Employment of Persons with Disabilities in the Formal Labour Market

Uganda - Legislation

DISABLED PEOPLE’S ORGANISATIONS, DENMARK – NATIONAL UNION OF DISABLED PERSONS OF UGANDA February 2016

ABSTRACT

This report is the fifth report in a series under the project “Promoting inclusion of persons with disabilities in the formal labour market through innovative partnerships between the disability movement and the private and public sector” by the Disabled People’s Organisations, Denmark. The project seeks to identify and map influencing factors on employment of persons with disabilities in the formal labour market in South Africa, Ghana and Uganda. This report is the first of two reports from Uganda; this report focusing on the legislative framework on disability and the second focusing on factors identified through a mapping exercise with the disability sector and employers in Uganda.

Contents1. Introduction....................................................................................................................................3

2. The National Council for Disability Act, 2003.................................................................................52.1. Objectives of the Council.......................................................................................................................52.2. Functions of the Council........................................................................................................................62.3. Composition of the Council...................................................................................................................72.4. Chairperson of the Council....................................................................................................................82.5. District Council for Disability..................................................................................................................82.6. Functions of District Council for Disability.............................................................................................82.7. District or City Secretariat and Staff.......................................................................................................92.8. Sub-County Council for Disability..........................................................................................................92.9. Functions of Sub-County Council for Disability......................................................................................9

3. The Persons with Disabilities Act, 2006........................................................................................103.1. Definitions...........................................................................................................................................113.2. Objects of the Act................................................................................................................................123.3. Disability Codings.................................................................................................................................123.4. Education.............................................................................................................................................123.5. Prohibition of Discrimination from Educational Services.....................................................................133.6. Prohibition of Discrimination in Employment......................................................................................143.7. Employment of Persons with Disability...............................................................................................143.8. Discriminative Medical Examination....................................................................................................153.9. Discrimination against Employees.......................................................................................................153.10. Access to Work Premises...................................................................................................................163.11. Tax Reduction....................................................................................................................................163.12. Access to Premises............................................................................................................................163.13. Duty to provide access to buildings...................................................................................................163.14. Access to Information........................................................................................................................173.15. Access to public transport facilities...................................................................................................173.16. Protection of Visually Impaired Road Users.......................................................................................183.17. Discrimination relating to Goods, Facilities and Services...................................................................183.18. Right to Supportive Services..............................................................................................................183.19. Affirmative Action in Favour of Persons with Disabilities..................................................................193.20. Transitional provisions.......................................................................................................................19

4. The Employment Act, 2006..........................................................................................................194.1. Interpretation......................................................................................................................................204.2. Discrimination in Employment............................................................................................................204.3. Returns and Statistics..........................................................................................................................204.4. Annual Report......................................................................................................................................214.5. Labour Advisory Board.........................................................................................................................214.6. Functions of Board...............................................................................................................................21

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4.7. Special Categories of Employees.........................................................................................................224.8. Prohibition on certain deductions.......................................................................................................224.9. Reasons for Termination or Discipline.................................................................................................22

5. The Equal Opportunity Act, 2006.................................................................................................225.1. Employment........................................................................................................................................235.2. Monitoring and Evaluation..................................................................................................................24

6. The Local Government Act, 1997 (amended 2001)......................................................................24

7. The Parliamentary Elections Act, 2001.........................................................................................24

8. The Education (Pre-Primary, Primary And Post-Primary) Act, 2008.............................................24

9. Universities and other Tertiary Institutions Act, 2001 (amended 2003 and 2006)........................259.1. Composition of the National Council for Higher Education.................................................................259.2. Objects and Functions of a Public University.......................................................................................259.3. Admission to a Public University..........................................................................................................259.4. University Council for Public University...............................................................................................26

10. The Business, Technical, Vocational Education and Training (BTVET) Act, No. 12, 2008............26

11. The Workers Compensation Act, 2000.......................................................................................26

12. The Occupational Safety and Health Act, 2006..........................................................................26

13. The Uganda Peoples’ Defence Forces Act, 2005.........................................................................27

14. Uganda Communications Act, 1998...........................................................................................27

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1. IntroductionDisabled People’s Organisations, Denmark (DPOD) is a Danish umbrella organisation with 33 member organisations, representing 320.000 people in Denmark. In cooperation with the member organisations the DPOD Department for Development Cooperation seeks to advance the lives and human rights of persons with disabilities in the developing world. This is done through partnerships with local disability organisations with a focus on organisational development and capacity building.

