Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Minimum Age (Underground Work) Convention, 1965 (No. 123) - Uganda (Ratification: 1967)

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Article 4(5) of the Convention. Special register kept by the employer. In its previous comments, the Committee 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.

The Committee notes that the Fifth schedule of the Employment of Children Regulations requires employers to indicate the name, age and nature of work of children employed who are between 15 and 17 years of age. The Committee also notes that section 5 of the Employment of Children Regulations No. 17 of 2012, read in conjunction with section 2 prohibits the employment of children under the age of 18 years in work which is injurious, dangerous or hazardous, including work underground, in water or at heights while the list of hazardous work prohibited for employment of a child of 18 years include work in the mines (section 6 and First Schedule).

In view of the above, the Committee would like to draw the Government’s attention to the decision taken by the Governing Body with regard to the Convention following its examination by the Working Party on Policy regarding the Revision of Standards (GB.270/LILS/3 (Rev.1)). The Governing Body decided to invite States parties to Convention No. 123 to contemplate ratifying the Minimum Age Convention, 1973 (No. 138). The ratification of Convention No. 138 by a State party to Convention No. 123, ipso jure, involves the immediate denunciation of the latter if the State accepts the obligations of Convention No. 138 and either, in accordance with Article 2 of that Convention, specifies a minimum age of not less than the age specified in pursuance of Convention No. 123, namely 16 years, or specifies that such an age applies to employment underground in mines in virtue of Article 3 of Convention No. 138 (Article 10 of Convention No.138).

The Committee notes that Uganda ratified Convention No.138 on 25 March 2003 and specified a minimum age for admission to work or employment of 14 years, which is lower than the age specified for Convention No. 123 (16 years). It further noted that the Government has not specified that Article 3 of Convention No. 138 applies to underground work. Consequently, the ratification of Convention No. 138 by Uganda has not resulted in the automatic denunciation of Convention No. 123. Noting that the national legislation prohibits underground work and work in mines by young persons under 18 years of age, the Committee accordingly, draws the Government’s attention to the fact that a formal declaration specifying that Article 3 of Convention No. 138 applies to underground work would result in the denunciation with immediate effect of Convention No. 123. In view of the above, the Committee suggests that the Government might consider the possibility of issuing a declaration indicating that Article 3 of Convention No. 138 applies to underground work, thereby resulting in the denunciation of Convention No. 123.