WORKERSANDTHELAWINUGANDA

by

JOHN-JEAN B. BARYA

Research Fellow

Centre for Basic Research, Kampala

Lecturer

Faculty of Law, Makerere University

LABOUR STUDIES PROJECT II

CENTRE FOR BASIC RESEARCH WORKING PAPER NO 17

DECEMBER 1991
 Table of Contents

Page

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

SECfiON ONE: Methodological And Theoretical Considerations. . . 2

A. The Historical And Materialist Analysis Of Law . . . . . . . . . . . . . . . 2

B. Workers' Education To-date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

C. Pertinent Legal Concepts and Issues . . . . . . . . . . . . . . . . . . . . . . . . . . 6

D. Labour Law in Uganda: State of Knowledge................... 9

SECfiON TWO: The Law Regulating Organisational Rights. . . . . . 10

A. Constitutional Provisions and Trade Union Legislation ........ 10

B. Recognition Agreements and the Regulation of Trade Disputes. . 23

C. The Law in Practice: A Socio- Historical Perspective. . . . . . . . . . . 27

SECfiON THREE : The Law Regulating Conditions of Labour . . . . 43

A. The Contract of Employment .... ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

B. Conditions of Labour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

C. The Social Security Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

SECfiON FOUR: Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
 WORKERS AND THE LAW IN UGANDA 1

INTRODUCTION

This paper seeks first of all to state what the law regulating workers' lives is, the origin
of this law, and its socio-political significance. Secondly, since the paper is meant
to be a source for workers' education we shall delve into the various characteristics of
law namely the instrumentalist, ideological and political characteristics in order to
demystify it so that workers and their leaders may conceptualise this law in its proper
perspective rather than as the state, employers or their unions usually portray it to be.
Thirdly it is hoped that this paper, as part of the CBR Project on Workers' Education
as a whole, may be utilised by workers and their leaders in the struggle to protect and
advance their rights as workers.

In order to achieve the above objectives we shall first isolate the nature and character
of existing approaches to workers' education generally; and in particular approaches
to the teaching of laws regulating workers' lives or labour laws as they are generally
called. The ideological outlook of the trade union movement in Uganda will be
discussed in this connection as the major source of weakness in the existing workers'
educational programmes. Secondly we shall look into the general legal framework in
which labour law has historically been conceptualised, laid down and applied; whether
by the administrative or by the judicial organs of the state. Thirdly we shall state our
methodological premises and raise the important theoretical issues with which the
paper will be concerned.

This paper is divided into three major sections. In Section One we pose the problem
of workers' education specifically as it relates to education about the law and legal
rights. In order to adequately deal with this question we first lay the background to the
way trade unions, the state and employers view and define the social phenomenon of
trade unionism. This also requires an understanding of the theoretical framework and
premises from which the law generally operates in order to explain how it specifically
operates vis-a-vis workers as workers. The theoretical issues raised in this section will
form the backbone for the analysis of the detailed legal provisions in the subsequent
sections.

Section Two deals with aspects of the law regulating organizational rights of workers
while Section Three treats the legal regulation of conditions of labour. We treat the
two aspects of labour law separately because their significance for workers is different.
While organizational rights to be dealt with in Section Two refer to the empowerment
of workers by law as a basis for their struggles, the laws regulating conditions of labour
to be dealt with in Section Three are mainly concerned with substantive rights achieved,
partly, as a result of the utilisation of organizational rights in the first place. Put in
another way, the former rights are generally procedural while the latter are substantive.

The conclusion of this paper will, apart from outlining the major propositions we make
on the conception of labour law and workers education, procedural and substantive
 2 CBR WORKING PAPER NUMBER 17

rights, make specific recommendations for workers' education in the law in Uganda's
present socio-political conjuncture.

SECTION ONE

METHODOLOGICAL AND THEORETICAL CONSIDERATIONS.

our conception and interpretation of the law is guided by the historical and
materialist method. We shall therefore first look at the importance of this approach
for this paper. Secondly the conception of workers' education historically adopted by
Uganda's trade unions directly affects their conception of labour laws and how they
address themselves to these laws. Thirdly, having looked at the trade union conception
of trade union education, we then outline the legal issues which the analysis of
organizational and substantive rights will address throughout the paper. Finally, our
contribution to the understanding and demystification of labour law will be situated in
the context of the works on labour that have so far been written in connection with the
Ugandan situation.

A. THE HISTORICAL AND MATERIALIST ANALYSIS OF LAW

The analysis of labour law in this paper is undertaken within the framework of the
Marxist conceptualization of law - a historical and materialist treatment of law and
legal phenomena. Historical because we believe law is a socio-historical construct and
materialist precisely because our approach in anchored not in any natural or eternal
truths about law but rather in a concrete analysis of social relations, in this case among
labour, capital and the state. This approach to the study and analysis of law is definitely
counterpoised to the most common and dominant approaches to the phenomenon of
law in this country. In our view the three most common approaches to the interpretation
of law are: natural law concepts, legal positivism and the pluralist conception of law. A
brief summary of these approaches should suffice here.

Natural law theory originates from classical Greek thinking but became more
systematised during the feudal era in Europe in particular by the Catholic theologian
St. Thomas Aquinas. Thomas Aquinas argued that there existed a hierarchy of law
derived ultimately from God in which human or positive law had a rightful but lower
place (Lord LLoyd:84). Although the essentially religious and supernatural aspects of
this concept of law may have been discarded or at least minimised in this century the
view that both justice and morality must be reflected in law is still current and the
modified natural law concepts are still important in political and legal ideology. Indeed
"essentially the theory has afforded a valuable aid to the powers that be, desirous of
justifying the existing law and the social and economic system it embodies, for by
 WORKERSANDTHELAWINUGANDA 3

regarding positive law as based on a higher law ordained by God or by divine or natural
reason, the actual legal system thus acquires a sanctity it would not otherwise possess"
(ibid: 79). In addition to justice and morality the issue of fundamental or so called
human rights embedded in many constitutions in the world including that of Uganda
and the Universal Declaration of Human Rights are essentially natural law concepts.
Justification of law by state in Uganda is often made in terms of the said natural law
concepts namely, morality, justice, human rights or simply the intrinsic sanctity of law
itself especially in the much flaunted doctrine of the rule of law.

On the one hand while natural law concepts operate probably at a higher, generalised
and abstract level in the treatment of law, legal positivism, on the other hand deals less
in abstractions. While natural law approaches are idealist and metaphysical, legal
positivism concentrates on things as they are rather than as they might or ought to be:
it is therefore essentially secular, empirical and relativist. Legal positivism was a theory
of the rising European bourgeoisie and this is partly why it rejected natural law theory
which sought to legitimate the feudal order. Its importance above all, lies in its rejection
of metaphysics and insisting on the scientific and factual analysis of law and legal
concepts. The main proponents of legal positivism were J ere my Bentham ( 1748-1832)
and John Austin ( 1790-1859). Between them they developed the primary concepts of
legal positivism. According to Austin law is a command of the sovereign. "A law... may
be said to be a rule laid down for the guidance of an intelligent being by an intelligent
being having power over him" and "every law" according to Austin "... is a command".
In case the command is disobeyed there will be " a sanction or an enforcement of
1
obedience." Sovereignty was also defined by Austin. For sovereignty to exist the bulk
of a given society have to be in the habit of obedience to a determine human superior.
The relationship between the superior and other members of society rendering him
obedience "is the relation of sovereignty and subjection"2 However although legal
positivism was an advance on natural law in its rejection of a priori methods of thinking
of natural law which turned away from the realities of actual law in order to discover
in nature or reason principles of universal validity (R.W.M. Dias:451) legal positivism
was constructed in a specific and bourgeois ideological framework. It sought to establish
that the analysis of law and legal concepts was distinct and separate from sociological
and historical inquiries, that legal decisions can be deduced logically from
predetermined rules without recourse to social aims, policy or morality, that moral
judgements cannot be established or defended by rational argument, evidence or proof
and that the law as actually laid down, must be kept separate from the law as it ought
to be . In short this theory of law treats law as a value-free object of inquiry. In our view
it is in fact not a theory at all but a rationalization of the status quo. In the 18th and
19th centuries context it sought to establish national sovereignty of the bourgeoisie in
those states. This is why law was viewed in terms of command and obedience,
sovereignty and subjection. Legal positivism to-date mainly concerns itself with the

1 1 J. Austin: The Province of Jurisprudence Determined in Lord LLoyd: 223-226.

2 ibid. 234.
 4 CBR WORKING PAPER NUMBER 17

formal validity of law and is less concerned about the content: its moral, social, political
or ideological character. In the context of Uganda it could be said that legal positivism
is the most pervasive approach that legal education, state legislation and judicial
decisions take. In this connection the conceptualization, enactment and practical
application of labour law should be seen in this light. Law is generally taught as it is and
the judiciary is never concerned with the social effects of its decisions: its is concerned
with applying the law as it is.

The pluralist conception of law is not a coherent theoretical approach to the

understanding of law but is a set of unpronounced, unarticulated assumptions about
the nature of law and its social function and character. This approach is particularly
pertinent to labour law or, as it is at times described, industrial relations law. This
concept oflaw may be compared to what Trubeck and Galanter described as the liberal
legalist paradigm when characterising nature of the law and and devevelopment school
of the 1960s and early 1970s which was concerned with the role of law as a weapon of
development and modernisation in the Third World and Africa in particular
(D.Trubeck & M Galanter 1974 : 1070-79). The main elements of this understanding
of law , for our purposes, were : 1) that society is made up of individuals, intermediate
groups which voluntarily organize themselves and the state; 2) the state exercises
control over the individuals through law-bodies of rules that are addressed universally
to all individuals similarly situated by which the state itself is constrained; 3) rules are
consciously designed to achieve social purposes or effectuate basic social principles.
These purposes are those of the society as a whole , not of limited groups within it.
Further rules are made through a pluralist process in which no singular group
dominates the process of formulation of legal rules and no special characteristic of
individuals or groups gives them systematic advantages or disadvantages in rule making;
4) these rules are enforced equally for all citizens, and in a fashion that achieves the
purposes for which they were consciously designed (ibid: 1071-1072). Our view is that
although this approach to the understanding oflaw may have been discredited in radical
academic legal circles (see generally the review by F. Snyder 1980) it is submitted here
that what underlies the conception and practice of labour law (or industrial relations
law) in Uganda is indeed legal pluralism of the liberal legalist type summarised here.
So while the teaching and practical application of law reflects the legal positivist
approach, in general, labour law is itself conceived by the state, employers and workers'
organisations (mainly trade unions) especially its creation and enforcement as a
pluralist, tripartite venture. On the other hand the attempts by the state to have law
accepted and respected is based on the natural concepts of law whereby law performs
an ideological function embedded in its supposedly natural sacrosanctity.

The value-free positivist concept of law, the idealist natural law theory and the pluralist
conception of law will be treated in this paper with regard to our analysis of labour law
as approaches to law of the dominant classes and social groups which do not expose
the reality of law objectively nor from the point of view of labour. In this connection
we propose to anchor our analysis of the law, instead, as stated earlier, within the
historical and materialist framework. But even with the latter approach it is important
 WORKERS AND THE LAW IN UGANDA 5

that we specify the specific theoretical concepts that will guide our treatment of our
subject-matter since even within Marxist historical materialism disputes about the
character and social-historical function of law abound.

B. WORKERS' EDUCATION TO-DATE

This paper starts from the premises that the education programmes and the resulting
ideological outlook of the majority in the trade union movement (the organised
workers) have since the 1950s been essentially technical and narrow in terms of their
conception of workers' place in society. This education which emanated mainly from
the Western trade unions especially the ICFfU (International Confederation of Free
Trade Unions) advanced a technocratic and economistic definition of trade unionism.
It ignored the historical and social dimensions of knowledge generally and of trade
unionism in particular. Mter independence with Uganda's membership of the United
Nations one ofthe latter's organs ILO (International Labour Organisation) came to be
quite influential in developments in Uganda's industrial relations. With independence
the idea of bilateral collective agreements which was beginning to catch on was
gradually replaced with the tripartite conception of industrial relations with definite
encouragement by the ILO, employers and the state. Trade union leadership generally
acquiesced in this arrangement.

Central to tripartism is a consensual view of industrial relations aimed at maintaining

industrial harmony. It may be noted here that most Mrican post-colonial states
favoured tripartism because it was consistent with their general corporatist policies.
Collier has defined corporatism as

a pattern of relationships between the state and interest groups that involves such elements
as state structuring of representation that produces a system of officially sanctioned,
non-competitive interest associations, organised into legally prescribed functional group-
ings, state subsidy of these associations, and direct state control over their leadership,
demand-making and internal governance. 3

The main aim of the corporatist organisation of society and of tripartism in industrial
relations is to deny class and/ or other forms of social differentiation and an attempt to
mystify the class character of state policy with structures or institutions that conceal
different class and social groups' interests.

It is our contention that the concurrent and serial influence ofiLO and Western trade
union (especially ICFTU) education systematised the economistic and technocratic
self-conception of the unions which dominate trade union consciousness in today's

3 Collier (Ed.) 1979: The New Authoritarianism in Latin America, (Princeton): 400 in T. Shaw 1982:
255.
 6 CBR WORKING PAPER NUMBER 17

Uganda. This self-conception of the unions should be linked to the attitude of the trade
union movement to law and labour law in particular. The nature of trade union
education on labour laws is important because the ideas embedded in that education
pervade the trade union leadership from the national to the shopsteward level.
Although rank and file attitudes, behavior and action may at times run counter to the
trade union concepts of labour laws, those concepts generally govern the positions
trade unions take, their internal organisation, relation with management, the state and
their own membership - the workers themselves. In any event the operation or
non-operation of the law is usually related to the presence (or absence) of the trade
union in a workplace. Generally trade union education on law has taken the positivist
path whether pursued by trade unionists themselves or all kinds of experts from the
Ministry of Labour or the IW. In terms of the legitimacy of law it is the underlying
premise of the state and employers that since the creation and application of law and
labour law in particular is a pluralist venture and a tripartite one in the case of labour
laws, these laws represent social consensus. Once the idea of legality and rule of law is
invoked in industrial relations all the social partners (the state, employers and workers
or their trade unions) are expected to support the same. While labour law should be
adhered to by workers and employers on the basis of its origin in consensus, at a more
general level workers and trade unions are expected to obey the law because of its
intrinsic sacrosanctity ostensibly universally accepted as the natural law theorists would
have it.

The character of labour laws in Uganda may not be concretely grasped unless we also
look at the specific concepts and issues from the point of view of historical materialism
in relation to the origin, content and struggles around the application of these laws. It
is to those concepts and issues that we turn.

C. PERTINENT LEGAL CONCEPTS AND ISSUES

The Marxist theorisation of law advanced by a number of writers and derived from
some of the classical works of K. Marx and F. Engels may be divided into three
categories: the instrumentalist, the ideological and the so-called materialist concep-
tualization of law. The most dominant theory of law in orthodox Marxist circles was for
a long time that law is an instrument of the dominant class and in particular has been
4
important for bourgeois rule. The variant themes of this aspect of Marxist legal theory
are that law is a mere reflex of the economic structure embodying the interests of the
dominant class or classes and that it is an instrument, in class struggle, of the state or
the dominant class/classes.

4 This view was derived from Karl Mane's characterisation of law as superstructural phenomenon. See
K. Marx 1969: 503 and K. Marx 1972: 793.
 WORKERSANDTHELAWINUGANDA 7

However the crude economism and instrumentalism of orthodox Marxism was rejected
by those writers who insisted on a materialist analysis and those who concentrated on
the ideological character of law. Towards the end on the 1970s the materialist
conceptualization of law, as represented by J. Holloway and S.Picciotto (1978; also
S.Picciotto 1979) sought to derive the form of law and state from the capitalist
production relations. The importance of this approach is that it does not see law as
external to the relations of production (S.Picciotto 1979: 168). However this approach
also appears to suffer from some form of essentialism because "the effectivity or
function of law is inscribed, as it were, in advance of economic relations" (A Hunt: 100).

Finally one of the most important Marxist theories of law is that which treats law as
ideology or emphasizes the ideological characteristics of law. Both the ideological and
materialist conceptions of law do not reject the instrumentalism of law for the dominant
classes but reject its reductionism. Central to the concept of law as ideology is the fact
that its apparent neutrality is used to legitimate class rule. In the bourgeois democratic
state the effectiveness of the legal system depends on its partial ability to express the
rights, powers and interests of subordinate classes. According to C. Sumner

the effectiveness of law as an ideological force, as a means towards ruling class hegemony,
depends upon its ideological encapsulation of a consensus constructed outside itself in
other economic, political and cultural practices... A legal system without an ideological
base is inconceivable as a repressive military dictatorship with "due process". Law without
some hegemonic class bloc is merely naked power and thus no law at all ( C. Summer
1979:264-265).

It should be observed immediately that the above concepts of law have been advanced
from the analysis of and in relation to advanced capitalist countries. Although some of
their insights and methodologies are relevant to peripheral capitalist countries like
Uganda they must be modified according to the latter's material conditions. What is
not debatable is the fact the law has a social role even in a peripheral capitalist social
formation like Uganda. The question is to characterize that role and for this paper that
role in relation to labour laws.

Our analysis of law proceeds from the premise that any generalisation about the law
must arise from a concrete understanding of the conditions that give rise to the law and
the condition under which the law is applied. In this connection it is important to
emphasize that the economic conditions, the character of state and the composition of
the working class itself, which are all of course interrelated, must all be taken into
account in analyzing labour law. To a great extent too the character of capital or in legal
terms "the employer" must also be assessed. Whilst this paper may not in itself probe
all these issues in detail the analysis of the law will necessarily be informed by analysis
of the same issues by other writers.

One of the important differences in the character of law between advanced capitalist
countries and peripheral ones like Uganda is that whilst in the former the ideological
aspect of law is pronounced in the latter it is minimal and in fact it is the instrumentalist
 8 CBR WORKING PAPER NUMBER 17

aspect that is pronounced. For instance analysing the character of law in Tanzania I. G.
Shivji was of the view that the weakness and flabbiness of the ruling compradore
bourgeoisie

find expression in lack of independence and impartiality of the judiciary while its
authoritarian character as a ruling class manifests itself in lack of ideological notions of
'rights' as a central element in legal ideology. Indeed law assumes a typically instrumen-
talist character while legal ideology has little role in the dominant ideological formation ...
much unlike the 'juridical world outlook' of the western bourgeoisie (I.G Shivji 1985:6-7).

Again due to the fluid class structure, economic and political instability Y. Ghai found
little role for law as ideology in Kenya and Tanzania but instead argues that alternative
sources of legitimacy are sought by the state in other ideologies such as nationalism,
traditionalism and developmentalism (Y. Ghai 1987:253-261 ). It is our view that indeed
law in Uganda and labour law in particular has historically played an instrumentalist
role for the state as a weapon in effecting labour policy. However the law itself has
proved to be an arena of class struggle since in the process of its creation and application
the dominant classes and social groups have not always successfully ensured the
protection of their interests (J.J.B. Barya 1990: 17a-18). In other words in this case law
also exhibits clear political characteristics.

With respect to the ideological role of law, it is true that this has been minimal and that
other ideologies have been advanced to legitimate state policy generally, labour policy
and law itself, namely: development, economic independence and the construction of
socialism at different periods of Uganda's history. None the less the minimal role of
law as ideology cannot be dismissed. In industrial relations in particular the rule of law
has been constantly invoked by both state and capital and at times union leaders as the
source of legitimacy for existing labour policy and given industrial relations regimes.
However instrumentalist or even opportunistic the invocation of the law by the state
(and employers and union leaders) may have been, there is no doubt that underlying
that invocation is the understanding that law has an inherent sacrosanctity for which
reason it must be adhered to (see supra: 4-5).

Finally it should also be noted that labour laws in Uganda have generally operated
within the ideological framework of tripartism. Legislation and the invocation of the
rule of law in industrial relations must be seen against the background of a consensual
tripartite view of the labour-capital-state relationship. Tripartism is an ideology
advanced by the ILO, specific to industrial relations but operating within the broader
state ideologies of development, socialism and economic independence in case of
Uganda's post colonial history.

Apart from the above general characteristics of law it is important to understand that
labour law is mainly concerned with individual workers' rights and seeks essentially to
negate collective class rights. The individualistic conception of labour law is the
approach taken by the state in enacting legislation and by the lawyers and the courts in
 WORKERS AND THE LAW IN UGANDA 9

applying this law. We propose to analyse and highlight the extent of the individual
worker's rights and their significance but also more importantly the significance of
collective rights which workers have achieved especially as the basis for the protection
of the individual worker's rights.

Finally the application of legal rights themselves once in place also depends upon the
level of consciousness, organisation and strength of the so-called social partners in
industrial relations, the workers (or their organisations) the employer and the state. In
this respect we further emphasize that the struggle for workers' rights in Uganda has
been waged by workers against the state which right from independence put forward
the ideology of development which has been used to deny workers many rights,
organisational or substantive, especially as reflected in the ILO Convention and
recommendations. Apart from this specific ideological device by the state, direct
coercion and divisive methods well outside the law have been used against workers and
even against the exercise of their existing rights.

It is suggested here that the above propositions will guide our analysis of labour laws
in Uganda. But before embarking on that analysis we shall first place our analysis in
the context of the existing knowledge on industrial relations and labour law in Uganda.

D. LABOUR LAW IN UGANDA: STATE OF KNOWLEDGE

To date only a few writers have attempted to make an analysis of working class issues
in Uganda let alone labour laws themselves. On organisational questions, R. Scott
(1966) provides a descriptive account of trade union origins and character up to 1964.
R. Scott treated his subject within the framework of cold war unionism and at the same
time concentrated on internal divisions within the unions, especially tribalism without
conceptually taking into account the historical, material and ideological obstacles faced
by the trade unions. R. Scott's pioneering work was superseded by R.E. Gonsalves
( 1974) who treated his subject more holistically and within the materialist methodologi-
cal framework. Although this is the most important work on Uganda labour organisa-
tion to date, apart from our own recent contribution (J.J.B. Barya 1990), that work
generally takes an instrumentalist view of law which we consider reductionist because
other aspects of la~ namely the ideological and political characteristics ought to be
looked into as well.

