Country Report on Human Rights Practices for 1989
UGANDA
.
The National Resistance Movement (NRM), led by Yoweri
Museveni, took power in 1986 following a 5-year guerrilla war
against the Obote and Okello regimes. The NRM declared that
it would rule as an interim government for 4 years and then
turn power over to an elected government. In October 1989,
the National Resistance Council (NRC) extended the interim
period for an additional 5 years, citing delays caused by a
3-year old insurgency. President Museveni, backed by the
military, serves as chief executive. Minister of Defense, and
Chairman of the NRM and NRC. Thirty-eight unelected members
of the NRC exercise a strong influence on the body and
dominate the Government's policy organ, the National Executive
Committee (NEC).
The security apparatus is composed of the National Resistance
Army (NRA) and the police. The 65,000 strong NRA, a
disciplined force during its earlier days, absorbed thousands
of soldiers from previous regimes as part of the Government's
policy of reconciliation with former opponents. Consequently,
discipline declined, particularly in the contested areas in
the north and east where several serious incidents of NRA
abuse of authority were reported in 1989. NRA soldiers and
deserters committed hundreds of burglaries, automobile
hijackings, and other crimes throughout the country. The
police force now numbers over 13,000 and is expected to rise
to over 20,000 by the mid-1990's. Meanwhile, the military
continues to perform many police tasks. The Internal Security
Organization (ISO) and military intelligence, both entirely
staffed by the NRA and both involved with combatting internal
subversion, have been accused of human rights violations.
Uganda is dependent on coffee for over 95 percent of its
export earnings and was seriously affected in 1989 by the
further collapse of coffee prices and the demise of the
international coffee quotas. In fiscal year (FY) 1988/89,
Uganda received over $550 million in foreign grants and
concessional loans—twice what it earned from exports.
Producer prices for farmers and wages for salaried workers are
extremely low. Uganda has participated in International
Monetary Fund structural adjustment programs since 1987. In
1989 the NRM leadership reaffirmed its goal of privatizing a
number of state enterprises and promoting the private sector.
Although gross national product grew by an estimated 7.2
percent in FY 1988/89, per capita income and production
remained well below levels reached in the late 1960's.
Disrespect for the rights of civilians by all parties to the
military conflict in the north and east remained pervasive in
1989. Credible reports of civilian casualties, illegal
detentions, and torture by the NRA continued. The rebel
Ugandan Peoples Army continued to assassinate local Resistance
Council officials while remnants of the Holy Spirit Movement
(Section l.g.) continued their practices of forced
recruitment, kidnaping, and summary executions. Other
abridgements of human rights in Uganda included laborious
trial procedures, restrictions on freedom of speech, assembly
and association, and the inability of citizens to change their
government. The Government formed a Constitutional
Commission to prepare a draft constitution by 1992, but later
extended the NRM's interim period through 1995. President
Museveni announced a personal commitment to end the problem of
illegal detention of suspected rebel opponents or sympathizers
("lodgers") (see Section l.d.). Although an estimated 1,500 lodgers remain in custody, over 1,000 were released inAugust. Nationwide elections to the National Resistance
Council and local resistance councils were held in February
and March using the queuing method in lieu of the secret
ballot. The Government also established two commissions of
inquiry to investigate egregious incidents of NRA atrocities
against civilians. At year's end no results had been
announced.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including Freedom from:
a. Political and Other Extrajudicial Killing
Most political and other extrajudicial killings occurred as a
consequence of military conflict between the NRA and
opposition elements, and there was clear evidence that all
parties engaged in such killings (see Section l.g. for
details). As fighting in the north and east declined in the
latter part of 1989, the number of killings fell.
