Repetition

Article 1(1)(a) of the Convention. Discrimination against women, including with respect to access to resources. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the existence of sex-based discriminatory provisions in the national legislation, including in the Succession Act, the Divorce Act and the Marriage Code. The CESCR also expressed concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which prevents women from owning land and deepens occupational sex segregation and the concentration of women in low-paid sectors (E/C.12/UGA/CO/1, 8 July 2015, paragraph 18). The Committee further notes that the Equal Opportunities Commission (EOC), in its Annual Report for 2015–16, acknowledges that, despite the significant efforts made by the Government and other stakeholders towards the improvement of the status of women and the promotion of gender equality, “most of the women in Uganda still face a wide range of challenges, including discrimination, low social status, lack of economic self-sufficiency, high illiteracy levels and greater risk of HIV/AIDS infection”. According to this report, “gender discrimination means that women must submit to an overall lower social status [and,] for many women, this reduces their power to act independently, become educated, avoid poverty or develop self-reliance for social and economic shocks. Women continue to face constraints related to, among others, limited access to control over and ownership of productive resources such as land, credit and businesses, in addition to limited employment opportunities in industries that require sophisticated skills, and this limits their income-generating potential.” The Committee notes that the EOC recommends the adoption of a framework for coordinated interventions by all actors through a national policy to eliminate gender inequalities and encourage the empowerment of women. The Committee also recalls the adoption of the National Land Policy of 2013, which requires the Government to enact legislation ensuring that women are guaranteed access to land.The Committee asks the Government to take appropriate steps to eliminate discrimination against women, including steps to combat the deep-rooted stereotypes and prejudice regarding their aspirations and capabilities. The Committee also asks the Government to adopt measures to ensure that women have equal access to resources such as land, and trusts that the Government will soon be in a position to report progress on the repeal of the legislative provisions discriminating against women.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government refers to the Code of Conduct and Ethics in the Public Service (adopted in 2005), which defines and prohibits sexual harassment in the workplace. With respect to the private sector the Government indicates that, under the Inspection Check List, it is a requirement for all workplaces to have a Sexual Harassment Policy and Committee and that, during labour inspections, it is the practice to distribute the Employment (Sexual Harassment) Regulations, 2012, and to carry out awareness-raising activities. The Committee recalls that section 7 of the Employment Act, 2006: (i) defines sexual harassment in employment by the employer or his/her representative; (ii) provides for the right of the employee to lodge a complaint with a labour officer; and (iii) requires an employer with more than 25 employees to adopt measures to prevent sexual harassment at the workplace. It further recalls that section 3 of the Employment (Sexual Harassment) Regulations, 2012, defines the content of the written policy against sexual harassment that has to be adopted by such an employer.The Committee asks the Government to step up its efforts to prevent and address sexual harassment in employment and occupation in both the public and the private sectors, including through awareness-raising campaigns, and to provide examples of measures, policies and committees put in place by employers with more than 25 employees. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition to “intimidation” towards “colleagues”, the Committee once again asks the Government to clarify whether a complaint can be made under the Regulations of sexual harassment by co-workers, and the procedure that would be followed. The Committee also asks the Government to provide information on the implementation of the Code of Conduct and Ethics in the Public Service, including the sanctions applied, and on the results of inspections carried out specifically regarding sexual harassment.

Ethnic minorities. The Committee notes from the EOC Annual Report that, according to the Uganda National Housing and Population Census 2014, conducted by the Uganda Bureau of Statistics, there are 75 ethnic groups in the country that make a total population of 34,142,417 (male: 16,595,014; female: 17,547,403); 25 of these groups are small, with fewer than 47,700 members each, and represent collectively 1.4 per cent of the total population. The Committee recalls that the National Land Policy of 2013 requires the enactment of legislation ensuring that pastoralist communities are guaranteed access to land. The Committee further recalls that, in order to address non-wage work covered by the Convention, including traditional activities, ensuring access to the material goods and services required to carry out an occupation, such as land, credit and resources, should be part of the objectives of a national policy on equality in respect of employment and occupation. In this regard, the Committee notes that, in its concluding observations, the CESC also expressed concern that many indigenous peoples, including the Benet, Batwa and Pastoralist communities, are denied access to their ancestral lands and are prevented from preserving their traditional way of living (paragraph 13).The Committee asks the Government to take the relevant legislative or administrative measures to implement the National Land Policy of 2013 in order to address in practice access to the necessary resources for hunter–gatherer and pastoralist communities, and particularly land, that are required to carry out their occupations. In addition, the Committee asks the Government to provide information on any steps taken to ensure equal opportunities and treatment for ethnic minorities in employment and occupation, including awareness-raising measures and measures to address stereotypes.

Article 1(1)(b). Persons with disabilities. The Committee recalls the National Policy on Disability (2006) and the Employment Act, 2006, under which discrimination on the basis of disability is unlawful. The Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the few opportunities open for employment for persons with disabilities, in particular young men and women with disabilities, as well as the dismissal of persons who acquire an impairment in the course of their employment. The CRPD is also concerned at the lack of provisions to ensure that persons with disabilities receive equal pay for work of equal value (CRPD/C/UGA/CO/1, 12 May 2016, paragraph 52).With reference to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee asks the Government to provide information on the steps taken to combat discrimination based on disability and to promote equal opportunities and treatment for persons with disabilities in employment and occupation under the National Policy on Disability, or otherwise.

Real or perceived HIV status. With respect to measures addressing discrimination on the basis of real or perceived HIV status, the Committee welcomes the Government’s indications in March 2016 that draft Employment (HIV/AIDS) Regulations were prepared and submitted to the Solicitor General for legal input.The Committee asks the Government to provide information on the content and status of the draft Employment (HIV/AIDS) Regulations, in particular with respect to the provisions protecting workers against discrimination based on HIV/AIDS. Recalling the HIV and AIDS Recommendation, 2010 (No. 200), the Committee also invites the Government to implement awareness-raising measures at the national and local levels or at the level of the workplace to prevent discrimination and stigma in employment and occupation against persons living with HIV or AIDS.

Articles 2 and 3. Promotion of equality and non-discrimination. Equality policy. The Committee notes that the Government merely indicates that it has designed the public service application form in such a way that it excludes all forms of discrimination since it only calls for individual biodata and the relevant qualifications of the applicant. The Committee recalls that the Convention requires ratifying States to declare and pursue a national equality policy, leaving flexibility regarding the adoption of the most appropriate policy. However, the objectives to be pursued cannot be compromised. Therefore, the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. In addition, the equality policy must be adjusted periodically to take into account newly emerging forms of discrimination for which solutions must be found (see General Survey on the fundamental Conventions, 2012, paragraphs 734–735 and 841–849).Recalling that under section 6(3) of the Employment Act, 2006, discrimination based on race, colour … religion, political opinion, national extraction, social origin, HIV status or disability is unlawful, the Committee asks the Government to take all the necessary measures to formulate and implement a national equality policy designed to address discrimination on the basis of all the grounds covered by the Convention and the additional grounds under the Employment Act, 2006, and to promote equality among workers, employers and their respective organizations, and the public in general.

