Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 138) sur l'âge minimum, 1973 - Ouganda (Ratification: 2003)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 and Part V of the Convention. National policy designed to ensure the effective abolition of child labour and application of the Convention in practice. In its previous comments, the Committee noted that the Government acknowledges the problem of child labour in the country and recognizes its dangers. The Committee noted that, according the 2005 Uganda National Household Survey, 31.1 per cent of children aged from 5 to 14 years were involved in economic activity (32.4 per cent of boys and 29.8 per cent of girls). The Committee noted that, according to the joint ILO–IPEC, UNICEF and World Bank report on understanding children’s work in Uganda of August 2008, an estimated 38.3 per cent of children aged 7 to 14 years, over 2.5 million children in absolute terms, were engaged in economic activity in 2005–06. Some 1.4 million children under the age of 12 years were engaged in economic activity, and 735,000 children aged less than 10 years were economically active.

In this regard, the Committee previously noted that a national policy on child labour (NCLP), designed to ensure the effective abolition of child labour and progressively raise the minimum age for admission to employment or work, was adopted in 2006. The policy includes awareness-raising measures, integration of child labour concerns in national and district-level programmes, stimulating collective action at all levels of society and providing a legislative and institutional framework for action against child labour. It had noted that the Government is cooperating with ILO–IPEC in the elaboration of a national action plan (NAP) in order to implement this national policy. The Committee noted that, in its report, the 2009 Technical Advisory Mission on Child Labour Issues (the mission) expressed concern that a NAP for the elimination of child labour had yet to be developed to implement the NCLP. In this regard, the Committee noted that many activities were undertaken to get the process for the NAP started again and that the target date for the NAP to be adopted and operational is March–August 2012.

The Committee notes that, according to information available at ILO–IPEC, a retreat was organized in September 2010 to discuss the NAP which brought together all the relevant constituents and stakeholders. As a result, the draft NAP was produced and its validation took place in March 2011. The final NAP is currently being worked on. In the meantime, the Committee observes that a Simplified National Child Labour Policy was elaborated and adopted in 2010 as a first step to towards raising awareness on the NCLP and child labour matters in Uganda. Furthermore, the Committee notes that the Uganda Bureau of Statistics (UBOS), in collaboration with SIMPOC, has started conducting a standalone National Child Labour Survey in April 2011, which should provide up-to-date data disaggregated by sex, as well as statistics on the situation of child labourers. Once again, the Committee encourages the Government to strengthen its efforts in order to ensure that the NAP for the elimination of child labour is validated and adopted by the target date. It requests the Government to provide a copy of this NAP once it is adopted, as well as the results of the standalone survey of the UBOS, as soon as it is finalized. Finally, the Committee once again requests the Government to provide in its next report detailed information on the application of the Convention in practice, including recent statistical data on the employment of children and young persons. To the extent possible, this information should be disaggregated by age and sex.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted that, pursuant to sections 2, 32(4) and 32(5) of the Employment Act of 2006, the list of types of hazardous work to be prohibited to persons below 18 years of age was drafted in consultation with the social partners. It noted that the draft hazardous list had been revised and approved during the top management meeting of the Ministry of Gender, Labour and Social Development in May 2009, and that it would be gazetted after the drafting of an extra paragraph on light work. The Committee noted that, during its time in Uganda in 2009 the mission observed that the regulations necessary to implement the newly enacted laws in Uganda, including the Employment Act of 2006, were not being adopted or issued, partly due to the fact that the Labour Advisory Board (LAB) had not met for three years and that the adoption of regulations fell within the purview of the terms of reference of the LAB. The mission considered that the credibility of these newly enacted laws was at stake if they could not be implemented. The Committee therefore urged the Government to take the necessary measures to ensure that they would be adopted in the near future.

The Committee notes with satisfaction the Government’s information that the Employment of Children Regulations, adopted in 2011, contain the list of hazardous activities prohibited to children under 18 years of age. It observes that this list includes occupations in a variety of sectors, such as agriculture (harvesting and marketing of tobacco or tea, preparing the land of rice plantations, maize milling, fishing), construction (building and road work), mining (sand harvesting and stone crushing), the urban informal economy (market and street activities, motor garages and carpentry workshops), and in entertainment (waitressing and attending in hotels, bars, restaurants or casinos).

Article 7. Light work. The Committee had previously noted that according to section 32(2) of the Employment Act, a child under the age of 14 years shall not be employed except for light work carried out under the supervision of an adult person and which does not affect the child’s education. Light work, according to section 2 of the Employment Act, means work that is not physically, mentally and socially injurious to the child. The Committee noted that a list of light work activities had not yet been determined by the Ministry of Labour, but that an extra paragraph defining light work would be added to the draft list on hazardous work, after which the document would be gazetted. However, it noted that the Federation of Ugandan Employers indicated to the mission that a list of light work activities had not yet been determined by the Ministry of Labour, and that the adoption of a provision on light work also fell within the purview of the LAB. The Committee therefore requested the Government to take immediate measures to determine light work activities that may be undertaken by children between 12 and 14 years of age and the conditions in which, light work may be undertaken.

The Committee notes with satisfaction that section 4 of the Employment of Children Regulations provides that light work activities include such occupations as sewing, sweeping, cleaning the floor or organizing the house, washing clothes, making purchases at the market, looking for firewood and preparing family meals.

Article 8. Artistic performances. The Committee had previously noted the absence of legislative provisions allowing the participation of children below the minimum age of 14 years in artistic performances. It requested the Government to provide information on the measures taken or envisaged for the granting of permits, as well as the conditions subject to which permits are granted for children under the age of 14 years who participate in practice in artistic performances.

The Committee notes with interest that section 9 of the Employment of Children Regulations provides that an employer who wishes to employ a child in artistic performances shall apply to the Commissioner, and that the Commissioner shall issue such permits restricting the age, number of hours of work and conditions in which work in this apprenticeship is allowed, in accordance with Article 8 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.