b. Disappearance
Reports of disappearance, common under previous regimes,
markedly declined under the NRM Government. Many persons
thought to be missing turned up as lodgers (see Section
l.d.). The lack of an institutionalized process of
identifying prisoners held as lodgers seriously hampered
efforts to account for missing persons.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Torture and inhuman treatment are not sanctioned by Ugandan
law, but for many years extreme forms of torture took place at
detention centers, particularly military barracks where
political prisoners were often held illegally. There are
credible reports that the NRA engaged in inhuman treatment and
torture in its own detention centers which remained outside
the effective jurisdiction of Ugandan law. In quarterly
reports for 1989, the Ugandan Human Rights Activists (UHRA)
stated that military interrogators routinely administer
torture in Room 68 of the central police station. The UHRA
quarterly report for April through June 1989 offered the names
of persons who allegedly were tortured to death by military
interrogators at Makindye barracks, Mbuya barracks, and Basima
House in Kampala. An Amnesty International (AI) report on
Uganda also documented instances of torture in military
barracks, at the Kampala headquarters of military
intelligence, and at the offices of the Internal Security
Organization.
The "three-piece tie," a form of torture which entails tying a
person's arms behind the back until the elbows meet, is still
used by military interrogators, even though President Museveni
has declared it to be against official government policy.
This painful procedure can lead to gangrenous infections of
the hands and arms as well as rupture of the breastbone and
asphyxiation. A variant on the three-piece tie, called the
"suitcase" or "briefcase," in which, following a three-piece
tie, the feet are tied back, is also used. The victim is then
dragged on the ground or suspended in the air by a rope.
Human rights activists report that the three-piece and
suitcase ties are employed on prisoners held by the NRA in
military barracks, by the NRA-staffed ISO and by military
intelligence. In October 1988, six members of the ISO were
arrested in connection with the death by torture of a civilian
in their custody. The six were released in early 1989 for
lack of evidence. No NRA soldier or security official was
known to have been charged for torturing prisoners in 1989.
Unlike the situation in military barracks, physical abuse in
civilian prisons is relatively rare, but chronic shortages of
resources and overcrowding have resulted in substandard
conditions. The Government permitted the International
Committee of the Red Cross (ICRC) to visit prisons throughout
the country and took a number of steps to improve conditions.
d. Arbitrary Arrest, Detention, or Exile
The problem of "lodgers"—persons from the insurgent areas who
are suspected of being rebels or rebel sympathizers and held
indefinitely without charge or benefit of due process of
law—continued in 1989. The number of lodgers declined from
nearly 3,000 in January 1989 to fewer than 1,500 by the end of
the year, however. In June President Museveni called upon the
NRA and the local resistance committees in the insurgent areas
to speed up the screening of lodgers. In August over 1,000
lodgers were released. The Government has detained among the
lodgers a number of children between the ages of 13 and 15.
Many were released in 1988 and 1989 but an estimated 100 were
still being held at the end of 1989.
Persons may be detained in political and security cases under
the Public Order and Security Act of 1967, which permits
unlimited detention without charge. In 1989 no one was
charged under this law.
Exile is not used as a means of political control. The
Government announced a general amnesty in June 1988 which
remains valid for rebels not guilty of crimes against
civilians. In 1989 several thousand rebels who surrendered to
local authorities in accordance with amnesty provisions were
treated humanely, confined to reeducation camps, and
screened. Many were subsequently released, although several
hundred remain in rehabilitative detention.
With regard to forced or compulsory labor, see Section 6.c.
e. Denial of Fair Public Trial
The court system consists of magistrates courts, the High
Court, and the Supreme Court. The Ugandan judicial system
contains procedural safeguards modeled after British law,
including the granting of bail and the right to appeal a
verdict to a higher court. Members of the legal profession
are highly educated, and are generally committed to giving the
accused a fair public trial. A systemic shortage of resources
and manpower ensures that the process is slow and inefficient,
however. Criminal investigators lack everything from
transport to forensic aids to pens and paper. Judges are too
few in number to handle the huge backlog of cases and are
hampered by a lack of such basic tools as equipment for
recording court proceedings. In most cases, evidence at
trials is recorded in long hand by the presiding judge or
magistrate. The result of the investigative and judicial
delays is that individuals charged with capital offenses
typically wait 2 to 3 years or more for a verdict.
In June the NRC passed a controversial bill which would bypass
the normal judicial processes in regions declared to be under
a state of insurgency. The bill is designed to end the
detention of lodgers by creating special magistrates courts in
areas of insurgency which would expedite verdicts on suspected
rebels or rebel sympathizers. The new courts would consist of
five persons: a magistrate, two persons appointed by the
district RC chairman, and two NRA officers. They would be
empowered to hear capital cases and impose the death penalty.
