COMMITTEE ON MIGRANT WORKERS CONSIDERS INITIAL REPORT OF UGANDA

The Committee on the Protection of the Rights of Migrant Workers today concluded its consideration of the initial report of Uganda on its implementation of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Christopher Onyanga Aparr, Ambassador and Permanent Representative of Uganda to the United Nations Office at Geneva, said that there was a growing participation of Ugandans within labour markets at the regional, African and global levels. As a member of the East African Community, Uganda had adopted the Common Market Protocol, including the annexes on the free movement of persons and labour. Movement into Uganda consisted mostly of refugees from the Democratic Republic of the Congo, Burundi, Eritrea and Ethiopia. There was an information gap on migrant workers in the country, which made it difficult to regulate the inflow and working conditions of both skilled and less skilled immigrants. The number of Ugandans living abroad had increased steadily since 1990, and the United Nations estimated that more than 620,000 Ugandans were currently living outside the country; South-South migration was predominant. One of the main challenges remained the lack of regular statistics and weak management of administrative sources.

In the ensuing discussion, Committee Experts raised the issue of the absence of reliable statistics and asked what the State party was going to do in that regard. More information was sought on the involvement of civil society in dealing with migration and a question was asked on whether non-governmental organizations had participated in the drafting of the initial report. The role of private recruitment agencies and their possible connection with trafficking in human beings and sexual exploitation were thoroughly discussed. Questions were also asked, inter alia, about child labour, family reunification, the effect of the East African Community on migratory flows, reintegration programmes, consular services which Uganda provided to its citizens abroad, and the scope and effect of remittances on the Ugandan economy.

In concluding remarks, Jose Brillantes, Committee Expert acting as Country Rapporteur for Uganda, said that the delegation had done its utmost to provide adequate replies to the many questions which were raised. More elucidations and explanations on certain issues, and more detailed answers on some questions, would have been welcome. The Committee was aware of the limitations under which the delegation worked, but the commitment of the State party was appreciated. Azad Taghizada, Committee Expert acting as Co-Rapporteur for Uganda, stated that the Committee wanted to assist Uganda by providing advice and guidance, and giving an idea on the way forward. Everything the Committee did was meant to help Uganda. The Committee remained concerned over Uganda’s reservation to provision 18.3.d of the Convention.

Madada Kyebakoze Sulaiman, Minister of State for the Elderly and the Disabled of Uganda, in concluding remarks, stated that all the issues raised by the Committee were of concern to the Government. When there were limited resources, major infrastructure projects were often given priority over social issues. Issues of migrant workers and workers in general deserved to be given and even higher profile. The Minister would look into the issue of the reservation to provision 18.3.d and revert.

The delegation included representatives of the Ministry for the Elderly and the Disabled in the Ugandan Cabinet, and the Permanent Mission of Uganda to the United Nations Office at Geneva.

The Committee will next meet in public on Friday, 24 April at 5:30 p.m. for the public closing of the session.

Report

The initial report of Uganda (CMW/C/UGA/1) can be found here.

Presentation of the Report

CHRISTOPHER ONYANGA APARR, Ambassador and Permanent Representative of Uganda to the United Nations Office at Geneva, said that the migratory patterns in Uganda existed within diverse social, political and economic contexts driven by political factors, poverty, rapid population growth and the porosity of international borders. Currently, there was a growing participation of Ugandans within labour markets at the regional, African and global levels. While for much of its post-independence history, until the mid-1980s, Uganda had been mired in civil war and ethnic strife, since the multiparty elections in 2006, the country had progressed towards democracy. The percentage of the population living below the poverty line had significantly declined, but northern Uganda faced various economic and security challenges, caused by the armed conflict between the Lord’s Resistance Army and the Government of Uganda.

