Uganda


  • Patricia Atim P'Odong
  • Assistant Lecturer, School of Law, Makerere University
  • Adrian Jjuuko
  • Executive Director, Human Rights Awareness and Promotion Forum (HRAPF) 
  • The authors acknowledge the research assistance of Ms. Justine Balya, Legal Officer, Human Rights Awareness and Promotion Forum (HRAPF) and Ms. Lamara Barbra Can, Research Assistant , Public Interest Law Clinic, School of Law, Makerere University

1. Population Indicators

1.1 What is the total population of Uganda?

The population of Uganda as per the 2014 census is 34.6 million people, with an average annual growth rate of 3%.[1] This represents an increase of 10.4 million people from the 2002 census, which was 24.4 million people.[2] However, according to the 2016/2017 Uganda National Household Survey, the population had increased to 37.7 million people.[3]

1.2 Describe the methodology used to obtain the statistical data on the prevalence of disability in Uganda. What criteria are used to determine who falls within the class of persons with disabilities in Uganda?

The criteria used to determine who falls within the category of persons with disabilities in Uganda has been varied over the years, with different measures employing different criteria to determine the parameters. For instance, the prevalence of disability in the population according to the National Population and Housing Census of 2014 was estimated based on the Washington Group Short Set of Questions on Disability,[4] and the focus in this criteria is on factors that limit the individual’s ability to cope with various day-to-day tasks.[5] The specific focus is on sensory disabilities (particularly sight and hearing), physical/locomotive abilities, memory, concentration and mental cognitive abilities as well as communication/speech impairment.[6] The Uganda National Household Survey of 2009/2010 followed a substantial functional limitation approach rather than an impairment based model to identify disability.[7] On the other hand, in the National Population and Housing Census of 2002, identification and measurement of disability prevalence was based on the definition from the 1980 World Health Organization’s (WHO) International Classification of Impairments, Disabilities and Handicaps.[8] For purposes of that census, the focus was on physical or mental disabilities and handicaps lasting for six months or more, preventing the person from carrying out daily activities independently, or from participating fully in education, economic or social activities.[9]

1.3 What is the total number and percentage of people with disabilities in Uganda?

According to the latest Uganda National Population and Housing Census (2014), an average of 12.4% of all persons above the age of two years have disabilities.[10] This means that, of Uganda's 34.6 million people as at the time of the census, 4,290,400 persons are estimated to have a disability. In contrast, according to the 2009/2010 Uganda National Household Survey, the estimated population of persons with disabilities was 16%, or 5,088,000 people out of Uganda’s then estimated 31.7 million population in 2010.[11] The 2016 National Household Survey did not provide any information on the number of persons with disabilities.[12]

1.4 What is the total number and percentage of women with disabilities in Uganda?

According to the 2014 Uganda National Housing and Population Census, the prevalence rate of disabilities among females above the age of two years is 13.7%, as compared to 11.0% among males.[13] This is the only disaggregated data on the subject of disability prevalence among women as previous surveys (the 2002 National Population and Housing Census and the National Household Survey 2012) did not specifically provide data on this. The 2016/2017 Household Survey does not provide any disaggregated data on disability prevalence among women either.

1.5 What is the total number and percentage of children with disabilities in Uganda?

According to the 2017 State of Uganda Population Report, 47.9% of the population as at the time of the 2014 Uganda Population and Housing Census was below the age of 15.[14] The National Household survey of 2016/2017 however does not provide any data on children with disabilities, with Chapter 10 of the survey report (Characteristics of vulnerable groups and social protection) looking at orphans, widows, older persons and child labour only.[15]

There is no disaggregated data available for prevalence of disabilities among children from the 2014 Uganda National Population and Housing Census either, although the report does note that the prevalence of disabilities among children above the age of 2 years is 12.4%.[16] According to the 2002 Population and Housing Census, disability prevalence was at 2 per cent amongst children.[17]

1.6 What are the most prevalent forms of disability and/or peculiarities to disability in Uganda?

According to the 2002 National Population and Housing Census the most frequently observed types of disability were:

  • Loss/limited use of limbs (35 per cent);
  • Serious spine problems (22 per cent);
  • Hearing impairments (15 per cent);
  • Sight impairment (6.7 per cent);
  • Speech impairment (3.9 per cent);
  • Mental retardation (3.6 per cent);
  • Mental illness (3.6 per cent); and
  • Other disabilities (9.6%)[18]

All the surveys conducted since then have not provided any disaggregated data on the specific types of disabilities.

2. Uganda’s international obligations

2.1 What is the status of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in Uganda? Did Uganda sign and ratify the CRPD? Provide the date(s)

On the 30th of March 2007, Uganda signed the United Nations Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention. Both instruments were ratified without reservation on 25th September 2008.[19]

2.2 If Uganda has signed and ratified the CRPD, when was its country report due? Which government department is responsible for submission of the report? Did Uganda submit its report? If so, and if the report has been considered, indicate if there was a domestic effect of this reporting process. If not, what reasons does the relevant government department give for the delay?

Uganda’s initial country report to the CRPD was due on 25th October 2010.[20] This was the two-year period after ratification required under article 35(1) of the CRPD.

The National Council for Disability is the government body assigned the role of development of the report.[21] Submission of the report is by the Ministry of Foreign Affairs, which has the mandate to monitor the implementation and reporting of treaty obligations.[22]

Uganda submitted its initial report on 22 January 2013, almost three years after its due date (25th October 2010).

The Committee reviewed the state report between the 7th and 8th of April 2016 and issued concluding observations, in which the Committee expressed concern about among others: the lack of a uniform definition of disability; the delay in enacting the Persons with Disabilities Bill, 2014 with its expanded protections for the rights of persons with disabilities; the persistence in using derogatory terms in reference to persons with intellectual disabilities in national policy and legal enactments; the lack of participation of persons with disabilities as well as civil society in major policy and legislative decisions; the lack of specific legal protection against disability-based discrimination; the lack of specific protection for rights of children with disabilities as required by the Convention; and the failure to promote awareness of the human rights and dignity or persons with disabilities.[23]

Perhaps as a result of this process, on the 14th of November 2018, the Government withdrew the Persons with Disabilities Bill, 2014. The Minister of State for Youth and Children Affairs explained that a new Bill would be tabled, which would comprehensively address all matters related to persons with disabilities.[24] The new Bill was also expected to address issues raised with lack of compliance with the CRPD in the 2014 Bill. The Persons with Disabilities Bill, 2018, was gazetted on the 23rd of November 2018 and presented before parliament for the first reading on the 16th of January 2019.[25] The Bill was then referred to the Committee on Gender, Labour and Social Development, which sought views from different stakeholders on the Bill.[26] This Bill has since been passed by Parliament and is awaiting Presidential assent.[27] The Second National Development Plan (NDP- II) also recognises the continuing marginalisation of persons with disabilities in all sectors and the need for targeted programming to address the needs of persons with disabilities.[28]

2.3 While reporting under various other United Nations’ instruments, or under the African Charter on Human and People’s Rights, or the African Charter on the Rights and Welfare of the Child, did Uganda also report specifically on the rights of persons with disabilities in its most recent reports? If so, were relevant ‘concluding observations’ adopted? If relevant, were these observations given effect to? Was mention made of disability rights in your state’s UN Universal Periodic Review (UPR)? If so, what was the effect of these observations/ recommendations?

Generally, most of Uganda’s reports to various UN conventions and regional instruments have not specifically addressed persons with disabilities. Some of the reports however have made specific mention of the rights of persons with disabilities, while others have marginally referred to the human rights concerns of persons with disabilities, as shown below:

  • Uganda’s latest report to the African Commission on Human and Peoples’ Rights is the fifth periodic report submitted in 2013. It discusses the measures taken to combat discrimination, on among other grounds disability. This includes the launching of the Equal Opportunities Commission, which specifically works on discrimination on the basis of disability. It also shows the number of representatives in parliament with disabilities.[29] It also discusses the Mental Health Bill, which was by then pending before parliament.[30] In considering the report, the African Commission, in its Concluding Observations, commended the state for its inclusive education policy,[31] and recommended that the state should intensify efforts to provide reasonable accommodation for persons with disabilities, ensure that the National HIV Policy addresses persons with disabilities, and that the state should ‘provide detailed information on the activities of the Government Department in charge of Disability and Elderly, and the National Council for Older Persons, in its next periodic report.’[32] Since then, parliament has passed the Persons with Disabilities Act which is pending presidential assent, and which includes provision for reasonable accommodation. The HIV Strategic Plan 2015/16-2019/20 covers persons with disabilities as vulnerable persons,[33] and thus protects them under Strategic Objective 1 which seeks to ‘scale up efforts to eliminate stigma and discrimination against PLHIV and other vulnerable groups.’
  • The latest report to the Committee of Experts on the Rights and Welfare of the Child was submitted in 2010. The government acknowledged the lack of reasonable accommodation in education institutions, which exposes children with disabilities to various forms of discrimination in schools. The report also addressed the cultural and community biases against children with disabilities and highlighted the discrimination children with disabilities are likely to face in the health service sector, pointing out that part of the mandate of the National Council for Disability is to implement the National Disability Policy in order to address these and other challenges faced by children with disabilities. The Committee of Experts in its recommendations urged the government to put in place measures to raise awareness about issues of disability in order to combat negative social perceptions and discrimination,[34] and to encourage integration of children with disabilities in mainstream education and to promote the training of teachers for children with special needs.[35]
  • Uganda’s latest report to the Committee on Social, Economic and Cultural Rights is the initial report submitted in 2012. In the report, the government reported on the setting up of rehabilitation centers for persons with disability, as well as community based rehabilitation programmes, all aimed at enhancing skills and incomes for persons with disabilities.[36] They also reported on the 2 per cent tax exemption for companies that employ more than 10 persons with disabilities. They also noted that the then National Development Plan 2010 provided for cash transfers to among others Persons with Disabilities.[37] The state also took note of the National Social Security Fund Act’s provision for accessing benefits in the case of disability,[38] and the Constitution and the Equal Opportunities Commission Act’s recognition of disability as one of the causes of marginalization.[39] They also highlighted the Person with Disabilities Act, 2006’s section 21, which urges government to put in place protections for persons with disabilities.[40] The Committee in its Concluding Observations commended the state for ratifying the CRPD,[41] and on the other hand urged them to ensure non-discrimination on the basis of, among other grounds, disability, by adopting a comprehensive law on non-discrimination, as well as allocating enough funds to the Equal Opportunities Commission and ensuring that it operates effectively and independently.[42] On employment, it expressed concerns about the big unemployment rate among persons with disabilities and urged the state to implement the National Employment Policy effectively, and to study the root causes of the unemployment, as well as strengthen the system of job quotas for persons with disabilities and tax incentives for employing them.[43] Since 2015, the Equal Opportunities Commission has continued to be funded and to remain active and relevant, including as regards the rights of persons with disabilities.[44] No comprehensive law on non-discrimination has been adopted yet, and unemployment amongst persons with disabilities continues to be rife.[45]
  • Uganda’s latest report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) is the consolidated fourth, fifth, sixth, and seventh periodic report, submitted in 2009. It notes that affirmative action has been taken in favour of disadvantaged groups, including persons with disabilities. These must be represented in Parliament.[46] The then proposed National Employment Policy was also discussed, which would cover persons with disabilities.[47] The Committee in its Concluding Observations commended the state for ratifying the CRPD,[48] but recommended protection of women with disabilities against discrimination, including gender based violence and access to services. The Committee also requested for disaggregated data on women with disabilities in the next periodic report.[49]
  • Uganda’s latest report to the Committee on the Rights of the Child was submitted on 2 August 2003. In the report, the state reported that it had launched a national strategy and action plan for girls’ education, which included girls with disabilities,[50] and that the state was implementing the Educational Assessment and Resource Services (EARS) program, which support children with special needs, and policy guidelines for special needs education would be in place by June 2010.[51] The Committee considered the report and in its Concluding Observations urged the state to prevent and prohibit discrimination against children with disabilities, to collect adequate disaggregated statistical data on children with disabilities and use it to develop policies and programmes to promote their equal opportunities in society, provide them with access to adequate social and health services, raise awareness about them, and ensure adequate training of professionals working with such children.[52] Since then, the Children’s Act Cap 59 was amended in 2016 to contain a prohibition against discrimination on the basis of disability,[53] as well as recognition of their rights to freedom from discrimination, access to facilities provided by the state, and given access to treatment and rehabilitation by the state.[54]
  • Uganda’s report for the Second Universal Periodic Review covered issues of persons with disabilities and responded to specific recommendations from the 1st UPR process, reporting specifically targeted efforts to facilitate participation of persons with disabilities in electoral processes, mainstreaming of persons with disabilities issues in human rights awareness raising and government programming, efforts by the MOH to address needs of persons with disabilities in access to health services and the increased support to special needs of children with disabilities in Education.[55] A number of the recommendations from the review process concerning persons with disabilities were accepted by the state, and these are: amending the Children’s Act to align with the CRPD (Togo and Portugal), implement legal provisions regarding persons with disabilities (Angola), protect the rights of persons with disabilities without discrimination (Djibouti), raise public awareness on the rights of persons with disabilities (Sudan), and implement equal policy opportunities for person with disabilities (Pakistan). Among those that were differed was one that urged the state to ensure job quotas for person with disabilities. The state also rejected some recommendations that concerned persons with disabilities, including one by Guatemala calling for measures to combat discrimination on among other grounds, disability, perhaps because it also called for such measures for sexual minorities, since the all recommendations that included sexual minorities were rejected.

