Know Your Rights 18: The right to culture, religion and nationality

The Ugandan Bill of Rights, Chapter 4 of the Constitution of Uganda, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 37 of the Constitution of Uganda states that you have the right to enjoy, practice, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion with other people or on your own.

If you are a PWD and you attend a church, mosque or other place of worship you should be able to attend there like any other person. Your place of worship should ensure that there is access for everyone. There should be ramps or lifts replacing steps or stairs, there should be sign language interpreters available, also information in braille for the blind.

Up to 95% of public buildings in Kampala Central Business District (CBD) do not meet accessibility standards, three years after the introduction of guidelines to make them accessible to PWDs.

Article 37 of the Constitution of Uganda is written like this:

37. Right to culture and similar rights. 

Every person has a right as applicable to belong to, enjoy, practise, profess, maintain and promote any culture, cultural institution, language, tradition, creed or religion in community with others.

Know Your Rights 17: Rights of Minorities

The Ugandan Bill of Rights, Chapter 4 of the Constitution of Uganda, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 36 of the Constitution of Uganda says that minorities have the right to take part in decision making and that their views and interests should be taken into account. 

Article 36 does not define "minority" however the 2001 report Uganda: The Marginalization of Minorities makes the point that it is:

the mandatory duty on the state to take affirmative action in favour of groups who have been historically disadvantaged and discriminated against on the grounds of age, disability, gender and/or any other reason created by history, tradition or custom. 

If you are a PWD, you are maybe entitled to additional support like the Acholi, (see PWDs in Acholi Sub-Region Cries for Help):

PWDs in Acholi Sub-region have decried high level of neglect and stigmatization both from the Local Community and the Government. 

The Disabled persons made their plea recently during a Policy Dialogue aimed to discuss access to Land Justice, organized by Action Aid Uganda from Gulu town.

Board Members of Gulu disabled Person's Union

Article 36 of the Constitution of Uganda is written like this:

36. Protection of rights of minorities. 

Minorities have a right to participate in decision-making processes, and their views and interests shall be taken into account in the making of national plans and programmes.

Know Your Rights 16: Rights of persons with disability

The Ugandan Bill of Rights, Chapter 4 of the Constitution of Uganda, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 35 of the Constitution of Uganda states that PWDs have the right to respect and human dignity. The state will take measures to ensure that PWDs realize their full and mental potential. 

Article 35 means that if you are a PWD your rights are supported by law, and your rights are supported by the government. It also means that PWDs are entitled to the same equality and dignity as other citizens of Uganda.

Uganda has a law called the Persons with Disabilities Act which came was enacted in 2006. It is comprehensive legislation modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The rights given to PWDs by this legislation are in addition to your basic human rights.

To get your rights you must demand you rights.

Assistant Commissioner, Disability & Elderly:
Works to mainstream disability into mainstream programs.

Article 35 of the Constitution of Uganda is written like this:

35. Rights of persons with disabilities. 

(1) Persons with disabilities have a right to respect and human dignity, and the State and society shall take appropriate measures to ensure that they realise their full mental and physical potential.

(2) Parliament shall enact laws appropriate for the protection of persons with disabilities.

Know Your Rights 15: Care for children

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 34 of the Constitution of Uganda states that all children have the right to know their parents and be cared for by them or their guardians. All orphans and vulnerable children have the right to special protection by the state.

Article 34 also says that child with a disabilities (CWDs) are entitled by law to a free education. It further says that it is the duty of parents to educate their children. The state is responsible for making the school accessible, providing ramps and lifts in place of steps and stairs, sign language interpreters, braille books for study, accessible toilets and trained special needs teachers.

CWDs are some of the most vulnerable members of society, they have rights too. These are some key recommendations identified to overcome barriers children with CWDs face to get their rights (see the 2014 report UNICEF Uganda: Study on CWDs):

• Actively consult and listen to CWDs on issues concerning them on an ongoing basis.
• Improve statistical information related to CWDs with the Uganda Bureau of Statistics.
• Review and enforce the Ugandan legal and policy framework.
• Advocate for increased budget allocations to responsible Government Institutions, earmarked for CWDs in related programmes.
• Coordinate efforts among local and national Government Institutions.
• Create a national partnership on CWDs led by UNICEF Uganda and the Ministry of Gender, Labour and Social Development (MGLSD).
• Build the knowledge on the needs and rights of CWDs and strengthen the capacities of key stakeholders and duty-bearers.
• Mainstream the perspective of CWDs in all UNICEF Uganda programmes and surveys.
• Design and implement programmes relating to disability prevention, health and (re)habilitation, education, social norms change and awareness-raising to ensure that CWDs are visible and have full access to services.
• Partner with organizations of the Child and Disability Movement.