Apart from these writers B.Nicol (1972) and R.D. Grillo (1973; 1974) deal with specific
industrial relations issues and sociological aspects of trade unions and the working class
in general. While B. Nicol concentrates on the process of industrial arbitration and the
industrial court, in particular arguing that the court had, by 1969 been quite successful

5 On these aspects see also I.G. Shivji: 1986.

 10 CBR WORKING PAPER NUMBER 17

in its objectives, R. D. Grillo provides an insight into the internal character and
contradiction ofthe Railway Workers Union (Uganda) up to the mid-1960s. While the
specific findings of these writers may be useful in some aspects, our concern in this
paper is more specific: analysing the role of the historical, class and socio-political
forces that created and shaped the law relating to trade union organisation and the
conditions of labour of Uganda's workers today.

Finally it should also be noted that while the earlier works by the Centre for Basic
Research (CBR), did provide some insights on the history of conditions of labour
among Katwe salt workers, lakes Kyoga-Victoria fishermen, and agricultural labourers
in Kabale and Masaka they did not in fact consider the role of law in the creation of
those conditions and the character of the different labour processes themselves. 6

Having laid the background to the important concepts and issues that will guide this
paper we now proceed to deal with the organisational aspects of labour law.

SECTION TWO

THE LAW REGULATING ORGANISATIONAL RIGHTS.

The law which regulates the organisational rights of workers is derived from five
different sources namely: constitutional provisions and trade union legislation, the
collective agreements (especially Recognition and Procedural Agreements), court
decisions (those originating from the Industrial Court and those based on the common
law, from ordinary courts), the trade union constitutions themselves and trade disputes
legislation (for both the public and private sectors).

A. CONSTITUTIONAL PROVISIONS AND TRADE UNION

LEGISLATION

The basic source ofthe right of workers to organise in trade unions is the Bill of Rights
in the 1967 Republican Constitution, namely Article 8(2) and Article 18. Article
8(2) provides that every person in Uganda shall enjoy the fundamental rights and
freedoms of the individual that is to say among others, "freedom of conscience , of

6 See: Murindwa -Rutanga: Conditions of labour on Commercial Dairy Farms in Kabale District
Labour Studies Project Paper (LSPP), CBR Working Paper No.1; Asowa-Okwe: Capital and
Conditions of Fisher Labourers of Lakes Kyoga and Victoria Canoe Fisheries LSSP, CBR Working
Paper No.3; Syahuka-Muhindo: Artisanal Production of Salt in Lake Katwe, LSPP, CBR Working
Paper No.6; Rutabajuka Simon: Conditions of Migrant Labour in Masaka District 1900-1962: The
Case of Coffee Shamba Labourers, LSSP, CBR Working Paper No.7.
 WORKERSANDTHELAWINUGANDA 11

expression and of assembly and association". More specifically Article 18(1) provides
that except with his own consent, no person shall be hindered in the enjoyment of "his
right to assemble freely and associate with other persons and in particular to form or
belong to trade unions or other associations for the protection of his interests".
However this right is severely restricted by the same Constitution. Article 18(2) dilutes
the right by allowing for the making of laws which: are "reasonably required in the
interests of the national economy, the running of essential services, defence, public
safety, public order, public morality or public health" (Art.18(2) (a)) or "for the purpose
of protecting the rights or freedoms of other persons" (Art. 18(2)(b); or imposing
restrictions upon public officers (Art.18(2)( c)); or " for the regulation of industrial or
labour disputes" (Art.18(2) (e)) or "for the proper management of trade unions and
co-operative societies or associations" (Art. 18(2)(f); or for purposes oflawful detention
or restriction of any person(Art. 18(2)(d)

The above constitutional provisions and restrictions made in 1967 were in fact a
summarised restatement of existing law. In order to understand their significance for
workers it is important to look at the detailed trade union , public service and trade
disputes legislation- that is their origin, content and application.

(i) TRADE UNION LEGISLATION

Uganda's trade union legislation began with the Trade Union Ordinance 1937 followed
by several amendments, then moved to the Trade Union Ordinance 1952 which was,
after independence, replaced by the Trade Union Act 1965 also replaced by the Trade
Union Act 1970 similarly replaced by the current legislation- the Trade Union Decree
1976.

The Trade Union Ordinance (No. 18/1937) was enacted in Uganda as a result mainly
of colonial state initiative rather than workers' demands or struggle unlike in most other
colonies. In fact in Uganda, unlike Kenya for instance, trade union legislation preceded
union organisation. Originally the initiative for the enactment of a Trade Union
Ordinance came from the Colonial Office in London and was contained in the famous
despatch of September 1930 by the Secretary of State, Lord Passfield, to the colonies.
It was a response to labour disturbances and strikes in some colonies like India and the
Gambia (M. Nicolson, 1986: 178-9). The aim of the measures proposed in the despatch
was to forestall the development of a militant politically directed trade union
movement in the colonies. In particular the colonial office sought to exclude communist
influence, as had happened in India, from the trade unions (ibid: 178-180; B.C Roberts
1964: 172-180). So trade unions had to be controlled and guided by the state into
"constitutional channels" (see R.Scott: 31; I.G.Shivji 1986 :157). Although those
considerations informed the colonial state in enacting the 1937 Trade Union Ordinance
in Uganda, the more immediate reason for the enactment was to conform with similar
enactments in Kenya and Tanganyika. In case of Kenya the first Trade Union Ordinance
was enacted in 1937 as an immediate response to strikes there in that year (M. Singh
1969: 61-65). A similar statute was enacted in Uganda hardly a month after the
 12 CBR WORKING PAPER NUMBER 17

enactment of the Kenyan one. The view of the colonial state before 1945 was that trade
union law was only a formality. In 1939 indeed while postponing the enactment of
provisions for peaceful picketing and trade union immunity from tortious actions,
meant as an amendment to the 1937 Ordinance, the colonial state argued:

There is only one trade union in Uganda which was registered early in 1939, so that to begin
with, this legislation is not likely to be of appreciable effect or value; and it is open to doubt
whether the formation of other unions will be encouraged by providing these statutory
rights. They have however been provided in Kenya and Tanganyika Territory, and in
matters of this kind uniformity is regarded as expedient (ARIL, 1939:2-3)

Thus workers' struggles elsewhere were responsible for the provision for the first time
in Uganda of workers' rights to organise. The primary importance of the 1937
Ordinance is that the right to form a trade union was granted. Following the U.K law,
trade union restraint of trade could not be deemed criminal conspiracy nor was it
unlawful so as to render any trade union agreement or trust void. However these
immunities would apply only to a registered trade union. Indeed the cornerstone of the
Ordinance was compulsory registration and failure to register a union was an offence.
The requirements for registration at this point were, however, still mainly formal: a
minimum number of seven members; disclosure of sources of funds; name and office
of the union; objects of the union, subscription rates and fines, purposes for application
of funds, manner of making and altering rules, appointment and removal of officers,
treasurer's duties and the keeping of proper and periodically audited accounts and the
right of members or any other person with an interest to inspect books. The Registrar
of Trade Unions was also empowered to cancel the registration of any union if: the
union requested it or the registration was obtained by fraud or mistake or had ceased
to exist or if it violated any provisions of the Ordinance. But as the requirements for
registration were themselves mainly formal, cancellation was not necessarily a powerful
state instrument at this time.

In 1941 and 1943 the 1937 ordinance was amended. The 1941 amendment legalised
peaceful picketing and granted trade union immunity from tortious action committed
by or on behalf of a union "in contemplation or furtherance of a trade dispute". The
1943 amendment also prevented any charges or suits (against a union) of criminal or
civil conspiracy in connection with a combination or agreement (by a trade union) "in
contemplation or furtherance of a trade dispute" and at the same time there would be
no liability for interference with business, trade or employment as long as the act in
question was also "in contemplation or furtherance of a trade dispute". Finally the right
to appeal to the High Court against a refusal of registration was also then given. What
is important again about the enactment of these rights is that they were a result of
pressure from Labour Party M.Ps in the U.K who insisted that before funds could be
given to colonies under the Colonial Development and Welfare Act 1940 the colony
had to have trade union legislation, fair wages and the prohibition of employment of
children under fourteen. (J.J.B.Barya 1990:44-45). In fact the Attorney General was
 WORKERSANDTHELAWINUGANDA 13

quite candid in explaining reasons for the 1943 Ordinance. He explained that the
objective was to secure funds for

colonial development but the Secretary of State had to be satisfied that the colony in
question provided reasonable facilities for the establishment and organisation of trade
unions. The new law was to consolidate and amplify existing law in accordance with a model
Ordinance prepared by the Colonial office (UP 1943:12)

In spite of the legislative activity between the years 1937-1943 there is no evidence that
the rights thereby created were of any practical use to labour. The problem here was
not absence of rights of organisation but rather that the material conditions for
organisation hardly existed. Prior to 1945 the colonial economy consisted mainly of
foreign owned plantations, cotton ginneries, Baganda landlords' farms and state
employment in administration or the infrastructure. The labour used in these sectors
was semi-proletarian, immigrant and/or casual. Most labour came from the Northern
and Western regions and in fact, for a long time, the majority came from out side
Uganda, especially from Rwanda and Burundi (see UP 1938:18). Thus semi-
proletarian, immigrant and casual, this kind of labour was not susceptible to permanent
organisation that trade unionism would constitute. It was only after the Second World
War, with the beginning of import-substitution industrialisation that questions of
labour organisation were seriously addressed by both labour and the colonial state. In
this regard it is necessary to address the trade Union Ordinance 1952 which forms the
foundation of the post- colonial law in most respects.

The Trade Union Ordinance (No. 10/1952) was part of the more comprehensive
attempt by British colonial governments in East Africa to stem radical and left- wing
political unionism especially as was emerging in neighbouring Kenya and as had
actually emerged in the Asian colonies; at the same time it was meant to encourage the
development of apolitical and economistic trade unionism by vesting control and
supervisory powers in the Registrar of Trade Unions. This time however, unlike the
1937 Ordinance, workers' struggles in Uganda and East Africa generally provided the
background for the enactment of the statute. In both Kenya and Tanganyika there had
been serious strikes in 1950. Trade union leaders there were arrested and concerned
unions banned (I.G.Shivji 1986: 174-177; M.Singh 1969: 288-296). In Uganda on the
other hand there had been a general strike in 1945 and a peasant uprising in Buganda
in 1949. In fact between 1945-1950 the workers' strikes that took place in Uganda were
seen by the colonial state to be connected with political agitation. Indeed at the time
an alliance between workers and the rising petty bourgeoisie existed (see Mamdani M.
1976:189-195; D.W. Nabudere 1980:119-124). But more generally the tightening up of
the old law and the enactment of new provisions for controlling trade unions in E. Africa
was as a result of a long history and experience of British colonialism with the
emergence, development and character of working class organisation especially in the
West Indies, West Africa and Asia (B.C Roberts 1964:259-262). The Labour
Commissioner while introducing the 1952 Bill explained that although there was
hitherto
 14 CBR WORKING PAPER NUMBER 17

"little interest in genuine (i.e economistic) trade unions ... experience in the neighboring East
African territories has clearly shown that the provisions of the existing Ordinance fall short
of what was intended when they were enacted" (UP:1952:45).

The aim was to ensure that when trade unions developed there would be "an adequate
measure providing for their guidance until they can assume the responsibilities of trade
union status" (ibid.).

The 1952 Ordinance contained provisions which may be divided into three categories.
First there were the provisions which more comprehensively guaranteed the right to
form trade unions in accordance with ILO convention No. 98 (Right to Organise and
Collective Bargaining Convention 1949). The rights, immunities and privileges of a
registered trade union were also laid down (part V of the Ordinance). The second
category of provisions were meant to ensure state control and thereby pre-empt the
development of a left-wing politicised trade union movement. These generally
provided for the permissible forms of organisation, qualifications for union leadership
and further sharpened the device of compulsory registration. The third category was
supposed to encourage union democracy and accountability. The importance of these
aspects will become apparent when we consider the current law.

After independence a new industrial relations legal framework was put in place and
the 1965 Trade Union Act was part of it. The new framework emphasized tripartism
and state control and supervision of trade unions. The Act was conceived in the wake
of several strikes after independence and in particular as a measure against the alliance
between UFL(UgandaFederationofLabour) and the UPC-YL(UPCYouthLeague)
under the political direction of the then UPC Secretary General, J. Kakonge (See
J.J.B.Barya 1990:105-119). It was also conceived within the framework of the ideology
of development which now became the raison d'etre of the restrictive industrial
relations regime of the post colonial period.

The new provisions in the Act strengthened the compulsory registration mechanism.
All unions were required to re-register and now even branches had to be registered.
And the Minister could order any person, persons or organisation having any
relationship with trade unions or labour relations to notify his existence or its
establishment to the registrar (S.ll). Further more the minister was empowered to
order inspections or investigations into any union, with ultimate powers to order
prosecution or de-registration of a union (ss. 53-59). The most important provision on
union leadership was that now foreigners, non citizens working in Uganda were
excluded form trade union leadership (s. 4(4). Finally provisions which were meant to
encourage trade union democracy were strengthened. The requirements for keeping
books of account, having them audited and open to inspection by members, and the
making of annual returns were retained from the 1952 Ordinance. In addition now every
trade union had to hold an annual general meeting failure to do which was an offence
on the part of union leaders (S.20). And finally every union had to keep minutes of
proceedings of general and executive committee meetings in minute books (s.22(1).
 WORKERS AND THE LAW IN UGANDA 15

The Minister of Labour justified the above provisions on the ground that government
was the custodian of the common good hence the need to take responsibility for trade
unions. He argued that:

in the interests of the workers, the community and the country as a whole, the Government
has an inescapable responsibility to ensure that the administration of these organisations
whose activities determine the economic progress of this country is properly undertaken,
especially by the people who have the interest ofthe nation at heart (UG 1%5:1767).

The 1965 Act did not have a long life. Although it helped streamline the trade unions
by encouraging amalgamations which saw a reduction from 40 small, ill-organised
unions in 1964 to 26 unions after the re-registration exercise in 1966, the trade unions
were generally strengthened only in a formal institutional sense. Their capacity to
mobilise workers, run their business democratically and relate to the wider society as
a united force was minimal. At the national level the government- sponsored FUTU
(Federation of Uganda Trade Unions) led by E.R Kibuuka and the independent UTUC
supported mainly by ICFTU continued to divide workers allegedly on ideological
grounds (J.J.B Barya 1990:148-161). Although in 1966 FUTU and UTUC merged
under government pressure to form ULC soon there was fissure in ULC (Uganda
Labour Congress) in 1968 when the Kibuuka faction staged a coup and overthrew the
ULC leadership (Uganda Argus 23.4.1968).

The 1965 Act had retained residual autonomy of the trade unions. While the state
possessed powers of control through the registration process and various investigative
powers of the minister, once established, a trade union could even within the law
operate autonomously albeit with more restrictions compared to the colonial legal
regime. However in the years between 1968-1971 the UPC-Obote I regime advanced
the policy of the Move to the Left and sought to create state capitalism under the rubric
of socialism- the ideological catchword in Africa of the late 1960s and early 1970s. The
regime sought to incorporate the trade unions and through them workers within the
state capitalist institutions and the legal device, for this was among others, the 1970
Trade Union Act (Act 40/1970). So, while between 1962 and 1968 the restrictive labour
policy and legislation were justified by the requirements of economic development, the
new legislation was to be based on the need to construct socialism- an ideology that
even surpassed that of development. Central to the Move to the Left was the Common
Man's Charter (A.M Obote 1969) or Document No.l. The main idea in the charter was
the establishment of socialism (ibid: 1) and in order to achieve this nationalisation of
private enterprises was promised (ibid: 11). Indeed on May Day 1970 Document No.4
or the Nakivubo Pronouncements did nationalise 60% of 84 major industries most of
which were foreign owned (Uganda Argus 2-5-1970). Trade unions were supposed to
acquire, together with the parastatals or urban and local authorities, part of the 60%
of the nationalised shares in some of the industries/enterprises (ibid.). Finally in
document No.3 (RU 1970) government had declared its intentions to create one public
service with a uniform salary structure for all government officers (central and local),
 16 CBR WORKING PAPER NUMBER 17

teaching service, parastatals, co-operatives, the UPC party itself and the trade unions
(ibid:7-8).

It is in this context that the 1970 Trade Union Act should be understood. With the
Kibuuka coup in ULC of April 1968 government took advantage of the attendant
confusion in the labour movement, suspended ULC and closed the ICFIU Mrican
Labour College and instituted a one-man commission of inquiry into the affairs ofULC.
Then on May Day 1968 at Gulu, AM. obote declared that "the labour movement had
entered a new era and therefore should be part and parcel of UPC" (Uganda Argus
2-5-1968). The 1970 Trade Unions Act closely followed the recommendations of the
Commission of Inquiry (RU 1969). The main effect of the Act was that it destroyed the
organisational autonomy of the trade union movement. It established a single union
ULC and dissolved all the autonomous trade unions originally affiliated to ULC after
the 1966 FUTU-UTUC merger. While under the 1965 Act a trade union was required
to have a minimum of thirty members now every branch of ULC which had to be
registered like the original trade unions had to have at least 1000 members (s.9(3) ).
The leadership of ULC and its branches was still restricted to Ugandan citizens only.
In order to exclude union leaders from political leadership no M.P could hold office in
ULC or its branches (s.22(5)). In other words union leaders could participate in the
ownership and management of parastatal and the nationalised companies but were not
allowed to be political leaders at the same time. This provision seems to have been
aimed at the independent-minded former UTUC leaders who had hitherto refused to
be incorporated into the party or government machinery. The sources of finances for
ULC were expanded but all funds were to be kept by the ULC Treasurer; no branch
could keep or invest funds without ULC approval (s.40(2)). And unlike during the
FUTU-UTUC days foreign donations and gifts could only be received after
government approval (s.42(3)). Finally while peaceful picketing was maintained as a
right any picketing that caused "complete cessation of work" was prohibited (s.52(1).
In other words strikes were illegal?

Although the 1970 Act marked the subjugation of the trade union movement by the
state the subjugation was short lived because of the 1971 coup. The 1970 Act had
removed the autonomy of the labour movement and incorporated it into state
institutions using law and the nationalisation process of the Move to the Left strategy.
The current trade union law, that is the 1976 Trade Union Decree, can only be
understood by taking into account the legal changes between 1937-1970 and in
particular those that arose out of the Amin Regime between 1971-1976. The Trade
Union Act (Amendment) Decree (No. 29/1973) was the statute responsible for the
restoration of trade union autonomy and reversing the philosophy of the 1970 Act.

7 The only legal anomaly here was that the Trade Disputes (Arbitration and Settlement) Act 1964 was
not yet amended because, at least theoretically, it still left room for strikes. The Public Service
(Negotiating Machinery) Act 1963 also had room for strikes however remote even after the 1968
amendment.
 WORKERS AND THE LAW IN UGANDA 17

What did this statute provide for and how did it come about? The 1973 Decree
reinstated the existence and autonomy of trade unions and generally enhanced freedom
of association. Its main objective was to "amend the Trade Unions Act 1970, to
re-establish the freedom of employees to form autonomous trade unions and for other
matters connected therewith" (Decree 29/1973, Long title). The Decree also
re-established a trade union national centre, the ULC having been suspended in 1968.
This was the National Organisation of Trade Unions (NOTU) (s.1(b). Thirdly the
Decree reversed the prohibition of trade union leaders becoming members of
parliament . Finally one of the issues hotly debated by Amin's cabinet was the unions'
right to compulsory recognition by employers. Whilst under the 1970 Act whenever
10% of workers in an enterprise were union members the employer was obliged to
recognize the union now the percentage was raised to 51%. The cabinet view which
triumphed was that "since trade unions were formed to cater for the interests of
workers, it would be surprising if the 51% membership could not be reached easily.
Such a situation would only be indicative of their lack of interest to join the unions, in
which case there was no cause to force them to" (Ministry of Justice 1973:6)

Having given an outline of the major developments in the creation of the current trade
union legislation it may be worthwhile to look at the law as it stands today before we
look at the social and political forces that determine its application.

(ii) THE TRADE UNION DECREE 1976

The Provisions of this decree may be divided into three categories: those concerned
with freedom of association, those concerned with democracy, accountability and union
members' rights and then those concerned with state control and supervision of trade
umons.

Freedom of Association and Trade Union Rights and Immunities

The freedom of association allowed to workers in the constitution is expanded by the

Decree. Right from the 1952 Ordinance (s.55) the right of employees to organise
themselves in trade unions has been legally acknowledged. The 1976 Decree more
clearly sets out this right and the attendant one of collective bargaining (s.56, Decree
20/1976). An employer is prohibited from interfering with the formation or
administration of a trade union, discriminating in regard to hire, tenure of employment
or discharging an employee on account of union membership or activities (s.56(2)).
Contravention of the provision is an offence. In the 1973 Decree the Registrar was
empowered to investigate the affairs of any employer to ensure his compliance with
s.56. Apart form the formation of trade unions, employees' associations, which however
have no bargaining rights, are also allowed to exist (S. 57).

