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Title: Uganda Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
UGANDA
President Yoweri Museveni and his National Resistance Movement (NRM)
continued to rule Uganda through the acting parliament known as the
National Resistance Council (NRC) and a Cabinet since taking power in
1986. The President dominated the Government, the NRC, and the extended
transition process to constitutional government. The Constituent
Assembly (CA), elected in March 1994, completed its work in August and
the new Constitution was promulgated in October 1995. The Constitution
formally extended the one-party state under the NRM for an additional 5
years, with a referendum in the fourth year on whether Uganda should
adopt a multiparty system. Elections for the first Parliament and
President under the new Constitution were postponed until 1996. The
judiciary is generally independent.
Following the promulgation of the Constitution, the army (formerly the
National Resistance Army) was renamed the Uganda People's Defense Force
(UPDF) and placed under direct civilian authority. The UPDF remains the
key internal and external security force. In a phased demobilization
program, the UPDF reduced its numbers from 90,000 in 1990 to
approximately 50,000 in 1995. The army, along with local defense units
(LDU's) assists the police in rural areas. The LDU's continued to
operate without a clear legal mandate. The army also continued to use
homeguard forces to help counter insurgent activities in northern
Uganda. At mid-year the army revamped the homeguard policy to put the
force more directly under UPDF control. At year's end, the Internal
Security Organization (ISO) remained under the authority of the
President, and although primarily an intelligence-gathering body, the
ISO also has the power to arrest and detain people. The police, the
UPDF, and LDU's committed human rights abuses. Two rebel groups
increased the number and intensity of their attacks against the
Government and civilians in the northern part of the country. Assisted
by Sudan, the Lord's Resistance Army (LRA) under Joseph Kony carried out
larger scale operations than in the past. In the northwest, the West
Nile Bank Front under Col. Juma Oris began laying landmines on roads in
July. Both the LRA and the West Nile Bank Front committed human rights
abuses.
Primarily based on agriculture, the economy showed strong growth--about
10 percent--in 1994-95. Coffee remained the chief export crop and
foreign exchange earner, but modest increases in tobacco, cotton, and
tea exports also contributed to the improved outlook. In the face of
massive rural poverty and an estimated gross national product of $185
per capita, the Government continued to implement a tough economic
reform program. Uganda also continued to depend heavily on foreign aid,
which amounted to approximately 50 percent of government spending in
1994-95.
The Government's human rights record improved incrementally, but
numerous, serious problems remain. Citizens will not be able to
exercise the right to change their government until presidential and
parliamentary elections are held in 1996. The new Constitution extended
previously existing restrictions on political party activities for an
additional 5 years, effectively limiting freedom of assembly and
association. The Government continued to restrict freedom of speech and
of the press through outdated sedition laws and the detention of
journalists, as well as by adopting a press law that stipulates
licensing of journalists and a censorship board. Police and LDU's
sometimes tortured criminal suspects, particularly upon arrest.
Beatings during arrest or interrogation were also common. In a marked
improvement over previous years, there were fewer reports of abuses
against civilians by the UPDF in its counter-insurgency operations. The
Government took measures to improve the discipline and training of
security forces, and in some instances punished security officials.
Despite these efforts, police discipline remained a problem. Prison
conditions remain harsh. Prolonged detention continues, although the
Government took steps to address the problem. Discrimination against
women, domestic violence, and the rape of women and children remain
serious problems.
The LRA repeatedly carried out egregious violations of human rights,
including the murder, rape, mutilation and abduction of hundreds of
civilians. In April the LRA massacred over 200 civilians in Atiak. The
West Nile Bank Front also committed serious human rights abuses.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom
from:
a. Political and Other Extrajudicial Killing
There were no reports of politically targeted killings.
There were a few reported incidents in which police, UPDF, and LDU
personnel killed criminal suspects, sometimes after torturing them. In
July LDU officers shot and killed a secondary school student in police
custody in Mityana. In April in Kabarole district, credible reports
indicate that Charles Byalega died in detention, after being tortured by
UPDF officials. Police initiated an investigation of the Mityana case,
and the UPDF reportedly investigated the Byalega case, but the results
were not made public. Police also killed one person during a strike at
the Lugazi Sugar Corporation in June (see Section 6.a.); one officer was
charged with murder in connection with the incident.