A number of barriers to the realisation of the CWDs’ rights were identified in the course of the study

The Constitution of Uganda details Article 34 like this:

34. Rights of children. 

(1) Subject to laws enacted in their best interests, children shall have the right to know and be cared for by their parents or those entitled by law to bring them up.

(2) A child is entitled to basic education which shall be the responsibility of the State and the parents of the child.

(3) No child shall be deprived by any person of medical treatment, education or any other social or economic benefit by reason of religious or other beliefs.

(4) Children are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development.

(5) For the purposes of clause (4) of this article, children shall be persons under the age of sixteen years.

(6) A child offender who is kept in lawful custody or detention shall be kept separately from adult offenders.

(7) The law shall accord special protection to orphans and other vulnerable children

Know Your Rights 14: Women have the same rights and dignity as men

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 33 of the Constitution of Uganda says that women have full and equal rights with men. The state must provide opportunities for the welfare and advancement of women.

If you are a woman with a disability you your status and dignity are equal to men. Any law, culture, custom or tradition that undermines your dignity or welfare are prohibited. Anything that undermines your status as a women is prohibited by law.

Women with disabilities are twice as likely to experience domestic violence and other forms of gender-based and sexual violence as non-disabled women, and are likely to experience abuse over a longer period of time and to suffer more severe injuries as a result of the violence.

The Constitution of Uganda details Article 33 like this:

33. Rights of women.

(1) Women shall be accorded full and equal dignity of the person with men.

(2) The State shall provide the facilities and opportunities necessary to enhance the welfare of women to enable them to realise their full potential and advancement.

(3) The State shall protect women and their rights, taking into account their unique status and natural maternal functions in society.

(4) Women shall have the right to equal treatment with men and that right shall include equal opportunities in political, economic and social activities.

(5) Without prejudice to article 32 of this Constitution, women shall have the right to affirmative action for the purpose of redressing the imbalances created by history, tradition or custom.

(6) Laws, cultures, customs or traditions which are against the dignity, welfare or interest of women or which undermine their status, are prohibited by this Constitution.

Know Your Rights 13: The right to welfare of the disadvantaged

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 32 of the Constitution of Uganda says that the state must take measures to improve the conditions of people who are disadvantaged because of gender, age, disability, or other historical reason like culture or tradition.

For PWDs this is very important. It means that the government of Uganda pledges to take care of vulnerable groups of people. This may be through laws or policies. Like for instance the policy of offering Senior Citizens Grants to the elderly. Or in legislation through the Persons with Disabilities Act 2006 (PWDA). The PWDA aims at providing equal opportunities and eliminating all forms of discrimination against PWDs.

Elder people in Mukono district have asked government to speed up the process where they can benefit from the elderly grant which was launched by Government.

The Constitution of Uganda details Article 32 like this:

32. Affirmative action in favour of marginalised groups. 

(1) Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.

(2) Parliament shall make relevant laws, including laws for the establishment of an equal opportunities commission, for the purpose of giving full effect to clause (1) of this article.

Know Your Rights 12: The right to marriage

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 31 of the Constitution of Uganda states that all citizens have the right to marry and have a family.

If you are a PWD you have the right to be with your children.Your partner cannot prevent you from being with your children because you are, or you have become disabled. Every citizen in Uganda has the right to be with their children.

If a woman gives birth to a child with a disability (CWD) both husband and wife have a duty to care for the child.

Sylvia Kalibeela, 30, from Masindi, Uganda woke up blind one morning at the age of 20. Her husband started mistreating her and when she left the family home she was banned from seeing her two young sons

The Constitution of Uganda details Article 31 like this:

31. Rights of the family.

(1) Men and women of the age of eighteen years and above have the right to marry and to found a family and are entitled to equal rights in marriage, during marriage and at its dissolution.

