Disability Rights 8: The right to work

In addition to the human rights laws in the Constitution of Uganda there are several other rights granted to persons with disabilities (PWDs). These rights are given by law in the Persons With Disabilities Act 2006 (PWDA) which is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Whether you are a PWD or not, these laws apply to you.

Sections 12 and 13 of the PWDA detail the rights of PWDs in employment. Section 12 says that it is illegal to discriminate against PWDs. The section describes discrimination noting that PWDs should be paid the same amount as a non disabled persons and that PWDs have the same rights as any citizens working in Uganda.

Section 13 of the Act details the obligations of employers and the Minister of Labour, stating that PWDs have the right to work like any other citizen. The Minister of Labour has responsibilities to PWDs determining quotas for the number of employees to be employed and at the end of each financial year reporting back on the status of the employment of PWDs in the country. In addition employers have obligations, they must:

• Report the number of PWDs they employ by June each year.
• Advertise jobs for PWDs where appropriate.
• Provide access for PWDs that they employ.

Despite this law employers are failing to employ PWDs. This extract from a February 2016 article, Gov't told to enact law on PWDs employment paints an all too familiar picture:

One of the PWDs, Nish Zebu, a journalism graduate with a diploma, said she completed studies two years ago but employment opportunities have not come her way, owing to her condition.

''Because of discrimination from able-bodied people especially the employers, we end up on streets begging yet we can compete with the able-bodied when given the chance'' Zebu said.

Ongoing partnerships with disability advocacy organizations have resulted in media campaigns promoting the rights of PWDs to access employment... National and local governments have carried out reforms to increase access to employment for PWDs.

This law is written like this in sections 12 and 13 of the Persons With Disabilities Act 2006:

12. Prohibition of discrimination in employment

(1) A person shall not discriminate against a qualified person on ground of that person's disability in regard to any job application procedures, hiring, promotion, employee compensation, job training, and other terms, conditions, and privileges of employment.

(2) For purposes of sub section (1), the following shall constitute acts of discrimination—

(a) limiting, segregating or classifying a job applicant with disabilities in such a manner that adversely affects his or her work opportunities:

(b) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out persons with disabilities;

(c) utilizing standards, criteria, or methods of administration showing the effect of discrimination on the basis of disability or perpetuating the discrimination of others who are subject to common administrative control;

(d) providing less payment, remuneration or fringe benefits, to a qualified employee with disabilities, than the amount paid to a non-disabled performing the same work;

(e) favoring a non disabled employee over a qualified employee with disabilities with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;

(f) re-assigning or transferring a qualified employee with disabilities from a job or position he or she can perform to one which he or she cannot perform because of his or her disability;

(g) dismissing or terminating the services of a qualified employee with disabilities on ground of his or her disability unless the employer can prove that he or she affects the satisfactory performance of the work to the prejudice of the business and that the employer tried to provide reasonable accommodation for persons with disabilities and received no better results;

(h) failing to select or administer in the most effective manner, employment tests which accurately reflect the skills, and aptitude of an applicant or employee with disabilities, rather than the impaired sensory, manual or speaking skills of such applicant or employee: if any; and

(i) excluding persons with disabilities from membership in labour unions or similar organizations.

13. Employment of persons with disability

(1) Persons with disabilities have a right to practice their professions and to carry on any lawful occupation, trade or business of their choice.

(2) The Government shall encourage all government and private sectors to promote the right to empowerment of persons with disabilities, including those who acquire disability during the course of their employment, to work on an equal basis with others and to earn a living by work through a quota system of employment.

(3) The Minister responsible for labor shall, in consultation with the employers’ organisations, determine the quota of persons with disabilities work force for employers, and shall by statutory Instrument publish the agreed quota.

(4) Each employer shall—

(a) where appropriate in any job advertisement, indicate that persons with disabilities would be considered;

(b) be required to carry out appropriate modifications in their work premises to facilitate the employment of persons with disabilities;

(c) claim tax exemption on any costs incurred as a result of the modifications carried out under paragraph(b); and

(d) each year by the end of the month of June, submit to the Minister, returns of employment of persons with disabilities.

(5) The Minister shall, at the end of each financial year, report to Parliament the status of employment of persons with disabilities in the country.