Uganda
Uganda published its first NAP on 31 July 2021.
Available NAPs
Uganda: 1st NAP (2021-2026)
NAP Development Process
Status
On the 31 July 2021, it was announced that the Uganda BHR NAP has been published.
Congs to all! Uganda’s National Action Plan on Business and Human Rights(NAPBHR) is signed.@joekibugu @RoyaAZH @nkgladys @ISERUganda @hwasserbauer @dkaaustria @H3000EastAfrica @RRightsAfrica pic.twitter.com/VQLHHwlp40
— Andrew Byaruhanga (@AndreByaruhanga) July 31, 2021
On 28 October 2021, the Government of Uganda led a launch event convening the Minister for Gender, Labour and Social Development, the UN Resident Coordinator, the Deputy Head of the EU Mission in Uganda, heads of UN agencies for human rights in Uganda, the Chief of the Democratic Governance Facility, heads of several civil society organisations (CSOs), among others.
Process
Uganda’s NAP Journey by the Initiative for Social and Economic Rights (ISER)
During the 2nd Universal periodic Review (UPR2) in 2016, one of the recommendations to Uganda was to develop an action plan on Business and Human Rights (NAP) to implement the UN Guiding Principles (UNGP).
A Regulatory Impact Assessment (RIA) was conducted to determine the best way to address human rights violations by business activities; the development of a National Action Plan (NAP) on BHR was recommended as the most suitable way to proceed.
Following a discussion by the Inter-Ministerial Committee (IMC) on Human Rights in a training organised by the Ministry of Foreign Affairs and UN Human Rights, the Ministry of Gender Labour and Social development was identified to coordinate the development of a NAP on BHR. Building on that recommendation, a Technical Working Committee was created to guide the NAP process. Membership of the committee comprised of individuals from government ministries, departments and agencies, CSOs and development partners.
The Initiative for Social and Economic Rights (ISER) partnered with the Ministry of Gender, Labor and Social Development in this process. In February 2019, an Inception meeting was held wherein the stakeholder identification was done together with a road map for the NAP process.
Eleven consultations were carried out across the country from March to October 2019. Additional consultations were conducted to obtain the business community (including business actors and trade unions)’s points of view on business and human rights. More specific meetings were held with women in the Kaabong and Moroto mining sectors. Special focus has been placed on the vulnerable persons in the community by giving them an opportunity to share their plight that arises from their interaction with business activities.
Lastly, the Ministry of Trade, Industry and Co-operatives, Ministry of Energy and Mineral Development, Ministry of Finance, Planning and Economic Development, the Uganda Human Rights Commission, Equal Opportunities Commission, the Uganda Investment Authority, the Industrial Court, Parliament and the Private Sector foundation of Uganda were consulted.
The five-year NAP focuses on eight thematic areas that were identified during the consultations:
- Land and Natural Resources;
- Environment;
- Labour rights;
- Revenue transparency, Tax exemptions and corruption;
- Social service delivery by private actors;
- Consumer protection;
- Access to remedy;
- Women, vulnerable and marginalized groups.
The 8 focus areas are reflected as priorities in the NAP.
The Ugandan NAP on BHR aims to provide a comprehensive framework to coordinate efforts across sectors to ensure respect for human rights in business operations, not just the workplace.
The following organisations were involved in the development and editing of the NAP:
Ministry of Gender, Labour and Social Development, Ministry of Foreign Affairs, Ministry of Justice and Constitutional Affairs, The Office of the President /Cabinet Secretariat, Ministry of Finance, Planning and Economic Development, Ministry of Trade, Industries and Cooperatives, Uganda People’s Defence Forces, Uganda Human Rights Commission, The Equal Opportunities Commission, Initiative for Social and Economic Rights (ISER), Uganda Consortium on Corporate Accountability (UCCA), The Uganda Association of Women Lawyers (FIDA-Uganda), Resource Rights Africa, UN Global Compact National Chapter for Uganda and the Office of the United Nations High Commissioner for Human Rights.
According to the NAP, the OHCHR, ISER, UCCA, FIDA-Uganda and Resource Rights Africa provided financial contributions to the Ministry to support the process.
Stakeholder Participation
CSOs have been involved in the NAP development process since 2016. CSOs acknowledged the efforts to include them as part of the process as the Ministry hosted the CSOs in their offices for them to easily and continuously provide input and help shape the NAP.
In the period of March-October 2019, the Ministry of Gender, Labour and Social Development conducted wide stakeholder consultations. Over 600 participants from 99 districts in 11 sub-regions of Uganda were consulted. Dialogues with communities affected by business projects in the Kikube district, persons with disabilities, women and older persons were conducted. The Ministry also held focus group discussions with refugees in the West Nile and women’s representatives in the mining areas of Kaabong.
Child labour, casualisation of labour, poor remuneration, environmental pollution, land evictions, corruption, inadequate knowledge of human rights, sexual harassment, and the gender pay gap were identified, among others, as recurring issues and were discussed as part of the situational analysis during these stakeholder consultations.
On 12 August 2020, the Southern and Eastern Africa Trade Information and Negotiations Institute (SEATINI) Uganda held a high-level technical consultative meeting with the Ministry of Gender, Labour and Social Development, providing a platform for stakeholders, including human rights NGOs, to discuss on trade and investment-related issues to integrate into the NAP.
Transparency
Efforts were made to disseminate the NAP. A talk show presenting the NAP and involving the Commissioner on Equity and Rights from the Ministry of Gender, Labour and Social Development, a representative from the Uganda Consortium on Corporate Accountability and the Director of Monitoring and Inspections at the Uganda Human Rights Commission. This talk show aired twice on two different channels and is available online. Similarly, the NAP launch event was broadcast on national television and is available online.
The NAP provides a detailed budget for each strategic objective, breaks down the budget for the outputs determined, and indicates which actor will be responsible for using that budget. The NAP also sets specific output and outcome indicators to implement the NAP.
National Baseline Assessment (NBA)
• Published in August 2019 and available here.
• Developed as an independent initiative to inform the inaugural BHR NAP, which was published in August 2021.
• Conducted and funded by a civil society organisation: the Initiative for Social and Economic Rights (ISER).
• Follows its own methodology based on desktop research. Contains recommendations.
Follow-up, monitoring, reporting and review
According to the NAP, the Ministry of Gender, Labour and Social Development is to take the lead in the implementation of the NAP and ‘coordination of other actors in the social development and human rights sub-sector.’ The implementation stage is a ‘shared responsibility’ between the Government, private sector and other non-state actors. The other relevant public sector actors include the Office of the Prime Minister, Ministry of Foreign Affairs, Ministry of Justice and Constitutional Affairs, Office of the Prime Minister, Ministry of Education and Sports, Ministry of Finance, Planning and Economic Development and Uganda Human Rights Commission.
According to the speakers at the NAP launch event on 27 October 2021, a national Secretariat for the implementation of the NAP has been set up, activities for implementation are underway.
To guarantee effective implementation, a Multi-Sectoral Technical Committee on Business and Human Rights composed of senior technical staff from key-line ministries and chief executive officers from government agencies was established under the Secretariat of the Ministry of Gender, Labour and Social Development.
It is further mentioned that all stakeholders are expected to monitor and evaluate the NAP. Periodic reviews to track implementations of interventions, results and change outcomes will be carried out. The following steps were provided by the NAP as the mechanism for review:
- Monitoring and evaluation indicators will be established.
- Joint monitoring visits will be carried out.
- Review meetings will be conducted
- Finally, the NAP will be evaluated after five years.