DPOD has a strong connection with the African disability movement and with funding through the Ministry of Foreign Affairs of Denmark the organisation are in 2014/2015 supporting the national umbrella disability organisations in Ghana and Uganda and their focus on formal employment for persons with disabilities. The project’s aim is to contribute to the overall development goal of:

A Ugandan and Ghanaian society where persons with disabilities are included as valued and active members of the formal labour market resulting in a significantly increased employment rate for persons with disabilities.

In 2010 – 2013 DPOD supported an employment project focusing on employment of persons with disabilities in the formal sector in the Western Cape Province, South Africa. It is on this basis that the learnings from this project and the South African context in general regarding disability and employment that DPOD is partnering with the Ghana Federation of the Disabled (GFD) and National Union of Disabled Persons of Uganda (NUDIPU) on the current project. Though the South African experiences cannot be directly transferred to the very different settings in Uganda and Ghana, the South African legislation and experiences can still serve as inspiration to other countries.

The project initiated with a mapping exercise in South Africa through engagement with the disability sector, private and public employers and stakeholders in identifying and mapping successful and innovative initiatives and best practices within the private and public sectors as well as looking at enabling policies and legislative frameworks. This was then followed by similar research in Ghana and Uganda with the project culminating in a joint learning workshop with representatives from the disability movements, the private sector and government across the three countries sharing experiences and lessons learnt to initiate new and innovative ideas and partnerships.

This report is on the mapping done in Uganda in September – October 2015. It gives an overview of the legislative framework related to persons with disabilities and employment in Uganda. The report is not an analysis of the legislation and it does not look at the implementation and enforcement of the legislation but rather tries to collate Acts and Policies which focus on and influence disability and employment.

The Constitution of Uganda of 1995 particularly Articles 32 (affirmative action for marginalized groups) and 35 (rights of persons with disabilities) ensures the rights and opportunities of persons with disabilities and currently the Ministry central to ensuring these rights and opportunities of persons with disabilities and their participation in the formal labour market are the Ministry of Gender, Labour and Social Development.

In 2006 the Ugandan government passed the Persons with Disabilities Act and in 2008 it signed and ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The Ugandan government had a

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representative on the Committee working on the formulation of of the Convention which contributed to setting the agenda on disability and development in Uganda and internationally.

The Persons with Disabilities Act is still the central legislative framework on disability in Uganda with focus on health, education, transport, justice and employment. The section on employment focuses on formal employment, persons with disabilities as business owners, training of persons with disabilities and rehabilitation. Furthermore, it outlines incentives and quotas on employment of persons with disabilities in the formal labour market.

The Persons with Disabilities Act and the Employment Act, 2006 are the two central pieces of legislation regarding disability and employment. A third central Act is the National Council for Disability Act which establishes the National Council for Disability (NCD) to promote the implementation and equalisation of opportunities for persons with disabilities, to monitor and evaluate the impact of policies and programmes on disability and to advocate for the enactment of laws and the review of existing laws. These three Acts are directly related to and influence the rights and opportunities for persons with disabilities in the formal labour market. Therefore, these Acts are described in more details in chapters 2-4 starting with a summary overview of the Act and followed by extracts from the Acts of sections directly related to employment of persons with disabilities

Other Acts and Policies are also included in the report as they also influence the employment of persons with disabilities. However, these Acts have a limited focus on disability and employment and the Acts are therefore summaries in short on the chapters 5 – 15 and includes:

