Disability Rights: Uganda Human Rights Commission

In the blog post Do you know your rights? it was shown that the basis of  human rights for the population of Uganda and more especially for persons with disabilities (PWDs) is the United Nations Convention of the Rights of Persons with Disabilities (CRPD). Chapter four of the Ugandan constitution guarantees the rights of all people in Uganda including PWDs (see Education: Disability and the Constitution). The Persons With Disabilities Act 2006 (PWDA) is the over arching law that protects these rights for PWDs in Uganda (see Ugandan Law: Persons With Disabilities Act and Education). This blog post will discuss the work of the Uganda Human Rights Commission (UHRC). 

The UHRC was established 1995 in the Bill of Rights which is Chapter 4 of the Constitution. The UHRC is a national human rights institution. It is mandated in Article 52 of the Constitution. Wikipedia explains:

The Commission is composed of a Chairperson, currently Mr Med S.K Kaggwa, and not less than three other persons, appointed by the President with the approval of Parliament. There are at this time seven commissioners. The Chairperson and Members of the Commission have to be persons of high moral character and proven integrity. They serve for a period of six years and are eligible for re-appointment.

Paul Emong in his 2014 thesis, The Realisation of Human Rights for Disabled People in Higher Education in Uganda: A Critical Analysis Drawing on the UNConvention on the Rights of Persons with Disabilities, summarizes the work of the UHRC in relation to education in the following manner:

The UHRC is the national human rights institution, established in accordance with the Constitution, to promote and protect human rights as well as monitor them in the country in line with international human rights instruments.  UHRC's competence and responsibilities is in tune with the international standards, spelt out by the Paris Principles relating to the status of national institutions for the protection and promotion of human rights. 

In summary, the breadth of the mandate of UHRC includes human rights promotion and outreach, investigation and resolution of complaints, commenting on the Bills before parliament, monitoring Uganda‘s compliance with international treaties and the Constitution on matters of human rights and performing any other human rights matter as may be provided by law. It also publishes periodic reports on the status of human rights in the country and submits those reports to Parliament annually.

In the performance of its functions, UHRC assumes the powers of the Judicial Court. On the investigation of the violation of rights of disabled people, there has been a general improvement in the way disability features in UHRC reports to parliament since 2000. In particular, the 2009 annual reports highlights the situation of disabled people in the country, challenges faced by disabled people in enjoyment of their rights and recommendations for the improvements of the human rights situation for disabled people. It appears the UHRC has done much on the issues relating to access to primary and secondary education, but little on higher education. This is the gap in the work of UHRC that needs to be filled to ensure that UHRC ensures a right to education for disabled people in higher education. 

On their website, the UHRC explains its functions which have been mandated by Ugandan law:

• To investigate, at its own initiative or on a complaint made by any person or group of persons against the violation of any human right;
• To visit jails, prisons, and places of detention or related facilities with a view of assessing and inspecting conditions of the inmates and make recommendations;
• To establish a continuing programme of research, education and information to enhance respect of human rights;
• To recommend to Parliament effective measures to promote human rights including provision of compensation to victims of violations of human rights, or their families;
• To create and sustain within society the awareness of the provisions of the Constitution as the fundamental law of the people of Uganda;
• To educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation;
• To formulate, implement, and oversee programmes intended to inculcate in the citizens of Uganda awareness of their civic responsibilities and an appreciation of their rights and obligations as free people;
• To monitor the Government’s compliance with international treaty and convention obligations on human rights; and
• To perform such other functions as may be provided by law.

The vision for human rights in Uganda, which is supported by law, is articulated by the UHRC in the following way:

UHRC Vision

A society that respects human rights and fulfils civic obligations.

UHRC Mission Statement

To protect and promote fundamental Human Rights and freedoms in Uganda for sustainable development.

UHRC Values and Principles

• Integrity
• Transparency
• Accountability
• Fairness
• Dignity of the person
• Independence
• Professionalism
• Non-discrimination

What can PWDs complain about to the UHRC?

The Uganda Human Rights Commission can investigate and resolve complaints of discrimination, harassment and bullying based on a person’s:

• sex, including pregnancy, marital status, breastfeeding, family responsibilities and sexual harassment

• disability, including temporary and permanent disabilities; physical, intellectual, sensory, psychiatric disabilities, diseases or illnesses; medical conditions; work related injuries; past, present and future disabilities; and association with a person with a disability

• race, including colour, descent, national or ethnic origin, immigrant status and racial hatred

• age, covering young people and older people

• sexual preference, criminal record, trade union activity, political opinion, religion or social origin (in employment only)

It is against the law to be discriminated against in many areas of public life, including employment, education, the provision of goods, services and facilities, accommodation, sport and the administration of Commonwealth laws and services.