2.4  Was there any domestic effect on Uganda’s legal system after ratifying the international or regional instruments in 2.3 above? Does the international or regional instrument that has been ratified require Uganda’s legislature to incorporate it into the legal system before the instrument can have force in Uganda domestic law? Have Uganda’s courts ever considered this question? If so, cite the case(s).

Uganda has ratified a number of treaties that provide protection for persons with disabilities, particularly the Convention on the Rights of Persons with Disabilities, the Convention on the Elimination of all Forms of Discrimination against Women, the Convention on the Rights of the Child and various other regional and international instruments. Uganda has not entered any reservations to any treaties that directly affect the rights of persons with disabilities. Nevertheless, Uganda has made little effort to domesticate most of these regional and international instruments, which, according to Uganda's law, do not have force of law until they are domesticated through an Act of parliament, as section 14(2) of the Judicature Act Cap 13 does not list international law as one of the sources of law in Uganda. All treaties that are ratified under the Ratification of Treaties Act, Cap 204, therefore have to be domesticated through an Act of Parliament.[56] However, even when a treaty is not domesticated, it has been noted that courts have been able in certain cases to give effect to treaty obligations.[57] In addition, Uganda also undertakes to uphold and respect its treaty obligations.[58]

2.5 With reference to 2.4 above, has the CRPD or any other ratified international instrument been domesticated? Provide details.

Yes, there are a number of treaties whose provisions have been incorporated into domestic law, and these include the Rome Statute (every significant part has been incorporated in the International Criminal Court Act); the Geneva Convention (domesticated through the Geneva Convention Act); the Convention on Diplomatic Relations (provisions of which have found legal expression through the Diplomatic Privileges Act), the Convention on the Settlement of Investment Disputes between States and Nationals of other States (domesticated through the Arbitration and Conciliation Act (Cap 4); and the Bretton Woods Agreements Act (Cap 169),  which incorporates the agreements for the International Monetary Fund and the International Bank for Reconstruction and Development. Following the ratification of the Convention on the Rights of Persons with Disabilities, a new bill, the Persons with Disabilities Bill, 2014, was tabled in Parliament although it was later withdrawn in February 2018. A new Bill, the Persons with Disabilities Bill, 2018 was tabled and passed by Parliament, although it is yet to be assented to by the President.

3. The Constitution

3.1 Does the Constitution of Uganda contain provisions that directly address disability? If so, list the provisions and explain how each provision addresses disability

The Constitution of Uganda addresses the rights of various special interest groups of people, key among which are persons with disabilities. The specific provisions relate to the right of persons with disabilities to health, freedom from discrimination, and affirmative action, among others. The specific provisions in the constitution relating to the protection of persons with disabilities are:

  • National Objective XVI requires the state and society at large to recognise and respect the right of persons with disabilities to respect and human dignity;
  • National Objective XXIV(c) of the Constitution provides that the state shall promote the development of sign language for the hearing-impaired;
  • Article 21 prohibits discrimination against all persons on the basis of, among other grounds, disability;
  • Under article 32, the state is required to take affirmative action in favour of marginalised groups, including persons with disabilities, and to make laws for the proper protection of the rights of persons with disabilities, in particular a law to establish an Equal Opportunities Commission;
  • Article 35 of the Constitution specifically protects the rights of persons with disabilities to respect and human dignity, requires both society and the state to facilitate the realisation of the full mental and physical potential of persons with disabilities and requires that parliament make appropriate law for the protection of persons with disabilities;
  • Article 59(4) tasks Parliament to pass laws that facilitate the right of persons with disabilities to register and vote for their leaders at all levels of government, thus protecting and upholding the equal right to public and political participation of all persons with disabilities; and
  • Article 78(1)(c) and Section 2(1)(c) in the Fifth Schedule to the Constitution provides for election of representatives of persons with disabilities to the parliament, thus further promoting the right of persons with disabilities to public and political participation and representation.

3.2  Does the Constitution of Uganda contain provisions that indirectly address disability? If so, list the provisions and explain how each provision indirectly addresses disability.

The Bill of Rights in Chapter Four of the Constitution of the Republic of Uganda comprehensively provides for the rights of all persons to certain basic guarantees. The Constitution places specific emphasis on the equality and equal dignity of all persons, and all the protections for human rights therein therefore indirectly provide protection for the rights of persons with disabilities. Some of the specific provisions include:

  • Article 20 of the Constitution recognises the inherence of human rights and imposes a duty on all persons, organs of the state and authorities to respect and uphold such rights. This protection by necessary implication extends to persons with disabilities since it applies to all persons;
  • Article 22 protects the right of all persons, including unborn children, to life, and provides protection against arbitrary deprivation of life;
  • Article 23 provides several guarantees for the right to liberty for all persons, including persons with disabilities. These protections include the protection of the liberty and security of the person, and provides basic human rights guarantees for persons in lawful custody;
  • Article 24 protects all persons from torture or cruel, inhuman or degrading treatment or and punishment;
  • Article 26 provides for the right of all persons to own property, and protects against arbitrary deprivation of property;
  • Article 28 provides for the right to a fair hearing for all persons in the formal justice system, including persons with disabilities;
  • Article 29 provides for the right to freedom of conscience, expression, movement, religion, assembly and association. It also provides for the right of all persons to travel within and outside of Uganda, as well as the right to possess identification documents;
  • Article 30 provides for the right to education for all;
  • Article 31 provides for the right of all adults to marry and form a family and to have and raise their own children;
  • Article 36 provides for the rights of minorities to participate in the decision-making processes and to be consulted in the process of formulating national policies and programmes. This indirectly protects the right of persons with disabilities to participate in the civic processes in the country and to contribute to national programmes for the effective inclusion of the needs and priorities of persons with disabilities as a minority group;
  • Article 37 guarantees the right of all persons to practice and enjoy their culture, creed or religion and language, individually and in community with others;
  • Article 38 protects the right of all persons to influence government policies through peaceful civic action, thus including persons with disabilities;
  • Article 39 protects the right of all persons to live in a safe and clean environment;
  • Article 40 of the constitution provides for the right of all persons to practice a lawful trade or profession of their choice and earn a living. This article provides for the right of all persons to work in a safe and conducive working environment; to be given equal pay for equal work without discrimination; to reasonable working hours, rest, weekends and public holidays off (with pay) and to participate in trade unions as they choose. The article further particularly protects the right of women to equal treatment in employment and the right to be protected during pregnancy and after childbirth, which protection also applies to women with disabilities;
  • Article 41 provides for the right of all citizens to access information, and this right applies equally to persons with disabilities;
  • Article 42 provides for the right of all persons to fair and just treatment before any administrative bodies, and the right to recourse to courts of law in case of discrimination or unjust treatment by an administrative body. This indirectly protects persons with disabilities as well; and
  • Article 45 provides that the rights, duties, declarations and guarantees relating to fundamental and other human rights and freedoms specifically mentioned in chapter four of the Constitution are not to be regarded as excluding others not specifically mentioned.

4. Legislation

4.1 Does Uganda have legislation that directly addresses issues relating to disability? If so, list the legislation and explain how the legislation addresses disability.

At the moment, Uganda has three specific laws that are focused on protection of the rights of persons with disabilities:

  • The Persons with Disabilities Act, 2006, is the primary law that provides for the protection of the rights for persons with disabilities. It provides for the elimination of all forms of discrimination against persons with disabilities, particularly in education services,[59] health services,[60] employment,[61] access to information,[62] access to public transportation facilities[63] and protection of visually impaired road users,[64] It also provides inducements for the employment of persons with disabilities by offering tax deductions to all companies that employ a workforce that is composed of at least 5% persons with disabilities.[65] The Act further reaffirms the entitlement of persons with disabilities to all the constitutional human rights guarantees, the need for affirmative action on the part of the state for the equalization of opportunities for persons with disabilities, the right of persons with disabilities to be treated with respect and dignity and to be free from inhuman and degrading treatment; the right to privacy; the right to family; the right to participate in public life and the right to participate in cultural life/affairs.[66]

This law is set to be replaced by the Persons with Disabilities Act, 2018, passed into law by Parliament in April 2019 and pending presidential assent. The Act was originally introduced as the Persons with Disabilities Bill, 2014, and later modified and re-tabled in Parliament as the Persons with Disabilities Bill, 2018. Nevertheless, the newly enacted Persons with Disabilities Act seeks to domesticate the provisions of the CRPD, and in addition contains a number of clauses aimed at addressing discrimination against persons with disabilities in public life by providing for accessibility to all public buildings, provision of sign language translators for all news bulletins on all television stations, prohibition of discrimination against persons with disabilities in public transportation systems, etc.[67] Nevertheless, some sections of persons with disabilities are not entirely satisfied with the Act for the lack of government commitment to the protection of the rights of persons with disabilities, as the Act is not in line with CRPD guarantees.[68]

  • The National Council for Disability Act, 2003,[69] establishes the National Council for Disability. The major objectives of the Council are:
  1. To promote the implementation and the equalisation of opportunities for persons with disabilities;
  2. To monitor and evaluate the impact of policies and programmes designed for equality and full participation of persons with disabilities;
  3. To advocate for and promote effective service delivery and collaboration between service providers and persons with disability; and
  4. To advocate for the enactment of laws and the reviewing of existing laws with a view to complying with the equalisation of opportunities as stipulated in the United Nations Standard Rules on the Equalisation of Opportunities for persons with disabilities, the Constitution and other laws and international legal instruments.[70]

The Council is also responsible for linking persons with disabilities with government agencies and service providers, advocating for implementation of government laws and policies for the protection of persons with disabilities, conducting surveys/ studies on the discrimination faced by persons with disabilities and advocating for measures addressing such gaps as well as acting as a representative body through which the concerns and needs of persons with disabilities are communicated to the relevant government departments, among others, monitoring and evaluating the extent to which the government, nongovernmental organisations and private institutions include and meet the needs of persons with disabilities. Amongst its many functions, the Council acts as a coordinating body between government departments, service providers and persons with disabilities.[71]

  • The Mental Treatment Act,[72] enacted in 1938 (revised in 1964), was still the applicable law at the time of this publication. The Act itself is primarily related to persons with intellectual disabilities and follows the old model medical approach to addressing persons with disabilities. The Act provides for the declaration of unsound mind by the court and subsequent compulsory detention and treatment and/or rehabilitation. Key criticisms of this Act include the use of derogatory language in reference to persons with intellectual disabilities as well as the lack of provision for community based care as an alternative to compulsory medical/ rehabilitative detention for such persons. A new Mental Health law, the Mental Health Act, 2018 was passed by parliament in 2018, and assented to by the President, although it has yet to come into force.[73] This new Act addresses many of the concerns brought about by its predecessor, and seeks to ensure that mental health services are provided at all levels in the health system. Although the Bill was initially criticized by activists for maintaining provision for electro-convulsive therapy, the lack of consideration for the ascertainable wishes of persons with intellectual disabilities in their own treatment, the lack of provision for community-based care as an alternative to admission into health facilities for treatment, among other provisions,[74] the Act was modified to provide for treatment of persons with psychosocial disabilities only with their consent[75] (or assisted therapy where they are willing to receive treatment but are incapable of giving consent),[76] and involuntary treatment only in cases where the patient poses a threat of serious injury to self or to others.[77] The Act also prohibits the confinement of patients with mental illnesses in any place other than a recognised mental institution,[78] and physical restraint of patients except where it is necessary for emergency treatment,[79] among other progressive provisions.