- The National Equal Opportunities Policy, 2006 - The Local Government Act, 1997 (amended 2001) - The Parliamentary Elections Act, 2001- The Education (Pre-Primary, Primary And Post-Primary) Act, 2008- Universities and other Tertiary Institutions Act, 2001 (amended 2003 and 2006) - The Business, Technical, Vocational Education and Training (BTVET) Act, No. 12, 2008- The Workers Compensation Act, 2000- The Occupational Safety and Health Act, 2006- The Uganda Peoples’ Defence Forces Act, 2005- Uganda Communications Act, 1998 - The Public Service Act, 2008

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2. The National Council for Disability Act, 2003The National Council for Disability Act establishes the National Council for Disability on national and local level. The objectives of the Council is to promote the implementation and equalisation of opportunities for persons with disabilities, to monitor and evaluate the impact of policies and programmes on disability and to advocate for the enactment of laws and the review of existing laws.

The Council is to act as a co-ordinating body between Government departments, other service providers and persons with disabilities as well as the Council is a body at national level through which the needs, problems, concerns potentials and abilities of persons with disabilities can be communicated to Government and its agencies for action.

The Council is to consist of a range of representatives from across ministries responsible for: local governments; finance, planning and economic development; health; education and sports; gender, labour and social development; public service; justice and constitutional affairs; works, housing and communication.

As well as: two persons with disabilities, male and female from each region nominated by the National

Organisations of persons with disabilities; one parent of a child with disabilities; one professional and experienced person in the field of disability; one representative of the youths with disabilities; one representative of the Federation of Uganda Employers; one representative of Non-Governmental Organisations working with persons with disabilities; one Member of Parliament representing persons with disabilities elected by the Members of

Parliament representing persons with disabilities.

The Act also establishes District Councils for Disability as well as Municipal, City Division, Municipal Division, Town or Sub-county Councils for Disability.

Below are relevant extracts from the Act. The numbering in the text refers to the numbering of the sections in the Act.

2.1. Objectives of the Council5. The objectives of the Council are—

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

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

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

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

2.2. Functions of the Council6. Functions of the Council

( 1) The functions of the Council are—

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

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

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

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

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

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

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

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

and take appropriate action in relation thereto or refer the matter to

the relevant authority;

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

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

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

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

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

2.3. Composition of the Council7. Composition of the Council

(1) The Council shall be composed of the following members to be appointed by the Minister—

(a) one representative of the following Ministries in charge of issues relating to disabilities as ex-officio members—

(i) Ministry responsible for local governments;

(ii) Ministry responsible for finance, planning and economic development;

(iii) Ministry responsible for health;

(iv Ministry responsible for education and sports;

(v) Ministry responsible for gender, labour and social development;

(vi)Ministry responsible for public service;

(vii) Ministry responsible for justice and constitutional affairs;

(viii) Ministry responsible for works, housing and communication;

(b) two persons with disabilities, male and female from each region nominated by the National Organisations of persons with disabilities and approved by the Minister;

(c) one parent of a child with disabilities appointed by the Minister in consultation with the national organisations of persons with disabilities;

(d) one professional and experienced person in the field of disability, appointed by the Minister in consultation with national organisations of persons with disabilities;

(e) one representative of the youths with disabilities appointed by the Minister in consultation with the National Organisations of persons with disabilities;

(f) one representative of the Federation of Uganda Employers appointed by the Minister in consultation with the Federation;

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(g) one representative of Non-Governmental Organisations working with persons with disabilities appointed by the Minister in consultation with the National Organisations of persons with disabilities;

(h) one Member of Parliament representing persons with disabilities elected by the Members of Parliament representing persons with disabilities.

(4) At least one third of the members of the Council shall be female.

2.4. Chairperson of the Council9. Chairperson of the Council

(1) The Council shall elect the Chairperson and the Vice-Chairperson of the Council from Members of the Council who are persons with disabilities, taking into consideration gender balance.

2.5. District Council for Disability18. Disctict Council for Disability

(1) The Chairperson of a District or City Local Government Council shall appoint members of the District or City Council for Disability to serve for a period of three years.