As a member of the East African Community, Uganda had adopted the Common Market Protocol, including the annexes on the free movement of persons and labour. Movement into Uganda consisted mostly of refugees from the Democratic Republic of the Congo, Burundi, Eritrea and Ethiopia. Routine labour inspections had shown that migrant workers with similar skills as Ugandans were paid more for the same or even less work. There was an information gap on migrant workers in the country, which made it difficult to regulate the inflow and working conditions of both skilled and less skilled immigrants. At the same time, the number of Ugandans living abroad had increased steadily since 1990, and the United Nations estimated that more than 620,000 Ugandans were currently living outside the country. South-South emigration was predominant, with 82 per cent of Ugandan emigrants living in Africa and only 12 and 5 per cent were in Europe and North America, respectively. Those statistics did not reflect temporary labour migrants, so the total number might be much higher. Internal migrants represented approximately 6 per cent of the Ugandan population, while the number of internally displaced persons had steadily decreased over the years.

Remittances accounted for approximately 5.65 per cent of Uganda’s Gross Domestic Product, and had grown by 300 per cent since 1999. Two-thirds of the remittances were used for household consumption, including education. While migration expanded employment opportunities and led to the overall livelihood improvement, it had also been linked to the spread of diseases, especially in places where the public health surveillance system was weak. Labour migration had played an important role in filling labour needs in agriculture, construction, health and other sectors, while remittances, knowledge and skills transfers had in some cases made major contributions to the economies of origin countries.

It was expected that the general mobility to and from Uganda would increase, particularly within the East African region. The elimination of work visas in Uganda for the citizens of the East African Community would be reflected in an increase in the foreign-born population in the country. Emigration patterns were also likely to continue to grow steadily, as Ugandans were pulled into the regional and international labour markets, both as skilled and unskilled labour. The number of Ugandan workers abroad could increase dramatically if bilateral labour agreements were signed with major labour importing countries. Internal migration was also expected to continue rising, particularly in response to unemployment pressures and natural disasters.

One of the main challenges remained the lack of regular statistics and weak management of administrative sources. Not all of the collected data was digitalized, centralized and available for analysis, or desegregated. No surveys focused on migration had ever been conducted in Uganda. It was also difficult to measure the impact of migration on health, human resources and education sectors. Such an inadequate oversight could contribute to serious and systematic violations of the rights of migrant workers. A number of abuses had been reported, involving private recruitment agencies, including confiscation of passports and fraudulent misrepresentation of the type of work for which people were being hired.

Countries of origin and destination had differing responsibilities to protect the rights of migrant workers at all stages of migration. Shared responsibility was paramount and was to be conducted through the supervision and regulation of international labour migration and engagement in international cooperation in the interest of promoting and protecting the rights of migrant workers, concluded Mr. Aparr.

Questions from Committee Experts

AZAD TAGHI ZADA, Committee member serving as Country Rapporteur for Uganda, said that the most important thing was to know to which degree the provisions of the Convention were implemented. Could the provisions be directly invoked in courts? The Government of Uganda had accepted the Convention with reservations. Did the State party provide free legal aid to those migrant workers who could not afford it?

More details on statistics were asked, on migratory flows in and out of Uganda. How many Ugandans were migrant workers? What were the main countries of destination?
Were there any consular services provided to them in those countries? Did Uganda’s consular offices make it possible for Ugandans abroad to participate in national elections?

JOSE BRILLANTES, Committee member serving as Co-Rapporteur for Uganda, said the Committee was happy with the steps taken by the State party to protect the rights of migrant workers. The Government of Uganda was in the process of drafting a migration policy and immigrants policy. Were those drafts in line with the Convention?

Was it true that Uganda was preparing to send 250 health workers to Trinidad and Tobago, given that there were not sufficient health workers in Uganda itself?

There was a law in Uganda criminalizing homosexuality. The Expert asked whether migrant workers were in danger in Uganda should they fall into that particular category.

The Committee was somewhat disturbed at the admission that there was no civil society participation in the preparation of Uganda’s report. It was consoling that the Office of the High Commissioner for Human Rights had helped the State party in the preparation of the report. What other Ministries had taken part in the preparation of the report? Was there any training and dissemination specifically in order to enshrine the principles of the Convention with other relevant stakeholders within the Government?

