Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

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

Autre commentaire sur C138

Observation

Demande directe

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Articles 3(3) and 6 of the Convention. Admission to hazardous work from the age of 16 years and vocational training and apprenticeship. The Committee previously noted that, by virtue of section 34 of the Employment Act, the Minister could, on the recommendation of the Labour Advisory Board (LAB), make regulations governing the employment of persons for apprenticeship. The Committee noted that section 8 of the Employment of Children Regulations provides that a child aged between 12 and 17 years engaged in educational training and apprenticeship programmes which are on the list of hazardous work shall first be approved by a commissioner before they can take part in such work. Section 9 provides that an employer who wishes to employ a child in an apprenticeship 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. The Committee reminded the Government that, regardless of whether or not it is conducted in the framework of a vocational training or apprenticeship, children under 18 years are prohibited from engaging in hazardous work. However, under the terms of Article 3(3) of the Convention, national laws or regulations may, after consultation with employers’ and workers’ organizations, authorize the performance of hazardous types of work as from the age of 16 years on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s information that it has developed guidelines for labour inspectors on the identification of hazardous work not permitted for children, in collaboration with the social partners. The Committee requests the Government to provide information, in its next report, on the manner in which the application of the Guidelines for Labour Inspectors ensures that children under 16 years of age are not permitted to perform educational trainings and apprenticeships which are on the list of hazardous work, and that young persons between 16 and 18 years of age who do perform such educational trainings or apprenticeships do so under the conditions of safety laid out in Article 3(3) of the Convention.

Article 9(1). Penalties. The Committee previously noted that, as per section 96 of the Employment Act, any violation of the provisions of this Act is punishable with a fine of 24 currency points. According to Schedule 2 of the Act, each currency point is equivalent to 20,000 Ugandan shillings. Repeated offences are punishable by a fine of up to 48 currency points or imprisonment of a maximum period of two years. The Committee requested the Government to provide information on the application of these penalties in practice in cases of violations of the provisions on the employment of children and young persons.

The Committee notes the Government’s information that its strategy is rather to carry out intensive awareness raising among the public on the consequences of child labour and the importance of education. However, the Committee reminds the Government that, by virtue of Article 9(1) of the Convention, all necessary measures, including the provision and application of appropriate penalties, shall be taken by the competent authority, to ensure the effective enforcement of the provisions of this Convention. The Committee urges the Government to take the necessary measures to ensure that the regulations providing for penalties in case of violations of the provisions on the employment of children and young persons are applied in practice. It requests the Government to provide information on the progress made in this regard in its next report.

Article 9(3). Keeping of registers. The Committee previously noted that, by virtue of section 59 of the Employment Act, every employer shall prepare and keep a written document showing the name and address of the employee, the date, title and terms and conditions of the job assigned to them, the wages and allowances which the employees are entitled to receive and such other particulars as may be prescribed from time to time. The Committee also noted that section 15 of the Employment of Children Regulations provides that an employer engaging a child shall keep a register in the form prescribed in the Fifth Schedule. It observed, however, that this schedule only requires employers to indicate the name and date of birth of the children employed who are between 15 and 17 years of age, although the minimum age for admission to work is 14 years.

The Committee once again reminds the Government that, according to Article 9(3) of the Convention, employers must keep registers of employment indicating the names, ages and/or dates of birth of all children under 18 years who work for them. The Committee once again requests the Government to take the necessary measures so that employment registers kept by the employers apply to all child workers, including those under 15 years of age but over the minimum age for admission to employment or work.

Part III of the report form. Labour inspectorate. The Committee previously noted the Government’s statement that appropriate mechanisms to monitor the implementation of the provisions giving effect to the Convention were inadequate. In this respect, the Committee referred to the comments made by the Conference Committee on the Application of Standards at the International Labour Conference in June 2008, concerning the application of the Labour Inspection Convention, 1947 (No. 81), that it had been urging the Government for many years to take measures to reverse the phenomenon of the continued deterioration of the labour inspectorate, which had aggravated following the decentralization of the inspection function to the district level. The Committee noted that there were approximately 23 labour inspectors in the agricultural sector, which is the main employer in Uganda, to monitor the application of the relevant regulations, especially in respect of the occupational safety and health component. However, the Committee noted that these inspections were sporadic and not institutionalized. The Committee observed that the Ministry of Gender, Labour and Social Development has developed and adopted guidelines to facilitate the programming, monitoring, development and implementation of public policies that would more effectively contribute to the goal of the elimination of child labour, in particular its worst forms. These guidelines were specifically designed to assist labour inspectors and other national stakeholders in their efforts to eliminate child labour.

The Committee notes the Government’s information under Convention No. 81 that, with regard to the implementation of the Employment Act, 2006, and the Occupational Safety and Health Act, 2006, it is developing a comprehensive programme on integrated inspection involving other public service sector agencies which share the function of inspection. In addition, inspection procedures have been reorganized and the Occupational Safety and Health Department and labour inspectorate are working together in an integrated manner. Moreover, the Government indicates that in the next cycle of reporting, it shall submit a publication of the annual inspection report. The Committee once again requests the Government to provide information on the impact of these measures on strengthening the labour inspection system in order to ensure the effective application of the Convention. It also strongly encourages the Government to take measures to ensure that the annual inspection report is published as soon as possible and to ensure that it includes information on the number and nature of violations detected involving children. The Committee requests the Government to provide information on the progress made in this regard with its next report.