Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Articles 2, 3 and 6(1) of the Convention. Measures to prevent and address clandestine movements of migrants, the illegal employment of migrants, and sanctions. The Committee recalls the provisions of section 37(1) and (2) of the Employment Act 2006 prohibiting the organization of or assistance to illicit or clandestine movements of migrants for employment, and the employment of a person known to be unlawfully in the country, as well as the penalties and sanctions imposed (section 96/1). The Committee notes the Government’s statement that regulations to give effect to section 27 have not yet been developed. However, an Anti-Trafficking Law was enacted in 2009 and working groups have been set up in different ministries to enable the sharing of information, coordination and development of appropriate measures to prevent trafficking and clandestine movements of persons in the country. The Committee asks the Government to provide information on the following:

• (i) any regulations adopted to implement section 27 of the Employment Act 2006;
• (ii) the number and nature of infringements detected in violation of section 37(1) and (2) of the Employment Act;
• (iii) any legal proceedings brought against the organizers of clandestine movements, and those assisting in organizing those movements, and the penalties imposed;
• (iv) the number of workplace inspections carried out and the outcome of these inspections regarding illegal employment of migrant workers; and
• (v) any legal proceedings brought against employers who are illegally employing migrant workers, and the penalties imposed.

Article 9. Rights arising out of past employment. The Committee recalls its previous comments in which it noted that migrants who were illegally employed or in an irregular situation were apparently arrested and deported. The Committee again asks the Government to provide information on the measures taken to ensure that:

• (i) migrant workers whose situation cannot be regularized enjoy equality of treatment with respect to rights arising out of past employment as concerns remuneration, social security and other benefits;
• (ii) the worker concerned shall have the possibility to present his or her case to a competent body; and
• (iii) the costs of expulsion shall not be borne by the migrant worker or his or her family.

Article 10. National equality policy. The Committee recalls section 6(2) and (3) of the Employment Act 2006 concerning the duty to promote equality of opportunity in employment of migrant workers and members of their families who are lawfully within Ugandan territory, and section 6(3) of the Act prohibiting discrimination on the basis of race, colour, sex, national extraction, religion, political opinion, social origin, HIV status or disability. Section 75(g) explicitly provides that nationality, among other grounds, shall not be a reason for dismissal. The Committee reiterates its request to the Government to provide information on the practical application of sections 6(2) and (3) and 75(g) of the Employment Act, including any measures taken by the authorities concerned to promote equality of opportunity and treatment between migrant workers lawfully in the country and nationals; and any complaints from migrant workers received by the competent authorities concerning violations of sections 6(2) and (3) and 75(g) of the Employment Act, and the outcome of these complaints.

Article 14. Free choice of employment and restrictions. The Committee recalls that the Convention authorizes certain restrictions on the principle of equality of treatment as regards access to employment. Article 14(a) allows the State to make the free choice of employment subject to temporary restrictions during a prescribed period which may not exceed two years, while Article 14(c) allows for restricted access to limited categories of employment or functions where this is necessary in the interest of the State. The Committee requests the Government once again to indicate any employment restrictions imposed on migrant workers pursuant to sections 6(5) and 97(2)(c) of the Employment Act, according to which the Minister can by regulations limit the range of jobs open to migrant workers.