(2) Parliament shall make appropriate laws for the protection of the rights of widows and widowers to inherit the property of their deceased spouses and to enjoy parental rights over their children.

(3) Marriage shall be entered into with the free consent of the man and woman intending to marry.

(4) It is the right and duty of parents to care for and bring up their children.

(5) Children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law.

Know Your Rights 11: The right to education

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 30 of the Constitution of Uganda states all citizens have the right to education. This means that whether you are a PWD or not, you have the right to education (see the blog post Human Rights: Education in Uganda). 

Giving everyone the right to education means that schools should be accessible to all PWDs as well as children with disabilities (CWDs). There should be ramps and lifts in place of stairs, accessible toilets, sign language interpreters, braille books and all CWDs should be taught by properly trained teachers.

Article 20 of the Constitution of Uganda states that it is the responsibility of the state uphold all the rights in the constitution (see Know Your Rights 1: Fundamental Human Rights) .

Inclusive education: Education for all disabled children.

The Constitution of Uganda details Article 30 like this:

30. Right to education. 

All persons have a right to education.

Know Your Rights 10: The right to free speech

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 29 of the Constitution of Uganda says that because everyone is unique they have the right to hold any opinion, the right to freedom of thought, conscience and belief. Everyone has the right to freedom of speech and expression.

If you are a PWD, freedom of speech means that everyone has the right to express their opinion. Your thoughts and words count just as much as anyone else. Freedom of speech is the right to express yourself, the right to say what you think.

Disability Art Project Uganda: Empowering 
people with disabilities to have attitudes of 
innovation, creativity and self confidence

The Constitution of Uganda details Article 29 like this:

29. Protection of freedom of conscience, expression, movement, religion, assembly and association.

(1) Every person shall have the right to—

(a) freedom of speech and expression which shall include freedom of the press and other media;

(b) freedom of thought, conscience and belief which shall include academic freedom in institutions of learning;

(c) freedom to practise any religion and manifest such practice which shall include the right to belong to and participate in the practices of any religious body or organisation in a manner consistent with this Constitution;

(d) freedom to assemble and to demonstrate together with others peacefully and unarmed and to petition; and

(e) freedom of association which shall include the freedom to form and join associations or unions, including trade unions and political and other civic organisations.

(2) Every Ugandan shall have the right—

(a) to move freely throughout Uganda and to reside and settle in any part of Uganda;

(b) to enter, leave and return to, Uganda; and

(c) to a passport or other travel document.

Know Your Rights 9: The right to a fair trial

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 28 of the Constitution of Uganda guarantees that everyone has the right to a fair trial. No one should be put into jail without a good reason. You are innocent until proven guilty.

How does this right affect a PWD? The law is very clear:

• If you are deaf or have difficulty hearing you are entitled to a sign language interpreter to explain why you have been arrested and provide interpretation in court.
• If you are blind or have difficulty seeing you are entitled to read and know the law in braille. 
• If you are a PWD in a wheelchair or if you walk with crutches you should be able to access courts using ramps and lifts.

Ugandan lawyers strategise about how to take disability rights cases to court

The Constitution of Uganda details Article 28 like this:

28. Right to a fair hearing. 

(1) In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

(2) Nothing in clause (1) of this article shall prevent the court or tribunal from excluding the press or the public from all or any proceedings before it for reasons of morality, public order or national security, as may be necessary in a free and democratic society.

(3) Every person who is charged with a criminal offence shall—

(a) be presumed to be innocent until proved guilty or until that person has pleaded guilty;

(b) be informed immediately, in a language that the person understands, of the nature of the offence;

(c) be given adequate time and facilities for the preparation of his or her defence;

(d) be permitted to appear before the court in person or, at that person’s own expense, by a lawyer of his or her choice;

(e) in the case of any offence which carries a sentence of death or imprisonment for life, be entitled to legal representation at the expense of the State;

(f) be afforded, without payment by that person, the assistance of an interpreter if that person cannot understand the language used at the trial;

(g) be afforded facilities to examine witnesses and to obtain the attendance of other witnesses before the court.

(4) Nothing done under the authority of any law shall be held to be inconsistent with—

(a) clause (3)(a) of this article, to the extent that the law in question imposes upon any person charged with a criminal offence, the burden of proving particular facts;

(b) clause (3)(g) of this article, to the extent that the law imposes conditions that must be satisfied if witnesses called to testify on behalf of an accused are to be paid their expenses out of public funds.