The other rights and immunities of trade unions also emanate from the 1952 Ordinance.
NOTU and every registered trade union enjoy all the immunities and privileges under
the decree (S. 18). These rights, immunities and privileges are as follows: unions may
 18 CBR WORKING PAPER NUMBER 17

not be sued in a civil court for any act done in contemplation of or in furtherance of a
trade dispute in which they or their members are party simply because the act
constitutes interference with the trade, business or induces a breach of contract of
employment or interferes with another person's rights to dispose of his capital or
labour; NOTU, a registered union or the officers of either may not be sued for any
tortious act alleged to have been committed by or on behalf of the union; though trade
union objectives are in restraint of trade the unions are immune from criminal
prosecution for conspiracy and this would also not render trade union agreements or
trusts void; the NOTU or any registered union may sue or be sued in its own name and
an employer is obliged to recognise a union if at least 51% of the employees are
members and the registrar has certified that the employer must negotiate with it (s.l9).
However, certain agreements though lawful cannot be enforced by the courts; they are
deemed voluntary. These are agreements between the members of a union on the terms
of selling or refusing to sell their labour, for payment or subscription or penalty to the
union, for the application of funds of the union to provide benefits to members (except
a contributory provident fund or pensions scheme) or to discharge a court fine, an
agreement between one union and another and any bond to secure any of the above
agreements (s.20).

The freedom of association, right to bargain collectively and for most employees to join
a trade union were recently emphasized in two Industrial Court awards. In UGANDA
ELECTRICITY AND ALLIED WORKERS' UNION vs. UEB (Trade Dispute Cause
2!1984) the respondent UEB sought to close certain allowances out of negotiation
because in the 1960s and 1970s some award thereon had been made. The court awarded
that "labour awards will never be made which will forever deny workers the right to
bargain or negotiate collectively to obtain better and reasonable conditions of service
from their employers". Court emphasized freedom to associate and bargain: "any
attempt by an employer to interfere with the right to collective bargaining or
negotiation outside the ambits of the law is illegal and is indeed declared a criminal
offence under S.56(3) of the decree". In AMALGAMATED TRANSPORT AND
GENERAL WORKERS' UNION vs. THE OIL INDUSTRY JOINT INDUSTRIAL
COUNCIL, (Trade Dispute Cause 3/1986) the main issue was around the right to join
and be represented by a union in the private sector. The determination of the issue
revolved around the definition of "supervisory" and " managerial" grades which are
non-unionisable because they represent employer interests. The award overruled the
wholesale exclusion of employees from union representation simply because their
duties were confidential or supervisory or because they were professionals or university
graduates. Management and supervisory grades were narrowed down by the award
(ibid: 101-102). The Committee for the Review of Labour Legislation, a tripartite
committee, has also agreed that this case has clearly established the level of
unionisation in the private sector in an acceptable way. 8

8 M.L: Minutes of the Committee to review labour legislation held at the NSSF on 30 November 1989
 WORKERSANDTHELAWINUGANDA 19

The only question which arises from the above is to what extent have these rights been
enjoyed by workers and what has determined the extent to which they have enjoyed
those rights or their failure so to do. We examine this later.

Democracy, Accountability and Union Members' Rights.

The provisions which are intended to ensure democracy, accountability and those
dealing with specific members' rights also stem mainly from the 1952 Ordinance. These
provisions cover leadership eligibility criteria, contents of union constitutions, the
management of union property and finances and the holding of meetings and keeping
of records. Under the 1976 Decree the leaders of NOTU and its affiliate unions, except
the treasurer or secretary must be employed in the industry or occupation where the
union organises for at least one year but when one ceases to be employed in an
enterprise he is not required to relinquish his union office. A person who has been
convicted of an offence involving fraud or dishonesty cannot be a union official and no
full-time official of NOTU or its affiliates is allowed to be employed elsewhere with a
regular salary (s.23). These provisions are meant to encourage full-time union leaders,
of integrity and with knowledge of the industry concerned. Further a voting member
ofNOTU or its affiliates is only that one who is employed and resident in Uganda and
any member who is more than 13 weeks in arrears of his monthly subscriptions, unless
his union constitution provides for a shorter period, loses his voting rights (S.24).

The unions including NOTU are required to provide for specific matters in their
constitutions (s.34) especially: objectives, elections or removal of leaders,
management of funds, taking of decisions, voting rights, subscriptions and dissolutions
of the union (Schedule). Members are entitled to a copy of the union constitution on
payment of a fee (S.35).

For the management of their property and finances, the unions must have trustees (not
being union officers, S.38) in whom union property vests (S.39), union funds are raised
only from subscriptions, investments and donations (S.41) and every union must have
annual estimates of income and expenditure approved by the annual delegates
conference (ADC) (s.42). Every union must keep proper books of account which must
be audited and presented to the ADC (s.46-4 7). Union members are enti tied to inspect
the books of account "at any reasonable time" (s.49). Trade union members have the
right to apply to the Trade Unions Tribunal complaining against union officers for
fraudulent misuse of funds (s.52).

The holding of meetings and keeping records thereof are also amply provided for. The
provisions requiring every union to hold an annual general meeting (or ADC) had been
enacted in 1965 and were maintained (s.26), one tenth of the membership may also

: Min 106/11/89.
 20 CBR WORKING PAPER NUMBER 17

requisition for an extra-ordinary general meeting (s.27) and records of all proceedings
of general meetings and executive meetings must be kept (s.28). Members are entitled
to copies, on payment of a fee, of the minutes of these meetings (s.29(2)). The above
constitute the main provisions which union members are supposed to use to ensure
democracy and accountability in the unions.

State Control of Trade Unions

Although the 1973 Decree restored the autonomy of the unions to the pre-1970 Act
situation the autonomy of the unions after 1973 must be seen in relative terms. They
were autonomous in terms of their operations but subject to specific controls and
supervision by the state. The Decree itself proclaims that it was enacted "to amend and
consolidate the law establishing and regulating NOTU and providing for the formation
by employees of autonomous trade unions and branch unions of their own choice"
(Decree 20/1976, Long title). Ever since trade unions were allowed to exist in Uganda
in 1937 the state has progressively increased its control mechanisms by subsequent
legislation. Control over the form, character, objectives and ideological conception of
trade unionism has been historically a function of compulsory registration. The
Registrar ofTrade Unions is vested with powers to register, oversee and even deregister
trade unions. NOTU is established by law (s.1, Decree 20/1976) and apparently cannot
be dissolved except by law. To be registered a union must have a minimum of 1000
members.

The registrar may refuse to register a union on any of the following grounds: if he is
satisfied that it has not complied with the requirements of the law, any of its objects is
unlawful or conflicts with the Decree, the union is used for unlawful purposes, any of
the officers has been convicted of an offence involving fraud or dishonesty, its objects
are not in accordance with those of a trade union as defined in s.73, if "any other
registered union is sufficiently representative or is likely to become sufficiently
representative of the interests in respect of which the application for registration is
made", the funds of the unions are being applied in an unlawful manner, or for an
unlawful object or on any object not authorized by the Decree, the accounts of the trade
union are not being kept in accordance with the provisions of the Decree or that the
combination seeking registration is an organisation of persons in different trades and
that its constitution and rules do not contain suitable provisions for the protection and
promotion of their respective industrial interests" (s.10(1)). If a union has been
registered the registrar is empowered to cancel its registration for similar reasons as
above or at the request of the union after dissolution, if the registration had been
obtained by fraud, misrepresentation or mistake or if after notice from the registrar the
union willfully allows any rule to continue in force which is inconsistent with the Decree
(s.11 ). The Registrar before deregistering any union gives two months notice. A union
may appeal to the Trade Unions Tribunal against a refusal of registration or a
deregistration (s.12). A deregistered union, its officers and members lose all the rights,
immunities and privileges of a registered trade union already referred to above
(s.13(1)). Branches of a union are also required to be registered (s.17).
 WORKERSANDTHELAWINUGANDA 21

The registrar is also entitled to inspect books of account and list of union members
(s.49), he may call for any details ofthe accounts (s.51) or may apply to the Trade Union
Tribunal to prohibit a union official from controlling funds of the union or holding
office if ineligible under s.23 (on eligibility criteria) (s.52).

The 1976 Decree also maintained the requirement that all leaders of a union, of its
executive committee or any other committee must be Ugandan citizens, otherwise the
union would not be registered (s.9(4)) or, if already registered, would be deregistered
(s.11(1)(b )(iv) ).

Further, no foreign aid may be received by any union unless it is approved by the
Minister (s.43) and the purposes on which union funds, generally, may be expended are
fixed by law (s.44).

In addition every union must send annual returns (audited accounts and changes in
union constitution and leadership) to the registrar (s.48). The registrar must also be
given a copy of minutes of all general meetings (ADCs) (ordinary or extra-ordinary)
and of executive committee meetings.

The registrar is empowered to apply to the Trade Union Tribunal against union officers
for fraudulent misuse of funds (s.52). The 1976 Decree also specifically gave powers
to the registrar to interdict or suspend any unoin officer if satisfied that the officer is
guilty of misuse, misappropriation or mismanagement of the funds or affairs of the
union (s.14).

Although most of the above provisions appear to be positive and intended to ensure
leadership accountability and integrity, they may also be easily used by the state to
control a union or stifle popular and militant leaders or workers' programmes that the
state may not like.

Finally the Minister responsible for labour affairs is also granted wide powers over
unions. Under s.16 he may order NOTU leaders to furnish him with any information
about any associations or organisation to which NOTU may be affiliated. However the
most pervasive powers are those of inspection and investigation into NOTU or any
union. He may carry out investigations on his own motion, upon the application of the
Registrar or on application of not less than six members of NOTU or any union (s.63).
The minister after the investigations may refer the matter to the Director of Public
Prosecutions (DPP) to handle, may order the cancellation of the registration of the
union or direct the registrar to institute civil proceedings to recover money, property,
damages or compensation for the union or any other entitled person (s.67).

(ii) REGULATION OF TRADE UNIONS IN THE PUBLIC SERVICE

Before independence trade union organisation was regulated by the same law, the 1952
Ordinance, for both the public and private sectors. After independence however the
 22 CBR WORKING PAPER NUMBER 17

post-colonial state sought to have more control over the organisation of labour in the
public service. This was achieved vide the Public Service (Negotiating Machinery) Act
(No.78/1963). The Act fundamentally changed the character of trade unionism in the
public service in four ways. First of all, it destroyed the collective bargaining rights of
UPEU (Uganda Public Employees Union), the union which represented public service
employees. Secondly it subjected public service employees to a state-directed and
dictatorial dispute settlement process/machinery. Thirdly it removed the right to strike
in essential services operated by government. Finally it reduced the right to join a trade
union to a privilege of only the unestablished government employees. The arguments
of the post-colonial state advanced to justify the new law were three. First it was
contended that the dispute settlement process, disciplinary action appointments and
dismissals under the old Trade Disputes (Arbitration and Settlement) Ordinance 1949
were ultravires (i.e violated) the constitution and contravened the supremacy of
parliament. Unlike private employers who could accept decisions of an arbitrator

government could not agree to any limitation of its sovereignty in this matter by allowing
an arbitrator to commit public funds this honorable Assembly could do no more than rubber
stamp after the funds have been committed. The necessity to avoid limiting the sovereignty
of parliament is a principle behind the whole of this legislation (UG 1963: 706)

Secondly it was argued that civil servants should not have divided loyalties between
Government and the union: "it is their duty to carry out without grumbling the policies
of the Government of the day. Anybody who disagrees with that will be out. .."(ibid:723).
Finally the minister opposed ILO standards on freedom of association in the interest
of rapid economic development arguing that those standards were fine in developed
countries but not in underdeveloped ones like Uganda (ibid:719)

The Public Service (Negotiating Machinery) Act 1963 which is still the current law,
established a Joint Staff Council (JSC) members of which would be appointed from
nominees ofthe Permanent Secretary and the relevant trade unions (s.3). The functions
of the JSC are: to negotiate terms and conditions of service of junior public officers and
those below them, advise government on any matter and "generally to assist in the
furtherance of good relations between Government and junior public officers" (s.S).
The JSC was specifically excluded from considering, advising or making
recommendations relating to "any matter concerning the appointment or
non-appointment, disciplinary control or removal from office of any individual public
officer" (s.5, proviso). The Act only applied to junior public officers (s.2)

The minister was empowered to designate any trade union to be the relevant union for
the purpose of the Act. This union was later designed as the UPEU. And for the
avoidance of doubt senior public officers were prohibited from becoming members of
"any trade union or anybody or association affiliated to a trade union" (s.25(1).

An agreement reached by the JSC on terms and conditions of service of government

employees covered by the Act is binding on the parties and cannot not be re-opened
 WORKERSANDTHELAWINUGANDA 23

within 12 months except with the minister's approval (s.7). Dispute are to be reported
to the minister (s.8) who is given a wide range of discretionary powers to deal with JSC
disputes (Ss.9,12(1)). Awards and reports of a Board of Inquiry appointed by him are
to be laid before the National Assembly (s.15) and are binding on both parties for 12
months and cannot be varied except with the consent of the minister (s.16). It was
argued that laying awards before the National Assembly would guarantee that "the
sovereignty of parliament is protected" (UG 1963 supra:706).

Finally the Act prohibited junior public officers from taking part in a strike "which
causes or is likely or calculated to cause a cessation of work in any of the essential
services" specified in the First Schedule to the Act (s.18(1)). These were: water,
electricity, health, sanitary and hospital services and transport services necessary or
auxiliary to these services and fire services. Even for non-essential services striking was
made virtually impossible because of the procedures required under s.17.
Contravention of those procedures would be deemed misconduct justifying summary
dismissal (s.17(3) ).

In 1968 the Act was amended and organisational rights in the public service further
restricted. Now no permanent established officer could join a union because only
"group employees" were now unionisable. 9 But the Act was extended to apply to local
administration employees (except chiefs and police and prison officers and urban
authority employees of equivalent rank or whose terms and conditions of service were
similar to those of group employees (s.1(d)). Then in 1969 the Public Service Act
(18/1969) was also amended to make it absolutely clear that " a public officer who is
not a group employee within the meaning of the Public Service (Negotiation
Machinery) Act shall not be or become a member of any trade union or association
affiliated to a trade union" (s.27). Thus the organisational rights of the majority of public
service employees were completely removed to-date.

B. RECOGNITION AGREEMENTS AND THE REGULATION OF

TRADE DISPUTES.

(i) RECOGNITION AGREEMENTS.

The rights of organisation in the private sector may not be realised unless a union is
actually recognised by an employer. Secondly, in a crisis, usually trade disputes/in-
dustrial conflicts, the relevancy of the rights of organisation are tested. Our concern in
this section is to lay out the legal basis and nature of recognition and the extent to which
trade disputes legislation restricts rights of organisation. In fact one of the biggest

9 The Public Service (Negotiating Machinery) Act (Amendment) Act 1968, Act 24/1968,s.l(a-b).
 24 CBR WORKING PAPER NUMBER 17

problems for workers in many enterprises is that they are not unionised and the main
reason is that they are threatened with dismissal if they show any signs of joining a trade
union. The employer is only obliged to recognise a union if at least 51% of the
unionisable employees are members (s.19(1)(e)) of the Trade Union Decree). The
problems of most non-unionised employees lie in the fact that they are working outside
the ambit of the law that otherwise generally guarantees rights of association and
collective bargaining. Non-unionised employees are also generally unaware of their
rights to associate in a trade union.

A typical Recognition and Procedural Agreement has three elements. The recognition
provisions, the grievance handling procedure and disciplinary code. Our view of these
agreements is that although recognition is important in itself, the grievance handling
machinery/procedure and the Disciplinary Code are a reflection of the dominance of
the employer in industrial relations and the definition of what constitutes legitimate
industrial relations practice. An example of such an agreement is that between
UTGWU (Uganda Textile and Garment Workers' Union) and UGIL (United
Garment industry Ltd.) 10

It states that UGIL recognises UTGWU as the sole negotiating body on behalf of the
unionisable employees as laid down by the law: the union and employer agree not to
interfere with each others functions, while the employer promises to accord both time
and facilities to union officials to do their work. During strikes the union agrees that
essential staff (in security, sanitary, electrical and medical) sections do remain on duty
doing routine work. The subjects for negotiations are laid down and at times they may
include those not subject to negotiation. This usually shows the relative strength of the
two sides. The grievance procedure lays down the steps through which complaints,
individual or group, must go; usually beginning with a report to the immediate
supervisor through departmental managers to the General Manager. If the
grievance/complaint is not solved then it goes to the union-management Negotiation
Committee. If no solution is reached then the process of conciliation and arbitration
under the Trade Disputes (Arbitration and Settlement) Act 1964 is invoked. We shall
see what this means, below. Finally there is the Disciplinary Code. This covers offences
and their penalties: they mainly deal with the manner of performing work or failure to
perform, protection of property or personal conduct. They include lateness,
absenteeism, embezzlement, theft and forgery, failure to carry out lawful orders,
working while intoxicated, willful or nefligent damage to property fighting in the
factory or smoking in no-smoking areas. 1

10 see Recognition Agreement between UTGWU and UGIL dated 28th June 1990. It was an amended
Agreement of 1971. Source UTGWU: UGIL FILE.
11 see: Disciplinary Code for employees of M/S UGIL made between ... UTGWU and UGIL. It has
been in existence since 1977. UTGWU: in ibid.
 WORKERSANDTHELAWINUGANDA 25

The main point to note on the Recognition, Procedural and Disciplinary Code
Agreements is that they subject the worker to the domination of the employer on a
contractual - supposedly voluntary basis on the one hand; on the other hand this
contractual relationship in which the subordinate place of the worker is emphasized is
further buttressed by the repressive dispute settlement law of the state which is
acknowledged by these agreements. A look at this law will complete the character of
the rights of labour in organisational terms at the work place.

(ii) THE TRADE DISPUTES (ARBITRATION AND SETTLEMENT) ACT 1964.

The 1964 Trade Disputes Act replaced the 1949 Trade Disputes (Arbitration and
Settlement) Ordinance (No.23/1949 which had been made in the wake of strikes in
other East African territories as well as due to the recurring link of strikes with national
political agitation (J.J.B.Barya 1990: 53-56). The 1964 Act came in the wake of a rise
in strikes after independence especially those led by the UFL and UPC-YL alliance
between 1962-1964. The reason for stemming such a political alliance which was using
workers' organisations was stated clearly by the minister while justifying the enactment
of this law. He explained:

Sometimes strikes have not been caused by anything arising out of the relationship between
workers and their employer but have been instigated by people who were not even workers
themselves, for political reasons, or for other reasons, in order to serve their own ends (UG
1964: 2403)

But more importantly the aim of the Act was to curb industrial conflict and attract
foreign aid and investment. He observed:

Strikes and industrial unrest will earn a bad reputation for this country and ... the conse-
quences will be to deter investors from bringing industries here and will discourage these
countries who might be willing to lend us money for development schemes from giving us
assistance (ibid: 2043-2044).

The 1964 Act was an act made to provide for the settlement of trade disputes generally
and the settlement of trade disputes in essential services , to provide for the
establishment of arbitration tribunals, Boards of Inquiries and a standing Industrial
Court, to control and regulate strikes and lock-outs and for matters incidental thereto
(Act 20/1964 or Cap 200 Laws of Uganda 1964, Long title).

The main provisions of the Act as amended by Decree 18/1974 deal with the methods
of dispute settlement the role of awards and regulation of strikes. Once a dispute cannot
be resolved at the work place or where disagreement persists after the voluntary
grievance machinery of the Recognition and Procedure Agreement has been
exhausted, either party to the dispute may report it the Minister in prescribed from
(S.1(1)). Once the Minister has received the report he has several options. He may
simply inform the parties that the matter is unsuitable to be dealt with under the Act,
the may accept or reject the report of the dispute, refer the matter back to the parties
 26 CBR WORKING PAPER NUMBER 17

for further negotiations for a settlement or appoint a conciliator for the dispute (S.1(3) ).
If the conciliator fails to settle the dispute within 6 weeks the Minister may refer the
matter to an arbitration tribunal or the Industrial Court. However unless there is
consent of both parties, if there is a machinery for the settlement of disputes between
the parties, the Minister cannot refer the matter to an arbitration tribunal or the
Industrial Court unless the machinery has been adhered to and exhausted (S.l(7)).

The arbitration tribunal or Board of Inquiry are ad hoc bodies the Minister may
appoint to settle disputes (Ss.2,3 and 6). However in practice since the establishment
of the Industrial Court in 1966 under S.4 of the Act only the Court has been the formal
forum for the settlement of disputes. The Industrial Court consists of the President and
his Deputy appointed by the Minister in consultation with the Chief Justice(SA) and
three other people appointed by the President of the Court from three panels: one
comprising workers' representatives and another comprising employers'
representatives, the third comprising the so-called independents who are people
appointed by the Minister (S.4(2)). The Court may hear any dispute referred to it by
the Minister or directly by the parties jointly (S.S). It would appear that the latter course
has never been used because the employers never agree voluntarily to report a dispute
to the Industrial Court .12

The effect of any agreement by the parties or award made by a tribunal or the Industrial
Court is that it becomes an implied term of the contract between the employer and the
workers to whom it relates in connection with wages and the conditions of
employment(S.lO). Under Decree 18!1974 (the Trade Disputes (Arbitration and
Settlement) Act (Amendment) Decree) any employer who fails to implement an award
of an arbitration tribunal or the Industrial Court within 28 days from the date of its
publication commits an offence (S.8A).