The Expert wanted to know whether migrant workers were allowed to join labour unions and if there were any restrictions in that regard.

What was the role of recruitment agencies and how were they controlled?

What concrete measures had the State party taken to ensure that the situation of irregular migrants and members of their families in the Ugandan territory did not continue?

Another Expert asked about high rates of illiteracy.

The issue of child labour was raised by the Expert. Was the law on children connected to the list of dangerous jobs for children?

Over the previous five years, there had been cases of collective expulsion. Could the delegation provide information on the circumstances?

Given that Uganda was in a turbulent region, had there been any cases of torture against migrants by police or military authorities? Had there been any court cases in that regard, or had any deaths been registered?

On social security, a question was asked on what specific steps had been taken to guarantee the equal treatment of foreigners and nationals.

What had been done to disseminate the Convention and to train security forces, border officials, judges and prosecutors? Were they all aware of the provisions of the Convention and able to apply them? The Expert asked for specific examples.

Another Expert asked about the impact of the East African Community Protocols on migratory issues.

Could the State party provide information on private employment agencies operating on its territory, and how their licenses had been issued? The Committee had been informed that such agencies were allegedly at the origin of human trafficking and sexual exploitation of migrant workers.

What was the State party doing to minimize reported difficulties in the field of migration? How were the migrants arriving to Uganda and how were Ugandan nationals moving abroad informed about their rights and duties?

Uganda was facing numerous difficulties, another Expert noted. How did the State party create balance and not discriminate between migrants from the East African Community and others?

On remittances, the Expert said that there had to be an informal inflow of money, which was higher than the one officially reported. Remittances were private money over which the State had very little control, but could provide better ways and means of utilizing it in the community.

How did the State party differentiate between refugees and labour migrants, and how was the Convention implemented in that regard?

Another Expert expressed a serious concern over the role of private employment agencies.

More than three million Ugandans were reported to live abroad. How many skilled migrants were amongst those and could Uganda benefit from a United Nations Development Programme project which helped skilled migrants return home?

How did the Directorate for Migration work together with other Ministries which all had a stake in the migration process? Could the delegation provide a more holistic view on the State party’s approach to migration policies?

Were there any specific provisions for the protection of minors in Uganda’s consular services?

An Expert wanted to learn more about reintegration programmes for Ugandan migrants who returned home, and how it was being ensured that those individuals would not emigrate again.

There seemed to be a lot of children of migrants out of school – why was that the case? In some instances, the issue of family reunification was present, when parents left abroad searching for better lives.

A question was asked about which elements of the Convention were given a priority when it came to implementation.

In terms of outflows and inflows of migrants, an Expert wanted to know how the consulates were organized and how they forged mechanisms of interaction with local communities. Were there any agreements with neighbouring countries on the protection of Ugandan migrants, especially in the area of labour?

What standards were in place to ensure that migrant workers were treated equally as Ugandan nationals? That was one of the main provisions of the Convention.

To what extent was the legal framework compatible with the provisions in the Convention, asked another Expert.

Were there provisions for foreign migrant workers to send their earnings back home?

Some information had been received from Amnesty International, according to which some 30,000 children set off to look for safe places to sleep every night. Did that phenomenon still exist, and, if so, what was being done to eradicate it?

An Expert returned to the issue of the homophobic law of Uganda, and asked if it affected migrant workers living in the country.

Was voting abroad available, and was the State party planning to establish a provision for it?

Uganda had encountered violent times in its recent past. To what extent were the provisions of the Convention applied in the regions of the country which were still turbulent?

Responses from the Delegation

MADADA KYEBAKOZE SULAIMAN, Minister of State for the Elderly and the Disabled of Uganda, said he had been Minister of State for the previous nine years and was well poised to answer the questions.

The Convention was not applied directly, it was explained.

The dynamics of migration depended on the socio-economic and political aspects. The history of Uganda proved that many people had had to leave the country due to instability. Uganda was doing a lot of trade with neighbouring countries.

The main country of destination was Kenya, followed by Rwanda. Skilled labour frequently left to the United Kingdom. Kenya was also the main transit country.