Appendix 1.1 of the NAP provides outcome and output indicators for each strategic objective to evaluate their implementation.
Stakeholders views and analysis on the NAP
Resource Rights Africa stated the NAP was ‘major move for the Government of Uganda on its mission to enhance inclusive growth and responsible investments in country.’
Additional resources
In May 2016, the Ugandan Human Rights Commission (UHRC) and the Danish Institute for Human Rights (DIHR) published a Human Rights and Business Country Guide on Uganda, providing country-specific guidance to help companies or businesses respect human rights and contribute to development.
National Action Plan on Business and Human Rights | TALK SHOW
National Action Plan on Business and Human Rights | PART II (Live broadcast of the launch event on NTV Uganda)
Explore NAP by Issue
CHAPTER THREE: SITUATIONAL ANALYSIS 3.3 Labour Rights (…) The Government has created conducive working environment that allows for businesses to thrive. As such, businesses have become a major source of employment for Ugandans especially the youth and women. According to UBOS (2018), overall unemployment was at 9.7% while youth unemployment stood at 40.7%. The unemployment situation has left many Ugandans especially the youth with no choice, but to accept any form of work offered to them. This has led to the growing trend of employment opportunities in business activities. However, there have also been reports of cases of human rights abuses associated with businesses operations. Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. (…) Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuse of rights, physical and psychological violence and lack of protection while abroad. 3.8 Women, Vulnerable and Marginalized Groups (…) Children: Child labour remains a serious issue in Uganda. At least two million children aged 5-17 are engaged in child labour with 1.7 million below 14 years of age, and 507,000 involved in hazardous work (ILO/IPEC & UBOS, 2013). This includes children working in the agriculture sectors, domes c services, extractive industry (including children involved in artisanal and small-scale mining) and those that are victims of commercial sexual exploitation. The proportion of children in hazardous work was more than double in urban areas (61 percent) as compared to the rural (23 percent) (ILO/IPEC & UBOS, 2013). These issues were also raised during stakeholder consultations. Children were reported to be recruited to work on sugar, rice and tea plantations, as well as in the fishing sector. The vices were also reported to be common in mining (mineral and stone quarrying) and the construction sector where children are involved in manual labour. Poverty was cited as a main factor driving children to engage in labour. Stakeholders noted that there were reported cases of sexual assault and increase in child labour in the context of the construction of roads, for example during the construction of the Kabwoya Fort Portal Kamwenge road. Youth: Concerns were raised during the consultation regarding reports of discrimination experienced by youth in terms of accessing employment opportunities. In many cases, they are offered only the least paying casual jobs and without formal contracts specifying the terms of employment. Youth, in the Eastern and Western regions, stated that there were instances of underpay and outright non-payment, in particular by construction companies. The consultation in Northern Uganda also revealed that there were abuse of the rights of the youth working on the large commercial farms established in the region. They claimed that most of these youth were ferried from far districts of West Nile who then end up stranded thus seeking help from the nearby districts whose resources are too meagre to offer repatriation to these victims. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 2: To promote human rights compliance and accountability by business actors 4.2.1. Empower communities especially vulnerable persons to claim their rights (…) II. Conduct community dialogue meetings with rights holders prioritizing women, youth, older persons, persons with disabilities, ethnic minorities and people in hard to reach areas. OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. 4.4.1 Empower communities to demand for protection and fulfilment of their rights and access to justice (…) II. Implement the Children’s Rights and Business Principles (CRBP).
‘Uganda’s NAP does not explicitly address this issue’ ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER FIVE: INSTITUTIONAL FRAMEWORK (…) 5.10. UWA, UNRA, NEMA, AND NFA iii. Ensure that businesses under take ESIA prior to commencement of businesses operations
and conduct annual audits. 5.13. Private Sector ii. Ensure that the corporate policies and plans including practices are compliant with the action plan. CHAPTER THREE: SITUATIONAL ANALYSIS 3.4 Revenue Transparency, Tax exemptions and corruption Uganda has been consistently attracting the highest foreign direct investment (FDI) in East Africa by attracting between $250 – 300 million in FDI annually between 2010 and 2016 – largely due to its stable and consistent macro-economic policies including liberalization of business environment and tax incentives to investors in selected sectors like manufacturing, oil and gas and Energy (URA, 2019; a Guide on Tax Incentives/Exemptions Available to the Uganda Investors). Stakeholders, particularly national business owners’ and private providers, noted that tax exemptions were not provided transparently and they were provided to large or foreign companies, making the State to lose needed revenue and causing unfair competition between those who receive and those who do not. The participants also noted that if tax exemptions/ tax incentives are to be granted, the business owners should demonstrate that the exemptions/ tax incentives are justified and their implementation will ensure deliberate, concrete and targeted steps to guarantee protection and fulfilment of human rights, particularly through employment creation and delivery of social services thus improving lives of the Ugandans. In addition, the exemptions should be monitored, their social benefits and the human rights compliance periodically assessed. The assessments should be informed by broad public participation, especially of individuals that are directly affected. Revenue transparency particularly revenue in the extractives sector has become an increasing concern to the public. There has been a wider call for resources justice through arrangements such as Publish What You Pay (PWYP), the Natural Resources Charter, Extractives Industries Transparency Initiative among others. The NAP consultations enlisted several challenges that affect revenue transparency. There is an inflow of investors opera ng in the districts but without licenses from the district authorities. This was typically raised in Karamoja region where many business owners in the mining sector emerge with mining licenses purportedly from Kampala and do not contribute any taxes to the local government authorities. This has led to reduction in local revenue collection as well as affected social service delivery to the communities. Corruption is one of the major challenges leading to violation of human rights in business operations in Uganda. Many business operators reported corruption in procurement, acquisition of licenses and tax collection.
Imprudent utilization of tax and other resources through corruption undermines positive outcomes of businesses in Uganda. This weakens the economic and social efforts of the government to provide services and even further discourages transparency in matters of business operations. ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.14 Development Partners I. Provide technical support for the implementation of action plan. II. Provide resources and logistics to enhance implementation of the action plan. III. Monitor and evaluate the impact of the action plan. CHAPTER THREE: SITUATIONAL ANALYSIS 3.6 Consumer Protection (…) The current policy, legal and regulatory framework related to promo on of fair competition and consumer protection is fragmented. A number of sub-sectors have policies and laws that govern the promo on of competition and consumer protection. These include; … telecommunications; electricity generation and distribution; petroleum extraction, development and distribution; Information and Communications Technology. (…) It is important to note that a Consumer protection and Competition Act was submitted to parliament in 2015, however, it has not yet been passed.