(5) Except with his or her consent, the trial of any person shall not take place in the absence of that person unless the person so conducts himself or herself as to render the continuance of the proceedings in the presence of that person impracticable and the court makes an order for the person to be removed and the trial to proceed in the absence of that person.

(6) A person tried for any criminal offence, or any person authorised by him or her, shall, after the judgment in respect of that offence, be entitled to a copy of the proceedings upon payment of a fee prescribed by law.

(7) No person shall be charged with or convicted of a criminal offence which is founded on an act or omission that did not at the time it took place constitute a criminal offence.

(8) No penalty shall be imposed for a criminal offence that is severer in degree or description than the maximum penalty that could have been imposed for that offence at the time when it was committed.

(9) A person who shows that he or she has been tried by a competent court for a criminal offence and convicted or acquitted of that offence shall not again be tried for the offence or for any other criminal offence of which he or she could have been convicted at the trial for that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(10) No person shall be tried for a criminal offence if the person shows that he or she has been pardoned in respect of that offence.

(11) Where a person is being tried for a criminal offence, neither that person nor the spouse of that person shall be compelled to give evidence against that person.

(12) Except for contempt of court, no person shall be convicted of a criminal offence unless the offence is defined and the penalty for it prescribed by law.

Know Your Rights 8: The right to privacy

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 27 of the Constitution of Uganda guarantees that everyone has the right to privacy of their body, home and properties which shall not be unlawfully searched, entered or interfered with.

For PWDs this right means that if you need to go to a clinic for an HIV test or treatment, your records are private and confidential. If the staff discuss your medical records with anyone other than a professional dealing with your case they are breaking the law.

You have the right to privacy

Article 27 of the Constitution of Uganda is written like this:

27. Right to privacy of person, home and other property.

(1) No person shall be subjected to—

(a) unlawful search of the person, home or other property of that person; or

(b) unlawful entry by others of the premises of that person.

(2) No person shall be subjected to interference with the privacy of that person’s home, correspondence, communication or other property.

Know Your Rights 7: The right to property

The Ugandan Bill of Rights, Chapter 4 of the Constitution of Uganda, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours.

Article 26 of the Constitution of Uganda states that everyone has the right to own property, either alone or with others. Your property cannot be taken away, except when it is needed for public use in a national emergency, or for defense the country, or for the safety of other people, or to protect public morality or public health.

This right means that by law all PWDs can own property whether they are men or women. No one should be able to take the property away from you or deny your right to own property.

This is the comment of a landmine victim. She wanted to return to her home in Northern Uganda after the war (see “As if We Weren’t Human”: Discrimination and Violence against Women with Disabilities in Northern Uganda):

“When you are disabled, people don’t expect you to own property. They think you should just be dependent, not independent.”

Research shows that PWDs face many barriers that prevent them from owning property. These barriers often exclude men, and especially exclude women from owning and  inheriting property and other assets. Some of these barriers are are detailed in PROPERTY RIGHTS AND MARGINALIZED GROUPS IN UGANDA:

• Customary (inheritance laws that prefer males) and 
• Statutory (which refer to names of ownership – there is often a temptation to get the money from the property), 
• Insecurity in conflict affected northern Uganda, 
• Ignorance of the law, 
• Mistrust, and 
• Poor (or lack of) representation in decision-making arenas.

It is important to know your rights, then you can demand your rights.

This land is not for sale

Article 26 of the Constitution of Uganda is written like this:

26. Protection from deprivation of property. 

(1) Every person has a right to own property either individually or in association with others.

(2) No person shall be compulsorily deprived of property or any interest in or right over property of any description except where the following conditions are satisfied—

(a) the taking of possession or acquisition is necessary for public use or in the interest of defence, public safety, public order, public morality or public health; and

(b) the compulsory taking of possession or acquisition of property is made under a law which makes provision for—

(i) prompt payment of fair and adequate compensation, prior to the taking of possession or acquisition of the property; and

(ii) a right of access to a court of law by any person who has an interest or right over the property.

Know Your Rights 6: Everyone is free from slavery or forced labour

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. If you are a person with a disability (PWD) these rights are yours.