4.2 Does Uganda have legislation that indirectly addresses disability? If so, list the main legislation and explain how the legislation relates to disability.

Due to the focus on equality of all persons and the constitutional guarantees for the equal dignity of all persons, the majority of the legislation on social protection and security provide for all persons, including persons with disabilities. As such, there are a number of laws with provisions that indirectly affect the rights of persons with disabilities, some of which are discussed below:

  • The Children Act Cap 59 as amended in 2016 includes protection of children with disabilities. Section 1 (n) defines children with special needs as ‘children who have long-term physical, mental, intellectual or sensory impairments which may hinder their full and effective participation in society on an equal basis with others’. Section 4(1) (j) protects children from discrimination, including on the basis of disability. Section 9 of the Act is specifically dedicated to children with disabilities and requires parents and the state to ensure that such children have access to facilities provided by the state, including early assessment, appropriate treatment, rehabilitation and access to education opportunities. Section 10(5) of the Act further mandates the local government council to keep a register of ‘disabled children’ within its area of jurisdiction and give assistance to them whenever possible in order to enable them to grow up with dignity among other children and to develop their potential and self-reliance.
  • The Equal Opportunities Commission Act, 2007, establishes the Equal Opportunities Commission, whose core mandate is to investigate and handle all cases involving discrimination/ marginalisation of any persons/ groups of persons on the basis of any social, physical, historical or other factors including disability.[80] Furthermore, the Commission’s membership must by law include a person with a disability.[81]
  • The Business, Technical, Vocational Education and Training Act, 2008, provides that one of the principles underlying the Business, Technical, Vocational Education and Training (BTVET) is ‘to increase equitable access to disadvantaged groups such as women and people with disabilities.’[82] Indeed, on the Industrial Training Council established under the Act, there should be a representative of persons with disabilities.[83]
  • The Education (Pre-Primary, Primary and Post-Primary) Act, 2008 regulates education in the country. Section 15(2) imposes upon head teachers the duty to ensure that the school is child friendly, particularly to pupils with disabilities, among others.
  • The Employment Act, 2006 provides for all persons in employment, including persons with disabilities. Section 2 widely defines disability to include physical and mental illness, reliance on guide dogs, and presence of disease causing organisms in the body. It outlaws discrimination in employment on among other grounds, disability.[84] The Commissioner responsible for Labour is required to produce an annual report showing statics of employment of persons with disabilities and aids provided by employers to persons with disabilities.[85] The Minister is also required to develop regulations governing among others the employment of persons with disabilities.[86] The law further protects persons with disabilities from discrimination by providing in section 75(g) that disability shall not be a valid ground for disciplinary action or dismissal of any employee.
  • The Universities and Other Tertiary Institutions Act, 2001 (as amended) provides for inclusion of persons with disabilities in higher education. It provides for the functions of a public university to be, among other, dissemination of knowledge and giving opportunity for higher education to all persons, including persons with disability.[87] It also provides for affirmative action during admission to, among others, persons with disabilities.[88]
  • The Workers’ Compensation Act, 2000 provides for the payment of compensation to workers who are injured or disabled through accidents involving employment.[89] It covers injuries that result into disability,[90] and requires employers to defray medical and other incidental expenses arising out of such injury in the course of employment.[91] The Act further requires that at least one member of the Medical Arbitration Board be a person knowledgeable about disabilities for purposes of proper assessment.[92]
  • The Local Government Act, 1997 provides for inclusion of persons with disabilities within local government processes. Under composition of local councils, it provides for at least two persons with disabilities,[93] and requires the district councils to undertake affirmative action in favour of marginalised groups, including persons with disabilities.[94] The Act further provides for the appointment of the District Service Commission, the composition of which must include one person with disability,[95] and further mandates the District Service Commission to facilitate elections for representation of persons with disabilities at the various Local Council levels.[96]
  • The Traffic and Road Safety Act, 1998 prohibits the denial of a driving permit on the basis of disability,[97] and also provides for the development of regulations to provide for, among others, the safety of cyclists, pedestrians and persons with disability through the construction of ramps, requirements for safety equipment, etc.[98]
  • The Uganda Communications Act, 1998 provides for the promotion of research into the development and use of new communications techniques and technologies, including those which promote accessibility of the visually and hearing impaired persons to communication services.
  • The Uganda National Institute of Special Education Act, 1998 provides for the establishment of the Kyambogo National Institute of Special Education, which is a training institution for teachers of persons with disabilities and special learning needs. The Act defines disability to include lack or restriction of ability, caused by impairment, to perform any activity in a manner or within a range considered normal for a human being within the cultural context.[99] The Act further provides for the objectives and functions of the Institute, which include establishing a training centre for teachers in special needs education and rehabilitation for persons with disabilities and special learning needs, establishing a resource centre for production and dissemination of information on persons with disabilities and special learning needs, conduct research on disabilities for better understanding and development of persons with disabilities and special learning needs and to initiate and conduct outreach programmes to raise awareness among teachers, parents and the general community on persons with disabilities and special learning needs.[100]
  • The Parliamentary Elections Act, 2005, provides in section 37 for the provision of assistance/ support to enable voters with disabilities to effectively exercise their right to vote. Section 8(2) also provides for election of 5 representatives of persons with disabilities in parliament, of whom one must be a woman.

5. Decisions of courts and tribunals

5.1 Have the courts (or tribunals) in Uganda ever decided on issue(s) relating to disability? If so, list the cases and provide a summary for each of the cases with the facts, the decision(s) and the reasoning.

There is a growing body of jurisprudence on disability rights in Uganda. This is mostly due to the increasing awareness of disability rights and the presence of enabling progressive laws. These decisions have been analysed in detail in a report by the Network of Public Interest Lawyers (NETPIL)[101] and include amongst others the following in accordance with the hierarchy of the courts and the date of the decision:

  • The Constitutional Court
  • CEHURD & Yiga Daniel Another v The Attorney General[102]

The petitioners challenged the constitutionality of laws that promoted inequality and bias against persons with disabilities in the criminal justice system. The specific provisions challenged were section 45(5) of the Trial on In­dictments Act Cap 23 which referred to persons who had not yet been found guilty as ‘criminal lunatic’ and section 86(2) which required acquitted persons to be released except for those acquitted due to insanity. They also challenged section 130 of the Penal Code Ac cap 120 which used the words ‘idiot’ or ‘imbecile’ in creating the offence of having sexual intercourse with persons referred to as such. The Constitutional Court found section 45(5) and 86(2) of the TIA to be discriminatory and section 130 as derogatory. The Attorney General did not contest this petition, and in finding in favour of the petitioners, Court modified the provisions to remove the unconstitutionality.

  • High Court
  • Bushoborozi v Uganda [103]

The accused was charged with the murder of his child, whose head he cut off from the neck claiming he was killing a snake. The court found that he was insane and returned a special finding of not guilty by virtue of section 48(1) of the Trial on Indictment Act (TIA). He was then remanded pending Minister's Orders as to whether he would be taken for mental treatment or otherwise dealt with as provided by the TIA. It was submitted that for a long time the Minister had never made such orders with respect to many applicants. The issue before court was whether the continued detention of Bushoborozi was a violation of his rights and whether the minister was the best person to issue such judicial orders. The Court found that the continued detention did in fact constitute a violation of the applicant’s right to liberty and access to treatment. In a very progressive judgment, the court found that the High Court can ably and legally exercise inherent powers of the court to order for proper medical and other treatment of criminal lunatics, and that the provisions of the law that give the Minister such powers can be safely and constitutionally construed to be the powers of the court under Article 126 and 274 of the Constitution. It was further held that it was unjustified for the Minister to fail to issue a discharge order for a prisoner who was acquitted of charges of murder by reason of his or her insanity.

Although this is a celebrated decision, we take note of the language of the law and of the court that remains derogatory. This can be addressed through legal reform and judicial awareness and sensitivity trainings. 

  • Legal Action for Persons with Disabilities v Attorney General (2014)[104]

The applicants brought this action against the Attorney General, Kampala Capital City Authority (KCCA) and Makerere University Kampala on the grounds that public buildings and facilities within Kampala city and Makerere University were not accessible to persons with disabilities and in violation of various legal provisions requiring that all public buildings be made accessible to persons with disabilities to enable them to fully participate in society. In its judgment, the High Court noted that whereas the basic premise of the petition was right, both KCCA and Makerere University had already taken sufficient reasonable steps within their means to make their buildings and facilities accessible. The court also held that both KCCA and Makerere University had limited resources and could not afford to make all buildings immediately fully accessible, and that the current state of inaccessibility was attributable to the buildings being constructed before the rights of persons with disabilities became a human rights issue in Uganda. The Court also noted that to expect Makerere University to prioritise resources to making buildings accessible would substantially increase the cost of education, hence affecting other students. On the above grounds, the Court dismissed the application.

  • Legal Action for Persons with Disabilities v Attorney General [105]

This case dealt with the question of voting rights for persons with disabilities. It challenged the requirement that all persons with disabilities needed to be members of the National Union of Persons with Disabilities (NUDIPU) to be able to vote for their special representation in Parliament. The Court held, inter alia, that the 2011 elections had been conducted under NUDIPU and hence restricted to only members of NUDIPU, which disenfranchised persons with disabilities that did not belong to NUDIPU, contrary to Article 59 of the Constitution.

  • Crane Bank Limited v Uganda Revenue Authority[106]

The plaintiff sought a tax reduction of 15% under section 17 of the Persons with Disabilities Act, 2006 that allowed for tax reduction for private companies/employers who where employing more than 10 persons with disabilities in their organisations. The defendant contended that by the time of submitting the claim section 17 had already been repealed by the Income Tax (Amendment) Act No.2 of 2008. The court held in favour of the defendant since Section 17 of the Persons with Disabilities Act had indeed been repealed as argued by the defendant, by Section 5(f) of the Income Tax (Amendment) Act No.2.   

  • Re: Rhona Kibuuka (Unsound mind)[107]

This was an application to court by relatives for the grant of guardianship orders to administer the estate of Rhona Kibuuka, a 78 year-old person of unsound mind under the Administration of Estates of Persons of Unsound mind Act No. 155. In terms of Section 2 of the Act, the courts may appoint, from among several classes of people, a relative of a person of unsound mind to be the manager of the estate of such a person. Court, in granting the application considered the interests of the person of unsound mind and imposed restrictions on the powers of the applicants as administrators of the estate of the person of unsound mind in order to preserve the estate during the period in which they would be responsible for managing it. They were further required to report to court on annual basis on the state of the estate, all in a bid by court to protect the property of the person of unsound mind.

  • Uganda v Ayebare Banye[108]

The accused was indicted for defilement of a mentally retarded girl of 15 years. At trial, the court used the substantial functional limitation test to determine that ‘…the victim, who was rendered incapable of going to school [and] living on chronic medical assistance, is a true person living with disability and below the age of 18.’ It was upon this ground that the accused was convicted as charged.

  • Nyeko Okello& Santo Dwoka v Centenary Rural Development Bank Limited (CERUDEB)[109]

The plaintiffs, both persons with disabilities and customers of Centenary Rural Development Bank (CERUDEB), sued CERUDEB on the grounds that the bank, including the main banking hall, was inaccessible for persons with disabilities. Prior to the suit, the plaintiffs had notified CERUDEB about the lack of ramps to facilitate their access to the bank but to no fruition. The plaintiffs sued. The bank eventually constructed the ramps. Since the breach had been remedied, the judge advised the plaintiffs to settle the matter out of court. A consent judgment was later entered between the parties, with costs being awarded to the plaintiffs, but no damages were awarded by the court.

  • CEHURD and Others v Buyende District Local Government and The Attorney General.[110]

This is a case pending at the High Court. In this case, the applicants contend that Government's failure to provide health services to autistic children at the community health facility is a violation of the right to health for children living with disabilities.

These developments in jurisprudence on the protection of the rights of persons with disabilities demonstrates the need to enhance knowledge about disability rights and the law in the justice system, other related sectors and the general public. These steps should be taken in addition to law reform aimed at removing derogative language in reference to persons with disabilities and aligning our terminology and legal provisions with the spirit of the CRPD. Addressing these lacunas will reduce the stigma and the discrimination as well as enhance access to meaningful justice and effective remedies for persons with disabilities whose rights have been abused.

