Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

Articles 1(1) and 2(1) of the Convention

1. Abolition of slave-like practices. The Committee previously referred to the alleged activities of the Lords Resistance Army (LRA) abducting children of both sexes and forcing them to provide work and services as guards, soldiers and concubines, these alleged activities being associated with killings, beatings and rape of these children.

According to the Government’s indications in its report received in November 2000, abductions were taking place in the northern region of the country, the most affected locations being the districts of Lira, Kitgum, Gulu and Apac. The Committee noted that, according to the UNICEF report of 1998, over 14,000 children had been abducted from districts in the northern Uganda. The Government stated that this large scale of abductions had been one of the most tragic aspects of the northern region conflict, forcing the vulnerable and innocent to become a part of the conflict, either as child soldiers, human shields and hostages or victims of sexual exploitation. The Government indicated that the age group between 10 and 15 years formed the biggest percentage of abducted children, and boys between 8 and 15 years of age were the most targeted.

The Committee previously noted the positive measures taken by the Government to prevent such practices, which included sensitization of communities, political and military authorities in the armed conflict areas about proper handling of the children; sensitization on peaceful conflict resolution and ensuring the rights of the child; setting up of disaster management committees in all districts of insurgencies; and sensitization on issues of disaster preparedness and safety issues. The Government indicated that abducted children who had been retrieved were kept in children centres where counselling services were provided and measures were taken for their reunification with their families and return to primary education; children were rehabilitated and equipped with vocational skills which enabled them to be reintegrated into society.

In its latest report, the Government indicates that it has ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, 2002. It also indicates that a thematic study has been concluded on child labour and armed conflict in the districts of Gulu, Masindi, Lira and Bundibugyo; its findings will be used to design action programmes or strategies to address the problem of abduction as a worst form of child labour. The Government also intends to be involved, through the collaboration with ILO/IPEC, in the Great Lakes regional programme on child labour and armed conflict.

While noting this information, the Committee is bound to observe once again that the continuing existence and scope of the practices of abductions and the exaction of forced labour constitute gross violations of the Convention, since the victims are forced to perform labour for which they have not offered themselves voluntarily, under extremely harsh conditions combined with ill treatment which may include torture and death, as well as sexual exploitation. The Committee therefore requests the Government to take urgent action in order to eliminate these practices and to ensure that, in accordance with Article 25 of the Convention, penal sanctions are imposed on persons convicted of having exacted forced labour.

2. In comments made for a number of years, the Committee has noted that, under section 2(1) of the Community Farm Settlement Decree, 1975, any unemployed able-bodied person may be settled on any farm settlement and required to render service; and that section 15 of the Decree makes it an offence punishable with a fine and imprisonment for any person to fail or refuse to live on any farm settlement or to desert or leave such settlement without authorization. The Committee noted the Government’s indication that the abovementioned Decree had to be repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission, which was intended to be completed in 2001. The Committee trusts that the Decree will be repealed in the near future and requests the Government to supply a repealing text, as soon as it is adopted.

3. The Committee previously noted that under section 33 of the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, the Board may permit officers to resign their commission at any stage during their service. The Committee noted the Government’s indication that the 1969 Regulations had been replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations No. 6 of 1993, and that section 28(1) of these Regulations contains a provision similar to that of section 33 of the 1969 Regulations referred to above. The Government indicated that the officer applying for the resignation must give his/her reasons for it, and the Board will consider these reasons and, if it finds them fit, will grant permission to resign. Referring to the explanations given in paragraphs 67-73 of its General Survey of 1979 on the abolition of forced labour, the Committee points out that career military servicemen who have voluntarily entered into an engagement cannot be deprived of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice, subject to the conditions which may normally be required to ensure the continuity of the service. The Committee therefore hopes that the necessary measures will be taken with a view to amending section 28(1) of Regulation No. 6 of 1993 so as to bring it into conformity with the Convention. Pending such amendment, the Committee requests the Government to provide information on the application of section 28(1) in practice, indicating in particular the criteria applied by the Board in accepting or rejecting a resignation, and to supply a copy of a complete text of these Regulations.

4. The Committee previously noted that by virtue of the provisions of section 5(2)(a) and (b) of the Armed Forces (Conditions of Service) (Men) Regulations, 1969, the term of service of persons enrolled below the apparent age of 18 years might extend until they are 30 years old. The Committee noted with interest the Government’s indication that this provision had been repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993, section 5(4), under which a person below 18 years or above 30 years shall not be employed in the Ugandan army. The Committee would appreciate it if the Government would supply a copy of these Regulations with its next report.

Article 2(2)(c). The Committee has noted the information concerning employment of prisoners provided by the Government. It requests the Government to supply, with its next report, a copy of the provisions of the Prisons Act (Cap. 313) governing this issue.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to supply full particulars to the Conference at its 95th Session.]