2.6. Functions of District Council for Disability19. The functions of the District Council for Disability are—

(a) to coordinate and monitor the implementation of policies and programmes for persons with disabilities in the District;

(b) to promote and advocate for the integration of services for person with disabilities in the District Plans of Action;

(c) to advocate for the implementation of national policies on disability in the District or City;

(d) to submit reports on the situation of persons with disabilities in the District or City Local Government Council and to the National Council for Disability twice a year;

(e) to inquire into any matter that violates the rights of persons with disabilities and non-compliance with laws, regulations, policies or programs relating to disability and recommend appropriate action to the relevant body at the District or City level, if appropriate or to the National Council; and

(f) to perform any other function that may enhance the wellbeing of persons with disabilities in the District or city.

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2.7. District or City Secretariat and Staff20. District of City Secretariat and staff

(1) A District or City Council for Disabilities shall have a Secretariat which shall plan, coordinate and generally assist the Council in carrying out the functions and day-to-day operations of the Councils.

2.8. Sub-County Council for Disability21. Sub-County Council for Disability

(1) The Chairperson of a Municipal, City Division, Municipal Division, Town or Sub-county local Council shall appoint members to the Municipal, City Division, Municipal Division, Town or Sub-county Council for disability as the case may be, who shall serve for a period of three years.

2.9. Functions of Sub-County Council for Disability22. Functions of Sub-County Council for Disability

The functions of a Municipal, City Division, Municipal Division, Town or Sub-county Council for Disability are—

(a) to coordinate and monitor the implementation of policies and programmes for persons with disabilities in the Sub-county;

(b) to promote and advocate for the integration of services for persons with disabilities in the Sub-county Plan of Action;

(c) to advocate for the implementation of District and national policies on disability;

(d) to submit reports on the situation of persons with disabilities in the Sub-county to the District Council for Disability twice a year;

(e) to perform any other function that will enhance the wellbeing of persons with disabilities in the Sub-county;

(f) inquire into any matter that violates the rights of persons with disabilities and non-compliance with laws, regulations, polices or programs relating to disability and recommend appropriate action to the District or City Council for Disability for relevant action; and

(g) to submit in a year; reports to the District or City Council for Disability every after six months.

(2) The members of the Municipal, City Division, Municipal Division, Town and Sub-county Council for Disability shall elect from among the members of the Council having disabilities a Chairperson and a vice Chairperson taking into consideration gender balance.

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3. The Persons with Disabilities Act, 2006The Persons with Disabilities Act is to provide a comprehensive legal protection for persons with disabilities in accordance with Article 32 and 35 ofthe Ugandan Constitution and to make provisions for the elimination of all forms of discrimination against persons with disability towards equalization of opportunities.

The Objects of the Act are: a) to promote dignity and equal opportunities to persons with disabilities; b) to develop and promote the participation of persons with disabilities in all aspects of life as equal

citizens of Uganda; c) to encourage the people and all sectors of government and Community recognize, respect and

accept difference and disability as part of humanity and human diversity; d) to eliminate all forms of discrimination of persons with disabilities on ground of their disabilities; e) to encourage all sectors of government and community to promote and include disability issues

into all economic, political and social development policies and programmes; f) to promote positive attitude and image of persons with disabilities as capable and contributing

members of society, sharing the same rights and freedoms as other members of society.

The Act encourages inclusive education and the establishment of special schools where inclusive education is not possible. The Government shall formulate policies that give children with disabilities access to relevant education at all levels. Furthermore, the Act stipulates that learning material and assistive devices for learners with special needs must be provided as well as structural and other adaptations of all educational institutions must be done. The provision of assistive services during examinations including giving extra time must be provided for students with disabilities.

The Act also stipulates the inclusion of a module on teaching children with special needs in the curricula of the teacher training courses and the provision of adequate training for special teachers as well as in-service training for current teachers in mainstream schools to cater for the educational development of persons with disabilities. With the Act the Government gives a commitment of not less than 10% of all educational expenditure to the educational needs of persons with disabilities at all levels.

