Effect given to the recommendations of the committee and the Governing Body - Report No 340, March 2006

Effect given to the recommendations of the Committee and the Governing Body

1. 153. The Committee last examined this case at its March 2005 session [see 336th Report, paras. 90-95] where it pointed out that more than six years had elapsed since the filing of this complaint, which concerns the refusal by several companies to recognize the Uganda Textiles, Garments, Leather and Allied Workers’ Union (UTGLAWU) as the most representative, if not the sole, organization of workers in the textiles sector in Uganda. In this connection, the Committee: (a) noted with regret that the Government had merely stated that the provisions of the Trade Unions Act which were meant to remedy situations of refusal to recognize a representative union “were not applied in practice”, and stressed that the major responsibility for having such legislation applied in practice rested with the Government. Noting further that the matter of the recognition of the UTGLAWU at the Southern Range Nyanza Ltd. was pending before the Industrial Court, the Committee trusted that the latter would hand down a decision in the very near future, in view of the inordinate delays already incurred, and requested the Government to provide it as soon as possible with a copy of the said judgement; (b) noting that the Bills amending some provisions of the Trade Unions Decree that were inconsistent with freedom of association principles would be submitted to Cabinet for consideration and adoption, after clearance by the Ministry of Finance, the Committee trusted that these Bills would be adopted in the very near future and requested the Government to provide it with a copy as soon as they were adopted; (c) the Committee noted that the Government had not yet provided any information on the legal proceedings filed by the UTGLAWU against a number of companies (Vitafoam Ltd.; Leather Industries of Uganda; Kimkoa Industry Ltd.; Tuf Foam (Uganda) Ltd.; and Marine and Agro Export Processing Co. Ltd.) in order to obtain recognition for collective bargaining purposes, and urged once again the Government to provide without delay information on these legal proceedings.
2. 154. In a communication dated 30 August 2005, the Government emphasized its commitment to the respect and promotion of fundamental principles and rights of workers as demonstrated by the ratification of Convention No. 87, which had taken place on 2 June 2005. The Government added that it had taken the following steps to ensure that workers’ trade union rights were respected: (1) on the directive of the Prime Minister, the Minister of State for Labour and Industrial Relations held meetings with the employers in the textiles and garments sector in March 2005 in order to discuss with them the issue of unionization of workers in the country and seek their perspective on their failure to recognize trade unions; (2) the management of Southern Range Nyanza Ltd. was requested in writing by the Minister of State for Labour and Industrial Relations to show cause why they were not recognizing the trade union and were given 28 days within which to respond; (3) after having received an unsatisfactory reply to the letter, the Minister of State for Labour and Industrial Relations ordered Southern Range Nyanza Ltd. to recognize the UTGLAWU in accordance with section 17(2) and (3) respectively, of the Trade Unions Act, 2000, Cap. 228 of the laws of Uganda, on 12 August 2005. Furthermore, pursuant to a meeting between the Minister of State for Labour and Industrial Relations and the President of Uganda on 22 August 2005, the President directed that the labour law Bills (including the labour unions Bill) be tabled in Parliament in the month of September 2005. The Bills were at the time of communication under active consideration in Parliament.
3. 155. The Committee takes note with interest of the steps taken by the Government in order to obtain the recognition of the UTGLAWU by Southern Range Nyanza Ltd., in particular, the issuing of an order for the recognition of this trade union under section 17(2) and (3) of the Trade Unions Act. The Committee expects that the Government will spare no effort until the recognition of UTGLAWU by Southern Range Nyanza Ltd. has been effectively obtained and requests the Government to keep it informed in this respect. The Committee further requests once again the Government to provide information on the proceedings pending before the Industrial Court on this case, as well as a copy of the judgement as soon as it is handed down.
4. 156. With regard to the legislative reform process, noting with interest the recent ratification of Convention No. 87 and the introduction of the relevant Bills in Parliament, the Committee hopes that the legislative reform will be concluded without further delay and requests the Government to keep it informed of the progress made in this respect.
5. 157. Lastly, the Committee notes with regret that the Government still has not provided any information on the legal proceedings filed by the UTGLAWU against a number of companies (Vitafoam Ltd.; Leather Industries of Uganda; Kimkoa Industry Ltd.; Tuf Foam (Uganda) Ltd.; and Marine and Agro Export Processing Co. Ltd.) in order to obtain recognition for collective bargaining purposes. The Committee urges once again the Government to provide without delay information on these legal proceedings.