Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report. The Committee also notes the conclusions of the Committee on Freedom of Association in Case No. 1996 (see 316th Report of the Committee, paragraphs 642-699, approved by the Governing Body at its June 1999 session).

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes that section 8(3) of the Trade Union Decree of 1976 contains the requirement that there be a minimum number of 1,000 members to form a trade union and that section 19(1)(e) of the same law grants exclusive bargaining rights to a union only when it represents 51 per cent of the employees concerned. The Committee considers that such provisions do not promote collective bargaining within the meaning of Article 4 since this dual requirement may deprive workers, in smaller bargaining units or who are dispersed over wide geographical areas, of being able to exercise collective bargaining rights, and in particular where no trade union represents an absolute majority of the workers concerned.

The Committee considers that where no union covers more than 50 per cent of the workers, collective bargaining rights should be granted to all the unions in the unit, at least on behalf of their own members (see 1994 General Survey on freedom of association and collective bargaining, paragraph 241). The Committee observes in this regard that the Committee on Freedom of Association noted:

... the Government's recognition that these provisions are not compatible with the new Ugandan Constitution of 1995 and that steps to address this problem are being undertaken within the framework of the labour law reform process currently taking place in the country ... (see Case No. 1996, op. cit., paragraph 664).

The Committee further notes the Government's statement in its report that the Trade Union Decree No. 20 of 1976 is being revised to enhance the application of the Convention and that the revised legislation is still in the form of a draft Bill. The Committee trusts that this draft Bill will amend sections 8(3) and 19(1)(e) of the Trade Unions Decree with a view to promoting collective bargaining. It requests the Government to keep it informed of any progress made in the adoption of this Bill and to send a copy thereof as soon as it is adopted.

Exclusion of the prison services from the application of the Trade Union Decree. The Committee had noted in its previous comments under Convention No. 154 that the Trade Union Law (Miscellaneous Amendments) Statute of 31 January 1993, which amended Trade Union Decree No. 20 of 1976, enlarged the category of employees eligible for membership in trade unions, particularly in the public service (including the teaching service) and the employees of the Bank of Uganda. The Committee had noted, however, that other categories as well as the prison services were excluded from membership of trade unions by section 3 and Annex 2 of the above Act. The Committee therefore asks the Government to ensure that the guarantees laid down in the Convention are implemented for these categories, which are excluded from the scope of Decree No. 20 of 1976 as amended by the 1993 Act, and to keep it informed of any measure taken in this regard.