Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee has noted the Government’s report, as well as the discussion which took place in the Conference Committee on the Application of Standards in June 2006.

Articles 1(1), 2(1) and 25 of the Convention. Abductions of children and forced labour practices in connection with armed conflict. In its earlier comments, the Committee expressed concern about numerous cases of abductions of thousands of children, in connection with armed conflict in the northern part of the country, for the purpose of exploitation of their labour. Abducted children were forced to provide work and services as guards, soldiers and concubines, such abductions being connected with killings, beatings and rape of these children. The Committee observed that 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 urged the Government to take effective and prompt 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.

The Committee recalls that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182). In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include “all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour”, the Committee is of the view that the problem of the forced labour of children may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its 2007 comments on the application of Convention No. 182.

Articles 1(1) and 2(1). 1. Legislation concerning compulsory placement of unemployed persons on agricultural enterprises in rural areas. For a number of years, the Committee has been referring to section 2(1) of the Community Farm Settlement Decree, 1975, under which any unemployed able-bodied person may be settled on any farm settlement and required to render service; 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 previously noted the Government’s indication in its report that the abovementioned Decree was in the process of being repealed under the laws of Uganda revision exercise by the Uganda Law Reform Commission. The Committee has also noted from the statement of the Government representative before the Conference Committee on the Application of Standards in June 2006, that the 1975 Decree is a “dead law” which is not applied in practice, and that the current Parliament intends to repeal it. While having noted these indications, the Committee expresses the firm hope that the Community Farm Settlement Decree, 1975, will be repealed in the near future, in order to bring the legislation into conformity with the Convention and the indicated practice. It asks the Government to supply a copy of the repealing text, as soon as it is adopted.

2. Freedom of career military officers to leave their service. The Committee previously noted the Government’s indication that the Armed Forces (Conditions of Service) (Officers) Regulations, 1969, were replaced by the National Resistance Army (Conditions of Service) (Officers) Regulations,
No. 6 of 1993 (now the Uganda Peoples’ Defence Forces (Conditions of Service) (Officers) Regulations). The Committee has noted that section 28(1) of these Regulations contains a provision (which is similar to a corresponding provision of the repealed Regulations) under which the Board may permit officers to resign their commission in writing at any stage during their service. The Committee has noted the Government’s repeated indication in its reports, which was also confirmed by the Government representative in his statement before the Conference Committee in June 2006, 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 a permission to resign.

The Committee observes that it follows from the wording of section 28(1) that the application to resign may be either accepted or refused. It refers to the explanations provided in paragraphs 46 and 96–97 of its 2007 General Survey on the eradication of forced labour, where it pointed 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 expresses the firm hope that the necessary measures will be taken with a view to amending section 28(1) of the above Regulations, so as to bring it into conformity with the Convention. Pending such amendment, the Committee again 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, as well as the number of resignations accepted and refused.

3. Military service of persons enrolled below the age of 18 years. The Committee previously noted the Government’s indication in its report that the Armed Forces (Conditions of Service) (Men) Regulations, 1969, which provided that the term of service of persons enrolled below the age of 18 years might be extended until they are 30 years old, was repealed by the National Resistance Army (Conditions of Service) (Men) Regulations No. 7 of 1993. The Government indicated that section 5(4) of these Regulations prohibits a person below the age of 18 years or above 30 years to be employed in the armed forces. While having noted these indications, the Committee again requests the Government to supply a copy of Regulations No. 7, 1993, with its next report.