Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s first report. It requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes that certain aspects of the prohibition of the trafficking of children contemplated under the Convention are covered in section 131 of the Penal Code. Section 131 prohibits anyone from procuring a woman or girl to leave Uganda for the purposes of prostitution. The Committee considers that trafficking of children under Article 3(a) includes the recruitment, transportation, harbouring or receipt of a child under 18 years, by means of force, deception, influence or reward to acquire control of the child for the purpose of sexual or economic exploitation. The Committee notes that, under the Penal Code, boys under 18 years of age are not protected from sale and trafficking. The Committee reminds the Government that, by virtue of Article 3(a), the sale and trafficking of children constitutes one of the worst forms of child labour and is therefore prohibited for both boys and girls below 18 years of age. The Committee notes that section 131 of the Penal Code does not provide a comprehensive prohibition of trafficking contemplated under Article 3(a). However, during 2006, a member of Parliament drafted a comprehensive anti-trafficking law. The Committee accordingly asks the Government to indicate whether this anti-trafficking law prohibits the sale and trafficking of both boys and girls under 18 years of age. It also requests the Government to keep it informed on any progress made in the adoption of this comprehensive anti-trafficking law.

Clause (b). 1. Use, procuring or offering a child for prostitution. The Committee notes that section 131 of the Penal Code states that anyone who procures any woman or girl to become a prostitute commits an offence. Sections 136 and 137 respectively punish anyone who lives on earnings of prostitution and anyone who keeps brothels. The Committee observes that only the procuring and offering of women and girls for prostitution appear to be prohibited in the Penal Code. It also observes that, by virtue of section 139 of the Penal Code, anyone who practices or engages in prostitution as well as intermediaries involved in prostitution commit an offence, while clients do not appear to be penalized. The Committee requests the Government to take the necessary measures to ensure that the procuring or offering of boys under 18 years for prostitution is prohibited. It also requests the Government to provide information on the measures adopted to criminalize clients who use boys and girls under 18 years of age for prostitution, and to establish penalties for this purpose. The Committee finally encourages the Government to take the necessary measures to ensure that boys and girls under 18 who are used, procured or offered for prostitution are treated as victims rather than offenders.

2. Use, procuring or offering a child for the production of pornography or for pornographic purposes. The Committee notes that no information is contained in the Government’s report on this point. It also notes that section 166 of the Penal Code punishes anyone who, for the purposes of distribution, makes, produces, imports, exports, takes part in any business related to, advertises, any obscene writings, drawings, prints, paintings, photographs, cinematographic films or any other obscene objects. The Committee observes that there do not appear to be any provisions in the relevant legislation specifically addressing the use, procuring or offering of a child under 18 years for the production of pornography or pornographic performances. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of both boys and girls under 18 years of age, by anyone, for the production of pornography or for pornographic performances is prohibited, as well as applicable penalties.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the Government provides no information on this point. It requests the Government to indicate whether a legal provision exists which prohibits the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d). Hazardous work. The Committee notes the Government’s information that section 8 of the Children’s Act of 2000 states that children (under 18 years) shall not be employed or engaged in any activity that may be harmful to their health, education or mental, physical, or moral development. The Committee also notes that section 32(4) of the Employment Act of 2006 states that a child may not be employed in any employment or work which is injurious to their health, dangerous or hazardous or otherwise unsuitable and an employer shall not continue to employ a child after being notified in writing by a labour officer that the employment or work is injurious to health, dangerous, or otherwise unsuitable for that child.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that the relevant legislation does not seem to contain a list of the types of hazardous work prohibited to children under 18 years. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee requests the Government to take the necessary measures to ensure that a list determining the types of hazardous work that may not be performed by children under 18 years of age will be adopted shortly, in consultation with the organizations of employers and workers concerned. It also asks the Government to inform it of any progress made in this regard.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s information that the designated labour inspectors/officers carry out inspections in workplaces. The Committee notes that sections 10–14 of the Employment Act of 2006 establish the inspection competencies of the labour officers. Section 32(6) of the Employment Act of 2006 states that any person, including a labour union or employer’s association may complain to a labour officer if he or she believes that a child is being employed in breach of the prohibition on hazardous work contained in section 32(4) of the same Act. The Committee requests the Government to provide extracts of the inspections reports specifying the extent and nature of violations detected involving children under 18 years performing hazardous work.

2. Monitoring mechanisms to combat the trafficking of children. The Committee notes the Government’s information that there is need for training and awareness raising of public officials, such as labour inspectors, the police, the immigration service, the judiciary services, as well as employers and workers, in combating the trafficking of children. The Committee requests the Government to provide information on the measures taken to this end and their impact on the elimination of the worst forms of child labour.

