Female Genital Mutilation

Besides causing pain and trauma throughout life female genital mutilation (FGM) can cause physical disability. The trauma of FGM has stayed with the women in this video throughout their lives. In 2010 a law was passed making FGM illegal. The 4,000 year old tradition however remains strong. FGM is a violation of the human rights of women. The poster says:

ActionAid is currently implementing a campaign against Female Genital mutilation in Sebei region. The video captures voices and movements against the practice.

Ugandan Law: Persons With Disabilities Act and Education

There are specific laws in Uganda that protect the rights of persons with disabilities (PWDs). These laws are derived from conventions like for instance the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This blog post will discuss the Persons With Disabilities Act 2006 (PWDA), and look at what it means to education in Uganda.

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, offers an interesting discussion on the PWDA. It is useful to understand how PWDs are provided for in Ugandan law:

The PWDA largely draws together the meanings of those provisions on disability in other Acts with a view of bringing the Uganda disability legislation from the status of only requiring preferential treatment for disabled people through affirmative action to a status of conferring an equality of opportunity approach.

In education, this is indicated by an obligation on the State to promote educational development of disabled people and duties conferred on bodies such as higher education institutions to eliminate barriers to accessibility. This appears to be capable of increasing meaningful inclusion of disabled people at higher education.

The Act‘s objectives provide a broad scope of protection and are indicating that the Act‘s provisions can attain the goal of equality of opportunity for disabled people if those provisions are effectively implemented. The first three objectives concern fundamental aspects of human rights and how they can be achieved. The next three objectives state aspirations for the prevention of discrimination against disabled people. On fundamental aspects of human rights, the PWDA provides for the promotion of disabled people‘s dignity and equal opportunities as well as their participation in all aspects of life as equal citizens of Uganda. The PWDA aims to encourage the people, community and all sectors of government to recognise, respect and accept difference and disability as part of humanity and human diversity. The PWDA aims to eliminate all forms of discrimination of persons with disabilities on grounds of their disabilities by encouraging the government and community to promote and include disability issues in all economic, political and social development policies and programmes and by promoting a positive attitude and an image of persons with disabilities as capable and contributing members of society, sharing the same rights and freedoms as other members of society.
To realise those objectives in education, Part II of the PWDA guarantees disabled people a right to quality education. To fulfil that, it confers an obligation on government to promote educational development of persons with disabilities and prohibits discrimination against disabled people by educational services. This includes private educational service providers as the PWDA provides protection against violation of rights of disabled people by both government and private sectors. Part IV of the PWDA imposes duties on bodies including institutions of higher education to eliminate barriers to accessibility. Part V prohibits discrimination in the provisions of goods, services and facilities of which higher education is a provider. 

There are many problems defining disability. The definition in the PWDA relies heavily on the medical model (see Education and Disability: An Alternative Report to the UNCRPD). The medical model sees disability as something that belongs to the individual with the disability. It is not an issue for anyone other than the person affected. For instance, a wheelchair using student cannot get into a building because of steps, the medical model suggests it is because the wheelchair, not the steps that are the problem. In contrast, the social model sees the steps as a disabling barrier (see The social and medical model of disability). Paul Emong has some interesting comments about the Uganda legal definition of disability:

The aim of meaning of disability in a disability discrimination law like the PWDA is of determining the scope of those who deserve to be protected against discrimination based on their disability. In that respect, such meaning should not impose a challenge to those claiming discrimination against because of their disability to prove that they have a disability.

The PWDA defines disability as 'a substantial functional limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation.' And a person with disability as 'a person having physical, intellectual, sensory or mental impairment which substantially limits one or more of the major life activities of that person'.

Judging the Act‘s meaning of disability based on its main attributes, notably, 'substantial functional limitation,' 'daily living activities' and 'limited participation,' it can be stated that, its meaning can be restrictive and knotty for a claimant to prove a disability. Restrictive in the sense that it has the potential of locking out those facing discrimination arising from their impairments when the impairments are not considered substantially limiting. Couple to this challenge is the fact that the PWDA does not provide definition of what substantial or daily living means. The Act simply seeks the medical doctor to determine what that entails based on the disability coding provided for in schedule 1 of the Act. In this coding, disability is perceived to be largely medical rather than a social issue and is classified according to its cause: amputation,  general diseases, diseases of the respiratory system, skin diseases, ear and eye defects, common injuries,  mental disorders,  organic nervous diseases, tuberculosis and others.

While it can be argued that the codes provide a comprehensive and exhaustive list of impairments with wide scope to capture any impairment associated with injuries, illness and congenital conditions, one has to prove that they are substantial, long term and affect daily living activities to qualify to be protected by the Act. Also, because of it largely leaning on medical perspective of disability, in litigation, it can draw attention more to the particularities of claimants' bodily functions rather than onto the behaviour of defendants on discrimination claim. As such, it may not send out a clear message that '[n]on-discrimination is a guarantee of equality' and 'not a special service reserved for a select few'. Even the Disability Policy 2006, is not helpful in remedying the restrictive challenge of meaning of disability in the Act, as also the Policy does not define these terms. The Policy simply states that its focus is on people who have: difficulty in hearing; difficulty in speaking and conveying a message; difficulty in moving around using body parts; difficulty in seeing; strange behaviour; epilepsy; difficulty in learning; leprosy; loss of feeling; multiple disabilities.

It can therefore be stated that, the meaning of disability as stated in the Act can render the overall intent of the Act ineffective to those facing disability discrimination and yet they cannot prove having a disability within the context of meaning of the Act as discussed on direct discrimination in the blog post, Human Rights: Education and Discrimination in Uganda.

In Uganda, the meaning of disability has not yet been subjected to judicial interpretation due to the limited litigation related to disability in the country. This adds to the critical challenges facing the meaning of disability in Ugandan law. This means, controversies surrounding the meaning of disability, with a potential of presenting the opportunities for improving the PWDA‘s meaning of disability is not yet explored.

