Disability Rights 22: Affirmative action

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.

Section 33 of the PWDA states that the government shall use affirmative action to resolve imbalances that exist against PWDs. 

Affirmative action is a means of favouring a group that is marginalized in society. Affirmative action can be implemented in three ways: 

1. A quota system where by a number of places are allocated to PWDs
2. A percentage system where a percentage of posts is allocated to PWDs.
3. By law where a post is legislated.

The following are examples of affirmative action in Uganda (see The Realisation of Human Rights for Disabled People in Higher Education in Uganda: A Critical Analysis Drawing on the UNConvention on the Rights of PWDs):

• Admission of disabled people into public universities through the allocation of places. 
• 5 Members of Parliament (MPs) representing PWDs. 
• At local government level: 2 Councilors representing PWDs in Local Council Five, 2 at Local Council Three and 1 at Village Council. 
• PWDs are represented on top management boards of government by Acts of Parliament. 

Affirmative action is often criticized for the great weakness that it does not address the issues of inequality and discrimination that already exist in society. However, affirmative action is a chance to get your voice heard.

If you are a PWD this means that there are places reserved for PWDs in universities and in local and national government. You have a chance to speak and be heard.

Special Needs Education (SNE) is designed as an affirmative action:

In spite of the existence of an elaborate institutional and legal framework to cater for the realization of the right to education for children with special needs, implementation of these policies is still a challenge. Only 0.33% of the education sector budget was allocated to the financing to the Special Needs Education (SNE) in Uganda from 2010/11 to 2012/13, and yet the Persons With Disability Act (2006) stipulates that not less than 10% of all educational expenditure should be allocated to the needs of Persons with Disability (PWDs).

SNE was designed as an affirmative action to facilitate educational approaches and programmes specially designed for persons with special learning needs.

This law is written like this in section 33 of the Persons With Disabilities Act 2006:

33. Affirmative action in favour of persons with disabilities.

Government shall take affirmative action in favour of persons with disabilities for the purpose of redressing imbalances which exist against them.