Gender equality policy. The Committee notes that the Employment Policy of 2011 provides for: the promotion of equality of opportunity for men and women in order to address disparities in access to employment and working conditions; and the implementation of the provisions contained in the Gender Policy of 2007 on education and training, recruitment and promotion in employment for both women and men in all sectors.The Committee asks the Government to provide information on the specific steps taken, including under the Employment Policy of 2011 and the Gender Policy of 2007, to eliminate discrimination and promote equality of opportunities for men and women in employment and occupation, and on the impact of such measures.

Equality bodies. The Equal Opportunities Commission (EOC). The Committee notes from the Report of the EOC for 2015–16 that it carried out the following activities: the registration of 320 complaints regarding inequality, of which 52 were in relation to employment; the assessment of 135 Ministerial Policy statements; the development and dissemination of materials to improve understanding of equal opportunities for all and to promote affirmative action to redress imbalances; the organization of a regional awareness-raising workshop for civil society organizations, traditional leaders and religious leaders; the official launching of a toll-free helpline; and the conducting of several awareness campaigns on equal opportunities, discrimination, affirmative action and the general mandate of the EOC.Welcoming this information, the Committee asks the Government to provide specific information on the steps taken to ensure that the EOC continues to carry out its mandate with respect to equal opportunities in employment and occupation, both in terms of staffing and funding. The Committee also asks the Government to provide information on any follow-up to the general recommendations of the EOC contained in its report, such as improving statistical information related to equal opportunities, marginalization and discrimination, building knowledge about the needs and rights of marginalized groups, mainstreaming the concerns of gender and equity in plans and budgets, and educating the population on the rights and dignity of all persons, and specifically on the rights of vulnerable and marginalized groups.

Article 2. Promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee notes however, from the Uganda’s National Report on the Implementation of the Beijing Declaration and Platform for Action (June 2019) (Beijing+25 country report), that the national priorities set for the period 2020-2025, in accordance with the National Development Plan III (2020/21-2024/25), include: (1) women’s economic empowerment (including women’s entrepreneurship and women’s enterprises; right to work and right at work; unpaid care and domestic work; and digital and financial inclusion of women); (2) women’s and girls’ education and skills training (including life-long learning and vocational training and participation in science, technology, engineering and mathematics (STEM)); (3) ending gender-based violence and promoting women’s rights (including equality and non-discrimination under the law and access to justice); and (4) promotion of a supportive environment for women’s empowerment (including gender responsive budgeting and gender statistics). It also notes the information contained in the Government Beijing+25 report regarding: (1) the Public Service Commission flexible and disability-friendly procedures to assist persons with disabilities to participate in job interviews and its affirmative action for recruitment of persons with disabilities in public sector institutions; and (2) the National Action Plan on Women, Gender Equality and HIV/AIDS 2016/17-2020/21.

Furthermore, the Committee notes the information contained in the 7th annual report (2019/2020) of the Equal Opportunities Commission (EOC) which states that it conducted awareness-raising programmes and training sessions, media engagements, public and community dialogues, and production and use of information, education and communication materials. The Committee also notes its recommendations, in particular those relating to: (1) the need for the judiciary “to develop a comprehensive pre- and in-service judicial training programme on human, gender and persons with disabilities”; (2) the establishment and implementation of gender-sensitive agricultural credit facilities that address the different needs of both female and male farmers in the rural areas; and (3) the adoption by Parliament of the National Legal Aid Bill, 2019 in order to enable government justice institutions improve access to justice among the marginalized groups.

Based on the information contained in both the Beijing+25 country report and the latest report of the EOC, the Committee asks the Government to reply in full to the issues raised and comments made by the Committee in its previous direct request and to provide information on the implementation of: (i) the national priorities set for the period 2020-2025 in the National Development Plan III which relate to equality and non-discrimination in employment and occupation; (ii) the National Action Plan on Women, Gender Equality and the National Policy on HIV/AIDS in the World of Work (2016/17-2020/21); and (iii) the recommendations of the EOC; and the results achieved in all these domains.

Repetition

Article 1(1)(a) of the Convention. Discrimination against women, including with respect to access to resources. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the existence of sex-based discriminatory provisions in the national legislation, including in the Succession Act, the Divorce Act and the Marriage Code. The CESCR also expressed concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which prevents women from owning land and deepens occupational sex segregation and the concentration of women in low-paid sectors (E/C.12/UGA/CO/1, 8 July 2015, paragraph 18). The Committee further notes that the Equal Opportunities Commission (EOC), in its Annual Report for 2015–16, acknowledges that, despite the significant efforts made by the Government and other stakeholders towards the improvement of the status of women and the promotion of gender equality, “most of the women in Uganda still face a wide range of challenges, including discrimination, low social status, lack of economic self-sufficiency, high illiteracy levels and greater risk of HIV/AIDS infection”. According to this report, “gender discrimination means that women must submit to an overall lower social status [and,] for many women, this reduces their power to act independently, become educated, avoid poverty or develop self-reliance for social and economic shocks. Women continue to face constraints related to, among others, limited access to control over and ownership of productive resources such as land, credit and businesses, in addition to limited employment opportunities in industries that require sophisticated skills, and this limits their income-generating potential.” The Committee notes that the EOC recommends the adoption of a framework for coordinated interventions by all actors through a national policy to eliminate gender inequalities and encourage the empowerment of women. The Committee also recalls the adoption of the National Land Policy of 2013, which requires the Government to enact legislation ensuring that women are guaranteed access to land. The Committee asks the Government to take appropriate steps to eliminate discrimination against women, including steps to combat the deep-rooted stereotypes and prejudice regarding their aspirations and capabilities. The Committee also asks the Government to adopt measures to ensure that women have equal access to resources such as land, and trusts that the Government will soon be in a position to report progress on the repeal of the legislative provisions discriminating against women.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government refers to the Code of Conduct and Ethics in the Public Service (adopted in 2005), which defines and prohibits sexual harassment in the workplace. With respect to the private sector the Government indicates that, under the Inspection Check List, it is a requirement for all workplaces to have a Sexual Harassment Policy and Committee and that, during labour inspections, it is the practice to distribute the Employment (Sexual Harassment) Regulations, 2012, and to carry out awareness-raising activities. The Committee recalls that section 7 of the Employment Act, 2006: (i) defines sexual harassment in employment by the employer or his/her representative; (ii) provides for the right of the employee to lodge a complaint with a labour officer; and (iii) requires an employer with more than 25 employees to adopt measures to prevent sexual harassment at the workplace. It further recalls that section 3 of the Employment (Sexual Harassment) Regulations, 2012, defines the content of the written policy against sexual harassment that has to be adopted by such an employer. The Committee asks the Government to step up its efforts to prevent and address sexual harassment in employment and occupation in both the public and the private sectors, including through awareness-raising campaigns, and to provide examples of measures, policies and committees put in place by employers with more than 25 employees. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition to “intimidation” towards “colleagues”, the Committee once again asks the Government to clarify whether a complaint can be made under the Regulations of sexual harassment by co-workers, and the procedure that would be followed. The Committee also asks the Government to provide information on the implementation of the Code of Conduct and Ethics in the Public Service, including the sanctions applied, and on the results of inspections carried out specifically regarding sexual harassment.