If implemented, the new law would considerably erode many
legal guarantees to a fair trial. Search and seizure of
evidence by the NRA or police would be permitted in insurgent
areas without a warrant. Suspects would be held indefinitely,
without formal charges, while their cases are being
investigated. Bail would not apply. Hearsay and
uncorroborated evidence would be admissible. The burden of
proof could be shifted to the accused at the discretion of the
court. As fighting in the north and east dropped off during
the latter half of 1989, the new law was not put into effect.
But it remains on the books should the President officially
declare a region to be an insurgent area.
Other than the lodgers, Uganda is currently holding no
prisoners for purely political offenses. The trial of Charles
Kagenda-Atwooki , former Secretary for Information of the
Uganda People's Congress (former president Obote's party) is
still pending. Atwooki was granted bail in September 1988.
When arrested in 1987 Atwooki was charged with engaging in
acts of terrorism and possessing seditious materials. The
terrorism charge has since been dropped. Joel Walehwa,
arrested and held incommunicado by security officials in 1988
prior to being formally charged with treason, was released in
September after all charges against him were dropped.
f. Arbitrary Interference with Privacy, Family, Home, or Correspondence
Under the NRM, interference by authorities with personal
privacy and family life has greatly diminished. Roadblocks,
which had been places of terror under previous regimes when
unruly soldiers could rob and extort at will, are far fewer in
number and no longer sites of abuse. Criminal elements are
present in the NRA, but they must act in secret because theft
is strictly punished under the NRA code of conduct.
Nonetheless, NRA soldiers are commonly implicated in such
crimes as the hijacking of private vehicles and armed
robbery. In the contested areas of the north and east, NRA
soldiers turned to stealing, looting, and other abuse of their
authority. Although required by law, search warrants are
rarely obtained.
There was no indication that the Government interfered with
private correspondence in 1989.
g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts
The civil conflict between the Government/NRA and disparate
rebel groups in the north and east continued throughout 1989
(although at a reduced level late in the year) and resulted in
massive violations of humanitarian law by all parties. In the
north, remnants of General Basilio Okello's army have waged
guerrilla war in the countryside, and, in the east, the rebel
Ugandan People's Army (UPA) has conducted terrorist operations.
AI cited a report from a Resistance Council (RC) chairman in
Gulu which described the deaths of 88 civilians at the hands
of the NRA between December 7 and 25, 1988. According to the
report, in one incident 45 civilian prisoners were forced into
a grass hut and then burned to death. Both AI and the UHRA
concluded that the incidents were not isolated but part of a
larger pattern of similar abuses which took place in Gulu
during the period under review. The then Army Commander,
Major General Elly Tumwine, condemned the incident and
announced that a commission of inquiry had been formed to
investigate it. No results had been announced by the end of
1989. In July NRA Major Kategara ordered cordon and search
operations in Kumi District. Kategara's Special Brigades
committed widespread abuses, including the burning of farms
and the indiscriminate killing of civilians. The rampage
through Kumi culminated in the death by suffocation of 69
suspected rebels who had been detained in railway cars in
Mukura. The then NRA Commander Salim Saleh accepted blame for
the railway deaths and admitted that the civilians killed in
the railway cars had been innocent. Fourteen soldiers
involved were placed under arrest pending the findings of a
commission of inquiry. Again, no results had been announced
by year's end. President Museveni subsequently toured the
region and offered his condolences to the families of the
victims.
Another 50 civilians were killed in Soroti during similar
cordon and search operations in July. In the village of
Tubur, 30 kilometers south of Soroti, 18 people were reported
killed at the home of a man named Emesu. Most were cut to
death with long blades known as pangas. While residents
blamed the NRA, the army has been willing to admit only that
some civilians may have died in a crossfire.