Both the UPDF and insurgent forces committed a number of extrajudicial
killings (see Section l.g.).
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
UPDF officials and police commonly beat and sometimes tortured suspected
criminals, usually at the time of arrest or interrogation, often for the
purpose of forcing confessions. LDU's more often than police are
accused of such mistreatment of prisoners and detainees. Although LDU's
have no training or legal authority to make arrests, they continued to
do so in rural areas. The Government investigated some cases and tried
and punished some offenders.
There were instances of mobs attacking suspected thieves and other
offenders caught committing crimes. These mobs engaged in stoning,
beatings, and other forms of mistreatment, such as tying the suspect's
wrists and ankles together behind the back. The authorities rarely
prosecuted persons engaged in administering mob justice.
Prison conditions remain harsh, due primarily to lack of funds. Uganda
maintains two civilian prison systems: one state-funded and run by the
Ministry of Internal Affairs, and a second rural-based system under the
Ministry of Local Government. Conditions are particularly harsh in the
133 local prisons which receive no central government funding. Although
the law states that civilians are not to be held in military barracks,
some civilians were held in military prisons. Both civilian and
military prisons have a very high mortality rate from overcrowding,
diseases spread by unsanitary conditions, malnutrition, and AIDS, a
disease which is pandemic among the general population. Some juveniles
are kept in prison with adults. Women have segregated wings in the
prisons, with female staff, and rape does not appear to be a problem
among female prisoners.
Pretrial detainees comprise over one-half of the prison population. In
July, of a total of approximately 11,000 prisoners in the central
system, 4,000 had been convicted, and 7,000 were in pretrial detention.
The average time in pretrial detention has declined, however, from about
5 years in 1993 to about 2 years in 1995. The Government has addressed
the problem of lengthy detention by creating District Committees to
review the cases of all prisoners to expedite their trials. It has also
begun a 3-year program to repair prison facilities, water and sanitation
systems, and has increased the budgetary allocations for food and
uniforms.
The Government permitted full access to prisons by the International
Committee of the Red Cross (ICRC) and local nongovernmental
organizations (NGO's), principally the Foundation for Human Rights
Initiatives (FHRI). Prison authorities require advance notification of
visits, a process that is often subject to administrative delays.
d. Arbitrary Arrest, Detention, or Exile
Under the law, a suspect must be charged within 24 hours of arrest and
be brought to trial or released on bail within 240 days (480 days for a
capital offense). The authorities enforced neither requirement. Other
extant laws, such as the Public Order and Security Act of 1967 (the
Detention Order), provide for unlimited detention without charge, but
these laws have never been invoked by the NRM Government. Legal and
human rights groups sharply criticized the excessive length of detention
without trial, in many cases amounting to several years. Acknowledging
the problem, the Constituent Assembly reduced the length of detention to
a maximum of 120 days (360 days for a capital offense) in the new
Constitution.
The exact number of political detainees and prisoners is not known. One
of the largest such groups was 130 people detained by the UPDF and
police at Gulu, although this group is known to have included military
discipline cases. By year's end, less than 20 political detainees
remained among the prisoners at Gulu with the other political detainees
having been released. The ICRC was allowed access to the Gulu
detainees, although during the last 4 months of the year there was a
delay in the Government's granting of permission for a visit.
The Government also detained three journalists, one of whom died and two
of whom were charged with sedition (see Section 2.a.).
Approximately 300 former captives of the LRA (all civilians) voluntarily
remain in a camp run by international NGO's.
The Government does not use exile as a mean of political control. A
presidential amnesty for former rebels remains in effect although those
who return may be prosecuted for criminal acts they may have committed
in the past. Several prominent Ugandans returned from exile in 1995,
including Mustafa Idrissa, Vice President under Idi Amin; Masette Kuuya,
Picho Owiny and Aliro Omara, former ministers under the second Obote
government; and Colonel Gad Wilson Toko, former Vice President of the
Military Council in 1980.
e. Denial of Fair Public Trial
While the judiciary is generally independent, the President has
extensive legal powers, including the power to appoint the four members
of the Judicial Service Commission which makes recommendations on High
Court and Supreme Court appointments. The commission must concur in the
dismissal of a magistrate. Under the new Constitution, Parliament will
approve the appointment of the members of the Judicial Service
Commission.