3. Child Labour Unit and the National Steering Committee on Child Labour. The Committee notes the Government’s information that a Child Labour Unit has been set up within the Department of Labour and Industrial Relations. The Unit has prepared, among others, a draft child labour policy. The Committee also notes the Government’s information that the National Steering Committee on Child Labour and child labour committees at the district/community levels serve as monitoring mechanisms. The Committee requests the Government to provide further information on the activities of the Child Labour Unit and the National Steering Committee on Child Labour and their impact on the elimination of the worst forms of child labour.

Article 6. Programmes of action. National Plan of Action to Eliminate Child Labour and the National Child Labour Policy. The Committee notes the Government’s information that, in November 1998, it signed a Memorandum of Understanding (MOU) with ILO/IPEC. Consequently, a National Programme of Action to Eliminate Child Labour in Uganda was launched in 1999 lasting until 2004. The general objective of the programme was to contribute to the progressive elimination of exploitative child labour in Uganda, starting with its worst forms. More specifically, the Programme was aimed at: (a) progressively eliminating exploitative child labour focusing on prevention, withdrawal, rehabilitation and offering alternatives to working children; (b) developing a National Policy on Child Labour and a Plan of Action on Child Labour; (c) implementing pilot projects for improving the situation of ex-child workers and changing attitudes about child labour among the public. The worst forms of child labour targeted by the NPA include: work in commercial agriculture, namely sugar and tea plantations, tobacco and rice farms; domestic work; commercial sex; fishing, stone quarries, construction and other related dangerous activities. The Committee notes the Government’s information that employers’ and workers’ organizations were consulted and their views were taken into consideration. It notes with interest the Government’s information that, in implementing the NPA, about 3,000 children involved in the worst forms of child labour, such as domestic work, street work, prostitution, commercial farming, work in the informal sector and armed conflict, were withdrawn from those worst forms of child labour. The Committee notes the Government’s information that, in implementing the NPA, a draft National Child Labour Policy and a National Plan of Action on Child Labour have been developed. The Committee requests the Government to provide further information on the implementation of the National Plan of Action on Child Labour and its impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Penal Code provides for sufficiently dissuasive and effective penalties of imprisonment for anyone who commits the following offences: trafficking of girls for the purpose of sexual exploitation (section 131); procuring prostitution (section 131). The Committee also notes the penalties of imprisonment or fines provided by section 96 of the Employment Act of 2006 for the violation of the prohibition on employing a child in hazardous work contained in section 32(4) of the same Act.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. Ensuring access to free basic education. The Committee notes the Government’s information that it recognizes basic education as both a human right and important investment in the future productive capacity of the economy. In 1997, universal primary education (UPE) was declared, which provides access to free basic education to children. The UPE goal was the achievement of universal primary education by 2003. As a result of the UPE, the primary school pupil population increased from 2.6 million in 1996 to 4.8 million and it is at present at more than 6.8 million children. However, although significant progress has been made in achieving education for all, especially primary enrolment, the rates of children staying in school are still low. The Committee also notes the Government’s information that not all children currently have access to primary and secondary education. The categories that have difficulties in gaining access to education include: street children, children from semi-nomadic populations, physically and mentally challenged children, juvenile offenders, children from geographically marginalized populations, domestic workers, working children, orphans, girls, children affected by armed conflict as refugees, internally displaced and abducted children. According to the UPE policy, the priority must be given to children with special needs.

The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It requests the Government to continue its efforts to ensure free basic education and to keep children in school. It also requests the Government to continue providing information on the measures adopted to improve access to free basic education of those categories of children who have been identified by the Government as having difficulties in gaining access to such education. It finally asks the Government to continue supplying data on the enrolment and drop-out rates in school disaggregated by sex.

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

2. Hazardous child labour in the agricultural sector (sugar, tea, coffee, tobacco and rice sectors). The Committee notes the Government’s information that a number of action programmes were undertaken by different stakeholders under the National Programme of Action to Eliminate Child Labour to address the worst forms of child labour in commercial agriculture, namely work in sugar and tea plantations, tobacco and rice farms. The Committee notes that the following programmes were adopted targeting children working in the agricultural sector: “Survey on the prevention, withdrawal and rehabilitation of children engaged in hazardous work in commercial agriculture in Uganda” (May 2002); “Combating hazardous child labour in commercial agriculture in Ngogwe and SSI Mukono District” (March 2003); “Uganda: Workers effort to eliminate child labour in the sugar and tea sectors” (March 2003); “Uganda: Elimination of child labour in coffee growing areas in Mbale District” (March 2003); “Uganda: Eliminating child labour in sugar and rice sectors” (August 2003); “Uganda: Enhancing the capacity of labour inspectors to prevent and combat child labour in commercial agriculture in Uganda” (January 2004). The Committee requests the Government to provide information on the number of children who have been removed from working in the agricultural sector (sugar and tea plantations, tobacco and rice sectors) and rehabilitated in implementing the abovementioned programmes.