The PWDA protects the rights of PWDs in many areas, it prohibits discrimination against PWDs in education, employment and provision of goods services and facilities. It does not provide a comprehensive definition of discrimination. Emong offers the following summary of the situation:

The PWDA 2006 through its provisions on discrimination of disabled people in educational services, making the educational environment accessible and promotion of educational development of disabled brings Uganda disability legal framework broadly into line with the CRPD on education. However, the challenge is that the language used in the Act makes it challenging to enforce. 

The PWDA requires the government to promote educational development, the government is required to:

i. Encourage inclusive education. It also provides for the establishment of special schools and units, with curricula designed for different disability conditions. However, the Act itself does not provide guidance on what is possible or not possible in inclusive education practice. This appears to be left to the discretion of the relevant educational authority.

ii. Ensure relevant personnel in inclusive education by training of special teachers and in service training for current teachers in mainstream schools. Also to enforce recruitment and retention of special education teachers in all schools and institutions.

iii. Formulate and design educational policies and programmes that devote attention to the special needs and the requirements of persons with disabilities in educational facilities, paying particular attention to girls and those in the rural areas.

iv. Provide structural and other adaptations in all educational institutions appropriate for the needs of persons with disabilities and promote specialised institutions that facilitate research and development of their educational needs.

v. Commit not less than 10% of all educational expenditure to the educational needs of persons with disabilities. This is a great provision as it safeguards the budgets for disabled people. However, it is not clear whether this provision applies to the government or to institutions themselves... 

vi. Provide during examinations assistive devices suitable for students with special needs including giving extra time. This provision mandates the institutions to comply with the reasonable accommodation provisions in the CRPD and will strengthen the meaning of discrimination as discussed in section of meaning of discrimination above. 

The PWDA provides a duty to bodies, including institutions of higher education to eliminate all forms of barriers arising from physical features:

• Access to buildings - all areas open to the public should be accessible to anyone.
• Access to information - for instance providing braille copies of documents for the blind.
• Inaccessible features should be removed - alternative means of access should be given to areas not accessible.
• Provide auxiliary aid or services - like a sign language interpreter or braille materials (see PWDA 2006).

Emong concludes his discussion:

It can be stated that the PWDA's provisions on accessibility indicate that Uganda law on accessibility is wide enough to bring about disabled people‘s access to premises, buildings, information, and removal of inaccessible physical features as well as requiring the provision of auxiliary aids or services and support services. Despite such robustness of the accessibility requirements, in Uganda there is a wide gap between what the accessibility law requires and the reality in complying with the accessibility requirements. This is attributed to the constraints relating to costs, attitudes and ignorance of economic benefits. It is noted that small-scale investors and local governments often do not meet accessibility requirements due to their narrow income base. It is further observed that the law enforcers perceive that ensuring compliance with accessibility requirements would discourage such small-scale investors.  Coupled with that, it is noted there is also a perception among some business communities that disabled people are few, so it is not economically beneficial to the business to increase production costs by providing adjustments. There is also a widespread lack of knowledge and skills on how to meet the access needs of disabled people...

Give a S#!T! for Accessible Toilets!

This 2014 article When information is hard to get highlights many of the problems identified by Paul Emong above in areas other than education. Access affects people in many ways, each disability has its own unique requirements. With sensitivity to the issues of PWDs it would be possible to provide access. In this regard the PWDA 2006 is an essential tool:

When he was only six months old, Alexander Barugahare accidently touched a reed plant, (orubingo) which harmed his eyes. The 25-year-old says he was taken to Kasese Hospital for an optical surgery operation after the incident but it was too late for doctors to save his sight. In 2001, Barugahare says he was operated on for the second time in Mbarara and managed to recover little visual ability though it is not enough for him to see like others with normal eyesight.

Currently a first year student at Kyambogo University, in the Faculty of Special Needs and Rehabilitation, Barugahare is one among many persons with disabilities (PWDs) struggling to access information and public transport in the country.

“I only access government programmes through radio but to access television content, I have to listen attentively because I cannot watch the pictures,” he says.

He adds that voice command software used in computers cost about Shs1m, which is expensive for many PWDs.

“The major challenge is accessing written information from my colleagues and also them accessing mine basing on that fact that I use braille to communicate,” says Barugahare as he holds the braille machine, which his hand can locate with ease in his room at the North Hall.

A study conducted by Africa Media Barometer (AMB) in 2012 in Uganda, indicated that PWDs have been neglected in terms of access to Information Communication Technology (ICT). This is, however, contrary to the fundamental human rights as provided for in the fourth chapter of the Constitution of Uganda.

Article 29 of the Constitution provides for freedom of expression and press for all citizens. It also says, under Article 41 that every citizen has a right to access information in the State’s possession. The National Association of the Deaf (UNAD) executive director, Ambrose Murangira, also says it is a challenge for PWDs to access information.

“Most government programmes are communicated through radio channels. 90 per cent of the blind and deaf did not go to school which makes it hard for them to access communication in the newspapers,” says Murangira. As the government builds telecentres around the country through The National Information Technology Authority (NITA), people like Barugahare want it to allocate spaces for the disabled and also cut on the cost for the voice command software together with other accessories for PWDs.

Uganda happens to be a state party to the United Nations Convention on persons with disabilities. Uganda also adopted the treaty in 2008 and doubles as a member of the implementing committee of the Convention of persons with disabilities. With the AMB report citing little consideration that has been given to the needs of blind and deaf people in both the policy and the application of ICTs, UNAD is calling upon the government to implement the UN treaty on the rights of PWDs after it was signed to be implemented as a domestic law.

“I think that as PWDs, we get less than 10 per cent of the information from government about its programmes. For instance, it’s only Uganda Broadcasting Corporation (UBC) out of the television stations which has a sign-language interpreter for news but not all progammes,” says Murangira, adding that NBS Television also has one programme for the Week news reviews that happens only once at the weekend. NTV Uganda also has an interpreter only for the news review on Sunday (Seven Days) as well. However, a sign-language interpreter should be viewed on all the programmes as required by broadcast guidelines issued by the Uganda Communication Commission (UCC).