The court system consists of magistrates' courts, the High Court, and a
Supreme Court. The new Constitution, promulgated in October, added a
Court of Appeal but at year's end it had not been established. The
military maintains an independent system of courts-martial for military
offenders.
In addition to the regular court system, the local village councils have
the authority to settle civil disputes, including land ownership and
payment of debts. These courts, often the only ones available to
villagers, frequently exceed their authority by hearing criminal cases,
including murder and rape. Council decisions may be appealed in
magistrates courts, but often there are no records made of the case at
the village level, and many defendants are not aware of their right to
appeal. The civilian judicial system contains procedural safeguards,
including the granting of bail and appeals to higher courts. The right
to a fair trial has been circumscribed in recent years by an inadequate
system of judicial administration and resources resulting in a serious
backlog of cases. Criminal cases may take 2 years or more to reach the
courts. The Kampala High Court's efficiency improved, as it heard as
many cases as possible to alleviate delays. The Buganda Road Court
began dismissing cases after 6 months if prosecutors were unable to
compile sufficient evidence for trial, setting an example for other
courts. Many defendants cannot afford legal counsel. The Government
provides attorneys for indigent defendants only for capital offenses.
The Uganda Law Society (ULS) operates legal aid clinics in four regional
offices and assists military defendants as well as civilians.
The military court system does not assure the right to a fair trial.
Although the accused has the right to legal counsel, military defense
attorneys are often untrained and may be assigned by the military
command, which also appoints the prosecutor and the adjudicating
officer. The sentence passed by a military court, which may invoke the
death penalty, may be appealed to the high command, but not to the High
or Supreme Courts. The ULS petitioned the Government to address the
lack of an appeals process in military courts but received no response.
The ULS gave the Government notice of its intent to pursue litigation on
the issue in August.
For the first time in several years, the Government arrested and charged
persons with treason. In the past, numerous human rights abuses were
committed in connection with treason cases, including political
detention, detention without charge, and mistreatment of prisoners.
During the year, the Government charged at least 74 people with treason
and related crimes. Of the 74 people formally charged with treason, 63
were accused of attempting to overthrow the Government by establishing a
rebel training camp in Buseruka and ferrying arms to western Uganda (see
Section l.g.). Fifty-eight of the 63 were arrested and charged on
August 3. Two UPDF soldiers were charged with treason on May 29. Two
other UPDF soldiers were charged with treason and terrorism on July 21,
as was businessman Salim Okulla. Joseph Lusse, a prominent Kampala
businessman, was charged with treason on May 9. Francis Kilama, a radio
telephone operator with Uganda National Parks, was charged with treason
on June 2. At year's end, the cases had not yet been brought to trial.
The number of political prisoners is unknown. The courts continued to
process the appeals in approximately eight cases of past politically
motivated treason convictions. In March Lieutenant Colonel Ahmed
Kashillingi, a former UPDF officer charged with treason, was acquitted
by the High Court. Willy Mukama, Willy Logoko, and Sheik Kinyiri, who
were convicted of treason in 1989, completed their prison sentences and
were released in March. In May the Supreme Court upheld the death
sentence of Bright Gabula Africa, who was convicted of treason in 1993
for plotting to overthrow the Government between 1987 and 1990.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Government does not generally intrude in the privacy, family, or
home of citizens. Prison officials routinely censor the mail of
prisoners. The law requires that the police have search warrants before
entering private homes or offices, and the police generally observed
this law in practice. However, the police sometimes improperly searched
homes and vehicles without prior warrants.
g. Use of Excessive Force and Violations of Humanitarian Law in
Internal Conflicts
With an increase in insurgent activity, reports of violations of
humanitarian law increased dramatically compared to previous years.
Rebel groups committed a greater number of abuses and on a larger scale
than those committed by government forces.
