UGANDA CHRISTIAN UNSIVERSITY MUKONO

The centre of Excellence in the Heart of Africa

FACULTY OF LAW FACULTY

COURSE: BACHELOR OF LAWS (LLB)

NAME: BUGEMBE ANOLD

REG NO: CSI6B11/431

COURSE UNIT: LABOUR LAW 1

LECTURER: KANYAGO KALAGALA CAROLINE

TUTOR: NASSIMBWA JOCHABED

Question.

a) Assuming you are a State Attorney in Attorney General`s Chambers, prepare a legal memorandum
to the Attorney General of Uganda advising the government on its reply to the above petition.

b) In the same memorandum, advise the Attorney General on the practical challenges to realisation of
rights and remedies provided for under the Labour Unions Act, 2006 in light of socio-economic and
political circumstances of Uganda.
 LEGAL MEMORANDUM

TO: ATTORNEY GENERAL OF UGANDA, MR. BYARUHANGA WILLIAM

FROM: BUGEMBE ANOLD

RE: LEGAL OPINION ON INERNATIONAL STANDARDS ON LABOUR RIGHTS AND

CHALLENGES THAT HINDER THE REALIZATION OF WORKERS RIGHTS.

FACTS

American Labour Organisations have petitioned president Trump Donald’s administration to drop Uganda
from the AGOA trade arrangement. American Federation of Labour and Congress of Industrial
Organisations (AFL-CIO) accuse the Ugandan Government of failing to take steps to recognise workers`
rights and more so, they accuse the management of textile industries of refusing to recognise Labour unions.
Later, the AGOA girls went on strike at the Rema Textile Industries limited in Namanve and complained
about poor remuneration and mistreatment, sexual harassment, long hours of work and denial of maternity
and sick leave. The management later sacked 200 girls. The Uganda Textiles, Leather, Garment and Allied
workers union complained to the international Labour Solidarity that the management of apparels of Rema
Textile Industries Limited had refused its workers to join local unions. American petitioners go on to say that
Uganda’s failure to make continued progress towards establishing internationally recognised workers` rights
constitutes independent grounds to make it ineligible for AGOA. More so, they argue that Uganda has failed
to bring its labour laws into compliance with the international standards on freedom of association and right
to organize and bargain collectively. They further say that Uganda has allowed employers to violate workers
fundamental rights.

ISSUES.

1. Whether the Uganda is in compliance with the international labour standards on rights of employees and
eligible for African Growth and Opportunity Act (AGOA)?

2. Whether there are practical challenges to realization of rights and remedies under the labour Unions Act,
2006 in Uganda?

LAW APPLICABLE

1. The constitution of the Republic of Uganda 1995

2. The Labour Unions Act, 2006 No.7 of 2006

3. The Employment Act, 2006 No. 6/2006

4. The International Labour Organisation (ILO)

5. The Convention on Elimination of all forms of Discrimination Against Women

6. United Nations Universal Declaration of Human Rights 1948

RESOLUTION

ISSUE 1. Whether the Uganda is in compliance with the international labour standards on rights of
Employee and eligible for African Growth and Opportunity Act (AGOA)?

The African Growth and Opportunity Act (AGOA) is a United States Trade Act, enacted on 18 May 2000.
The legislation significantly enhances market access to the US for qualifying Sub-Saharan African (SSA)
countries. Qualification for AGOA preferences is based on a set of conditions contained in the AGOA
legislation. In order to qualify and remain eligible for AGOA, each country must be working to improve its
rule of law, human rights, and respect for core labour standards. The AGOA eligibility requirements are
provided for under Section 104 of the AGOA legislation. Only Sub-Saharan African countries are
considered for eligibility, and with AGOA beneficiary status having been awarded to approximately 40
countries (this number changes from time to time). While the eligibility requirements are set out in the
legislation, it is the United States which determines, annually, whether countries have met the published
eligibility requirements. Beneficiary status may therefore be granted, or withdrawn, at the discretion of the
US President.

Uganda is in compliance with the international standards on labour rights through the incorporation of these
rights in its domestic laws for example under the Constitution of Republic of Uganda, 1995, The Labour
Unions Act, 2006 No.7 of 2006, The Employment Act, 2006 No. 6/2006, Workers Compensation Act,
thereby making it eligible under the AGOA.