Ethnic minorities. The Committee notes from the EOC Annual Report that, according to the Uganda National Housing and Population Census 2014, conducted by the Uganda Bureau of Statistics, there are 75 ethnic groups in the country that make a total population of 34,142,417 (male: 16,595,014; female: 17,547,403); 25 of these groups are small, with fewer than 47,700 members each, and represent collectively 1.4 per cent of the total population. The Committee recalls that the National Land Policy of 2013 requires the enactment of legislation ensuring that pastoralist communities are guaranteed access to land. The Committee further recalls that, in order to address non-wage work covered by the Convention, including traditional activities, ensuring access to the material goods and services required to carry out an occupation, such as land, credit and resources, should be part of the objectives of a national policy on equality in respect of employment and occupation. In this regard, the Committee notes that, in its concluding observations, the CESC also expressed concern that many indigenous peoples, including the Benet, Batwa and Pastoralist communities, are denied access to their ancestral lands and are prevented from preserving their traditional way of living (paragraph 13). The Committee asks the Government to take the relevant legislative or administrative measures to implement the National Land Policy of 2013 in order to address in practice access to the necessary resources for hunter–gatherer and pastoralist communities, and particularly land, that are required to carry out their occupations. In addition, the Committee asks the Government to provide information on any steps taken to ensure equal opportunities and treatment for ethnic minorities in employment and occupation, including awareness-raising measures and measures to address stereotypes.

Article 1(1)(b). Persons with disabilities. The Committee recalls the National Policy on Disability (2006) and the Employment Act, 2006, under which discrimination on the basis of disability is unlawful. The Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the few opportunities open for employment for persons with disabilities, in particular young men and women with disabilities, as well as the dismissal of persons who acquire an impairment in the course of their employment. The CRPD is also concerned at the lack of provisions to ensure that persons with disabilities receive equal pay for work of equal value (CRPD/C/UGA/CO/1, 12 May 2016, paragraph 52). With reference to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee asks the Government to provide information on the steps taken to combat discrimination based on disability and to promote equal opportunities and treatment for persons with disabilities in employment and occupation under the National Policy on Disability, or otherwise.

Real or perceived HIV status. With respect to measures addressing discrimination on the basis of real or perceived HIV status, the Committee welcomes the Government’s indications in March 2016 that draft Employment (HIV/AIDS) Regulations were prepared and submitted to the Solicitor General for legal input. The Committee asks the Government to provide information on the content and status of the draft Employment (HIV/AIDS) Regulations, in particular with respect to the provisions protecting workers against discrimination based on HIV/AIDS. Recalling the HIV and AIDS Recommendation, 2010 (No. 200), the Committee also invites the Government to implement awareness-raising measures at the national and local levels or at the level of the workplace to prevent discrimination and stigma in employment and occupation against persons living with HIV or AIDS.

Articles 2 and 3. Promotion of equality and non-discrimination. Equality policy. The Committee notes that the Government merely indicates that it has designed the public service application form in such a way that it excludes all forms of discrimination since it only calls for individual biodata and the relevant qualifications of the applicant. The Committee recalls that the Convention requires ratifying States to declare and pursue a national equality policy, leaving flexibility regarding the adoption of the most appropriate policy. However, the objectives to be pursued cannot be compromised. Therefore, the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. In addition, the equality policy must be adjusted periodically to take into account newly emerging forms of discrimination for which solutions must be found (see General Survey on the fundamental Conventions, 2012, paragraphs 734–735 and 841–849). Recalling that under section 6(3) of the Employment Act, 2006, discrimination based on race, colour … religion, political opinion, national extraction, social origin, HIV status or disability is unlawful, the Committee asks the Government to take all the necessary measures to formulate and implement a national equality policy designed to address discrimination on the basis of all the grounds covered by the Convention and the additional grounds under the Employment Act, 2006, and to promote equality among workers, employers and their respective organizations, and the public in general.

Gender equality policy. The Committee notes that the Employment Policy of 2011 provides for: the promotion of equality of opportunity for men and women in order to address disparities in access to employment and working conditions; and the implementation of the provisions contained in the Gender Policy of 2007 on education and training, recruitment and promotion in employment for both women and men in all sectors. The Committee asks the Government to provide information on the specific steps taken, including under the Employment Policy of 2011 and the Gender Policy of 2007, to eliminate discrimination and promote equality of opportunities for men and women in employment and occupation, and on the impact of such measures.

Equality bodies. The Equal Opportunities Commission (EOC). The Committee notes from the Report of the EOC for 2015–16 that it carried out the following activities: the registration of 320 complaints regarding inequality, of which 52 were in relation to employment; the assessment of 135 Ministerial Policy statements; the development and dissemination of materials to improve understanding of equal opportunities for all and to promote affirmative action to redress imbalances; the organization of a regional awareness-raising workshop for civil society organizations, traditional leaders and religious leaders; the official launching of a toll-free helpline; and the conducting of several awareness campaigns on equal opportunities, discrimination, affirmative action and the general mandate of the EOC. Welcoming this information, the Committee asks the Government to provide specific information on the steps taken to ensure that the EOC continues to carry out its mandate with respect to equal opportunities in employment and occupation, both in terms of staffing and funding. The Committee also asks the Government to provide information on any follow-up to the general recommendations of the EOC contained in its report, such as improving statistical information related to equal opportunities, marginalization and discrimination, building knowledge about the needs and rights of marginalized groups, mainstreaming the concerns of gender and equity in plans and budgets, and educating the population on the rights and dignity of all persons, and specifically on the rights of vulnerable and marginalized groups.

Article 2. Promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee notes however, from the Uganda’s National Report on the Implementation of the Beijing Declaration and Platform for Action (June 2019) (Beijing+25 country report), that the national priorities set for the period 2020-2025, in accordance with the National Development Plan III (2020/21-2024/25), include: (1) women’s economic empowerment (including women’s entrepreneurship and women’s enterprises; right to work and right at work; unpaid care and domestic work; and digital and financial inclusion of women); (2) women’s and girls’ education and skills training (including life-long learning and vocational training and participation in science, technology, engineering and mathematics (STEM)); (3) ending gender-based violence and promoting women’s rights (including equality and non-discrimination under the law and access to justice); and (4) promotion of a supportive environment for women’s empowerment (including gender responsive budgeting and gender statistics). It also notes the information contained in the Government Beijing+25 report regarding: (1) the Public Service Commission flexible and disability-friendly procedures to assist persons with disabilities to participate in job interviews and its affirmative action for recruitment of persons with disabilities in public sector institutions; and (2) the National Action Plan on Women, Gender Equality and HIV/AIDS 2016/17-2020/21.

Furthermore, the Committee notes the information contained in the 7th annual report (2019/2020) of the Equal Opportunities Commission (EOC) which states that it conducted awareness-raising programmes and training sessions, media engagements, public and community dialogues, and production and use of information, education and communication materials. The Committee also notes its recommendations, in particular those relating to: (1) the need for the judiciary “to develop a comprehensive pre- and in-service judicial training programme on human, gender and persons with disabilities”; (2) the establishment and implementation of gender-sensitive agricultural credit facilities that address the different needs of both female and male farmers in the rural areas; and (3) the adoption by Parliament of the National Legal Aid Bill, 2019 in order to enable government justice institutions improve access to justice among the marginalized groups.

Based on the information contained in both the Beijing+25 country report and the latest report of the EOC, the Committee asks the Government to reply in full to the issues raised and comments made by the Committee in its previous direct request and to provide information on the implementation of: (i) the national priorities set for the period 2020-2025 in the National Development Plan III which relate to equality and non-discrimination in employment and occupation; (ii) the National Action Plan on Women, Gender Equality and the National Policy on HIV/AIDS in the World of Work (2016/17-2020/21); and (iii) the recommendations of the EOC; and the results achieved in all these domains.