In February in Buseruka, Hoima district, the UPDF pursued a group of
rebels who had killed two officers in an attack on a police station. In
the ensuing engagement at the rebels' camp, credible reports indicate
that the UPDF used excessive force and killed at least 92 rebels. Local
authorities later arrested other members of the group, who had escaped
from the camp with rifles and grenades. The Government completed an
investigation into the incident, but did not make the results public.
In April and May, police and the Internal Security Organization were
successful in breaking up the National Democratic Alliance, led by
former army major Herbert Itongwa. The group had kidnaped the Minister
of Health in March and assassinated a police commander in February.
According to a government spokesperson, the majority of the group's 16
members were either arrested or killed during a series of armed
confrontations between the police, LDU's, and the UPDF. At year's end,
Itongwa was still at large, but four members of the group were arrested.
In December three were charged with plotting to overthrow the Government
and remained in remand in Luzira Prison at the end of 1995.
In north-central Uganda, the Lord's Resistance Army, an insurgent group
under the leadership of Joseph Kony, continued to kill, maim, rape, and
abduct large numbers of civilians. They terrorized civilians with
tactics that included cutting off noses and ears and breaking legs with
hammers. In April approximately 250 soldiers of the LRA attacked the
villages of Lokung and Atiak and massacred over 200 villagers. They
also destroyed 360 homes and abducted more than one 100 children. In
July and August, in a series of raids throughout the district of Kitgum,
about 500 LRA rebels abducted hundreds of young people, some, at least,
reportedly to be traded as slaves for weapons in Sudan. LRA rebels
planted landmines on roads in Gulu and Kitgum District throughout the
year, killing and wounding dozens of civilians. Mines on the few roads
to the border hinder the transport of food to more than 100,000 Sudanese
refugees and displaced persons in camps near the border.
In the northwestern region bordering Sudan and Zaire, a new insurgent
group, the West Nile Bank Front under Juma Oris, laid landmines on major
roads used for relief shipments to refugee camps as well as for local
commerce.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and of the press, but
the Government restricts these rights in practice. Open debate occurred
in the CA and the NRC, as well as in most public forums. However,
following the outbreak of violence at a rally in a suburb of Kampala,
the Ministry of Internal Affairs issued a series of assembly guidelines
in July, restricting the ability of CA delegates to speak outside their
constituencies. Police and local officials subsequently cancelled over
17 events at which both supporters of the National Resistance Movement
and advocates of a multiparty system were scheduled to speak. In July
Zubairi Atamvaku, a CA delegate and university lecturer who was sharply
critical of the Government, fled the country after alleging harassment
by government security forces.
The Government continued to detain and charge journalists with sedition,
creating a climate in which some journalists felt pressure to practice
self-censorship. A total of 23 newspapers and magazines, including
party newspapers, publish a wide range of viewpoints covering the
political spectrum. Many print media outlets accurately reported on
corruption in government and human rights abuses. The Government
controls one televison station and a radio station (Radio Uganda). The
number of private television and radio stations continued to increase.
During the year police arrested three journalists, two of which were
subsequently charged with sedition. In April police arrested Lawrence
Kiwanuka, editor of the Democratic Party's Citizen, for an article
critical of the ISO. He fled to Kenya after his release on bail,
fearing that he would be arrested for treason for his association with
rebel leader Major Itongwa, and that his life was in danger. The two
colleagues who offered surety for Kiwanuka's bail were later arrested
and held for a week when they were not able to pay the bond. Hussein
Musa Njuki, editor of the weekly Islamic newsletter "Assalaam," died
shortly after his arrest on August 25 before the sedition charge could
be filed. Njuki was not in good health, and the shock of the arrest may
have exacerbated his medical condition. There was no evidence of
torture or physical abuse by the police. Haruna Kanaabi, editor of the
Islamic Shariat newsletter, was arrested on the same day as Njuki and
charged with sedition. In September the magistrate denied bail for
Kanaabi, citing the flight of Kiwanuka earlier in the year. Kanaabi's
trial concluded in November, and he was found guilty. He was credited
with the time already spent in jail, and on December 28, after paying a
fine of $50 in lieu of an additional year in jail, he was released.