Article 25 of the Constitution of Uganda says by law that no one should be a slave or held in servitude. No one should be forced to do work unless it is ordered by a court, or in prison and necessary for the hygiene of the place of detention.

If you are a PWD you may be the victim of exploitation. These are the experiences of a deaf girl:  

I got my first job through a friend of my mum’s when I finished school. We had agreed a salary but then the doctor refused to pay me, saying I had to have sex with him first. After three months he still hadn’t paid me what we agreed, demanding I had sex in return for my salary. I told my mum and she was very angry. She spoke to the doctor who eventually agreed to pay me what he owed me but told me to stop working there. (see UK Charity Helping Deaf Children In Uganda).

These are the experiences of blind women:

The large majority of the women with visual impairment have also experienced men exploiting them by pretending to be helping. However, the men end up exploiting them sexually. (See EXPERIENCES OF GENDER BASED VIOLENCE AGAINST WOMEN AND GIRLS WITH DISABILITIES: (A case study of Uganda)).

Tackling the Exploitation of Deaf Women in Uganda
"For them, a big challenge is sexual exploitation. There is a high rate of rape among deaf women and the perpetrators aren’t brought to justice". 

In the Constitution of Uganda Article 25 is written like this:

25. Protection from slavery, servitude and forced labour. 

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this article, “forced labour” does not include—

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of any person while that person is lawfully detained which, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which the person is detained;

(c) any labour required of a member of a disciplined force as part of that member’s duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour which that person is required by law to perform in place of that service;

(d) any labour required during any period when Uganda is at war or in case of any emergency or calamity which threatens the life and well-being of the community, to the extent that the requiring of the labour is reasonably justifiable in the circumstances of any situation arising or existing during the period or as a result of the emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.

Know Your Rights 5: The right to humane treatment

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. If you are a person with a disability (PWD) these rights are yours.

Article 24 of the Constitution of Uganda says that no  person should be subjected to cruel or inhuman treatment. No one should be tortured. No one has the right to physically or mentally abuse anyone.

If you are a PWD you should not be tied up or hidden away. No one should mistreat you because of your disability. Saying that someone is useless or calling them a curse is mental abuse. Everyone has the right to be treated with dignity and respect.

A mentally ill girl being stopped to play with the rest of the children

This is how Article 24 is written in the Constitution of Uganda:

24. Respect for human dignity and protection from inhuman treatment. 

No person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.

Know Your Rights 4: Personal Liberty

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not all these rights are yours.

Article 23 of the Constitution of Uganda guarantees the liberty of all Ugandan citizens. It says that no one shall be arrested or detained except for lawful reasons outlined by the constitution. If you are arrested you must be told the reason, kept in a place allowed by law and brought before a court within 48 hours.

This right is important for a PWD if they have a mental health problem they can be detained for treatment or imprisoned for their own care or protection.

These observations are made by Oliver Lewis director of the Mental Disability Advocacy Center after a visit to Butabika Hospital in 2014 put the law into perspective (see Uganda’s mental health system and the rule of no law):

During our visit to the hospital we established quickly that the law is completely ignored. Some patients (no data was available but we estimated around one in five) were on “Urgency Orders” which means police brought the person in. The law allows “a police officer not below the rank of assistant inspector, any medical practitioner, or any chief” to forcibly take a “person alleged to be of unsound mind” to any facility if they are “satisfied that it is necessary for the public safety, or for the welfare” of that person. That’s it. Nothing else is required. The law says Urgency Orders last for ten days, but in practice nothing changes on the expiration of the order...

In international law, if a person’s liberty is deprived without a legal basis, then the deprivation of liberty is unlawful. No-one here gets a court review of detention. So we can confidently say that every patient in Butabika who wants to leave but is not allowed to, is unlawfully detained.