Consular offices were at the disposal of Ugandan migrant workers abroad. In case of challenges and serious issues, consular offices relayed information to the Ministry of Foreign Affairs, which could pass the information further to other relevant bodies.

Pre-departure orientation and provision of information were ensured for Ugandans going abroad. Written terms and conditions on the country of destination were provided. Thus, they knew their rights before they went away.

Uganda, as a developing country, had problems with statistics, and it was certainly a matter of concern. Currently, a national identification exercise was underway.

Private employment agencies identified employment opportunities out there, and conducted some pre-departure training. Government officials joined those sessions and provided official information. The agencies relayed information on migrant workers to relevant Ministries. If they did not do so, their licenses were cancelled.

The delegation said that the Government had undertaken a serious primary health care campaign, focused on preventive measures, which had led to an increase in average life expectancy.

The Government had decided to invest in the electrical power sector and road infrastructure, in order to attract more investors and create more employment opportunities for its citizens.

Access to primary education was provided to every person in the country. Children of migrant workers were not excluded in that regard.

An action plan was in place to combat child labour. The focus was on keeping children in education instead. The Government had also undertaken awareness-raising campaigns to inform the stakeholders on children’s rights.

On cases of torture against migrants, the delegation said that money extortion by security agencies was not allowed. Recently, a Pakistani worker had been in court over a case of sexual harassment; the case had been ruled in his favour. Everybody was equal before the law, the delegation stressed.

Migrant workers could freely participate in labour unions and there was no discrimination in that regard.

It was still too early to talk about the impact of the East African Community on migratory trends because the integration process was still underway. It was expected that migration would increase once true integration had taken place.

Uganda was looking into ways of ensuring that all employment was decent. Everybody should have fair employment opportunities. An HIV at work policy was in place.
The Government was also disseminating information through mass media, for example.

The State party was domesticating provisions of the Convention rather than applying the Convention directly, the delegation reiterated.

Collecting data had been part of the State party’s challenge. Some of the remittances were difficult to capture statistically.

The delegation stressed that no law would go under the level of the Constitution, which meant that fundamental human rights and values such as equality would be protected in all cases.

The delegation could not provide information on whether the UNDP programme on reintegration of returnee migrant workers was being applied in Uganda. Exact numbers of returnees could not be provided at the moment.

Registration of citizens remained with the Directorate of Citizens, the delegation specified.

Uganda had three consular missions in the Middle East: Riyadh, Teheran and Dubai, which were mandated to handle issues of Ugandans abroad, including migrant workers.

Retired Ugandans who returned home were automatically registered, as long as they had left and returned through official channels. Their reintegration normally took place in their local communities.

There was an action plan to eliminate child labour, the Minister reiterated. The emphasis was on bringing those children back to school.

Family was emphasized as the key socio-economic unit in the country. The Family Day was supposed to raise the awareness of the family in social and economic development.

Answering a question on which parts of the Convention were emphasized, the delegation said that the Convention was a large and complex document. Equal treatment of all migrant workers was clearly in focus there. The right to freedom of expression and access to information was also guaranteed.

The delegation said that the issue of minimal wage was still problematic.

Under the East African Community, Uganda had a number of bilateral agreements with neighbouring countries.

It was explained that the conflict between the Government and the Lord’s Resistance Army had ended about five years earlier, and the problem of child soldiers did not exist anymore.

Uganda had a free market economy, and it was currently expanding the existing system of social protection to those pensioners who were not currently covered.

The court had ruled against the law on homosexuality, the delegation explained.

National laws were applicable across the country, wherever the State had its authority.

Questions from Committee Experts

An Expert asked whether Uganda was at the moment providing free legal aid to migrant workers and members of their families, in case they needed it.

A question was asked again about the number of Ugandans who worked abroad as migrant workers. Did they have the right to participate in elections, and what kind of support did they receive?

Could more information be provided about children of migrant workers in the Ugandan territory?