The Act prohibits the discrimination of persons with disabilities from educational services on the grounds of his/her disability and access to educational services cannot be denies on the grounds of disability.

Regarding employment the Act prohibits discriminate against a qualified person on the grounds of that person's disability in regard to any job application procedures, hiring, promotion, employee compensation, job training, and other terms, conditions, and privileges of employment. The Act further states that persons with disabilities have a right to practice their professions and to carry on any lawful occupation, trade or business of their choice. The Government shall encourage all government and private sectors to promote the right to empowerment of persons with disabilities, including those who acquire disability during the course of their employment, to work on an equal basis with others and to earn a living by work through a quota system of employment. This quota shall be determined by the Minister responsible for labour in consultation with employers’ organisations.

Each employer shall where appropriate in any job advertisement, indicate that persons with disabilities would be considered, employers are required to carry out appropriate modifications in their work premises

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to facilitate the employment of persons with disabilities and they can claim tax exemption on any costs incurred as a result of the modifications carried out. Each year employers must submit returns of employment of persons with disabilities to the Minister and the Minister shall, at the end of each financial year, report to Parliament the status of employment of persons with disabilities in the country.

Furthermore, private employers who employ ten or more persons with disabilities either as regular employees, apprentice or learner on full time basis shall be entitled to tax deduction of 15% of all pay able tax upon proof to the Uganda Revenue Authority1.

Regarding accessibility it is the responsibility of the employer to ensure that the physical features of the premises occupied by an employee do not place an employee with a disability at a disadvantage and all public buildings must be accessible. It is the duty of the responsible Government authority to promote the rights of persons with disabilities to access information. This should be done through the development and use of sign language, tactile, sign language interpreters in all public institutions and at public functions as well as brailing of public information, such as Government documents, government newspapers and other publication. Television stations shall provide sign language inset or subtitles in at least one major news cast programme each day and in all special programmes of national significance and telephone companies shall provide special telephone devices for the hearing-impaired.

The Act states that the Government shall take affirmative action in favour of persons with disabilities for the purpose of redressing imbalances which exist against them. However, until such time as the disability standards have been operationalised by the Council, the provisions of this Act shall not render unlawful anything done by a person incompliance with another law which is in conflict with this Act.

Below are relevant extracts from the Act. The numbering refers to the numbering of the sections in the Act.

3.1. Definitions2. Definitions

"person with disability" means a person having physical, intellectual, sensory or mental impairment which substantially limits one or more of the major life activities of that person.

"Disability" means a substantial functional limitation of daily life activities caused by physical, mental or sensory impairment and environment barriers resulting in limited participation.

1 The clause on the tax waiver was amended in the Income Tax Amendment Act of 2009 to a tax waiver of up to 2% for companies, which have 5% employees with disabilities. The Income Tax Act of 2010 (as it is revised annually) repealed this provision in favour

of the special grants to persons with disabilities for income-generating projects administered locally in the districts.

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3.2. Objects of the Act 3. Objects of the Act

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

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

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

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

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

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

3.3. Disability Codings4. Disability codings

(1) The disability codings provided in the First Schedule shall determine—

(a) Whether an impairment has a substantial functional limitation of daily life activities; or

(b) Whether an impairment has a long-term effect on a person.

(2) The decision as to whether an impairment has a substantial Functional limitation of daily life activities or a long-term adverse effect on the ability of a person shall be based on the coding provided Under subsection(1).

(3) In addition to the provisions of subsection (2) a medical Officer and any relevant organization of or for persons with disabilities shall be consulted.