The Commission can also investigate and resolve complaints about alleged breaches of human rights against the Commonwealth and its agencies.

The report highlighted key human rights concerns for the elderly, albinos, PWDs and ex-combatants

The blog post Report on the Rights of Persons With Disabilities discussed the work required by Uganda to fulfil its obligations as a signatory to the CRPD. The Committee on the Rights of PWDs: Concluding observations on the initial report of Uganda was a report written by the United Nations committee that oversees the progress on the implementation of disability rights law in Uganda. The UHRC gives input into that report. This summary of their findings gives an idea of the UHRC's scope of involvement in disability rights:

The Chairperson, Uganda Human Rights Commission led a delegation of stakeholders that have done a lot of commendable work in the promotion and protection of rights of persons with Disabilities. This delegation included representatives from National Council for Disability, Equal Opportunities Commission, Ministry of Gender, Labour and Social Development, NUDIPU and Uganda Human Rights Commission.

Uganda ratified the Convention on the Rights of Persons with Disabilities (CRPD) and its two Optional Protocols in 2008. In 2012, Uganda complied with its international treaty body reporting obligation by submitting its initial report to the Committee on the Convention on the Rights of Persons with Disabilities.

Consequently, in April 2016, Uganda’s record on the implementation of the CRPD was reviewed by the aforementioned Committee and concluding observations and recommendations were developed. To that end Uganda is meant to address the key human rights concerns and observations raised.

Under paragraph 69 of the concluding observations, the Committee enjoins Uganda to transmit the concluding observations and action to members of the Government, Parliament, officials in relevant ministries, local authorities, organizations of persons with disabilities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media.

On 15th June 2016, the UHRC together with NUDIPU and OHCHR disseminated these concluding observations to over 120 stakeholders including: the media; DPOs; education, medical and legal professionals.

These concluding observations and recommendations encompassed: harmonizing definitions of disability in various laws and policies and a systematic review of all legislation and bringing it in line with the Convention; adopting measures to amend and/or repeal legislation with derogatory terminology against persons with disabilities; providing for legal protection against disability-based discrimination, multiple and intersectional forms of discrimination facing persons with disabilities; incorporating the concept of reasonable accommodation in the legislation as defined in Article 2 of the Convention and recognition of the denial of reasonable accommodation as a form of discrimination based on disability.

In addition the Committee recommended for the repealing and elimination of legislation and practices that allow for deprivation of legal capacity on the basis of disability and the adoption of measures to prohibit deprivation of legal capacity on customary basis; adoption of measures to ensure that all persons with disabilities have access to justice including the establishment of free legal aid for persons with disabilities concerning their rights; and the dissemination of information in appropriate formats like braille, tactile, augmentative and alternative formats and the Ugandan sign language; establishment of a National Coordination Team for the implementation of the concluding observations; development of an action plan for the implementation of the CRPD; and strengthening the capacity of the Uganda Human Rights Commission with sufficient budgetary allocation and human resources to fulfill its mandate effectively.

The Commission in line with its constitutional mandate pledges to continue monitoring Government’s compliance with the CRPD and the concluding observations. In addition, the Commission plans to work closely with the Equal Opportunities Commission, National Council for Disability and Disability People’s Organizations (DPOs) in the monitoring the implementation of these concluding observations.

It is in recognition of the Parliament’s key role in ensuring that these recommendations are implemented by various Ministries, Departments and Agencies (MDAs) that the Uganda Human Rights Commission, the Equal Opportunities Commission, the National Council for Disability, the Ministry of Gender Labour and Social Development and the (DPOs) presented these CRPD concluding Observations and recommendations to the Human Rights Committee of Parliament consideration and action.

Therefore, Parliament is called upon to ensure that the rights of PWDs are promoted and protected in Uganda and to ensure the expeditious implementation of the concluding observations and recommendations by the various MDAs.

The UHRC is important for the monitoring and feedback on all aspects of human rights in Uganda. It is of particular importance to PWDs because of its monitoring of the CRPD. The UHRC is an independent body that protects the rights of all people in Uganda. PWDs are citizens of Uganda and as such have the same rights as every other citizen. Do you know your rights?