Vendors have taken to court a petition that challenges their eviction from Kampala City, an order which was effected earlier this year by the former Kampala Resident City Commissioner Hudu Hussein, now transferred to Yumbe district. Hudu told the hawkers and vendors to find other markets to operate from. To him the presence of these informal economy workers was depicting an ugly picture of Kampala among other cities in not just East Africa, but the world.
There might be hope after months of looking for solutions for the hundreds of streets vendors in Kampala as their partners, PLAVU, Voices for Labor and ILAW have come to speak out for them, as they filed a petition at Constitution Court yesterday. Robinah Kagoye the Founder and Executive Director Voices for Labor said that evicting vendors from the streets won’t solve the problems.
“A lasting solution to these informal economy workers needs to be sorted once and for all. Vendors leave and return minutes after law enforcement officers leave, they are humans and need to earn a living too.” - Robinah Kagoye
She was addressing a press conference on Wednesday evening at Hotel Africana in Kampala after digitally filing the petition as a new requirement.
The Petitions
Two petitions were filed by Voices for Labor, Platform for Vendors in Uganda (PLAVU), Uganda Market and Allied Employees and Uganda Artisans and General Workers Union through their Lawyers M/s Tuhimbise & Co. Advocates and Kazimoto & Kiwa Advocates in the Constitutional Court of Uganda.
The first petition seeks to challenge provisions in the Labor Unions Act No.7 of 2006 that exclude workers in the informal economy from enjoying their freedom to join or form a Labor Union for purposes of representation and collective bargaining. The petition also seeks to challenge certain provisions of the Employment Act No.6 of 2006, Labor (Dispute settlement and arbitration) Act, No.8 of 2006 and the Workers’ compensation is as far they limit certain rights and protections to only employees in a defined employment relationship excluding workers in the informal economy who are in law and practice not sufficiently covered by formal arrangements.
It is known that vendors and hawkers often find themselves outside of formal work arrangements and are often at a high risk of vulnerability and poverty due low earnings, unstable incomes and poor working conditions.
The second petition seeks to challenge the eviction of street vendors without providing them with a viable alternative for their socio-economic survival and or well-being. It also challenges some provisions of the Trade (Licensing) Act as amended in 2015, the Local government (Kampala City Council) (Maintenance of Law and order ordinance 2006, the Local Governments (Kampala City Council) (Street Traders) ordinance which provides for a requirement of possessing a license before hawking/street vending but do not provide a clear framework of acquiring one. KCCA does not also enumerate conditions or reasons for being denied the a vending license. The Petition also challenges the Attorney General for failing to appoint the appeals authority, a structure meant to entertain appeals from street vendors and hawkers who may be unfairly denied licenses.
Odaro Stephen Padde the Executive Director Platform for Vendors Uganda in Uganda said 87% of Uganda’s labor force is in the informal economy and they contribute more than 50%of the GDP yet their interests and rights are not recognized or protected under the law. Vendors have small capitals to the tune of UGX 20,000- 50,000, but when the KCCA enforcement officers arrest them they charge fines of up to UGX 500,000 which is way above their capital. Majority opt to go and serve jail sentences.
The government will say they have constructed markets, and that street vendors should relocate to those, but the high rental costs and taxes charged for the market stalls are not favourable for these street vendors.
The petitioners believe that the fundamental rights and freedom of workers in the informal economy should be protected and their rights as enshrined in the constitution upheld. Workers in the informal economy should be able to access safety nets, access to basic social protection and many more.