Doreen Ndeezi, the TV manager at UBC, says they have a sign language interpreter to enable the hearing-impaired access all the news programmes and other national events for example, the State-of-the-Nation Address and Budget reading day coverage. However, she says, recorded television programmes are a challenge in terms of human resource and time, saying that the station has few sign language interpreters.

For Barugahare, he would like the newspapers to appreciate that the blind cannot access print copies and should consider having stories put in braille in some sections of the news.

Hellen Atuhaire, 22, who has total visual impairment, says her wish is to fully participate in government programmes but some such as the electoral process, do not engage PWDs very well. Atuhaire says through the Electoral Commission, the government should develop ballot papers that allow the blind to vote candidates of their choice.

“Sometimes our guides use the opportunity to tick candidates who meet their own interests, not for us the blind,” says Atuhaire, a student of Guidance and Counselling at Kyambogo University.

Although the cost of hiring a guide to the visually impaired persons is high, Kyambogo University hires a guide for every blind student admitted to the institution. Leonard Ssewaje, a guide to Barugahare, says the university pays him Shs10,000 per day to help him go about his day-to-day activities. 

According to Murangira, the association of the deaf together with other activist groups have been trying to push for the amendment of the Person with Disabilities Act 2006 in vain. 

Uganda enacted the Persons with Disabilities Act in 2006, in fulfillment of the constitutional imperative under Article 35 (2) which states: “Parliament shall enact laws appropriate for the protection of persons with disabilities.”

“Unfortunately, in many instances this Act was drafted in vague and imprecise language, which failed to clearly articulate the agencies or persons bound to fulfill a number of the guarantees therein,” reads a memorandum of understanding signed between the Minister of Labour, Gender and Social Development, and a rights group, Disability Rights Coalition.

At the end of the day, PWDs have as much right to access public services. Such initiatives as that which Kyambogo University has, should be the norm and not done only by a few institutions.

The difficulty with using public transport

In a wheel chair acting as his office chair, Gabriel Nixon Okeny, the Warden of North Hall at Kyambogo University, says the wheel chair is always seen by public transport operators in Kampala as a hindrance and an inconvenience.

“My colleague was told to pay both his transport fare and for the wheelchair,” says Okeny, adding that the friend wheeled himself up to town after being asked to pay double.

The Uganda National Association of the Deaf (UNAD) executive director Ambrose Murangira explains that it is a big challenge for a deaf or blind person to identify a bus plying their route with the current transport system.

“For example when you board a bus how can a deaf or dumb person tell the bus driver to stop when they want to alight to their final destination?” asked Murangira. “You normally hear passengers telling the driver maasaowo (loosely translated to mean, ‘I shall be getting out there) but how can a PWD as him to stop?” asks Murangira.

He adds that it’s only the defunct Pioneer buses that were numbered to enable the deaf identify the buses for their routes. “It’s in Switzerland to be specific Zurich where buses are well numbered and can easily favour the PWDs.”

Alexander Barugahare, who has a vision impairment, says that taxi drivers sometimes charge him a lot of money once he is moving alone in Kampala.

“I prefer using boda boada because they help me reach my final destination and also help act as my guides at times,” says Barugahare. When alone, Barugahare uses the white chain as his path finder. The walking chain is a foldable walking tool for people who are visually impaired. It costs about Shs70,000.

Okeny says that town navigation on a wheel chair is not easy for PWDs due to lack of supportive infrastructure and the government should come up with laws that compel those in the public transport system to help the disabled.

However, according to the National Road Safety Council under the Ministry of Works and Transport, there is lack of an existent policy towards enabling access for PWDs.

Nathan Tumushabe, the secretary National Road Safety Council, says one of the problems is that the current vehicles like taxis were designed as goods carriers but are now being used as passenger transport, making it hard to accommodate a PWD.

Tumushabe also says that the possibility of incorporating facilities that can enable PWDs have easy access is limited due to the manufacturing design which does not provide space for the wheel chair in instances of crippled persons. To make matters worse, “Matatus normally encroach on the pedestrian walk-ways due to limited road space and same applies to high raised road-side pavements which make it difficult for wheel chairs to roll onto the road,” he says.

The blame, Tumushabe insists, should be taken collectively by every citizen due to limited awareness on needs of the PWDs. He also faults the physical planning authorities that continue to design roads with limited space for the various groups of people.

According to the proposed amendments to the law, Uganda National Bureau of Standards (UNBS) should ensure that all goods and products manufactured or imported into the country are to an extent reasonably possible of a universal design, and are designed in such a manner that they can reasonably and easily be modified for the use by persons with disabilities.

“Provisions shall not exclude the manufacture or importation of assistive devices and technologies specifically designed for use by persons with disabilities,” it adds.

But there is hope, with the proposed road Transport Safety Policy and the Bus Rapid Transport (BRT) system. Under the policy and the BRT systems, operators will be required to import vehicles that are designed to cater for the needs of PWDs.

“The now defunct pioneer busses had a provision for PWDs, the same should be adopted for the new public transport system, implying that for any Passenger Service Van (PSV) to be licensed, it must meet all requirements,” says Tumushabe.

John Ndyomugyenyi, the national chairman, Uganda Transport Operators and Drivers Association (UTODA), says that there are some efforts to ensure that the PWDs access the taxis. “Although the current mode of transport does not favour the disabled, the newly constructed taxi park has provisions for PWDs and also, our touts are advised to give them first priority seats behind the driver’s seat,” says Ndyomugyenyi.

According Ndyomugyenyi, the priority seat enables the PWDs to enter and exit the vehicle with ease. He adds that with modern transport systems in modern economies, the transport modes provide special slots for PWDs in terms of space and while boarding and disembarking from the vehicle.

However, when we visited the New Taxi Park, there were no signs of special treatment extended to PWDs in terms of accessing the facility and or even assistance being rendered to them while boarding the vehicles. Brian, as he chose to be identified, is blind and he came walking with his white chain following the voice of a taxi tout shouting “Nansana stage” in the New Taxi Park. Brian had to find his way into the vehicle without any assistance.