Teddy Cheeye, editor of the Uganda Confidential, was acquitted in June
of 1993 charges of sedition.
The NRC passed a Press Bill in May after 4 years of debate on various
drafts. The final legislation, criticized by the media, requires that
journalists be licensed and meet minimum qualifications, including a
university degree. The new law provides for a Media Council to monitor
and discipline journalists. The law also gives the NRC power to suspend
newspapers and to deny access to state information.
A considerable degree of academic freedom exists at Uganda's five public
and three private universities, with no government interference in
teaching, research, or publication. However, professors appear to
exercise caution rather than test the limits of their academic freedom.
Students have sponsored wide-ranging political debates in open forums on
campus, although at least one student-sponsored seminar was blocked by
local police in Rakai district in July.
The Government requires many students and government officials to take
NRM political education and military science courses known as "Chaka
Mchaka." These courses have been criticized because they seek to
indoctrinate officials in NRM positions, including the view that
political parties were responsible for Uganda's civil conflicts before
1986. There were unconfirmed reports that the techniques used in some
of the courses included intimidation, physical and mental abuse, and
sexual harassment.
b. Freedom of Peaceful Assembly and Association
The Government restricts these freedoms despite constitutional
guarantees. The CA maintained in the new Constitution existing
restrictions on political party activity to continue through the next
general elections and a 5-year extension of the "movement system" of
government. While the movement system is in power, political parties
are not permitted to hold rallies or sponsor candidates, nor are they
allowed to hold national conventions of their membership or open branch
offices outside the capital.
The Government arbitrarily limits peaceful assembly by denying permits
for public gatherings and barring rallies by opposition politicians.
The police issue administrative permits for public gatherings, but have
the right to deny permits in the interest of public safety. The police
prevented or dispersed at least 13 rallies, seminars, and other public
events organized by opposition leaders, including Democratic Party
President Paul Ssemogeere, Uganda People's Congress Acting Secretary
General Cecilia Ogwal, the newly organized National Freedom Party, and
profederalist activists.
NGO's are required to register with the Ministry of Internal Affairs.
While the Government generally approves NGO registration, it delayed
registering the National Organization for Civic Education and Monitoring
for two years. This umbrella group, comprised of 14 NGO's, was formed
in 1993 to monitor elections.
c. Freedom of Religion
The Constitution provides for freedom of religion and the Government
respects this right in practice.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government respects
them in practice. A married woman needs her husband's signature on her
passport application if children are traveling on the mother's passport.
The Government cooperated with the U.N. High Commissioner for Refugees
and other humanitarian organizations in assisting refugees. There were
no reports of forced expulsion of those having a valid claim to refugee
status.
Uganda accommodates over 346,800 refugees from Sudan, Rwanda, Zaire, and
other countries.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
Citizens have the constitutional right to change their government, but
will not be able to exercise this right until presidential and
parliamentary elections are held in 1996. The National Resistance
Movement Government extended its mandate until a new parliament and
president are elected.
The NRM majority in the CA voted to continue the existing NRM
restrictions on political party activity for at least 5 years under the
new Constitution, with a public referendum after 4 years to determine
whether Uganda should adopt a multiparty system (see Section 2.b).
President Museveni continued to hold power as Chief Executive, Minister
of Defense, and Chairman of the National Executive Council. He ruled
along with a 48-member Cabinet and the National Resistance Council, the
acting parliament which included both indirectly elected and appointed
members. There remained few meaningful checks and balances on
presidential power; the new Constitution provides for checks on
presidential power by an elected Parliament, however, parliamentary
elections were not scheduled until 1996. The President has been
publicly critical of multiparty politics and used his influence within
the CA to postpone the establishment of political parties. In October
under pressure to allow open participation in the political process
prior to parliamentary and presidential elections, the Government
disbanded its Focal Point Committees, which had been organized at the
local level to promote NRM candidates.
