The Constitution of Uganda

Uganda has more than 20 years of history of granting Human Rights to persons with disabilities (PWDs) through its laws. It is often said that Uganda has disability rights laws that are second to none in Africa. The constitution of Uganda guarantees rights and dignity of PWDs in article 35. The state moreover has a duty to protect PWDs with appropriate laws. 

The constitution of Uganda provides for disabled people in the following articles (see African Rights Disability Year Book: Uganda):

• National Objective XVI provides that the state shall recognise the rights of PWDs to respect and human dignity.
• National Objective xxiv(C) of the Constitution provides that the state shall promote the development of sign language for the deaf.
• Article 21 provides for equality and prohibits discrimination against all persons and specifically includes PWDs.
• Under article 32 the state shall take affirmative action in favour of marginalised groups including PWDs and shall make laws including laws to establish and Equal Opportunities Commission for the full fulfilment of this clause.
• Article 75 provides for the composition of parliament to include such representatives including representatives of PWDs.

The Constitution of Uganda also provides for the rights of PWDs:

• Article 20 provides for the fundamental rights of all individuals and groups (including PWDs) to be respected and protected by the state.
• Article 22 provides for the right to life of all persons.
• Article 24 protects all persons and groups from torture or cruel, inhuman or degrading treatment and punishment.
• Article 26 provides for the right to property for all persons.
• Article 28 provides for the right to a fair hearing for all persons in the formal justice system including disabled persons.
• Article 30 provides for the right to education for all.
• Article 31 provides for the right to found a family? for all persons.
• Article 36 provides for the rights of minorities to participate in the judicial making process.
• Article 38 provides for the civic rights for all persons.

Having rights guaranteed by law does not mean that the rights of PWDs are assured. The 2013 report ACCESS TO EDUCATION BY PERSONS WITH DISABILITIES IN UGANDA’S EDUCATION SYSTEM sums up the situation:

The evidence has shown that the Ugandan government has breathed new life into the rights of PWDs since adopting the CRPD (United Nation Convention on the Rights of Persons with Disabilities) but the lack of resources, weak legal enforcement, unsecure financial commitments and inadequate facilities, have overshadowed these developments.

Providing for Human Rights does not automatically mean that equality and social inclusion are granted. There is still a long way to go and a lot of work to be done.