Another Expert asked whether the State party planned to withdraw the existing reservations to parts of the Convention? How about ratification of a number of International Labour Organization conventions?

More information was sought on non-discrimination between documented and non-documented migrants.

What measures had the State party taken to prevent the exploitation of children of migrant workers? What were the conditions of migrant workers in detention?

The delegation was asked about specific steps taken by the authorities to ensure that migrant workers and members of their families had access to basic services, including health care.

More information was asked about trafficking in human beings. What would the delegation say about the allegations that private employment agencies had a role in trafficking and exploitation?

Were there any bilateral agreements in place with neighbouring countries with which there were most migratory flows in place?

Another Expert returned to the question on which aspects of the Convention were given priority in implementation and which were deemed impossible to implement at the moment.

The delegation had admitted a recent history of conflict and there still seemed to be instability in the border areas close to Sudan. Was the Convention being enforced there, and could its provisions be implemented in such areas?

Responses from the Delegation

The delegation said that private recruitment agencies were regulated by the Statutory Instrument 62 on Employment – Recruitment of Ugandan Migrant Workers Abroad. Such agencies were supposed to be registered with the Ministry of Labour, for which they had to deposit $ 25,000. Those companies had to indicate operational areas. If they did not follow the regulations, they could be de-registered. An example was provided of an agency whose license had been taken away.

There were many conventions in the area of labour which Uganda had not yet ratified. Once the Cabinet approved one, it would need to go to Parliament for approval.

A policy on child labour was in place, which included guidelines and definitions on what constituted child labour. Labour inspectors went to the fields to check on child labour.

In post-conflict areas where the Government had control, cross-cutting interventions had taken place, and reconstruction programmes were underway. Some of those programmes provided specific support to the children who did not go to school. People who had suffered the most in the conflict were particularly protected. Neighbouring countries also had their issues; there were people crossing on foot from South Sudan to Uganda, for example.

Information on statistics would be provided in writing subsequently.

Detention camps no longer existed in Uganda, but there were still refugee camps, in which the Government provided water, sanitation and hygiene services.

The Inter-Ministerial Working Committee was looking at the issue of migrant workers. Migration was a complex, cross-sectorial subject, which required a comprehensive approach and involvement of all stakeholders.

The delegation explained that Uganda was still in the process of restoring basic services, including health care. Emphasis was placed on electricity, roads and education, while health care still remained a challenge, for citizens and migrants alike.

Concluding Remarks

JOSE BRILLANTES, Committee Expert acting as Country Rapporteur for Uganda, took note of the fact that, in spite of the late arrival of the head of the delegation, due to force majeure, the delegation had done its utmost to provide adequate replies to the many questions which were raised. The Committee noted that in many instances the answers were still pending as the delegation would need to consult with the capital. More elucidations and explanations on certain issues, and more detailed answers on some questions, would have been welcome. The Committee was aware of the limitations under which the delegation worked, but the commitment of the State party was appreciated. No good reason was heard for the absence of non-governmental organizations in the preparation of the report.

AZAD TAGHIZADA, Committee Expert acting as Co-Rapporteur for Uganda, said that the work done together with the delegation should enable the delegation to return home and think further about issues faced by migrant workers in their country and their own nationals abroad. The Committee wanted to assist Uganda by providing advice and guidance, and giving an idea on the way forward. Everything the Committee did was meant to help Uganda. The Committee remained concerned over Uganda’s reservation to provision 18.3.d of the Convention, and encouraged the State party to consider lifting it, but practical steps were very important as well.

MADADA KYEBAKOZE SULAIMAN, Minister of State for the Elderly and the Disabled of Uganda, stated that the Committee was doing a wonderful job by engaging States parties in the dialogue and reminding them of their responsibilities and tasks ahead. All the issues raised by the Committee were of concern to the Government. When there were limited resources, major infrastructure projects were often given priority over social issues. Issues of migrant workers and workers in general deserved to be given an even higher profile. The Minister would look into the issue of the reservation to provision 18.3.d and revert via the Permanent Mission.


For use of the information media; not an official record

CMW15.005E