Know Your Rights 25: Getting your voice heard

The Ugandan Bill of Rights, Chapter 4 of the Constitution of Uganda, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours and they are protected by law. 

If your rights are infringed you can lodge a complaint with the Uganda Human Rights commission (UHRC). There is no fee but you will need to give full information about the incident.

If you are a PWD and you believe that your human rights have not been observed, it is your right to raise a complaint with the UHRC. The UHRC will review your case and take appropriate action. 

Why make a complaint? This is a way of getting your voice heard. Article 52(2) of the Constitution of Uganda says that the UHRC must log all complaints and report to parliament. Your complaint will make the UHRC and parliament aware of a human rights problem. 

Complaints can be lodged with the UHRC in any of the following ways:

• By visiting their offices,
• By telephone,
• By letter,
• By e-mail,
• By fax or 
• By the UHRC identifying a problem through media reports or other sources.

Human rights are being violated all the time: Filda, who lost her leg in landmine explosion in Uganda, sits with three children. She faces discrimination in her community and has not benefited from government livelihood assistance programs.

The Uganda Human Rights Commission describes the complaints process like this:

How to lodge a complaint

Steps taken to lodge a complaint:

Step 1: A complaint is received by UHRC through walk-ins, telephone, letter, e-mail or fax or is identified by UHRC through media reports or other sources. Please note that the UHRC does not charge any fees for receiving and processing any complaint.

Step 2: The complaint is assessed using UHRC admissibility criteria to qualify as a human rights violation. If the complaint does not qualify, UHRC refers it to another appropriate body/agency. The complainant may also be given legal advice on the matter.

Step 3: If the complaint is admitted, UHRC carries out field investigations. Part of these is a letter that is sent to the accused (respondent) requiring a response to the allegation within 21 days. If no response is received from the accused (respondent) after expiry of 21 days, a reminder extending the period for 7 days is sent.

Step 4: When investigations are completed, an investigation report is compiled.

Step 5: Thereafter UHRC legal officers analyse the evidence in the investigations reports and write legal opinions recommending one of the options below:

• to resolve the case through mediation
• to consider referral or alternative action
• not to proceed with the complaint (close the file)
• to proceed to the UHRC Tribunal for a hearing

Step 6: In case of mediations, UHRC facilitates the process of the parties resolving the matter. A memorandum of understanding is drawn and signed by both parties. Referrals may be made for example in cases where criminal elements are established and the matter needs to be handled in the criminal justice system, or when a complainant requires counselling or treatment. Files are closed when there is no evidence obtained to sustain the complaint in the Tribunal.

Step 7: Counselling services are offered if considered necessary.

Step 8: If the complaint is for hearing, the file is forwarded to the UHRC Tribunal. At the UHRC Tribunal, the processes below take place:

• The pre-summons process involving allocation of case files, allocating cases to hearing Commissioners (cause listing) and finally, issuing of summons
• Holding of hearings involving the parties and witnesses taking the oath; the Tribunal adducing evidence through examination of witnesses; final submissions by UHRC lawyers for the complainant and lawyers for the accused; and issuing of tribunal decisions (judgements/rulings) with remedies. In principle the burden of proof is on the complainant. Remedies may be in the form of payment of compensation or any other legal remedy or redress. The UHRC Tribunal uses language interpreters when the need arises.
• The Tribunal decisions are published in the Human Rights Reporter.
• The Tribunal decisions may be appealed against in the High Court, if there is any dissatisfaction.

For more information see the UHRC: Complaints Handling Procedure Manual.

Know Your Rights 24: The Uganda Human Rights Commission

The Ugandan Bill of Rights, Chapter 4 of the Constitution of Uganda, details the rights of all Ugandan citizens. Whether you are a person with a disability (PWD) or not, all these rights are yours and they are protected by law.

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.

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.

Disability Rights: Uganda Human Rights Commission

In the blog post Do you know your rights? it was shown that the basis of  human rights for the population of Uganda and more especially for persons with disabilities (PWDs) is the United Nations Convention of the Rights of Persons with Disabilities (CRPD). Chapter four of the Ugandan constitution guarantees the rights of all people in Uganda including PWDs (see Education: Disability and the Constitution). The Persons With Disabilities Act 2006 (PWDA) is the over arching law that protects these rights for PWDs in Uganda (see Ugandan Law: Persons With Disabilities Act and Education). This blog post will discuss the work of the Uganda Human Rights Commission (UHRC). 