6. Policies and programmes

6.1 Does Uganda have policies or programmes that directly address disability? If so, list each policy and explain how the policy addresses disability

Yes it does, and these include:

  • The National Development Plan (NDP-II)

This policy document forms the basis for government programming in all sectors for the period from 2015/2016 to 2019/2020. It is a multi-sectoral plan laying down the country’s programme priorities for the year period. The NDP- II recognises the vulnerability of persons with disabilities and specifically points them out as one of the marginalised/vulnerable groups that require affirmative action.[111]

  • The Uganda National Policy on Disability 2006

The Policy provides the basis for national interventions and programmes in favour of persons with disabilities in all government departments and activities. The priority areas of focus are accessibility, participation, capacity building, awareness raising, prevention and management of disabilities, care and support, socioeconomic security, research, communication (sign language, tactile and Braille literacy) and budgeting. Other aspects considered in this national policy include the protection and promotion of the rights of persons with disabilities in spheres of health including HIV/AIDS interventions, education, social security, employment and access to basic human rights services, for example access to justice.[112]

  • The National Community Based Rehabilitation Programme

In 1991, the three government ministries of health, education and social development together with the Norwegian Association of the Disabled (NAD) developed a National Community Based Rehabilitation Programme as the main strategy for the delivery of rehabilitation services and ensuring full participation in poverty eradication programmes and inclusion for persons with disabilities.[113] The programme was also designed to ensure early identification, assessment and referral of all treatable disabilities for early management. The programme focuses on awareness, capacity building, livelihood and influencing policy change for persons with disabilities. Currently it is being implemented in the districts of Mbarara, Bushenyi, Mbale, Kabale, Mukono, Iganga, Kamuli, Ntungamo, Rukungiri, Butaleja, Busia and Kayunga.[114]

  • The National Disability -Inclusive Planning Guidelines for Uganda

These guidelines are designed to support planning teams in various sectors and local governments to identify, analyse, include, monitor and evaluate disability issues as an integral part of their plans and budgets. The Guidelines are intended to: support sectors to determine and increase visibility of critical disability concerns in their respective sectors; provide a framework for a system and multi-sectoral approach for reviewing the impact of current policies and actions, and support evidence-based decisions on disability inclusive interventions; provide a coordinated framework for promoting inclusion, formulation of appropriate out-comes and setting targets for disability inclusion; enhance effective mobilisation and utilisation of human, financial and logistical resources for disability inclusion across sectors and local Governments; and support Ministries, Departments and Agencies ( MDAs) and Local Governments to formulate a clear monitoring and reporting framework to track performance of mainstream services in delivering outcomes for people with disabilities.

  • The National Mine Action Programme

The Landmine Victim’s Assistance programme was launched in 2008 to raise awareness of Uganda’s obligation as a state party to the Mine Ban Treaty[115] and the CRPD. The plan provides for the establishment of a framework for rapid response to support landmine survivors and other persons with disabilities and older who are in emergency and conflict situations to enable them participate and re-integrate into the development process and raise awareness on Uganda’s obligations.[116]

6.2 Does Uganda have policies and programmes that indirectly address disability? If so, list each policy and describe how the policy indirectly addresses disability.

Yes, these include:

  • The National Gender Policy (2007) emphasises the protection of human rights for all women, with emphasis on vulnerable women such as those with disabilities.
  • The National Education Policy encourages equality for all in education-related programming.
  • The National Health Policy puts in place structures to ensure equality in the health sector.

7. Disability bodies

7.1 Other than the ordinary courts or tribunals, does Uganda have any official bodies that specifically addresses violations of the rights of people with disabilities? If so, describe the body, its functions and its powers

Yes, the National Council for Disability (NCD) is established by the National Council for Disability Act (NCDA), 2003.[117] The Long Title of the Act indicates that the Act sets out to provide for the composition, functions and administration of the NCD for the promotion of the rights of persons with disabilities as set out in international conventions and legal instruments, the constitution and other laws, and for other related matters. The objectives and functions of the NCD are spelt out in sections 5 and 6 of the NCDA respectively.

Under section 5, the objectives of the NCD include:

  1. To promote the implementation and equalisation of opportunities for persons with disabilities;
  2. To monitor and evaluate the impact of policies and programmes designed for equality and full participation of persons with disabilities;
  3. To advocate for and promote effective service delivery and collaboration between service providers and persons with disabilities; and
  4. To advocate for the enactment of laws and the reviewing of existing laws with the view of complying with the equalisation of opportunities for persons with disabilities, the Constitution and other laws and international instruments.

In addition, section 6 sets out a number of functions of the NCD, sub-section (f) specifically requiring the NCD ‘to carry out or commission surveys and investigations in matters or incidents relating to –

  1. violation of rights of persons with disabilities
  2. non-compliance with programmes , policies or laws relating to disabilities’

Since its establishment, the NCD has engaged in advocacy, community sensitisation and the publication of various research relating to persons with disabilities.[118]

7.2 Other than ordinary courts and tribunals, does Uganda have any official body that, though not established to specifically address violation of rights of persons with disabilities, can nonetheless do so? If so, describe the body, its functions and its powers.

The Equal Opportunities Commission was established by the Equal Opportunities Commission Act, 2007 to give effect to the State’s constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on the ground of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, and take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other factors.[119] The core function of the Commission is to monitor and ensure that all laws, policies, programmes, practices, cultural norms, etc. of all peoples and government MDAs within Uganda are “compliant with equal opportunities and affirmative action in favour of groups marginalized on the basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing, political opinion, disability, gender, age or any other reason created by history, tradition or custom.”[120] The Equal Opportunities Commission has in fact focused specifically on the issues of concern to persons with disabilities as shown by the annual reports of the EOC.[121]

8. National human rights institutions, Human Rights Commissions, Ombudsman or Public Protector

8.1 Does Uganda have a Human Rights Commission, Ombudsman or a public protector in the Country? If so, does its remits include the promotion and protection of the rights of persons with disabilities? If your answer is yes, also indicate whether the Human Rights Commission, Ombudsman or Public Protector of Uganda has ever addressed issues relating to the rights of persons with disabilities

Uganda has a National Human Rights Institution (NHRI), called the Uganda Human Rights Commission (UHRC). The UHRC is established under Articles 51-52 of the 1995 Constitution and the Uganda Human Rights Commission Act, Cap 24.[122] It is mandated amongst others to investigate all allegations/complaints of human rights violations, to visit any designated detention facilities with a view to ascertaining the human rights situations of any detainees and the conditions of detention, to visit any facilities where persons are suspected of being illegally detained, etc. The UHRC provides annual reports on the status of human rights in the country, and some of these reports have focused on the rights of persons with disabilities.[123] Since 2013, the UHRC has undertaken a number of initiatives aimed at protecting and promoting the rights of persons with disabilities including:

  • The Commission routinely monitors the human rights situation for persons with disabilities to ensure their active participation in all process in this country. To this end, the Commission closely monitored the 2016 national elections to find out how the facilities at the polling stations supported the participation of persons with physical disabilities in the electoral processes.[124]
  • The Commission conducts routine awareness raising campaigns in order to increase awareness of the issues affecting persons with disabilities among the public as well as mainstream the human rights and social concerns of persons with disabilities.[125]
  • The Commission actively reports on the human rights situation of persons with disabilities to the Committee on the Rights of Persons with Disabilities as a National Human Rights Institution.[126]

The second office is that of the Inspector General of Government. The Office of the Inspectorate of Government, though in existence as the ombudsman/ombudsperson, does not handle matters specifically relating to the promotion or protection of the rights of persons with disabilities,[127] except generally if they concern abuse of power, and misuse of Government finances.[128] 

9. Disabled persons organisations (DPOs) and other civil society organisations (CSOs)

9.1 Does Uganda have organisations that represent and advocate for the rights and welfare of persons with disabilities? If so, list each organisation and describe its activities.

Article 29(c) of the Constitution guarantees the right to freedom of association, which includes the freedom to form and join associations or unions, including trade unions, political and other civic organisations. There are a number of DPOs and CSOs advancing rights of persons with disabilities in Uganda. The National Union of Disabled Persons (NUDIPU) is regarded as the umbrella organization.[129] Its main role is to coordinate activities of DPOs in Uganda and provide a common platform to address disability issues.[130] The other organisations include:

  • Action on youth with disability in Uganda: a youth-founded and youth-led organization working towards the promotion of the welfare of youth with disabilities through direct service provision and policy advocacy based on the CRPD.[131]
  • Africa Albino Foundation Uganda: The organisation aims to promote the welfare of persons with albinism through advocacy, skin protection and other development initiatives.[132]
  • Comprehensive Rehabilitation Services in Uganda (CoRSU): a specialized surgical hospital in Wakiso. The hospital focuses on the surgical correction and rehabilitation of orthopedic problems which account for over 50 percent of the patients served. The hospital was officially opened on 27 March 2009 and it provides orthopedic services, plastic/reconstructive services, and therapy services through facility and community-based care.[133]
  • Katalemwa Cheshire Home for Rehabilitation Services: This is a disability focused NGO that provides holistic rehabilitation services to children and young persons with disabilities. They provide medical care, social economic support and orthopedic appliances and well as providing facility and community based rehabilitation, working with families, communities, civil society, development partners and government for the realisation of the rights of children with disabilities.[134]
  • Legal Action on Persons with Disability (LAPD): This is an NGO formed by lawyers with disabilities with a principle purpose of providing legal aid services to persons with disabilities through counselling, advice and representation in courts of judicature.[135]
  • Mental Health Uganda: This is a national NGO formed in 1997 to respond to the overwhelming marginalization, isolation and abuse of rights of persons with psycho-social disabilities/users of psychiatry services, and their families. It engages in advocacy for policy reform and respect for the rights of persons with psychosocial disabilities;[136]
  • Sight Savers International: This supports blindness prevention and rehabilitation programmes. They work to eliminate avoidable blindness and promote the rights of people with visual impairments.[137]
  • The National Union of Women with Disabilities of Uganda (NUWODU): This focuses on the protection and promotion of rights for women with disabilities in Uganda.[138]
  • Uganda National Association of Cerebral Palsy: This organisation aims at advocating for the rights of persons with cerebral palsy as well as enabling them to acquire treatment as required.[139]

Other national organisations include:

  • Albinism Umbrella,
  • Association of Women and Children with Albinism,
  • Basic Needs UK in Uganda,
  • Development Forum (YPDDF),
  • Disability Employment Rights Initiative,
  • Disabled Women Network and Resource Organisation,
  • Source of the Nile Union of Persons with Albinism,
  • The Association of Dwarfism,
  • Uganda Albinos Association,
  • Uganda Disabled Women’s Association,
  • Uganda National Association of Cerebral Palsy,
  • Uganda National Association of the Deaf (UNAD),
  • Uganda Parents Care for the Mentally Handicapped,
  • Uganda Parents’ Association of Children with Learning Disabilities (UPACLED), Ugandan Association of the Mentally Handicapped – Inclusion Uganda (UPPID)
  • Ugandan National Action on Physical Disability (UNAPD)
  • Vitiligo Association of Uganda (VAU)
  • Youth with Physical Disabilities

There are also a number of organisations that operate at district level. Some of these are:

  • Lira District Disabled Women’s Association (LIDWA)
  • Wakiso Action on Physical Disabilities (WAPD)

There are also a number of other CSOs whose core mandate is not disability rights, but which handle matters of disability rights as part of their work. These include:

  • Action for Disability and Development
  • Centre for Human Rights, Health and Development (CEHURD)
  • Disability Law and Rights Centre, School of Law, Makerere University
  • Foundation for Human Rights Initiative (FHRI)
  • Save the Children - Uganda
  • World Vision Uganda.