Firstly, is the right to freedom of association. The Black`s Law dictionary1 defines it as a right to be with
other people for a legal reason, cause or purpose with no bias or interference. Also, in the case of Collymore
v A.G2, Wooding CJ defined freedom of association to mean no more than freedom to enter into consensual
arrangements to promote the common interest objects of the associating group. The objects may be any of
many. they may be religions or social, political or philosophical, educational or cultural, sporting or

1
BLACK`S LAW DICTIONARY (EIGHTH EDITION 2004)
2
1970 AC 532 at 547
charitable. Article 2 of the International Labour Organisation 3 guarantees workers and employers to join
organizations of their own choosing without previous authorization. We also see that Uganda under Article
29(1)(e)4 provides for a right to freedom of association which states that every person has a right to freedom
of association which shall include the freedom to join associations or unions including trade unions and
political and other civil organisations.

More so the above right is enhanced in the case of Uganda Electricity Alliance Workers union v Uganda
Electricity transmission company ltd 5 where court addressed the issue as regards to peoples freedom to
form part of the labour union association of the claimant company and also pay subscription to the purpose
of which is to protect workers interests through collective bargaining, this is therefore an implication that the
Government of Uganda is protecting this right claimed therefore, the Ugandan Government is eligible for
AGOA since it has ratified and domesticated the international laws into the Ugandan laws.

Right to sick pay. An employee is entitled to sick pay where he or she is incapable of working because of
sickness or injury. This is provided for under Section 55 of the Employment Act, 2006 which states that an
employee who has completed not less than one month’s continuation service with an employee and who is
incapable of working because of sickness or injury is entitled to sick pay as in the case of Kizito v Marie
Stopes Uganda6, where the claimant a medical doctor was an employee of the respondent from 14/5/2012 on
a fixed term contract of 2 years ending May 13 th, 2014. from 4th to 14th November, the claimant did not
appear for duty according to him was sick. The respondent was concerned and demanded to know why the
claimant had not worked. According to the respondent, there were many complaints against him due on
attendance of duty. The court held that the claimant is entitled to payments for the time he was not at work
when he was sick as he was entitled under section 55(2). In the instant facts, the Agoa girls complained
about denial of sick leave which shows that the employer violated their right to sick pay and so they are
entitled to compensation. the Ugandan Government has made sure that the employee’s right to sick pay is
provided for under the laws, therefore, the Agoa girls can institute a suit against the employers seeking for
damages. Therefore, Uganda is in compliance with the International Labour standards hence eligible for the
African Growth and Opportunity Act (AGOA).

The right to strike. The right to strike is a right to free expression, association, assembly and power. The
international Labour Organisation provides that the workers have a right to strike. Uganda provides for the
same under Article 29(1)(d)7 which states that every person shall the right to freedom to assemble and to

3
Convention 87
4
Constitution of The Republic of Uganda 1995 (As Amended)
5
Labour Dispute reference No.09 of (2015) (2019)
6
Labour Dispute No.033/2015 (2017)
7
Constitution of the Republic of Uganda 1995
demonstrate together with others peacefully and unarmed and to petition. In in the instant facts, the
Management of Rema Textile Industries limited sacked 200 girls because they went on a strike. As provided
for under the Constitution, the Agoa girls have a right to strike. Similarly, in the case of Tumusiime
Richard v Mukwano8, the claimant was suspended for conducting an illegal riot and failure to obey lawful
orders. The court held that, a person has a right to strike but however it must be done lawfully. Therefore, in
the instant facts, the Agoa girls have a right to strike and so they should be entitled to Compensation. As
discussed above, Uganda ratified and domesticated the international laws into the Ugandan laws, therefore,
Uganda is eligible under the AGOA.

