Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Ouganda (Ratification: 1963)

Autre commentaire sur C029

Observation

Demande directe

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously took note of the various measures taken to strengthen the fight against trafficking in persons, including the adoption of the Prevention of Trafficking in Persons Act, 2009, and the creation of the Coordination Office to counter trafficking in persons (COTIP), supporting the development of a National Task Force to combat trafficking, an Anti-Trafficking National Action Plan, and a national database on trafficking. The Committee requested the Government to provide information on the prosecution of cases of trafficking in persons, as well as on the adoption of the Anti-Trafficking National Action Plan.

The Committee takes note from the Government’s report of 9 November 2021 to the United Nations Human Rights Council for the Universal Periodic Review, that the National Action Plan for the Prevention on Trafficking in Persons (2019-2024) has been developed. The Government specifies that an Anti-Trafficking in Persons Department within the Uganda Police Force were created in July 2019, as well as trafficking-specific desks in the Office of the Director of Public Prosecution. In 2018, 303 frontline officials were trained on anti-trafficking laws (A/HRC/WG.6/40/UGA/1, paragraph 105). The Committee further notes that, according to the Annual Crime Report 2021 of the Uganda Police Force, 214 cases of trafficking in persons were registered in 2020 and 421 cases in 2021. The 2021 Annual Report of the Uganda Human Rights Commission states that by 31 December 2021, 403 cases had been brought to court, of which 30 cases resulted in convictions, 11 were withdrawn from court by the Director of Public Prosecutions, 1 person was acquitted, and 361 cases were still pending in court (page 68).

The Committee also notes that the United Nations Committee on the Elimination of Discrimination against Women, in its concluding observations of 1 March 2022, is concerned that Uganda remains a source, transit and destination country for trafficking in persons, in particular women and girls and women migrant workers (CEDAW/C/UGA/CO/8-9, paragraph 27).

The Committee expresses the hope that the Government will provide detailed information on the progress made to prevent, suppress, and punish trafficking in persons, including on the measures taken to implement the National Action Plan for the Prevention on Trafficking in Persons (2019-2024). Please indicate the results obtained under this Action Plan as well as the difficulties encountered. The Committee also requests the Government to pursue its efforts to identify and prosecute cases of trafficking in persons, and to provide information on the cases investigated, prosecuted and punished under the Prevention of Trafficking in Persons Act, 2009, as well as on the protection granted to victims.

2. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee notes the indication in the 2021 Annual Report of the Uganda Human Rights Commission that there have been reports of sexual and physical abuse of some Ugandan migrant workers, including domestic migrant workers, intimidation by their employer, withholding of wages, long working hours with little rest, hazardous conditions, confiscation of identity or travel documents, and substitution of contracts. The report refers to the Labour Externalization Programme of the Government which intends to facilitate the recruitment of Ugandan migrant workers to decent employment opportunities and to promote the protection of their rights and welfare in destination countries. The programme is responsible for licensing and regulating private recruitment agencies.

The Committee notes that the Employment (Recruitment of Ugandan Migrant Workers Abroad) Regulations, 2005, and the Guidelines on Recruitment and Placement of Ugandan Migrant Workers Abroad, 2015, provide for procedures for licensing recruitment agencies, grounds for suspension of licenses, and measures to protect Ugandan migrant workers, including medical examination, travel arrangements and orientation of workers. In addition, the Employment (Recruitment of Ugandan Migrant Workers) Regulations, 2021, provide for pre-departure orientation training to migrant workers, and establish that the charging of unauthorised fees to migrant workers is a ground for revocation of the license.

In this regard, the Committee observes that according to the Annual Crime Report 2021 of the Uganda Police Force, 1,149 victims of trafficking were identified in 2021, the majority of whom were trafficked for the purpose of labour exploitation (over 1,000 persons), compared to 666 victims identified in 2020. In 2021, a total of 734 victims of transnational trafficking were identified, Dubai being the main destination country with 356 victims, followed by Saudi Arabia with 152 victims.

The Committee encourages the Government to strengthen its efforts to ensure that migrant workers are fully protected from abusive practices and conditions that increase their vulnerability to situations of forced labour. The Committee requests the Government to provide information on the measures taken in this regard, including in relation to the sensitization of migrant workers on their rights as well as on the risks of forced labour; the pre-departure services provided to them; the monitoring of recruitment agencies; and the agreements concluded with receiving countries to enable migrant workers to assert their rights and have access to justice and remedies in cases of abuse. In this regard, the Committee refers to its comments on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

3. Law enforcement. The Committee notes the Government’s indication in its report that there are administrative structures and offices entrusted with the authority to abolish forced labour in the country, but they face a number of challenges. The Government indicates that: (i) there is generally weak implementation of the provisions within the law; (ii) although forced labour and poor conditions of work are prevalent in domestic work, the legislation does not qualify households as workplaces liable for inspection; and (iii) inadequate financial resources towards the law enforcers affects the regularity of monitoring forced labour at workplaces. The Committee requests the Government to provide information on the measures taken to strengthen law enforcement bodies’ remit and capacity in relation to identification and prosecution of forced labour cases, as well as to ensure coordination of their work.

Articles 1(1) and 2(1). Freedom of career military officers to leave their service. The Committee previously noted that section 28(1) of the Uganda Peoples’ Defence Forces (Conditions of Service) (Officers) Regulations provides that the application to resign may be accepted or refused by the Commissions Board. It noted the Government’s indication that the Chief of Defence Forces decides whether to grant retirement or not within 90 days and that a new set of the Uganda People’s Defence Forces (UPDF) Regulations was issued. The Committee requested the Government to provide a copy of these new regulations and to indicate the criteria applied in accepting or rejecting a resignation.

The Committee recalls that career members of the armed forces, who have voluntarily engaged in the armed forces, should enjoy fully the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice. In the absence of any updated information in this respect, the Committee reiterates its request to the Government to provide a copy of the applicable Uganda People’s Defence Forces (UPDF) Regulations. Please also indicate the number of requests for resignation that have been submitted, the number of refusals and the grounds for such refusals.