The other provisions of the Act which indeed greatly circumscribe the organisational
capacity of workers relate to strikes. It is an offence (a crime) for any person whether
a trade union leader or not to "declare, instigate, counsel, procure or abet a lock out or
strike" in connection with a trade dispute unless and until the voluntary dispute
settlement machinery at the work place and the machinery under the Act relating to
conciliation and arbitration have been adhered to and exhausted (s.lS). This is the
general position on strikes. However in the so- called essential services, it is an offence
for any worker in such service to break or terminate his contract, individually or in
combination with others, so as to deprive the public of the essential service or to
substantially diminish it or so as to endanger human life or public health, cause serious
bodily harm or expose valuable property to the risk of destruction, loss or injury (s.16).
Any person who causes or procures or counsels any worker to break or terminate his

12 This is clear from my perusal of the Register oflndustrial Disputes, Ministry of Labour and interviews
with Miss E.N.Ssali, Secretary to the Court, July 1991 and interviews with the S.G, UTGWU, Jinja
July 1991.
 WORKERS AND THE LAW IN UGANDA 27

contract of service to the above effects (in an essential service) is also guilty of an
offence (s.16(2)). Theoretically, even in the essential service, a strike is possible.
However in practice it is not. Before a strike can take place a strike notice has to be
given and 14 days have to elapse and the strike has to take place before the expiration
of 21 days after delivery of the notice to the employer. Such seven-day strike would be
possible only if the notice was "accompanied by a Certificate under the hand of the
minister stating that a dispute in an essential service has been reported, that 28 days
have elapsed since the date of the report and that the dispute has not during that time
been referred by him for settlement by the Industrial Court or an arbitration tribunal"
(s.17). Thus only if the minister does not refer a dispute and the employer does not try
to settle in the periods provided for may the seven-day strike take place. This is one of
the most grotesque provisions in the anti-strikes law: to require a minister's certificate
before workers can withdraw their labour. While as of 1964 the essential services were
very few, at the instigation of any strike of major proportions between 1964-1970 the
state declared the relevant industry "essential". Thus essential services now cover:
water, electricity, health, sanitary hospital and fire services; prison, air traffic control
civil aviation, telecommunications, meterological services and transport services
necessary to the operation of all the above services; services of the customs and excise
department, the East African fresh water, fisheries and virus research and food research
organisations, civil aviation and services relating to rail, road and inland transport and
waterways ports (Schedule to the Act).

The above then are the laws regulating the rights of organisation of the workers in
Uganda both in the private and public sector. What is necessary now is to look at the
practical application of these laws and explain the forces that have determined the
character of the law and its application.

C. THE LAW IN PRACTICE: A SOCIO- HISTORICAL

PERSPECTIVE.

Jf we may first revert to our theoretical understanding of law and labour law in
particular (supra: 8-11) it becomes imperative that in order for workers to understand
the nature of the law that govern their lives the historical and social political forces that
determine that law should be analysed. Our analysis of the law exposed above will
therefore follow its historical, instrumentalist, ideological and political ramifications.

(i) THE STATE AND LAW

The fact that for a greater part law has been an instrument of the state since colonial
times cannot be controverted. The question is how and in what respect? The 1937
Trade Union Ordinance had no practical impact because there were no social forces
in Uganda interested in its enactment. However because the 1952 Ordinance was to a
considerable extent a conscious response of the colonial state to worker's struggles in
 28 CBR WORKING PAPER NUMBER 17

Uganda, albeit taking into account British experiences elsewhere, it was more
comprehensive and had considerable practical impact. As far as the objects of the
unions, the purposes for which funds could be used and the refusal of the Registrar to
register general unions was concerned, these provisions were enforced. The Transport
and General Workers Union which wanted to cover workers all over Uganda was
refused registration and was only registered as the Busoga African Motor Drivers
Union (R. Scott:lO, 12; ARLD 1953:24). The Registrar generally refused to register
general unions and "tended to push any embryonic grouping into registering as an
association" (R. Scott:28). However the provisions meant to encourage democracy and
accountability were hardly enforced. Provisions giving the Registrar powers to inspect
books of account, administration of union property and finances and the use of secret
ballots in voting were rarely invoked (J.J.B. Barya 1990:88). The colonial state was
mainly interested in controlling the development of unions, deradicalising them and
separating them from politics.

However, although the law mainly sought to help create an apolitical, econornistic trade
union movement, it was assisted in this regard mainly by the ideological training the
unions received from the ICFTU. The ICFTU established the ICFTU African Labour
College in Kampala in 1958. It provided both technical and ideological training. The
unionists were taught to eschew any links between trade unions and politics. Indeed
T. Mboya the Kenya unionist who advised the formation of the Uganda Trade Union
Congress (UTUC) warned against organic links between political parties and trade
unions (Uganda Argus 12.7.1955). Thus the colonial state opposition to political
unionism was reinforced by ICFfU trade union econornism. In order to seal the
separation of politics from trade union organisation the grievances of the petty
bourgeoisie were gradually redressed in the 1950s (M. Mamdani 1976: 192-205; D. W.
Nabudere 1980: 148) and at the same time the rising petty bourgeoisie were encouraged
to form "staff associations" rather than "unions". In the public service this was a
separation between "officers" and ordinary "employees" (or ''workers"). The policy of
Africanisation was to enhance this separation. Thus if the trade unions were organically
cut offfrom the nationalist struggle it was through an instrumentalist use oflaw and the
nurturing of the ideology of econornism in the definition of trade unionism.

The origin, purpose and practical operation of the post-colonial legislation is even more
instructive on the various characteristics of law. When the law regulating trade unions
generally, trade unions in the public service and trade disputes was enacted between
1963 - 1965 there was protest from UTUC against all the restrictive aspects (J.J.B
Barya:109-145). However, the pro-government FUTU always religiously supported
the enactments and government labour policy. While UTUCwas supported by ICFTU
and most western unions, FUTU was supported by AATUF (All African Trade Union
Federation) based in Accra and the Eastern WFfU (RU 1969). However the
legislation enacted between 1968-1970 was not opposed by the union leadership in the
same vein as the 1963-1965 legislation although it was more restrictive and in fact
removed trade union autonomy by creating the single union ULC. This is because by
the end of 1970 trade union leaders had accepted to be incorporated in the new state
 WORKERSANDTHELAWINUGANDA 29

capitalist institutions under the so-called Move to the Left Strategy. They had declared,
following the Nakivubo Pronouncements, as they said, to

wholeheartedly abide by the new political culture and economic reforms as outlined in the
Common Man's Charter.... The new political culture will guide the labour movement
(Uganda Argus 5-5-1970).

Thus the main characteristics of law between 1962-1971 were instrumentalist and
political. Instrumentally law was used to construct a new post-colonial industrial
relations framework and politically it enhanced the emasculation of aspects of worker's
rights available during the colonial period. Legal ideology appeared not to have been
important in itself throughout the period because the argument of the state was not so
much that labour policy should be followed because it was backed by legitimate law but
rather invoked other ideologies: the ideology of development between 1962- 1968 and
the construction of socialism between 1968-1971.

The law regulating trade union organisation and dispute settlement as it exists today
was constructed under the Amin regime mainly between 1971-1973. The importance
of the Amin era as far as legal rights for labour are concerned lies in the liberalisation
of the law, the entrenchment of tripartism and disappearance, nonetheless by the end
of the regime, of legality as a source of legitimacy for state policy.

The Amin regime had by the end of 1973 restored the organisational autonomy of trade
unions. The coming into being of the 1973 Decree was however a result of struggles of
workers and trade unionists with the help of liberal civilian Ministers of Labour. The
desire of the Amin regime to create a social base provided a favourable political
environment for the demands of workers and unions to be met for the most part. In the
euphoric atmosphere of the coup union leaders called upon the Amin government to
reverse the dissolution of autonomous trade unions and the centralisation brought
about by the 1970 Act. 13 In response to these demands the Trade Unions Act
(Amendment) Decree (No. 10/1971) was passed providing that all trade unions
registered under the 1965 Act were to continue as separate unions until further notice
(s. 1(a)). The reversal of the 1970 Act was put on the agenda very early after the coup.
In an emergency Labour Consultative council (LCC) meeting called at the Minister's
request he declared that

in view of the recent change of Government it was the Minister of Labour's pledge to
re-examine and review the industrial relations policy and the law relating thereto, and to
provide for the safe-guarding of the free and voluntary character of the trade union
movement (LCC 1971).

13 Interviews with R.W. Kasozi, S.G. NOTU August 1987; P.K. Amadrua S.G. UTGWU, December
1987 and July 1991.
 30 CBR WORKING PAPER NUMBER 17

Subsequently the trade union leaders held several meetings to co-ordinate their
demands and as there was no central federation since 1968 they organised themselves
into the All Uganda Trade Unions Steering Committee (AUTUSC) led by L.K
Ssenkezi, G.S of NUCCfE (National Union of Clerical, Commercial and Technical
14
Employees) and later by R. W.T. Wetosi of the Makerere Employees Union. In 1972
the Minister of Labour told the LCC that in his view the philosophy of one trade union
only of the 1970 Act "did not appear to be in conformity with democratic trade unionism
and would appear to be unconstitutional" (LCC 1972: 3) and following the Minister's
request for recommendations it was unanimously decided by the LCC that "the workers
of Uganda should be permitted and assisted to organise themselves into a number of
trade unions of their choice" (ibid.). However the Amin Cabinet was not unanimous
on this view. Some Ministers took the autocratic view and wanted trade unions banned
on the assumption that this would stop strikes which were detrimental to a developing
economy. The liberal view pursued by the Ministry of Labour was that Uganda was
part of the international community which had accepted the operation of trade unions,
that for practical purposes, with the emergence of new employers after the Economic
War, workers needed protection from likely exploitation by the new employers, that
the banning of unions in other countries had not prevented strikes and that in fact
unions are useful as organisations through which workers could ventilate their
grievances and it was easier for government to negotiate with unions rather than a mob
(Ministry of Justice 1973: 5). The liberal view eventually triumphed and Decree
29/1973 was passed.

However, although the law was liberalised it was not concretely enjoyed by the trade
unions due to the Economic War and the subsequent repressive character of the Amin
regime. The Economic War led to the virtual collapse of industrial production,
redundancies and desertions and a consequent weakening of the unions. The collapse
was exacerbated by the militarisation of industrial relations where not only major public
enterprises were managed by the incompetent military officers but industrial disputes
and strikes were militarily repressed (J.J. Barya 233-237). Precisely because the Amin
regime and the new employers were eventually dependent upon force and violence for
their survival legality as a legitimating factor in industrial relations became redundant.

Finally the Amin regime assisted the more systematic internalisation by the unions of
the ideologies of tripartism and technocratic unionism mainly due to the dominance of
ILO educational influence during the Amin period. From 1975 NOTU began training
Field Organisers, Trade Union Instructors and Senior Trade Union leaders more
systematically with the help of ILO and other foreign bodies. Many union leaders
attended courses especially at the ILO Centre for Advanced Technical and vocational
Training, Turin, Italy (ARML 1977 :13; NOTU 1976: 7). Most of the training was done

14 See R.W.T. Wetosi, Ag. Secretary AUTUSC to G.S. Busoga District Administration Employees
Union 6.7.1973, NOTU: ML. 1 FILE (1973-1984); Voice of Uganda 2.7.1973.
 WORKERSANDTHELAWINUGANDA 31

by ILO and a few unions from the Eastern Block countries because Western unions
were excluded from operating in Uganda after Amin's diplomatic rupture with the West
following the Economic War. The overall impact of the courses and seminars was that
tripartism as an ideology was reinforced and ILO concepts more consistently taken on
board. On the part of government ILO tripartite and technocratic ideological views on
trade unionism rhymed with its view that with the Economic War there was no more
contradiction between labour and capital. Thus on May Day 1974 Amin declared that

in Uganda of today everybody is a worker so long as he is engaged in some productive

activity which contributes to national development. We do not believe in sharp and artificial
divisions between the workers and the so-called employers as you find in imperialistic
capitalist countries.

On the contrary, he declared,

we are joined together by a common bond of brotherhood and have the common goal of
achieving prosperity and well-being of all people. Both the workers and their managers
must continue to regard each other as comdrades-in-arms" (Voice of Uganda 1.5.1974).

Indeed a year later this non-conflictual, consensus view of the industrial relations,
buttressed by ILO education and tripartism was echoed by the S.G. of NOTU:

Both management and employers have a common goal and objective in that all aim at
making the enterprise for which they work a success. The legend that there are two sides
in industry the management on the one hand and the workers on the other presupposes
that the two sides have different goals and objectives and is therefore absolutely false and
detrimental to economic development (NOTU 1975: 7).

It should be observed however that although tripartism and technocratic unionism were
pervasive during the Amin regime their importance lay in their acceptability to the
unions since in practice repression was the mainstay of the regime, even in industrial
relations. The importance of these ideologies is in their persistence even in the
post-Amin era.

The post 1980 period, after the fall of Amin, that is the UPC Obote II period and the
NRM era have a number of lessons as far as the application of law and workers'
organisational rights are concerned. One of the most telling characteristics of the UPC
- Obote II regime was the mixed use and non-use of law as well as the opportunistic use
of law by the state in labour matters. At the same time the struggles waged by workers
and the trade union movement during the period 1980-1985 show the importance of
legal rights when defended successfully. The basis of the conflict between the trade
union movement and the UPC-Obote II regime was the fact that the majority of the
unions were opposed to the regime and sympathetic to the parliamentary and armed
opposition. In 1980 an attempt had been made by trade union leaders to form a Labour
Party but this move failed because those who favoured the separation of trade unionism
from politics, i.e those who pursued the ICFfU line triumphed (J.J.B. Barya
1990:267-270). The regime interfered in the trade union movement through: partisan
 32 CBR WORKING PAPER NUMBER 17

political intervention and trying to split the union movement, illegal and/or
opportunistic use of law and open repression.

The regime formed the UPC-WC (UPC Workers' Council) in 1981 and also set up
UPC Party branches or Youth Wings in the work places. The aim was to parallel the
official and legally constituted trade union movement consisting of NOTU and its
affiliates. In places like MULCO and UGIL the UPC Branches there simp~ dissolved
the union branches and appointed UPC partisans to run them. Similar
unconstitutional replacements of elected branch union leaders took place at ATM,
Mbale and NYTIL, Jinja with the UPC Branches "conducting elections" (NOTU 1982:
Appendix "C"). But in situations where union leaders also happened to be UPC Party
members but in support of the official and legal trade union movement the UPC organs
simply split the unions into factions as happened with the Uganda Railway Workers'
Union (URWU) (J.J.B. Barya 1990: 273-4).

However most trade union leaders and members resisted UPC attempts to divide them.
Out of the 15 trade unions in Uganda 11 were opposed to the UPC regime and its
policies (NOTU 1982: Appendix "B"). They resisted being overrun by the UPC organs.
But their resistance was greatly enhanced by the division within the UPC Government
between those who supported the UPC-WC and those who supported the legal trade
union movement. At one point in fact the Attorney- General ruled that the UPC-WCs
were mere adhoc bodies of the Party and had no legal status vis-a-vis the unions and
NOTU and even no constitutional status within the UPC. 16

Apart from the partisan interference within the unions the UPC- Obote II regime
negated democracy within the unions. But the divisive strategy did not succeed apart
from the Party taking over a few union branches. The other aspect of this strategy was
to have UPC taking over NOTU and the unions' leadership. To influence the leadership
and administration of the unions both illegal methods and opportunistic uses of law
were deployed. Throughout the Obote II period NOTU never held any elections nor
annual delegates conferences because government could not allow it where it was not
sure UPC leadership would emerge. From 1982 onward, in fact, even other unions
were prohibited from holding ADCs and elections (See NOTU: 1987). When in 1984
the trade unions confronted the Minister of Labour and demanded the holding of ADCs
and elections the Minister opportunistically deployed the law against them. Apart
from saring that NOTU must maintain "the understanding reached in the President's
office" 1 the Minister insisted that ADCS would not be held until all legal requirements

15 See for instance R. Oron, UPC, Pamba Textiles Ltd. to the Secretary UTGWU, 26- 11-1981 in
UTGWU, Pamba Textile File (1981-1984); also UGIL, UPC Branch chairman: D. Mudde and other
leaders to S.G. NOTU, cc. G.S UTGWU, Personnel Manager, UGIL, RegionalSecretary, UTGWU
in UTGWU: UGIL FILE (1977-1987).
16 S.O. Ariko, Minister of Justice/A.G to UPC-WC, UPC HQS, 21-4-1982, source: URWU FILES.
17 This was about ensuring UPC leadership of NOTU and the unions, see J.J. B. Barya 1990:278-280.
 WORKERS AND THE LAW IN UGANDA 33

were observed namely: sending annual returns to the Register (S. 48 Trade Union
Decree) and that unions had to be up to date in their subscriptions to NOTU, etc. He
then directed the Registrar "to make sure that all unions were up to date in their
contributions to NOTU and that the Trade Union Inspector of Books must ensure that
the law is followed before NOTU Delegates Conference is held". He then concluded
without much discussion with the unionists that "he was not going to succumb to any
pressure whether internal or external and that if the unions fail to fulfil the conditions
he set, he will dissolve the unions and appoint Caretaker Committees" (NOTU 1984).

The belated concern by the Ministry of Labour over the need for unions to follow
constitutional provisions and the trade union law was opportunistic in the sense that it
was meant to ensure that failure to follow the law could be used by the Ministry to
impose its wishes on the unions. Although by the end of 1984 the unions had been
allowed to hold their ADCs most of them never did this until the NRM take over in
1986.

Apart from the above, direct repression of union leaders and workers was deployed
without any pretence at following the law. The main reasons for the arrest, torture and
even death of workers and trade unionists was the suspicion that they supported
"banditry", the UPC - Obote 11 description of the guerilla struggle against the regime.
For instance workers at Kakira were arrested in 1984/8 in 1982 the leadership of the
Postal Union had been arrested on allegations of "instigating a subversive strike to
cause economic sabotage and overthrow the Government without going to the bush"
(NOTU 1982: Appendix "B": 4) and in 1982 NOTU leaders were also arrested on
allegations that they had recruited people and sent them to Kenya and Libya for
training, were negotiating arms from Italy and that the Acting Secretary General had
refused to stop working with DPs and UPMs (NOTU 1982: Appendix "A"). No charges
were brought against these people and even in the case of some workers and union
leaders they have never been seen alive again (NOTU 1986: 7-8).

(ii) THE TRADE UNIONS

It would be wrong to suggest that the negation of democracy and the suppression of the
provisions of the law meant to ensure accountability in the unions were just a result of
state intervention. Trade Union constitutions, leadership struggles and rank and file
disorganisation have also contributed to that result. Leadership struggles were also
encouraged and funded, in many cases by foreign trade unions intent on furthering their
own interests in Uganda's unions. The UTGWU struggles over leadership illustrate
the role of foreign funding whilst those of UR WU illustrate the role of the union
constitution.

18
 34 CBR WORKING PAPER NUMBER 17

UGANDA TEXTILE AND GENERAL WORKERS' UNION (UTGWU)

Between 1979-1984 UTGWU had two factions, the Mutete and Amandrua factions.
P. Amandrua, G.S ofUTGWU had been suspended by NOTU allegedly for misuse of
union funds in 1979. The Caretaker Committee of UTGWU hurriedly convened a
Delegates Conference and P. Mutete was elected Secretary General with other new
leaders in 1980. However in 1982 the NOTU Disciplinary Committee which had
investigated the allegations exonerated the Amandrua group and recommended their
reinstatement. 19 The Mutete faction opposed this and applied for an injunction to
restrain the Amandrua faction from resuming their positions. But Amandrua had the
injunction successfully lifted.20 Because the Mutete faction refused vacate office, they
were physically thrown out by security personnel. The leadership wrangle continued
and was fuelled by foreign union support for the Mutete faction. This in turn
encouraged some of the leaders to act unconsititutionally or illegally as they came to
regard their foreign sponsors as their constituency more than the union membership.
The International Textile, Garments and Leather Worker's Federation (ITG & LWF)
and its G.S. C. Ford and the AALC (African American Labour Centre) supported the
Mutete faction. The latter even sponsored the Mutete faction to several seminars to
Egypt and Israel (J.J. B. Barya 1990: 291) and no sooner wasP. Mutete removed from
UTGWU leadership than C. Ford appointed him ITG & LWF Representative in
Zibambwe.Z1 Then in 1986 when UTGWU elections were called, financed by ITG &
L WF, Mutete came back to contest elections but was defeated and although he
instituted a suit challenging the election he also lost the case.Z2

The point is that these leadership wrangles were detrimental to the union and its
membership. Most textile enterprises refused to negotiate collective agreements and
others refused to pay union dues because of the leadership uncertainty. In fact in the
disputes like the Lira Spinning Mill strike of July 1984 shopstewards and workers
struggled on their own with out any union support (J.J. B. Barya 1990:293). In addition
ITG & LWF for a long time refused to give any assistance to UTGWU because it did
not approve of the Amandrua leadership.

UGANDA RAILWAY WORKERS' UNION (URWU)

In the case of URWU the provisions of its constitution were very crucial not merely in
the way they were used but how they were being changed in the course of the struggles.
The URWU Constitution is in fact an organ for the National Executive Committee's
dictatorship over the rank and file. The highest body in the union is the QDC

19 S.O Okolimong, Ag. S.G, NOTU to C/Man, UTGWU 12.8.1982, NOTU: UTG{fU/9 (1981-1987).
20 See UTGWU v. NYTIL and P. Amandrua, H.C.C.S. No. 9/1982.
21 R. Kasozi, S.G. NOTU: Statement, 2.10.1986, in NOTU: INT/9A/225/86.
22 SeeP. Mutete v. P. Amandrua UTGWU and Registrar of Trade Unions, Mise. Application No.
93/1986, UTGWU: DISPUTES FILE.
 WORKERSANDTHELAWINUGANDA 35

(Quinquennial Delegates Conference) at which national leadership is elected (Art 8(f),

URWU Constitution). Below the QDC is the ADC which is the policy-making organ
and "supreme authority of the union" (Art 8(1). Below the ADC are three union
organs. The National Executive Committee (NEC), the Finance, Administration and
General Purposes Committee (FAG PC) and the Cabinet. The NEC consists of all the
national officers (President, G.S. Treasurer and their Assistants), the three trustees and
one representative from each registered branch of the union (Art 9(a)). It had powers
to suspend or dismiss any officer or employee of the union (Art 7) subject to appeal to
the ADC. In practice this leaves all power to the only full-time elected officer, the
General Secretary who works with full-time appointed employees. The FAGPC deals
with financial officers plus 6 members elected at the QDC. If the F AGPC fails to meet
twice the G.S may convene the Cabinet whose quorum is only 4 members or the NEC
may act. The Cabinet consists of the National Officers and three trustees.
Constitutionally therefore the F AGPC is easily dispensable and 4 members of the
Cabinet may determine issues supposed to be dealt with by 12 members of the FAGPC.