In a number of major sub-sectors of the economy, it is evident that there is need for improved consumer protection. The areas include; CHAPTER THREE: SITUATIONAL ANALYSIS 3.2 Environment The government recognises the right to a clean and healthy environment and this aspiration is contained in laws and mechanisms such as Article 39 of the 1995 Constitution, the National Environment Act, (amended) 2019 and other institutions like National Environmental Management Authority, National Forestry Authority and Uganda Wildlife Authority to conserve and protect the environment for sustainable development. The country has registered a flourishing number of projects in the recent past and NEMA highlights five leading categories of projects as follows: Fuel Stations (22.8%), Information Communication Technology (22.0%), Infrastructure (21.1%), Industry (14.7%), and Mining (6.2%). Thus, these five categories of projects constitute 86.8% of the total projects approved by NEMA in the FY 2018/2019 (NEMA, Annual Report 2019). The report further states that the increasing trend of developments in the sectors highlighted creates demand for construction materials as well as fuel, which are associated with high negative impact on environment and communities. Some of the notable negative environmental impacts associated with the said categories of projects include: increase in atmospheric pollution caused by emission of different kinds of noxious (harmful) gases, fumes, and particulate matter into the atmosphere; while mining projects create residual impacts which include; scarred landscape, degradation of the affected landscape including soil erosion and in some cases disruption of the local hydrology (which may affect the water catchment system), and un-restored mines and murram/gravel borrow-pits among others. Over the years, Uganda’s tree cover has immensely declined i.e. from 24% in 1990 to 12.4% in 2015 (NFA, Feb 2018). Communities reported high cases of forests degradation to pave way for businesses especially large scale undertakings. For instance Ugandan government entered into an agreement with BIDCO, the largest manufacturer of vegetable oil in Uganda, and Malaysian palm oil giants Wilmar to set up a planta on and refinery in the Kalangala islands in Lake Victoria. However, business enterprises rarely meaningfully respond to these negative impacts. During the field stakeholder consultations for the development of the NAPBHR, the communities raised concerns that certain businesses, particularly those in extractives (mining, quarrying), transportation, manufacturing sectors are contributing to such social and negative environmental impacts including destruction of cultural and historical sites. Gender issues manifest in such businesses, such as; men continue to receive the most benefits of the mining industry, women often bear the disproportionate share of social, economic, and environmental risks that sometimes arise from this sector. Women employed in mines work under unsafe conditions often characterized by meager pay, sexual harassment, poor sanitation, domestic violence and exposure to hazardous substances such as mercury among others. It has also been argued that health impacts are felt disproportionately by women as they tend to be primarily responsible for caring for the health of family members. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.4 Business entities (…) v. Ensure environmental protection in their operations. CHAPTER THREE: SITUATIONAL ANALYSIS 3.8 Women, Vulnerable and Marginalized Groups Human rights instruments set out obligations and commitments to ensure equality and non-discrimination. These are highlighted in various human rights instruments at international, regional and national levels including the following: SDG 5 gender equality and women empowerment , 8 on decent employment and 10 on reducing inequalities within and among countries, the International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, African Charter on Human and Peoples Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Constitution of Uganda under Chapter Four on the Protection and Promotion of Fundamental and Other Human Rights and Freedoms, the National Equal Opportunities Policy (2006), the National Gender Policy (2007), the Persons with Disability Act (2020) and the National Policy on Disability (2006). Despite the positive strides taken to provide legal protection for vulnerable groups, gaps persist and certain groups remain susceptible to suffer negative consequences of business operations. In particular, those that are already marginalized or excluded in society – as is often the case for women, minority groups, migrants, and persons with disabilities and persons living with HIV/AIDS. Women: Women continue to face significant violation of human rights especially in employment in business operations. The National Social Protection Policy (2015) indicates that there are enormous risks, which include low pay, job insecurity, limited labour mobility, discrimination, sexual harassment, lack of maternity protection and poor working conditions. There is also a significant pay gap between men and women in Uganda. About 85 percent of the paid workers are employed in the informal sector without formal contracts and have no social security. Approximately 33.8 percent of the workers in the private sector earn less than Shs 50,000 per month. Agricultural wage workers, the majority of whom are women, receive the lowest wages. The findings from the consultations showed sexual harassment of female workers and coercion into sexual activity with employers to access employment or salary payments. These cases were largely under-reported due to fear of negative repercussions on the victims. If these challenges are not addressed, women will continue to bear the burden of violations and abuses of human rights in business operations and remain at the periphery of social protection and development. Over the past few years, there has been strong initiatives to protect women’s property rights in Uganda. However, due to social constructions of gender and traditional underpinnings, challenges remain in implementation and enforcement of these measures. Ownership of land by women has been affected by increased demand for land for foreign direct and local investments. Considering the extractive industry, women often bear the disproportionate share of social, economic and environmental risks while men primarily capture the benefits of the industry. Women employed in mines work under unsafe conditions often characterized by meagre pay, sexual harassment, poor sanitation, domestic violence and exposure to hazardous substances such as mercury among others. Environmental degradation, often caused by business operations, is felt most keenly by women, who bear the greatest burden to mi gate food insecurity, water pollution and shortage and decreased health of families. Women in certain industries such as large-scale agriculture and extractives often lack access to appropriate protective equipment, which exposes them to dangers, and hazards which can affect their health and safety, including their sexual and reproductive health. Children: Child labour remains a serious issue in Uganda. At least two million children aged 5-17 are engaged in child labour with 1.7 million below 14 years of age, and 507,000 involved in hazardous work (ILO/IPEC & UBOS, 2013). This includes children working in the agriculture sectors, domes c services, extractive industry (including children involved in artisanal and small-scale mining) and those that are victims of commercial sexual exploitation. The proportion of children in hazardous work was more than double in urban areas (61 percent) as compared to the rural (23 percent) (ILO/IPEC & UBOS, 2013). These issues were also raised during stakeholder consultations. Children were reported to be recruited to work on sugar, rice and tea plantations, as well as in the fishing sector. The vices were also reported to be common in mining (mineral and stone quarrying) and the construction sector where children are involved in manual labour. Poverty was cited as a main factor driving children to engage in labour. Stakeholders noted that there were reported cases of sexual assault and increase in child labour in the context of the construction of roads, for example during the construction of the Kabwoya Fort Portal Kamwenge road. Youth: Concerns were raised during the consultation regarding reports of discrimination experienced by youth in terms of accessing employment opportunities. In many cases, they are offered only the least paying casual jobs and without formal contracts specifying the terms of employment. Youth, in the Eastern and Western regions, stated that there were instances of underpay and outright non-payment, in particular by construction companies. The consultation in Northern Uganda also revealed that there were abuse of the rights of the youth working on the large commercial farms established in the region. They claimed that most of these youth were ferried from far districts of West Nile who then end up stranded thus seeking help from the nearby districts whose resources are too meagre to offer repatriation to these victims. Older persons: The consultations revealed that older persons face the following challenges; limited access to employment opportunities, retention of jobs, as abuse and violence in workplaces, low pay, among others. These issues have led to increased vulnerability and poverty among older persons. In view of the specific challenges faced by vulnerable and marginalized groups in connection with business activities, the National Ac on Plan calls for particular attention to ensure that such adverse impact is prevented and addressed, including by ensuring access to effective remedies. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 2: To promote human rights compliance and accountability by business actors 4.2.2. Empower communities especially vulnerable persons to claim their rights 4.2.3. Promoting compliance to human rights observance (…) vii. Enact and enforce gender-sensitive legislation to protect human rights defenders. (…) ix. Promote gender-sensitive and inclusive land use planning by investors. OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations. 4.3.1 Promoting FPIC for communities in all business operations i. Review and enact laws guaranteeing FPIC (Free, Prior and Informed Consent), particularly ensuring meaningful consultations with vulnerable groups, such as women, persons with disabilities, indigenous persons, ethnic minorities and persons living with HIV and AIDS. ii. Develop and enforce guidelines and policies regarding land acquisition, compensation and resettlement of communities affected by business operations, prioritizing the needs of the most vulnerable, such as women, persons with disabilities and persons living with HIV/AIDS. OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. 