technical progress report (TPR) of 1 September 2009 for the ILO–IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO/IPEC SNAP Uganda project), the draft hazardous list has been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development (MGLSD) in May 2009, and that it will be gazetted after the drafting of an extra paragraph on light work.

However, the Committee noted that, during its time in Uganda, the Mission observed that the regulations necessary to implement and the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The Mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. In this regard, in a tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD acknowledged that the issue of adopting regulations in order to be able to implement the new laws was urgent. The Committee urges the Government to take immediate measures to ensure that the list of hazardous types of work prohibited to children under 18 is adopted, as a matter of urgency. In this regard, the Committee strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners. It requests the Government to provide information on the progress made in this regard with its next report.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee had previously noted the Government’s information that the designated labour inspectors/officers carry out inspections in workplaces. However, in its previous comment under the Minimum Age Convention, 1973 (No. 138), the Committee had noted the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level.

The Committee noted the Mission’s indication that there are approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, in particular the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the Mission report indicates that these inspections are sporadic and not institutionalized. In this regard, the Committee noted that, at the tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD indicated to the mission that having heard the feedback from the Mission on the labour inspection function on child labour issues in agriculture, she felt that there was definitely a window of opportunity for collaboration between the Ministry of Agriculture and the MGLSD. She also agreed that the labour inspectorate needed to be reinforced so as to be able to detect child labour violations. The Committee therefore requests the Government to take the necessary measures to strengthen the inspection system pursuant to its above comments in order to enable the labour inspectors to monitor the effective implementation of the provisions giving effect to the Convention. In this regard, it strongly encourages the Government to initiate collaboration between Ministry of Agriculture and the MGLSD. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children in all sectors where the worst forms of child labour exist and, in particular, in the agricultural sector.

2. Monitoring mechanisms to combat the trafficking of children. The Committee had previously noted the Government’s information that there was a need for training and awareness-raising of public officials, such as labour inspectors, the police, the immigration service, the judiciary services, as well as employers and workers, in combating the trafficking of children. The Committee 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 requests the Government to provide information on the progress made in establishing the office responsible for the coordination, monitoring and overseeing of the Trafficking in Persons Act. It also requests the Government to provide information on the activities of this office once it is established, in particular with regard to combating the sale and trafficking of children under 18 years for labour or commercial sexual exploitation.

Article 6. Programmes of action. National plan of action to eliminate child labour and the national child labour policy. The Committee had previously noted the Government’s information that a National Programme of Action to Eliminate Child Labour in Uganda (NPA) was launched in 1999 in collaboration with ILO–IPEC, lasting until 2004. The Committee, in its comments under the Minimum Age Convention (No. 138), in 2008, had also noted the Government’s information that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. It had further noted that the Government was cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement the NCLP.

The Committee noted that, in its report, the Mission expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee noted that the technical progress report (TPR) of 1 September 2009 for the ILO/IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO–IPEC SNAP Uganda project) indicates that many activities were undertaken to get the process for the NAP started again, including a meeting organized on 2 July 2009 to reinforce the task force. A workshop will also be organized in Addis Ababa in November 2009 where Uganda’s tripartite partners will be invited to validate the NAP and mainstreaming guidelines. The Committee noted that the target date for the NAP to be adopted and operational is March to August 2012. The Committee therefore requests the Government to take immediate measures to ensure that the NAP for the elimination of child labour is validated and adopted by the targeted date. It requests the Government to provide information on the impact of the NAP on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee had previously noted that, in 1997, universal primary education (UPE) was declared, which provides access to free basic education to children. As a result of the UPE, the primary school pupil population increased from 2.6 million in 1996 to 4.8 million and to more than 6.8 million children in 2007. However, the Committee had noted the Government’s information that not all children currently have access to primary and secondary education. The categories that have difficulties in gaining access to education include: street children, children from semi-nomadic populations, physically and mentally challenged children, juvenile offenders, children from geographically marginalized populations, domestic workers, working children, orphans, girls, children affected by armed conflict as refugees, internally displaced and abducted children. According to the UPE policy, priority must be given to children with special needs.

The Committee noted from the Mission report that the implementation of the UPE has further increased the enrolment of children in primary school: in 2008, 7.5 million children were enrolled in primary education (93 per cent). Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education has been implemented. In this regard, the Committee noted that, according to the annual school census of 2008, published on the web site of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education is 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observes that, according to the same source, the net enrolment ratio in secondary education is of only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee took due note of the measures taken by the Government with regard to education. It observed, however, that the low rates of enrolment at the secondary education level, in comparison with the primary school enrolment rates, indicate that an important number of children drop out after primary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken, particularly in the framework of the UPE and the universal programme for free secondary education, to increase school attendance and reduce school drop-out rates, in particular for those categories of children who have been identified by the Government as having difficulties in gaining access to education. The Committee requests the Government to provide information on the results achieved.

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. 1. Commercial sexual exploitation. The Committee had previously noted that, according to the report of the Uganda Child Rights NGO Network, supplied by the Government, the Government was starting to develop an action plan on child sexual abuse and exploitation. According to the same source, the Slum Aid Project (slums of Katanga and Katwe) is aimed at empowering and rehabilitating child sex workers. Moreover, the Uganda Youth Development Link (UYDEL) addresses the prevention and rehabilitation of children involved in prostitution. The Committee had further noted that, according to the Government’s written replies to the Committee on the Rights of the Child (13 September 2005, CRC/C/65/Add.33, paragraph 20), organizations like UYDEL have undertaken interventions in order to identify children and withdraw them from prostitution and other forms of sexual abuse: 1,375 children had received medical treatment; 1,560 children had received psychological counselling; 161 children were returned to school. The Committee noted that, according to the Mission report, UYDEL has removed more children from commercial sexual exploitation and rehabilitated them in a school built with the assistance of the Japanese Government. The Committee once again requests the Government to provide information on any developments with regard to the adoption of the action plan on child sexual abuse and exploitation. It also once again requests the Government to continue providing information on the number of children who have been removed from commercial sexual exploitation and rehabilitated.