“We make it on our own to the park because no one seems to have time for us,” Brain said softly, when asked about how his experience in the taxi park.

Unlike road transport which operates under no policy favouring PWDs, air transport is doing better with regulation by the International Civil Aviation Organisation (ICAO).

Sandra Munduru, an air transport officer at the Works ministry, says: “According to Standard and Recommended Practices (SARPs), annex nine talks about facilitation and handling of people with disabilities. In practice, at the airport, we use ambu-lifts. Ambu-lifts are used by ground handling agents to help PWDs disembark from the aircraft into the wheelchairs.

Okeny testifies to this: “I was helped onto the aircraft at Entebbe airport when I was travelling to Romania,” Okeny observed adding that airports have systems that favour PWDs.

Because Uganda has pledged to ensure the rights of PWDs are met, it is upon the government to enforce the laws so that people like Barugahare and Okeny can easily do what everyone else does.

PWDs have a right to access public services

On June 6, 2014, Disability Rights Coalition presented its proposed amendments regarding the Persons with Disabilities Bill, 2014 to the Minister of Labour, Gender and Social Development.

Part three of the Memorandum of Understanding, between the rights group suggests many amendments, including : right to education, right to healthcare, access to public services and facilities, affirmative action in favour of persons with disabilities, prohibition of cruel, inhuman or degrading treatment, and participation in public life, among others.

The Act defines accessibility as the possibility of a person with a disability to reach a place and manoeuvre within it, use a service, receive information issued by a public place or service, and to participate in the activities provided by a public place or service, on an equal basis with others, with dignity, independence, and safety.

Section 38(1) of the Act states: “Persons with disabilities have a right to access public services, facilities, and public building and not to be discriminated against in exercising this right.”

It adds, under (2): “The facilities referred to in sub-section (1) above include but are not limited to all places of public resort, including health care facilities, public offices, places of worship, recreational and sports facilities, judicial and law enforcement facilities, including police stations and courts of law, public transport facilities, schools and institutions of learning, public roads and pedestrian pathways and walkways.”

In summary, the PWDA draws together all the strands of laws relating to PWDs in one overarching framework. The PWDA obliges the state to uphold and protect the rights of PWDs. Perhaps the greatest weakness of the PWDA is its definition of disability that still relies on the medical model. A further weakness of the PWDA is its definition of discrimination. However, the PWDA follows the spirit of the CRPD. Uganda is providing a good legal framework for the implementation of the CRPD.

Know Your Rights

A documentary about chapter 4 of the Ugandan Constitution, the Bill of Rights. This is a very important human rights document for all Ugandans. All Ugandans should know and understand their rights. All the Articles discussed in this video apply to person's with disabilities (PWDs). Notice in particular: "PWDs have a right to respect and human dignity. The state shall take measures to ensure that PWDs realize their full and mental potential." The poster says:

This documentary is a simplified version of the articles enshrined in chapter four of the constitution of the republic of Uganda designed in an audio-visual format. It was produced to increase general human rights awareness in society so that people can have a vivid grasp of knowledge of the rights contained therein and demand for them.

For more information visit THE HUMAN RIGHTS CENTRE UGANDA.

Education: Disability and the Constitution

Uganda is a signatory to the United Nations Convention on the Rights of Persons With Disabilities (CRPD). The CRPD is enshrined in Ugandan law. The blog post Do you know your rights? presented an overview of the CRPD. How does the CRPD fit into Uganda law and what is its relationship to education? To answer the first part of this question, it is important to understand the significance of the constitution of Uganda and how it relates to persons with disabilities.

Wikipedia says the constitution is the supreme law of Uganda. The current constitution came into action on the 8th October 1995. In 2005 presidential term limits were were removed and a multi-party political system was legalized. The constitution of Uganda sets limits on the powers of the government of Uganda.

The State House of Uganda describes the importance of the constitution in the following way:

• The primary function of a constitution is to lay out the basic structure of the government according to which the people are to be governed. It is the constitution of a country, which establishes the three main organs of the government, namely, the legislature, executive and judiciary.
• The constitution of a country not only defines the powers allotted to each of the three main organs, but it also significantly makes a clear demarcation of the responsibilities assigned to each of them. It effectively regulates the relationship between these organs as well as the relationship between the government and its people.
• Since the country’s constitution stands superior to all the laws framed within the territorial precincts of the country, any law enacted by the ruling government has to be in conformity with the concerned constitution. As such, the citizens would, in turn, be abiding by not just the law, but also working in sync with the demarcations of the constitution laid by the country.
• The constitution does not simply provide a recipe for an efficient government, but also deals with limitations on power. Since power corrupts and absolute power corrupts absolutely, a constitution is established to restrict the abuse of power by those who conduct governmental functions.
• The constitution of a particular country lays down the national goals which form the basic edifice on which the nation rests upon. For instance, the constitution of India has inscribed in it the primary facets of the nation which are democracy, socialism, secularism and national integration. 
• A constitution, besides thrusting on the rights of the citizens of the concerned nation, also has embedded in it the duties that the citizens require to adhere to as well.

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, gives an overview of the constitution and its relation to PWDs. Emong then discusses it relation to education:

The current constitution in force is the Constitution of the Republic of Uganda 1995 as amended by Act No. 13 of 2000. Like for every country, the protection of human rights in Uganda should be understood within the general context of its political history and its effects in nurturing the rule of law, constitutionalism and enjoyment of human rights. One of the key indicators of the political dynamics in Uganda is the change of constitutions, as the coming in of the new Constitution is associated with the change of government (country‘s leadership) or style of leadership. Uganda, since its independence from the British rule on 9th October 1962, has had four constitutions, including being governed on the basis of presidential decrees, during Amin's regime (1971-1979). The four constitutions are the 1962, the 1966, the 1967 and the current one in force - the 1995 Constitution. It is important to note that, change of Constitutions provides a picture of the protection, promotion, fulfilment and realisation of human rights in Uganda, including the rights of disabled people.

Chapter four of the current constitution guarantees for the protection and promotion of fundamental and other human rights and freedoms for all, including disabled people. Overall, it guarantees equality and freedom from discrimination to all. In particular, the constitution prohibits direct discrimination against any person on grounds of disability, age, sex and economic status.