The UPA rebels continued their program of terror and
assassination against members of local government Resistance
Councils in eastern Uganda which has claimed the lives of
dozens of RC officials in recent years. Similarly, remnants
of the Holy Spirit Movement (HSM) rebels continued their
practices of kidnaping, forced recruitment, and summary
executions of opponents. A common HSM tactic was to raid
secondary schools to force boys to serve as rebels or porters
and girls to serve as sexual captives. Those who refused to
cooperate were often hacked to death. Victims of
insurgent/bandit forces were most often rural civilian
inhabitants rather than military forces. At least several
hundred persons died in such raids and ambushes. On Ugandan
Independence Day, October 9, the Rwenzururu rebel group, which
advocates independence for the Bakonjo people of the Rwenzori
mountains, attacked a subcounty headquarters in Kasese killing
several civilians including a subcounty chief and the chairman
of the subcounty Resistance Council.
During 1988 and early 1989, NRA policy in Gulu and Soroti was
to burn granaries and intentionally displace civilians to deny
support to the rebels. As a result, there were over 100,000
dirsplaced persons in northern and eastern Uganda in January
1989. As security improved later in the year, the NRA
reversed itself and encouraged farmers to return to their
villages.
The ICRC provided considerable emergency food aid to the
displaced, but assistance to 25,000 displaced persons in
Soroti was cut off early in 1989 after an ICRC relief convoy
was ambushed by rebels. A Ugandan worker employed by ICRC was
killed, and three others were injured in the attack. Rebels
also attacked the United Nations High Conunissioner for
Refugees' (UNHCR) Sudanese refugee camp at Ajumani in an
effort to loot food stores. Transportation of relief supplies
in the north and east was seriously impeded by sporadic
rebel/bandit ambushes.
In September President Museveni hosted a 4-day meeting of the
National Resistance Army Council at State House. As in the
past, the President stressed that soldiers are expected to
obey all laws and that violators of the NRA code of conduct
would be severely punished. Hundreds of NRA soldiers are
detained in Luzira prison in Kampala and at various military
barracks for a wide variety of crimes, with armed robbery
being the most common. NRA soldiers guilty of gross
indiscipline face the death penalty. Three soldiers convicted
of rape in Atiak were executed by firing squad in February.
Two soldiers were executed by firing squad in June for armed
robbery and murder of civilians committed in Gulu. In
November three soldiers were executed in Kumi district after
being found guilty of committing murder and rape in Ngora town
3 days before. The total number of such executions in 1989 is
not known but is estimated at 15 to 20.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech in Uganda is restricted by the ban on
partisan political activity and government sensitivity about
press reports covering the activities of armed opposition
groups and allegations of NRA abuses. Political parties may
not hold press conferences or organize rallies and other
functions at which party officials would speak. Partyoriginated
criticism is more freely expressed in the press.
The Democratic Party (DP) maintains a party newspaper. The
Citizen, which is often critical of government policy as is a
DP-af filiated magazine. The Exposure. Throughout the interim
Government's rule, DP leaders have tried to sidestep the ban
on party activity by issuing circulars describing the party's
positions. Three such circulars were released in 1989 without
incident.
Over 15 newspapers publish a wide range of viewpoints covering
the political spectrum. This coverage includes reporting of
human rights violations, the ongoing civil war, and alleged
corruption by government and army officials. The Government
supports an official paper. The New Vision, which, despite its
affiliation, has reported accurately and at times aggressively
on allegations of human rights abuses by the NRA. While
criticism of government policies is common, journalists know
that direct, personal criticism of the President is
forbidden. Journalistic standards tend to the sensational,
and some papers show little regard for accuracy.
In 1989 the authorities did not detain or charge any
journalist for criticizing the Government. The Government has
attempted, however, to intimidate critical journalists in
previous years, e.g., Francis Odida, editor of the Sunday
Review in 1988 on charges of treason, apparently for writing
an article sympathetic to the Holy Spirit rebels. In 1989 it
continued with new attacks against journalists accused of
false reporting intended to cause harm to the Government. In
August Tony Awano, reporter for the newspaper Focus, was
arrested and charged with publishing libelous informationUGANPA
against NRA Col. Kyaligonza. Awano was released on bail
pending trial. The editor of the newspaper Citizen, Joseph
Kigundu, faces four such libel cases, one of which was
incurred in 1989, and is also free on bail. In March the NRM
Political Commissar urged journalists to develop a code of
conduct to improve journalistic standards. In August the
Minister of Information called newspaper editors to his office
to warn them to desist from reporting "alarmist and seditious
stories .