Right to Maternity leave. All female pregnant employees are entitled to maternity leave. Article 4 of the
(Maternity Protection Convention 2000 No.183) provides that a woman to whom this convention applies
shall be entitled to a period of maternity leave of not less than 14 weeks. Furthermore, Article 11(2)(a)(b)9
of the convention provides that, states shall take measures to prohibit the imposition of sections, dismissal on
ground of pregnancy or of maternity leave and also introduce maternity leave with pay or comparable social
benefits. Under the Ugandan laws, we see that the same is provided for under Section 56 of the
Employment Act, 2006 which states a female employee shall, as a consequence of pregnancy, have the
right to a period of sixty working days leave from work on full wages hereafter referred to as maternity leave
of which at least four weeks shall follow the childbirth or miscarriage. In the instant facts, the Agoa girls
complained of denial of maternity leave which clearly shows that the employers violated their right to
maternity leave that is provided for under the Employment Act. More so, in the case of Birungi v NLS
Waste services10, the court held that the claimant is entitled to maternity leave whether it had been granted to
her or not. Therefore, Agoa girls can bring an action against the employers seeking for damages. Therefore,
Uganda is in compliance with the international labour standards and eligible for AGOA since it has ratified
and domesticated the International laws into our laws.

A right to remuneration. Remuneration is the pay or the compensation provided in exchange for an
employee’s services performed. Article 2 of the International Labour Organisation 11 states that, every
member shall by means appropriate to the methods in operation for determining rates of remuneration,
promote and in so far as is consistent with such methods, ensure the application to all workers of the
principle of equal remuneration for men and women workers for work of equal value. Similarly, Article 23
of the United Nations Universal Declaration of Human Rights 12 provides for a right to just and favorable
remuneration. The same is provided for under Article 40(1)(c) of the Constitution of Republic of Uganda,
8
Personal Care No.022 of 2019
9
The Convention on Elimination of all forms of Discrimination against Women.
10
Labour Dispute 2017
11
Equal remuneration convention 1951 No.100
12
United Nations universal Declaration of Human Rights 1948
1995 which gives a right to every worker to be accorded remuneration for public holidays. However, in the
instant facts, the girls complain about poor remuneration. This shows that Rema Textile Industries Limited
violated the girl’s rights, therefore the Agoa girls can bring an action against them under Section 6 of the
Labour Unions Act, 2006. In relation, Article 50 of the Constitution of the Republic of Uganda which
provides for a right to claim incase his or her fundamental rights have been infringed on. Therefore, Uganda
is in compliance with the international labour standards and eligible for the African Growth and Opportunity
Act the fact that, Uganda ratified and domesticated the international laws into the Ugandan laws.

Right to be protected from Sexual harassment. Sexual harassment can be understood as a type of
employment discrimination consisting in verbal or physical abuse of a sexual nature, including lewd
remarks, salacious looks and unwelcome touching. Article 4(1) of the International Labour
Organisation13 affirms the right to freedom from violence and harassment at the worker and Article 1 of the
International Labour Organisation defines violence and harassment as unacceptable behaviours and
practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in physical,
psychological, sexual or economic harm, and includes gender-based violence and harassment. Similarly,
Article 12 and 1314 obligates state parties to protect women from all forms of abuse (including sexual
harassment) and ensures transparency in recruitment, promotion and dismissal of women and combat and
punish sexual harassment in education and the workplace. We also see that Uganda under section 7 of the
Employment Act, 2006 prohibits sexual harassment hence providing a right to the workers to be protected
from it by the employers at the work place. However, in the facts at hand, the Agoa girls complained about
sexual harassment. The Ugandan Government put all the measures to make sure the rights of the employees
like a right to be prevented from sexual harassment be observed but however the Administration of Rema
Textile Industries Limited violated the rights of the Agoa girls. Due to the violation of their right, an
employee can lodge a complaint with a labour officer and the labour officer shall have the powers to make
all of the orders he or she could have made if the complaint was a complaint about unjustified disciplinary
penalty or unjustified dismissal. Uganda has taken all measures to ratify and domesticate the international
laws into the Ugandan Laws hence complying with the International labour standards and eligible for
African Growth and Opportunity Act (AGOA).

