A Makerere University law don has called on the government to strengthen laws protecting workers and communities from exploitation by businesses, citing gaps in regulation, weak enforcement and inadequate funding for responsible business practices.
Mr Christopher Mbazira said that although Uganda had laws governing employment and environmental protection, gaps in areas such as minimum wages, supply chains and social impact assessments continued to expose workers and communities to human rights abuses.
Speaking at a national forum on business and human rights on Tuesday, Mr Mbazira called for a stronger second National Action Plan on Business and Human Rights, with clear targets, dedicated funding, timelines and mechanisms to hold government institutions and businesses accountable.
‘We have a number of laws in place that regulate such sectors or such aspects of life as employment and environment, but we also have so many gaps. For instance, we have challenges as far as the minimum wage is concerned. We don’t have laws that govern supply chains,’ he said.
Mr Mbazira said the absence of a comprehensive legal framework for social impact assessments was another weakness, despite years of calls by the Ministry of Gender, Labour and Social Development and other stakeholders for legislation on the matter.
He also cited workplace harassment against women as an area requiring stronger regulation and enforcement to protect workers.
The forum brought together government officials, businesses, development partners and civil society organisations to assess Uganda’s implementation of its first National Action Plan on Business and Human Rights and identify priorities for the next phase.
The discussions come as Uganda pursues investment, industrialisation and development of its oil and gas sector, raising questions about how economic growth can benefit communities while safeguarding workers’ rights.
Representing the Minister of Gender, Labour and Social Development, Mr Bernard Mujuni, the commissioner for equity and rights, said the exploitation of natural resources should translate into tangible benefits for citizens.
He said anticipated oil and gas revenues and the development of other natural resources needed to be accompanied by effective accountability and responsible business practices.
‘As we move towards hydrocarbons, natural resources, oil and gas, the important question is how to make sure that the people benefit from the resources that God bestowed upon them,’ Mr Mujuni said.
He commended stakeholders for sustaining the business and human rights agenda but called for stronger collaboration to ensure existing laws and policies translated into practical protection for citizens.
Mr Mujuni said legislation governing employment, occupational safety and health, children, persons with disabilities and the environment should serve as practical tools through which citizens can demand accountability.
He also called for accessible reporting mechanisms through which workers and communities could raise concerns about corruption, sexual harassment and environmental pollution.
Such mechanisms, he said, would strengthen institutional accountability and give affected people avenues to report abuses.
However, Mr Mbazira cautioned that laws and policies alone would not deliver results without adequate resources and effective implementation.
He identified five major challenges affecting implementation of the national action plan: legal and regulatory gaps, weak enforcement and monitoring, limited financing, inadequate access to information and public participation, and poor coordination and accountability.
He said government agencies responsible for inspections and enforcement needed stronger technical capacity, reliable data systems and the ability to investigate complaints and ensure sanctions were implemented.
‘We cannot evaluate performance without data. We need to build data systems and the capacity of government actors to investigate and ensure that sanctions are implemented,’ he said.
Businesses urged to take responsibility
Mr Nicolas Oebel, Enabel’s country director, said the success of the national action plan should be measured by the changes it delivered in people’s lives rather than commitments made on paper.
‘The real measure of success is not what we have committed to on paper, but what has actually changed in people’s lives. Our workers are better protected, our communities more in control of decisions affecting them, our businesses taking greater responsibility for their impact,’ he said.
He said responsible business practices should not be driven by government and development partners alone, adding that companies needed to take ownership of the agenda.
‘Responsible business cannot be driven by government and development dollars alone. Businesses themselves must take ownership of this agenda,’ he said.