Background
The current minimum wage for unskilled labour in Uganda was set at Shs 6,000 in 1984 by Statutory Instrument No. 38/1984. This amount which has been in force for more than 20years has been overtaken by economic realities and as a result workers' right to adequatewages have been abused and exploited.
In 1995, the Government of Uganda constituted the Minimum Wages Advisory Council under General Notice No. 176/1995 in accordance with section 3(1) of the Minimum Wages Advisory Boards and Councils Act Chapter 164 Laws of Uganda 1964. The Board was to inquire into the wages of unskilled labour in Uganda and submit recommendations having regard to the existing circumstances, recommend different wages which should apply as between different areas, among others.
The Board recommended that the economy could support minimum wage of Shs 75,000 per month for the unskilled labour uniformly applicable throughout Uganda. The recommendations were forwarded to His Excellency the President so that he could assent to the amount recommended but he did not do so and the recommendations were never implemented to date.
The Board also recommended that a board be constituted periodically to review the wage set in relation to the economic growth but to date no such board has ever been constituted over twenty years down the road.
As a result workers' rights have continued to be violated by their employers as the current amount of Shs 6,000 amounts to slavery, servitude as it cannot guarantee access to basic rights like a livelihood, food and shelter. It also amounts to a violation of international instruments like the International Convention on Economic Social and Cultural Rights 1966, Convention of International Labour Organization 1970 and the East African Community Treaty to which Uganda is a signatory.
In order to remedy the above problem, Platform for Labour Action filed Constitutional Petition NO. 20/2007 Platform for Labour Action V The Attorney General under Article 137(1) of the Constitution of the Republic of Uganda 1995 and the Rules of the Constitutional Court (Petition for Declarations) under Article 137 of the Constitutional Declaration Legal Notice . NO 4 of 1996 challenging the current minimum wage of Shs 6,000/=. Articles 137 (3) (a) and
(b) state that any person who alleges that an Act of Parliament or any other law or any thing in or done under the authority of any law; Any act or omission by any person or authority is inconsistent with or in contravention of this Constitution may Petition the Constitutional Court for a declaration to that effect and for redress where appropriate.
One of the grounds in the petition was that the current minimum wage fixed at Ug Shs 6000/= per month under the currency reform statute is a mockery of economic and social justice guaranteed under the Constitution specifically objective No. 14(a) and Article 8A of the Constitution which requires the state to direct all development efforts at ensuring maximum social and cultural well being of the people;
The case which was first heard on 2nd April 2009 was dismissed on 20th July 2009 on the grounds that the petition did not comply with Article 137(a) and (b) by the Honorable Justices. Fourteen years since the Minimum Wages Advisory Board recommended that the minimum wage be set at 75,000/= in 1995, no action has been taken by Government to implement this recommendation. Consequently the current minimum wage still stands at shs 6,000/=.
Consequently workers continue to receive pay which does not cater for their basic needs such as food, shelter, education for children, medical treatment which are guaranteed under the International Covenant on Economic, Social, and Cultural Rights.
Recent studies show that more than 30 percent of the employees earn less than Ug.Shs.20,000/= a month in nominal terms.
About 34 percent in the private sector earn less than Ug.Shs.20,000/= per month compared to only 3 percent in the public sector. Only 15 percent of the private sector employees earn more than Ug.Shs.100,000/= compared to the 77 percent in the public sector. Private employees constitute only 17 percent of the total persons in paid employment.
Overall, persons employed in the public sector earn five times more than those in the private sector. Abundance of unskilled labour and low levels of human capital, are cited as a possible explanations for lower wages/salaries in the private sector. The results further show that in the private sector, females are paid much lower wages than males. Wage inequality is also noticeable by rural-urban residence with persons working in urban areas earning three times as much.
Persons working in elementary occupations were least paid (Ug.Shs.24, 000/= per month) followed by those in agriculture (Ug.Shs.27,000/=) in 2005/06. The reverse was true in 2002/03. The very low wages of those employed in agriculture and elementary occupations underlines the plight of those engaged in those occupations, considering that they are the majority.
In an Affidavit in reply to the Petition, the Attorney General stated that Cap 221 had been recommended for revision to ensure compliance with the 1995 Constitution as amended.
This clearly indicates that Government acknowledges the fact that the current minimum wage legislation does not comply with the Constitution. In light of the foregoing, Platform for Labour Action calls upon the government of Uganda to;
_ prioritise the revision of the Minimum Wages and Advisory Councils Act Cap 221
_ Reconstitute the Minimum Wages Advisory Board in view of the fact that the current minimum wage of Shs 6,000/- has been in place for over 25 years and has thus been overtaken by economic realities such as inflation, rising costs of living and natural catastrophies.