Repetition

Article 1(1)(a) of the Convention. Discrimination against women, including with respect to access to resources. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the existence of sex-based discriminatory provisions in the national legislation, including in the Succession Act, the Divorce Act and the Marriage Code. The CESCR also expressed concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which prevents women from owning land and deepens occupational sex segregation and the concentration of women in low-paid sectors (E/C.12/UGA/CO/1, 8 July 2015, paragraph 18). The Committee further notes that the Equal Opportunities Commission (EOC), in its Annual Report for 2015–16, acknowledges that, despite the significant efforts made by the Government and other stakeholders towards the improvement of the status of women and the promotion of gender equality, “most of the women in Uganda still face a wide range of challenges, including discrimination, low social status, lack of economic self-sufficiency, high illiteracy levels and greater risk of HIV/AIDS infection”. According to this report, “gender discrimination means that women must submit to an overall lower social status [and,] for many women, this reduces their power to act independently, become educated, avoid poverty or develop self-reliance for social and economic shocks. Women continue to face constraints related to, among others, limited access to control over and ownership of productive resources such as land, credit and businesses, in addition to limited employment opportunities in industries that require sophisticated skills, and this limits their income-generating potential.” The Committee notes that the EOC recommends the adoption of a framework for coordinated interventions by all actors through a national policy to eliminate gender inequalities and encourage the empowerment of women. The Committee also recalls the adoption of the National Land Policy of 2013, which requires the Government to enact legislation ensuring that women are guaranteed access to land. The Committee asks the Government to take appropriate steps to eliminate discrimination against women, including steps to combat the deep-rooted stereotypes and prejudice regarding their aspirations and capabilities. The Committee also asks the Government to adopt measures to ensure that women have equal access to resources such as land, and trusts that the Government will soon be in a position to report progress on the repeal of the legislative provisions discriminating against women.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government refers to the Code of Conduct and Ethics in the Public Service (adopted in 2005), which defines and prohibits sexual harassment in the workplace. With respect to the private sector the Government indicates that, under the Inspection Check List, it is a requirement for all workplaces to have a Sexual Harassment Policy and Committee and that, during labour inspections, it is the practice to distribute the Employment (Sexual Harassment) Regulations, 2012, and to carry out awareness-raising activities. The Committee recalls that section 7 of the Employment Act, 2006: (i) defines sexual harassment in employment by the employer or his/her representative; (ii) provides for the right of the employee to lodge a complaint with a labour officer; and (iii) requires an employer with more than 25 employees to adopt measures to prevent sexual harassment at the workplace. It further recalls that section 3 of the Employment (Sexual Harassment) Regulations, 2012, defines the content of the written policy against sexual harassment that has to be adopted by such an employer. The Committee asks the Government to step up its efforts to prevent and address sexual harassment in employment and occupation in both the public and the private sectors, including through awareness-raising campaigns, and to provide examples of measures, policies and committees put in place by employers with more than 25 employees. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition to “intimidation” towards “colleagues”, the Committee once again asks the Government to clarify whether a complaint can be made under the Regulations of sexual harassment by co-workers, and the procedure that would be followed. The Committee also asks the Government to provide information on the implementation of the Code of Conduct and Ethics in the Public Service, including the sanctions applied, and on the results of inspections carried out specifically regarding sexual harassment.

Ethnic minorities. The Committee notes from the EOC Annual Report that, according to the Uganda National Housing and Population Census 2014, conducted by the Uganda Bureau of Statistics, there are 75 ethnic groups in the country that make a total population of 34,142,417 (male: 16,595,014; female: 17,547,403); 25 of these groups are small, with fewer than 47,700 members each, and represent collectively 1.4 per cent of the total population. The Committee recalls that the National Land Policy of 2013 requires the enactment of legislation ensuring that pastoralist communities are guaranteed access to land. The Committee further recalls that, in order to address non-wage work covered by the Convention, including traditional activities, ensuring access to the material goods and services required to carry out an occupation, such as land, credit and resources, should be part of the objectives of a national policy on equality in respect of employment and occupation. In this regard, the Committee notes that, in its concluding observations, the CESC also expressed concern that many indigenous peoples, including the Benet, Batwa and Pastoralist communities, are denied access to their ancestral lands and are prevented from preserving their traditional way of living (paragraph 13). The Committee asks the Government to take the relevant legislative or administrative measures to implement the National Land Policy of 2013 in order to address in practice access to the necessary resources for hunter–gatherer and pastoralist communities, and particularly land, that are required to carry out their occupations. In addition, the Committee asks the Government to provide information on any steps taken to ensure equal opportunities and treatment for ethnic minorities in employment and occupation, including awareness-raising measures and measures to address stereotypes.

Article 1(1)(b). Persons with disabilities. The Committee recalls the National Policy on Disability (2006) and the Employment Act, 2006, under which discrimination on the basis of disability is unlawful. The Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the few opportunities open for employment for persons with disabilities, in particular young men and women with disabilities, as well as the dismissal of persons who acquire an impairment in the course of their employment. The CRPD is also concerned at the lack of provisions to ensure that persons with disabilities receive equal pay for work of equal value (CRPD/C/UGA/CO/1, 12 May 2016, paragraph 52). With reference to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee asks the Government to provide information on the steps taken to combat discrimination based on disability and to promote equal opportunities and treatment for persons with disabilities in employment and occupation under the National Policy on Disability, or otherwise.

Real or perceived HIV status. With respect to measures addressing discrimination on the basis of real or perceived HIV status, the Committee welcomes the Government’s indications in March 2016 that draft Employment (HIV/AIDS) Regulations were prepared and submitted to the Solicitor General for legal input. The Committee asks the Government to provide information on the content and status of the draft Employment (HIV/AIDS) Regulations, in particular with respect to the provisions protecting workers against discrimination based on HIV/AIDS. Recalling the HIV and AIDS Recommendation, 2010 (No. 200), the Committee also invites the Government to implement awareness-raising measures at the national and local levels or at the level of the workplace to prevent discrimination and stigma in employment and occupation against persons living with HIV or AIDS.

Articles 2 and 3. Promotion of equality and non-discrimination. Equality policy. The Committee notes that the Government merely indicates that it has designed the public service application form in such a way that it excludes all forms of discrimination since it only calls for individual biodata and the relevant qualifications of the applicant. The Committee recalls that the Convention requires ratifying States to declare and pursue a national equality policy, leaving flexibility regarding the adoption of the most appropriate policy. However, the objectives to be pursued cannot be compromised. Therefore, the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. In addition, the equality policy must be adjusted periodically to take into account newly emerging forms of discrimination for which solutions must be found (see General Survey on the fundamental Conventions, 2012, paragraphs 734–735 and 841–849). Recalling that under section 6(3) of the Employment Act, 2006, discrimination based on race, colour … religion, political opinion, national extraction, social origin, HIV status or disability is unlawful, the Committee asks the Government to take all the necessary measures to formulate and implement a national equality policy designed to address discrimination on the basis of all the grounds covered by the Convention and the additional grounds under the Employment Act, 2006, and to promote equality among workers, employers and their respective organizations, and the public in general.

