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

Convention (n° 81) sur l'inspection du travail, 1947 - Ouganda (Ratification: 1963)

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Observation

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Article 4 of the Convention. Supervision and control by a central authority. The Committee notes the Government’s response to its previous request, to place the labour inspection system under a central authority following its decentralization, that while the central government plays a supervisory role, the system of labour inspection is decentralized and local governments directly supervise the labour inspectors in their jurisdictions.The Government indicates that while no new legislation has been adopted, the Ministry of Gender, Labour and Social Development has developed a position paper to have the labour inspection system placed under the central inspections authority. The paper is in initial stages and will be subject to consultations. The Committee further notes the Government’s indication that the decentralization poses a challenge for the undertaking of a sufficient number of inspections and for the preparation of the annual labour inspection report. The Committee urges the Government to strengthen its efforts to place the labour inspection system under a central authority with a view to ensuring coherence in the functioning of the system. It requests the Government to continue to provide information on the legislative and practical steps taken, including the consultations held in that respect.

Articles 10, 11 and 16. Resources of the labour inspection system and inspection visits. The Committee takes due note ofthe Government’s indication that it has increased the total number of inspectors to 231: 58 inspectors at the central inspection system (including 27 specialized occupational safety and health inspectors), and an additional 173 inspectors engaged for local governments, city authorities and municipal councils. The Government indicates that, at the central level, while 82 positions have been approved, only 71 per cent have been filled. The Government also indicates, in response to the Committee’s previous request on human and material resources, that : (i) it has committed 5 per cent of the Government’s Social Development Non-wage Recurrent Transfer Grant to the districts to reduce the financial constraints on the district’s labour inspection; (ii) at the national level, the OSH Department at the Ministry of Gender, Labour and Social Development received funding for joint inspections between headquarters, district inspectors and other key inspection stakeholders; and (iii) it has put in place measures to enhance the operationalization of local offices for labour inspectors, including providing necessary equipment and developing projects and programmes for the construction of better offices. However, the Committee further notes the Government’s indication that it is faced with administrative and financial constraints that include the decentralization of the labour department, and that as this department is not a priority, it is inadequately financed and hence there are few inspections. In addition, the Government indicates that most labour inspectors lack necessary transport equipment such as motor vehicles and motorcycles that are necessary for the execution of their mandate, but that labour inspectors are reimbursed for travel and incidental expense in performing their duties. The Committee urges the Government to take further measures to ensure that there are a sufficient number of labour inspectors provided with adequate resources, in conformity with Articles 10 and 11 of the Convention. It also requests the Government to take immediate measures to ensure that workplaces are inspected as often as is necessary for the effective application of the relevant legal provisions, as required by Article 16 of the Convention. In this respect, it requests the Government to take measures to ensure the filling of the vacant positions, and to address the lack of necessary transport facilities for inspectors. Finally, the Committee requests the Government to continue to provide information on the measures taken, as well as information on the total number of inspector positions, the number of filled positions, and the number of inspection visits carried out.

Articles 19, 20 and 21. Reports from local inspection offices and publication and communication of an annual report on labour inspection. The Committee notes the Government’s indication, in response to its previous comment, that under the decentralized structures, labour inspectors report directly to the districts, which leads to irregularities of reporting to the central inspection authority. The Government indicates that it mostly receives reports from local labour offices only upon demand, but that the Ministry has communicated to the local authorities regarding the requirements to submit reports. The Government states that efforts are being made to ensure that annual inspection reports are developed, published and transmitted as required. In line with the requirements of Article 21 of the Convention, and recalling that section 20 of the Uganda Employment Act of 2006 also provides for the annual publication of a report, the Committee urges the Government to take the necessary measures to ensure that annual reports on labour inspection are published and communicated regularly to the ILO, and that they contain the information required by Article 21(a)–(g).

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