Butabika hospital, Uganda’s premier psychiatric facility

Article 23 of the Constitution of Uganda is written like this:

23. Protection of personal liberty.

(1) No person shall be deprived of personal liberty except in any of the following cases—

(a) in execution of the sentence or order of a court, whether established for Uganda or another country or of an international court or tribunal in respect of a criminal offence of which that person has been convicted, or of an order of a court punishing the person for contempt of court;

(b) in execution of the order of a court made to secure the fulfillment of any obligation imposed on that person by law;

(c) for the purpose of bringing that person before a court in execution of the order of a court or upon reasonable suspicion that that person has committed or is about to commit a criminal offence under the laws of Uganda;

(d) for the purpose of preventing the spread of an infectious or contagious disease;

(e) in the case of a person who has not attained the age of eighteen years, for the purpose of the education or welfare of that person;

(f) in the case of a person who is, or is reasonably suspected to be, of unsound mind or addicted to drugs or alcohol, for the purpose of the care or treatment of that person or the protection of the community;

(g) for the purpose of preventing the unlawful entry of that person into Uganda, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from Uganda or for the purpose of restricting that person while being conveyed through Uganda in the course of the extradition or removal of that person as a convicted prisoner from one country to another; or

(h) as may be authorised by law, in any other circumstances similar to any of the cases specified in paragraphs (a) to (g) of this clause.

(2) A person arrested, restricted or detained shall be kept in a place authorised by law.

(3) A person arrested, restricted or detained shall be informed immediately, in a language that the person understands, of the reasons for the arrest, restriction or detention and of his or her right to a lawyer of his or her choice.

(4) A person arrested or detained—

(a) for the purpose of bringing him or her before a court in execution of an order of a court; or

(b) upon reasonable suspicion of his or her having committed or being about to commit a criminal offence under the laws of Uganda, shall, if not earlier released, be brought to court as soon as possible but in any case not later than forty-eight hours from the time of his or her arrest.

(5) Where a person is restricted or detained—

(a) the next-of-kin of that person shall, at the request of that person, be informed as soon as practicable of the restriction or detention;

(b) the next-of-kin, lawyer and personal doctor of that person shall be allowed reasonable access to that person; and

(c) that person shall be allowed access to medical treatment including, at the request and at the cost of that person, access to private medical treatment.

(6) Where a person is arrested in respect of a criminal offence—

(a) the person is entitled to apply to the court to be released on bail, and the court may grant that person bail on such conditions as the court considers reasonable;

(b) in the case of an offence which is triable by the High Court as well as by a subordinate court, the person shall be released on bail on such conditions as the court considers reasonable, if that person has been remanded in custody in respect of the offence before trial for one hundred and twenty days;

(c) in the case of an offence triable only by the High Court, the person shall be released on bail on such conditions as the court considers reasonable, if the person has been remanded in custody for three hundred and sixty days before the case is committed to the High Court.

(7) A person unlawfully arrested, restricted or detained by any other person or authority shall be entitled to compensation from that other person or authority whether it is the State or an agency of the State or other person or authority.

(8) Where a person is convicted and sentenced to a term of imprisonment for an offence, any period he or she spends in lawful custody in respect of the offence before the completion of his or her trial shall be taken into account in imposing the term of imprisonment.

(9) The right to an order of habeas corpus shall be inviolable and shall not be suspended.

Know Your Rights 3: The right to life

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. If you are a person with a disability (PWD) these rights are yours.

Article 22 of the Constitution of Uganda states that all Ugandan citizens have the right to life. No abortion is allowed except for that permitted by law.

By law all PWDs have the right to live just like any other citizen of Uganda. If you become disabled you have the same rights as you have always had. If a PWD is seen as a curse or a burden that diminishes their right to live life to the full. The right to life is about the right to live with dignity and respect.

Mothers and children both have the right to life.

In the Constitution of Uganda Article 22 is written like this:

22. Protection of right to life. 

(1) No person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence under the laws of Uganda and the conviction and sentence have been confirmed by the highest appellate court.

(2) No person has the right to terminate the life of an unborn child except as may be authorised by law.

Know Your Rights 2: Equality and right of protection before the law

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not all these rights are yours.

Article 21 of the Constitution of Uganda says that all Ugandan citizens are equal before the law regardless of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability. Everyone has the right to protection by the law. 

By law PWDs should not be discriminated against because of their disability.

UGANET champions access to justice for marginalized groups, particularly women living with HIV, widows and women with disability.

The Constitution of Uganda details Article 21 like this:

21. Equality and freedom from discrimination. 

(1) All persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law.

(2) Without prejudice to clause (1) of this article, a person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.

(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political opinion or disability.

(4) Nothing in this article shall prevent Parliament from enacting laws that are necessary for—

(a) implementing policies and programmes aimed at redressing social, economic, educational or other imbalance in society; or

(b) making such provision as is required or authorised to be made under this Constitution; or

(c) providing for any matter acceptable and demonstrably justified in a free and democratic society.