Gender equality policy. The Committee notes that the Employment Policy of 2011 provides for: the promotion of equality of opportunity for men and women in order to address disparities in access to employment and working conditions; and the implementation of the provisions contained in the Gender Policy of 2007 on education and training, recruitment and promotion in employment for both women and men in all sectors. The Committee asks the Government to provide information on the specific steps taken, including under the Employment Policy of 2011 and the Gender Policy of 2007, to eliminate discrimination and promote equality of opportunities for men and women in employment and occupation, and on the impact of such measures.

Equality bodies. The Equal Opportunities Commission (EOC). The Committee notes from the Report of the EOC for 2015–16 that it carried out the following activities: the registration of 320 complaints regarding inequality, of which 52 were in relation to employment; the assessment of 135 Ministerial Policy statements; the development and dissemination of materials to improve understanding of equal opportunities for all and to promote affirmative action to redress imbalances; the organization of a regional awareness-raising workshop for civil society organizations, traditional leaders and religious leaders; the official launching of a toll-free helpline; and the conducting of several awareness campaigns on equal opportunities, discrimination, affirmative action and the general mandate of the EOC. Welcoming this information, the Committee asks the Government to provide specific information on the steps taken to ensure that the EOC continues to carry out its mandate with respect to equal opportunities in employment and occupation, both in terms of staffing and funding. The Committee also asks the Government to provide information on any follow-up to the general recommendations of the EOC contained in its report, such as improving statistical information related to equal opportunities, marginalization and discrimination, building knowledge about the needs and rights of marginalized groups, mainstreaming the concerns of gender and equity in plans and budgets, and educating the population on the rights and dignity of all persons, and specifically on the rights of vulnerable and marginalized groups.

Article 2. Promotion of equality of opportunity and treatment in respect of employment and occupation. The Committee notes however, from the Uganda’s National Report on the Implementation of the Beijing Declaration and Platform for Action (June 2019) (Beijing+25 country report), that the national priorities set for the period 2020-2025, in accordance with the National Development Plan III (2020/21-2024/25), include: (1) women’s economic empowerment (including women’s entrepreneurship and women’s enterprises; right to work and right at work; unpaid care and domestic work; and digital and financial inclusion of women); (2) women’s and girls’ education and skills training (including life-long learning and vocational training and participation in science, technology, engineering and mathematics (STEM)); (3) ending gender-based violence and promoting women’s rights (including equality and non-discrimination under the law and access to justice); and (4) promotion of a supportive environment for women’s empowerment (including gender responsive budgeting and gender statistics). It also notes the information contained in the Government Beijing+25 report regarding: (1) the Public Service Commission flexible and disability-friendly procedures to assist persons with disabilities to participate in job interviews and its affirmative action for recruitment of persons with disabilities in public sector institutions; and (2) the National Action Plan on Women, Gender Equality and HIV/AIDS 2016/17-2020/21.

Furthermore, the Committee notes the information contained in the 7th annual report (2019/2020) of the Equal Opportunities Commission (EOC) which states that it conducted awareness-raising programmes and training sessions, media engagements, public and community dialogues, and production and use of information, education and communication materials. The Committee also notes its recommendations, in particular those relating to: (1) the need for the judiciary “to develop a comprehensive pre- and in-service judicial training programme on human, gender and persons with disabilities”; (2) the establishment and implementation of gender-sensitive agricultural credit facilities that address the different needs of both female and male farmers in the rural areas; and (3) the adoption by Parliament of the National Legal Aid Bill, 2019 in order to enable government justice institutions improve access to justice among the marginalized groups.

Based on the information contained in both the Beijing+25 country report and the latest report of the EOC, the Committee asks the Government to reply in full to the issues raised and comments made by the Committee in its previous direct request and to provide information on the implementation of: (i) the national priorities set for the period 2020-2025 in the National Development Plan III which relate to equality and non-discrimination in employment and occupation; (ii) the National Action Plan on Women, Gender Equality and the National Policy on HIV/AIDS in the World of Work (2016/17-2020/21); and (iii) the recommendations of the EOC; and the results achieved in all these domains.

Repetition

Article 1(1)(a) of the Convention. Discrimination against women, including with respect to access to resources. The Committee notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the existence of sex-based discriminatory provisions in the national legislation, including in the Succession Act, the Divorce Act and the Marriage Code. The CESCR also expressed concern about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in all spheres of life, which prevents women from owning land and deepens occupational sex segregation and the concentration of women in low-paid sectors (E/C.12/UGA/CO/1, 8 July 2015, paragraph 18). The Committee further notes that the Equal Opportunities Commission (EOC), in its Annual Report for 2015–16, acknowledges that, despite the significant efforts made by the Government and other stakeholders towards the improvement of the status of women and the promotion of gender equality, “most of the women in Uganda still face a wide range of challenges, including discrimination, low social status, lack of economic self-sufficiency, high illiteracy levels and greater risk of HIV/AIDS infection”. According to this report, “gender discrimination means that women must submit to an overall lower social status [and,] for many women, this reduces their power to act independently, become educated, avoid poverty or develop self reliance for social and economic shocks. Women continue to face constraints related to, among others, limited access to control over and ownership of productive resources such as land, credit and businesses, in addition to limited employment opportunities in industries that require sophisticated skills, and this limits their income-generating potential.” The Committee notes that the EOC recommends the adoption of a framework for coordinated interventions by all actors through a national policy to eliminate gender inequalities and encourage the empowerment of women. The Committee also recalls the adoption of the National Land Policy of 2013, which requires the Government to enact legislation ensuring that women are guaranteed access to land. The Committee asks the Government to take appropriate steps to eliminate discrimination against women, including steps to combat the deep-rooted stereotypes and prejudice regarding their aspirations and capabilities. The Committee also asks the Government to adopt measures to ensure that women have equal access to resources such as land, and trusts that the Government will soon be in a position to report progress on the repeal of the legislative provisions discriminating against women.

Discrimination based on sex. Sexual harassment. The Committee notes that the Government refers to the Code of Conduct and Ethics in the Public Service (adopted in 2005), which defines and prohibits sexual harassment in the workplace. With respect to the private sector the Government indicates that, under the Inspection Check List, it is a requirement for all workplaces to have a Sexual Harassment Policy and Committee and that, during labour inspections, it is the practice to distribute the Employment (Sexual Harassment) Regulations, 2012, and to carry out awareness-raising activities. The Committee recalls that section 7 of the Employment Act, 2006: (i) defines sexual harassment in employment by the employer or his/her representative; (ii) provides for the right of the employee to lodge a complaint with a labour officer; and (iii) requires an employer with more than 25 employees to adopt measures to prevent sexual harassment at the workplace. It further recalls that section 3 of the Employment (Sexual Harassment) Regulations, 2012, defines the content of the written policy against sexual harassment that has to be adopted by such an employer. The Committee asks the Government to step up its efforts to prevent and address sexual harassment in employment and occupation in both the public and the private sectors, including through awareness-raising campaigns, and to provide examples of measures, policies and committees put in place by employers with more than 25 employees. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition to “intimidation” towards “colleagues”, the Committee once again asks the Government to clarify whether a complaint can be made under the Regulations of sexual harassment by co-workers, and the procedure that would be followed. The Committee also asks the Government to provide information on the implementation of the Code of Conduct and Ethics in the Public Service, including the sanctions applied, and on the results of inspections carried out specifically regarding sexual harassment.