3.4. Education5. Education

Government shall, promote the educational development of persons with disabilities through—

(a) Encouragement of inclusive education;

(b) The formulation and design of educational policies and Programs that promote the special needs and requirements of persons with disabilities;

(c) The formulation of policies that give children with disabilities access to relevant education at all levels paying particular attention to the requirements of the girl child and children in rural areas;

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(d) the establishment of special schools and units, where inclusive education is not possible, with curricula designed for different disability conditions;

(e) the inclusion of a module on teaching children with special needs in the curricula of teacher training courses;

(f) the provision of adequate training for special teachers and in service training for current teachers in mainstream schools to cater for the educational development of persons with disabilities;

(g) the provision of learning instructional materials and assistive devises suitable for learners with special needs;

(h) the enforcement of recruitment and retention of special education teachers in all schools and institutions;

(i) structural and other adaptations of all educational institutions to the needs of persons with disabilities and promotion of specialized institutions that facilitate research and development of their education;

(j) the commitment of not less than 10% of all educational expenditure to the educational needs of persons with disabilities at all levels;

(k) the provision of assistive services during examinations including giving extra time suitable

for students with special disability needs.

3.5. Prohibition of Discrimination from Educational Services6. Prohibition of discrimination from educational services

(1) A person shall not discriminate a person with disability to deny him or her educational services on the ground of his or her disability.

(2) A person shall discriminate a person under sub section (1) -

(a) if he or she refuses or fails to accept an application for admission in an educational institute by a qualified person because of that person's disability.

(b) if the terms or conditions of admission to his or her educational institution excludes persons with disabilities;

(c) by denying or limiting access to any benefit or service provided by the educational institution to a student with a disability;

(d) by expelling a student because of his or her disability;

(e) by subjecting a student with disability to any other unfair treatment, relating to his or her disability.

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3.6. Prohibition of Discrimination in Employment12. Prohibition of discrimination in employment

(1) A person shall not discriminate against a qualified person on ground of that person's disability in regard to any job application procedures, hiring, promotion, employee compensation, job training, and other terms, conditions, and privileges of employment.

(2) For purposes of sub section (1), the following shall constitute acts of discrimination—

(a) limiting, segregating or classifying a job applicant with disabilities in such a manner that adversely affects his or her work opportunities:

(b) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out persons with disabilities;

(c) utilizing standards, criteria, or methods of administration showing the effect of discrimination on the basis of disability or perpetuating the discrimination of others who are subject to common administrative control;

(d) providing less payment, remuneration or fringe benefits, to a qualified employee with disabilities, than the amount paid to a non-disabled performing the same work;

(e) favoring a non-disabled employee over a qualified employee with disabilities with respect to promotion, training opportunities, study and scholarship grants, solely on account of the latter’s disability;

(f) re-assigning or transferring a qualified employee with disabilities from a job or position he or she can perform to one which he or she cannot perform because of hi of her disability;

(g) dismissing or terminating the services of a qualified employee with disabilities on ground of his or her disability unless the employer can prove that he or she affects the satisfactory performance of the work to the prejudice of the business and that the employer tried to provide reasonable accommodation for persons with disabilities and received no better results;

(h) failing to select or administer in the most effective manner, employment tests which accurately reflect the skills, and aptitude of an applicant or employee with disabilities, rather than the impaired sensory, manual or speaking skills of such applicant or employee: if any; and

(i) excluding persons with disabilities from membership in labour unions or similar organizations.

3.7. Employment of Persons with Disability13. Employment of persons with disability

(1) Persons with disabilities have a right to practice their professions and to carry on any lawful occupation, trade or business of their choice.

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(2) The Government shall encourage all government and private sectors to promote the right to empowerment of persons with disabilities, including those who acquire disability during the course of their employment, to work on an equal basis with others and to earn a living by work through a quota system of employment.

(3) The Minister responsible for labour shall, in consultation with the employers’ organisations, determine the quota of persons with disabilities work force for employers, and shall by statutory Instrument publish the agreed quota.

(4) Each employer shall—

(a) where appropriate in any job advertisement, indicate that persons with disabilities would be considered;

(b) be required to carry out appropriate modifications in their work premises to facilitate the employment of persons with disabilities;

(c) claim tax exemption on any costs incurred as a result of the modifications carried out under paragraph(b); and

(d) each year by the end of the month of June, submit to the Minister, returns of employment of persons with disabilities.

(5) The Minister shall, at the end of each financial year, report to Parliament the status of employment of persons with disabilities in the country.