ABOUT PLATFORM FOR LABOUR ACTION AND LEGAL AID IN UGANDA
Platform for Labour Action (PLA) is a national civil society organisation that promotes and protects the human rights of vulnerable and marginalized workers.
OUR VISION
A society where democratic values and social justice are respected and observed in the world of work
OUR MISSION
Promoting and protecting the rights of the vulnerable and marginalized workers through empowerment of communities and individuals in Uganda.
ACTIVITIES
In order to deliver on its mandate PLA undertakes a number of activities namely:
_ Legal and Labour Rights Action through alternative Dispute resolution (ADR) and Strategic Litigation, rights awareness and education to empower our direct beneficiaries and their communities.
_ Networking and Advocacy to influence policy and legal reform processes and their implementation such as social security reform
_ Research and Documentation
_ Prevention and protection of child domestic workers from exploitative and abusive conditions
_ HIV/AIDS Prevention and impact litigation in the informal sector
_ Protection against sexual violence in the informal sector and civil and political participation
Realizing that access to legal counsel and justice is difficult for the marginalized workers and those rendered vulnerable by various conditions, mostly socio-economic,
PLA contributes to the Justice Law and Order Sector (JLOS) through provision of:-
_ Free legal advisory and support services
_ Free court representation and litigation
_ Public Interest Litigation
_ Alternative Dispute resolution(ADR)
_ Rights awareness and education
Since 2002, PLA has handled over 5600 Labour related cases. The nature of complaints handled include; unpaid wages, wrongful dismissal, discrimination, disability, compensation for work related injuries, breach of employment contract, pension and terminal benefits claims, unpaid leave, eviction from work places and general advise, sexual violence and harassment suffered by workers.
TARGET GROUP FOR THE LEGAL AID SERVICES
Vulnerable, marginalized and often undocumented workers, majority of whom are women, children and youth. These include child and adult domestic workers, food and water vendors, security guards, transport service providers, casual laborers, construction workers and agricultural workers amongst others.
COVERAGE OF OUR LEGAL AID SERVICES
Our coverage is national and we operate three legal aid clinics at the head office in Kampala and in Wakiso and Lira districts. In Lira the clinics is run in partnership with the district administration which hosts the office. PLA also convenes legal out reach clinics and these are hosted by community based organizations and local leaders such as Bwaise informal sector peer Educators Association in Bwaise, Nansana HIV/AIDS support group in Nansana,
Katwe LC2 office and Ababayita Ababiri LC1 office every thursday and one tuesday of each month.
CHALLENGES IN PROMOTING ACCESS TO JUSTICE FOR THE POOR WORKERS
UNCOOPERATIVE EMPLOYERS/ RESPONDENTS
_ In a number of instances in pursuit of Alternative Dispute Resolution, we seek appointment with employers/ respondents. However a number of them do not honor appointments. This causes delays in settlement of disputes where as most of our clients expect instant results since they are out of employment and need to survive or even relocate their villages.
LENGTHY COURT PROCESSES
_ Related to the above are the long winding court processed. Delays in the court system arise from adjournments, transfer of judicial officer, difficulties in securing of early hearing dated, non- appearance of parties amongst others. For example it takes on average three years to conclude a case.
NATURE OF CLIENTELE
_ Clients rotate around service providers which is a waste of time and resources.
_ Lack of appointment letters which renders mediation and litigation difficult due to lack of evidence.
_ Clients providing piecemeal information and this affects the progress of the case
_ Clients expect instant solutions which may be impossible since each matter has to be subjected to a process of investigation and verification and a times court litigation which takes time.
_ Others provide false information or do not vigilantly follow up heir cases even after it taken on by PLA. Others lack supporting documents to prove their claims.
NON PRIORITISATION OF LABOUR RIGHTS JUSTICE
_ Absence and non functioning of the Industrial Court which has created a backlog of cases in the labour offices.
_ Limited and absence of Labour Officers in 50% of the Districts of Uganda.
OUR CONTACTS
Kampala Office:
Plot 66, Kanjokya , Kamwokya
P. O. Box 9714, Kampala Tel: +256-414-253383, 0312-260196
Fax: +256-414-2301412, 0414-253383 Email: legal@pla-uganda.org;
socialsecurity@pla-uganda.org; info@pla-uganda.org
Lira Branch Office
C/O Lira Administration Office Block,
Next to the Immigration Office 2nd Floor, Tel: 0473420009
Email: legal@pla-uganda.org
Iganga Branch Office
Nambale Trading Centre, Kaliro Road
Nambale Sub- County, Iganga.
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