Ethnic minorities. The Committee notes from the EOC Annual Report that, according to the Uganda National Housing and Population Census 2014, conducted by the Uganda Bureau of Statistics, there are 75 ethnic groups in the country that make a total population of 34,142,417 (male: 16,595,014; female: 17,547,403); 25 of these groups are small, with fewer than 47,700 members each, and represent collectively 1.4 per cent of the total population. The Committee recalls that the National Land Policy of 2013 requires the enactment of legislation ensuring that pastoralist communities are guaranteed access to land. The Committee further recalls that, in order to address non-wage work covered by the Convention, including traditional activities, ensuring access to the material goods and services required to carry out an occupation, such as land, credit and resources, should be part of the objectives of a national policy on equality in respect of employment and occupation. In this regard, the Committee notes that, in its concluding observations, the CESC also expressed concern that many indigenous peoples, including the Benet, Batwa and Pastoralist communities, are denied access to their ancestral lands and are prevented from preserving their traditional way of living (paragraph 13). The Committee asks the Government to take the relevant legislative or administrative measures to implement the National Land Policy of 2013 in order to address in practice access to the necessary resources for hunter–gatherer and pastoralist communities, and particularly land, that are required to carry out their occupations. In addition, the Committee asks the Government to provide information on any steps taken to ensure equal opportunities and treatment for ethnic minorities in employment and occupation, including awareness-raising measures and measures to address stereotypes.

Article 1(1)(b). Persons with disabilities. The Committee recalls the National Policy on Disability (2006) and the Employment Act, 2006, under which discrimination on the basis of disability is unlawful. The Committee notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern at the few opportunities open for employment for persons with disabilities, in particular young men and women with disabilities, as well as the dismissal of persons who acquire an impairment in the course of their employment. The CRPD is also concerned at the lack of provisions to ensure that persons with disabilities receive equal pay for work of equal value (CRPD/C/UGA/CO/1, 12 May 2016, paragraph 52). With reference to its comments under the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Committee asks the Government to provide information on the steps taken to combat discrimination based on disability and to promote equal opportunities and treatment for persons with disabilities in employment and occupation under the National Policy on Disability, or otherwise.

Real or perceived HIV status. With respect to measures addressing discrimination on the basis of real or perceived HIV status, the Committee welcomes the Government’s indications in March 2016 that draft Employment (HIV/AIDS) Regulations were prepared and submitted to the Solicitor General for legal input. The Committee asks the Government to provide information on the content and status of the draft Employment (HIV/AIDS) Regulations, in particular with respect to the provisions protecting workers against discrimination based on HIV/AIDS. Recalling the HIV and AIDS Recommendation, 2010 (No. 200), the Committee also invites the Government to implement awareness-raising measures at the national and local levels or at the level of the workplace to prevent discrimination and stigma in employment and occupation against persons living with HIV or AIDS.

Articles 2 and 3. Promotion of equality and non-discrimination. Equality policy. The Committee notes that the Government merely indicates that it has designed the public service application form in such a way that it excludes all forms of discrimination since it only calls for individual biodata and the relevant qualifications of the applicant. The Committee recalls that the Convention requires ratifying States to declare and pursue a national equality policy, leaving flexibility regarding the adoption of the most appropriate policy. However, the objectives to be pursued cannot be compromised. Therefore, the implementation of a national equality policy presupposes the adoption of a range of specific measures, which often consist of a combination of legislative and administrative measures, collective agreements, public policies, affirmative action measures, dispute resolution and enforcement mechanisms, specialized bodies, practical programmes and awareness raising. In addition, the equality policy must be adjusted periodically to take into account newly emerging forms of discrimination for which solutions must be found (see General Survey on the fundamental Conventions, 2012, paragraphs 734–735 and 841–849). Recalling that under section 6(3) of the Employment Act, 2006, discrimination based on race, colour … religion, political opinion, national extraction, social origin, HIV status or disability is unlawful, the Committee asks the Government to take all the necessary measures to formulate and implement a national equality policy designed to address discrimination on the basis of all the grounds covered by the Convention and the additional grounds under the Employment Act, 2006, and to promote equality among workers, employers and their respective organizations, and the public in general.

Gender equality policy. The Committee notes that the Employment Policy of 2011 provides for: the promotion of equality of opportunity for men and women in order to address disparities in access to employment and working conditions; and the implementation of the provisions contained in the Gender Policy of 2007 on education and training, recruitment and promotion in employment for both women and men in all sectors. The Committee asks the Government to provide information on the specific steps taken, including under the Employment Policy of 2011 and the Gender Policy of 2007, to eliminate discrimination and promote equality of opportunities for men and women in employment and occupation, and on the impact of such measures.

Equality bodies. The Equal Opportunities Commission (EOC). The Committee notes from the Report of the EOC for 2015–16 that it carried out the following activities: the registration of 320 complaints regarding inequality, of which 52 were in relation to employment; the assessment of 135 Ministerial Policy statements; the development and dissemination of materials to improve understanding of equal opportunities for all and to promote affirmative action to redress imbalances; the organization of a regional awareness-raising workshop for civil society organizations, traditional leaders and religious leaders; the official launching of a toll-free helpline; and the conducting of several awareness campaigns on equal opportunities, discrimination, affirmative action and the general mandate of the EOC. Welcoming this information, the Committee asks the Government to provide specific information on the steps taken to ensure that the EOC continues to carry out its mandate with respect to equal opportunities in employment and occupation, both in terms of staffing and funding. The Committee also asks the Government to provide information on any follow-up to the general recommendations of the EOC contained in its report, such as improving statistical information related to equal opportunities, marginalization and discrimination, building knowledge about the needs and rights of marginalized groups, mainstreaming the concerns of gender and equity in plans and budgets, and educating the population on the rights and dignity of all persons, and specifically on the rights of vulnerable and marginalized groups.

Repetition

Article 1(1) of the Convention. Protection against discrimination. The Committee previously noted that it remained unclear whether section 6(3) of the Employment Act covers indirect discrimination. The Committee recalls that indirect discrimination refers to situations in which the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion. Recalling the Government’s acknowledgement that discrimination based on race, religion, disability and political affiliation occurs in the public and private sectors, the Committee notes the Government’s indication that a mapping has been undertaken of minority groups with a view to developing tailored programmes to eliminate discrimination. The Committee again asks the Government to indicate how protection against indirect discrimination is ensured in practice, and to provide information on the practical application of section 6(3) of the Employment Act, and sections 12 to 16 of the Persons with Disabilities Act, 2006, including the number and nature of complaints or cases, and the results thereof. The Committee also asks the Government to provide information on the results of the mapping of minority groups and any programmes developed as a result, as well as on any further measures taken to assess the nature and extent of discrimination in practice, and to address the discriminatory practices identified.