The Government has encouraged the participation of women in government
and allocated special seats for women in the NRC and the CA. The new
Constitution continues to provide for special women's representation in
the new Parliament. Although they remain in the minority, women hold
positions of responsibility at all levels of government, from the Vice
President to local resistance councils. The CA had 48 women delegates
and there are 39 women's representatives in the NRC. There were six
women in the Cabinet, including the Vice President.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A variety of human rights groups including the Foundation for Human
Rights Initiatives (FHRI), a women's legal association (FIDA), and the
National Women's Organization of Uganda, operate without government
restriction, investigating and publishing their findings on human rights
cases. HURINET, the Human Rights Network, an umbrella organization for
nine human rights organizations active in the country, began publishing
a quarterly human rights newsletter in January. Government officials
are generally cooperative and responsive to NGO views, although some
NGO's complained of periodic harassment by government officials. The
Government allowed access by international human rights NGO's, UNHCR,
and the ICRC. The new Constitution established a Human Rights
Commission as a permanent independent body with the powers of a court.
At year's end, however, members of the Commission had not yet been named
by the President and approved by Parliament.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution prohibits discrimination based on these factors, but
the Government does not effectively enforce the law in matters of local
or customary discrimination against women, children, people with
disabilities, or certain ethnic groups.
Women
Violence against women, including rape, is common, and there are no laws
to protect battered women apart from a general law on assault. Public
and law enforcement officials view wife beating as a man's prerogative
and rarely intervene in cases of domestic violence. Women are more
likely to sue for divorce than to raise assault charges against their
husbands while still married. In November the police set up a special
gender issues desk and trained the first of 60 officers in investigative
techniques and preventive measures for cases of rape.
Traditional and widespread discrimination against women continues,
especially in rural areas. Many customary laws discriminate against
women in the areas of adoption, marriage, divorce, and devolution of
property on death. Women may not own or inherit property or have
custody of their children under customary law. Divorce law sets
stricter evidentiary standards to prove adultery for women than for men.
Women cannot sponsor a foreign-born spouse or the children of such a
union for citizenship, whereas foreign women who marry Ugandans and the
children of those marriages automatically receive citizenship.
Women do most of the agricultural work but own only 7 percent of the
land.
There are active women's rights groups, including FIDA, Action for
Development (ACFODE), and the National Women's Organization of Uganda,
which promote greater awareness of the rights of women and children.
FIDA is conducting a 3-year project to reform outdated and
discriminatory laws.
Children
The Government has devoted only limited resources to children's welfare.
The Government introduced a children's bill to consolidate laws relating
to children to provide for their care, protection, and maintenance, and
establish a Family and Children's Court. However, the bill had not been
passed by the NRC by year's end. The 1991 census put the number of
orphaned children at 1.2 million (in Uganda, children missing one or
both parents are considered orphans). The high number of orphans is
attributed to past civil war and AIDS. Girls and boys have equal access
to education, but families are more likely to enroll their sons in
school and to continue supporting their education.
Child abuse remains a serious problem, particularly rape of young girls
known locally as "defilement." Only a small fraction of the cases are
reported, especially when the perpetrator is a family member. Few cases
reach the courts, with conviction and punishment rare. Corporal
punishment is common in some schools. In May a teacher and headmistress
gave a 9-year-old boy 130 strokes of the cane, which received extensive
media attention and prompted widespread public debate on the issue. The
teachers were charged with assault; the court case was still in progress
at year's end.
Female genital mutilation which is widely condemned by international
health experts as damaging to both physical and psychological health, is
not widespread but is practiced by some groups in eastern Uganda,
notably the Sebei. There is no law against the practice. The
Government and women's groups are working to stop the practice through
education.
People with Disabilities
The law does not mandate accessibility to buildings or government
services for the disabled. Widespread discrimination by society and
employers limits job and educational opportunities for those with
physical disabilities. A small office within the Ministry of Local
Government tries to assist disabled Ugandans but lacks sufficient
funding.
Section 6 Worker Rights
a. The Right of Association
There is no single labor code, but a combination of laws provides for
the right of workers to form unions, and since 1993 this right has been
extended to civil servants. However, many "essential" government
employees are still not permitted to form unions; these include the
police, army, permanent secretaries in the ministries, heads of
departments and state-owned enterprises, school principals, and other
management level officials.