2. Hazardous child labour in the agricultural sector (sugar, tea, coffee, tobacco and rice sectors). The Committee had previously noted the Government’s information that a number of action programmes were undertaken by different stakeholders under the NPA to address the worst forms of child labour in commercial agriculture, namely work in sugar and tea plantations, tobacco and rice farms. The Committee noted that, according to the TPR of 1 September 2009 of the ILO–IPEC SNAP Uganda project, it is intended that, by the end of the project, a multidisciplinary and integrated area-based model of intervention laying the foundation for the establishment of “child labour free zones” at the district level will be created and available for replication throughout the country. In this regard, 2,712 children under 18 years of age should be withdrawn from selected worst forms of child labour. The Committee once again requests the Government to provide information on the number of children who have effectively been removed from working in the agricultural sector (sugar and tea plantations, tobacco and rice sectors) and rehabilitated through the programmes undertaken under the NPA. It further requests the Government to provide information on the progress made within the framework of the ILO–IPEC SNAP Uganda project with regard to the elimination of the worst forms of child labour, in particular the number of children withdrawn from working in the agricultural sector.

Clause (d). Identify and reach out to children at special risk. 1. Child domestic workers. The Committee had previously noted the Government’s information that child domestic work is one of the worst forms of child labour targeted by the NPA. It had also noted that a number of action programmes had been launched, at the national and interregional levels, aimed at preventing (especially through education and training), withdrawing and rehabilitating children engaged in domestic work in various districts (Toror, Lira, Busia, Kampala, Wakiso, Mpigi, Rakai). The Committee once again requests the Government to provide information on the implementation of the action programmes targeting child domestic workers and the results achieved.

2. Street children. The Committee had previously noted that an action programme was launched in 2004 in order to prevent and withdraw children from hazardous street activities. The Committee noted that, according to the Ministerial Policy Statement for the MGLSD of 2009/10, in 2006–07, the MGLSD identified, withdrew, rehabilitated, resettled and supported 1,136 street children and their mothers. It further noted that, according to the Mission report, street children have benefited from a programme of non-formal education called the Basic Education for Poor Areas (BEPUA). The Committee urges the Government to pursue its efforts to ensure that children under 18 years working on the streets are protected from the worst forms of child labour. It also requests it to provide information on the number of street children who were effectively prevented or withdrawn from the worst forms of child labour through the implementation of the abovementioned measures.

3. Orphans and vulnerable children. The Committee had previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee had further noted the Government’s information that it adopted the orphans and vulnerable children (OVC) policy in order to provide care, support and protection to orphans and other vulnerable children.

The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008 (UCW report), a large proportion of Ugandan children must grow up in the absence of one or both biological parents. In all, nearly 8 per cent of children aged 7–14 years, 0.5 million in absolute terms, are either “single” (one parent deceased) orphans and about five per cent, 300,000 in absolute terms, are “double” (both parents deceased) orphans. The child orphan phenomenon is closely linked to the HIV/AIDS crisis. The UCW further indicates that rates of economic activity are higher among double orphans, as well as paternal and particularly maternal orphans, compared to children living with both parents.

The Committee noted that, in the context of the final TPR of 10 December 2008 for the ILO–IPEC project to combat and prevent HIV/AIDS-induced child labour in sub-Saharan Africa, this project has permitted the prevention of 1,486 children at risk of becoming engaged in the worst forms of child labour and withdrawn 1,456 children from such worst forms. Furthermore, the TPR indicates that the project has mainstreamed HIV/AIDS in the NCLP and that the issue of child labour has been mainstreamed into the joint United Nations response on HIV/AIDS (JUNTA). The Committee further noted that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, a consultant has been recruited to study the OVC, child labour policies and NAPs to identify gaps or contradictions and suggest where synergies can be built. This is a joint initiative between UNICEF, the MGLSD, ILO–IPEC and JUNTA, and is actually a first step towards strengthening the National Strategic Programme Plan of Interventions (NSPPI) for OVC. While noting the measures taken by the Government, the Committee expressed concern at the number of child orphaned because of the HIV/AIDS pandemic in Uganda and at risk of becoming engaged in the worst forms of child labour. It therefore requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained, in particular through the implementation of the NSPPI for OVC.

Article 8. Poverty reduction programme. The Committee had previously noted that the Poverty Eradication Action Plan (PEAP) 2004–5 to 2007–8 had been developed to eliminate mass poverty that perpetuates child labour. The Committee noted that, according to the report on education needs assessment for northern Uganda of February 2008 prepared by the Education Planning Department, in view of the magnitude of the problems that still exist in the north of Uganda as a consequence of the civil conflict, the need for the development of a strategy to overcome the deprivation and underdevelopment in that region resulted in the formulation of the National Peace, Recovery and Development Plan (PRDP). The PRDP is an overarching, multi-sectoral response which broadly sets forth a reconstruction and development roadmap that is to be followed by all the relevant sectors of government and development agencies. The PRDP is anchored to the PEAP and also incorporates Millennium Development Goals. Noting that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PEAP and the PRDP on the elimination of the worst forms of child labour, in particular in the agricultural sector.

Parts IV and V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that child labour in Uganda prevails in various sectors, including: the informal sector, street activities, domestic service, the agricultural sector, fishing, construction and commercial sex. It had also noted the Government’s statement that the Uganda Bureau of Statistics has been created as a semi-autonomous organization responsible for developing statistics in the country (the Labour Force Survey 2003).