Article 1(3). Access to particular occupations. The Committee recalls the difficulties regarding access to traditional occupations faced by some hunter-gatherer and pastoralist communities as a consequence of loss of access to traditional lands. It recalls further the concerns raised regarding inequality in women’s access to land as a result of discriminatory traditions and customs, which can affect women’s capacity to engage in economic activities. The Government indicates that a consultative process is on-going with all stakeholders on the draft National Land Policy, and that the Equal Opportunities Commission (EOC) is advocating for women’s, and hunter-gatherer and pastoralist communities’ access to land in the context of the consultative process. The Committee asks the Government to take the opportunity of the land policy reform process to address the issue of access to necessary resources, including land, required to carry out an occupation, in particular for women, and hunter-gatherer and pastoralist communities, and to provide information on progress made in this respect. Please also provide information on the measures taken by the Equal Opportunities Commission to promote access to particular occupations, including traditional occupations.

Articles 2 and 3. Promotion of equality and non-discrimination. Recalling its previous comments regarding policies to promote equality of opportunity in employment, the Committee notes the Government’s indication that the principle of the Convention is reflected in the “vision, mission, goal, and principles” of the National Employment Policy. The Government also states that it will continue to promote equality of opportunity through gender-responsive planning, monitoring and evaluation, as well as through gender-oriented research and awareness-raising activities. The Committee also notes the reference to draft guidelines that have been developed to raise awareness of the principle of non-discrimination in recruitment and selection among public employment services. The Committee asks the Government to continue to provide information on the specific measures taken, including under the Employment Policy, as well as the National Gender Policy, to eliminate discrimination and promote equality of opportunities in employment and occupation, and on the impact of such measures. Please indicate any specific measures taken to ensure that women have access to a wider range of educational, training, and employment opportunities, including in areas traditionally dominated by men. Further to its previous comments, the Committee asks the Government to provide information on the specific measures taken by the Labour Advisory Board to prevent and address direct and indirect discrimination in all aspects of employment and on all the grounds enumerated in the Convention. Please also provide a copy of the 2012 National Employment Policy, as well as of the guidelines for the public employment services.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes the Government’s indication that specific training is needed for labour inspectors and other officials involved in monitoring and enforcement on the principle of equality of opportunity and treatment in employment and occupation. The Government states further that labour inspectors need guidance in particular on how to deal with sexual harassment cases, including issues of confidentiality. The Committee asks the Government to provide information on the steps taken to provide training for labour inspectors and other officials involved in monitoring and enforcement, on the principle of the Convention, including sexual harassment, and encourages the Government to request ILO technical assistance in this regard. Please continue to provide information on the nature and number of cases regarding discrimination, including sexual harassment, recorded by the Directorate of Gender, as well as any cases or complaints addressed by the courts or the labour inspectors, and the results thereof. Noting that the Employment (Sexual Harassment) Regulations, 2012, make specific reference in the definition of “intimidation” to “colleagues”, the Committee asks the Government to clarify whether a complaint can now be made under the Regulations for sexual harassment by co-workers, and the procedure that would be followed.

Part V. Statistics. Noting the Government’s indication that statistical information will be provided, the Committee recalls the importance of such data in determining the nature, extent and causes of discrimination, as well as in designing appropriate responses, and monitoring and evaluating the impact of such measures (General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee asks the Government to provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the public and private sectors, disaggregated, as far as possible, by colour and national extraction. Please also provide specific information on the number of men and women respectively benefiting from vocational training through the Business Technical and Vocational Education and Training Programme (BTVET), and how such training has translated into employment opportunities.

Repetition

Sexual harassment. The Committee notes with interest the adoption of the Employment (Sexual Harassment) Regulations, 2012, pursuant to sections 7 and 97(1) of the Employment Act, 2006 (the Act). The Regulations supplement the provisions on sexual harassment set out in section 7 of the Act, providing clear indications of what would constitute sexual harassment and intimidation, setting out what is to be included in a sexual harassment policy, detailing the composition and functioning of enterprise sexual harassment committees, and providing that sexual harassment is to be included in collective agreements. It also provides clear provisions prohibiting retaliation or discrimination against those filing a complaint as well as against witnesses or others cooperating in an investigation. The Government indicates that various activities have been undertaken to disseminate the new instrument and that further awareness-raising initiatives will be implemented by local governments. The Committee asks the Government to continue to provide information on the implementation of section 7 of the Employment Act, and of the Employment (Sexual Harassment) Regulations, and on the specific measures taken, including by workers’ and employers’ organizations, to prevent and address sexual harassment in employment and occupation in practice.

HIV and AIDS. The Committee notes the adoption of the National HIV/AIDS Policy, 2011, and the National Policy on HIV/AIDS and the World of Work, 2007, the implementation of which were recently the subject of specific training provided to judges and legal professionals. The Committee notes in particular that the National HIV/AIDS Policy stresses the importance of workplace policies in the public and private sectors, and formal and informal economies, and that all forms of discrimination against people living with HIV will be identified and addressed through appropriate policies and programmes. The Committee notes further that the policy focussing specifically on the world of work prohibits employment-related discrimination or abuse on the basis of real or perceived HIV status, and provides for protection against stigma and discrimination, which is to be addressed in education and information activities. Mandatory HIV testing is also prohibited and all HIV-related information is to be kept confidential. The Committee asks the Government to continue to provide information on the measures taken to implement the policies on HIV/AIDS, as well as on the impact of such measures on addressing discrimination in employment and occupation based on real or perceived HIV status. Noting the reference in the National HIV/AIDS Policy to the development of specific legislation on HIV/AIDS, the Committee draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), and asks the Government to provide information on the status of the development of the law.

Repetition

Article 1(1)(a) and (b), of the Convention. Prohibition of discrimination. The Committee notes that section 6 of the Employment Act addresses discrimination in employment. Section 6(2) of the Act prohibits such discrimination on the basis of all the grounds listed in Article 1(1)(a) of the Convention, and the additional grounds of HIV status and disability. However, it is unclear whether section 6(3) covers indirect discrimination (i.e. discrimination that occurs when the same treatment is extended to everyone but such treatment has a disproportionately negative impact on specific groups or individual protected by the Convention, and there is no objective and reasonable justification). Further, the Committee notes that section 12(1) of the Persons with Disabilities Act provides that a qualified person shall not be discriminated against on the ground of disability in regard to any job-application procedures, hiring, promotion, employee compensation, job training and other terms, conditions and privileges of employment. The Committee requests the Government to provide information on the implementation of the above non discrimination provisions, including information on any relevant cases brought to the attention of the competent authorities, and the final decisions handed down. Recalling that the Convention requires the adoption of measures to address both direct and indirect forms of discrimination, the Committee requests the Government to indicate how protection from indirect discrimination is ensured.

As regards the Convention’s application in practice, the Committee notes the Government’s indication that certain discriminatory practices exist in the private sector, where sometimes private companies’ managers are paid “on racial grounds” and employees are discriminated against on the basis of their disability. The Government also refers to administrative practices concerning recruitment in the service sector which are discriminatory in respect of religion and to some cases of discrimination on the basis of political affiliation. The Committee notes the Government’s statement that, in order to assess the practical situation in the country, more research is needed. The Committee also notes that, in the view of workers’ organizations, as reflected in the Government’s report, discriminatory practices exist in the country, although documented evidence is lacking. Welcoming the attention paid to discrimination that exists in practice, the Committee encourages the Government, in cooperation with the workers’ and employer’ organizations, to further study and document discriminatory practices in employment and occupation and to provide such information in its next report, as well as information on the measures taken to address the discriminatory practices identified and the progress made in this regard.