The right to rest. An employee has a right to rest in the course of employment. Article 6(1) of the
International Labour Organisation provides that all workers should be entitled to an uninterrupted weekly
rest period no less than 24 hours in the course of each period of seven days. Similarly, Article 24 of the
United Nations Universal Declaration of Human Rights 15 provides for a right to rest. We notice that in
13
Violence and Harassment Convention, 2019 No.190
14
The protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa
15
1948
Uganda under section 51 of the Employment Act, 2006 which states that an employer shall not be required
to work for an employer for more than six consecutive days without a day’s rest, which shall be taken on any
day which is customary or as shall be agreed between the parties. The courts have gone to provide for same
for example in the case of Uganda v Walakira Labour Dispute16 where court stated that the labour officer
awarded the claimant payment for work done on public holidays as the claimant worked without taking one
day off as per section 51 of the Employment Act since the claimant used to work Monday to Sunday
without a day rest though on appeal court stated that the claimant working on the seventh day was his
decision and so the annexture B with terms binding the contract requiring the claimant to work in excess of
working hours to achieve targeted goals was not in respect to an assignment that was not within the
claimant’s employment contract as he was expected to do in accordance with his contract. So working excess
hours was meant for him to achieve targets within his employment so he was entitled to extra pay for
fulfilling his contractual obligation. So, the claimant was not entitled for work done on the public holidays or
the rest days. In the facts at hand, the Agoa girls complained about long hours of work which shows that the
management of the Rema Textile Industry Limited violated their right and so the Agoa girls lodge a
complaint to the labour officer. And so, they can be entitled to payment. Therefore, the fact that Uganda has
ratified and domesticated the international laws into the Ugandan Laws, it clearly shows that Uganda is in
compliance with the International labour standards and eligible for the African Growth and Opportunity Act.

Furthermore, the right to collective bargaining. Black`s Law dictionary17 defines collective bargaining
as, good faith procedure of documented actions between an organization’s management and a trade union
representing its employees for negotiating wages, working hours, working conditions, and other matters of
mutual interest. therefore, it gives equality in bargaining power to the employees. Article 4 of the
International Labour Organisation18 guarantees the right of workers through trade unions to bargain
collectively. Uganda has also gone ahead to provide the same under Article 40(3)(b)19 which states that,
every worker has a right to collective bargaining and representation. More so, Section 24 of the Labour
Unions Act20, also recognizes a right to recognize and collective bargaining. In the instant facts, the
American petitioners allege that the government of Uganda has refused to bring its labour laws into
compliance with the international standards on freedom of association and the right to organize and bargain
collectively which is false because Uganda made all necessary requirements to make sure that the right to
collective bargaining is recognized in the Ugandan laws as discussed above. Therefore, Uganda is eligible

16
No. 022 of 2016 (2017)
17
BLACK`S LAW DICTIONARY (EIGHTH EDITION 2004)
18
right to organize and collective bargaining convention, 1949 (No.98)
19
Constitution of Republic of Uganda, 1995
20
N0.7/2006
for AGOA since it has complied with the International standards on freedom of association and right to
organize and bargain collectively.

Concludingly therefore, since Uganda has ratified and domesticated the International Laws like International
Labour Organisation and the AGOA and having its labour law in conformity with the international labour
standards, the US President Trump should not remove Uganda from Uganda Growth and Opportunity Act
since it meets all requirements provided for under the AGOA.

ISSUE 2. Whether there are practical challenges to realization of rights and remedies under the
labour Unions Act, 2006 in Uganda?

There are challenges to the realization of rights and remedies under the Labour Unions Act, 2006 as
discussed below;

Unemployment. Due to high levels of unemployment in Uganda, it has prevented the realization of rights
and remedies provided for under the Labour Union Act. For example some employers refuse their employees
to join labour union and threaten them in case they join, they will be dismissed from their works and so due
to fear of losing their jobs, they end up not joining the unions hence violation of right to freedom of
association that is provided for under Article 29 of the Constitution of Republic of Uganda, 1995. Therefore,
I recommend the Attorney General to advise Government to create more sources of employment so that
workers are free to join labour unions.

Lack of rights for causal workers. A causal worker is a person who works on a daily or hourly basis where
payment is due at the completion of each day’s work. Therefore, a causal worker is an employee who enters
into a new contract of employment with their employer every day. The labour laws are silent about the causal
workers and this has affected their rights. Causal workers are particularly vulnerable when it comes to
enforcing their rights because they do not have a written contract of employment, are paid in cash and are
reluctant to confront their employers for fear of not being hired the next day. More so, this has led to increase
of working hours and underpayment. I advise the Attorney General to amend the Employment Act so that the
rights of the casual workers are highly recognized and also include a restriction on the length of time a casual
worker can be hired by the same employer before becoming entitled to notice prior to dismissal and
entitlements to leave.

