Human Rights in Business in Uganda Still a Far Cry

Government agencies admit that there is still a long way to go in promoting respect for human rights in business in Uganda.

The Uganda Human Rights Commission (UHRC) and the Ministry of Gender, Labour and Social Development say most investors in the country violate human rights in almost all ways of the definition of rights.

These include child labour, sexual and gender based violations, refusal to write contracts for workers, protection from work hazards and many others.

However, Mariam Wangadya, the UHRC Chairperson, commended the progress exhibited in the oil and gas sector, singling out TotalEnergies E&P Uganda and the East African Crude Oil Pipeline (EACOP) Project. 

"Companies like Total (TotalEnergies) Uganda and EACOP are acknowledging their Human Rights responsibilities and they promptly share their periodic reports with us," she said, calling on all businesses to show that they respect Human Rights at every level exercising diligence to prevent harm. 

She was speaking at the Annual Symposium on Business and Human Rights in Uganda, under the theme, "Emerging Voluntary and Mandatory Frameworks: Strengthening Responsible Business Conduct in Uganda."

Enforcing human rights in Uganda faces several challenges raising from the countries investment-related policies like liberalisation, agreements between Uganda and the home countries of multilateral corporations and absence of policies on issues like salaries and wages.

But the UHRC boss said all companies have a duty to respect the people they deal or relate with.

"As our investment landscape grows, we see the need to balance economic liberalization with human rights. Corporate Social Responsibility & voluntary “good neighbor” practices are commendable, but true responsibility means more," she said.

Citing the Sustainable Development Goals of the UN about upholding human rights, she said that investments can never benefit economic growth and development unless they work for the good of the community.

“The SDGs call for partnerships—highlighted in SDG 17—to ensure a supportive environment where businesses contribute to growth that benefits everyone," she said, adding, “Commerce can be a powerful force for progress-creating jobs, advancing skills, and innovating solutions for our future. But this potential can only be realized if businesses operate responsibly and avoid causing harm.”

This reaction followed a presentation of a paper by researcher, Dr James Nkuubi on "The State of Business and Human Rights in Uganda", where he highlighted concerns around coffee farming in Uganda, like child labour and land grabbing.

Nkuubi urged the regulators to enforce the business and labour rights beyond leaving the onus on the investors to regulate themselves as their first priority is making profit.

Some of the challenges are too complex for community to be left at the fate of the investors.

"At the heart of the coffee supply chain, children are often found engaged in activities that far exceed legal and ethical boundaries for their age," he said.

On the legal frameworks available to give redress to the affected, he said the victims can only go so far, citing the example of residents in Mubende District who lost their land to a coffee project.

"It is 10 years since the persons affected by the establishment of Kaweeri coffee plantation went to court. They have never got justice and yet the project is operational and they cannot access their land!"

Adam Sparre Spliid, Deputy Head of Mission at the Embassy of Denmark in Uganda, commended the regulatory developments regarding human rights in business as a positive step.

"Over the past six years, there has been good shifts in the legislative environment for corporations globally and in Uganda, stimulated by the adoption of the National Action Plan on Business Human Rights.”  

He said this achievement should help promote professionalism in the business environment and ultimately help attract even more investments in Uganda, in a way that Denmark cherishes.

His views were re-echoed by Tom Venneste, the Country Director at Enabel (Belgian development agency) in Uganda, who said they attach recognition of human rights to their skilling and job creation programmes in Uganda.

“Through these, we also want to ensure that there is decent work promotion for all workers. We recently launched the EU-funded project which will mainly focus on respect for human rights by businesses in Uganda,” Vanneste said.

Belgium, like Uganda, is one of the 34 countries to have developed a national action plan, and Vanneste pledged support to Uganda to implement programmes under it.

"I hope together with the support of government, business and society, we can advance and mitigate some of the unintended consequences."

Minister Betty Amongi said the main challenge was the absence of "balance of power" between the employers and the employees, leaving the latter at the mercy of the former.

She said that that was the reason for her ministry's effort to organise workers "to have a voice", to help fight he injustices in the employment sector, with guidance from the UN Guiding Principles on Business and Human Rights.

These principles urge UN Member States to take steps to ensure adherence to human rights standards in their business practices.

"While business enterprises remain a strong partner in advancing respect for Human Rights in Uganda, empirical evidence shows gaps comprising their ability to deliver positive outcomes."

The ministry is also in the process of developing a management system in business and Human Rights to enhance the reporting process by enabling one to report online.

Some complaints received at the ministry include unfair termination, demotion, change of schedules and transfers, with most being reported as intended to punish the concerned employee, denial of foreign trips, denial of due promotion unfair disciplinary action, refusal to grant contracts, lack of protective gear among others.

Amongi also revealed that US officials have complained to her about the continued use of children on plantations and other places.

She assured that her ministry was reviewing the agreements and other engagements they country has with the companies to include strict clauses on human rights.