Furthermore the ADC itself is composed of the national officials and three delegates
from each registered branch of UR WU namely " the top three Branch Officials of the
union or their Branch representatives appointed by the Branch Executive Committee"
(Art 8(1)(c). But since the election of the Branch Executive is itself "convened and
supervised by the cabinet" the whole electoral exercise can be manipulated by the
Cabinet. Secondly, unlike most other unions, the ADC is composed only of officials
and has no direct representatives from the rank and file. Thirdly, the role of the Cabinet
at the Branch level was a 1980s innovation brought in to deal with dissenting branches.
So long as the Cabinet can ensure that its supporters become the Branch leaders all
union decisions at any conference (ADC or QDC) become rubber stamps of the
Cabinet decisions. The cabinet manipulation of the constitution may be exemplified
in the 1985 election and in its struggle with the dissident Kampala Branch.

The ADC was composed of only 42 representatives and several months before the
ADC/QDC of 1985 the NEC had decided that "before holding the forthcoming QDC
after organising all the Branch elections, the union would undertake to buy one suit
and a brief case for each delegate including the National Officials of the Secretariat".
Not only was this done but the delegates were accommodated in the most expensive
3
hotels (Colline and Speke), bought shoes and paid big allowances with union money?
Any wonder then that the Cabinet/Secretariat of URWU stage-managed the electoral
process and were re-elected by acclamation (URWU 1985:Min No. 7/HQ/QDC/85)?
On the other hand the conflict between the NEC of UR WU and Kampala Branch
started in 1982. It is claimed that A. Ejalu former Managing Director of URC was
removed in 1982 at the instigation of the national UR WU leadership and the thereafter
he sought to avenge himself using the UR WU Kampala Branch. Whether this is true

23 URWU sources, November 1987; NOTU Secretariat, October 1987 and URWU 1987: 11-12.
 36 CBR WORKING PAPER NUMBER 17

or not, it is clear that the UPC agencies led the 1984 one-day strike in URC based in
the Kampala Branch, in order, partly, to discredit and oust the national leadership
which was opposed to the strike. When it came to Branch elections of Kampala Branch
the Branch refused the secret ballot and insisted on voters lining up behind candidates.
The NEC stopped the elections and suspended the Branch leadership and later
expelled them from the union pending appeal to the ADC (URWU 1986: 5). What is
interesting here is that not only did the 1987 ADC approve the action by NEC and
F AGPC but increased the constitutional powers of national leaders. It was resolved
that,

The Secretariat should handle any subsequent similar activities in the same context of this
resolution without the NEC or a Special Delegates Conference (URWU 1987).

Further, the URWU constitution was also amended. While originally NEC could
"suspend any branch for refusal to carry out the rules or decisions" of the ADC or NEC
the new provision added refusal to carry out "resolutions" as a further ground for
suspension (Art 12(1)(e). Thus the URWU Constitution further circumscribed
constitutional means of holding the national leadership accountable. At the same time,
the fact that the smallest branches as well as the very big ones like Kampala branches
constituting about a third ofURWU membership have equal representation encourage
the small branches' susceptibility to bribery and manipulation by the national
leadership.

(iii) TRADE UNION IDEOLOGY

Apart from state intervention and constitutional constraints within the trade unions,
the extent to which unions may use or advance workers' rights depends upon their
ideological self-conception. We contend that right from the end of the Amin regime
western trade union organisations especially ICFfU and AALC have, with the
collaboration of the union leadership, created an environment of ideological and
financial dependence on the part of Uganda's unions. Ideologically the struggle over
NOTU affiliation to either ICFfU or the Organisation of African trade Union Unity
(OATUU) on the one hand and on the other hand the educational impact of ILO
technocratic conception of trade unionism, with the economism of ICFfU and its
affiliate ITSs (International Trade Secretariats) have demonstrated the adverse impact
of foreign unions and technocratic unionism on Uganda's trade union movement in
terms of self-definition and empowerment in the struggle to advance workers' interests.
It may be said in fact that with the exception of the Amin period ICFfU-AALC
influence has been the greatest of all foreign union organisations.

Ever since the formation ofULC in 1966 no Ugandan national centre had ever affiliated
to any foreign trade union federation, apart from affiliation to the Pan-African union
Confederation OATUU. NOTU, when formed in 1975, affiliated to OATUU whose
constitution prohibited any of its affiliates from affiliating to any other international
trade union organisation (Art 8, OATUU Charter). However since 1981, about three
 WORKERS AND THE LAW IN UGANDA 37

times, NOTU Secretary Generals have tried to affiliate NOTU to ICFTU but have
either been opposed by government or trade unionists or both. Government position
has always been that NOTU should maintain a non-aligned policy and affiliate only to
the African continental OATUU. However ever since the formation of OATUU the
western unions have always opposed its Article 8 and western oriented centres in Africa
have also argued that it violated ILO Convention No. 87 (The Freedom of Association
and Protection of the Rights to Organise Convention 1948) (W. Ananaba 1979: 137-
8). However in 1986 OATUU amended the Article to allow its affiliates to affiliate to
other international trade union organisations although those not so affiliated would
have an additional vote and those so affiliated would not be elected to the OATUU
Executive Committee (Art 9-10). However NOTU has to-date been prevailed upon
by the trade unionists to adopt a non-aligned position.

The question of affiliation is closely related to the material and financial aid that African
affiliates expect from it. Although S.43 of the Trade Unions Decree requires the
Minister's approval offoreign aid for unions, even where this requirement has not been
followed the ministry has not prevented most aid unless it was seen as a security risk
(See J.J. B. Barya 1990: 322-3). The problem with foreign aid to unions has been that
it ties the unions to specific educational and ideological lines. Indeed when NOTU
affiliated to ICFTU in 1981 (by D. Wogute) and in 1983 (by S.A. Okolimong) both
government and some unions opposed it and NOTU disaffiliated. Thereafter ICFTU
stopped its funding and even some of its affiliates stopped their assistance or refused
to assist. 24 The ICFTU-AALC has also always directly sponsored NOTU and other
union leadership sympathetic to their ideological outlook. However, the more lasting
influence has been through education locally and abroad. Most of the seminars have
focused on educating national and branch union leaders but to some extent the rank
and file especially through the study circle system. The lecturers in these courses are
from the donor organisations, local Trade Union Instructors, the Ministry of Labour
and occasionally from Makerere University. The conception of trade unionism taught
in these courses buttresses economism, eschews politics and since the mid-1970s the
ILO tripartite consensual view of industrial relation has been faithfully pursued. In fact
according to the NOTU Director of Education (1975-1986) and later S.G. of NOTU,
R.W .. Kasozi (1986-1988), the role of trade union education was to give workers
knowledge and skills to discharge their duties efficiently and to know "their rights and
obligations and their responsibilities towards their trade unions, enterprises and
society." Trade union education should therefore give knowledge of: trade union law,
how to keep records, conduct meetings, collect and control union funds, public speaking
and organisation (see R.W.Kasozi). And indeed this is what trade union education has
generally consisted of. The topics taught like labour laws, the scope of collecting
agreements, the Social Security Fund, international trade union organisations, etc.,

24 These were AALC and the Japanese Confederation of Labour (DOMEI): see J-J. B. Barya 1990:
328 and NOTU: Report on Personal contacts while in Geneva 1984:3-4.
 38 CBR WORKING PAPER NUMBER 17

treat the status quo as natural and the bottom line of trade unionism is seen simply as
the acquisition of negotiation and administration skills, learnt professionally, to
improve the living conditions of workers without questioning the broad economic and
political status quo. 25 Although a couple of trade unionists have attempted a class
analysis and tried to view trade unionism in all its ramifications including the legal
regulation thereof in a definitely historical and materialist perspective, their analysis
remains highly fragmented and unsynthesised. 26 It is also partly because of conservative
trade union education and their quiescence in the status quo that trade unions have
not seriously pressed for the reform of repressive labour laws. Although since 1989
there is an on-going Labour Laws Review exercise the taking off of this exercise may
be attributable more to the NRM government than trade union demands?7

(iv) THE UGANDA PUPLIC EMPLOYEES' UNION (UPEU)

We have so far looked at the general position regarding state intervention in the trade
unions, the contradiction internal to the unions and nature of trade union ideology.
Before we look at the extent to which legal ideology in industrial relations has been
operative in Uganda, we shall briefly look at the operation of the law in the public sector
since it is different from the general law regulating labour organisation in the private
sector. We have already seen the extent to which public sector employees are allowed
to form and/or join trade unions. Only group employees are unionisable. This is under
the Public Service (Negotiating Machinery) Act 1963 as amended by Act 24 of 1968.
What we are concerned with here is to analyse the impact of this law on organisation
in the public service where all workers except group employees have no organisational
rights whatsoever.

From the outset it should be made clear that the lack of rights of organisation for most
of the public service employees has been at the heart of the organisational problems
of the Uganda Public Employees Union (UPEU) the only union recognised in the
public service by government as per the Agreement between the Uganda government
and the UPEU of 1964.28 There also exists a Uganda Civil Servants Association which
has no bargaining powers at all and which has been very ineffective. The only possible
achievement of this Association is that it has been part and parcel of the struggle that
has led government to accept recently that most civil servants should join trade unions,

25 A perusal of contents of the NOTU Education File makes this clear. I have also personally attended
NOTU Seminars on a number of occasions and read, seen and heard what is taught both in 1987 and
1991.
26 Ibid.
27 I say this because the reform of labour laws has been on the agenda since about 1983/1984 and
nothing happened until NRM came to power (J.J.B. Barya 1990: 338-9). And of the
recommendations made by the tripartite Labour Laws Review Committee so far shows that most of
NOTU demands have not been accepted. M.L: Minutes of the Committee to Review Labour
Legislation File.
28 See Uganda Government: Uganda Government Standing Orders, Chapter 2, Appendix 7.
 WORKERSANDTHELAWINUGANDA 39

althou~h to date the amendments to the relevant statutes to allow this have not been
made. For the moment however only UPEU exists in the public service and
represents only group employees. It is in this form that the performance ofUPEU may
be analysed.

It would appear that the administration of UPEU up to the mid 1970s was no better
and no worse than that of any other union. However when the veteran trade union
leaders either left the union, like E.R. Kibuuka in 1973, or were voted out or died, union
disorganisation ensued. Whilst returns to the Registrar for the year 1977 showed a list
of leaders it was not clear how, when and by whom they had been elected because
UPEU had not kept or had lost most of its records during leadership wrangles. 30 It
should be noted that between 1977-1987 it is very clear that UPEU held no Annual or
Quinquennial Delegates Conference. Further, for this period apparently no records of
meetings were kept and the few made were generally kept by some individual union
officer privately but not in any union file. 31 Most meetings of the functional
Committees were not held. In addition there were no proper books of account and
collection of funds from government ministries by the check-off system was difficult as
some ministries never remitted money while other were always late. As far as carrying
out its constitutional and legal duties were concerned UPEU has generally been a
failure. While up to the mid 1970s it routinely attended Joint Staff Council meetings
and pursued demands therein on, for instance: wage increases, bonus and tools
allowances, victimisation of workers, grading system of group employees and
appointments of union officers to government Councils, Boards and Committees,32
throughout the 1980s to-date no such meetings have taken place. In other words even
for most of the limited functions given to the union by law little was done. Indeed apart
from the limitations imposed by statute the Recognition Agreement between
government and UPEU for instance clearly states that "the union is .... aware of the
constitutional right of government through properly authorised persons to terminate
the services of any Government employee without giving any reasons" (Art.9). In a~
event the public service employees cannot even complain to the Industrial court.
There is no wonder then that as a result of union disorganisation active membership

29 The right of Civil Servants to join trade unions will come about mainly incidentally. The issue gained
momentum from 1989 when the NRM - led government passed the Statute (No.1 /1989) allowing
workers, women and youth special representation in the NRC. When it came to who would
represent workers NOTU sought to have the right to choose. However government realised that
NOTU and the unions represented only a fraction of the workers in Uganda. Subsequently the Civil
servants Association, together with NOTU pressurised government to accept unionisation of most
civil servants except the very top so that when workers representatives are eventually chosen, even
civil service employees should be represented.
30 NOTU (C/Man. A.N. Kato; Secretary: C. Bindeeba):Report of a Commision of Inquiry into the
UPEU, 15 March 1980.
31 Ibid. 6; see also NOTU (P.M.B Tirwakunda C/Man): A Report by the NOTU Investigation
committee in UPEU 31 December 1985; UPEU: Minutes of Quinquennial Delegates Conference
of UPEU 20-5- 1987.
32 M.L: Minutes of the Joint Staff Council Held on 2nd December 1976 in the Conference Room of
 40 CBR WORKING PAPER NUMBER 17

was almost non-existent throughout the 1980s. For instance while in 1974 UPEU had
23,976 paid up members (ARML 1984: Appendix X, p. 51) by 1980 the book
membership was only 1624 while there were no records of paid-up membership
(NOTU (C/ManA.N. Kato ... ): 1980: 22) and in 1987 after the election of office bearers
and some re-organisation there were only 1061 paid up members (source: UPEU
FILES and Interview UPEU Typist, October 1987).

One point which is clear about UPEU is that because membership has hitherto been
limited to only group employees of government, urban and local authorities, plus the
National Water and Sewage Corporation the leadership calibre has been the lowest
quality in the trade union movement. Some national leaders have been semi-illiterate
while many could neither speak nor write English. The result was that at one time only
one man Okot- Omara as Chairman usurped all the powers of the union leadership
(NOTU (C/man A.N. Kato) 1980: Supra 12-15). The only events taking place in the
union in the 1980s were mainly expulsion and counter-expulsion by different members
of the Executive Committee or cliques thereof. For some years the union had no offices
after the 1979 war because it could not pay rent while from 1983 up to 1987, it was run
by a mere Caretaker Committee. And instead of mobilising and organising members
and collecting union dues, not even from just those of Kampala members, the so-called
leaders from 1979 onwards concentrated on writing letters and requesting for aid from
international trade union organisations especially the Public Services International
(PSI) 35 or embezzling the few funds and misappropriating union property. The near
total uselessness of UPEU to public service employees, in conclusion, may thus be
attributed mainly to its lack of autonomy from the state, its low base of membership
and the lack of formal education with the resultant weak union leadership and the
fact that UPEU trade dispute resolution machinery is dictated simply by the state.

(v) LEGAL IDEOLOGY

Finally on the question of rights of organisation it is important to assess the role oflegal
ideology in the advancement or restriction of these rights. As we stated earlier (supra:
9-10) legal ideology in Uganda has been in our view, of little significance - but
nonetheless of some significance. It would appear that as far as labour laws are
concerned, historically in Uganda, three points may be made about the deployment of
legal ideology to legitimise them. The first one is that generally law and legal ideology
have not been pervasively used to legitimate state policy and the interests of the
dominating classes and social groups; however, where there has been an attempt to
use then law has generally been of instrumental character. As far as ideology is
concerned, ideologies other than law have been more significant. Between 1962-1968

the Ministry of Labour.

34 S. 28, The Trade Disputes (Arbitration and Settlement) Act, Cap 200. It states that the Act does not
apply to public service employees.
35 See UPEU: PSI Files (1979-1983) and (1984- ).
 WORKERS AND THE LAW IN UGANDA 41

the ideology of development was used to justify the post-colonial restrictive labour
legislation of 1963-1965 relating to the organisational right of public service employees,
the management and resolution of industrial conflict and the definition, rights and
management of trade unions. In addition the state intervened directly to influence
workers' organisation using law or extra-legal means such as in sponsoring FUTU to
rival UTUC. Between 1968-1971 the dominant political ideology was that of the
construction of socialism whereby class conflict was to be irrelevant because workers
would be owners of the means of production. Law was merely an instrument to create
the frame work for the achievement of this result. Under Amin the theme and ideology
of development was revived in the form of economic independence and following the
Economic War and the nationalisation of major Indian and other industrial properties,
"all Ugandans" were deemed to be the owners through the state. Rights of labour
therefore were supposed to exist in equality to those of other citizens. They were not
expected to strike. However because of the collapse of the industrial base and the
economy generally, especially in the latter half of the Amin regime, the ideology of
development and economic independence was discredited and the state relied on
naked coercive force in which case talk of any legitimating ideology, even in industrial
relations would have been meaningless. Under Obote II the mainstay of the regime
was also coercion mixed with a divisive strategy among the workers by creating the
UPC-WC. Although rehabilitation could be said to have been the slogan and major
idea adopted for the industrial relations and labour policies, it really did not amount
to an ideology since it was never accepted by the workers and unionists so as to have
them co-operate in tripartite institutions with the state and employers. Under the
NRM although there has been state intervention in industrial disputes, there has been
almost no intervention with organisational rights. The general ideology of the NRM
seems to be nationalism and national unity but there appears to be no specific ideology
as far as industrial relations are concerned. ·

The second point about law as ideology is that the use of legal ideology to legitimate
state-employer dominance has been reflected and used mainly in industrial disputes
rather than in relation to workers' rights of organisation. The state has never come out
to insist on the realisation of workers organisational rights (except for opportunistic
reasons as under Obote II) but rather has selectively insisted on the observance of trade
disputes law. Under Amin the Industrial Court always endorsed the rights of unions
especially the right to represent their members and the right of workers to join trade
unions. In UTGWU vs. BLUE BIRD (U) LTD. (Industrial Court Cause 6/1975) for
instance where a one Col. Suleiman and his wife had wrongfully suspended and
dismissed a worker it was argued for the respondents that the union had no locus standi
to represent the claimants as the owners had taken over the business from the Asians
and that they were not party to the relevant collective agreements. The court held that
any trade union has the locus standi to present its aggrieved member and that the
suspension had been unlawful. Similarly in NUCCTE vs. FAMILY PLANNING
ASSOCIATION OF UGANDA (Industrial court Cause 5/1975)counsel (the lawyer) for
the respondents argued that because the respondents had not recognised the union the
latter could not represent the claimant although he was a member of NUCCfE.
 42 CBR WORKING PAPER NUMBER 17

Rejecting this argument the Court observed that it had been set up specifically "to
enable employers and their workers to settle their disputes as expeditiously as possible
and to control and regulate strikes so that the economy of this country may not be
jeopardised and disrupted by unnecessary delay in settling trade disputes due to
legalistic tactics and approaches which are applicable in ordinary law courts".
Emphasising the right of unions to represent their members in such a dispute. the Court
also held that were unions not to represent their members simply because the party
whose decision they were challenging did not recognise the union "employers wpuld
use the same to victimise innocent workers in which case the Court would have shirked
from its responsibilities of protecting legal industrial rights of workers and the
maintenance of industrial peace in the country". However in practice many of these
rights were actually violated by the militarised executive arm of the state, the army and
managers of the nationalised enterprises (See J.J. B.Barya 1990: 233-243). But in the
case of trade disputes the ideology of law even under Amin was; for a while, invoked.
Amin himself for instance argued that although his government's policy was to
encourage good industrial relations, government would not tolerate or condone "any
illegal strike" (Uganda Argus 12.3.1971). The trade unions in 1971 for instance also
issued a general statement supporting Amin's call against illegal strikes. They argued
that,

as responsible trade union leaders they... cannot condone any acts whereby workers
disregard their leaders and take matters into their own hands, and announced their
intention of calling a general meeting of all trade union leaders in Uganda to discuss 'the
alarming situation' (Uganda Argus 13-3-1971).

They insisted that although workers had a right to strike under ILO Conventions and
Uganda law this must be exercised after "exhausting the negotiating machineries in
Uganda and provisions of the contracts signed by workers and employers ... " (Ibid).

But the ideology of dispute settlement law was also shortlived under Amin since
repression both at the workplace and generally, characterised the latter part of Idi
Amin's regime. Under Obote 11 and the NRM the state's insistence ~n worker's
following the law in trade disputes has been more or less the same . In the course of
any strike the standard procedure is for the union, management and the state (mainly
through labour officers or the Minister of Labour) to condemn the same as illegal. In
fact as we saw, under the Trade Disputes (Arbitration and settlement) Act as amended
and under the Public Service (Negotiating Machinery) Act strikes are either prohibited
completely as in the latter case or seriously circumscribed under the former. And since
of all the strikes that have taken place in Uganda since the passing of these Acts in
1963/1964 hardly any trade union leader or worker has ever been prosecuted for
"instigating, counselling or procuring" any one to strike or for actually striking, as
required by law, the implication is that the function of the law is intimidation. In other
words even for the trade disputes law ideology and instrumentalism go together.
 WORKERSANDTHELAWINUGANDA 43

Finally the usual invocation of law to justify state policies generally and those in
industrial relations in particular is still used on the assumption that law has natural
sanctity. This is even more crucial with regard to workers' and trade union leaders'
perception of it. The point here is that the effectiveness of law as far as workers' lives
are concerned may in fact be even more subtle as far as the contract of employment
and conditions of labour are concerned. There are specific underlying assumptions in
this part of labour laws, which we deal with in Section Three below, which have their
historical roots in the common law of the England. The basic ideological element in
these aspects of the law is that the worker is treated as an individual with individual
rights which may be enforced by courts of law or administrative organs of the state. For
the most part here, the law as conceived, does not know or hardly knows trade unions
or organised labour. We look at this ideological individualisation of the worker
especially in the so-called contract of employment in the following Section.

SECTION THREE

THE LAW REGULATING CONDITIONS OF LABOUR

The substantive rights of labour may be clearly distinguished from procedural ones
analysed in Section Two above. The substantive rights here refer to those rights
actually and daily directly affecting the type and quality of life a worker lives at work
and out side of work. These rights cover a worker's life from the time of engagement
through the duration of the contract of employment, termination of that employment
and finally the retirement period whereby the social security or other pension scheme
should be the final source of livelihood for the retired worker.

In this part we isolate three major aspects of the law regulating workers' conditions
which we shall treat separately, namely: the contract of employment, specific conditions
of labour (and in both cases statutory law and common law apply) and social security
provisions (and pension schemes) which are supposed to cater for retirement.