9.2 In the countries in Uganda's region (East Africa) are DPOs organised/ Coordinated at National or Regional levels?

The National Union of Disabled Persons of Uganda (NUDIPU) is regarded as the umbrella body for all DPOs in Uganda.[140] At the moment it has 112 district Unions, with 14 national disabled people’s organisations.[141]

 At the regional level the East African Federation of the Disabled (EAFOD) exists and coordinates work on disability rights in the region. Its aim is to ‘develop a unified voice of people with disabilities within the region.’[142] The Ecumenical Disability Advocates Network (EDAN) also works across the region.[143] At an international level, NUDIPU is a member of the International Disability Alliance (IDA).[144]

9.3 If Uganda has ratified the CRPD, how has it ensured the involvement of DPOs in the implementation process?

Since the ratification of the CRPD, DPOs gained a stronger momentum to advocate for the rights of persons with disabilities in various ways:

  • DPOs have been involved in monitoring the implementation of the CRPD by relevant government bodies, departments and international UN agencies;[145]
  • To track progress of the implementation of the CRPD, DPOs actively participated in supporting the government to develop the National Action Plan to implement the 2016 Concluding Observations. The draft plan is yet to be approved by the last senior Committee at the MGLSD;[146]
  • They have also been part of the dissemination of the CRPD Concluding Observations;[147]
  • DPOs have effectively participated in the review and enactment of several laws in the country to ensure that they are disability friendly and also in line with the CRPD,[148] such as the Mental Health Bill, 2018 which was passed by Parliament in 2018; the Buildings Control Act 2013, the Sexual Offences Bill 2016; the Persons with Disabilities Act 2018; and the National Social Security Fund Bill (NSSF) 2018.
  • The recently passed National Disability- Inclusive Planning Guidelines 2017 guide sectoral and Local governments in disability budgeting, planning and reporting and specifically require inclusion of persons with disabilities as well as their organisations in planning.[149] The guidelines were launched on the 30th January 2018;
  • DPOs were involved in drawing of the recently renewed commitment by Government to ensure disability inclusion.[150] In this document, Government reiterates its commitment to persons with disabilities to: tackle stigma and discrimination against persons with disabilities among others.

9.4 What type of actions have DPOs themselves taken to ensure that they are fully embedded in the process of implementation?

DPOs continue to collectively or individually use various strategies to ensure their effective participation in the implementation process which include:

  • Advocating for the domestication of the CRPD and its Protocol and demanding the government puts in place a framework for the implementation of the CRPD, which led to the development of the draft National Action Plan to implement the 2016 Concluding Observations;[151]
  • Seeking for open spaces to participate in the review and reform of existing laws to comply with the CRPD. This has resulted in the review and reform of the following pieces of legislation:
  1. The Persons with Disabilities Act 2006 was reviewed Parliament, leading to the recent enactment of the Persons with Disabilities Act 2018;
  2. The Mental Treatment Act 1964, which has recently been repealed and replaced by the recently enacted Mental Health Act of 2018.
  3. DPOs have called for the repeal of the controversial requirement for ministerial orders in adjudicating cases involving persons of unsound mind as stipulated under the Trial and Indictment Act Cap23 and the Magistrates Court Act Cap 16 as it undermines the right of persons with psychosocial disabilities to a fair and speedy trial as guaranteed by the Constitution.
  • Through Public Interest Litigation, DPOs have challenged existing laws that perpetuate discrimination and stigmatisation against persons with disabilities as shown in section 5.1 above.
  • DPOs have worked tirelessly to ensure that sign language translation is available for TV stations[152] and to get commitments from other entities such as the Police.[153]
  • DPOs working in coalition with Network for Public Interest Lawyers (NETPIL), Uganda Human Rights Commission (UHRC), NUDIPU and Centre for Disability Law and Policy (CDLP) developed 'Guidelines for the Management of Cases for Persons with Disabilities in the Court.'[154] These guidelines are meant to enhance access to meaningful and effective justice for persons with disabilities. These have been submitted to the judiciary and are currently pending approval by the Court's Rules Committee. .
  • DPOs through NUDIPU have been advocating for disability inclusion in the justice law and order (JLOS) sector.[155]
  • DPOs have held various public awareness dialogues, conferences and fundraising dinners meant to enhance public awareness of the CRPD and other laws as well as fight discrimination and stigmatisation against persons with disabilities. For instance, in March 2018, NUDIPU organised and held an Accessibility Devices dinner which raised resources to procure accessibility devices for its members, while some organisations donated the actual devices;[156]
  • DPOs have engaged in conducting and publishing research that places disability issues on the forefront, identifying existing gaps in policy, law and programmes and make the relevant recommendations to the various stakeholders;[157]
  • Based on their research findings, DPOs have developed policy briefs that can be and have been used as tools for advocacy;[158]
  • DPOs have held peaceful demonstrations at court premises protesting the continued delay in hearing and determining their dispute regarding a land matter in which they have an interest;[159]
  • DPOs, working together with NUDIPU, have participated in several government undertakings aimed at realising the SDGs. For instance, DPOs participation at the National SDGs Working Groups for their voice to be heard. There are five working groups meant for coordinating SDG engagements by government these includes:  the Data Technical Working Group, Coordination, Monitoring, Evaluation and Reporting WG,  Communication and Popularisation WG;  Planning and Mainstreaming WG and Finance and Resource Mobilisation WG. NUDIPU also did an assessment of the involvement of persons with disabilities within the SDG framework.[160]

9.5 What, if any, are the barriers DPOs have faced in engaging with implementation?

DPOs have faced and continue to face a number of barriers when engaging in implementation of strategies towards the promotion of their rights and implementation of the CRPD as follows:

  • Government bureaucratic processes, for instance, the development of the National Action Plan to implement the 2016 Concluding Observations has since stalled, resulting in the continued delay in the implementation of the CRPD;[161]
  • Continued stigma, discrimination and negative societal attitudes, and even some government officers, which has affected effective planning and budgeting for effective inclusion of persons with disabilities;[162]
  • Although DPOs are championing the cause of persons with disabilities, the government lacks skilled officers who are trained and have the technical capacity in disability inclusive planning and budgeting, which in turn limits the capacity of relevant state institutions to effectively address issues affecting persons with disabilities;[163]
  • Government’s limited political will and budgetary allocations towards the programmes that promote the social- economic development of persons with disabilities, for instance, the special disability grant for persons with disabilities has not been increased since its inception in 2009. It has remained at three (3) billion shillings in spite of the ever-increasing numbers of persons with disabilities in need of social economic support. There is a need for the government to recognise that these special targeted disability programmes are limited both in scope and scale due to limited financing and mechanisms for delivery of these programmes still need to be strengthened;[164]
  • Financial limitations of DPOs that hinder their ability to broaden or deepen their activities;[165]
  • DPOs have limited networks or strategic partnerships and are therefore not exposed to funding from different donors or technical support from different partners;[166] and
  • The limited capacity of DPOs to effectively advocate and articulate for specific disability issues and the laws.[167]

9.6 Are there specific instances that provide 'best-practice models' for ensuring proper involvement of DPOs?

A number of initiatives have been employed to ensure increased involvement of DPOs that may be regarded as ‘best practice models’, and these include:

  • Having and strengthening an umbrella body like NUDIPU that is well facilitated and inclusive of all persons with disabilities. The NUDIPU Board membership has a representation of all disability categories, hence every DPO is represented in the BOD currently comprising of 15 (fifteen) members.[168]
  • Coalition building to execute identified goals or tasks;[169]
  • Developing working Groups, for instance the SDG Working Groups under the National Task Force of SDGs;[170]
  • The Directors Forum convened by NUDIPU that brings together the executive heads of DPOs to update each other on the progress of their work, share lessons and develop strategic directions for DPOs and strategising on key emerging disability issues;[171]
  • Deliberate identification of DPOs and inviting them to provide public opinions on any proposed laws;[172]
  • Electing Members of Parliament under the special group who are elected by their specific constituency to represent interests of persons with disabilities;[173] and
  • Building strategic partnerships with entities like the Disability Law and Rights Centre of the School of Law, Makerere University, NETPIL, ISER, etc. which provide a broader forum for public sensitisation, research and education.[174]                                                                       

9.7 Are there any specific outcomes regarding successful implementation and /or improved recognition of the rights of persons with disabilities that resulted from the engagement of DPOs in the implementation process?

DPOs in Uganda have continued to be vibrant and have created a strong movement that has pushed for the protection and promotion of rights of persons with disabilities. These tireless efforts have culminated into a number of successful outcomes:

  • Strengthening the advocacy voice for the rights of persons with disabilities and upholding the slogan "Nothing about us without us", resulting into better recognition of persons with disabilities, and more persons with disabilities coming together to form associations to fight for a common cause.[175] This is evidenced by the increased number of CSOs focused on advocating for the rights of persons with disabilities and led by persons with disabilities, as already shown above.
  • The repeal of the Mental Treatment Act 1964 and the enactment and adoption of the Mental Health Act, 2018, which guarantees more human rights protections for persons with mental disabilities/mental illnesses;
  • NUDIPU’s submission of an Alternative Report to the CRPD Committee of Experts in 2016 resulting into the Concluding Observations to Uganda Government;[176]
  • Commitment by government to mainstream disability-inclusive planning and budgeting, leading to the development of the draft National Disability-Inclusive Planning Guidelines. This further demonstrates Government commitment to disability inclusion;
  • Different advocacy campaigns by DPOs have resulted into the Draft Justice Law and Order Sector (JLOS) Mainstreaming Guidelines;
  • Recent enactment of the Persons with Disability Act 2018 to amend the Persons with Disabilities Act of 2006 and bring it into conformity with the CRPD;
  • Through the Equal Opportunities Commission (EOC) government has enacted Gender and Equity Certificate, a toolkit used to measure different government policies and programs against set standards for gender and disability inclusion, to enhance inclusion of women and girls and also persons with disabilities in planning by Ministries, Departments and Agencies of Government (MDAs); [177]
  • The Children (Amendment) Act of 2016 that recognises the rights of all children including children with disabilities or special needs;
  • Instituting a number of successful public interest litigation cases;[178]
  • Developing the Draft Guideline Regulations to Govern the Management of Persons with Disability Cases in the Courts that have been submitted for adoption and approval by the Rules Committee of the Court;[179]
  • The adoption of the Building Control Act 2013 by the Government of Uganda, which regulates the construction of buildings to enable accessibility for persons with disabilities. This resulted into the appointment of Apollo Mukasa, a person with physical disability, as the Executive Director of Uganda National Action of Physical Disabilities (UNAPD) on the National Review Board[180] established under the BCA reflects a paradigm shift on disability inclusion by Government;
  • Improved access to information for persons with disabilities, especially persons with hearing impairments. Several advocacy agendas by DPOs as a result of the recruitment of sign language interpreters by all Television Broadcasting stations;
  • Commitment by Government to improving the social-economic welfare of persons with disabilities. Several programmes, such as the Uganda Women Entrepreneurship Programme, Youth Livelihood Programmes, and Disability Grant Programme have continued to boost the economic wellbeing of persons with disabilities in various communities; and
  • The improved participation of persons with disabilities in tertiary education through government annual sponsorship of sixty four (64) students with disabilities in public universities to acquire university education.[181] The introduction of the loan scheme has also offered an opportunity for students with disabilities who are not among the 64 to also acquire university education by seeking and obtain study loans from the government. As a result of this we have seen an increasing number of persons with disabilities graduating from tertiary institutions.                                                                                                 

9.8 Has your research shown areas of capacity building and support (particularly in relation to research) for DPOs with respect to their engagement with the implementation process?

Yes, there is need for continued research in a number of areas to better DPOs engagement in implementation processes, including:

  • Research and capacity building training on the legal frameworks and forums for access to justice;
  • Presenting reliable statistics on the varying nature of disability and prevalence in the country;
  • Understanding the concept of reasonable accommodation, accessibility and universal designs and measures that can be adopted in developing countries with resource constrains; 
  • The research on the nexus between the CRPD and the SDGs and their applicability in an African context in the promotion of the rights of persons with disabilities;
  • Research, advocacy and training to promote better understanding of the CRPD and the role of the Committee as spelt out in the Optional Protocol as well as how the international and regional bodies can be used by DPOs to advance the rights of persons with disabilities;
  • Research and understanding strategies for the realisation of legal capacity, independent living and community rehabilitation and care for persons with mental, psychosocial or intellectual disabilities;
  • Research on alternatives to medical model or approach to management of persons with mental disabilities;
  • Research on strategies for Inclusive Education for Learners with Disabilities to better DPO advocacy for the move to inclusive rather than special or segregated Education system;
  • Research on the utilisation of Information, Communication and Technology (ICT) to promote access to information for persons with disabilities; and
  • Research on law and policy advocacy and analysis to better DPOs capacity to analyse laws and policies and ensure they are disability friendly.

9.9 Are there recommendations that come out of your research as to how DPOs might be more comprehensively empowered to take a leading role in the implementation process of international or regional instruments?