4.4.1 Empower communities to demand for protection and fulfilment of their rights and access to justice 4.4.2 Engagement of business operators on human rights (…) iii. Ensure the establishment and strengthening of gender and equity-responsive internal grievance redress mechanisms in business operations. OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations. 4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations (…) ii. Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities. (…) iv. Strengthening laws and policies providing for effective, inclusive and gender-responsive remedies on business-related matters. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.3 Equal Opportunities Commission 5.4 Business entities (…) iv. Ensure inclusion of the vulnerable groups in the business operations. 5.9 Local Governments (…) ii. Supervise business operations to ensure protection of human rights and social inclusion of the communities. (…) viii. Coordinate, monitor and supervise implementation of the policy and the equal opportunities Act at their respective levels. 5.10 UWA, UNRA, NEMA, AND NFA i. Ensure equal and equitable sharing of benefits among communities in conservation areas. 5.11 The Parliament (…) iii. Monitor business operations in their constituents for protection of human rights and equal opportunities for the vulnerable and marginalized groups. 5.12 Private Sector (…) iii. Ensure affirmative action interventions for less privileged and marginalized in business operations. 5.16 The communities and households The community and households will; 5.17 The marginalized and other vulnerable groups The marginalized and other vulnerable groups will; The strategic implementation framework in the 1.0 Appendices includes: Budgeted outputs in Annex I include: ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER THREE: SITUATIONAL ANALYSIS 3.2 Environment (…) The country has registered a flourishing number of projects in the recent past and NEMA highlights five leading categories of projects as follows: Fuel Stations (22.8%), Information Communication Technology (22.0%), Infrastructure (21.1%), Industry (14.7%), and Mining (6.2%). Thus, these five categories of projects constitute 86.8% of the total projects approved by NEMA in the FY 2018/2019 (NEMA, Annual Report 2019). The report further states that the increasing trend of developments in the sectors highlighted creates demand for construction materials as well as fuel, which are associated with high negative impact on environment and communities. Some of the notable negative environmental impacts associated with the said categories of projects include: increase in atmospheric pollution caused by emission of different kinds of noxious (harmful) gases, fumes, and particulate matter into the atmosphere; while mining projects create residual impacts which include; scarred landscape, degradation of the affected landscape including soil erosion and in some cases disruption of the local hydrology (which may affect the water catchment system), and un-restored mines and murram/gravel borrow-pits among others. Over the years, Uganda’s tree cover has immensely declined i.e. from 24% in 1990 to 12.4% in 2015 (NFA, Feb 2018). Communities reported high cases of forests degradation to pave way for businesses especially large scale undertakings. For instance, Ugandan government entered into an agreement with BIDCO, the largest manufacturer of vegetable oil in Uganda, and Malaysian palm oil giants Wilmar to set up a planta on and refinery in the Kalangala islands in Lake Victoria. However, business enterprises rarely meaningfully respond to these negative impacts. During the field stakeholder consultations for the development of the NAPBHR, the communities raised concerns that certain businesses, particularly those in extractives (mining, quarrying), transportation, manufacturing sectors are contributing to such social and negative environmental impacts including destruction of cultural and historical sites. Gender issues manifest in such businesses, such as; men continue to receive the most benefits of the mining industry, women often bear the disproportionate share of social, economic, and environmental risks that sometimes arise from this sector. Women employed in mines work under unsafe conditions often characterized by meager pay, sexual harassment, poor sanitation, domestic violence and exposure to hazardous substances such as mercury among others. It has also been argued that health impacts are felt disproportionately by women as they tend to be primarily responsible for caring for the health of family members. 3.4 Revenue Transparency, Tax exemptions and corruption (…) Revenue transparency particularly revenue in the extractives sector has become an increasing concern to the public. There has been a wider call for resources justice through arrangements such as Publish What You Pay (PWYP), the Natural Resources Charter, Extractives Industries Transparency Initiative among others. The NAP consultations enlisted several challenges that affect revenue transparency. There is an inflow of investors operating in the districts but without licenses from the district authorities. This was typically raised in Karamoja region where many business owners in the mining sector emerge with mining licenses purportedly from Kampala and do not contribute any taxes to the local government authorities. This has led to reduction in local revenue collection as well as affected social service delivery to the communities. ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER THREE: SITUATIONAL ANALYSIS 3.6 Consumer Protection (…) Uganda has maintained a liberal economic policy since the late 1980s. This policy approach has seen Uganda divest most public enterprise and allow private sector players in a number of important sectors of the economy such as telecommunications, energy/electricity, transport and banking. There is evidence that this economic policy approach has driven economic development in the country, with greater multiplier and inter-sectoral effects. However, the full potential of the economic policy reforms has been hampered by some uncompetitive practices by some of the private sector players. (…) The current policy, legal and regulatory framework related to promotion of fair competition and consumer protection is fragmented. A number of sub-sectors have policies and laws that govern the promotion of competition and consumer protection. These include; Financial institutions i.e. deposit taking, money lenders and insurance companies … CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.5 Ministry of Finance, Planning and Economic Development The Ugandan NAP does not make a direct reference to the Fisheries and Aquaculture sectors. CHAPTER THREE: SITUATIONAL ANALYSIS 3.3 Labour Rights (…) Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuses of rights, physical and psychological violence and lack of protection while abroad. ‘Uganda’s NAP does not explicitly address this issue’ The Ugandan NAP does not make a direct reference to the Garment sector. CHAPTER THREE: SITUATIONAL ANALYSIS 3.2 Environment (…) Gender issues manifest in such businesses, such as; men continue to receive the most benefits of the mining industry, women often bear the disproportionate share of social, economic, and environmental risks that sometimes arise from this sector. Women employed in mines work under unsafe conditions often characterized by meager pay, sexual harassment, poor sanitation, domes c violence and exposure to hazardous substances such as mercury among others. It has also been argued that health impacts are felt disproportionately by women as they tend to be primarily responsible for caring for the health of family members. 3.3 Labour Rights (…) The Government has created conducive working environment that allows for businesses to thrive. As such, businesses have become a major source of employment for Ugandans especially the youth and women. (…) Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. No ng that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments. The consultations also revealed that women comprise of the majority of labour force in the Planta on Agriculture and informal Sectors—which still face challenges around regulatory and protective measures. Casualization of labour is also ripe within these sectors. It was further revealed that cases of occupational and safety health hazards of women in manufacturing and production industries have increased. It was also shared that workers are employed without formal contracts hence no job security as well as limited access to remedy for human rights abuses by business operations including delays or lack of compensations in case of workplace accidents. In some companies, management was not in support of their workers joining trade unions since they consider it that it affects the productivity of workers. It was also reported that employees are often exploited by companies to work for long hours and are often poorly remunerated. This was reported to be common in the planta on and construction companies. It was further established that many employers in the business sector do not comply with the laws guaranteeing labour rights. Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuse of rights, physical and psychological violence and lack of protection while abroad. 