The UHRC was established 1995 in the Bill of Rights which is Chapter 4 of the Constitution. The UHRC is a national human rights institution. It is mandated in Article 52 of the Constitution. Wikipedia explains:

The Commission is composed of a Chairperson, currently Mr Med S.K Kaggwa, and not less than three other persons, appointed by the President with the approval of Parliament. There are at this time seven commissioners. The Chairperson and Members of the Commission have to be persons of high moral character and proven integrity. They serve for a period of six years and are eligible for re-appointment.

Paul Emong in his 2014 thesis, The Realisation of Human Rights for Disabled People in Higher Education in Uganda: A Critical Analysis Drawing on the UNConvention on the Rights of Persons with Disabilities, summarizes the work of the UHRC in relation to education in the following manner:

The UHRC is the national human rights institution, established in accordance with the Constitution, to promote and protect human rights as well as monitor them in the country in line with international human rights instruments.  UHRC's competence and responsibilities is in tune with the international standards, spelt out by the Paris Principles relating to the status of national institutions for the protection and promotion of human rights. 

In summary, the breadth of the mandate of UHRC includes human rights promotion and outreach, investigation and resolution of complaints, commenting on the Bills before parliament, monitoring Uganda‘s compliance with international treaties and the Constitution on matters of human rights and performing any other human rights matter as may be provided by law. It also publishes periodic reports on the status of human rights in the country and submits those reports to Parliament annually.

In the performance of its functions, UHRC assumes the powers of the Judicial Court. On the investigation of the violation of rights of disabled people, there has been a general improvement in the way disability features in UHRC reports to parliament since 2000. In particular, the 2009 annual reports highlights the situation of disabled people in the country, challenges faced by disabled people in enjoyment of their rights and recommendations for the improvements of the human rights situation for disabled people. It appears the UHRC has done much on the issues relating to access to primary and secondary education, but little on higher education. This is the gap in the work of UHRC that needs to be filled to ensure that UHRC ensures a right to education for disabled people in higher education. 

On their website, the UHRC explains its functions which have been mandated by Ugandan law:

• 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;
• To visit jails, prisons, and places of detention or related facilities with a view of assessing and inspecting conditions of the inmates and make recommendations;
• To establish a continuing programme of research, education and information to enhance respect of human rights;
• To recommend to Parliament effective measures to promote human rights including provision of compensation to victims of violations of human rights, or their families;
• To create and sustain within society the awareness of the provisions of the Constitution as the fundamental law of the people of Uganda;
• To educate and encourage the public to defend this Constitution at all times against all forms of abuse and violation;
• 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;
• To monitor the Government’s compliance with international treaty and convention obligations on human rights; and
• To perform such other functions as may be provided by law.

The vision for human rights in Uganda, which is supported by law, is articulated by the UHRC in the following way:

UHRC Vision

A society that respects human rights and fulfils civic obligations.

UHRC Mission Statement

To protect and promote fundamental Human Rights and freedoms in Uganda for sustainable development.

UHRC Values and Principles

• Integrity
• Transparency
• Accountability
• Fairness
• Dignity of the person
• Independence
• Professionalism
• Non-discrimination

What can PWDs complain about to the UHRC?

The Uganda Human Rights Commission can investigate and resolve complaints of discrimination, harassment and bullying based on a person’s:

• sex, including pregnancy, marital status, breastfeeding, family responsibilities and sexual harassment

• disability, including temporary and permanent disabilities; physical, intellectual, sensory, psychiatric disabilities, diseases or illnesses; medical conditions; work related injuries; past, present and future disabilities; and association with a person with a disability

• race, including colour, descent, national or ethnic origin, immigrant status and racial hatred

• age, covering young people and older people

• sexual preference, criminal record, trade union activity, political opinion, religion or social origin (in employment only)

It is against the law to be discriminated against in many areas of public life, including employment, education, the provision of goods, services and facilities, accommodation, sport and the administration of Commonwealth laws and services.