"
b. Freedom of Peaceful Assembly and Association
Permits for public gatherings must be obtained from police
authorities, who have the right to deny the permit in the
interest of public safety. The ban on the activities of
political parties has greatly restricted their ability to
congregate. In October the Government denied permission to
the Democratic Party to celebrate its 35th anniversary in a
public meeting.
Private, trade, labor, religious, professional, and ethnic
associations are not impeded.
c. Freedom of Religion
There is no state religion in Uganda. Christianity, Islam,
and African traditional religions are freely practiced.
Conversion between religions is not obstructed. There is no
government control of religious publications, even those with
an antigovernment bias. Foreign clergy are welcomed in Uganda
and are not discriminated against by the Government.
President Museveni met with religious leaders of various
denominations several times during 1989 and assured them that
the NRM respects the separation of church and state.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
In theory, Ugandans may work or live anywhere in the country
and move about freely within it. In practice, travel in areas
of northern and eastern Uganda in 1989 remained difficult due
to sporadic attacks by rebels and armed bandits. Freedom of
movement improved in the latter half of the year as security
was restored to more regions. More than 100,000 formerly
displaced persons in Gulu and Soroti district have returned to
their villages (see Section l.g.). There are no restrictions
which prevent Ugandans from emigrating or from engaging in
foreign travel. Mismanagement in the immigration department
resulted in a complete shutdown of passport issuance in
September and October, however.
In the early 1980 "s Uganda was the second largest generator of
refugees in Africa. Virtually all of the more than 300,000
Ugandan refugees who fled to Zaire, Rwanda, and Sudan have
returned. Indeed the trend has reversed. Because of rebel
activity by the Sudanese People's Liberation Army, over 50,000
Sudanese refugees fled across the border to refugee camps in
northern Uganda, the majority in early 1989. There were no
instances of forced repatriation or resettlement of refugees
with asylum in Uganda in 1989. When a group of 238 Ugandan
refugees were forcibly repatriated from Kenya in April 1989,
the Government detained some 60 of them. About half of the 60
persons were screened by the Government and released within a
month. The others participated in a political
reeducation/rehabilitation course and were released before the
end of the year. In December several dozen ethnic Somalis,
many of whom claimed to be Kenyan citizens, sought political
asylum in Uganda. As of the end of the year neither the UNHCR
nor the Government had decided their cases.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Ugandans do not have the right to change their government by
democratic means. The current form of government, known as
the Resistance Council system, was instituted by the NRM after
it took power in 1986. Having originally pledged to restore
elected government by 1990, the NRM has now said it will give
up power to an elected government under a new constitution in
1995. In the interim. President Yoweri Museveni, who has
sought no electoral mandate to legitimize his rule, exercises
control by virtue of his chairmanship of the NRM/NRA and his
control over the military. He has appointed a large and
broad-based Cabinet which includes leaders from all major
ethnic, religious, and political groups.
In 1986 the NRM established the National Resistance Council as
its Parliament. Until 1989, it was exclusively made up of
appointees: 38 historical members (the vanguard of the NRM,
who are popularly known as the "bushmen") and government
ministers. In February and March 1989, the NRM held
nationwide elections to the local resistance councils (except
in Gulu where no elections were held for security reasons) and
to the National Resistance Council. While elections at all
levels were competitive and all citizens were eligible to vote
or stand for office, voting was by queuing, i.e., citizens
indicated their preference by lining up behind their
candidate. The new NRC thus consists of 258 persons: the 190
elected members; the 38 "bushmen;" 10 appointees from the NRA;
and 20 additional presidential appointees. Effective power,
however, continues to be exercised by the President.
Representatives from many tribal, religious, and political
factions, including prominent individuals from previous
governments, were elected to local and regional resistance
councils as well as to the expanded National Resistance
Council.
A 21-member Constitutional Commission became operational in
1989 and embarked on a series of constitutional seminars which
will take it to all of Uganda's 702 subcounties by 1991. The
stated goal is to involve all Ugandans in the constitutionwriting
process. Constitutional issues were prominently
discussed in the press throughout 1989, with a wide variety of
views on the future system of government being expressed.