3.8 Women, Vulnerable and Marginalized Groups Human rights instruments set out obligations and commitments to ensure equality and non-discrimination. These are highlighted in various human rights instruments at international, regional and national levels including the following: SDG 5 gender equality and women empowerment , 8 on decent employment and 10 on reducing inequalities within and among countries, the International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, African Charter on Human and Peoples Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Constitution of Uganda under Chapter Four on the Protection and Promotion of Fundamental and Other Human Rights and Freedoms, the National Equal Opportunities Policy (2006), the National Gender Policy (2007), the Persons with Disability Act (2020) and the National Policy on Disability (2006). Despite the positive strides taken to provide legal protection for vulnerable groups, gaps persist and certain groups remain susceptible to suffer negative consequences of business operations. In particular, those that are already marginalized or excluded in society – as is often the case for women, minority groups, migrants, and persons with disabilities and persons living with HIV/AIDS. Women: Women continue to face significant violation of human rights especially in employment in business operations. The National Social Protection Policy (2015) indicates that there are enormous risks, which include low pay, job insecurity, limited labour mobility, discrimination, sexual harassment, lack of maternity protection and poor working conditions. There is also a significant pay gap between men and women in Uganda. About 85 percent of the paid workers are employed in the informal sector without formal contracts and have no social security. Approximately 33.8 percent of the workers in the private sector earn less than Shs 50,000 per month. Agricultural wage workers, the majority of whom are women, receive the lowest wages. The findings from the consultations showed sexual harassment of female workers and coercion into sexual activity with employers to access employment or salary payments. These cases were largely under-reported due to fear of negative repercussions on the victims. If these challenges are not addressed, women will continue to bear the burden of violations and abuses of human rights in business operations and remain at the periphery of social protection and development. Over the past few years, there has been strong initiatives to protect women’s property rights in Uganda. However, due to social constructions of gender and traditional underpinnings, challenges remain in implementation and enforcement of these measures. Ownership of land by women has been affected by increased demand for land for foreign direct and local investments. Considering the extractive industry, women often bear the disproportionate share of social, economic and environmental risks while men primarily capture the benefits of the industry. Women employed in mines work under unsafe conditions often characterized by meagre pay, sexual harassment, poor sanitation, domestic violence and exposure to hazardous substances such as mercury among others. Environmental degradation, often caused by business operations, is felt most keenly by women, who bear the greatest burden to mi gate food insecurity, water pollution and shortage and decreased health of families. Women in certain industries such as large-scale agriculture and extractives often lack access to appropriate protective equipment, which exposes them to dangers, and hazards which can affect their health and safety, including their sexual and reproductive health. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 2: To promote human rights compliance and accountability by business actors 5.9.1 Empower communities especially vulnerable persons to claim their rights (…) ii. Conduct community dialogue meetings with rights holders prioritizing women, youth, older OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations. 4.3.1 Promoting FPIC for communities in all business operations (…) OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. 4.4.1 Empower communities to demand for protection and fulfilment of their rights and access to justice. (…) iii. Advocate for gender equality through ensuring equal opportunity to both men and women in business operations and promotion of the gender equality seal programme. iv. Advocate for elimination of sexual harassment in business operations. 4.4.2 Engagement of business operators on human rights Require human rights due diligence by businesses through comprehensive human rights impact assessments involving meaningful consultation with potentially affected groups, including consideration of gendered impacts of operations and covering value and supply chains. (…) v. Ensure the establishment and strengthening of gender and equity-responsive internal grievance redress mechanisms in business operations. (…) OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations (…) ii. Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities. (…) iv. Strengthening laws and policies providing for effective, inclusive and gender-responsive remedies on business-related matters. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.1 Ministry Of Gender, Labour and Social Development Budgeted outputs in Annex I include: CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 2: To promote human rights compliance and accountability by business actors (…) 4.2.3 Capacity building for business operators on human rights observance OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations. 4.3.1 Promoting FPIC for communities in all business operations (…) ii. Develop and enforce guidelines and policies regarding land acquisition, compensation and resettlement of communities affected by business operations, prioritizing the needs of the most vulnerable, such as women, persons with disabilities and persons living with HIV/AIDS. OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. (…) 4.4.2 Engagement of business operators on human rights (…) ii. Mobilize and build capacity of selected business operators as human rights in business change agents. 4.4.3 Capacity building to State and Non-State actors on human rights based approach to programming at all levels (…) iii. Build capacity of business leaders and owners on the human rights based approach in business operations. iv. Build capacity of human rights defenders to monitor, document and report on human rights abuses and violations in business operations. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.1 Ministry Of Gender, Labour and Social Development (…) iii. Ensure the development and use of guidelines on human rights in business operations. 5.7 Uganda Investment Authority (…) iii. Disseminate human guidelines on business and human rights to investors. 5.9 Local Governments (…) iv. Disseminate guidelines and other related information, communication and education materials on business and human rights. The strategic implementation framework in the 1.0 Appendices includes: Budgeted outputs in Annex I include: CHAPTER THREE: SITUATIONAL ANALYSIS 3.8 Women, Vulnerable and Marginalized Groups (…) Despite the positive strides taken to provide legal protection for vulnerable groups, gaps persist and certain groups remain susceptible to suffer negative consequences of business operations. In particular, those that are already marginalized or excluded in society – as is often the case for women, minority groups, migrants, and persons with disabilities and persons living with HIV/AIDS. (…) Persons living with HIV/AIDS: The consultations established that there was discrimination on the basis of HIV status in business operations. Reports were shared about mandatory testing of prospective and current employees, resulting in dismissal of those found to be HIV-positive. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.16 The communities and households The community and households will; CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 2: To promote human rights compliance and accountability by business actors 4.2.2 Promoting compliance to human rights observance (…) vii. Enact and enforce gender-sensitive legislation to protect human rights defenders. OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. 4.4.3 Capacity building to State and Non-State actors on human rights based approach to programming at all levels (…) iv. Build capacity of human rights defenders to monitor, document and report on human rights abuses and violations in business operations. OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations 4.5.2 Improve access to legal services to communities affected by business-related human rights violations and abuses Budgeted outputs in Annex I include: CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 2: To promote human rights compliance and accountability by business actors (…) 4.2.3 Capacity building for business operators on human rights observance CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.1 Ministry Of Gender, Labour and Social Development (…) v. Monitor and evaluate social impact assessments in infrastructural developments. (…) vii. Undertake assessments and audits for compliance to human rights by business operations including state and non-state entities. 5.10 WA, UNRA, NEMA, AND NFA (…) iii. Ensure that businesses under take ESIA prior to commencement of businesses operations
and conduct annual audits. Budgeted outputs in Annex I include: CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations. 4.3.1 Promoting FPIC for communities in all business operations CHAPTER FIVE: INSTITUTIONAL FRAMEWORK (…) 5.4 Business entities (…) ii. Ensure free prior and informed consent in acquisition of land and other properties for business operations. The strategic implementation framework in the 1.0 Appendices includes: Budgeted outputs in Annex I include: ‘Uganda’s NAP does not explicitly address this issue’ Read more about Investment treaties & investor-state dispute settlements CHAPTER THREE: SITUATIONAL ANALYSIS 3.7 Access to Remedy Article 50 of the 1995 Constitution of the Republic of Uganda guarantees judicial remedy for human rights violations and in particular stipulates that, any person who claims that his or her fundamental or other right or freedom guaranteed under the Constitution have been infringed or threatened, is entitled to apply to a competent court for redress which may include compensation. The judicial avenues for offering remedy to complaints of business-related human rights violations include the Civil Division of the High Court, the Environmental Tribunal, and the Industrial Court for employment and labour relations, among others. In the event of dissatisfaction, there are provisions for appeal to the Court of Appeal and further to the Supreme Court. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses. 4.1.1 Capacity building for state and non-state actors on business and human rights OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations. 4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations (…) III. Strengthening the capacity of judicial and quasi-judicial institutions to provide remedy to business-related human rights abuses and violations. 4.5.2 Improve access to legal services to communities affected by business-related human rights violations and abuses CHAPTER FIVE: INSTITUTIONAL FRAMEWORK (…) 5.2 Uganda Human Rights Commission (…) x. Receive, investigate and adjudicate cases of human rights violations in business operations. 