Yes, there are a number of recommendations that can be made to address the factors that hinder DPOs from taking a leading role in the processes of engaging with the international and regional legal frameworks and bodies.  The key recommendations include:

  • Capacity awareness trainings on the legal frameworks (international, regional and national) protecting and promoting the rights of persons with disabilities and their relevance in Uganda's context;
  • Capacity building to enhance DPOs engagement with the treaty bodies;
  • Facilitating DPOs to undertake bench marking and study visits to other national, regional as well as international DPOs to learn best practices;
  • Training and capacity development in policy formulation, development and review, as well as monitoring and evaluation of programmes. According to the recent findings of the Agha- Khan Foundation (AKF) DPOs situation analysis report, DPOs revealed that although they have systems in place for recruitment, appraisal and staff conduct, they still have human resource gaps in areas of Monitoring and Evaluation.[182] Furthermore, their boards of directors lack the necessary knowledge and skills to adequately fundraise or review and draft policies.[183]
  • Capacity development in effective communication and media engagement;
  • Improving coordination between DPOs and NUDIPU to ensure better representation, involvement and inclusion of DPOs in the implementation processes. DPOs still recognise the relevance and role of NUDIPU as a key entity for their representation and recognition. However, DPOs still call for the need to strengthen NUDIPU's capacity and human resource gaps to better their performance as the umbrella body in involving DPOs in all process and designing activities;[184]
  • Effective networking, collaboration and strategic partnerships with other national, international and regional organisations and institutions; and
  • Addressing the fact of financial limitations faced by most DPOs which inhibit their capacity to engage in various activities that strengthen their implementation role and deepen and broaden their activities to reach out to various persons with disabilities. This can be done through training DPOs on resource mobilisation strategies to enable DPOs diversify the different sources of funding and hence leading to sustainability of the different institutions;
  • DPOs also need to be better trained in data collection, analysis, reporting and advocacy. This will better their ability to demand for programmatic or legislative transformations from the government. In the AKF report, DPOs revealed that another big challenge shared by multiple DPOs in the lack of necessary evidence to support advocacy efforts, as well as the lack of funding to engage in national-level advocacy;[185]
  • Need for training on strategies for donor retention and sustainability. This will influence effective reporting, transparency, accountability and enhancing visibility of both the DPOs and the donors;
  • Access to information about government programmes, policies and initiatives for the empowerment of DPOs remains vital to enable and enhance inclusion and meaningful participation of DPOs;
  • Develop a clear database of DPOs in Uganda to improve networking and coordination as DPO, between their membership and with Government;[186] and
  • Meaningful government or political will to support DPOs programmes and recommendations made to government entities for the realisation of the rights of persons with disabilities.

9.10 Are there specific research institutions in the region where Uganda is situated (East African Community) that work on the rights of persons with disabilities and that have facilitated the involvement of DPOs in the process, including in research?

Except for the Disability Rights and Law Projects at the School of Law, Makerere University, and the School of Law, University of Nairobi, there is no other CSO, DPO or other regional organisation conducting research on areas of disability rights or even involving DPOs in Uganda through their umbrella body NUDIPU. [187]However, the Open Society Initiative of East Africa supports a number of DPOs in the East African countries to undertake different initiatives towards promotion of rights of persons with disabilities among others.

10. Government departments

10.1 Does Uganda have a government department or departments that is/ are specifically responsible for promoting and protecting the rights and welfare of persons with disabilities? If so, describe the activities of the departments.

Yes, there are a number of Government departments that are mandated to promote the rights of persons with disabilities. These are:

  • The National Council for Disability established by the National Council for Disability Act. This a Government body responsible for monitoring the inclusion of persons with disabilities in various programmes, including reporting on human rights violations of persons with disabilities rights;
  • The Department of Disability and Elderly under the Ministry of Gender Labour and Social Development, the mother ministry for persons with disabilities. It is vested with the mandate of ensuring social protection of persons with disabilities, The Department is led by Commissioner on disability with other officers that offer services aimed at enhancing social protection;
  • The Ministry of Education has a Department of Special Needs Education and Career Guidance headed by a Commissioner to ensure the requirements of children with special needs are catered for in the programming of ministry activities. Currently, it is developing the National Inclusive Education Policy which will focus on all vulnerable learners, including learners with disabilities;
  • Equal Opportunities Commission (EOC) has made significant strides in redressing imbalances and promoting equal opportunities for all in-line with its mandate as derived from the Constitution and the Equal Opportunities Act;[188]
  • Uganda Human Rights Commission has an officer for vulnerable persons, which includes persons with disabilities. The Commission now reports on disability rights issues through their annual reports and makes recommendations to Government to address identified gaps;
  • The Ministry of Health also has a Disability and Rehabilitation section mandated to mainstream disability rights in the health sector.

11. Main human rights concerns of people with disabilities in Uganda

11.1 Contemporary challenges of persons with disabilities in Uganda? (For example in some parts of Africa ritual killing of certain classes of Persons with Disabilities, such as persons with albinism, occur)

Persons with disabilities in Uganda continue to face a number of challenges exacerbated by the negative societal attitudes that fuel stigma and discrimination. As noted by the EOC Annual Report, persons with disabilities continue to be marginalised and experience tremendous barriers in accessing social services, including health care, education and employment and are increasingly more vulnerable to disease and poverty. [189]

The challenges include the following:

  • Poverty due to no or low levels of education, low levels of employment and limited access to finances or credit facilities. Persons with disabilities also have limited access to employment both in the private and public sectors in Uganda;[190]
  • Limited focus on the promotion of inclusive education in line with the CRPD by the Government of Uganda, leaving many children in special needs education isolated from their non-disabled colleagues. EOC Report opines that the education sector still grapples with the challenge of inclusion of students with special needs. The infrastructure in majority of schools is not adopted to meet the needs of these students. Assistive devices are also very expensive, making them inaccessible to most average students with disabilities. The majority of human resource in the sector, including teachers, does not have the skills necessary to handle and teach students with disabilities;[191]
  • Limited access to health services due to inaccessible physical health facilities, negative attitudes of health practitioners, long distance to health facilities, lack of sign language interpreters, high cost of health services and assistive devices, lack of adjustable beds and handrails among others;[192]
  • Continued exclusion as well as institutionalisation of persons with mental health challenges in the national referral hospital Butabika and various other referral hospitals contrary to the CRPD.[193] This is as a result of lack of knowledge on disability inclusion and alternative strategies towards de-institutionalisation.  According to EOC Report, persons with severe mental disabilities are stigmatised and often deprived of care  within their families;[194]
  • Limited access to justice and effective remedies at all levels of the courts. The Legal Aid Service Providers Network (LASPNET) report reveals that persons with disabilities continue to be among the most vulnerable and marginalised groups of persons in relation to access to justice. This is due to a number of factors including the cost of litigation, distance to the court premises, inaccessible and disability unfriendly courts, police and prisons institutions, lack of visual aids, lack of sign language interpreters or brailed court document and general systemic discrimination;[195]
  • Discrimination in the various sectors of the society like employment, family, marriage, education and access to public amenities. Nampewo opines that persons with disabilities are sexually and socially marginalised because of their presumed inabilities.[196] This presumption is as a result of negative stereotypes and failure to appreciate the different abilities of persons with disabilities, in addition to the disempowering environment;
  • Limited access to information due to lack of brailed materials, sign language interpreters and other alternative modes of communication;[197]
  • Lack of government political will to prioritise and allocate sufficient resources to the implementation of disability programmes and policies. In spite of the inclusion of persons with disabilities in various sectors like scholarships, political representation, entrepreneurship initiatives. A lot is still required from Government to ensure full inclusion;[198]
  • Poor coordination and limited networking between DPOs necessary for the strengthening of their voices. DPOs have different programmes quite often aimed at addressing challenges of specific category. This at times results into duplication and replication of efforts;[199]
  • Financial mismanagement and corruption in the public sector that curtails effective implementation of government programmes and policies meant to promote the rights of persons with disabilities.[200] Hence leading to inefficient service delivery to persons with disabilities leaving persons with disabilities  behind contrary to the CRPD and SDGs;
  • Physical barriers which cut across all sectors like health, education, courts, transport and agriculture among others still exist that hinder access to the physical environment.[201] There is limited adoption of universal designs as required by the CRPD to improve access for persons with disabilities to all social amenities;[202]
  • Continued existence of laws that use derogatory terminology that perpetuate neglect, discrimination, labelling and stigma against persons with disabilities and violates their right to legal capacity;
  • Denial of access to and ownership of property contrary to Article 26 of the Constitution that guarantees the right to own property by individually or in association with others. This continues the economic disempowerment of persons with disabilities from realising their socio-economic rights;[203]
  • Although Uganda boosts of enactment of many progressive laws and policies for the protection of the rights of persons with disabilities, their respective effective Implementation remain a huge challenge creating a big gap between laws and policies and the practice thereof;[204]
  • Although there is special representation of persons with disabilities in the Parliament, the effective leadership role and representation of persons with disabilities by these leader at all political levels remains wanting;[205] and
  • Unfavourable guidelines and implementation of the Disbursement Guidelines for special grants for persons with disabilities and Youth livelihood programmes living it questionable how much actually goes to persons with disabilities.[206] This is further marred with corruption.

11.2 Describe the contemporary challenges of persons with disabilities, and the legal response thereto, and assess the adequacy of these responses

The legal responses identified in the 2013 report continue to be the main guarantees and responses made to-date. The government and other stakeholders are implored to design programmes and allocate resources that ensure effective implementation of the laws so to realise the rights and safeguards spelt out in the Constitution, Persons with Disabilities Act, the Children Act as amended and the Mental Health Act, 2018, among other laws.

In addition, the establishment of various institutions to advance, advocate and defend the rights of persons with disabilities in the country and breathe life into the progressive existing laws cannot be underscored.

What is left now is the Government’s sound commitment to fund these institutions and implement the existing laws and policies as well as comply with the recommendations from the Expert Committee Concluding Observations so as to begin to see the desired social transformation in the lives of persons with disabilities

11.3 Do people with disabilities have a right to participate in political life (political representation and leadership) in Uganda?

Yes, they do, as their rights are guaranteed within the constitution and the various laws. [207]

In addition the constitutional court decision Legal Action For Persons with Disabilities v Attorney General[208] emphasized the right to vote for persons with disabilities.  However, this right is largely enjoyed by those with physical, hearing and visual disabilities who are able to access the voting materials and election related information. Many others categories of persons with disabilities, especially those with mental disabilities, remain marginalised and not catered for during the electoral processes and even barred from standing for positions in public offices.[209]

11.4 Are people with disabilities socio-economic rights, including rights to health, education and other social services protected and realised in the country?

Although the socio-economic rights of people with disabilities are guaranteed rhetorically in various legal frameworks, they are not sufficiently protected and realised. People with disabilities continue to face various challenges and human rights violations as spelt out in section 11.2 above.

11.5 Specific categories experiencing particular issues / vulnerabilities

Irrespective of their age, nature of disability and location, persons with disabilities continue to face the challenges identified in section 11.1 above. The plight of persons with disabilities is well acknowledged by the government in the Ministry of Gender Labour and Social Development (MGLSD) Commitment statement that,

Up to 38.1% adults and 28.6% Children with disabilities have faced some form of stigma and discrimination...Women and girls with disabilities, Persons with Albinism, the deaf, blind, and persons with psychosocial disabilities often suffer disproportionately. Research and evaluations of the various development interventions across the country has often shown exclusion of person with disabilities...The major drivers of stigma and discrimination in Uganda include negative societal beliefs and related superstitions as well as limited awareness on management of disability.[210]

Similarly, the Equal Opportunities Commission (EOC) also notes the various challenges and vulnerabilities still faced by persons with disabilities in Uganda. It stated in its report that,

Persons with disabilities continue to be marginalised and experience tremendous barriers in accessing social services, including health, education [and] employment, and are increasingly more vulnerable to disease and poverty... For instance, the education sector still grapples with challenges of inclusion of students with special needs. The infrastructure in most of these schools is not adapted to the needs of these students. Majority of the human resource in the education sector do not have the relevant skills to handle students with disabilities. As a result there is high incidences of unemployment for persons with disabilities. As a result, most remain in small-scale businesses... Persons with disabilities are stigmatised and often deprived of productive resources even within their families. Women and girls with disabilities face double discrimination and are at high risk of abuse, neglect, mistreatment and exploitation. The National Council for Disabilities (NCD) established to monitor the extent to which persons with disabilities benefit from existing legislation, policies and programmes is, however, very constrained in terms of space, human and financial resource to fully execute its mandate.[211] 

12. Future perspectives

12.1 Are there any specific measures with regard to persons with disabilities being debated or considered in Uganda at the moment?