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

2. Street boys. The Committee notes that, according to the Government’s written replies to the Committee on the Rights of the Child (13 September 2005, CRC/C/65/Add.33, page 26), the Ministry of Gender, Labour and Social Development (MGLSD) has developed and implemented in 2002 a strategy and a workplan aimed at identifying, removing and rehabilitating street children, by providing them with opportunities for sustainable livelihood. Since 2002, over 1,167 former street children have passed through a transit centre in Kampiringisa where they have received counselling. For the majority of children, their families were traced and they were reunited with them. The Committee also notes that an action programme was launched in 2004 in order to prevent and withdraw children from hazardous street activities. The Committee requests the Government to pursue its efforts to ensure that children under 18 years working on the streets are protected from the worst forms of child labour. It also requests it to continue providing information on the measures taken to this end, and results achieved.

3. Orphans and vulnerable children. Child victims/orphans of HIV/AIDS. The Committee notes the Government’s information that a range of factors has contributed to the problem of child labour, such as orphanhood arising from the HIV/AIDS pandemic. It also notes that, according to the Government’s written replies to the Committee on the Rights of the Child (13 September 2005, CRC/C/65/Add.33, page 19), with the HIV/AIDS morbidity and mortality rates, the number of orphans has increased tremendously and is projected to increase further. The Committee notes that, according to the document by Human Rights Watch “The less they know, the better – Abstinence-Only HIV/AIDS Programs in Uganda”, supplied by the Government, Uganda is home to nearly 1 million children orphaned by HIV/AIDS. Some orphans end up on the street, where they may engage in hazardous labour, including sex work, to survive. Without parental care, those children may be withdrawn from school and forced into severe economic hardship. Many of these abuses increase vulnerability to HIV infection. It also notes that Uganda has launched a number of programmes of action aimed at: (a) preventing and combating HIV/AIDS-induced child labour; (b) preventing and withdrawing HIV/AIDS-affected children from entering into child labour in various districts (Mbale, Kampala, Mukono, Rakai). The Committee also notes the Government’s information that it adopted the Orphans and Vulnerable Children (OVC) Policy in order to provide care, support and protection to orphans and other vulnerable children. The Committee requests the Government to provide information on the impact of the abovementioned measures and of the OVC Policy on protecting child victims/orphans of HIV/AIDS and other vulnerable children from the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes with interest the Government’s information that the Ministry of Education and Sports, other line ministries, NGOs and donors have been active in implementing initiatives in girls’ education. Over 127 broad activities and interventions are currently devoted to improving the education and welfare of girls. According to the Government, a national strategy and plan of action for girls’ education was launched in 2000. The overall goal of the strategy is that all girls in Uganda have full access to educational opportunities and are supported by their families, schools, communities, government and the private sector to participate fully in gender-balanced education programmes in order to attain their maximum potential as equal and effective citizens. This strategy guides government and other stakeholders to remove the numerous barriers to education for girls. The Committee also notes the Government’s information that districts with high drop‑out rates, low retention and pass rates for girls are supported with grants through the promotion of girl’s education scheme. The Committee welcomes the measures taken to improve the education of girls. It requests the Government to provide information on the impact of the abovementioned measures on increasing girls’ enrolment rates and reducing their drop-out rates.

Article 7, paragraph 3. Designation of the competent authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes the Government’s indication that the Commissioner for Labour is the authority entrusted with the implementation of the provisions giving effect to the Convention.

Article 8. 1. International cooperation. The Committee notes the Government’s information that cooperation has been enhanced with the ILO and other development partners in the country, such as UNICEF.

2. Poverty reduction programme. The Committee notes the Government’s information that a range of factors has contributed to the problem of child labour such as poverty. The Poverty Eradication Action Plan (PEAP) 2004–05 to
2007–08 has been developed to eliminate mass poverty that perpetuates child labour. The most important social interventions of the PEAP addressing children’s needs include: primary education, primary health care, rural water supply and sanitation. The poverty analysis unit in the Ministry of Finance, Planning and Economic Development coordinates data collection, analysis and dissemination regarding the PEAP. The Committee requests the Government to provide information of any notable impact of the PEAP towards eliminating the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that child labour in Uganda prevails in various sectors, including: the informal sector, street activities, domestic service, the agricultural sector, fishing, construction and commercial sex. It also notes the Government’s statement that at the national level a concerted effort is being made by the Government to revive the national statistical system. The Uganda Bureau of Statistics (UBOS) has been created as a semi-autonomous organization responsible for developing statistics in the country (the labour force survey 2003). Five thematic and sectoral studies were carried out on child labour. According to the Government, disaggregated information on the number of children rescued from child labour is the following: 2,369 children reunited with their families; 167 (140 boys and 27 girls) working under safer conditions; 1,483 enrolled in formal education; 386 children (149 boys and 237 girls) provided with vocational skills; 191 children (143 boys and 48 girls) provided with basic literacy; more than 3,500 children receiving counselling and health care. The Committee requests the Government to indicate whether those children were removed from the worst forms of child labour and, if so, to specify the nature of the worst forms of child labour. The Committee also requests the Government to continue providing statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.