5.5 Ministry of Justice and Constitutional Affairs (…) 5.16 The communities and households The community and households will; The strategic implementation framework in the 1.0 Appendices includes: Budgeted outputs in Annex I include: CHAPTER THREE: SITUATIONAL ANALYSIS 3.1 Land and Natural Resources Uganda’s natural resource base is one of the richest and most diverse in Africa, resulting in the country’s economy relying heavily on these resources for provision of goods and services. The NRM manifesto considers land, which includes other natural resources like minerals, water and forests, as a key factor of production, particularly for Ugandans most of whom are still in agrarian economy. As part of efforts to ensure effective management of Uganda’s environment and natural resources, several policies and institutions have been put in place including; The Constitution, National Land Policy 2013, the National Land use policy 2007 and The Land Act (amended) 2010. Despite the numerous achievements in land and natural resources management and administration, there still exists some challenges relating to protection of land rights in business operations. There is high incidences of small-scale and mass forced evictions orchestrated by businesses in both rural and urban areas. Illegal eviction is the consequence of lack of security of tenure and it amounts to a human rights viola on if conducted forcefully in disregard to set human rights standards. High demand for land for large scale investments has resulted into increasing land evictions. For instance in March 2018, two private companies in Kiryandongo and Kitwanga sub counties rendered more than 5,000 families homeless after forceful eviction. Relatedly evictions by Hoima Sugar Works which resulted to displacement of many families in Kijayo Village, Kikube district relating and the increasing urban land illegal evictions which have resulted into destruction of several buildings, leaving families homeless and dependent on government support. It was also established that those acquiring land for investments rarely undertake Social Impact Assessment (SIA) to determine the implications of land acquisition on the affected community and people. Undertaking a SIA minimizes the risks involved and prevents undue displacement, and ensures adequate rehabilitation, compensation and resettlement. It also guides the land acquiring agency to plan in a formal manner, thus saving costs, therefore reducing the risks involved in business activities. During consultations, it was established that there is inadequate community engagement in land acquisition processes. This has resulted into increased cases of land conflicts including destruction of the established investments and violations of human rights. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 2: To promote human rights compliance and accountability by business actors 4.2.2 Promoting compliance to human rights observance (…) ix. Promote gender-sensitive and inclusive land use planning by investors. OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations. 4.3.1 Promoting FPIC for communities in all business operations (…) ii. Develop and enforce guidelines and policies regarding land acquisition, compensation and resettlement of communities affected by business operations, prioritizing the needs of the most vulnerable, such as women, persons with disabilities and persons living with HIV/AIDS. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK (…) 5.4 Business entities (…) ii. Ensure free prior and informed consent in acquisition of land and other properties for business operations. 5.10 UWA, UNRA, NEMA, AND NFA ii. Ensure equal and equitable sharing of benefits among communities in conservation areas. iii. Ensure equity in settlement and resettlement of the displaced communities particularly the vulnerable groups. iv. Ensure that businesses under take ESIA prior to commencement of businesses operations
and conduct annual audits. The strategic implementation framwork in the 1.0 Appendices includes: Budgeted outputs in Annex I include: CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. (…) 4.4.2 Engagement of business operators on human rights Require human rights due diligence by businesses through comprehensive human rights impact assessments involving meaningful consultation with potentially affected groups, including consideration of gendered impacts of operations and covering value and supply chains. ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 2: To promote human rights compliance and accountability by business actors (…) 2.2.1 Promoting compliance to human rights observance (…) ii. Supporting the UHRC (Uganda Human Rights Commission), EOC (Equal Opportunities Commission), and other relevant government institutions in their engagements with businesses. CHAPTER 5: INSTITUTIONAL FRAMEWORK 5.3 Uganda Human Rights Commission Read more about National Human Rights Institutions/ Ombudspersons ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER THREE: SITUATIONAL ANALYSIS 3.7 Access to Remedy (…) In addition to the judicial mechanisms, victims can also seek quasi-judicial mechanisms for remedy. There are other tribunals such as Uganda Human Rights Commission (UHRC) Tribunal and the Equal Opportunities Commission (EOC) Tribunal. The aforementioned legal protection notwithstanding, stakeholder consultations revealed that the complex nature of court procedures, along with social, economic and political factors, present barriers in accessing remedy. Some of the challenges in accessing effective remedies include: access to court, inadequate number of judicial officers, high cost of litigation, long distance to court, delayed payment of awards, limited enforcement of judicial decisions and inadequate internal grievance redress mechanisms. For instance, a case filed in 2013 regarding persons who were internally displaced due to the establishment of a sugar factory was not concluded by June 2019. The delay in dispensing justice puts the affected persons at a risk of loss of livelihoods, food insecurity, and lack of access to basic services like health care, safe and clean water and education for the children among others. It is therefore important to improve the process of acquiring land and other assets for business operations, improve the method of relocating communities and provide access to remedy for the victims of violations and abuses of human rights. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses. 4.1.2 Capacity building for state and non-state actors on business and human rights i. Strengthen the technical capacity of judicial and non-judicial agencies on business and human-rights related issues. OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. (…) 4.4.2 Engagement of business operators on human rights (…) iii. Ensure the establishment and strengthening of gender and equity-responsive internal grievance redress mechanisms in business operations. OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations. 4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations 4.5.2 Improve access to legal services to communities affected by business-related human rights violations and abuses CHAPTER FIVE: INSTITUTIONAL FRAMEWORK (…) 5.3 Uganda Human Rights Commission (…) x. Receive, investigate and adjudicate cases of human rights violations in business operations. 5.6 Ministry of Justice and Constitutional Affairs (…) iv. Coordinate the formulation and review of legislation pertaining to business and human rights. v. Promote access to justice for victims of human rights violations in business operations. vi. Innovate solutions to quicken conclusion of court cases. 5.16 The communities and households The community and households will; ii. Strengthen social support networks and mechanisms to protect and promote the welfare of vulnerable groups. The strategic implementation framework
in the 1.0 Appendices includes: Budgeted outputs in Annex I include: Uganda is not a member country of the OECD. The Ugandan NAP makes no reference to OECD National Contact Points (NCPs). CHAPTER THREE: SITUATIONAL ANALYSIS 3.3 Labour Rights (…) Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. Noting that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments. 3.8 Women, Vulnerable and Marginalized Groups Human rights instruments set out obligations and commitments to ensure equality and non-discrimination. These are highlighted in various human rights instruments at international, regional and national levels including the following: SDG 5 gender equality and women empowerment , 8 on decent employment and 10 on reducing inequalities within and among countries, the International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, African Charter on Human and Peoples Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Constitution of Uganda under Chapter Four on the Protection and Promotion of Fundamental and Other Human Rights and Freedoms, the National Equal Opportunities Policy (2006), the National Gender Policy (2007), the Persons with Disability Act (2020) and the National Policy on Disability (2006). Despite the positive strides taken to provide legal protection for vulnerable groups, gaps persist and certain groups remain susceptible to suffer negative consequences of business operations. In particular, those that are already marginalized or excluded in society – as is often the case for women, minority groups, migrants, and persons with disabilities and persons living with HIV/AIDS. (…) Persons with Disabilities: It emerged that persons with disabilities were subjected to unfair treatment and often excluded from socio-economic development processes and employment opportunities due to stigma and discrimination. It was reported that physical barriers make it difficult for persons with disabilities to access government facilities, including labour offices, and certain potential work places. Persons with Disability are often excluded from accessing information and have limited access to education, which further limits their livelihood opportunities, which increases their vulnerability to exploitation. Disability affect men and women differently and impact women more due to social and cultural norms. According to the 2006 National Policy on Disability in Uganda, discriminatory cultural practices on property inheritance and property ownership affect the livelihoods of women with disabilities more adversely than men with disabilities. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 2: To promote human rights compliance and accountability by business actors 4.2.1 Empower communities especially vulnerable persons to claim their rights (…) ii. Conduct community dialogue meetings with rights holders prioritizing women, youth, older persons, persons with disabilities, ethnic minorities and people in hard to reach areas. OBJECTIVE 3: To promote meaningful and effective participation and respect for consent by relevant stakeholders in business operations. 4.3.1 Promoting FPIC for communities in all business operations OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. 4.4.1 Empower communities to demand for protection and fulfilment of their rights and access to justice OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations. 4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations (…) II. Provision of government-supported legal aid services to workers, especially vulnerable groups including women, persons with disabilities, persons living with HIV and AIDS and minorities. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses. 4.1.1 Strengthen coordination between the different government agencies working on business and human rights (…) OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations. 4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations (…) vi. Enhancing inter-sector and inter-agency coordination in handling complaints of victims of business-related human rights abuses and violations. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.1 Ministry Of Gender, Labour and Social Development (…) vi. Create and establish effective mechanisms and networks to enhance coordination of implementation of the NAP. (…) 5.7 Ministry of Justice and Constitutional Affairs 5.8 Local Governments (…) viii. Coordinate, monitor and supervise implementation of the policy and the equal opportunities Act at their respective levels. CHAPTER THREE: SITUATIONAL ANALYSIS 3.5 Social Service delivery by private actors In Africa, there is a growing rate of service provision by the private actors and this is attributed to the recognition that some bilateral donors and international institutions increasingly put pressure on African Countries to privatize or facilitate access to private actors in service delivery particularly health and education sectors, without consideration for State Parties’ obligations under the African Charter (ACHPR / Res. 420 (LXIV) 2019). NRM Manifesto 2021-2026 is committed to delivering social services like education and health, noting that “an educated and healthy population is key in improving people’s standards of living.” NDP III states that the government will work with the private sector on Human Capital Development to ensure that the resource-led sustainable industrialization process is both sustainable and beneficial to its citizens. In Uganda, the private sector is gradually playing a prominent role in service delivery, in areas which were the traditional domain of the State, through purely private engagements as well as Public Private Partnerships (PPPs). The rapid increase of the private sector development has not been matched by adequate regulation on protection and fulfilment of human rights within the context of businesses. Although the government has passed the PPP Act (2010), PPP Guidelines and has a National Strategy for Private Sector Development 2017/18-2021/22 in place; there is no legal requirement to enforce respect for and compliance with human rights standards. The rising cost of social services provided by private actors has resulted in unaffordability of these services. From the stakeholder consultations, it emerged that the private social service providers were viola ng rights of the public through charging exorbitant fees for their services, demanding for cash pay prior to service delivery particularly in health sector, displaying discrimination in employment opportunities, under payment of their staff among others. The Africa Commission on Human and Peoples Rights (Resolution 420) recognising these challenges; has implored State Parties to enact legislative and policy frameworks regulating private actors in social service delivery and ensure that their involvement is in conformity with regional and international human rights standards. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. (…) 4.4.2 Engagement of business operators on human rights Require human rights due diligence by businesses through comprehensive human rights impact assessments involving meaningful consultation with potentially affected groups, including consideration of gendered impacts of operations and covering value and supply chains. ‘Uganda’s NAP does not explicitly address this issue’ ‘Uganda’s NAP does not explicitly address this issue’ CHAPTER THREE: SITUATIONAL ANALYSIS 3.5 Social Service delivery by private actors In Africa, there is a growing rate of service provision by the private actors and this is attributed to the recognition that some bilateral donors and international institutions increasingly put pressure on African Countries to privatize or facilitate access to private actors in service delivery particularly health and education sectors, without consideration for State Parties’ obligations under the African Charter (ACHPR / Res. 420 (LXIV) 2019). NRM Manifesto 2021-2026 is committed to delivering social services like education and health, noting that “an educated and healthy population is key in improving people’s standards of living.” NDP III states that the government will work with the private sector on Human Capital Development to ensure that the resource-led sustainable industrialization process is both sustainable and beneficial to its citizens. In Uganda, the private sector is gradually playing a prominent role in service delivery, in areas which were the traditional domain of the State, through purely private engagements as well as Public Private Partnerships (PPPs). The rapid increase of the private sector development has not been matched by adequate regulation on protection and fulfilment of human rights within the context of businesses. Although the government has passed the PPP Act (2010), PPP Guidelines and has a National Strategy for Private Sector Development 2017/18-2021/22 in place; there is no legal requirement to enforce respect for and compliance with human rights standards. The rising cost of social services provided by private actors has resulted in unaffordability of these services. From the stakeholder consultations, it emerged that the private social service providers were violating rights of the public through charging exorbitant fees for their services, demanding for cash pay prior to service delivery particularly in health sector, displaying discrimination in employment opportunities, under payment of their staff among others. The Africa Commission on Human and Peoples Rights (Resolution 420) recognising these challenges; has implored State Parties to enact legislative and policy frameworks regulating private actors in social service delivery and ensure that their involvement is in conformity with regional and international human rights standards. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.1 Ministry Of Gender, Labour and Social Development (…) vii. Undertake assessments and audits for compliance to human rights by business operations including state and non-state entities. 5.15 Civil Society Organizations The civil society organizations are critical stakeholders in implementing NAP on business and human rights. They will be responsible for;- Read more about State Owned Enterprises/ Public Private Partnerships CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES (…) OBJECTIVE 4: To promote social inclusion and rights of the vulnerable and marginalized individuals and groups in business operations. (…) 4.4.2 Engagement of business operators on human rights Require human rights due diligence by businesses through comprehensive human rights impact assessments involving meaningful consultation with potentially affected groups, including consideration of gendered impacts of operations and covering value and supply chains. The strategic implementation framework in the 1.0 Appendices includes: CHAPTER THREE: SITUATIONAL ANALYSIS 3.4 Revenue Transparency, Tax exemptions and corruption Uganda has been consistently attracting the highest foreign direct investment (FDI) in East Africa by attracting between $250 – 300 million in FDI annually between 2010 and 2016 – largely due to its stable and consistent macro-economic policies including liberalization of business environment and tax incentives to investors in selected sectors like manufacturing, oil and gas and Energy (URA, 2019; a Guide on Tax Incentives/Exemptions Available to the Uganda Investors). Stakeholders, particularly national business owners’ and private providers, noted that tax exemptions were not provided transparently and they were provided to large or foreign companies, making the State to lose needed revenue and causing unfair competition between those who receive and those who do not. The participants also noted that if tax exemptions/ tax incentives are to be granted, the business owners should demonstrate that the exemptions/ tax incentives are justified and their implementation will ensure deliberate, concrete and targeted steps to guarantee protection and fulfilment of human rights, particularly through employment creation and delivery of social services thus improving lives of the Ugandans. In addition, the exemptions should be monitored, their social benefits and the human rights compliance periodically assessed. The assessments should be informed by broad public participation, especially of individuals that are directly affected. Revenue transparency particularly revenue in the extractives sector has become an increasing concern to the public. There has been a wider call for resources justice through arrangements such as Publish What You Pay (PWYP), the Natural Resources Charter, Extractives Industries transparency Initiative among others. The NAP consultations enlisted several challenges that affect revenue transparency. There is an inflow of investors operating in the districts but without licenses from the district authorities. This was typically raised in Karamoja region where many business owners in the mining sector emerge with mining licenses purportedly from Kampala and do not contribute any taxes to the local government authorities. This has led to reduction in local revenue collection as well as affected social service delivery to the communities. Corruption is one of the major challenges leading to violation of human rights in business operations in Uganda. Many business operators reported corruption in procurement, acquisition of licenses and tax collection.