On education, the constitution guarantees that all persons have a right to education. The spirit of the constitution as indicated by its principle objective XVIII (Education Objectives) places an obligation on government to promote free and compulsory basic education, take appropriate measures to afford every citizen equal opportunity to attain the highest educational standards possible and allow individuals or groups freedom to found and operate educational institutions within the general educational policy. This mirrors the provisions on education in the International Covenant on Economic, Social and Cultural Rights (ICESCR), article 13.

The ICESCR is treaty that was adopted by the United Nations on 16 December 1966, It was in force from 3rd January 1976. It commits all parties to work toward giving economic, social, and cultural rights for the people under their jurisdiction, granting labour rights and the right to health, the right to education, and the right to an adequate standard of living (see Wikipedia).

Further more, article 13 of the ICESCR is designed to echo the article 24 of the CRPD, the right to education, (see The Right to Education in Uganda). The ICESCR affirms that education and lifelong learning should be directed to the development of a disabled person's personality, talents and creativity, as well as his/her mental and physical abilities, to his/her fullest potential and to enable a disabled person to participate effectively in a free society. Emong continues, describing the Ugandan constitution looking at article 13 of the ICESCR:

It also applies to disabled people by virtue of the generality of the constitutional rights. In particular, it provides a background for operationalisation of article 24 of CRPD on education as Uganda is a State party to the CRPD. However, the constitution does not provide specific ways how the realisation of this right is to be enforced.

On disability rights, the constitution provides for specific provisions on disability. Together with other constitutional provisions as those also apply to disability by virtue of the generality of the constitutional rights, the constitution therefore, provides a strong and wide ranging mandate to the state on disability inclusion. Of particular importance to bringing disability inclusion are the provisions on affirmative action, representation of disabled people in parliament and provision on parliament to make laws to give effect to the promotion, protection and realisation of human rights for marginalised groups such as disabled people. Through those provisions, a wide ranging scope of the disability legislation has been enacted in Uganda. As such, the Uganda disability legal framework is seen in three strands i.e. the constitutional guarantees on disability; provisions on disability in other equality laws; and disability-specific Acts of Parliament. The scope of that legal framework on providing for equality, access and inclusion of disabled people in higher education is the focus of this section.

... it is also important to point out that, two important effects associated with the above constitutional provisions; as such effects also have direct impact on disability inclusion. One, disabled people are represented in Parliament by 5 MPs regionally elected. Their being in parliament makes disability equality visible in Acts of Parliament and this is significantly broadening Uganda's disability legal framework. Another effect is the development of a strong disability structure in Uganda as a voice of disabled people. This also plays an important role of creating awareness, advocacy and policy influence for inclusion of disabled people. 

These disability rights groups (DRGs) like NUDIPU, the National Union of Disabled People Uganda are legislated for in the constitution. This integration will be discussed in a subsequent post.

PWD’s electing their representatives for the 10th Parliament at Collins Hotel Mukono

This article from 2013, UK minister hails Uganda on disability action, highlights the importance of Uganda's disability legislation:

Lynne Featherstone, the visiting UK minister for disability, has hailed Uganda’s efforts to address challenges of people with disabilities.

In her keynote address at Sheraton Hotel in Kampala, the diplomat said Uganda had played a key role in the promotion of disability rights in the country and Africa.

“Uganda was one of the first countries anywhere to ratify the UN Convention on the Rights of Persons with Disabilities. You have enshrined the rights of people with disabilities in your constitution, which also recognizes sign language as a national language,” she stated.

She noted that persons with disabilities were well represented right from Parliament to village levels and commended the strong disability movement.

Featherstone, however, said there were challenges in addressing the welfare issues of persons with disabilities as well as discrimination.

“Despite this progress, Uganda still faces a number of challenges when it comes to giving people with disabilities a chance to earn a living and building their own lives,” she said.

She noted that majority of persons with disabilities, especially girls, are faced with unique challenges that hinder their education.

Featherstone is on a three-day visit to see the efforts of Uganda and NGOs in the empowerment of people with disabilities.

She is MP for Hornsey and Wood Green. She is also UK's international violence against women champion.

Featherstone noted that disability was a global challenge, including in her own country where disabled persons are discriminated against and lack access to basic services.

She pledged UK’s support for disability programmes in Uganda and said all schools built with her country’s support will be designed to ensure they are accessible to persons with disabilities.

With the end of Millenium Development Goals (MDGs), she rallied Uganda to take part in the post-2015 framework that seeks to include disability as one of the next global targets.

British Paralympic star, Ade Adepitan, who accompanied her for the visit, appealed to Government to promote sports for persons with disabilities. “Sports helped me to become independent because I did not want to rely on anyone.

Sports can break down barriers to success for persons with disabilities,” he said. The state minister for the elderly and disabled, Sulaiman Madada said Government was committed to improving the welfare of persons with disabilities by enacting disability laws, establishing social grants, political representation and community rehabilitation programmes.

The MP for people with disabilities (central region), Alex Ndeezi urged Government to integrate disability in all government programmes.

The constitution of Uganda is the document that sets the limits on the organs of government. Through the constitution human rights of all Ugandans are assured. Additionally, through affirmative action legislation in the constitution 5 MPs are admitted to parliament to represent all PWDs. The constitution underlines: All people are equal and there should be be no discrimination on the basis of disability, age, sex or economic status. Do you know your rights?

What a difference an education can make?

The incredible story of Christopher Ategeka and how he is making a difference in his Ugandan village community. Mr Ategeka who was an AIDS orphan was brought up by his deaf mute grandmother who also brought up 5 siblings. He  now runs a business in Uganda that manufactures bikes and wheelchairs for the disabled. The amazing story is here:

Can a Northern California student and engineer help his fellow Ugandans? Christopher Ategeka will tell you through his personal experience that the answer is an emphatic "yes."