The Committee noted that, according to the UCW report, 17.3 per cent of children aged 5–17 years are engaged in child labour (1,764,451 children), while 4.8 per cent of children aged 14–17 years (115,900 children) are engaged in hazardous work or working excessive hours. The report indicates that while most working children are concentrated in the range of ten to 15 hours per week, there is also a significant proportion of children performing exceptionally long working hours, i.e. 30 or more hours per week. In absolute terms, 1.2 million children aged 7–11 years, 1,1 million children aged 12–14 years and 870,000 children aged 15–17 years work at least 30 hours per week. These are among the worst off working children, as their responsibilities completely preclude their rights to schooling, study, leisure and adequate rest. Expressing its serious concern at the number of children involved in the worst forms of child labour and working excessive hours in Uganda, the Committee requests the Government to redouble its efforts to improve the situation and ensure the effective enforcement of the Convention in practice. The Committee also requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

The Committee took note of the report of the Technical Advisory Mission (the Mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Abductions and the exaction of forced labour. The Committee had previously noted that article 25:1 of the Constitution of Uganda stipulates that no person shall be held in slavery or servitude and that section 25:2 states that no person shall be required to perform forced labour. It had noted 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). 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.

However, in its previous comments under the Forced Labour Convention, 1930 (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 the killings, beatings and rape of these children. The Committee had noted that, according to the report of the United Nations Secretary-General on children and armed conflict in Uganda of 7 May 2007 (Secretary-General’s report of 2007) (S/2007/260, paragraph 10), the figures from 2005 suggested 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. However, the total number of abductions had 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 had been no confirmed reports on the abduction of children in Uganda by the LRA. Moreover, the peace talks between the Government of Uganda and the LRA had officially opened on 14 July 2006 and the parties had 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 had not released children from its ranks.

The Committee noted that, in its concluding observations for the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict of 17 October 2008, the Committee on the Rights of the Child expressed concern over continued abductions of children living in border regions by the LRA, to be used as child soldiers, sex slaves, spies and to carry goods and weapons (CRC/C/OPAC/UGA/CO/1, paragraph 24). The Committee on the Rights of the Child was further concerned over the inhuman and degrading treatment of the abducted children. Moreover, the Committee noted that, according to the report of the Secretary-General on children and armed conflict in Uganda of 15 September 2009 (Secretary-General’s report of 2009), the LRA has not knowingly operated in Ugandan territory since the cessation of hostilities in August 2006. Over the past four years, however, the LRA, including a substantial but unknown number of Ugandan children associated with its forces, has increasingly moved into neighbouring countries to establish additional bases; and children and their communities in the Sudan, the Democratic Republic of the Congo and the Central African Republic have been the victims of attacks that have claimed hundreds of lives and resulted in the disappearance of hundreds of children. In the Democratic Republic of the Congo, 233 abductions of children by the LRA were documented by child protection partners between 1 December 2008 and 30 June 2009. The Secretary-General further indicates that efforts to sign a Comprehensive Peace Agreement with the LRA failed and, as a result, the LRA has increasingly become a regional actor. Since December 2008, LRA elements, operating in small groups, reportedly conducted attacks against several localities in the Democratic Republic of the Congo, killing civilians, burning houses and abducting children and adults. In total, it is estimated that more than 1,000 civilians have been killed and several hundred abducted by the LRA since it increased its violent activities in 2008.

The Committee therefore once again expressed its deep concern at the situation of children abducted by the LRA and forced to provide work and services as informants, porters, hostages, as well as becoming victims of sexual exploitation and violence. It observed that, although national legislation appears to prohibit abductions and the exaction of forced labour, this remains a serious issue of concern in practice, in particular in the context of renewed violence and conflict. In this regard, the Committee once again recalled that, by virtue of Article 3(a) of the Convention, the exaction of forced labour from children 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 prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee strongly urges the Government to take effective and time-bound measures to eradicate abductions and the exaction of forced labour from children under 18 years, as a matter of urgency. In this regard, it requests the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It also urges the Government to take measures to cooperate with the neighbouring countries and accordingly reinforce security measures, particularly on the common borders with the Democratic Republic of the Congo, the Central African Republic and Sudan, with a view to bringing an end to this worst form of child labour.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to the Secretary-General’s report of 2007 (paragraph 5), Uganda is among the countries where parties to armed conflicts – the Ugandan People Defence Force (UPDF), the local defence units and the LRA – recruited or used children and were responsible for other grave violations. According to this report, it was estimated that, notwithstanding various peace agreements, up to 2,000 women and children may still have been held by the LRA within its ranks and had not been released. Regarding children recruited by the national military forces, the Secretary-General’s report of 2007 indicated that the UPDF recruited young boys to serve in its armed forces, especially within the local defence units, which are UPDF auxiliary forces. The report of 2007 also indicated that during recruitment, age verification was rarely carried out. After training, many of these children were 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 led to children continuing to join some elements of the armed forces. However, according to the Secretary-General’s report of 2007, the Government had 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, including to verify age during the recruitment process. Furthermore, the Uganda Task Force on Monitoring and Reporting (UTF) had 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 noted that, according to the Secretary-General’s report of 2009 (paragraphs 3–7), on 16 January 2009, the Government of Uganda and the UTF signed an action plan regarding children associated with armed forces in Uganda, which obligates the Government to prevent and end the association of children under the age of 18 with armed auxiliary forces; appoint focal points at the highest level of the Government on the implementation of the action plan; provide access on a regular and ad hoc basis to the UPDF and auxiliary facilities to the UTF to monitor and verify compliance; and promptly investigate allegations of recruitment and use of children and ensure the prosecution of perpetrators. Furthermore, the action plan identifies time-bound activities relating to children associated with the armed forces in Uganda. Among others, the measures include verification visits to all UPDF facilities and regular access to all relevant UPDF units by the UTF. In compliance with the action plan, the Government of Uganda and the UTF agreed upon a series of visits by the UTF to UPDF facilities in northern Uganda in early 2009, with a view to verifying that no persons under the age of 18 were present within, or recruited into, its ranks.

The Committee noted with satisfaction that no case of recruitment or use of children by the UPDF or its auxiliary forces has come to the attention of the UTF. Throughout its visits, the UPDF extended excellent cooperation to the verification team. Furthermore, the UTF observed the UPDF recruitment process in the northern districts of Uganda from 12 to 14 February 2009. It was noted that age requirements for recruitment into the UPDF, as set forth in existing laws and regulations, were strictly observed and followed by UPDF officers in compliance with the UPDF internal circular of February 2009 containing instructions on recruitment criteria. The Committee noted that, according to the Secretary-General’s report of 2009, the UTF will nevertheless continue to monitor compliance of the UPDF within the action plan framework to ensure that continuous efforts are made to prevent the recruitment and use of children and that the implementation of the action plan continues.