Section 4 Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
Respect for human rights is one of the cardinal principles on
which the NRM came to power and continues to serve as a basis
of the regime's legitimacy. As a result, the Government is
sensitive to international public opinion and has shown a
willingness to discuss human rights problems with
international human rights organizations. AI representatives
visited Uganda in January and subsequently issued a report,
Uganda: The Human Rights Record 1986-1989, which received
considerable attention in the local press. Government leaders
felt that the report was overly critical in some areas. In
May President Museveni met with AI representatives to discuss
it. In July the Minister of Justice met with diplomats to
answer publicly charges made by AI and explain the
Government's human rights policy. The attention given to the
problem of lodgers by domestic and foreign human rights groups
and by diplomatic observers may have influenced the
Government's pledge to end the lodger problem.
The ICRC continued to operate in Uganda in 1989. ICRC
delegates visited prisons, traced missing persons, and
assisted in family reunification as well as providing relief
in conflict areas. In late 1988 and early 1989, ICRC was
permitted to visit military barracks where many political
detainees are held. ICRC also conducted human rights seminars
for the NRA.
The Office of Inspector General of Government (IGG) was
established by the NRM in 1986 to investigate government
corruption and human rights abuses in the current
administration. The IGG focused its efforts more on the
former than the latter in 1989. Investigations into abuses
alleged to have been committed by the NRA in the insurgent
areas are conducted by the NRA itself. The IGG has no role or
investigative machinery to conduct investigations in this
crucial area. An independent human rights organization, the
UHRA, also monitors human rights developments in Uganda.
While the Government had been hostile to the group in previous
years and imprisoned its Secretary General in 1987-1988,
relations improved significantly in 1989. Government
officials, including several ministers, participated in the
two human rights seminars that the UHRA sponsored in 1989.
UHRA publishes a magazine. The Activist, and produces
quarterly reports on human rights without government
interference. The Uganda Human Rights Commission, appointed
in 1986 by Museveni to investigate human rights abuses under
previous regimes, continued its information-gathering
activities in 1989.
Section 5 Discrimination Based on Race, Sex, Religion, Language, or Social Status
Africans of three ethnic groups--Bantu (south), Nilotic
(north), and Nilo-Hamitic (east) --constitute most of the
population. Ethnic cleavages, tribalism, and religious
intolerance underlie much of the cycle of war and political
strife that has plagued Uganda for decades. The NRM
Government has publicly repudiated tribalism and has
introduced policies to prevent discrimination in housing,
employment, education, and social services based on race, sex,
religion, language, or social status. It has advocated
national reconciliation, stating that all citizens are
Ugandans first and foremost. This goal is symbolized by
efforts to include at least 1 representative from almost every
major tribal, regional, and religious group in the NRM's 76-
member Cabinet.
Women played an important role in the NRA's bush war, serving
as soldiers, intelligence operatives, and support personnel.
The NRM created a Women's Development Secretariat charged with
educating and politicizing Ugandan women, as well as a
National Council of Women which is part of the Ministry of
Local Government with responsibility for coordinating the
activities of women's groups throughout Uganda. Women's
overall status shows significant variations between ethnic
groups. Women are not legally discriminated against or
officially restricted from seeking education or employment.
Even in urban areas, however, their access to education
declined disproportionately with the deterioration of the
educational system and economic stagnation. There are
significant wage differences in favor of men in similar
positions held by men and women.
The NRM has committed itself to the protection of women's
rights. Domestic violence against women is a relatively
common practice in Uganda, however, and the Government has not
comprehensively studied the issue. Women seldom report such
abuse to the authorities. Traditionally, problems such as
wife beating are adjudicated by tribal or village elders.
Women in cities can turn to the courts but very few do. The
Ugandan Association of Women Lawyers is an affiliate of the
International Federation of Women Lawyers (FIDA) . It founded
a legal clinic in Kampala in 1988 to provide counseling and
advice to poor women. The Association is working to promote
respect for the rights of women and has formed a committee to
study the issue of domestic violence. Female circumcision is
not practiced by most Ugandan ethnic groups and has been
actively discouraged by the Government where it does occur.