Sexual harassment. The Committee notes that the definition of “sexual harassment” provided for in section 7 of the Employment Act does not cover harassment by co-workers. It notes that section 7(2) contemplates the possibility of victims lodging a complaint with a labour officer and that section 7(4) calls upon every employer with more than 25 employees to put in place measures to prevent sexual harassment at the workplace. Recalling its 2002 general observation on the issue, the Committee requests the Government to clarify whether section 7 of the Employment Act covers sexual harassment by co workers. More generally, please provide information on the implementation of section 7, including information on the nature and number of cases of sexual harassment brought to the attention of labour officers, the sanctions imposed and the remedies provided, as well as on the progress made in the adoption and implementation of workplace measures as provided for in section 7(4).

Article 1(3). Equality in respect of all stages of the employment process. The Committee recalls that the Convention requires measures to promote and ensure equality of opportunity and treatment in respect of all stages and aspects of the employment process. The Committee requests the Government to clarify whether section 6 of the Employment Act prohibits discrimination in respect of recruitment and selection.

Access to particular occupations. The Committee notes that the majority of Uganda’s population is engaged in agriculture and that, according to the statistical information provided by the Government under the Equal Remuneration Convention, 1951 (No. 100), approximately 79 per cent of women and 61 per cent of men work in this sector. The Committee notes that significant gender inequities, however, exist in respect of ownership and control of land as a result of discriminatory traditions and customs which can affect women’s capacity to engage in economic activities (Study on “Key Gender, Poverty and Employment Dimensions of Agricultural and Rural Development in Uganda: A case study of Bushenyi and Mpigi Districts”, page 7). The Committee also notes that difficulties regarding access to traditional occupations are reportedly faced by some hunter-gatherers’ and pastoralists’ communities as a consequence of the loss of access to their traditional lands (Report of the African Commission’s Working Group on Indigenous Populations – Communities in Africa, 2003, page 16 ff.). The Committee notes that, in its report to the African Commission, the Government refers to a Land Bill (page 19) and a draft National Land Policy which could represent useful tools to address the current inequities. Recalling that under the Convention equality of opportunity and treatment must be promoted and ensured not only in respect of employment but also with regard to access to particular occupations, the Committee requests the Government to indicate the measures taken or envisaged to eliminate directly or indirectly discriminatory practices in the access to occupation affecting, inter alia, women and hunter-gatherers’ and pastoralists’ communities. Noting that a Land Bill and a draft National Land Policy are currently under consideration, the Committee expresses the hope that the Government will take this opportunity to address the situation of these disadvantaged groups.

Article 2. Promotion of equality of opportunity and treatment in employment and occupation. The Committee notes that, pursuant to section 6(1) of the Employment Act, all parties, including the Minister, labour officers and the Industrial Court, have a duty to promote equality of opportunity in employment with a view to eliminating discrimination. The same principle is established in section 6(2) in respect of migrant workers and members of their families who are lawfully within Ugandan territory. A number of policies exist which aim to promote equality of opportunity and treatment in general. In particular, the Committee notes that the 2006 National Equal Opportunities Policy promotes equality of opportunities for all persons irrespective of gender, age, physical ability, health status or geographical location in all spheres of social, economic, political and civil life. The Uganda Gender Policy and the National Policy on HIV/AIDS and the World of Work were adopted in 2007. The Committee also notes that a draft National Employment Policy is being finalized. The Committee requests the Government to provide information on the measures taken by the authorities concerned to promote equality of opportunity in accordance with sections 6(1) and (2) of the Employment Act; and the measures taken under the policies referred to above to eliminate discrimination and promote equality of opportunities and treatment in employment and occupation and on their impact.

The Committee notes that, pursuant to section 14(2) of the Equal Opportunities Commission Act, the Equal Opportunities Commission is empowered to examine any law, draft law, policy, culture, tradition, usage, custom or plan which is likely to have the effect of nullifying or impairing equal opportunities of persons in employment. According to paragraph 3 of the same section, the Commission “may rectify, settle or remedy any act, omission, circumstance, practice, tradition, culture, usage or custom that is found to constitute discrimination, marginalization or which otherwise undermines equal opportunities through mediation, conciliation, negotiation, settlement or other dispute resolution mechanism”. The Committee requests the Government to indicate the steps taken in practice by the Equal Opportunities Commission with a view to repealing any provisions or modifying any discriminatory practice, tradition or custom contrary to the Convention, including as regards customs and traditions affecting equality of opportunity and treatment of men and women.

Article 3(a). Cooperation with the social partners. The Committee notes that the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act, is comprised of public officers and representatives of employers and workers. The Committee requests the Government to indicate whether any initiatives have been taken by the Labour Advisory Board with a view to fostering the acceptance and the observance of the principle of equality of opportunity and treatment in employment and occupation.

Article 3(b). Measures to foster acceptance and observance of the principle of the Convention. The Committee notes that, under article 52 of the Constitution, the Human Rights Commission is charged with establishing a continuing programme of research, education and information to enhance respect of human rights. The Committee also notes that section 14(2) of the Equal Opportunities Commission Act of 2007 enables the Equal Opportunities Commission to develop, conduct and manage information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee requests the Government to provide information on the educational programmes and awareness-raising initiatives carried out by the Human Rights Commission and the Equal Opportunities Commission which are relevant to the application and promotion of the principle of the Convention. The Committee also requests the Government to indicate whether specific training on equality of opportunity and treatment in employment and occupation is being offered to judges, labour inspectors and other public officials who have to deal these matters, as well as workers’ and employers’ representatives.

Article 3(d). Public sector. The Committee notes the Government’s indication that employment under the direct control of a national authority is governed by the Public Service Standing Orders and the Public Service Commission Act and Regulations. The Committee requests the Government to supply a copy of these orders and regulations.

Article 3(e). Vocational guidance and training. The Committee notes the Business Technical Vocational Education and Training Programme (BTVET) for vocational skills and development. The Committee also notes the Government’s indication that the mandate of the Equal Opportunities Commission covers vocational training and occupational guidance. The Committee further notes the Government’s reference to a draft deployment policy for the public sector. The Committee requests the Government to provide information on the following:

• (i) the manner in which the principle of equality of opportunity and treatment is reflected in the BTVET;
• (ii) the measures taken by the Equal Opportunities Commission to promote equal opportunities in respect of access to vocational training; and
• (iii) the extent to which the principle of the Convention is reflected in the draft employment policy.

Part III of the report form. The Committee notes that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, the Ministry of Education and Sports, the local governments, the Human Rights Commission, the Industrial Court and the Equal Opportunities Commission. The Committee also notes that article 52 of the Constitution enumerates, among the functions of the Human Rights Commission, the monitoring of the Government’s compliance with international obligations on human rights and it lays down that the Commission shall publish periodic reports on its findings. The Committee also notes the comments of the workers’ organizations indicating that the Industrial Courts and the Equal Opportunities Commission are not operational. The Committee requests the Government to provide information on the functioning and activities of the Human Rights Commission, the Equal Opportunities Commission and the Industrial Court in so far as they concern the application of the Convention, including information on any complaints received, and decisions issued and remedies provided.

Parts IV and V of the report form. The Committee requests the Government to provide statistical information on the distribution of men and women in the various sectors, positions and occupations, both in the private and public sectors, disaggregated, as far as possible, by colour and national extraction. Please also provide any other information, including studies and official reports, which could help the Committee to gain a general appreciation of the application of the Convention in practice.