However, the Committee noted that the LRA, whose leadership originates in Uganda and a significant number of whose forces are also from Uganda, remains listed on the Secretary-General’s annexes to his reports on children and armed conflict because of the continued practice of recruitment of children within its ranks. Although LRA violations against children were originally reported solely under Uganda country situation reporting, the geostrategic situation of that group, which is expanding its armed activities to the wider region, has prompted the request of a strategy for increased regional joint capability to monitor and report on cross-border recruitment and use of children by the LRA. The UTF has therefore been engaged in consultations with the Resident Coordinator of the United Nations Country Team in Uganda, the United Nations Children’s Fund headquarters and regional offices, the Department of Peacekeeping Operations missions in Sudan and the Democratic Republic of the Congo and the Office of the Special Representative of the Secretary General for Children and Armed Conflict, on appropriate steps to establish a subregional strategy to monitor and report on grave child rights violations committed by the LRA in the region.

The Committee welcomed the measures taken by the Government and the positive results it has registered with regard to the UPDF. However, it expressed its concern at the situation of children who continue to be recruited for armed conflict by the LRA. The Committee refers to the Secretary-General’s call upon the Government of Uganda to prioritize the protection of children in its military actions against LRA elements, either on Ugandan territory or in joint operations in neighbouring countries (S/2009/462, 15 September 2009, paragraph 28). The Committee therefore urges the Government to intensify its efforts to improve the situation and to take, as a matter of urgency, immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by the LRA. In this regard, it urges the Government to take the necessary measures to ensure that a strategy for increased regional joint capability to monitor and report on cross-border recruitment and use of children by the LRA is adopted as soon as possible. It also 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(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 had previously noted that the orphans and vulnerable children 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 had also noted that a number of measures had 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; and (c) the project implemented by Save the Children from Denmark and Sweden, in collaboration with the UPDF and Gulu Support Children Organization (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 noted that, according to the mission report, the Ministry of Education and Sports (MoES) made interventions for child victims of armed conflict, as well as abducted children, and specialized schools have been built in the north of the country to give support and rehabilitate these children. Indeed, the Committee noted that, according to the report on Education Needs Assessment for Northern Uganda of February 2008 (ENA report) prepared by the Education Planning Department, the MoES has, among other things, provided psychosocial back-up support by training 50 trainers in psychosocial training, helped with the demobilization of 53 child soldiers, supported eight reception centres for former child abductees. The MoES has also constructed 27 learning centres with 114 classrooms in Kitgum, Pader and Lira for 6,000 displaced primary school children, as well as a primary boarding school at Laroo in Gulu with a capacity for 1,000 pupils. Furthermore, the ENA report indicates that many education provider organizations have contributed to the interventions of the MoES with a view to provide an interim response to the needs of northern Uganda in terms of education. The Committee also noted that, according to the Secretary-General’s report of 2009, the action plan regarding children associated with armed forces in Uganda signed by the Government of Uganda and the UTF on 16 January 2009 covers different areas of activities, including preventing the recruitment of children under 18 years for use in armed conflict and releasing and reintegrating underage recruits. The Committee strongly encourages the Government to continue its efforts and take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to provide information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities through these measures, in particular through the action of the MoES and through the activities undertaken under the action programme regarding children associated with armed forces in Uganda.

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

Repetition

The Committee took note of the report of the Technical Advisory Mission (the Mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for prostitution. The Committee had previously noted that section 131 of the Penal Code states that anyone who procures any woman or girl to become a prostitute commits an offence. Sections 136 and 137 respectively punish anyone who lives on earnings of prostitution and anyone who keeps brothels. The Committee had observed that only the procuring and offering of women and girls for prostitution appear to be prohibited in the Penal Code. It had also observed that, by virtue of section 139 of the Penal Code, anyone who practises or engages in prostitution as well as intermediaries involved in prostitution commit an offence, while clients do not appear to be penalized. The Committee had therefore requested the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years for prostitution is prohibited, to criminalize clients who use boys and girls under 18 years of age for prostitution, and to ensure that boys and girls under 18 who are used, procured or offered for prostitution are treated as victims rather than offenders.

The Committee noted that the Principal State Attorney from the Directorate of Legal Advisory Services of the Ministry of Justice and Constitutional Affairs informed the Mission that the legal gaps between national criminal legislation and the Convention would be looked into during the ongoing legislative review of the Penal Code. Furthermore, the Director of Public Prosecutions from the Directorate of Public Prosecutions indicated that efforts were being made to amend the Children’s Act of 2001 to fully comply with the Convention on the prohibition of the use, procuring or offering of children for prostitution. The Committee expresses the firm hope that the revision of the Penal Code and of the Children’s Act will take into account the outstanding comments of the Committee. It requests the Government to take immediate measures to ensure that the amendments to those laws are adopted, as a matter of urgency, in conformity with Article 3(b) of the Convention.

Use, procuring or offering of a child for the production of pornography or for pornographic purposes. The Committee had previously noted that section 166 of the Penal Code punishes anyone who, for the purposes of distribution, makes, produces, imports, exports, takes part in any business related to, advertises, any obscene writings, drawings, prints, paintings, photographs, cinematographic films or any other obscene objects. The Committee had observed that there do not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances. The Committee noted that the Director of Public Prosecutions informed the Mission that a draft Bill on child pornography is being prepared by the Ministry of Ethics and Integrity, under the President’s Office. The Committee requests the Government to take measures to ensure that the draft Bill on child pornography effectively prohibits the use, procuring or offering of both boys and girls under 18 years of age by anyone for the production of pornography or for pornographic performances, and provides for effective and sufficiently dissuasive penalties. It requests the Government to take immediate measures to ensure that this Bill is adopted as a matter of urgency, and requests it to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee once again noted the lack of information on this subject. It once again requests the Government to indicate whether a legal provision exists which prohibits the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, with its next report.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee noted that the mission indicated that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 was drafted in consultation with the social partners. It noted that, according to the technical progress report (TPR) of 1 September 2009 for the ILO–IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO/IPEC SNAP Uganda project), the draft hazardous list has been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development (MGLSD) in May 2009, and that it will be gazetted after the drafting of an extra paragraph on light work.