The Commission can also investigate and resolve complaints about alleged breaches of human rights against the Commonwealth and its agencies.

The report highlighted key human rights concerns for the elderly, albinos, PWDs and ex-combatants

The blog post Report on the Rights of Persons With Disabilities discussed the work required by Uganda to fulfil its obligations as a signatory to the CRPD. The Committee on the Rights of PWDs: Concluding observations on the initial report of Uganda was a report written by the United Nations committee that oversees the progress on the implementation of disability rights law in Uganda. The UHRC gives input into that report. This summary of their findings gives an idea of the UHRC's scope of involvement in disability rights:

The Chairperson, Uganda Human Rights Commission led a delegation of stakeholders that have done a lot of commendable work in the promotion and protection of rights of persons with Disabilities. This delegation included representatives from National Council for Disability, Equal Opportunities Commission, Ministry of Gender, Labour and Social Development, NUDIPU and Uganda Human Rights Commission.

Uganda ratified the Convention on the Rights of Persons with Disabilities (CRPD) and its two Optional Protocols in 2008. In 2012, Uganda complied with its international treaty body reporting obligation by submitting its initial report to the Committee on the Convention on the Rights of Persons with Disabilities.

Consequently, in April 2016, Uganda’s record on the implementation of the CRPD was reviewed by the aforementioned Committee and concluding observations and recommendations were developed. To that end Uganda is meant to address the key human rights concerns and observations raised.

Under paragraph 69 of the concluding observations, the Committee enjoins Uganda to transmit the concluding observations and action to members of the Government, Parliament, officials in relevant ministries, local authorities, organizations of persons with disabilities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media.

On 15th June 2016, the UHRC together with NUDIPU and OHCHR disseminated these concluding observations to over 120 stakeholders including: the media; DPOs; education, medical and legal professionals.

These concluding observations and recommendations encompassed: harmonizing definitions of disability in various laws and policies and a systematic review of all legislation and bringing it in line with the Convention; adopting measures to amend and/or repeal legislation with derogatory terminology against persons with disabilities; providing for legal protection against disability-based discrimination, multiple and intersectional forms of discrimination facing persons with disabilities; incorporating the concept of reasonable accommodation in the legislation as defined in Article 2 of the Convention and recognition of the denial of reasonable accommodation as a form of discrimination based on disability.

In addition the Committee recommended for the repealing and elimination of legislation and practices that allow for deprivation of legal capacity on the basis of disability and the adoption of measures to prohibit deprivation of legal capacity on customary basis; adoption of measures to ensure that all persons with disabilities have access to justice including the establishment of free legal aid for persons with disabilities concerning their rights; and the dissemination of information in appropriate formats like braille, tactile, augmentative and alternative formats and the Ugandan sign language; establishment of a National Coordination Team for the implementation of the concluding observations; development of an action plan for the implementation of the CRPD; and strengthening the capacity of the Uganda Human Rights Commission with sufficient budgetary allocation and human resources to fulfill its mandate effectively.

The Commission in line with its constitutional mandate pledges to continue monitoring Government’s compliance with the CRPD and the concluding observations. In addition, the Commission plans to work closely with the Equal Opportunities Commission, National Council for Disability and Disability People’s Organizations (DPOs) in the monitoring the implementation of these concluding observations.

It is in recognition of the Parliament’s key role in ensuring that these recommendations are implemented by various Ministries, Departments and Agencies (MDAs) that the Uganda Human Rights Commission, the Equal Opportunities Commission, the National Council for Disability, the Ministry of Gender Labour and Social Development and the (DPOs) presented these CRPD concluding Observations and recommendations to the Human Rights Committee of Parliament consideration and action.

Therefore, Parliament is called upon to ensure that the rights of PWDs are promoted and protected in Uganda and to ensure the expeditious implementation of the concluding observations and recommendations by the various MDAs.

The UHRC is important for the monitoring and feedback on all aspects of human rights in Uganda. It is of particular importance to PWDs because of its monitoring of the CRPD. The UHRC is an independent body that protects the rights of all people in Uganda. PWDs are citizens of Uganda and as such have the same rights as every other citizen. Do you know your rights?