A. THE CONTRACT OF EMPLOYMENT

The employment contract (or relationship) under Ugandan law, derived from the
English common law is based on the judicial concept of the individual contract of
employment. The common law of the U.K which is also applicable in Uganda vide the
Judicature Act 1967 (No ... /1967, s.3) means the law developed by the judges of the U .K
which is not incorporated in any legislation but which is contained in judgements and
law textbooks. The main laws in Uganda, which mainly derive from English common
law are the laws of contract, torts and to a lesser extent part of labour law, mainly the
contract of employment itself. The judicial concepts on which the contract of employ-
 44 CBR WORKING PAPER NUMBER 17

ment is based are 19th Century European ideas of freedom of contract. But as one
writer has put it:

the language of "agreement" used in the courtroom is bound to have a hollow ring to a
servant (employee-JB) sued for the enforcement of what he felt to be an imposed obliga-
tion."

and that historically, in the U.K at least,

the courts' interpretation of the rights of the parties on their "agreement" and "intention"
frequently resulted in a legal consolidation of the superior disciplinary and other powers
of the employer (Lord K.W. Wedderburn 1971:51-52).

Equally and to-date the legal position of the worker in Uganda which is similar to that
of workers in Britain which one author analysed is that "the importance given to the
individual contract of employment means that all issues are seen as individual rather
than collective problems .. .In theory two parties of equal bargaining power agree on
mutually acceptable terms" (J. MaCMullen 1983:4). In terms of workers' grievances
arising out of the contract of employment, as I. G. Shivji has clearly argued:

one of the most important class functions of industrial relations machinery in a bourgeois
society is to individualize the workers and their grievances and attempt to destroy their
class solidarity... The institutionalisation of class opposition in the form of individual
grievances is one of the leading functions of bourgeois law and the bourgeois legal system
(I.G. Shivji 1976: 132-3).

At one with the above views we proceed to demonstrate how the common law
provisions regulating the contract of employment are a repressive colonial relic while
at the same time concrete labour organisation has managed in many respects to achieve
rights for workers beyond the provisions of the common law.

Apart from the common law, in Uganda, the contract of employment is regulated also
by these statutes: the Minimum Wages Advisory Boards and Wages Com.icils Act, the
Employment Decree and to some extent the Trades Disputes (Arbitration and
Settlement) Act and for the public service the Public Service (Negotiating Machinery)
Act. We propose to look first at the question of minimum wages and remuneration
generally, then at other terms and conditions of service and then termination of the
contract.

(i) MINIMUM WAGES, REMUNERATION AND WORKERS' COMMON LAW

DUTIES

In 1934 a minimum Wages Ordinance (No.3/1934) was placed on Uganda statute books
but was never used at all until 1957 when an operational Minimum Wages Advisory
Board and Wages Councils Ordinance was enacted and used the following year. It is
this statute simply re-named an Act in 1964 after independence which is still on our
 WORKERSANDTHELAWINUGANDA 45

statute books and is supposed to regulate the minimum wages of such workers or
workers generally as the Minister and/ or President may determine. Provision is made
in the Act for the minister, at his discretion, from time to time, to appoint a Minimum
Wages Advisory Board for a specified area, group or groups of employees "in any
occupation which he considers that it may be desirable to fix a minimum wage and to
determine other conditions of employment". If the minister approves the appointed
Boards' recommendations, they are supposed to be published for public comment after
which they are submitted to the President who may accept, vary or reject them. Once
accepted or modified they constitute the minimum wage comprised in a statutory order.
Alternatively the minister may establish a Wages Council, also at his discretion where
he is of the opinion that no adequate machinery exists for the effective regulation of
wages and conditions of employment of any employees in any trade, industry or
occupation. The Council makes proposals on remuneration and conditions of service
for the specified employees. These are published for public comment after which with
or without modification the minister publishes a Statutory Order regulating the
relevant employees' wages and other terms.

What should be noted outright is that there is overwhelming power in state hands, in
spite of the right of the "public" to make proposals , to determine the minimum wages
and other terms of labour. As NOTU put it in its recommendations for the repeal of
this legislation "... characteristic of colonial pieces of legislation the power to set a
minimum wage is concentrated in the hands of the state" (NOTU c. 1989: 27). Secondly,
in practice, the process of boards and councils calling evidence, deliberating on the
matters, submitting proposals to the minister, etc up to the final decision takes too long,
may be ''two or more years while employees continue working for the same wage under
the same conditions which may have led to the appointment of the board or council"
(ibid:28). Apart from the fact that the boards and Councils are merely advisory actually
"no effective democratic forum for the employees to present their views" is offered.
They are only given a chance to give their opinion which may or may not be accepted
(ibid.).

In any event, in practice, these procedures were used mai~ in the 1960s, once in the
1970s and once in the 1980s for the 1984 minimum wage. And in the 1980s to-date
the procedures were overtaken by the economic events since almost without exception
the main method of establishing the so-called minimum wage has been through the
annual budget. However the latter only affects the civil service and not the private and
parastatal sectors. Nonetheless the civil service minimum wage has always acted as a
guide for collective bargaining in the private sector. The importance of organised
labour in determining the remuneration of labour may be clearly seen in the fact that
in no place where a trade union is recognised can an employer pay any worker less than
the minimum wage for the civil service. Usually in fact, the minimum in the private

36 See J.J.B Barya 1990: 167-170; 240, R.E. Gonsalves 1974: Cap7 and S.I /1984.
 46 CBR WORKING PAPER NUMBER 17

sector is much higher than that in the civil service. And almost invariably whenever
unions have taken employees to court on wage increase questions generally and the
need to go beyond the minimum government wage the unions have always succeeded.
One such recent example is UTGWU vs.NYTIL (Trade Dispute cause 1/1988). It was
found as fact that since 1980 NYTIL has generally been meeting the terms of
government budget pronouncements although it was not bound to do so. While they
accepted to pay the 120% wage increase as per the 1988/1989 Budget they wanted to
pay from 1st September rather than 1st July as the union demanded. While the company
pleaded its position on the basis of financial difficulties they failed to produce evidence
to back up their claim. Court awarded the 120% wage increase with 1st July as the
effective date - both as demanded by the union.

It would appear that provision for minimum wages and conditions of work in specified
industries or places is useful for it could be a weapon for weak unions or unorganised
workers although for this to work the machinery for determining the minimum wage
and conditions would have to be democratized and made quicker and more efficient.
Further more although NOTU suggested the repeal of the Act, the strengthening of
trade unions, unionisation of civil servants and a Permanent Joint Party Commission
(consisting of Government, the Federation of Uganda Employers (FUE), trade unions,
the National Chamber of Commerce and Industry plus representatives of the
peasantry) to determine both wages and prices of essential consumer goods and
agricultural products (NOTU c. 1989:30) this kind of overwhelming regulation in a
market capitalist economy could produce more problems than it would be attempting
to solve. Further the Ministry of Labour officials empowered to enforce the provisions
of the Act are too thin on the ground, poorly motivated and would find it difficult to
enforce the minimum wage measures especially against small-scale employers.

Apart from the statutory provisions above the common law regulates both the
remuneration of labour and other conditions of work in the contract of employment.
This is aside from the provisions of the Employment Decree (No.4 /1975) and collective
agreements themselves. '

The first right of the worker under the common law is that so long as he is ready and
willing to work or serve within the terms of the contract he is entitled to receive wages
for that service whether he has actually worked or not. This is the principle in, for
instance, the case of TURNER vs. SAWDON &Co. ((1901) 2K. B. 653). However the
provisions of the contract as a whole must be taken into account. For instance if payment
is by piece, i.e if it is a piecework contract, reasonable tasks should be provided to enable
the worker to earn his wages. 37

37 See: BAUMAN v. HULTON PRESS LTD. (1952)2 All E.R. 1121 and DEVONALD v.ROSSER
& SONS (1906) 2 K.B 728).
 WORKERS AND THE LAW IN UGANDA 47

The Employment Decree 1975 makes it an offence for any employer to fail to pay wages
of an employee without reasonable cause (s.62). This was emphasized in the Uganda
case of UGANDA vs. WILSON LUBANDI. 38

Apart from the above right, reinforced by the statute, the common law generally
imposes duties on the worker vis-a-vis the employer. The first duty is that an employee
is obliged to obey the reasonable orders of his employer. One old English case put it
this way: "the ~eneral rule is obedience, and willful disobedience is a sufficient ground
for dismissal". 9 In a classical case, also English, of BOWES & PARTNER vs. PRESS
((1894) 1 Q.B 202) a trade union had given employees 14 days notice that its members
would refuse to descend the mine in the same cage as that occupied by the
non-unionists. On the question whether they were entitled to behave as they did it was
held, i.e court decided, that the employer was entitled to substantial damages (i.e
compensation) for the refusal of the unionists to go to work. The judge,Lindley L.J
stated: "the men deliberately put themselves in the wrong, and ... they continuously and
persistently refused to work except upon terms which they had no right to dictate."

The second duty is that the employee must exercise reasonable care in the performance
of his duties. But the duty of the employee only arises with regard to the work/job he
is engaged for and competent to do. This duty was emphasized for instance in the
Ugandan case of SAMWIRI SEMBATYA vs. MENGO DISRTICT
ADMINISTRATION & PAULO BAKALINDA.40

Thirdly the employee is obliged to work for the employer in the employer's time. Once
the boundaries of employed time have been fixed the employee is free to use only his
spare time. Even inventions or improvements made during such employed time, unless
there is a contract to the contrary, belong to the employer. Thus in BRITISH
REINFORCED CONCRETE Co. LTD vs. LIND., 41 the employee, while working
designs and calculations for tenders for supporting roofs which was his work, worked
out a more satisfactory method than that used by his employer. He obtained a patent
to which the employer laid claim. The court held that as the employee wlls employed
to work out solutions to this problem he was bound to produce the best solution of
which he was capable. Therefore the patent was the result of the skill of which the
employer had first claim. A similar decision was reached in BRITISH SYPHON Co.
LTD. vs. HOMEWOOD. 42

Finally one of the most important duties of an employee is to respect trade secrets, at
times referred to as the duty of fidelity. This duty may be expressed in three ways:

38 (1975) HCB 308.

39 TURNER v. MASON (1845) 14M&W 112.

!
40 1987l HCB 114.
41 1917 116 L.T. 243
42 1956 IWLR 1190.
 48 CBR WORKING PAPER NUMBER 17

1. an employer may be protected from an employees' use of trade secrets during

employment;

2. an employer may be protected from a former employee's use of trade secrets

knowledge of which was acquired during the employment;

3. an employer may use and invoke an express restrictive covenant ( contrac-

tual term) to prevent a former employee from applying the employer's trade
secrets in the service of others so long as the covenant imfoses only a
4
reasonable restraint upon the employee's future employment.

The above common law duties of the employee to the employer are fully applicable in
Uganda and have not been modified by statute. The dominant position of the employer
and the protection of his interests as against those of the worker are clearly laid down
in the above aspects of the law.

The contract of employment during its subsistence is governed by both statute and the
common law as far as the rest of the terms and conditions of service are concerned.
This affects both the public service and the private sector but especially the latter. Let
us now look at and analyse these terms.

(ii) OTHER SUBSTANTIVE TERMS OF THE EMPLOYMENT CONTRACT

The rest of the substantive terms of the contract of employment are governed by the
Employment Decree and the common law as we show here.

THE EMPLOYMENT DECREE (No. 4/1975)

The origin of this Decree is in the colonial Employment Ordinance (No.13/1946), the
Employment of Children Ordinance (No.18/1938) and the Employment of Women
Ordinance (No. 32/1931 and No. 11/1938). Most of these had been put oh the statute
books to placate international liberal opinion which demanded the enforcement of the
ILO Convention in the colonies on these matters. But the Employment Ordinance
which replaced the essentially penal Masters and Servants Ordinance (No. 19/1913)
was placed on the statute books as a result of the 1945 General Strike in Uganda. The
protective provisions of the Ordinance had not been enacted ti111946 in spite of colonial
office directives and recommendations since the 1930s. The Ordinance, in particular
sought to apply Convention No. 65 of 1939 "in the progressive abolition of all penal
sanctions for breaches of contracts of employment by indigenous workers" (UP
1946: 13), to ensure that employers provided a specific type of minimum housing, diet,
medical care and to prohibit the truck system -thus implementing Art.35 of

43 For a more comprehensive legal analysis of the duties, see R.W. Rideout 1976:90 et seq.
 WORKERSANDTHELAWINUGANDA 49

recommendationNo.70 of the 1944 ILO Conference. The Ordinance also implemented

the recruiting of Indigenous Workers Convention No.50 of 1936 which regulated the
movement of recruited workers from places of engagement, and for their care and
feeding during the journey, among other things (ibid:15-16; ARLD 1944:5).

The colonial law on employment generally was, after independence, reproduced into
the Employment Act (Cap 192 Laws of Uganda) with the major exception being that
civil service employees were not protected by some of the provisions of the Act but by
regulations of the public service. The 1975 Employment Decree liberalized the law only
a little further. It repealed the Employment Act and consolidated it with the
employment of Children Act (Cap 193) and the Employment of Women Act (cap 194).

The Employment Decree 1975 came into being mainly as a result of the liberalism of
the civilian Minister of Labour then who tried to put into law some of the ILO labour
standards. Although some positive provisions of the old law were removed, other
different positive ones were included especially regarding hours of work, rest and
holidays. Further almost all the provisions relating to breach of contract by either party
were removed from the statute (Part VI ss.57-81 of the Employment Act).

The Decree provides for procedures of recruiting labour, contents of contracts of

employment, some conditions of work and those relating to women and children. We
shall here concentrate on those aspects creating rights or obligations.

First of all an employee who wishes to enter a contract of service for employment in
the schedule to the Act (e.g. mining, quarrying, pesticide work, welding and smelting,
oil extraction, ceramics manufacturing, etc) must be examined by a qualified medical
practitioner at the expense of the employer (s.15) presumably to ensure his fitness; if
unfit he must be returned to the place of engagement at the expense of the employer.
The method of recruiting workers is employed, it seems, these days only by some
plantation employers like in the sugar plantations. Otherwise it is a historical relic.

As under the common law s.16 provides that the employer must provide work in
accordance with the contract, although the common law stresses payment of wages if
the worker is ready and willing to work. A specific provision was also made, apparently
in the wake of the Economic War, the expulsion of the Asians and the emergence of
new employers. This is s.17 which provides that

a change of employer shall, not withstanding any thing to the contrary in any contract, be
deemed to have taken place whenever a person other than the original employer acquires
the whole or greater part of the property of the undertaking and continues substantially the
same operations.

A change of employer does not affect the existing contract of employment. However
for contracts of fixed terms or those requiring notice of not less than one month to
 50 CBR WORKING PAPER NUMBER 17

terminate the employee or employer may give one months' notice within one month
of being notified of such change of employer (s.17(2)).

The law requires wages to be paid in the legal tender currency of the country (s.29) or
by cheque with the employee's consent. This is meant to discourage payment in kind
(the truck system) through which workers may be cheated. In addition to wages the
employer has the discretion, depending upon the bargaining power of the union, where
it exists, and his ability to do so, to provide other forms of remuneration: food , housing
and other allowances. And it is an offence for an employer to fail to pay wages which
are due (s.62). In case the employer's property is to be attached under court order the
court cannot pay the proceeds from the property sale until any decree or award
obtained by an employee against such an employer to an amount not exceeding 4
months' wages has been paid. The employee may then recover any balance due to him
by ordinary process of law (s.36).

As far as the hours of work, rest and holidays are concerned, the maximum hours of
work per week must not exceed 48 and in industrial undertakings a maximum of 9 per
day but in other types of employment 10 hours. Employees working for more than six
hours a day are entitled to a break of at least 30 minutes. Hours of work may be extended
in emergencies but the onus proving the necessity for extension lies on the employer
(s.39). Further an employer is obliged to give an employee a weekly rest of at least 24
continuous hours (s.41) although the Minister may exempt an employer from the
provisions of this section. Under s.42 an employer must grant an employee holidays
with full pay at the rate of at least 1.5 working days for every completed month of actual
service, ie annual leave. Annual leave cannot be postponed for more than two years
(s.43). Public holidays and days of absence from work due to sickness cannot be
included in holidays with full pay. It is clearly laid down that no agreement by an
employee to relinquish his right to holidays with pay or to forego such holidays may be
made; if made it is void (s.44).

In case of illness an employee is entitled to pay for any days during whiclihe is absent
from duty up to one month. He is also entitled to any other benefit due to himself or
his family. However this is all subject to provisions in his contract of service (s.57). In
otherwords the contract can provide for a shorter or longer period. However at the
end of the second month of such illness the employer is entitled to terminate the
contract of service upon performance of all stipulations in such a contract (s.57(3)). In
the case of death of an employee the employer must give immediate notice to the
Labour Commissioner with a medical certificate or explanation of the cause of death.
The employer must hand over all due wages and property, at the place of work of the
deceased employee to the next of kin or any other person authorised by the
Commissioner (s.59).

It ought to be observed here that most of the above provisions are flouted in the
workplaces where no unions operate while where unions operate terms even more
favourable than those above are actually put in place through collective bargain-
 WORKERS AND THE LAW IN UGANDA 51

ing. For instance UTGWU collective agreements are more comprehensive and
favourable to workers than the law itself. In the current Terms and Conditions of
Service Agreement between UTGWU and UGIL dated 28th June 1990 44 the
daily hours of work are 7.5 covering 5 days a week, 90 days of paid sick leave and
further 60 days half-pay are provided for in any calender year and termination of
employment due to sickness can come only after 150 days. Annual leave amounts
to 30 days excluding public holidays. In case of death of an employee or his/her
spouse or 4 children transport for the dead body to the home of the deceased,
wrapping materials and the coffin must be provided by the employer. However
these and several other terms have not always existed between UTGWU and
UGIL. In fact some textile firms like NYTIL have even better terms for instance
regarding transport and safari allowance. The extent of workers' substantive rights
also depends on the history of workers struggles, their level of organisation and
the style of management at a particular work place.

The Employment Decree also attempts to give protection to women and children. S.45
provides that no woman may be employed in underground work for instance in a mine
except if she is a manager and does not perform manual work, if she is employed in
health or welfare services, is undergoing training or where she is working for an
undertaking where only members of the same family are employed (s.45). This
particular provision has been opposed by some women workers and unionists as
limiting women's job opportunities but NOTU failed to make a recommendation on
the matter as well as the committee reviewing all labour legislation currently. 45
However a conference of several women's organisations in August recommended not
only that restrictions be lifted but also argued for 90 days maternity leave (New Vision,
2nd Sept. 1991). At present the Decree allows only 4 weeks maternity leave and where
necessary, with medical certification, up to two months unpaid maternity leave
(ss.46-47). After two months the employer is free to give the female employee notice
of dismissal. Again the collective agreements are generally more protective of women
than the statute. The UTGWU - UGIL Agreement referred to above for instance
provides for 45 days maternity leave; and up to 120 days (maternity leave With leave of
absence) with or without pay may be given depending upon each individual case (clause
7).

As for the protection of children the Decree does not permit the employment of people
under the apparent age of 18 except under specific conditions (s.49) and no person may
employ any person under the apparent age of 16 underground except under
apprenticeship or training (s.50) and no person is allowed to employ any person under
the apparent age of 12 years except on such light work as the minister may from time
to time prescribe (s.51). A person under the apparent age of 16 may not be employed

44 UTGWU: UGIL FILE (1990- ).

45 NOTU c. 1989: 9; M.L: Minutes of the meeting of the Committee to Review Labour Legislation held
on 25, September 1989.
 52 CBR WORKING PAPER NUMBER 17

during the night except during training and in emergencies (s.52). Under S.54 no young
person (i.e one under 18 years) may be employed in any employment which is injurious
to health, dangerous or otherwise unsuitable but when such a contract is discontinued
the young person must be paid the earned wages (s.54 ). A look at collective agreements
shows that they do not deal with this issue. This is because trade unions and better
organised employers do not employ children or if they do it is for casual labour. The
exploitation of child labour must therefore be examined mainly by looking at the
informal sector or the less well organised enterprises and industries.

(iii) TERMINATION OF CONTRACT

The above terms of the contact of employment are important only during the
subsistence of the contract. However one of the most contentious areas of the law here
is the termination of this contract. We shall look at the question of termination as
provided for under the Employment Decree and under the common law. Under S.19
of the Decree the non-contentious ways of terminating the contract are: the expiration
of the term (period) for which the contract is made (this is the so called contract rather
than permanent employment) or death of the employee. But the employer must pay
the employee the wages and other remuneration due and in case of death these go to
his heirs or personal representative. The contract may also be terminated by application
of either party to court (s.22). However the last-mentioned method of termination is
very rare. Further a probationary contract or a contract for probationary period may
be terminated by either party giving the other 7 days' notice or payment of7 days' wages
in lieu of notice. 46

The first controversial mode of termination of a contract of employment is by notice.

The Decree provides for different minimum periods of notice in case of a contract of
indefinite duration. The notice may be given by the employer or the employee. The
notice is one week if the contract has lasted less than 12 months; 15 days if it has lasted
12 months but less than three years; one month if it has lasted 3 years but less that 5
years; 3 months if it has lasted at least 10 years (s.24). But instead of notice either party
may summarily terminate the contract without giving any reason subject to paying the
party money equivalent to wages for the days of the relevant notice. The right of
termination for any lawful cause or summary dismissal by the employer is preserved by
s.25 (4) which we shall consider in detail below under common law methods of
terminating the employment contract.