However, the Committee noted that, during its time in Uganda, the Mission observed that the regulations necessary to implement and the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The Mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. In this regard, in a tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD acknowledged that the issue of adopting regulations in order to be able to implement the new laws was urgent. The Committee urges the Government to take immediate measures to ensure that the list of hazardous types of work prohibited to children under 18 is adopted, as a matter of urgency. In this regard, the Committee strongly encourages the Government to take the necessary steps to reactivate the LAB in full consultation with the social partners. It requests the Government to provide information on the progress made in this regard with its next report.

Article 5. Monitoring mechanisms. Labour inspection. The Committee had previously noted the Government’s information that the designated labour inspectors/officers carry out inspections in workplaces. However, in its previous comment under the Minimum Age Convention, 1973 (No. 138), the Committee had noted the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee had referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, where the case of Uganda concerning the application of the Labour Inspection Convention, 1947 (No. 81), was discussed. The Conference Committee recalled that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level.

The Committee noted the Mission’s indication that there are approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, in particular the occupational safety and health component. When labour inspectors find persons working in violation of the regulations in place, warnings are issued and the licence withdrawn the following year. However, the Mission report indicates that these inspections are sporadic and not institutionalized. In this regard, the Committee noted that, at the tripartite meeting held with representatives of relevant ministries and employers’ and workers’ representatives, the Acting Commissioner for Labour Industrial Relations and Productivity in the MGLSD indicated to the mission that having heard the feedback from the Mission on the labour inspection function on child labour issues in agriculture, she felt that there was definitely a window of opportunity for collaboration between the Ministry of Agriculture and the MGLSD. She also agreed that the labour inspectorate needed to be reinforced so as to be able to detect child labour violations. The Committee therefore requests the Government to take the necessary measures to strengthen the inspection system pursuant to its above comments in order to enable the labour inspectors to monitor the effective implementation of the provisions giving effect to the Convention. In this regard, it strongly encourages the Government to initiate collaboration between Ministry of Agriculture and the MGLSD. It also once again requests the Government to provide information on the labour inspections carried out by the labour inspectorate and on the number and nature of violations detected involving children in all sectors where the worst forms of child labour exist and, in particular, in the agricultural sector.

Monitoring mechanisms to combat the trafficking of children. The Committee had previously noted the Government’s information that there was a need for training and awareness-raising of public officials, such as labour inspectors, the police, the immigration service, the judiciary services, as well as employers and workers, in combating the trafficking of children. The Committee 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 requests the Government to provide information on the progress made in establishing the office responsible for the coordination, monitoring and overseeing of the Trafficking in Persons Act. It also requests the Government to provide information on the activities of this office once it is established, in particular with regard to combating the sale and trafficking of children under 18 years for labour or commercial sexual exploitation.

Article 6. Programmes of action. National plan of action to eliminate child labour and the national child labour policy. The Committee had previously noted the Government’s information that a National Programme of Action to Eliminate Child Labour in Uganda (NPA) was launched in 1999 in collaboration with ILO–IPEC, lasting until 2004. The Committee, in its comments under the Minimum Age Convention (No. 138), in 2008, had also noted the Government’s information that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. It had further noted that the Government was cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement the NCLP.

The Committee noted that, in its report, the Mission expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee noted that the technical progress report (TPR) of 1 September 2009 for the ILO/IPEC project of support for the preparatory phase of the Ugandan National Action Plan for the Elimination of Child Labour (ILO–IPEC SNAP Uganda project) indicates that many activities were undertaken to get the process for the NAP started again, including a meeting organized on 2 July 2009 to reinforce the task force. A workshop will also be organized in Addis Ababa in November 2009 where Uganda’s tripartite partners will be invited to validate the NAP and mainstreaming guidelines. The Committee noted that the target date for the NAP to be adopted and operational is March to August 2012. The Committee therefore requests the Government to take immediate measures to ensure that the NAP for the elimination of child labour is validated and adopted by the targeted date. It requests the Government to provide information on the impact of the NAP on the elimination of the worst forms of child labour.

Article 7(2). Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee had previously noted that, in 1997, universal primary education (UPE) was declared, which provides access to free basic education to children. As a result of the UPE, the primary school pupil population increased from 2.6 million in 1996 to 4.8 million and to more than 6.8 million children in 2007. However, the Committee had noted the Government’s information that not all children currently have access to primary and secondary education. The categories that have difficulties in gaining access to education include: street children, children from semi-nomadic populations, physically and mentally challenged children, juvenile offenders, children from geographically marginalized populations, domestic workers, working children, orphans, girls, children affected by armed conflict as refugees, internally displaced and abducted children. According to the UPE policy, priority must be given to children with special needs.

The Committee noted from the Mission report that the implementation of the UPE has further increased the enrolment of children in primary school: in 2008, 7.5 million children were enrolled in primary education (93 per cent). Moreover, in order to ensure that children do not stop their schooling after primary education, a universal programme for free secondary education has been implemented. In this regard, the Committee noted that, according to the annual school census of 2008, published on the web site of the Ministry of Education and Sports (www.education.go.ug), the net enrolment ratio in primary education is 95 per cent (97 per cent for boys and 93 per cent for girls). However, the Committee observes that, according to the same source, the net enrolment ratio in secondary education is of only 23.5 per cent (25.2 per cent for boys and 21.9 per cent for girls).