Christopher Ategeka is the founder and managing director of CA Bikes. Chris was born and raised in a small village in western Uganda. After losing both his parents to AIDS by the age of seven, he experienced years of hardship, striving to complete his studies and take care of his five younger siblings. Through YES Uganda, a non- profit organization, and sponsorship by an American host family, Chris was given the opportunity to move to California to enroll in school at the University of California, Berkeley. Chris graduated with highest honors in Mechanical Engineering.

Chris' organization, CA Bikes, designs, manufactures and delivers high quality, life saving two wheel and three wheel products to African families, farmers, business persons, and individuals with disabilities. By harnessing the most unusual of raw materials, scrap piles, used metal, and other locally sourced recycled materials, CA Bikes' engineering team makes products that save lives.

Uganda: Primary and Secondary Education Statistics

Education in Uganda: High Dropout Rates and Education and Disability: Dropout Figures for Uganda showed the high number of dropouts in primary education. Disability and Literacy/Numeracy in Uganda showed details of the percentage of children that had completed P5. People who have passed the 5th year of primary school (P5) are considered numerate and literate. Dropouts were presented as a proportion of those CWDs that were being educated. Numeracy and literacy figures were presented as a percentage of those enrolled in education. How many children with disabilities (CWDs) are enrolled into education in primary and secondary schools?

According to the World Bank in 2015 48% of the population of Uganda is 0-14 years old. The Population of Uganda in 2015 was estimated to be 39,032,383 that means that 18,735,544 of Uganda's population is under 15 years old. Education is therefore an important concern for all Uganda citizens, more so for CWDs.

The Uganda Demographic and Health Survey 2011 shows that between the ages of 5-9 years 11.5% of the population has some form of disability, for children aged 10-19 years 12.3% have some form of disability.

Paul  Emong's 2014 thesis The realisation of human rights for disabled people in higher education in Uganda: a critical analysis drawing on the UN Convention on the Rights of Persons with Disabilities has some interesting statistics on the number of CWDs enrolled into Primary education. The data in Table A is collated from tables in his thesis.

Table A: Total number of pupils enrolled to primary schools from 2002-2004

Year	Total Intake of Pupils	Total Intake of CWDs	Percentage CWDs
2002	1,847,160	48,063	2.6
2003	1,914,893	51,965	3.1
2004	1,837,277	44,866	2.4

Primary school begins at 5 years and finishes at 11 years old in Uganda, between these ages 11.5-12.3% of the children have some kind of disability. It would be reasonable to expect that  11.5-12.3% of the of the intake for 2002-2004 was disabled instead of the 2.4-3.1% reported.

THE STATE OF THE WORLD’S CHILDREN 2013: Children With Disabilities reports the following interesting graphic:

Four Case Studies

A possible criticism of the 2002-2004 data for admissions to primary schools is that these figures have been calculated from inaccurate data on the number of the population reporting disability. The best that can be said therefore, for the 2002-2004 figures is that they may be very inaccurate. However, data compiled by this blog, from Ugandan Statistical Abstracts for 2010 and 2011 using current disability statistics confirms Emong's findings. See Table B below:

Table B: Total number of pupils enrolled to primary school from 2010-2011
Compiled from UGANDA EDUCATION STATISTICAL ABSTRACT 2010 and UGANDA EDUCATION STATISTICAL ABSTRACT 2011.

Year	Total Intake of Pupils	Total Intake of CWDs	Percentage CWDs
2010	8,374,648	205,018	2.4
2011	8,098,177	197,200	2.4

Table B shows clearly that 2.4% of the total intake were CWDs. There are no figures on the total number of CWDs in Uganda. However, the proportion of the total intake should be between 11.5 and 12.3% CWDs, it is around 2.4% meaning that almost 80% of CWDs that would be expected to receive a primary education are not going to school. 

Secondary education: The 2014 report The state of ACCESS TO EDUCATION BY WOMEN & GIRLS WITH DISABILITIES, THE CASE OF UGANDA gives the following information:

• Table of enrollment in Secondary school, students with Special Needs (2007-2010)

Table C: Total Intake to Secondary Education 

Year	Total Intake of CWDs	Percentage CWDs
2007	12,103	1.3
2008	11,145	1.0
2009	13,418	1.1
2010	12,993	1.1

Secondary education begins at the age of 12 years, at that age 12.3% of the children have some kind of disability. It would be reasonable to expect that 12.3% of the of the intake for 2007-2010 was disabled instead of the 1.0-1.3% reported. This means that more than 89% of CWDs that could be expected are not attending school. 

In summary, the tables presented above show that inclusive education in Uganda is failing CWDs. Almost 80% of CWDs are not even starting education. The situation for secondary schools is even more dismal, almost 90% of CWDs that could be expected at school are not attending. These figures show clearly that schools in Uganda are far from inclusive and that the whole notion of inclusion in Uganda has a long way to go. 

Inclusive Education in Uganda

In Uganda: The Importance of an Inclusive Education Christa Preston spoke about Oliva. In this video we can meet Oliva and understand why Christa is helping children with disabilities like Oliva. The poster says:

Meet Oliva, an incredible young woman from Uganda. Oliva is fluent in three languages, Luganda, sign language and english. She loves to cook and has aspiration to open a restaurant one day. But she was born in Uganda, where her disability (down syndrome) defines her and has left her battling discrimination and abuse. She will take a stand in her country to showcase the potential in all children.

Teachers' Perspectives on Inclusive Education

What is Inclusive Education? explained that inclusive education helps removing the prejudice and stigma of disability. Moreover, education is essential for combating poverty (see Overview of Poverty in Uganda and Poverty and Disability) even a small gain in education can help reduce poverty. With this in mind, educating everyone in Uganda is of the utmost importance. 

Inclusive education has many other benefits for those involved (see Uganda: The Importance of an Inclusive Education), for instance fostering friendships between children with disabilities (CWDs) and their non disabled peers. Uganda has supported inclusive education since 1991 (see Inclusive Education in Uganda). In the light of the importance of inclusive education this blog post examines the experiences of teachers working in the inclusive or integrated class.