(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Constitution.

Know Your Rights 1: Fundamental Human Rights

Chapter 4 of the Constitution of Uganda, also known as The Bill of Rights, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not all these rights are yours.

The first right detailed in article 20 of the Constitution of Uganda says that by being born you are entitled to these rights. These are fundamental human rights and they are not given by the state, but it is the duty of the state to protect these rights.

We are all born free with equal rights and dignity.

The Constitution of Uganda puts it this way:

20. Fundamental and other human rights and freedoms. 

(1) Fundamental rights and freedoms of the individual are inherent and not granted by the State. 

(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.

No Laughing Matter

Do a quick search on YouTube and you will find that there are 2,490 videos that show that show "disability is not inability". What does this glib phrase mean?

The Social Model of Disability says that when all barriers are removed a person with a disability (PWD) is left with their impairments, they are competing equally with their non disabled counterparts.

If you are in a wheelchair and there is no access, "disability is not inability" means that when all barriers to access are removed you have an equal chance to get your qualification with any other person. It does not mean that you are a failure if there is no access and you cannot crawl to your next class.

In the video that follows, Robert Tuhamire proves that:

• If a wheelchair wont go to your classroom you can get there by crawling. 
• If a PWD cannot crawl to their next class, they do not have access and they face barriers that cannot be surpassed. 
• If the building does not have access you can always crawl, if you are able.
• If all the barriers to access are removed a PWD can get a degree like anyone else.
• The building he is trying to use is not accessible for all PWDs.

At the end of this video the reporter concludes with a negative stereotype: 

"It is very common that many people with disability wallow in self pity." 

Is it self pity or is it lack of access?

Defining disability

This definition of disability from a 2014 article, Access to buildings: How People With Disabilities struggle, gave me cause to think:

Disability, according to an online dictionary, is any damage to muscles, nerves, skin, or bones resulting into difficulties in moving about, or performing activities such as dressing, eating, or cleaning.

No definition of disability will ever be complete. There will always be room for improvement. Here is what some persons with disabilities (PWDs) in Uganda had to say (see Poverty and Disability in Uganda 1: Definitions):

• “You are disabled if you are missing any one of your limbs or body parts, or if one of your limbs is deformed”.
• “A disabled person is one who cannot look after himself or herself due to physical or mental limitation”.
• “A person is considered disabled if any one of the senses that were given by God are missing. These may include lack of sight, hearing, touch or reasoning”
• “Disability is when your life is not in your hands - when your physical or mental state is such that other people have to decide for you what to do, where to go, what to eat and who to associate with. You are just an object of pity, and whatever opinion that you give can never be taken seriously. Some people will treat you as if you are a child, even when you are well over 30 years”.

The United Nations Convention on the Rights of Persons with Disabilities defines disability like this:

Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.

The Ugandan Persons with Disabilities Act 2006 gives the following definition:

"Disability" means a substantial functional limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation. 

How do you define disabilities?

These are the words I use most on Facebook

It made me happy to see this. These are the words I have used most on Facebook.

Mental Health: Stigma and Prejudice

The video below shows that mental health problems carry a great burden of stigma and prejudice. In a country like Uganda, with 1 psychiatrist for every million people the stigma and prejudice associated with mental illness are a significant problem that often forms a barrier to proper treatment.


It is thought that 90% of people do not receive the medical attention they require. Witchcraft, curses or evil spirits are often thought to be the cause of mental health problems, meaning that traditional and spiritual healers have a significant role to play in treatment.  

People with mental illness and their families often feel isolated and alone. A strong psychosocial support network of family, friends and peers is essential. Thus, creating a climate for open discussion ensures the whole family can receive the care and support they need.

Transforming the Lives of Deaf People

This short video shows how sign language has transformed the life of a young boy, Patrick, in rural Uganda. It is a follow up to a longer documentary from Channel 4 in the UK, which you can see here: See how sign language can transform lives.

Before learning sign language Patrick and his father faced insurmountable communication barriers. Patrick was disabled by the barriers he encountered. He had low selfesteem, was isolated and did not contribute to society.

With sign language he has an impairment but he has ceased to be disabled.