The Committee took due note of the measures taken by the Government with regard to education. It observed, however, that the low rates of enrolment at the secondary education level, in comparison with the primary school enrolment rates, indicate that an important number of children drop out after primary school. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system in the country. In this regard, it requests the Government to provide information on the time-bound measures taken, particularly in the framework of the UPE and the universal programme for free secondary education, to increase school attendance and reduce school drop-out rates, in particular for those categories of children who have been identified by the Government as having difficulties in gaining access to education. The Committee requests the Government to provide information on the results achieved.

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. Commercial sexual exploitation. The Committee had previously noted that, according to the report of the Uganda Child Rights NGO Network, supplied by the Government, the Government was starting to develop an action plan on child sexual abuse and exploitation. According to the same source, the Slum Aid Project (slums of Katanga and Katwe) is aimed at empowering and rehabilitating child sex workers. Moreover, the Uganda Youth Development Link (UYDEL) addresses the prevention and rehabilitation of children involved in prostitution. The Committee had further noted that, according to the Government’s written replies to the Committee on the Rights of the Child (13 September 2005, CRC/C/65/Add.33, paragraph 20), organizations like UYDEL have undertaken interventions in order to identify children and withdraw them from prostitution and other forms of sexual abuse: 1,375 children had received medical treatment; 1,560 children had received psychological counselling; 161 children were returned to school. The Committee noted that, according to the Mission report, UYDEL has removed more children from commercial sexual exploitation and rehabilitated them in a school built with the assistance of the Japanese Government. The Committee once again requests the Government to provide information on any developments with regard to the adoption of the action plan on child sexual abuse and exploitation. It also once again requests the Government to continue providing information on the number of children who have been removed from commercial sexual exploitation and rehabilitated.

Hazardous child labour in the agricultural sector (sugar, tea, coffee, tobacco and rice sectors). The Committee had previously noted the Government’s information that a number of action programmes were undertaken by different stakeholders under the NPA to address the worst forms of child labour in commercial agriculture, namely work in sugar and tea plantations, tobacco and rice farms. The Committee noted that, according to the TPR of 1 September 2009 of the ILO–IPEC SNAP Uganda project, it is intended that, by the end of the project, a multidisciplinary and integrated area-based model of intervention laying the foundation for the establishment of “child labour free zones” at the district level will be created and available for replication throughout the country. In this regard, 2,712 children under 18 years of age should be withdrawn from selected worst forms of child labour. The Committee once again requests the Government to provide information on the number of children who have effectively been removed from working in the agricultural sector (sugar and tea plantations, tobacco and rice sectors) and rehabilitated through the programmes undertaken under the NPA. It further requests the Government to provide information on the progress made within the framework of the ILO–IPEC SNAP Uganda project with regard to the elimination of the worst forms of child labour, in particular the number of children withdrawn from working in the agricultural sector.

Clause (d). Identify and reach out to children at special risk. Child domestic workers. The Committee had previously noted the Government’s information that child domestic work is one of the worst forms of child labour targeted by the NPA. It had also noted that a number of action programmes had been launched, at the national and interregional levels, aimed at preventing (especially through education and training), withdrawing and rehabilitating children engaged in domestic work in various districts (Toror, Lira, Busia, Kampala, Wakiso, Mpigi, Rakai). The Committee once again requests the Government to provide information on the implementation of the action programmes targeting child domestic workers and the results achieved.

Street children. The Committee had previously noted that an action programme was launched in 2004 in order to prevent and withdraw children from hazardous street activities. The Committee noted that, according to the Ministerial Policy Statement for the MGLSD of 2009/10, in 2006–07, the MGLSD identified, withdrew, rehabilitated, resettled and supported 1,136 street children and their mothers. It further noted that, according to the Mission report, street children have benefited from a programme of non-formal education called the Basic Education for Poor Areas (BEPUA). The Committee urges the Government to pursue its efforts to ensure that children under 18 years working on the streets are protected from the worst forms of child labour. It also requests it to provide information on the number of street children who were effectively prevented or withdrawn from the worst forms of child labour through the implementation of the abovementioned measures.

Orphans and vulnerable children. The Committee had previously noted the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. The Committee had further noted the Government’s information that it adopted the orphans and vulnerable children (OVC) policy in order to provide care, support and protection to orphans and other vulnerable children.

The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008 (UCW report), a large proportion of Ugandan children must grow up in the absence of one or both biological parents. In all, nearly 8 per cent of children aged 7–14 years, 0.5 million in absolute terms, are either “single” (one parent deceased) orphans and about five per cent, 300,000 in absolute terms, are “double” (both parents deceased) orphans. The child orphan phenomenon is closely linked to the HIV/AIDS crisis. The UCW further indicates that rates of economic activity are higher among double orphans, as well as paternal and particularly maternal orphans, compared to children living with both parents.

The Committee noted that, in the context of the final TPR of 10 December 2008 for the ILO–IPEC project to combat and prevent HIV/AIDS-induced child labour in sub-Saharan Africa, this project has permitted the prevention of 1,486 children at risk of becoming engaged in the worst forms of child labour and withdrawn 1,456 children from such worst forms. Furthermore, the TPR indicates that the project has mainstreamed HIV/AIDS in the NCLP and that the issue of child labour has been mainstreamed into the joint United Nations response on HIV/AIDS (JUNTA). The Committee further noted that, according to the TPR of 1 September 2009 for the ILO–IPEC SNAP Uganda project, a consultant has been recruited to study the OVC, child labour policies and NAPs to identify gaps or contradictions and suggest where synergies can be built. This is a joint initiative between UNICEF, the MGLSD, ILO–IPEC and JUNTA, and is actually a first step towards strengthening the National Strategic Programme Plan of Interventions (NSPPI) for OVC. While noting the measures taken by the Government, the Committee expressed concern at the number of child orphaned because of the HIV/AIDS pandemic in Uganda and at risk of becoming engaged in the worst forms of child labour. It therefore requests the Government to redouble its efforts to ensure that children orphaned by HIV/AIDS and other vulnerable children are prevented from being engaged in the worst forms of child labour. It requests the Government to provide information on the results obtained, in particular through the implementation of the NSPPI for OVC.