Yes, there are efforts towards legislative reform.

Firstly, there is a Mental Health Act 2018 recently passed and assented to by the President and now awaiting to come into force. The MHA repeals the Mental Treatment Act of 1964 that was largely premised within the medical model and was worded in derogatory language with reference to persons with mental disabilities.

Secondly, the recently enacted Persons with Disabilities Act 2018, pending assent by the President, that seeks to amend the Persons with Disability Act, 2006 and bring it in conformity with the CRPD.

Thirdly, under the Ministry of Education, there is an ongoing initiative to develop a National Inclusive Education Policy to promote access to inclusive education for learners with disabilities.[212]

Fourthly, DPOs under the Disability Coalition comprising of Network for Public Interest Lawyers, NUDIPU, Centre for Disability Law and Policy (CDLP) and Uganda Human Rights Commission are pushing the judiciary to adopt Regulations for the Management of cases of Persons with Disabilities in the Court. In addition to this, the coalition will conduct judicial training in disability rights. These Regulations once adopted and effectively implemented coupled with enhanced judicial sensitisation on disability matters will enhance and improve access to justice for persons with disabilities.[213] 

12.2 What legal reforms are being raised? What legal reforms would you like to see in Uganda and why?

Although Uganda has a number of progressive laws that protect the rights of persons with disabilities, there is still a need for continued efforts towards promoting and protecting the rights of persons with disabilities and these includes;

  • Effective implementation of the Urban Planning Act to address the need for a more accessible physical environment in all buildings;
  • Effective implementation of the positive aspects of the new Mental Health Act, 2018 to better protect the rights of persons with mental disabilities. For example, the establishment and proper funding of the Board and the Tribunal; the protection of rights stipulated in the Act as well as the Constitutions and the proper management of the right to property for persons with mental disabilities;
  • The enforcement of the Persons with Disability Act 2018 which is more in harmony with the CRPD;
  • Promoting inclusive education at all levels for learners with disabilities and also passing the National Inclusive Education Policy;
  • Strengthening and effectively implementing programmes that are tailored towards awareness and promoting advocacy on disability rights
  • Developing an effective community based care and rehabilitation framework to combat institutionalisation of persons with mental disabilities;
  • Training members of the justice sector on disability rights issues and adopting the Regulations for the management of cases of persons with disabilities to improve access to justice for persons with disabilities;
  • Ensure the Access to Information Act is effectively implemented to promote the right to access to information for persons with disabilities;
  • Effective domestication of the Marrakesh Treaty that has since been ratified to improve access to information for  persons with visual challenges;[214]
  • Improved physical access of the environment for persons with disabilities including police stations, courts and prisons; and
  • Effective adoption and implementation of all the initiatives identified in Section 9.4 above.

*                    Assistant Lecturer, School of Law, Makerere University

**                   Executive Director, Human Rights Awareness and Promotion Forum (HRAPF)                   

The authors acknowledge the research assistance of Ms. Justine Balya, Legal Officer, Human Rights Awareness and Promotion Forum (HRAPF) and Ms.  Lamara Barbra Can, Research Assistant , Public Interest Law Clinic, School of Law, Makerere University

[1]                     Uganda Bureau of Statistics, The national population and housing census 2014 – main report (2016) 8 https://www.ubos.org/wp-content/uploads/publications/03_20182014_National_Census_Main_Report.pdf (accessed 12 February 2019).

[2]                     Uganda Bureau of Statistics National population and housing census 2002 (2002) 4.

[3]                     Uganda Bureau of Statistics, The Uganda national household survey 2016/2017 (2017) 20.

[4]                     The Washington Group on Disability Statistics ‘The Washington Group short set on functioning: question specifications’ 23 October 2017 http://www.washingtongroup-disability.com/ (accessed 24 February 2019).

[5]                     n 1 above, 22.

[6]                     n 4 above.

[7]                    Uganda Bureau of Statistics Uganda national household survey (2009/2010) 138 https://www.ubos.org/wp-content/uploads/publications/03_2018UNHS_2009_2010_socio-economic_Report.pdf (accessed 12 February 2019).

[8]                  World Health Organisation International classification on impairments, disabilities and handicaps: A manual of classification relating to the consequences of disease (1980) 27, 143 & 183

[9]                   n 2 above, 17.

[10]                  n 1 above, 22.

[11]                  n 7 above.

[12]                 See generally, n 3 above.

[13]                  n 1 above, 23.

[14]                  Uganda Bureau of Statistics State of Uganda population report 2017 (2017) 102.

[15]                  n 3 above, 146-154.

[16]                  n 1 above, 22.

[17]                  n 7 above, 18.

[18]                  Above.

[19]                   UN Enable ‘Convention and Optional Protocol signatures and ratifications’: http://www.un.org/disabilities/countries.asp?navid=12&pid=166(accessed 22 February 2019).

[20]                   Office of the UN High Commissioner for Human Rights ‘Reporting status for Uganda’ https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Countries.aspx?CountryCode=UGA&Lang=EN (accessed 15 May 2019).

[21]                   Committee on the Rights of Persons with Disabilities ‘Consideration of reports submitted by States parties under article 35 of the Convention: Initial report of State party due in 2010: Uganda’ 2013. Para 18. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRPD%2fC%2fUGA%2f1&Lang=en (accessed 15 May 2019). This obligation can be inferred from the functions of the Council, which are laid out in section 6(1) of the National Council for Disabilities Act, 2006, particularly section 6(1)(f) which requires it to commission surveys and investigations regarding violations of the rights of persons with disabilities as well as take appropriate action.

[22]                   Ministry of Foreign Affairs ‘Current Ministry of Foreign Affairs’ https://www.mofa.go.ug/data/smenu/7/About%20us.html (accessed 14th May 2019).

[23]                Committee on the Rights of Persons with Disabilities Concluding observations, 2016 CRPD/C/UGA/CO/1 (2016) https://www.ohchr.org/en/countries/africaregion/pages/ugindex.aspx (accessed 17th February 2019)

[24]              ‘Government withdraws Persons with disabilities Bill 2014 after four years’ Daily Monitor 14 February 2018 https://www.monitor.co.ug/News/National/Govt-withdraws-Persons with disabilities s-Bill-2014-after-four-years/688334-4304782-wry85lz/index.html

[25]               Parliament of the Republic of Uganda ‘Law on rights of persons with disabilities in the offing’ https://www.parliament.go.ug/news/3033/law-rights-persons with disabilities s-offing (accessed 23rd February 2019)

[26]                See for example Parliament of Uganda ‘Re: The Person with Disabilities Bil[l], 2018’ Letter to the Chief Executive Officer, Uganda Law Society, 12 February 2019 (on file with author).

[27]                ‘Persons with Disabilities reject the Disability Bill’ The New Vision 15 April 2019.

[28]                National Planning Authority ‘Second National Development Plan (NDP-II)’ (2015) 63-64.

[29]                  The Republic of Uganda ‘5th periodic report by the Government of the Republic of Uganda to the African Commission on Human and Peoples’ Rights, presented at the 57th Ordinary Session, 22nd October – 5th November 2013’ 15-16.

[30]                 Above, 22-23.

[31]                African Commission on Human and Peoples’ Rights ‘Concluding Observations and Recommendations on the 5th Periodic State Report of the Republic of Uganda (2010 – 2012): 57th Ordinary Session, 04 – 18 November 2015, Banjul, The Gambia, Para 118-120 http://www.achpr.org/states/uganda/reports/5th-2010-2012/ (accessed 15 May 2019).

[32]                 Above, Para 31

[33]                 Ministry of Health National HIV and AIDS Strategic Plan 2015/2016 - 2019/2020 28.

[34]                 African Committee of Experts on the Rights and Welfare of the Child Recommendations and

observations to the Government of the Republic of Uganda by the African Committee of Experts on the Rights and Welfare of the Child on the initial implementation Report of the African Charter on the Rights and Welfare of the Child (2010) 2.

[35]                 Above, 5.

[36]                Committee on Economic, Social and Cultural Rights ‘Consideration of reports submitted by states parties under articles 16 and 17 of the International Covenant on Economic Social and Cultural Rights, Initial reports submitted by States parties due in 1990: Uganda’  2012, Para 43. https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fUGA%2f1&Lang=en (accessed 15 May 2019).

[37]                 Above, para 52.

[38]                 Above, para 79.

[39]                 Above, paras 89-90.

[40]                 Above, 49.

[41]                 Committee on Economic, Social and Cultural Rights ‘Concluding observations on the initial report of Uganda’ 2015, Para 3 .https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2fC.12%2fUGA%2fCO%2f1&Lang=en (accessed 15 May 2019).

[42]                 Above, para 15.

[43]                 Above, para 19.

[44]                 See for instance Equal Opportunities Commisison ‘EOC-NUDIPU High level dialogue on prioritising disability inclusion in FY 2018/2019, August 6, 2018http://www.eoc.go.ug/media-updates/2018/08/eoc-nudipu-high-level-dialogue-prioritising-disability-inclusion-fy-20182019 (accessed 17 May 2019). Also see Equal Opportunities Commission' ‘Physical accessibility for persons with disabilities' 2017 http://www.eoc.go.ug/sites/equalopportunities/files/publications/final_physical_accessibilitiy_report_april_2017.pdf (accessed 16 May 2019).

[45]               See for example ‘Question of unfair job opportunities for PWDs’ Daily Monitor, 6 March 2018.

[46]               Committee on the Elimination of Discrimination against Women ‘Consideration of reports submitted by States parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women, Combined fourth, fifth, sixth and seventh periodic report of States parties: Uganda’ 2009, Para 55 and 57, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fUGA%2f7&Lang=en (accessed 15th May 2019).

[47]                 Above para 129.

[48]                Above, para 8.

[49]                 Committee on the Elimination of Discrimination against Women ‘Consideration of reports submitted by States parties under article 18 of the Convention: Concluding observations of the Committee on the Elimination of Discrimination against Women: Uganda’ Forty-seventh session 4–22 October 2010, Para 46, https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW%2fC%2fUGA%2fCO%2f7&Lang=en  (accessed 15 May 2019).

[50]                 Committee on the Rights of the Child ‘Consideration of reports submitted by states parties

Under article 44 of the convention, Second periodic report of States parties due in 1997: Uganda’ Para 183 https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f65%2fAdd.33&Lang=en (accessed 15 May 2019).

[51]               Above, Para 185.

[52]                   Committee on the Rights of the Child ‘Consideration of reports submitted by states parties under article 44 of the convention: Concluding observations of the Committee on the Rights of the Child – Uganda’         https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2f65%2fAdd.33&Lang=en Para 47.

[53]                  The Children Act Cap 59 (as amended), section 9(4).

[54]                  Above, section 9(a), (b) and (c).

[55]                  Government of Uganda National report submitted in accordance with paragraph 5 of the annex to Human Rights Council Resolution 16/21 https://documents-dds-ny.un.org/doc/UNDOC/GEN/G16/221/01/PDF/G1622101.pdf?OpenElement (accessed February 18th 2019)

[56]                   B Kabumba ‘The application of international law in the Ugandan judicial system: A critical enquiry’ in M Killander (ed) International law and domestic human rights litigation in Africa (2010) 83-87.

[57]                       For example in Centre for Health Human Rights and Development and Another v Attorney General, Constitutional Petition No. 64 of 2011; Uganda v Yiga Hamidu and others, Criminal session case No. 5 of 2005;  Victor Mukasa and Another v Attorney General  High Court Misc Cause No. 24 of 2006.  For a detailed discussion see Kabumba, above, 96-97.

[58]                      National Objectives and Directive Principles of State Policy, Objective XXVIII.

[59]                   Above, sections 5 and 6.

[60]                   Above, sections 7 and 8

[61]                   Above, sections 12, 13 and 14.

[62]                   Above, section 21.

[63]                   Above, section 22.

[64]                   Above, section 23.

[65]                   Above, section 17.

[66]                   Above, sections 32-38.

[67]                   The Persons with Disabilities Act, 2018.

[68]                    ‘New PWDs Bill is worse, says MP’ Daily Monitor, 19 February 2019.

[69]                    The National Council for Disability Act, 2003.

[70]                    Above, section 5.

[71]                    Above, section 6.

[72]                    The Mental Treatment Act, Cap 279 (Laws of Uganda) sec 4, 6 & 9.