Urban centeredness. Most Labour unions are centered in urban areas which is a challenge to the most
employees in the rural areas. Most employees find it difficult to travel from their areas to the urban centres
due to high costs of transport. Yet under the National objectives and Directive principles of State policy
XII (ii)21 provides that the state shall take necessary measures to bring about balanced development of the
different areas of Uganda and between the rural and urban areas. I call upon the Attorney General to put
measures to make sure that many trade unions are created and placed in different places including the rural
areas.

Ignorance of workers. Most employers are ignorant of their rights though labour rights and laws were
enacted in the Constitution of the Republic of Uganda 1995 and fully ratified in the new labour laws in 2006.
And even those who are aware of their rights, do not know where to turn or what steps to take in the event
where their rights are violated for example in some situation where an employee has been unfairly
discontinued from work, he or she may not know what next and where to go. In order to eradicate ignorance
among employees. I advise the Attorney General to sensitize employees and employers about the labour laws
and the rights of the workers through the ministry of Labour by holding workshops across the country to
educate people about the labour issues or by running the programs on Radio stations and provide procedural
information on how to access justice.

Misappropriation of funds has hindered the realization of rights. Black`s Law dictionary22 defines
misappropriation as the application of another's property or money dishonestly to one's own use. The
employees who want to join a trade union, they are required to pay subscription fee to the committee of the
trade union. The committee end up misusing the money for their personal benefits, the money that is used to
carter for the trade union for example in maintaining the trade union’s offices and facilities, communicating
to members and paying trade union staff. I therefore, advise the Attorney General to appoint a committee
that will inspect the works of the leaders of the trade union so that the trade union funds are not misused.

Lastly, political influence. In Uganda, political influence has hindered the realization of rights and remedies
provided for under the Labour Unions Act whereby most labour unions are funded by the political parties
which means that the union will be used as mobilization tool for voters hence denying the rights of workers
from being realized. therefore, I advise the Attorney General to influence independence of the labour unions
from being used as political parties to spread political ideologies.

Concludingly therefore, many challenges in Uganda have affected the realization of rights and remedies of
workers for example ignorance of workers, misappropriation of funds, lack of rights for causal workers,
political influence and failure of Government to enforce the labour laws. Therefore, I recommend the
Attorney General to put laws that are fair for all the categories of people that is workers and employers.

21
The Constitution of the Republic of Uganda, 1995
22
BLACK`S LAW DICTIONARY (EIGHTH EDITION 2004)
BIBLIOGRAPHY
LAWS

1. Constitution of the Republic of Uganda 1995

2. The Labour Unions Act, 2006 No.7 of 2006
3. The Employment Act, 2006 No. 6 of 2006

CASES

1. Collymore v A.G [1970] AC 532 at 547

2. Uganda Electricity Alliance Workers union v Uganda Electricity Transmission Company ltd Labour
Dispute reference No.09 of (2015) (2019)
3. Kizito v Marie Stopes Uganda (Labour Dispute No.033/2015) (2017)
4. Tumusiime Richard v Mukwano Personal Care No.022 of 2019
5. Birungi v NLS Waste services (Labour Dispute 2017)
6. Uganda v Walakira Labour Dispute No.022 of 2016 (2017)

CONVENTIONS

1. The Convention on Elimination of all forms of Discrimination against Women

2. United Nations Universal Declaration of Human Rights 1948
3. The International Labour Organisation (Equal remuneration convention 1951 No.100)
4. International Labour Organisation (Violence and Harassment Convention, 2019 No.190)
5. The International Labour Organisation (Convention 87)
6. International Labour Organisation (Violence and Harassment Convention, 2019 No.190)
7. International Labour Organisation (right to organize and collective bargaining convention, 1949
(No.98)

TEXTBOOKS
1. BLACK`S LAW DICTIONARY (EIGHTH EDITION 2004)