Disability Rights 29: Complaints

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 41 of the PWDA says that if you think that someone has broken the laws in this act you can lodge a complaint with the National Council for Disability (NCD). If you are dissatisfied with the decision of the NCD  you can ask the courts to review your case.

The NCD is the government organisation established to monitor the implementation of the CRPD through the PWDA. It was established by the National Council for Disability Act (NCDA) 2003. The main objectives of the NCD, as defined in the Act are:

• To promote the equalization of opportunities for PWDs. 
• To monitor and evaluate the impact of policies and programs which are designed to full participation and equality of PWDs.
• To promote and advocate for service delivery and the collaboration between PWDs and service providers.
• To advocate for new laws and to review laws already in place so that they comply with Equal Opportunity legislation in the constitution and other Ugandan laws.

The NCD is specifically designated by law to be the disability coordination body and it is in a position to implement the PWDA as envisaged by the CRPD. The 2015 African Disability Rights Yearbook describes the way the NCD administers the PWDA like this:

The PWDA makes provision for a redress mechanism in Part VIII. In terms of the mechanism, a person who alleges that an act prohibited under the provisions of the PWDA has been committed has the option of lodging a complaint with the National Council for Disability. The Council is expected to make a decision after receiving and investigating the complaint in accordance with its functions under the 2003 NCDA, whereby the Council is expected to take appropriate action relating to the outcome of the investigations or to refer them to relevant authorities.

The NCDA gives an opportunity to any person who might be aggrieved by a decision of the Council on the complaint to petition the courts of law for a review of the complaint. This mechanism entails that persons with disabilities who suffer rights violations do not have direct access to the courts to seek redress. In addition, the PWDA does not indicate if and what remedies are available upon a successful court review. This procedure falls short of conforming to the redress mechanism standards under the CRPD.

Furthermore, the PWDA makes provision for offences and penalties in Part IX.  The PWDA makes it an offence for any person to contravene, or to aid another person to contravene, any of its provision and a conviction attracts a fine.

If you are a person with a Disability and your rights as described in the PWDA have been infringed then report it to the NCD. They will follow up your complaint and recommend your course of action.

PDWs want authority to manage their affairs.
"NCD is weak and swallowed up by the gender ministry,” said Murangira. “It should be strengthened to a level of an authority to cater for better governance of all PWDS."

This law is written like this in section 41 of the Persons With Disabilities Act 2006:

41. Complaints, appeal and judicial proceedings.

(1) Any person, who alleges that an act prohibited under the provisions of this Act has been committed, may lodge a complaint with the Council.

(2) Any person aggrieved by a decision of the Council may petition the courts of law for a review of the complaint.

(3) Where a person with disability is party to any judicial proceedings the adjudicating body shall in the application of its legal procedures, take into account the physical and mental condition of the person with a disability.

The objectives and functions of the NCD are written in the Nation Council for Disability Act 2003, sections 5 and 6:

5. Objectives of the Council

The objectives of the Council are—

(a) to promote the implementation and the equalisation of opportunities for persons with disabilities;

(b) to monitor and evaluate the impact of policies and programmes designed for equality and full participation of persons with disabilities;

(c) to advocate for and promote effective service delivery and collaboration between service providers a nd persons with disability;

(d) to advocate for the enactment of laws and the reviewing of existing laws with a view to complying with the equalisation of opportunities as stipulated in the United Nations Standard Rules on the Equalisation of Opportunities for persons with disabilities, the Constitution and other laws and international legal instruments.

6. Functions of the Council 

(1) The functions of the Council are—

(a) to act as a body at a national level through which the needs, problems, concerns potentials and abilities of persons with disabilities can be communicated to Government and its agencies for action;

(b) to monitor and evaluate the extent to which Government, NGOs and the private sector include and meet the needs of persons with disabilities in their planning and service delivery;

(c) to act as a co-ordinating body between Government departments, other service providers and persons with disabilities;

(d) to solicit for and acquire funds and other resources from Government and donors for use in the performance of the Council’s functions;

(e) to advocate for the promotion of and encourage activities undertaken by institutions, organisations and individuals for the promotion and development of programmes and projects designed to improve the lives and situation of persons with disabilities;

(f) to carry out or commission surveys and investigations in matters or incidents relating—

(i) to violation of rights of persons with disabilies,

(ii) non-compliance with programmes, policies or laws relating to

disabilities; and take appropriate action in relation thereto or refer the matter to the relevant authority;

(g) to hold annual general meetings of representative from lower councils for persons with disabilities for the purposes of reviewing the Council’s performance and also plan for the subsequent year;

(h) to consider and recommend ways and means of controlling the unnecessary increase of disability in Uganda;

(i) to assist the Electoral Commission to ensure the conducting of free and fair elections of representatives of persons with disabilities to Parliament and Local Government Councils;

(j) to identify and give guidelines to organisations working for persons with disabilities; and

(k) to perform any other functions relating to the above as the Minister may determine.

(2) For the purpose of carrying out its function under paragraph (f) of subsection (1) the Council shall have powers to call witnesses and demand the production of documents that it may require.