Night to Shine

Dinner with the Tim Tebow Foundation.

Remembering old times

Disability Rights 2: Objectives of the Persons With Disabilities Act

The Persons With Disabilities Act 2006 (PWDA) is one of the most significant laws for Persons with Disabilities (PWDs) in Uganda. It is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and brings those rights into law in Uganda. Whether you are a PWD or not, this law applies to you. 

Section 3 of the PWDA  describes why the Act was put into place. It makes the following important  points:

• PWDs have the same rights to dignity and equal opportunities as any other citizens. 
• The act was put into place to eliminate discrimination and promote a positive attitude toward disability. 
• Difference should be respected and accepted, disability is an important part of human diversity. 
• The act encourages the government and community to recognize the important contribution that PWDs make to the economy and society.

If you are a PWD and you feel you are discriminated against or you are not being treated with dignity and respect this law supports you. You have the right to be treated with dignity and respect. 

To get your rights, demand your rights. 

If your rights are violated you can make a complaint to the Uganda Human Rights commission, see Know Your Rights 25: Complaint - Getting you voice heard or the Equal Opportunities Commission, see Know Your Rights 27: Getting your voice heard 2.

Disability comes in many varieties, everyone deserves respect.

Section 3 of the PWDA describes the objects of the Act like this:

3. Objects of the Act 

The objects of the Act are—

(a) to promote dignity and equal opportunities to persons with disabilities;

(b) to develop and promote the participation of persons with Disabilities in all aspects of life as equal citizens of Uganda;

(c) to encourage the people and all sectors of government and Community recognize, respect and accept difference and Disability as part of humanity and human diversity;

(d) to eliminate all forms of discrimination of persons with Disabilities on ground of their disabilities;

(e) to encourage all sectors of government and community to Promote and include disability issues into all economic, Political and social development policies and programmes;

(f) to promote positive attitude and image of persons with Disabilities as capable and contributing members of society, sharing the same rights and freedoms as other members of society.

Disability Rights 1: Introducing the Persons with Disabilities Act

The series of posts, Know Your Rights 1: Fundamental Human Rights to Know Your Rights 27: Getting your voice heard 2 discussed the human rights laid out in the Bill of Rights, Chapter 4 of the Constitution of Uganda. Those rights are the basic human rights that every citizen of Uganda can expect.

Article 35 of the Constitution of Uganda states that persons with disabilities (PWDs) have the same right to respect and human dignity as other citizens. It further says that parliament will make laws to ensure that PWDs realize their full and mental potential.

One of the most significant laws written by the Ugandan parliament to support PWDs is the Persons with Disabilities Act (PWDA) 2006. The PWDA is modeled on the United Nations Convention on the Rights of Persons with Disabilities (CRPD) which Uganda ratified in 2006. (The blog post Do you know your rights? gives a summary of the CRPD). The rights given to PWDs in the PWDA are in addition to the basic human rights in the Constitution of Uganda.

How it all fits together: According to Article 24 of the United Nations Convention on the Rights of Persons with Disabilities, Section 5 of Uganda’s Persons with Disability Act and Article 35 of the Constitution of the Republic of Uganda PWDs have the same right to education as other citizens.

The African Disability Rights Year Book: Uganda summarizes the PWDA like this:

The Persons with Disabilities Act, 2006 is the primary legislation for the protection of human rights for persons with disabilities. It makes provisions for the elimination of all forms of discrimination against persons with disabilities and calls for the equalisation of opportunities.

The International Labour Organisation summarizes the PWDA like this (see Inclusion of People with Disabilities In Uganda):

The Persons with Disabilities Act, 2006, makes provisions for the elimination of all forms of discriminations against people with disabilities and towards equal opportunities. Also provides for a tax reduction of 15 per cent to private employers who employ ten or more persons with disabilities either as regular employees, apprentice or learner on a full time basis.

This series of posts will discuss the rights given to PWDs in the PWDA.

Know Your Rights 27: Getting your voice heard 2

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, they are protected by law.

If you are a victim of discrimination you can lodge a complaint with the Equal Opportunities Commission (EOC). There is no fee but you will need to give full information about the incident.

If you are a PWD and you believe that you have been discriminated against, it is your right to raise a complaint with the EOC. The EOC will review your case and take appropriate action.

Why make a complaint? By law the EOC must post reports on its findings and also report to the government on the state of equal opportunities in Uganda (see The Equal Opportunities Commission Act, 2007) This is a way of getting your voice heard. Your complaint will make the EOC and parliament aware of discrimination in Uganda.

1 in 5 people in Uganda has a disability.

Details about making a complaint are on the Complaints Handling page of the EOC website. 

THE COMPLAINTS PROCESS

One of the functions of the Equal Opportunities Commission as outlined in S. 23 of the Equal Opportunities Commission Act 2007 is to receive, investigate and, as far as possible, conciliate allegations of discrimination.

The Commission therefore has a legal right to investigate a complaint if the subject matter of the complaint falls within the purview of its mandate and the Act.

Know Your Rights 26: Equal Opportunities 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, they are protected by law.

Article 32 of the Constitution of Uganda it states that the government should take affirmative action to support marginalized groups. These groups are based on:

• Gender: Women are greatly disadvantaged and are often left to care for families.
• Age: Children and the elderly are some of the most vulnerable citizens in Uganda.
• Disability: This blog has shown the significant role of stigma and prejudice against PWDs.
• Any other reason created by history, tradition or custom: This is often taken to refer to disadvantaged tribal groups.

Article 32 (2) of the Constitution continues saying that the Ugandan Parliament shall make laws to form an Equal Opportunities Commission (EOC) to give full effect to the rights of marginalized groups (see Know Your Rights 13: The right to welfare of the disadvantaged).

The vision of the EOC is described as:

A just and fair society where all persons have equal opportunity to participate and benefit in all spheres of political, economic, social and cultural life.

Its mission is:

To give effect to the state’s mandate to eliminate discrimination against any individual or groups of persons through taking affirmative action to redress imbalances and promote equal opportunities for all in all spheres of life.

The EOC oversees government and state run enterprises, as well as businesses, non government organisations and social and cultural communities. The the EOC was created to work towards the elimination of discrimination and to promote equal of opportunities and affirmative action. 

If you are a PWD this means that you should be given an equal opportunity with other citizens applying for the job. It is against the law to discriminate on the grounds of disability. 

EOC recommends 3% of youth fund to go towards youth with disabilities. 

The Constitution of Uganda details Article 32 like this:

32. Affirmative action in favour of marginalised groups.

(1) Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.

(2) Parliament shall make relevant laws, including laws for the establishment of an equal opportunities commission, for the purpose of giving full effect to clause (1) of this article.

This was a post by NUDIPU today

Posted on Facebook.

My response was:

Why is it that PWD's form 12.4% of the population? That is rubbish! The Demographic and Health Survey 2006 shows the figure to be 20% of the population. 

In 2014 the Census figure drops to 12.4% because only 4 of the 6 basic questions of the Washington Study Group are asked to determine disability. Consequently a huge amount of PWDs are missed, (See How is disability measured in Uganda? for a more detailed discussion).

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.

Kisoboka: Disability Talent Search: Abilities 256 part 2

The second part of Delta TV's program for persons with disabilities (PWDs), Kisoboka. Kisoboka in the Luganda language means it is possible. This video features more of the first round of auditions for Disability Support Uganda's (DiSU's) talent search Abilities 256 held on Monday 23rd January, 2016. Enjoy the video.