Attendant to termination of the contract are the rights of repatriation (ss. 26-28). Where
an employee has been brought to the place of employment by an employer or his agent
he must be repatriated at the employer' expense to his place of engagement: on the

46 And a probationary period must not exceed 6 months; but with the consent of the employee may be
extended only for a further 6 months . An employee must never be employed on probation twice by
the same employer for the same work (s.23).
 WORKERS AND THE LAW IN UGANDA 53

expiry of the contract; if the employee cannot fulfil the contract due to sickness or
accident; on termination by reason of failure of the employer to fulfil the contract due
to sickness or accident; on termination by agreement of the parties or by court order
on the application of either of the parties. Repatriation rights include repatriation of
the employee's family if it was brought to the place of employment by the employer or
his agent. The expenses of repatriation must include travelling and subsistence
expenses or rations during the journey and in the period, if any, between the date of
termination of the contract and the date of repatriation. Transport means may be public
but where unavailable the employer must provide the transport which must be of a
vehicle or vessel of good sanitary conditions, not overcrowded and where the journey
is broken for the night suitable accommodation must be provided and in case of long
journeys arrangements for medical assistance and welfare facilities must be made.

The enforcement of the provisions of the Decree is placed in the hands of the state:
the Labour Commissioner and his labour officers called "authorised officers". But the
basic constraint to the realization of most the above rights even those attendant to the
termination of the contract is that authorised officers generally do not enforce the law.
They are too thin on the ground, based at district headquarters. Although NOTU
proposed that more officers be appointed including trade unions as authorised officers
(N OTU c.1989:5), it is our view that this would be unhelpful to trade unions, i.e trying
to do state work. Some of the functions of the officers are not in favour of workers'
interests. The most realistic way to enforce the rights under the Decree is to strengthen
trade unions and include most of the statutory rights in collective agreements which
unions can more easily enforce through the industrial court or threat of industrial action
than the individual rights in the statute. In any event as with most provisions of the
Decree with respect to termination, the terms of collective agreements are superior to
the provisions of the Decree. For instance in the current UTGWU-Uganda Fishnet
Manufacturers Ltd. Agreement, although the periods of notice of termination are as
under S.24 of the Decree, additional entitlements are given especially when
termination arises as a result of lay-offs: up to three years service 20 days basic salary
per completed year of service, 3-9 years 25 days basic salary per completed year of
service and 10;,ears and above 30 days basic salary per completed year of service as
severance pay.

It is our contention that while provisions of the Decree and collective agreements are
clear as to termination of contracts of employment, the common law, which is also
applicable in cases where the statute and collective agreements are silent and in cases
of non- unionised employees outside government provides the most controversial and
anti-worker legal principles. As seen above S.25(4) of the Decree preserves the right
of summary termination of a contract of employment for "any lawful cause", indeed

47 See: An Agreement of Terms and Conditions ofSevice Between M/s Uganda Fishnet Manufacturers
Ltd. and UTGWU.
 54 CBR WORKING PAPER NUMBER 17

such other "lawful causes" are provided for under the common law. The common law
covers those areas not covered by the written individual contract of employment, the
Employment Decree and collective agreements. There are two types of terminating the
employment contract which are usually deployed by employers, namely: lawful
dismissal and unlawful dismissal.

Lawful dismissal occurs when the employee has broken a term in his contract,
expressed or implied, justifying summary dismissal. Here he would be lawfully
dismissed. Such terms may be in the written contract of employment or implied terms
under the common law. A breach of contract is fundamental if it deprives the innocent
party of substantially the whole benefit of the contract that entitles him to treat the
contract as ended. Usually it is the employer who summarily dismisses the employee.
In Uganda apart from summary dismissal at common law Disciplinary Codes between
the union and the employer provide grounds for summary dismissal of the employee.
Cases of theft, embezzlement or bribery attract instant dismissal. Otherwise most
so-called offences by employees are preceded by warnings and suspensions before
dismissal. The common ones are: lateness, absenteeism, leaving the factory without
permission, fighting in the factory, failure to carry out lawful orders, reporting on duty
while intoxicated, careless damage to company property, smoking in no smoking areas
and sleeping while on duty48 • The interesting aspect of the disciplinary codes is that
they re-introduce some of the penal sanctions removed from the employment statutes
which were in vogue during most of the colonial period, especially under the Masters
and Servants Ordinance. Where an employee has been lawfully dismissed most codes
provide that he loses all terminal benefits or if the collective agreements and
disciplinary codes do not apply to him then he will be paid in accordance with his
individual contract. However if both are silent the common law position takes effect
namely that if he has been properly dismissed for misconduct he may lose his wages
and entitlements unless the sum involved is unconscionable on him (the employee).

The most common cases in Uganda however are those of wrongful or unlawful
dismissal. At common law, which is still the position in Uganda today, the power and
right of the employer to dismiss, i.e to hire and fire is unlimited. The employer's only
obligation following wrongful dismissal is to pay damages which usually don't amount
to much and do not cover any sum for the worker's injured feelings or any specially
outrageous circumstances. The law here is indeed still very primitive compared to that
of other countries. Although some collective agreements go beyond the common law
and provide that where an employee is found to have been unfairly or wrongly dismissed
(usually by the Industrial Court) he should be reinstated, this provision is itself usually
flouted. The position of both the Industrial Court and the ordinary Courts in this matter
was clearly stated in ATGWU vs. Messrs U.T.C. Ltd (I.C.C.l9/1971) where the

48 See Disciplinary Code for employees of MIS UGIL made between UTGWU and UGIL dated 17th
March (still operational) and Disciplinary Code Agreement between MIS UFM ltd. and UTGWU
dated 29th Febuary 1984. UTGWU: UGIL File and UFM Ltd. File No. 13 (1974-1990).
 WORKERSANDTHELAWINUGANDA 55

respondent (UTC) was found to have wrongfully dismissed two employees. On

remedies the Court observed:

As regards reinstatement, this Court has stated time and again that it cannot order
reinstatement of any employee of any company even if he may be wrongfully dismissed. The
only alternative remedy in such circumstances is to order payment of compensation.

In another case of A.M. JABI vs. MBALE MUNICIPAL COUNCIL 49, where the
Council dismissed Jabi on some allegation of misconduct several principles were laid
down by Ssekandi,J. with regard to dismissals:

1. The council was under no duty to give reasons for dismissing the plaintiff. It was
sufficient if the council thought that the plaintiff was guilty of gross misbehaviour
amounting to misconduct.

2. It was generally accepted that a dismissal was wrongful if it was made without
justifiable cause and without reasonable notice. The purpose of the rule is to
give an employee opportunity to find alternative employment.

3. Whilst it was the inalienable right of the employer to dismiss his employee, once
a contract of service existed between them he was bound to observe its
provisions.

4. It was a fundamental requirement of natural justice that a person properly

employed was entitled to a fair hearing before being dismissed on charges
involving breach of disciplinary regulations or misconduct. Where this was not
done it could be properly said that the dismissal was wrongful.

5. Where the dismissal was wrongful by whatever reason, the appropriate repara-
tion for such dismissal was compensation and not reinstatement on the job for
an employer has a unfettered right to dispense with the services ofhj.s employee.

At the end of the day therefore however fair a hearing an employee may get or whatever
notice he may be given the fact remains that he can be dispensed with at the pleasure
of the employer. Although trade unions have always demanded the right to
reinstatement in case of wrongful dismissal (See J-J.B.Barya i990: 256) it is surprising
thatthis issue was not raised by NOTU in its proposalfor labour law reform (See NOTU
C. 1989). This may be because the view of labour law that NOTU and the Labour Laws
Review Committee have taken means just legislation and have generally forgotten the
common law which has several archaic and anti-worker legal principles, developed in
the era of competitive capitalism in Britain to protect the development of capitalism.
Although in the 1980s the biggest source of loss of employment may have been under

49 (1975) HCB 191.

 56 CBR WORKING PAPER NUMBER 17

the Structural Adjustment Programmes (SAPs), it is still important to stress the need
for legal protection of the right to employment. This is because, for instance, because
the civil servants are legally protected in their tenure of employment, the retrenchment
exercise in the public service has had to take the law into account and has therefore
been slow and checked. The need to legally protect the employee in his contract of
employment therefore cannot be over emphasised.

Having looked at the contract of employment it is necessary also to consider those

conditions of labour which are not necessarily part of the contract of employment but
which affect the life of the worker. Those are the so-called legal regulations of
conditions of labour which we now treat.

B. CONDITIONS OF LABOUR. .

The most important legal provisions regulating conditions of labour outside those of
the contract of employment are laid down by the common law, the Factories Act,
the Workmen's Compensation Act and to some extent, as we saw, the Employment
Decree. Under the common law the duty of the employer to provide a safe place and
system of work is recognised while the above mentioned legislation deal with safety,
hours of work, health and welfare.

At common law a master is liable for his personal acts and omissions together with
breach of his primary duties to supply a safe system of work, proper appliances and
efficient personnel. The duty of the employer to take reasonable care to protect the
safety of the employee is qualified only by requirements that the dangers should be
reasonably foreseeable. This demarcates the scope of the duty and liability resulting
from the breach of that duty. In the case of JUMA ASILE vs NYTIL,50 an accident had
occurred involving J. Asile, a Laboratory Assistant who was mixing sulphuric acid and
using new containers for purposes of some industrial process. In the J>rocess the
container collapsed, the mixture of the acid poured on the floor and his boots and as
he tried to avoid it he fell into it and was later hospitalized for two 2 months. At the
time of the accident he was in fact wearing protective clothing provided by the company:
gumboots, an over coat, goggles and rubber gloves. The total body surface burnt was
35% and permanent disability was assessed at 20%. The judge in deciding the case laid
down some guiding principles on the employer's duty and liability, namely:

1. That at common law an employer owes a duty of care to his employee to maintain safe premises, a
safe system of work, safe appliances, implement and plant. The duty consists of the employer taking
reasonable precautions for the workmen's safety.

so {1975) HCB 292.

 WORKERSANDTHELAWINUGANDA 57

2. The providing of proper plant and appliances as distinguished from its subsequent care is especially
within the province of the master than of his servants. However, if the master does not warrant the
plant and if there is a latent defect which could not be detected on reasonable examination, or if, in
the course of working the plant becomes defective and the defect could not, by reasonable diligence,
have been discovered by him, the master is not liable.

1
In the case of A.SEBAGALA vs. A-G OF UGANDA, 5 an employee in the Lands and
Surveys Department while surveying land was bitten by a snake and subsequently
suffered from ankylosis of the toes and stiffness in the left ankle joint. He brought a
suit against the Attorney- General to recover damages. He lost the case because, the
judge argued that the obligation of the employer at common law to take reasonable
care of his servants' safety is not absolute but is limited to what a reasonable employer
could have anticipated. The duty of the employer is a significant right of the employees
but like most of the common law rights, these are generally unknown even by trade
unionists. The unionists tend to focus on provisions of the collective agreement they
have negotiated. However if workers and unionists are aware of the provisions of the
Factories Act this would provide similar if not more comprehensive protection.
However these apply only to factories, while the common law provisions apply to any
workplace including those of government.

Apart from the obligation to provide a safe place and system of work an employer at
common law is vicariously liable for the torts of his employee committed in the course
of employment otherwise a master is not responsible for the wrongful act of his servant
unless it is done in the course of his employment. And it is deemed to be so done if it
is either: (a) a wrongful act authorised by the master or (b) a wrongful and unauthorised
mode of doing some act authorised by the master (See R.W.Rideout 1976: Cap 14).

Outside the common law the main statutory regulation for conditions of labour are
found in the Factories Act (Cap 198) and the Workmen's Compensation Act (Cap 197).
The Employment Decree also makes provision especially on sickness and disease. The
Employment Regulations (S.I. 41/1977) require every employer to tak~ reasonable
steps to provide for the medical care of the sick and injured employees and no
deductions are allowed from wages of an employee for medicine, medical attention or
hospital treatment provided to him/her (Regulation 34 ). Employers with employees
above 40 but below 50 are required to have specific medical facilities on the premises
whereas those with less than 40 are also required to provide first aid facilities and
specific drugs and equipment (Regulation 35)

It should be clearly understood that the most important legislation on workers health,
safety and welfare at the workplace is the Factories Act. The Act was passed in 1952 as
the Factories Ordinance (No. 5/1952) and was part and parcel of the post World War
II industrialisation policy of the colonial government. It was enacted, as per its long title

51 (1977) HCB 332.

 58 CBR WORKING PAPER NUMBER 17

"to make provision for the health, safety and welfare of persons employed in factories
and other places". The statute was founded on the 1937 Factories Act of the U.K but
modified to make it applicable to East African conditions. It was meant to change the
position of the scanty 1919 Factories Ordinance "where there (were) virtually no
statutory obligations on the factory occupier, and (where) almost everything (was) left
to the whim of the Factory Inspector" (UP 1951: 19). The Ordinance was generally
opposed by the unofficial members of Legco, but was nonetheless passed later in 1952
(UP 1952 (a): 54). The Act, since independence has had only minor amendments. It
applies to all factories whether owned privately or by government (SS.2&3). The
enforcement of the Act essentially lies in the hands of the state rather than the courts
and is based on a sytem of registration of factories under the general supervision of the
Chief Inspector of Factories (Ss.7 & 68).

As far as health is concerned every factory is required to be kept in a clean state free
from effluvia arising from any drain, sanitary convenience or other nuisance (S.13),
must not be overcrowded (s.14), must be properly ventilated (S.l5) with sufficient and
available lighting (S.l6) where persons work or pass and sufficient and suitable sanitary
conveniences must be provided (S. 18).

Safety provisions require that flywheels connected to prime movers and moving parts
of prime movers be securely fenced, as well as water wheels, turbines and electric
generators, motors and rotary converters so as to be safe to every person employed or
working on the premises (SS.19-21). Every part of transmission machinery and every
dangerous part of any other machinery must be securely fenced (SS.22 & 23) and the
fencing must be of substantial construction and constantly maintained (S.25). Vessels
and structures containing dangerous liquids must be securely covered or fenced (S.27)
while warning notices are required to be marked and attached to vessels or structure
containing the dangerous liquids and in a form (language-JB) readily understood by
the employees (S.27(2)). Persons operating dangerous machines must be properly
trained or supervised (S.29). Further hoists and lifts are required to be of good
mechanical construction, adequate strength and must be properly mainihlned (S.30),
the same applies to lifting gear (S.31). S.34 requires safe means of access and a safe
place of employment including steps, stairs, passages, and gangways. Where work is
done in any chamber, tank, vat or other confined place where dangerous fumes are
likely to be present there must be adequate means of egress, suitable breathing
apparatus, reviving apparatus, belts and ropes which are readily accessible for use and
there must be enough personnel trained to use the apparatus and to restore respiration
(S.35). S.36 requires precautions to be taken with regard to explosive and inflammable
dust, gas, vapour or other substance. Sections 37-41 provide that steam boilers, steam
receivers and containers, air receivers and gas plants must be of good construction,
sound material, adequate strength, free from patent defect and must be properly
maintained. Provisions for the prevention of fire and the extinguishing of fire if it occurs
are also made (S.42) and all stocks of highly inflammable substances must be kept
outside occupied buildings or in a fire-resisting store, and every factory must have
adequate means of escape in case of fire (S.43).
 WORKERS AND THE LAW IN UGANDA 59

Some of the requirements of the Factories Act have been specifically endorsed by and
applied in the Courts. For instance in CHARLES ODONGO & 2 OTHERS vs.
UGANDA SUGAR FACTORY,52 where the employees sued the employer for general
damages for injuries sustained when a store containing spirit caught fire, exploded and
burnt them, Justice Manyindo held that to keep an inflammable substance in the place
of work was gross negligence on the part of the employer which offended against S.42
of the Factories Act which provides for the storage of inflammable substances on
factory premises in a separate and safe store. The employees were therefore entitled
to damages. In JUMA ERASIMUS vs STEEL CORPORATION OF E. AFRICA, 53 the
requirement under the Factories Act to fence a pit with dangerous liquid, into which
an employee had fallen, was also endorsed entitling the employee to damages.

The Factories Act also makes some general provisions for the health, safety and welfare
of workers including: the supply of adequate wholesome drinking water (S.47) washing
facilities (S.48) and a first aid box or boxes (S.50), provision of protection against
employees inhaling dangerous dust or fumes, prohibition of taking meals in dangerous
or poisonous places (SS.51 & 52). More specifically requirement for protective clothing
and appliances in relevant places is made such as: gloves, footwear, goggles, head
coverings and eye protection screens (S.54 ). Finally provision is also made for the
application of the Act or parts of it to docks,wharves and quays (S.58) or premises where
steam boilers, hoists, lifts or gas plants are used although they may not be factories
(S.59).

Apart from the obligations of the factory occupier the employees are also required not
to misuse or interfere with any means, appliance or convenience meant for the health,
safety and welfare of employees in the factory (SS. 64 & 65).

Although courts have generally endorsed and applied the provisions of the Act, the
problems regarding its enforcement are mainly found in the inadequacy of the state
machinery,the weakness of the union and lack of education of employees themselves
about their rights in the factory. As NOTU has pointed out the Labour Commissioner
and Inspectors of Factories who are supposed to enforce the Act are "too few and some
of them are corrupt". At times the whole inspectorate is bogged down by transport and
other logistical problems for instance lack of relevant equipment (NOTU c.1989: 51).
In addition some of the requirements under the Act need importation of materials and
equipment which depends upon the availability of foreign exchange given the
dependent nature of most of our industries. Those problems in the enforcement of
rights under the Act may be exemplified by the situation at NYTIL, Jinja. Sometime in
October 1989 the G .S ofUTGWU wrote to the Deputy Minister of Labour complaining
about the high level of negligence in maintaining health and safety at NYTIL by
management. Subsequently three officers from the Occupational Health and Hygiene

52 (1978) HCB 94.

53 (1975) HCB 18.
 60 CBR WORKING PAPER NUMBER 17

Department, Ministry of Labour toured the factory and concluded that most of the
provisions of the Factories Act were being fulfilled except a few. 54 In protest at this
white-wash the union further complained and the Deputy Chief of the Occupational
Health and Hygiene Department made another inspection of the factory in March 1990
and made opposite conclusions, namely that most of the requirements of the Factories
Act were not beinf. followed nor had the few recommendations of the earlier report
been acted upon. 5 The main explanation for this discrepancy was that the former team
had only talked to management and were compromised to write a favourable report
while the latter did not talk to management but simply toured the factory. 56 Further
while the author was touring NYTIL factory between 26th June and 1st July 1991 we
discovered that most workers are aware of the requirements to wear protective clothing
but most of them, even where provided, do not wear them. The problem here as pointed
out by the NYTIL UTGWU union branch officials57 and the NYI1L Executive
Director (Administration) 58 workers don't wear the protective clothing, at least not
all the time, because they are not aware of the long term injury to health; some even
sell protective clothing or equipment to get cash. They are more concerned with
meeting the immediate financial needs than long term health. The explanation
therefore seems to lie both in lack of proper education and objective economic
imperatives. It should be pointed out however that under the NOTU Second Five Years
Workers Education Plan 1988-1992 national union leaders are being trained in health
and safety laws, ILO standards and the socio- economic framework in which industries
operate (NOTU C.1988: 16-17). The reason why this seems to be happening- an
advance on the hitherto merely technical trade union education- is that NOTU and its
affiliates have began making contact with the wider society. In formulating their new 5
Year Education Plan for instance they involved the Department of Political Science
and the Centre for Continuing Education, Makerere University(ibid: 2) and included
in their educational aim the point that "NOTU and its affiliates should broaden their
areas of operation and cooperation and try to reach the peasantry, teachers, nurses,
civil servants, intellectuals and those social institutions that are concerned with
development" (ibid:9).

The final legislation dealing with labour conditions is the Workmens' Compensation
Act (cap 197) as amended by Act 5 of 1969. The first Workmens' Compensation
Ordinance (No. 14/1946) was enacted as a result of the 1945 General Strike, together
with the Employment Ordinance. This is because although a Workmens'
Compensation Model Ordinance (East and West Africa) prepared by the Colonial
Office had existed since 1937 (ARLD 1945:8) due to employers' objections it had been
shelved indefinitely in the whole of East Africa (ARIL 1939:2). So in an attempt to

54 D.N. Mfitumukiza , Occupational Hygienist: Report on current health and hygiene state at NYfiL
Jinja, 9.11. 1989 in UTGWU: NYTIL FILE.
55 Dr. Ogaram, DA to the Manager, NYTIL 28, March 1990 in ibid.
56 Information from G.S of UTGWU and UTGWU Branch Officials at NYTIL, June 1991.
57 Interview with Branch Officials 26th June 1991.
58 Interview with Kahigi 5th July 1991.
 WORKERSANDTHELAWINUGANDA 61

redress the grievances of labour expressed in the 1945 General Strike the Workmens'
Compensation Ordinance was one of the measures adopted (J.J.B.Barya 1990:49-50).
The Act makes provision for "compensation to workmen for injuries suffered in the
course of their employment" (Long title). Under the Act a workman is any person who
has entered into or works under a contract of service or apprenticeship with an
employer whether by way of manual labour or otherwise, whether the contract is
express or implied, oral or in writing and whether remuneration is calculated by time
or work done (S.2). However some workers are excluded from the definition of
workman and cannot therefore enjoy the rights under the Act. Those include: a person
who is not a manual worker earning over 16,800/ = a year (1964 figures), a casual
employee, an outworker, a tributer and a member of the employers' family dwelling in
the employers' house (S.2(1)proviso ). Even an illegal contract of service may be
enforced by court only for purposes of granting an injured workman compensation
under the Act (S.2(2)). The Act also applies to both government and private industry
employees (S.4)).

S.5 provides that if in any employment personal injury by accident arising out of and in
the course of the employment is caused to a workman, his employer is liable to pay
compensation in accordance with the Act. But an employer is not liable to pay
compensation if the injury: does not result in permanent or permanent partial
incapacity; does not incapacitate the workman for at least 3 consecutive days from
earning full wages for his work; is due to the serious and willful misconduct of the
workman or if the injury or death resulted from deliberate self-injury.