The 2002 research paper, Teachers’ and Pupils’ Experiences of Integrated Education in Uganda, offers an insight into teaching in the integrated setting in Uganda:

Under the Universal Primary Education (UPE) programme in Uganda, which was implemented in 1997, the idea of integrated education was put into practice. Today children with disabilities are enrolled in regular primary schools in the whole country. After three years of experience with UPE, the aim of this study was to examine the views of teachers about their needs for training and support regarding the task of teaching children with disabilities in ordinary classrooms. A qualitative approach was chosen using individual interviews, focus group discussions with teachers, pupils and head teachers, and observations in classrooms. Three primary schools in different districts of Uganda were selected as research sites. 

Sadly children's focus groups were not included in this research, but the experience of the teachers is illuminating. Many teachers started off with negative attitudes towards CWDs but came to appreciate and understand the children with whom they were working. The following sections details the experiences of teachers under common themes. (It should be noted that to maintain anonymity the three schools where teacher were interviewed were named School A, School B and School C):

 1. Problems. 

Two main problem areas were repeatedly mentioned by the participants. One related to the high teacher–pupil ratio which resulted in (a) insufŽfcient space, (b) insufŽfcient furniture and teaching aids, and (c) diffŽiculties in class control.

… if you have very many children because it can be difŽfcult for you to help this one child within that class because you have to mark the others, you are teaching, you have to go to another class … because he needs special attention. (Interview, School A)

The other was related to the lack of teacher training and special teaching aids for children with disabilities.

We need those improvements like Braillers, they are very important because they can help much in teaching those children … (Interview, School A)

2. Needs and competencies.

The teachers spoke about what they needed to be able to cope with the situation in their classes. These were partly material needs but they also referred to their own lack of skills and competence. These feelings were closely linked with the teachers’ confidence regarding their particular skills and competencies. Thus separating needs from competencies in the analysis proved problematic and so it was decided to group them together.

The material needs expressed by the teachers referred to the physical conditions (more classrooms, furniture, a hostel/boarding facility, facilities for vocational training), teaching aids, special aids for children with disabilities, and material support.

The Ž financial needs included a better salary and Ž financial support for the schools. As sources for this support teachers mentioned the government, donations from overseas, and non-government organisations.

Another group of needs included the need for more teachers, for special teachers, and their own training needs. Teachers expressed concern about the quality of education and were aware of their own lack of skills.

Teachers in all three schools assessed their own ability to teach children with disabilities and mentioned their competencies. Although many teachers talked about their lack of technical skills (i.e., concerning sign language), most of them felt conŽfident in terms of identifying a disability and gave a variety of examples how they did this. Some teachers mentioned short courses that helped them or argued that simply their experiences as teachers or as parents and their love for children qualiŽfied them.

Head teachers were interviewed in order to provide a more comprehensive picture of the situation in each school, and to cross check the information from interviews and focus group discussions. Two themes from these interviews were especially interesting for triangulation: “coping strategies” and “needs”. Table I (not included) shows that a number of needs were mentioned by all groups of respondents, especially the material and Ž financial needs. The training needs were similarly considered important by all groups, particularly by the head teachers.

3. Teachers’ opinions about children with disabilities.

Many teachers described children with disabilities either in general terms or referred to a child known to them. As the responses in the three schools were different the examples given in Table II are grouped according to the schools. In the School C Focus Group there were more negative opinions expressed than in the other schools. Many teachers talked about their own attitude change since they Ž first had children with disabilities in their classes. They related their negative attitudes to their own lack of knowledge and ignorance. Teachers remembered they were “shocked” when Ž first meeting these children but gradually got used to them (see Table II).

TABLE II. Range of teachers’ opinions about children with disabilities Positive opinions

School A 
“blind children are bright” (I)
“pupils with hearing impairment always perform well” (I)
“pupils with mental retardation develop skills like weaving, football” (I)
“like to be loved” (I)
“they like physical education, to play with others, to integrate” (FG)
“they can learn when they see” (FG)
School B 
“they are very eager to learn” (I)
“can improve” (I)
School C 
“they are promising, they will make something” (I)
“some of them are bright” (I)
“they are good at drawings and like writing” (I)
“make progress” (I)
“they are quiet, not so wild” (FG)
“can copy from the blackboard” (FG)

Negative opinions
School A 
“can be stubborn and hit other pupils” (I)
School B 
“he is mentally disturbed” (I)
“just like a mad person” (I)
“difŽficult to interact with” (FG)
“hard to handle” (FG)
School C 
“braggart” (I)
“don’t talk well, short tempered, they like fighting” (I)
“can even abuse a teacher” (I)
“very rude, beat their friends, cannot talk” (FG)
“we fear them” (FG)
“they don’t contribute to the community” (FG)
“withdraw because of failing” (FG)
“have a problem of inferiority” (FG)
“don’t want to interact, are always aside” (FG)
“any time feels like going out of class” (FG)

Teachers’ change in attitude
School A 
“First I didn’t like it (laughs), because some are funny looking at Ž first. I thought how will I manage these children, but eventually I got used to these children. And I started loving them.” (I)
School B 
“At Ž first we thought that those children are useless in this country … Ž first we saw a girl when she does not talk… she does keep quiet, but when the student came here we started to know and we loved that girl, we loved her very much.” (I)

Note. I = Interview, FG = Focus Group 

4. Coping strategies. 

Teachers were not only conŽfident on how to identify a disability, they also gave a wide variety of responses concerning “coping strategies.” These suggestions can be summarised as follows: (a) physical conditions (positioning in front of the class), (b) grouping (according to ability), (c) individual attention (extra help, explanation), (d) adaptations (content, methods), (e) communication (sign language, gestures, simple language), and (f) social–emotional support (encouragement, love, integration in class).

Although teachers had various suggestions on how to respond to a variety of needs in their classes only a few instances occurred where those strategies could be observed (see Table III - not included). When cross checking the suggestions made by teachers concerning their coping strategies with the observations of classroom situations, obvious differences become apparent. The comparison shows that the teachers had some knowledge of what strategies might be used but only a small proportion of the coping strategies reported by the teachers were actually put into practice.