Imprudent utilization of tax and other resources through corruption undermines positive outcomes of businesses in Uganda. This weakens the economic and social efforts of the government to provide services and even further discourages transparency in matters of business operations. CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.1 Ministry Of Gender, Labour and Social Development (…) viii. Mobilize resources for implementation of the action plan. 5.4 Business entities (…) vii. Pay taxes to the government. 5.5 Ministry of Finance, Planning and Economic Development (…) ii. Enact appropriate tax regimes. 5.9 Local Governments (…) x. Mobilize resources to implement the action plan. CHAPTER THREE: SITUATIONAL ANALYSIS 3.8 Women, Vulnerable and Marginalized Groups Human rights instruments set out obligations and commitments to ensure equality and non-discrimination. These are highlighted in various human rights instruments at international, regional and national levels including the following: SDG 5 gender equality and women empowerment , 8 on decent employment and 10 on reducing inequalities within and among countries, the International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discrimination Against Women, African Charter on Human and Peoples Rights and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the Constitution of Uganda under Chapter Four on the Protection and Promotion of Fundamental and Other Human Rights and Freedoms, the National Equal Opportunities Policy (2006), the National Gender Policy (2007), the Persons with Disability Act (2020) and the National Policy on Disability (2006). CHAPTER THREE: SITUATIONAL ANALYSIS 3.6 Consumer Protection (…) 6. The Tourism Act 2008 does not explicitly provide for the rights and obligations of consumers. It does not even have direct provisions on mechanisms for handling consumer complaints.
CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.8 Ministry of Trade, Industrial and Cooperatives CHAPTER THREE: SITUATIONAL ANALYSIS 3.3 Labour Rights The government recognizes the rights and contributions of workers to national development as such several legal and policy frameworks are in place to guarantee the right to work. Article 40 of the 1995 Constitution provides for the protection of workers’ rights, which includes the recognition of just and favourable conditions of work. The key legislation on working conditions in Uganda include the Employment Act (2006), Workers Compensation Act (2000) and the Occupational Safety and Health Act (2006), which regulate employment conditions including occupational safety and health standards, wages, working hours, leave and termination of employment. The Government has created conducive working environment that allows for businesses to thrive. As such, businesses have become a major source of employment for Ugandans especially the youth and women. According to UBOS (2018), overall unemployment was at 9.7% while youth unemployment stood at 40.7%. The unemployment situation has left many Ugandans especially the youth with no choice, but to accept any form of work offered to them. This has led to the growing trend of employment opportunities in business activities. However, there have also been reports of cases of human rights abuses associated with businesses operations. Notwithstanding the progressive legal regime, there are a number of abuses experienced by especially vulnerable groups like women, people with disabilities and youth. The field findings revealed glaring gaps in labour administration in the country particularly in the business sector. Noting that whereas each district is mandated to have a labour officer, due to budgetary limitations and varying priorities at the district level, many districts do not have substantive labour officers in place. Those in place raised a concern of difficulty in executing their jobs due to under-funding to the labour functions, lack of transport to carry out routine and effective supervision and corruption, which hinders compliance to their rulings. Some of the labour officers also highlighted challenges of information asymmetry between the centre (MGLSD) and the local governments. The consultations also revealed that women comprise of the majority of labour force in the Planta on Agriculture and informal Sectors—which still face challenges around regulatory and protective measures. Casualization of labour is also ripe within these sectors. It was further revealed that cases of occupational and safety health hazards of women in manufacturing and production industries have increased. It was also shared that workers are employed without formal contracts hence no job security as well as limited access to remedy for human rights abuses by business operations including delays or lack of compensations in case of workplace accidents. In some companies, management was not in support of their workers joining trade unions since they consider it that it affects the productivity of workers. It was also reported that employees are often exploited by companies to work for long hours and are often poorly remunerated. This was reported to be common in the planta on and construction companies. It was further established that many employers in the business sector do not comply with the laws guaranteeing labour rights. Uganda Human Rights Commission highlighted an emerging human rights concern of trafficking of persons abroad for work. It was noted that most of the victims were women and youth. The commission also highlights that there is no clear reporting and response mechanism for those caught up in violations abroad. It was further noted that despite registration and licensing of companies to regulate this business, many fraudulent companies were not fully complying with the established guidelines thus exposing Ugandans to violations of their rights. During stakeholder consultations the issues raised include; negative impacts of externalization of labour where youth especially girls were taken to work abroad without contracts. Subsequently such victims experience abuse of rights, physical and psychological violence and lack of protection while abroad. CHAPTER FOUR: STRATEGIES AND INTERVENTIONS STRATEGIES OBJECTIVE 1: To strengthen institutional capacity, operations and coordination efforts of state and non-state actors for the protection and promotion of human rights in businesses. 4.1.3 Capacity building for state and non-state actors on business and human rights (…) iv. Strengthen the function of occupational health inspectors to monitor OSH (Occupational Safety and Health) Standards. OBJECTIVE 2: To promote human rights compliance and accountability by business actors 4.2.2 Capacity building for business operators on human rights observance (…) iii. Strengthen the capacity of the human resource function in business operations in observing workers’ rights. iv. Strengthen the capacity of Occupational Safety and Health managers and committees in businesses on human rights compliance. 4.2.3 Empower communities especially vulnerable persons to claim their rights (…) iii. Popularize existing labour laws and labour standards relating to Occupational Safety and Health to make them known widely. iv. Ensure helplines are available for reporting unsafe working conditions and other labour complaints. OBJECTIVE 5: To enhance access to remedy to victims of business-related human rights abuses and violations in business operations. 4.5.1 Strengthen access to remedy mechanisms against business-related human rights abuses and violations CHAPTER FIVE: INSTITUTIONAL FRAMEWORK 5.4 Business entities 5.13 Private Sector (…) vii. Sensitize employees on human rights. Budgeted outputs in Annex I include:Children’s rights
Conflict-affected areas
Construction sector
Corporate law & corporate governance
Corruption
Data protection & privacy
Development finance institutions
Digital technology & electronics sector
Energy sector
Environment & climate change
Equality & non-discrimination
Export credit
Extractives sector
Extraterritorial jurisdiction
Finance & banking sector
Fisheries and aquaculture sectors
Forced labour & modern slavery
Freedom of association
Garment, Textile and Footwear Sector
Gender & women’s rights
Guidance to business
Health and social care
Human rights defenders & whistle-blowers
Human rights impact assessments
Indigenous peoples
Investment treaties & investor-state dispute settlements
Judicial remedy
Land
Mandatory human rights due diligence
Migrant workers
National Human Rights Institutions/ Ombudspersons
Non-financial reporting
Non-judicial grievance mechanisms
OECD National Contact Points
Persons with disabilities
Policy coherence
Privatisation
Public procurement
Security sector
Small & medium-sized enterprises
State Owned Enterprises/ Public Private Partnerships
Supply chains
Taxation
The 2030 Agenda for Sustainable Development
Tourism sector
Trade
Workers’ rights