Section 6 Worker Rights
a. The Right of Association
Under Ugandan law, all workers, with the exception of skilled
employees in the civil service, have the right to form
unions. The National Organization of Trade Unions (NOTU)
,
Uganda's independent national labor federation to which all
unions are by law affiliated, held its first free elections in
5 years in early 1986 and began rehabilitating regional union
structures. Membership in NOTU-af filiated unions numbers
approximately 100,000 out of 240,000 workers employed in
private and state-owned industries. Relations between the
Government and NOTU are cordial. President Museveni met with
the NOTU leadership in May and expressed his support for the
labor movement. NOTU's influence on the overall economy
remains marginal since over 90 percent of the Ugandan work
force consists of peasant farmers. Even among industrial
workers, high inflation and lack of transport have made it
difficult for individual unions to organize, especially
outside the major commercial centers of Jinja and Kampala.
The Government recognizes the right of workers to strike but
prefers that they first exhaust more conciliatory methods of
resolving labor disputes. Several strikes took place in 1989
including actions by bank employees, workers at Lugazi sugar
works, and the employees of Ugil textiles. All were settled
peacefully.
The most notable strike of 1989 was by the faculty and staff
of Makerere University. As skilled civil service employees
they may not unionize or strike. When their employee
association nonetheless called a strike in May to highlight
their demand for a "living wage," the Cabinet threatened to
dismiss them and evict them from university provided housing.
At the last minute. President Museveni intervened and arranged
a settlement.
NOTU is affiliated with the Organization of African Trade
Union Unity.USMUh
b. The Right to Organize and Bargain Collectively
The right to organize and bargain collectively is recognized
by law and established in practice. Union officials are not
harassed, and unions have access to the industrial court.
Under the Trade Disputes, Arbitration and Settlement Act, the
industrial court hears and arbitrates trade disputes referred
to it by either the Minister of Labor or the parties to the
dispute. Through this mechanism disputes involving unions
representing textile, postal, and railway workers were
resolved in 1989. For some years the ILO Committee of Experts
(COE) has noted that employees of the Bank of Uganda, "who
cannot be considered to be public servants engaged in the
administration of the State," do not enjoy the rights
guaranteed by ILO Convention 98 on the Right to Organize and
Collective Bargaining which Uganda has ratified. The COE has
requested that the Government take steps to rectify the
situation. There are no export processing zones in Uganda.
c. Prohibition of Forced or Compulsory Labor
Forced or compulsory labor is prohibited by law. Under the
NRA code of conduct, soldiers tried by military tribunals can
be sentenced to forced labor as part of their punishment.
There have been reports of forced labor at NRA camps where
captured rebel soldiers are "rehabilitated."
d. Minimum Age for Employment of Children
Most of Uganda's 16 million people live in rural areas on
subsistence farms. In the modern wage sector the legal
minimum age for employment is 12 years except for light work
which the Minister of Labor may exempt. There are legal
restrictions on employing persons under 16 years of age in
mining and night work, except in the case of apprenticeship.
Enforcement of minimum age restrictions is limited, but few
children are employed in the wage sector due to the scarcity
of jobs and the large pool of unemployed adults. Many
children, however, work as market boys, car washers, and
street vendors in the towns.
e. Acceptable Conditions of Work
The normal workweek is 48 hours. Time and a half must be paid
for each additional hour worked. Wages are unrealistically
low compared to the cost of living. An entry level clerk in a
government ministry could expect to earn about $9 per month at
the parallel market exchange rate, which is the rate at which
goods are priced. The nominal minimum wage is $4 per month at
this rate. A large bunch of matoke bananas (a staple crop)
costs $2 and a pair of leather shoes costs $60. Anything that
has to be imported is prohibitively expensive for the average
wage earner. Thus, workers must either find a second job or
grow their own food to be able to feed their families and pay
primary and secondary school fees. Medical care is supposed
to be provided by employers but is generally lacking.
Occupational safety and health standards have been legislated,
but in practice labor laws are seldom enforced
