Articles 51 to 58 of the Constitution of Uganda define and scope of work of the Uganda Human Rights commission (UHRC). The UHRC is an independent body chaired by a judge. Its duty is to uncover and investigate anywhere that human rights have not been observed and take appropriate action. The UHRC is independent and impartial and it must publish the results of its findings. The Commission can take whatever actions are necessary to resolve a human rights violation.
If you are a PWD you should know that all the human rights detailed here are for every citizen in Uganda. The UHRC is there to ensure that human rights are observed. Some of its functions include:
- To inform and educate everyone about their human rights obligations.
- To investigate human rights violations on its own initiative.
- To investigate human rights complaints made by individuals.
- To create and sustain awareness of the fundamental human rights of all persons in Uganda.
- To use the powers of the court to rectify human rights violations.
- To monitor government compliance of treaty obligations.
When you know your rights, you can demand your rights.
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| Everyone has rights: An acid attack in Uganda in May last year melted the facial features of Ms Namale Allen (above) and blinded her. |
Articles 51-58 of the Constitution of Uganda are written like this:
51. Uganda Human Rights Commission.
(1) There shall be a commission called the Uganda Human Rights Commission.
(2) The commission shall be composed of a chairperson and not less than three other persons appointed by the President with the approval of Parliament.
(3) The chairperson of the commission shall be a judge of the High Court or a person qualified to hold that office.
(4) The chairperson and members of the commission shall be persons of high moral character and proven integrity and shall serve for a period of six years and be eligible for reappointment.
52. Functions of the Human Rights Commission.
(1) The commission shall have the following functions—
(a) 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;
(b) to visit jails, prisons, and places of detention or related facilities with a view to assessing and inspecting conditions of the inmates and make recommendations;
(c) to establish a continuing programme of research, education and information to enhance respect of human rights;
(d) to recommend to Parliament effective measures to promote human rights, including provision of compensation to victims of violations of human rights or their families;
(e) to create and sustain within society the awareness of the provisions of this Constitution as the fundamental law of the people of Uganda;
(f) to educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation;
(g) 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;
(h) to monitor the Government’s compliance with international treaty and convention obligations on human rights; and
(i) to perform such other functions as may be provided by law.
(2) The Uganda Human Rights Commission shall publish periodic reports on its findings and submit annual reports to Parliament on the state of human rights and freedoms in the country.
(3) In the performance of its functions, the Uganda Human Rights Commission shall—
(a) establish its operational guidelines and rules of procedure;
(b) request the assistance of any department, bureau, office, agency or person in the performance of its functions; and
(c) observe the rules of natural justice.
53. Powers of the commission.
(1) In the performance of its functions, the commission shall have the powers of a court—
(a) to issue summons or other orders requiring the attendance of any person before the commission and the production of any document or record relevant to any investigation by the commission;
(b) to question any person in respect of any subject matter under investigation before the commission;
(c) to require any person to disclose any information within his or her knowledge relevant to any investigation by the commission; and
(d) to commit persons for contempt of its orders.
(2) The commission may, if satisfied that there has been an infringement of a human right or freedom, order—
(a) the release of a detained or restricted person;
(b) payment of compensation; or
(c) any other legal remedy or redress.
(3) A person or authority dissatisfied with an order made by the commission under clause (2) of this article has a right to appeal to the High Court.
(4) The commission shall not investigate—
(a) any matter which is pending before a court or judicial tribunal;
(b) a matter involving the relations or dealings between the Government and the Government of any foreign State or international organisation; or
(c) a matter relating to the exercise of the prerogative of mercy.
54. Independence of the commission.
Subject to this Constitution, the commission shall be independent and shall not, in the performance of its duties, be subject to the direction or control of any person or authority.
55. Expenses of the commission.
(1) The commission shall be self-accounting and all the administrative expenses of the commission, including salaries, allowances and pensions payable to persons serving with the commission, shall be charged on the Consolidated Fund.
(2) The chairperson and other members of the commission shall be paid such salaries and allowances as Parliament may prescribe.
56. Removal of commissioners.
The provisions of this Constitution relating to the removal of a judge of the High Court from office shall, with the necessary modifications, apply to the removal from office of a member of the commission.
57. Staff of the commission.
The appointment of the officers and other employees of the commission shall be made by the commission in consultation with the Public Service Commission.
58. Parliament to make laws regarding functions of the commission.
Parliament may make laws to regulate and facilitate the performance of the functions of the Uganda Human Rights Commission.
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