When disability is inability

Ugandan legal activist Medi Ssengooba talks about the barriers he and other persons with disabilities (PWDs) face in Uganda.

Medi gives an interesting insight into the way that barriers prevent PWDs from achieving their full potential. In the United States he was able to study in a barrier free environment and live independently - he was a straight 'A' student. By contrast in Uganda he was dependent, needed help and could not access libraries, toilets, classrooms and other facilities - he was a mediocre student.

If you are a PWD in Uganda, and you can't get to America to study in a barrier free environment, you will always be undervalued.

This short clip illustrates that disability rights are a moral issue. Receiving your rights means you get the selfesteem and self worth that are your entitlement. 

Changing Attitudes

A stereotype is a rapid way to make a decision. It is a way of simplifying complex data and making information manageable. Everyone uses stereotypes to simplify their thinking.

Stereotypes can be both positive and negative. Stigma and prejudice are based on negative stereotypes.

When stereotypes, stigma and prejudice are mixed with knowledge they become attitudes. People form attitudes about groups based on their positive or negative attitudes. This creates ingroups and outgroups.

Non disabled people often see themselves in one group whilst persons with disabilities (PWDs) see themselves in another group. Both groups are associated with a mixture of positive and negative attitudes.

When a child with a disability attends school attitudes are changed.

To change attitudes, ingroups and outgroups need to meet in the following conditions (see the blog post Contact Hypothesis):

• Both groups should engage equally in the relationship. 
• Both groups must share a common goal.
• Both groups should work together for their common goals without competition.
• Both groups must acknowledge some authority that supports the contact and interactions between the groups on an equal basis.
• Members of the conflicting groups need to mingle with one another fostering cross-group friendships.

Prejudice

When persons with disabilities (PWDs) talk about the challenges they face prejudice is always joined to Stigma. Everyone faces prejudice in their lives. Everyone is prejudiced. It is only when prejudice is acted on, it becomes discrimination.

When acted on prejudice can lead to depression. Depression has both physical and mental effects. The effects of prejudice can be disabling.
Prejudice can therefore cause further disability and can feed into the poverty cycle. Prejudice is far from only a moral and ethical issue it can have severe effects on your health.

Acting on prejudice is discrimination. Discrimination is against human rights. It is illegal to discriminate against PWDs in Uganda.

Human Rights for Persons With Disabilities and the Law

The Convention on the Rights of Persons with Disabilities (CRPD) guarantees fundamental human rights to all persons with disabilities (PWDs). These rights are put into law in the Constitution of Uganda.

This is what the Constitution of the Republic of Uganda, 1995 (see The State House of Uganda for more information) has to say about the rights of PWDs. In the Social and Economic Objectives:

XVI. Recognition of the dignity of persons with disabilities.

Society and the State shall recognise the right of persons with disabilities to respect and human dignity

And in Chapter Four—Protection and Promotion of Fundamental and Other Human Rights and Freedoms the Constitution contains the following Articles:

32. Affirmative action in favour of marginalised groups. 

(1) Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them. 

(2) Parliament shall make relevant laws, including laws for the establishment of an equal opportunities commission, for the purpose of giving full effect to clause (1) of this article.

35. Rights of persons with disabilities. 

(1) Persons with disabilities have a right to respect and human dignity, and the State and society shall take appropriate measures to ensure that they realise their full mental and physical potential. 

(2) Parliament shall enact laws appropriate for the protection of persons with disabilities.

 Know your rights, don't allow discrimination.

Angelo Kakande, On Euphemisms of Exclusion: Disability is/as a Synonym for Dependency, 2016

Articles 32 and 35 of the Constitution of Uganda say that the Government must make laws to protect PWDs. The main law that supports the rights of PWDs is called the Persons with Disabilities Act 2006 (PWDA). The PWDA aims at providing equal opportunities and eliminating all forms of discrimination against PWDs. This is what the PWDA says:

THE PERSONS WITH DISABILITIES ACT, 2006 AN ACT to Provide a Comprehensive Legal Protection for Persons With Disabilities in accordance with Article 32 and 35 of The Constitution; to make Provisions for the Elimination of all forms of Discrimination against Persons with Disability towards Equalization of Opportunities and For Related Matters.

By law you can demand your rights, you are supported by good legislation, don't stand for inequality and  discrimination.