3.8. Discriminative Medical Examination14. Discriminative medical examination

(1) An employer shall not conduct any test or examination to establish whether an applicant is a person with a disability or as to the nature or severity of the person's disability.

(2) The provisions of sub-section (1) shall not prevent an employer from making pre-employment inquiries into the ability of an applicant to perform job related functions.

(3) An employer may require medical examination after an offer of employment if—

(a) all newly appointed employees are subject to such examination;

(b) the examination is required for the health programme available in the employment.

3.9. Discrimination against Employees15. Discrimination against employees

(1) An employer shall not discriminate against any employee on ground that the employee—

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(a) opposes acts or practices discriminating against persons with disabilities; or

(b) testified, assisted or participated in an investigation, proceedings or hearing of a case against discrimination of a person with a disability.

3.10. Access to Work Premises16. Access to work premises

It shall be the duty of the employer to ensure that the physical features of the premises occupied by an employee do not place an employee with a disability at a disadvantage.

3.11. Tax Reduction17. Tax reducation

Private employers who employ ten or more persons with disabilities either as regular employees, apprentice or learner on full time basis shall be entitled to tax deduction of fifteen percent of all pay able tax upon proof to the Uganda Revenue Authority.

3.12. Access to Premises19. Access to premises

It shall be the responsibility of all organs in a public or private institution to provide—

(a) suitable exits for persons with disabilities;

(b) universal standards or designs of public toilets.

3.13. Duty to provide access to buildings20. Duty to provide access to buildings2

(1) Any person, who constructs, a building to which the public is invited, shall ensure that persons with disabilities have access through provision of—

(a) accessible and easy-to-find building entrances, connected by accessible pathways to accessible indoor or outdoor parking areas, local public transit stops and accessible elevators;

(b) safe and accessible urinal, bathrooms for the diverse disabilities;

(c) safe and well-dimensioned staircases for the comfort of persons with mobility problems;

2 See also Sections 26 and 29 on access

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(d) ramps wherever stairs obstruct the free passage of pedestrians, mainly wheel chair users and people with mobility problems;

(e) adequate railing around hazardous areas, stairs, ramps, accessible roofs, mezzanines, galleries, balconies and raised platforms;

(f) well-dimensioned elevators, ('in the case of multi-storied buildings) that persons with disabilities can use conveniently.

(2) An accessible elevator should-

(i) serve all floors normally reached by the public;

(ii) have embossed numerals on the floor selector buttons to be easily identifiable by touch;

(iii) signal arrival at each floor to alert sightless and hearing impaired passengers simultaneously

(3) Where it is difficult or unfeasible to install a ramp or an elevator to an existing building, the owner of the building shall provide platform lifts to provide accessibility

3.14. Access to Information21. Access to information

(1) It shall be the duty of the responsible Government authority to promote the rights of persons with disabilities to access information

(a) the development and use of sign language, tactile, sign language interpreters, in all public institutions and at public functions

(b) brailing of public information, such as Government documents, government newspapers and other publication.

(2) Any person who owns a—

(a) a television station shall provide sign language inset or subtitles in at least one major news cast program each day and in all special programs of national significance;

(b) a telephone company, shall provide special telephone devices for the hearing-impaired.

3.15. Access to public transport facilities22. Access to public transport facilities

(1) Any person providing public transport services shall provide access to transport-disadvantaged persons.

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(2) For purposes of sub-section (1) "transport disadvantaged persons" include persons—

(a) using mobility devices such as crutches or calipers, or wheelchairs;

(b) using sensory devices such as white canes, low vision devices or hearing aids;

(c) who need assistance such as those using sign language or other support in communication;

(d) having difficulty in negotiating steps, climbing stairs or walking long distances including persons having health problems, or those carrying heavy loads.

3.16. Protection of Visually Impaired Road Users23. Protection of visually impaired road users

It shall be the duty of the Government to make public roads and highways accessible to persons with disabilities including

(a) equipping pedestrian crossings with traffic control signals controlled by a pedestrian push-button system;

(b) providing pedestrian traffic lights with clearly audible signals;

(c) use of alarms or bells to signal approaching traffic, among others.