Article 8. Poverty reduction programme. The Committee had previously noted that the Poverty Eradication Action Plan (PEAP) 2004–05 to 2007–08 had been developed to eliminate mass poverty that perpetuates child labour. The Committee noted that, according to the report on education needs assessment for northern Uganda of February 2008 prepared by the Education Planning Department, in view of the magnitude of the problems that still exist in the north of Uganda as a consequence of the civil conflict, the need for the development of a strategy to overcome the deprivation and underdevelopment in that region resulted in the formulation of the National Peace, Recovery and Development Plan (PRDP). The PRDP is an overarching, multi-sectoral response which broadly sets forth a reconstruction and development roadmap that is to be followed by all the relevant sectors of government and development agencies. The PRDP is anchored to the PEAP and also incorporates Millennium Development Goals. Noting that poverty reduction programmes contribute to breaking the vicious circle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide information on any significant impact of the PEAP and the PRDP on the elimination of the worst forms of child labour, in particular in the agricultural sector.

Parts IV and V of the report form. Application of the Convention in practice. The Committee had previously noted the Government’s information that child labour in Uganda prevails in various sectors, including: the informal sector, street activities, domestic service, the agricultural sector, fishing, construction and commercial sex. It had also noted the Government’s statement that the Uganda Bureau of Statistics has been created as a semi-autonomous organization responsible for developing statistics in the country (the Labour Force Survey 2003).

The Committee noted that, according to the UCW report, 17.3 per cent of children aged 5–17 years are engaged in child labour (1,764,451 children), while 4.8 per cent of children aged 14–17 years (115,900 children) are engaged in hazardous work or working excessive hours. The report indicates that while most working children are concentrated in the range of 10–15 hours per week, there is also a significant proportion of children performing exceptionally long working hours, i.e. 30 or more hours per week. In absolute terms, 1.2 million children aged 7–11 years, 1,1 million children aged 12–14 years and 870,000 children aged 15–17 years work at least 30 hours per week. These are among the worst off working children, as their responsibilities completely preclude their rights to schooling, study, leisure and adequate rest. Expressing its serious concern at the number of children involved in the worst forms of child labour and working excessive hours in Uganda, the Committee requests the Government to redouble its efforts to improve the situation and ensure the effective enforcement of the Convention in practice. The Committee also requests the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Repetition

The Committee took note of the report of the Technical Advisory Mission (the Mission) on Child Labour Issues that was carried out in Uganda in July 2009.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Abductions and the exaction of forced labour. The Committee had previously noted that article 25:1 of the Constitution of Uganda stipulates that no person shall be held in slavery or servitude and that section 25:2 states that no person shall be required to perform forced labour. It had noted 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). 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.

However, in its previous comments under the Forced Labour Convention, 1930 (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 the killings, beatings and rape of these children. The Committee had noted that, according to the report of the United Nations Secretary-General on children and armed conflict in Uganda of 7 May 2007 (Secretary-General’s report of 2007) (S/2007/260, paragraph 10), the figures from 2005 suggested 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. However, the total number of abductions had 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 had been no confirmed reports on the abduction of children in Uganda by the LRA. Moreover, the peace talks between the Government of Uganda and the LRA had officially opened on 14 July 2006 and the parties had 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 had not released children from its ranks.

The Committee noted that, in its concluding observations for the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict of 17 October 2008, the Committee on the Rights of the Child expressed concern over continued abductions of children living in border regions by the LRA, to be used as child soldiers, sex slaves, spies and to carry goods and weapons (CRC/C/OPAC/UGA/CO/1, paragraph 24). The Committee on the Rights of the Child was further concerned over the inhuman and degrading treatment of the abducted children. Moreover, the Committee noted that, according to the report of the Secretary-General on children and armed conflict in Uganda of 15 September 2009 (Secretary-General’s report of 2009), the LRA has not knowingly operated in Ugandan territory since the cessation of hostilities in August 2006. Over the past four years, however, the LRA, including a substantial but unknown number of Ugandan children associated with its forces, has increasingly moved into neighbouring countries to establish additional bases; and children and their communities in the Sudan, the Democratic Republic of the Congo and the Central African Republic have been the victims of attacks that have claimed hundreds of lives and resulted in the disappearance of hundreds of children. In the Democratic Republic of the Congo, 233 abductions of children by the LRA were documented by child protection partners between 1 December 2008 and 30 June 2009. The Secretary-General further indicates that efforts to sign a Comprehensive Peace Agreement with the LRA failed and, as a result, the LRA has increasingly become a regional actor. Since December 2008, LRA elements, operating in small groups, reportedly conducted attacks against several localities in the Democratic Republic of the Congo, killing civilians, burning houses and abducting children and adults. In total, it is estimated that more than 1,000 civilians have been killed and several hundred abducted by the LRA since it increased its violent activities in 2008.

The Committee therefore once again expressed its deep concern at the situation of children abducted by the LRA and forced to provide work and services as informants, porters, hostages, as well as becoming victims of sexual exploitation and violence. It observed that, although national legislation appears to prohibit abductions and the exaction of forced labour, this remains a serious issue of concern in practice, in particular in the context of renewed violence and conflict. In this regard, the Committee once again recalled that, by virtue of Article 3(a) of the Convention, the exaction of forced labour from children 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 prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee strongly urges the Government to take effective and time-bound measures to eradicate abductions and the exaction of forced labour from children under 18 years, as a matter of urgency. In this regard, it requests the Government to take immediate measures to ensure that thorough investigations and robust prosecutions of offenders are carried out and that sufficiently effective and dissuasive sanctions are imposed in practice. It also urges the Government to take measures to cooperate with the neighbouring countries and accordingly reinforce security measures, particularly on the common borders with the Democratic Republic of the Congo, the Central African Republic and Sudan, with a view to bringing an end to this worst form of child labour.

