Safer Workplaces Now: Uganda’s Urgent Need to Domesticate ILO Convention 190
By Georgia Tumwesigye

Uganda took a bold step in 2023 by ratifying the International Labour Organization’s (ILO) ground-breaking Violence and Harassment Convention, 2019 (C190), becoming Africa’s 8th nation to do so. But ratification is only the first lap in this race. The real victory lies in urgent domestication to transform this global commitment into enforceable local laws. Without swift action, Uganda risks leaving millions of workers vulnerable to abuse in an era demanding dignity and safety for all.

C190 is not just another treaty, it’s a lifeline for the workforce. This is the world’s first comprehensive shield against workplace violence and harassment, tackling everything from sexual assault to psychological bullying. Statistics on workplace violence in Uganda reveal troubling trends in sexual harassment, physical abuse, and psychological violence that deeply affect workers’ well-being, productivity, and rights. According to the Uganda Demographic and Health Survey, approximately 22% of Ugandan women aged 15 – 49 have experienced sexual violence, and 15% have faced physical violence, contributing to a significant threat to their security and workplace stability.

Current laws, like the Employment Act, force victims to navigate a labyrinth of high burdens of proof and narrow definitions, leaving perpetrators unchecked. It is not uncommon for women to be ridiculed for reporting violence while perpetrators are freed. Every day that passes without domestication means more workers, especially women, endure fear instead of safety and freedom.

Closing the Gaps: What C190 Fixes

Uganda’s existing laws are riddled with loopholes. Here’s how C190 bridges them:

1. Broader Definitions, Stronger Protections:

ILO C190 defines violence and harassment broadly, including both physical and psychological aspects, which the Employment Act currently does not cover comprehensively. C190 emphasizes that violence can take multiple forms, including sexual harassment, bullying, and threats of violence, widening the scope of protection. Recommendation 206 also includes non-physical forms of abuse, like intimidation and verbal threats, expanding protection to psychological harm, which is often neglected in Uganda’s legislation.

2. Third-Party Accountability:

Imagine a nurse harassed by a patient or a vendor abused by a client. Uganda’s laws don’t protect them. The Employment Act lacks explicit provisions on third-party harassment while the definition of sexual harassment under Section 7(1) of the same Act confines such harassment to scenarios where the acts are perpetrated by the employer. C190 mandates employer responsibility for safety no matter who the abuser is, acknowledging that threats can come from outside the employer-employee relationship.

3. Inclusion for the Invisible Workforce:

Over 80% of Ugandans work in informal sectors such as freelance or domestic workers, street vendors, gig workers. The current Employment Act excludes them. C190 covers all workplaces, including remote, informal, and domestic work environments, ensuring broader inclusivity for workers in all employment arrangements. This is set to be addressed by revisions within the Employment (Amendment) Bill 2022, finally recognizing Uganda’s true workforce.

4. No More Size Discrimination:

The current labour law only mandates employers with 25+ employees to adopt and formulate sexual harassment prevention measures. This 25-employee threshold excludes smaller and/or larger workplaces. ILO C190 requires employers to adopt policies and measures, conduct risk assessments, and implement grievance mechanisms for reporting and addressing issues of harassment and violence regardless of the workforce numbers. The ongoing Bill thus offers more protection to all workers by creating a general obligation to all employers, irrespective of the number of employees.

Why Uganda Can’t Wait: The Imperative for Domestication

  • Protect Rights, Boost the Economy: Beyond being a moral crisis, violence is economic sabotage. Fearful workers are less productive. Safe workplaces mean thriving businesses.
  • Gender Equality Now: With 15% of women facing physical violence at work, C190 isn’t optional. It’s a toolkit for dismantling barriers to women’s economic empowerment.
  • Global Reputation, Local Impact: As an ILO member, Uganda’s credibility hinges on aligning with global standards. Domestication signals commitment to human rights thus attracting ethical investors and partners.

Steps Towards Domestication and Implementation

To effectively domesticate and implement ILO Convention 190 and Recommendation 206, the Government of Uganda should undertake the following steps:

  • Legislative Reform: Amend existing labour laws and enact new legislation that comprehensively addresses all forms of workplace violence and harassment in line with the definitions and standards set out in C190. The President needs to urgently assent to the Employment Amendment Bill No. 2 of 2022 in accordance with Article 91 of the Constitution of Uganda.
  • Awareness and Training: Launch nationwide awareness campaigns to educate employers, workers, and the general public about the rights and responsibilities enshrined in C190 and the amended legislation. This should be complemented by targeted training programs for employers and labour officers.
  • Institutional Strengthening: Fortify the capacity of institutions responsible for enforcing labour laws, such as the Ministry of Gender, Labour, and Social Development, to effectively monitor and address cases of workplace violence and harassment.
  • Support Services: Establish accessible support services for survivors of workplace violence and harassment, including counselling, legal assistance, and safe reporting mechanisms.
  • Multi-stakeholder Engagement: Foster collaboration between the government, employers, workers’ organizations, and civil society to ensure a coordinated and inclusive approach to implementing international standards.

Act Now!

Uganda stands at a crossroads. Ratifying C190 was a promise; domestication and implementation will be the real the proof. Delays risk lives, livelihoods, and the nation’s progress. In taking decisive action to adopt these international standards, Uganda will transform workplaces into spaces of dignity, fuel economic growth, and set a precedent for Africa.

The author is a human rights’ advocate and a Women and Leadership Programme Manager at the Forum for Women in Democracy (FOWODE).