[73]                  Under section 1 of the Act, the law comes into force on a date to be appointed by the Minister.

[74]                  Initiative for Social and Economic Rights (ISER) Analysis of the Mental Health Bill, 2014: Submission to the Health Committee of the Parliament of Uganda 8 February 2018.

[75]                   The Mental Health Act, 2018, section 20(1).

[76]                  Above, section 20(3).

[77]                  Above, section 22(1).

[78]                  Above, section 22(2).

[79]                  Above, section 22(3).

[80]                    Equal Opportunities Commission Act, 2007, section 14.

[81]                    Above, section 5(1).

[82]                    The Business, Technical, Vocational Education and Training Act, 2012, section 4(h).

[83]                    Above, section 16(1)(e).

[84]                    The Employment Act, 2006, section 6(3).

[85]                    Above, section 20(f).

[86]                    Above, section 34 and section 97(2)(f).

[87]                    The Universities and Other Tertiary Institutions Act, 2001, section 24(1)(b).

[88]                    Above, section 28(3).

[89]                    Workers Compensation Act, 2000, Long title.

[90]                    Above, section 13.

[91]                    Above, section 3.

[92]                    Section 13(4).

[93]                    Local Governments Act, sections 10, 23, 47.

[94]                    Above, section 2(c) as amended by the Local Governments (Amendment) Act, 2001, section 2.

[95]                    Above, section 54(2)(b) as amended by The Local Governments (Amendment) Act, 2005, section 13.

[96]                    Above, section 118(2)(b) as amended by The Local Governments (Amendment) Act, 2005, section 23.

[97]                    The Traffic and Road Safety Act, 1998, section 41(3)

[98]                    Above, section 131.

[99]                   The Uganda National Institute of Special Education Act, cap 138, section 1(e)

[100]                   Above, sections 4 and 5

[101]                   Network of Public Interest Lawyers: Judicial decisions relating to persons with disabilities in Uganda: A Case Digest' (2017), Commissioned by NETPIL, School of Law, Makerere University.  NETPIL Publication No.2

[102]                  Constitutional Petition No.64 of 2011

[103]                    HC-01-CV-MC-0011OF 2015.

[104]                    High Court of Uganda, Misc App No 146/2011, judgment delivered 20 May 2014 (unreported) case http://www.ulii.org/ug/judgment/high-court/2014/42  (accessed 20 Feb 2019.

[105]               Constitutional Petition No. 40 of 2010

[106]               HCT-00-CC-CS-0106-2009

[107]               HCT-00-FD-MC-0001-2009.

[108]                 HCT-11-CSC-122/2011.

[109]                 High Court of Uganda Civil Suit No 23/2008 (unreported).

[110]                 High Court Civil Suit No. 133 of 2017.

[111]                     National Planning Authority Second National Development Plan (NDP-II) (2015) 63.

[112]                     Ministry of Gender, Labour and Social Development National Policy on Disability in Uganda

(2006).

[113]                    Norwegian Association of the Disabled Evaluation of the community based rehabilitation program in Uganda: Final report (2005).

[114]                   Ministry of Gender, Labour and Social Development Community Rehabilitation Programme for the Disabled http://www.mglsd.go.ug/programmes/community-rehabilitation-programme-for-the-disabled.html

(accessed 10 March 2014).

[115]                   United Nations Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction UN Treaty Series Volume 2056, 211.

[116]                   Ministry of Gender, Labour and Social Development ‘The Uganda comprehensive plan of action on victim assistance’ (2008-2012) 2.

[117]               Note that the Act was passed in 2003, prior to the adoption of the CRPD and its subsequent ratification by Uganda.

[118]              The National Council for Disability has over the years undertaken several researches and published various reports, which can be accessed at https://www.ncd.go.ug/publications.

[119]                Long Title to the Equal Opportunities Commission Act, 2007.

[120]                The Equal Opportunities Commission Act, 2007 section 14.

[121]                See n  44 above.

[122]              Article 52 (1) of the Constitution.

[123]                  See reports at www.uhrc/reports (accessed 24th February 2019).

[124]                  The Uganda Human Rights Commission ‘Submission to the Committee on the Convention of the Rights of Persons with Disabilities’ 2016.

[125]                  Above.

[126]                  Above.

[127]                  Articles 223 of the Constitution. For more information on the work of the Inspectorate see Inspectorate of Government ‘Mandate of the Inspectorate of Government’ https://www.igg.go.ug/about/mandate/ (accessed 16 May 2019).

[128]                 Article 225 of the Constitution.

[129]                  For more information, see National Union of Disabled Persons (NUDIPU) ‘About us’ http://nudipu.org/about-us/ (accessed 16 May 2019).

[130]                  Above.

[131]                 For more infromation see Action on Youth with disabilities Uganda ‘About us’ http://www.aydu.org/aboutus.html (accessed 16 May 2019).

[132]                 Africa Albino Foundation Uganda ‘About’ https://albinofoundationuganda.wordpress.com/about/ accessed February 25th 2019.

[133]                For more information see Corse Rehabilitation Hospital ‘Who we are’ https://corsuhospital.org/about.php  (accessed 13th May 2019).

[134]                Katalemwa Cheshire Home for Rehabilitation Services, ‘Mission’ https://katalemwacheshire.org/ (accessed 1th May 2019).

[135]                Legal Action for Persons with Disabilities ‘About Us’  http://lapduganda.org/about-us/ (accessed 13th May 2019).

[136]               Mental Health Uganda ‘About Us’ https://www.mentalhealthuganda.org/about-us/ (accessed 25th February 2019).

[137]               Sight Savers International ‘What we do’ https://www.sightsavers.org/ (accessed 13th May 2019).

[138]               National Union of Women with Disabilities Uganda ‘About us’ https://www.nuwoduganda.org/index.php/about-us/ (accessed 16 May 2019).

[139]             Uganda National Association of Cerebral Palsy, ‘About Us’ http://unacp.org/about-us/ (accessed 25th February 2019).

[140]               n 130 above.

[141]               National Disabled Peoples Union (NUDIPU) ‘Memberships’ http://nudipu.org/membership/ (accessed 16 May 2019).

[142]                   For more information see, Union of International Associations ‘Eastern Africa Federation of the Disabled (EAFOD)’ https://uia.org/s/or/en/1122277495 (accessed 16 May 2019).

[143]                  Ecumenical Disability Advocates Network ‘http://www.edan-wcc.org/ (accessed 15 May 2019).

[144]                   Interview with David Nangosi, Programme Officer, National Disabled Peoples Union (NUDIPU), 20 February 2019.

[145]                  Above.

[146]                  Uganda Human Rights Commission ‘Concluding Observations and Recommendations on the CRPD’ http://uhrc.ug/concluding-observations-and-recommendations-crpd (accessed 16 May 2019).

[147]                  Above.

[148]                   Disability Rights Fund ‘Uganda CRPD and SDGs Update October, 2017’ www.disabilityrightsfund.org/wp-content/uploads/Uganda-CRPD-Updat-2017.pdf (accessed 16 May 2019).

[149]                   National Planning Authority National disability-inclusive planning guidelines for Uganda, 2017.

[150]                   Ministry of Gender Labour and Social Development Government of Uganda's commitment to disability inclusion, 2018, 7-9.

[151]                  Disability Rights Fund, n 148 above.  Interview with David Nangosi, n 145 above.

[152]                 ‘No more compromise on sign language – UCC’ New Vision, 13 November 2018.

[153]                 ‘Uganda police to recruit sign language interpreters’ New Vision, 8 April 2019.

[154]                 See Uganda Human Rights Commission ‘Draft of High Court Rules – Judicature Rules on handling matters involving persons with disabilities’.

 http://uhrc.ug/draft-high-court-rules-%E2%80%93-judicature-rules-handling-matters-involving-persons-disabilities (accessed 16 May 2019).

[155]                  National Union Of Disabled Persons of Uganda (NUDIPU) Alternative report to the UN committee of experts on the implementation of the Convention on the Rights of Persons with Disabilities (CRPD) December 2014, 10.

[156]                Interview with David Nangosi, n 145 above.

[157]                Interview with David Nangosi, n 145 above.  For some of the studies that NUDIPU has done, see http://nudipu.org/research-analysis/.

[158]                See for instance NUDIPU 1. No Poverty: Sustainable Development Goals; Policy Brief,; NUDIPU 2. Zero Hunger: Sustainable Development Goals; Policy Brief’ and NUDIPU, 11. Sustainable Cities and Communities: Sustainable Development Goals; Policy Brief.

[159]               ‘Persons with disabilities stage demo over postponed judgment’ Daily Monitor, 7 June, 2013.

[160]                See National Union of Disabled Persons Uganda (NUDIPU) Rapid Analysis of the Participation and Involvement of Persons with Disabilities in the Implementation Frameworks of SDGs 1, 2 and 11 http://nudipu.org/download/sdgs-final-report_2/ (accessed 16 May 2019).

[161]               Interview with David Nangosi, n 145 above.

[162]               Above.

[163]               Above.

[164]               Ministry of Gender Labour and Social Development, n 151 above, 17.

[165]              Interview with David Nangosi, n 145 above.

[166]              Above.

[167]              Above.

[168]              Interview with David Nangosi, n 145 above.

[169]             Above.

[170]             Above.

[171]             Above.

[172]             Above.

[173]             Article 78(4) of the Constitution. Also see Parliamentary Elections (Special Interest Groups) Regulation SI No.31 of 2001.

[174]                 Interview with David Nangosi, n 145 above.

[175]                 Above.

[176]                 Above.

[177]                 Above.

[178]                As discussed in section 5.1 above

[179]                Interview with David Nangosi, n 145 above.

[180]                The Board oversees the implementation of the BCA.

[181]                Interview with David Nangosi, n 145 above.

[182]                Agha Khan Foundation (AKF) Organisational Capacity Assessment  (OCA) Report: DPO Situation Analysis', 7.

[183]               Above.

[184]              Above, 4-6.

[185]               Above, 8.

[186]               AKF, n 183 above, 9.

[187]              Interview with David Nangosi, n 145 above.

[188]                Equal Opportunities Commission (EOC) Annual report of the state of equal opportunities in Uganda (2016-2017). http://www.eoc.go.ug/sites/equalopportunities/files/publications/4th_annual_report_on_the_state_of_equal_opportunities_in_uganda_0.pdf, 6.

[189]                    Above.

[190]                    D Ahumuza,' Disability policies, access to employment in the private sector in Uganda' East African Journal for Peace and Human Rights, (2018) 24. 1, 93.

[191]                    EOC, n 189, 6.

[192]                    B Twinomugisha ‘Maternal Health Rights for Women with Disabilities in Uganda' (2018) East African Journal for Peace and Human Rights, 24. 1, 8.

[193]                    Mental Disability Advocacy Centre (MDAC) Psychiatric hospitals in Uganda: A human rights investigation' (2014). http://www.mdac.org/sites/mdac.info/files/psyciatric_hospitals_in_uganda_human_rights_investigation.pdf (accessed 12 February 2019)

[194]                  EOC, n 189 above, 6.

[195]                 Legal Aid Services Providers Network (LAPSNET) Access to justice for the vulnerable groups.

[196]                 Z Nampewo, 'We have a right to marry and reproduce for women with disabilities in Uganda,' (2018) East African Journal for Peace and Human Rights 24:1, 65.

[197]                 K Mayambala 'Access to published works for persons who are blind, visually impaired or otherwise print disabled in Uganda,' (2018) East African Journal for Peace and Human Rights 24: 1, 39.

[198]                Interview with David Nangosi, n 145 above.

[199]                Above.

[200]               Interview with David Nangosi, n 145 above.

[201]                Above.

[202]               EOC, n 189, above.

[203]               Interview with David Nangosi, n 145 above.

[204]               Above.

[205]               Above.

[206]               Above.

[207]             See section 3, above for the different laws.

[208]             n 105  above.

[209]             Equal Opportunities Commission and United Nations Officer of the High Commissioner on Human Rights Report The rights of persons with disabilities in Uganda: An assessment of selected national laws in relation to the convention on the rights of persons with disabilities (2018), 10.

[210]              Ministry of Gender, Labour and Social Development, n 151 above, 13.

[211]              Equal Opportunities Commission, n 189 above, 6.

[212]                  Interview with David Nangosi, n 144 above.

[213]                  Interview with David Nangosi, n 144 above.

[214]             Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled. Adopted in Maarakesh.