2. Compulsory recruitment of children for use in armed conflict. The Committee had previously noted that, according to the Secretary-General’s report of 2007 (paragraph 5), Uganda is among the countries where parties to armed conflicts – the Ugandan People Defence Force (UPDF), the local defence units and the LRA – recruited or used children and were responsible for other grave violations. According to this report, it was estimated that, notwithstanding various peace agreements, up to 2,000 women and children may still have been held by the LRA within its ranks and had not been released. Regarding children recruited by the national military forces, the Secretary-General’s report of 2007 indicated that the UPDF recruited young boys to serve in its armed forces, especially within the local defence units, which are UPDF auxiliary forces. The report of 2007 also indicated that during recruitment, age verification was rarely carried out. After training, many of these children were 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 led to children continuing to join some elements of the armed forces. However, according to the Secretary-General’s report of 2007, the Government had 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, including to verify age during the recruitment process. Furthermore, the Uganda Task Force on Monitoring and Reporting (UTF) had 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 noted that, according to the Secretary-General’s report of 2009 (paragraphs 3–7), on 16 January 2009, the Government of Uganda and the UTF signed an action plan regarding children associated with armed forces in Uganda, which obligates the Government to prevent and end the association of children under the age of 18 with armed auxiliary forces; appoint focal points at the highest level of the Government on the implementation of the action plan; provide access on a regular and ad hoc basis to the UPDF and auxiliary facilities to the UTF to monitor and verify compliance; and promptly investigate allegations of recruitment and use of children and ensure the prosecution of perpetrators. Furthermore, the action plan identifies time-bound activities relating to children associated with the armed forces in Uganda. Among others, the measures include verification visits to all UPDF facilities and regular access to all relevant UPDF units by the UTF. In compliance with the action plan, the Government of Uganda and the UTF agreed upon a series of visits by the UTF to UPDF facilities in northern Uganda in early 2009, with a view to verifying that no persons under the age of 18 were present within, or recruited into, its ranks.

The Committee noted with satisfaction that no case of recruitment or use of children by the UPDF or its auxiliary forces has come to the attention of the UTF. Throughout its visits, the UPDF extended excellent cooperation to the verification team. Furthermore, the UTF observed the UPDF recruitment process in the northern districts of Uganda from 12 to 14 February 2009. It was noted that age requirements for recruitment into the UPDF, as set forth in existing laws and regulations, were strictly observed and followed by UPDF officers in compliance with the UPDF internal circular of February 2009 containing instructions on recruitment criteria. The Committee noted that, according to the Secretary-General’s report of 2009, the UTF will nevertheless continue to monitor compliance of the UPDF within the action plan framework to ensure that continuous efforts are made to prevent the recruitment and use of children and that the implementation of the action plan continues.

However, the Committee noted that the LRA, whose leadership originates in Uganda and a significant number of whose forces are also from Uganda, remains listed on the Secretary-General’s annexes to his reports on children and armed conflict because of the continued practice of recruitment of children within its ranks. Although LRA violations against children were originally reported solely under Uganda country situation reporting, the geostrategic situation of that group, which is expanding its armed activities to the wider region, has prompted the request of a strategy for increased regional joint capability to monitor and report on cross-border recruitment and use of children by the LRA. The UTF has therefore been engaged in consultations with the Resident Coordinator of the United Nations Country Team in Uganda, the United Nations Children’s Fund headquarters and regional offices, the Department of Peacekeeping Operations missions in Sudan and the Democratic Republic of the Congo and the Office of the Special Representative of the Secretary General for Children and Armed Conflict, on appropriate steps to establish a subregional strategy to monitor and report on grave child rights violations committed by the LRA in the region.

The Committee welcomed the measures taken by the Government and the positive results it has registered with regard to the UPDF. However, it expressed its concern at the situation of children who continue to be recruited for armed conflict by the LRA. The Committee refers to the Secretary-General’s call upon the Government of Uganda to prioritize the protection of children in its military actions against LRA elements, either on Ugandan territory or in joint operations in neighbouring countries (S/2009/462, 15 September 2009, paragraph 28). The Committee therefore urges the Government to intensify its efforts to improve the situation and to take, as a matter of urgency, immediate and effective measures to put a stop in practice to the forced recruitment of children under 18 years of age by the LRA. In this regard, it urges the Government to take the necessary measures to ensure that a strategy for increased regional joint capability to monitor and report on cross-border recruitment and use of children by the LRA is adopted as soon as possible. It also 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(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 had previously noted that the orphans and vulnerable children 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 had also noted that a number of measures had 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; and (c) the project implemented by Save the Children from Denmark and Sweden, in collaboration with the UPDF and Gulu Support Children Organization (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 noted that, according to the mission report, the Ministry of Education and Sports (MoES) made interventions for child victims of armed conflict, as well as abducted children, and specialized schools have been built in the north of the country to give support and rehabilitate these children. Indeed, the Committee noted that, according to the report on Education Needs Assessment for Northern Uganda of February 2008 (ENA report) prepared by the Education Planning Department, the MoES has, among other things, provided psychosocial back-up support by training 50 trainers in psychosocial training, helped with the demobilization of 53 child soldiers, supported eight reception centres for former child abductees. The MoES has also constructed 27 learning centres with 114 classrooms in Kitgum, Pader and Lira for 6,000 displaced primary school children, as well as a primary boarding school at Laroo in Gulu with a capacity for 1,000 pupils. Furthermore, the ENA report indicates that many education provider organizations have contributed to the interventions of the MoES with a view to provide an interim response to the needs of northern Uganda in terms of education. The Committee also noted that, according to the Secretary-General’s report of 2009, the action plan regarding children associated with armed forces in Uganda signed by the Government of Uganda and the UTF on 16 January 2009 covers different areas of activities, including preventing the recruitment of children under 18 years for use in armed conflict and releasing and reintegrating underage recruits. The Committee strongly encourages the Government to continue its efforts and take effective and time-bound measures to remove children from armed conflict and ensure their rehabilitation and social integration. In this regard, it requests the Government to provide information on the number of children under 18 years of age who have been rehabilitated and reintegrated into their communities through these measures, in particular through the action of the MoES and through the activities undertaken under the action programme regarding children associated with armed forces in Uganda.

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