In fatal cases, where the workman leaves dependants the amount of compensation
payable to them is 41 months earnings or Shs 29,000/ = whichever is less, only if
dependants are wholly dependant on the workman; if they are not wholly dependant
on him court determines "reasonable compensation". If there are no dependants only
"reasonable burial expenses" not exceeding Shs 500/ = are payable by the employer
(S.6).

Where there is permanent total incapacity resulting from injury the amount of
compensation must be 54 months earnings but not below shs.250/ = and not exceeding
shs. 38,000/ =. Additional payment not exceeding half the amount payable here may
be made where the injured workman must have constant help of another person (S.7).
S.8 provides for the levels of compensation for different types of injuries but cannot
exceed the shs.38,000/ = limit.

Under S.13 no claim for compensation may be entertained after 3 years from the date
of the accident, otherwise the ordinary time allowed is within six months of the accident.
S.14 obliges an employer to report every accident causing injury to an employee which
entitles him to compensation. Failure to report accident is an offence.

S.15 provides for the medical examination and treatment of the injured worker at the
employers' expense and assessment of the disability by a Medical Practitioner. If there
 62 CBR WORKING PAPER NUMBER 17

is a dispute on the assessment the worker or employer may apply to the Labour
Commissioner to refer the matter to the Medical Arbitration Board.

S.16 provides that the employer and the worker may, with the approval of the Labour
Commissioner, agree in writing as to the compensation to be paid by the employer. But
the compensation must not be less than the amount payable under the Act. And under
s.25 where injury is caused by the personal negligence or willful act of the employer or
his agent/representative, the worker is allowed to bring proceedings to recover damages
in a civil court irrespective of the Act. But if this is done a judgment made bars any
subsequent proceedings in respect of the same injury; an agreement between the
employer and the workman under s.16(1) is also a bar to proceedings by the workman
in respect of the same injury independently of the Act; and where compensation has
been paid without being claimed, the court in any proceedings for the recovery of
damages for the same injury, must take into account the amount of such compensation.
This last provision was em~hasized and applied in the case of VINCENT IGA vs.
AGIP(U) LTD.& OTHERS. 9 where it was held that an injured workman can institute
a civil action in tort to recover damages for injuries in respect of which he had received
reparation under the Workmens' Compensation Act. But if he does so he can only
receive, from the court award, the difference between the court award and the award
under the Act. On the other hand the case of JOSEPH KIGANDA vs. THE COOPER
MOTORS(U) LTD.60 emphasised the point that once an agreement for compensation
under s.l6(1) of the Act has been reached and implemented it is a complete bar to
proceedings independent of the Act and compensation under such agreement is in full
and final discharge of the employer's liability.

S.30 prohibits any worker from making an agreement relinquishing his right to
compensation from an employer for any injury arising out of and in the course of his
employment; and under s.31 compensation payable under the provisions of the Act
cannot be assigned, charged or attached nor can it pass to any other person by operation
of law nor can any claim be set off against such compensation.

The medical, surgical, dental and hospital treatment must be paid for by the employer
if incurred as a result of an accident which would entitle the workman to compensation
(s.31). Finally, some occupational diseases are put in a schedule to the Act and where
these cause disablement or death and when contracted due to the workman's
employment 24 months before his death the workman or his dependants , if deceased,
are entitled to compensation under the Act (s.35). In the case of scheduled diseases
where compensation is sought by an employee who has worked for several employers
and it is not possible to determine liability each employer must contribute such sums
as the Labour Commissioner may determine (s.35(3)). And if the workman who
becomes disabled or dies of any disease in Schedule 3 of the Act within 24 months

59 (1975) HCB 15.

60 (1977) HCB 15.
 WORKERSANDTHELAWINUGANDA 63

immediately preceding the disablement or death was employed in any occupation

mentioned in the schedule opposite such disease, it is presumed, until the contrary is
proved, that the disease was due to the nature of such employment.

The problem with the Act, although its basic principle of compensation is positive, is
that it "unduly restricts the liability of employers to the detriment ofwor.kmen"(NOTU
c.1989: 57). First of all the majority of workers are not covered by the Act due to the
limited definition attached to the meaning of "workman" for purposes of the Act; the
monetary restriction of the definition putting the ceiling of eligible non-manual workers
at annual earnings of shs.16800/ = made in 1962 is ridiculous. Again the maximum
amounts payable for compensation whether for injury or death are a mere pittance. In
case a deceased employee has no dependants only funeral expenses not exceeding
shs.SOO are payable! And on the question of occupational diseases these appear not
only to be limited but the time limit during which the worker ought to have contracted
the disease if he is to recover, namely 24 months, is too arbitrary. Some occupational
diseases take much longer before manifesting themselves. It would appear that most
of the recommendations of NOTU on amendments necessary to the Act to better
protect workers have been accepted and put as recommendations by the Committee
to Review Labour Legislation which are yet to be tabled before parliament. The
Committee accepted the ILO Expert's definition of eligible "worker" (and no longer
"workman") so that compensation should be available to all workers except the Armed
Forces.61 The Committee was also generally in favour of removing ceilings for the
amount of compensation payable although the maximum of 60 months was suggested
and the need for employers to insure against injury or death envisaged under the Act
was also emphasised. 62 The latter view was expressed also by the S.G of UTGWU
because, he argued, collective agreements are difficult to reach on this matter as
employers will always bolster their case with existing law. 63 Although the technical
Committee may have made positive proposals to amend the law workers need to
present their case to various interests in the NRC which may be sympathetic to their
cause before the actual debating of the proposed ammendments.This is so because
employer interests in the legislature would definitely be averse to the expansion of
employers' obligations in this particular respect.

C. THE SOCIAL SECURITY FUND

Uganda being essentially a peasant economy the provision of social security generally
is still essentially a preserve of the family and may be the clan. The protection of

61 M.L: Minutes of the Meeting of the Committee to Review Labour Legislation Held on 6 November
at the NSSF, Min 88/11/89.
62 See M.L: Minutes of the Meeting of the Committee ... l7 November 1989 at NSSF Min.98/ll/89; and
of 27 November 1989, Min.l02/11/89.
63 Interview with P.Amandrua, S.G of UTGWU, 14 June 1991.
 64 CBR WORKING PAPER NUMBER 17

workers after retirement, if any, is covered legally only for a few in form of pensions in
the public service and the National Social Security Fund in case of the private sector.
But in reality especially since the mid-1970s due to inflation these schemes have
generally not amounted to any post-employment security. The current law regulating
the private sector social security scheme is the National Social Security Fund Act
(No.5/1985) which repealed the Social Security Act (No.Zl/1967) the main difference
between the two being that the latter was a department under the Ministry of Labour
while the former is an independent corporation, a distinct legal entity.

An eligible employee under the Act is an employee declared by the Minister to be

eligible and any farmer or artisan who is a member of a cooperative society and between
the ages of 16 and 55. The eligible employees as of now are all those in employment of
employers with 5 or more employees and all employers with 5 or more employees are
specified, pursuant to s.6, as persons who must register as contributing employers. 64

Under s.lO every contributing employer must for every month during which he pays
wages to an eligible employee pay to the Fund, within 15 days following the last day of
the month for which the relevant wages are paid, a standard contribution of 15%
calculated on the total wages paid during that month to that employee. Under s.ll the
employer is allowed to deduct, if he wishes, from the monthly wage payment of his
employee's share of a standard contribution of 5% calculated on the total wages paid
during that month to that employee. Section 11(7) provides that where minimum wages
are provided for the take-home pay of the employee must not fall below the statutory
minimum after deduction of the employee's share of the standard contribution.

Under s.12 provision is made for employers to pay into the Reserve Account of the
Fund special contribution of 10% of the total wages payable to the following types of
workers: a non-resident employee who is not an eligible employee, an employee of or
above 55 years to whom the Minister has applied this section or an eligible employee.
65
Delay in paying the standard contribution attracts a penalty of an additionallO% of
the contribution. The penalty is applicable on or after the 16th day of the month
following the one on which he defaults. S.16 allows the Treasury to make payments to
the Fund in respect of those government employees specified by the Minister of Public
Service who are under 55 years of age. S.14 also allows the Managing Director of the
Fund to exempt any employer who applies to him from payment of the standard or
special contribution, so long as that employer can be covered by schedule 2 of the Act,
and the employees are persons not ordinarily resident in Uganda but with social security
entitlements/benefits comparable to those of the Fund or approved by the Minister.

64 S.l. 5/1986, The National Social Security (Registration of Employers and Employees) Order.
65 It would appear that in the case of eligible employees this would be additional to the standard
contribution.
 WORKERSANDTHELAWINUGANDA 65

Finally the Act provides under s.18 that the benefits from the Fund for the members
are: age benefit, withdrawal benefit, invalidity benefit, emigration benefit and
survivors' benefit. Detailed explanations of each are in the Act. If a member of the Fund
qualifies for more than one benefit he must be paid only one which is most
advantageous. The amounts of the benefits are "the balance of the member's account
in the Fund at the date of payment" (s.18(3)).

The concept of social security is positive and is endorsed by most workers and trade
unionists. The major complaints about it as it stands today are that the wage base which
is used for contributions is so low that the contributions do not amount to much;
secondly, and what makes the situation worse is that the inflationary situation since the
mid-1970s plus the 1987 currency reform rendered all savings under the old scheme
and the new Fund generally meaningless and, thirdly, a further complaint is that Fund
money has been lent to bodies like ATM, Mbale, the UPC Uganda House, etc but
workers never get any interest on their money lent. 66 The solution to the problem of
social security for workers after retirement or lay-off seems to lie with wider
socio-economic changes rather than in the Fund itself. However the Fund could devise
short-term measures aimed at maintaining the value of the workers' savings.

Some general observations may be made about the law regulating conditions of labour
from the contract of employment up to the Social Security Fund. The making of most
of these laws though prompted by workers' struggles and demands before and after
independence was generally determined and controlled by the state. Although many
positive provisions are embedded in the various statutes and to some extent the
common law workers have generally not taken advantage of them because they are
ignorant about them. But in places where unions exist and operate the rights achieved
under collective bargaining seem most of the time, to be superior to those embedded
in the law. However because unions have generally confined themselves to collective
bargaining many of these laws have remained unreformed since independence. This is
because unions have, as unions, generally distanced themselves from wider social and
political struggles through which they would agitate for positive law refbrm. Indeed
even the current labour laws review exercise is taking place mainly due to NRM
encouragement rather than trade union demands and insistence upon the same.

Although most of these rights are expressed as individual rights they can only or mainly
be realised collectively. To enforce the rights individually would usually entail going to
the ordinary courts which are generally inaccessible to the ordinary worker. Most of
the rights are concretely enjoyed when they are embedded in collective agreements or
when they are adjudicated upon by the Industrial Court after a dispute has been
presented by a union.

66 Interview with P Amandrua, supra, 14th June 1991.

 66 CBR WORKING PAPER NUMBER 17

Finally the law does not operate in a vacuum but in an ideological, political and
economic context. While the laws restricting workers' rights are always vehemently
invoked especially in trade disputes, the laws creating positive rights for workers are
weakly, if at all, enforced by the state. The vehemency with which workers are told not
to indulge in illegal strikes is nowhere to be seen as far as employers' obligations under
the Factories Act or the Employment Decree are concerned, for instance. The ideology
of the rule of law seems to be applied selectively and mainly against workers. Besides,
it is the political economy of the country that generally determines the extent to which
labour will be properly remunerated and the conditions under which work takes place.
An underdeveloped peripheral capitalist economy, dependant on foreign capital and
technology and industrial inputs creates a precarious working environment for workers.
The positive provisions of the law may therefore simply be negated by
politico-economic imperatives.

SECTION FOUR

CONCLUSION

(i) GENERAL OBSERVATIONS

we started from the premise that historically workers' education in Uganda has
generally been technocratic, apolitical and later tripartite. This conception of
education has also been reflected in the way labour laws have been taught within the
trade union movement. It should be observed however that under NOTU's Second Five
Years Workers' Education Plan 1988-1992 there has been an attempt to move away
from that type of education to a more holistic one which takes into account the
socio-historical, economic and political ramifications of workers' education and there-
fore their place in society. However the effects of such education are yet to be seen in
the character and performance of the unions.

Our own characterisation oflabour laws as they exist today is that while there have been
a lot of struggles around the laws giving organisational rights there have been almost
no struggles around the laws giving rights concerning conditions of labour. This in our
view is because the former laws are more critical since the better organised and
stronger the workers' movement is the easier it is for workers to struggle for
substantive rights. State instrumentalist use of law has thus been mainly in the areas of
restricting or controlling the organisation of trade unions and trade disputes especially
strikes. It is equally in this area especially of trade disputes that the ideological aspect
of law is highlighted by the state which invokes the sanctity of law, an approach that
underlies natural law theory/thinking, to legitimate its labour policies embedded in
these specific laws. Occasionally the state has only opportunistically tried to enforce
the provisions requiring democratic procedures in union organisation not because of
 WORKERS AND THE LAW IN UGANDA 67

its interest in that democracy but as a means to serve state interests at a specific
conjuncture as during the Obote-11 regime.

There are three important conclusions that may be made regarding the laws regulating
conditions of labour. First of all most of them were placed on the statute books not
because they were specifically demanded by a well-organised strong workers'
movement but mainly as a measure by the colonial state to stem emerging working class
militancy after World War II and after the General Strike of 1945 in particular. In that
strike workers' demands had definitely been narrower than the provisions made in the
Employment Ordinance and the Workmens' Compensation Ordinance 1946 and later
the Factories Ordinance of 1952. The colonial state took a long term view of regulating
workers' conditions using British experience of worker agitation and militancy in other
colonies. Secondly, it is indeed precisely because of the weakness of workers that inspite
of the existence of many rights under the statutes regulating employment, factory
conditions and workmens' compensation most workers have never enjoyed these rights.
Yet in places where workers are organised in trade unions often their rights in these
areas, embedded in collective agreements, are even superior to those in the statutes.
There is no doubt therefore that collective labour organisation is the sure guarantor of
the individual worker's rights. And, thirdly , this is the more reason why rights of
organisation in the Constitution, the trade unions and public service legislation must
be extended to most workers before improvements in their living conditions are even
dreamt of. Workers without organisational rights would be and are dependant on the
benevolence of the state or the employer.

Again as far as organisational rights are concerned apart from the need to fight state
intervention both legal and illegal, it is imperative to examine the internal organisation
of the unions themselves. Their constitutional structures as in the URWU can be a
source of the negation of democracy while incessant leadership struggles fueled either
by local political interests outside the working class or by foreign trade union
organisations equally ensure no leadership accountability to the rank and file. Although
it would be dangerous for unions to have legislation determining their lnternational
affiliation the state could easily come to this position unless the unions themselves clean
up their house. In this regard the faction in the trade union movement which believes
in national trade union independence as against that which believes in affiliation to and
alliance with the western unions will have to constantly engage in this ideological battle
until a clear victory is achieved. As far as union constitutions are concerned it may be
advisable for NOTU to take the lead and draw up basic principles that should be
incorporated in union constitutions to ensure that union leaderships do not manipulate
the constitution against rank and file interests.

Further still it is clear from our assessment of the law that workers and trade unionists
are generally unaware of common law principles that govern the contract of
employment and conditions of labour. It is important that this law , by legislation,
should be changed especially in the areas of implied terms of the contract and the
employers' unfettered right to dismiss. The question of the right to reinstatement if an
 68 CBR WORKING PAPER NUMBER 17

employee is wrongfully dismissed must be specifically addressed. The principles of

vicarious liability and the employees' right to a healthy, safe system and place of work
need to be learnt in addition to those in the Factories Act, because these are positive
rights achieved by 19th century workers in Britain which are applicable here by virtue
of the applicability of the common law in Uganda.

Besides the above, workers and trade unionists must be able to clearly relate legal
rights and the character of both the economy and the state. Uganda's economy is a
peripheral dependant capitalist economy whose dynamics are determined, as of now,
mainly by decisions and events in the major capitalist economies to which our industries
and the economy are tied by technology, industrial inputs and markets, apart from our
overwhelming reliance on so-called foreign aid whether bilateral or multilateral. Here
the need for a long term struggle to create an independent and probably regionally
integrated economy must be emphasised; otherwise the chronic crises in the industries,
with attendant IMF-World Bank conditionalities with their known effects on
employment and workers' conditions of work will continue. As far as the state is
concerned it is clear that law is generally made and enforced by the same state. But this
depends upon the interplay of the social forces and classes within and around the state.
Historically in Uganda, workers have however been able to take advantage of
weaknesses in the state to achieve some rights as happened with the restoration of union
autonomy under Amin between 1971-1974 or with the official and legal trade union's
maintenance of its autonomy inspite of serious attack by the Obote II regime. However
the workers and unions need to go beyond taking advantage of state weaknesses to
creating positive strength by making concrete alliances with sympathetic social and
political forces in the country. Otherwise when their rights are seriously challenged they
may not be able to defend them or when rights are demanded, as under the on-going
labour laws review exercise, there may not be a sufficiently strong social base to ensure
that they are legislated for.

(ii) REFORMING THE LAW: THE MEDIUM TERM

)

Although reform of the law itself is not enough to ensure a radical change in workers'
quality of life, in the medium term, concrete legal rights can provide a basis for further
struggles for fundamental change. In this connection, in light of our discussions in this
paper, trade unions and workers should strive to effect the following reforms in the law:

A. Organisational Rights

In our view organisational rights are crucial both in terms of struggling for and creating
rights as well as ensuring that existing rights are actually concretely realised. Therefore:

1. There is need to remove all the constitutional restrictions on labour's right to

organise under Art.18 of the 1967 Constitution. Only the simple and clear
positive right to organise should remain.
 WORKERSANDTHELAWINUGANDA 69

In connection with this the restrictions against civil servants' and Bank of
Uganda workers' rights to organise under the Public Service (Negotiating
Machinery) Act and the Trade Union Decree respectively should be removed.

2. The right to form a trade union should not be artificially restricted. Since 1976
by administrative fiat, to some extent, only 15 trade unions are registered and
legally exist in Uganda. There is no need for this. Further the requirement for
a minimum of 1000 members for a union to be registered or recognised by
government should be removed.

3. For compulsory recognition of a union there is need to change from the 51%
membership to something between 20-30%. This is important because many
employers do refuse to recognise unions and unions should receive some
support from the law.

4. The decision of ATGWU vs. THE OIL INDUSTRY JOINT INDUSTRIAL

COUNCIL (supra) should be followed and probably reflected in legislation as
far as the question who, in the private sector, can join a trade union is concerned.

5. For existing unions state control in the following provisions should be repealed:

(i) compulsory registration; some further benefits should be provided to

registered unions but those which do not wish to register could be allowed so
long as they operate within the law.

(ii) all grounds for refusal of registration be removed unless the organisation is
not really a union.

(iii) cancellation of registration should be done only if members request it or

the union is involved in blatant illegalities; crimes of individual officers should
not be used against a union -the individuals should be punished as individuals.

(iv) rights of inspection and investigation by government should be removed

and only judicial organs like the High Court or the Industrial Court should have
such powers following union members' complaints or complaints/charges by the
state.

6. As far as foreign aid is concerned the state should only be informed. It should
not have the right to stop aid unless it can show that such aid is against the
national interest. In this regard NOTU could formulate policy on foreign aid
which is known to government and which all unions should follow.

7. There is need to reform trade union structures to ensure that the voice of the
rank and file is supreme. This should be reflected in the organs of the unions
 70 CBR WORKING PAPER NUMBER 17

especially the ADC. The right to recall leaders at any time should be em-
phasized.

B. Substantive Rights

As far as substantive rights are concerned there is need for unionists and workers to be
aware not only of statutory rights but also rights at common law as well as common law
restrictions which should be removed by statutory provisions.

1. The most important of these is that the right to reinstatement where one is
wrongfully dismissed should be laid down by statute.

2. Workers need to be aware of their rights at common law for instance right to a
safe place and system of work and all these should be clearly included in
collective agreements.

3. There is need also to reduce the basic provisions of the Factories Act into some
Code of Rights For factory workers in an accessible form and in a language that
workers understand.

4. For Workmen's' Compensation there is need to expand the definition of

workman to include all labour that is likely to be injured or killed while at work.
There is an urgent need to remove the 1964 figures of money for compensation
and to provide realistic figures/formulae to calculate the injured/killed worker's
entitlement.

5. For the Social Security Fund there is need to invest the money so as to guard
against inflation. The employers exempted from making contributions to the
Fund under S. 14 and Schedule 2 of the Act should be so exempted by the
Minister only if their schemes are as good as or better than the Fund's require-
ments.

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 72 CBR WORKING PAPER NUMBER 17

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 WORKERS AND THE LAW IN UGANDA 73

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 74 CBR WORKING PAPER NUMBER 17

------- c.1986:The NOTU 2nd Years Workers Education Plan 1988-1992. Department
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 WORKERSANDTHELAWINUGANDA 75

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3. THESES.

Barya, BJ-J. 1990: Law, State and Working Class Organisation in Uganda 1962-1987.
Ph.D Warwick University.

Gonsalves, E.R 1974: The Politics of Trade Unions and Industrial Relations in Uganda
1950-1971. Ph.D, Manchester University.

Nicol, B. 1972: The Development and Function of Industrial Arbitration in

Non-Governmental Sector in Uganda 1943-1969. Ph.D, Makerere University.
 76 CBR WORKING PAPER NUMBER 17

4. NEWSPAPERS AND INTERVIEWS.

(i) Newspapers

New Vision.

Uganda Argus.

Voice of Uganda.

(ii)Interviews with:

Amandrua,P.K. S.G. ofUTGWU: December 1987 and June/July 1991.

Executive Director (Administration) NYTIL J.Kahigi 5 July 1991.

Kasozi,R.W., S.G ofNOTU (1986-1988) August-October 1987.

NOTU Secretariat Sources October-November 1987.

URWU Sources December 1987.

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Ssali,E.N.B. Clerk of the Industrial Court, July 1991.

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NYTIL Workers During a Tour of the Factory Between 26 June-1 July 1991.
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