5. Teachers’ experiences with parents. 

Teachers reported positive attitude change in parents of children with disabilities concerning the inclusion of their children. Parents who had regarded their children as “useless” appreciated their school attendance after they had seen their behaviour and skills improving. The high enrolment of children with disabilities after the introduction of UPE was, in the eyes of the teachers an indicator of parents being in favour of schooling for their children with disabilities.

6. Teachers’ opinion about the relationship between children with and without disabilities.

Teachers had observed a positive attitude change in children after they had talked to them and they got used to each other. Teachers saw themselves as role models for integration.

7. Teachers’ opinions about integration and segregation.

Although teachers valued the social beneŽfits of integration they were aware of the low standard of schooling in UPE schools. They argued for a “good” school that can respond to children’s needs.

The following, "Teachers’ opinions about children with disabilities" provide an insight into why the teachers from School C expressed more negative opinions about teaching CWDs:

Many teachers described children with disabilities either in general terms or referred to a child known to them. As the responses in the three schools were different the examples given in Table II are grouped according to the schools. In the School C Focus Group there were more negative opinions expressed than in the other schools. Many teachers talked about their own attitude change since they Ž rst had children with disabilities in their classes. They related their negative attitudes to their own lack of knowledge and ignorance. Teachers remembered they were “shocked” when Ž rst meeting these children but gradually got used to them (see Table II)...

... By comparing responses from teachers in School C, where a wider range of opinions and practical examples were recorded, it became apparent that teachers who were clearly opposed to integration showed little concern about different needs in their classes and had negative opinions about children with disabilities. Teachers who had a positive opinion about integration responded to different needs in their classrooms and showed concern about children with all kinds of special needs, even after the lessons. The teachers’ perceptions of their own role and task seems to have a major impact on how they do their work, also regarding children with disabilities. 

Teachers in these schools are teaching in a learn as you go style. There is little doubt the teachers are working to the best of their ability but it is clear they need more support. The government should be making the investment in education because it has been shown that even a small amount if education can help people overcome poverty. Education is seen as an investment that people cannot afford, yet is money well invested. The report summary brings out some of these points:

In addition to the high teacher–pupil ratio, there is an alarming lack of resources in the schools and an urgent need for teacher training to meet special needs in the classroom. Despite these difficult conditions found in schools, many teachers had positive attitudes towards integrating children with disabilities, but only a few examples from the classroom observations showed good practice for meeting a diversity of needs.

The following observations provide an insight into the complexity of a fully integrated school. It is no wonder that teachers request more training and support:

Children with special needs other than those relating to impairments were in attendance at all three schools. For example, many children had lost their parents due to AIDS or had AIDS themselves. Child abuse by parents and relatives, poverty, hunger and different diseases were common problems. Some teachers showed concern for these children and tried to respond to their needs in some way. It was obvious that disability was only one problem amongst many other problems that these children had.

Most teachers acknowledged that if they were given more training they would be able to help their pupils more effectively:

The limited opportunities for training expressed by teachers and head teachers were obvious in all the schools. However, even teachers without special training seemed conŽfident that they could assess pupils’ special needs to a certain extent and they also seemed to know if they had the competence to meet these needs. Many teachers had clear ideas about what they would like to learn in order to be able to meet those needs.

Educating children with disabilities is a good investment because it reduces welfare costs and future dependence.

This July 2016 article, PWDs’ parents petition top schools for inclusion discusses making secondary school inclusive. There is still a lot of work to be done to make schools inclusive. Secondary schools are very expensive. The article says:

Parents to children with disabilities have called upon top schools in the country to offer services that accommodate all children despite their disability.

Narrating her experience with raising a deaf child, Dr. Joyce Nalugya Sserunjogi, the chairperson Board of Directors at The National Association of Parents of Deaf Children (NAPADEC) said it was very hard to find a good secondary school for her deaf daughter, since most of the good schools did not offer accommodative services.

Nalugya who is also a consultant psychiatrist at Mulago hospital said that she discovered that her daughter was deaf as early as six months.

"My husband and I started learning sign language when she was about nine months, so as to understand how to communicate with her," she said.

Although it was easy to get a primary school for the child, Nalugya said it was quite tricky enrolling her into a good secondary school.

"We visited several schools, including the international ones, but they would tell us that they do not take on such children. When we finally reached Merryland high school in Entebbe, they said they had never dealt with such, but were willing to do so if we oriented them on how to take care of that child," she added.

"The school gave us an entire day to create awareness before the child started school.
She was the first deaf child they ever taught, so we had to identify and interpreter."

Much as the fees became expensive for the family, since they had to pay the interpreters salary and accommodation fees, the family and the school reaped big from their investment.

Nalugya says that by the time the child reached senior four, all her classmates had learnt how to use sign language and would interpret for her whenever the interpreter would be away. She adds that the school has now enrolled three more speech impaired children.

She thus called upon government to extend inclusive education to schools that have showed excellence in education.

She was speaking at a consensus building workshop on inclusive education, organised by the ministry of education, UNICEF and the Uganda society for the disabled, at Metropole hotel in Kampala.

Also sharing her experience as a person with disability, Helen Grace Azambo, the Eastern region MP for people with disabilities said she left Makerere University because she would handle.
"While at Makerere University, I would climb stair cases to the lecturer room slowly, and by the time I reached there, the lecturers would be done. I left and went to Kyambogo," she said.

Nonetheless, the state minister for primary education Rosemary Sseninde pledged to advocate for the training of teachers in handling children with disability.

According to the 2014 housing and population census, 12 per cent of children aged 14 and below, are living with disabilities.

Despite a lack of resources and training, integrated or inclusive education is being implemented by teachers all over Uganda. This task is not simple. Teachers require more backup and more training. Everyone acknowledges that inclusive education is of great benefit to all concerned. The great value of education for all children is underestimated. It is hoped that more funding will become available for hard pressed teachers. This funding becomes more important because there is a desire to move inclusive education from primary to secondary schools. 

Planning for Abilities 256

Planning for abilities 256, let's show the world everyone's abilities.