The National Organization of Trade Unions (NOTU), the largest labor
federation, includes 15 unions and is independent of the Government and
political parties. NOTU's influence on the overall economy remains
marginal, since about 90 percent of the work force consists of peasant
farmers. According to the 1988-89 census, about 20 percent of an
estimated 400,000 workers in the industrial or modern wage sector of the
economy are unionized. There is almost no unionization in the large
agricultural sector, much of which is subsistence farming.
The new Constitution confirmed the right to strike, but government
policy requires that labor and management make every effort to reconcile
labor disputes before resorting to strike action. If reconciliation is
not possible, labor must submit its grievances and notice to strike to
the Minister of Labor, who under the Trade Disputes Arbitration and
Settlement Act has the option of referring the dispute to the Industrial
Court. There is no law prohibiting retribution against strikers.
There were approximately two dozen strikes by both unionized and
nonunionized labor, including taxi drivers, bankers, teachers, doctors,
health care workers, and tea and sugar factory workers. The only
violent strike occurred in June, when police opened fire on striking
workers at the Lugazi Sugar Corporation, killing 1 person and injuring
10; 1 police officer was charged with murder following the incident. In
a landmark court decision, the High Court upheld the Industrial Court's
award of payment of salary increases dating back to 1993 to employees of
six foreign-owned banks. Bank employees went on strike in May after
bank management refused to honor the April decision by the Industrial
Court, and again in August following the decision of the High Court.
Representatives of the bank workers and management signed an agreement
outlining a 4-year payment schedule for the higher salaries. Following
a strike by the Uganda Medical Workers Association in September, three
union leaders were arrested and charged with neglect of duty and
disobeying lawful orders; they were released on bail. At year's end,
the case was pending.
Labor unions freely exercise the right to affiliate with and participate
in regional and international labor organizations.
b. The Right to Organize and Bargain Collectively
The law provides for the right to organize and bargain collectively, but
true collective bargaining takes place only in the small private sector
of the modern economy. In the modern sector, the Government is by far
the largest employer (civil service and state-owned enterprises) and it
dominates the bargaining process. The Government has, however, adopted
a tripartite (government-employers-labor) cooperative approach to
setting wages and resolving labor issues. Both the Government and
employers may refer disputes to the Industrial Court. The law does not
prohibit antiunion discrimination by employers, but there were no
reported incidents of government harassment of union officials.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits compulsory labor. However, there is evidence that
prison officials force prisoners to work on private farms and
construction sites.
The International Labor Organization cited the government's failure to
report on the Convention on Forced Labor.
d. Minimum Age for Employment of Children
Employers are prohibited by law from employing workers below the age of
18, and there is no child labor in the formal sector, including the
export industries. However, many children are employed in the informal
sector, often on family subsistence farms, or, in urban areas, selling
small wares on the streets or working as domestics. The Ministry of
Social Services is charged with enforcing the law on child labor, but
does so only in the industrial sector. There are no minimum educational
requirements.
e. Acceptable Conditions of Work
Neither the law nor the Government sets an explicit minimum wage policy.
Wages are set by negotiation between unions and employers or by the
boards of directors of state-owned industries. Salaries are usually
combined with other incentives (housing, transport allowance) which
often equal base wages. The Ministry of Labor's salary scale for civil
servants starts with unskilled labor earning $44 to $77 per month
(40,000 to 70,000 shillings), skilled labor (such as clerks or drivers)
$55 to $133 per month (50,000 to 120,000 shillings), and supervisors
$155 to $333 per month (140,000 to 300,000 shillings), all include
provisions for paid overtime. The higher end of this scale would begin
to support a family. However, wages in general are insufficient to
support a family, and many civil servants and other workers must find
second jobs, grow their own food, or seek other ways to feed their
families.
Although there is no legal maximum workweek, the normal workweek is 40
hours, and time and a half is paid for each additional hour worked.
The only occupational health and safety legislation is contained in the
outdated Factories Act of 1954, which does not address many present day
working hazards. The act does not permit workers to excuse themselves
from dangerous work situations without jeopardy to continued employment.
The Ministry of Labor's Department of Occupational Health is responsible
for enforcement, but in practice inspections are rare.
(###)
[end of document]
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