3.17. Discrimination relating to Goods, Facilities and Services25. Discrimination relating to goods, facilities and services

(1) A person shall not, provide goods or services, or make facilities available with a view, to discriminate against another person on the ground of that person's disability by -

(a) refusing to provide to a person with a disability any service which he or she provides to other members of the public;

(b) deliberately making it impossible or unreasonably difficult for persons with disabilities to make use of the service or facility.

3.18. Right to Supportive Services28. Right to supportive services

Government shall provide supportive social services to persons with disabilities through-

(a) acquisition of assistance devices, medical specialty and assistance personal services;

(b) specialized training activities to improve functional limitations;

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(c) counseling, rehabilitation and orientation to improve their self-image;

3.19. Affirmative Action in Favour of Persons with Disabilities33. Affirmative action in favour of persons with disabilities

Government shall take affirmative action in favour of persons with Disabilities for the purpose of redressing imbalances which exist against them.

3.20. Transitional provisions45. Transitional provisions

Until such time as the disability standards have been operationalised by the Council, the provisions of this Act shall not render unlawful anything done by a person incompliance with another law which is in conflict with this Act.

4. The Employment Act, 2006The Employment Act does not have a specific section addressing employment of persons with disabilities but disability and persons with disabilities are included within some of the sections for example in section 34: Special Categories of Employees stating that the “Minister shall on the recommendations from the Labour Advisory Board make regulations governing the employment of persons with disabilities, apprentices and other categories of employees, who in his or her opinion, are in need of special protection under the law”.

Section 6 stipulates that discrimination in employment is unlawful. Discrimination includes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status or disability. Likewise dismissal or disciplinary penalty may not be bases on any of these elements.

Reasonable accommodation or assistive devise for persons with disabilities are not mentioned specifically but section 45 states that “All employers shall be required to provide employees with the equipment, tools and material necessary for that employee to perform his or her duties, and shall not require that employee to pay the employer, or any other person, for the equipment, tools or material”.

The Commissioner of Employment can require statistics and information from employers on employees and the Commissioner shall publish an annual report which includes statistics of persons with disabilities in work places and any aids being provided by the employer.

The Employment Act establishes a Labour Advisory Board which shall have one representative of persons with disabilities. Amongst other things the Board shall formulate and develop a national policy on rehabilitation and employment of persons with disabilities.

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Below are relevant extracts from the Act. The numbering refers to the numbering of the sections in the Act.

4.1. Interpretation2. Interpretation

”Disability” means any permanent —

(a) physical disability or impairment;

(b) physical illness;

(c) psychiatric illness;

(d) intellectual or psychological disability or impairment;

(e) loss or abnormality of physiological, psychological or anatomical structural function;

(f) reliance on a guide dog, wheelchair, or any other remedial means; and

(g) presence in the body of organisms capable of causing illness.

4.2. Discrimination in Employment6. Discrimination in employment

(1) In the interpretation and application of this Act it shall be the duty of all parties, including the Minister, labour officers and the Industrial Court to seek to promote equality of opportunity, with a view to eliminating any discrimination in employment.

(3) Discrimination in employment shall be unlawful and for the purposes of this Act, discrimination includes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, the HIV status or disability which has the effect of nullifying or impairing the treatment of a person in employment or occupation, or of preventing an employee from obtaining any benefit under a contract of service.

4.3. Returns and Statistics19. Returns and statistics

The Commissioner may require an employer to furnish in writing returns and statistics, whether periodical or otherwise, of the number of employees, the rates of remuneration and any other conditions of service affecting such employment.

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4.4. Annual Report20. Annual report

The Commissioner shall publish an annual report of inspection services, covering the following matters—

(a) developments with regard to relevant laws and regulations;

(f) statistics of people with disabilities in work places and any aids being provided by the employer;

4.5. Labour Advisory Board21. Labour Advisory Board

(1) There is established a Labour Advisory Board which shall consist of—

a) a Chairperson;b) the Commissioner as an ex-officio member;c) public officers, and representatives of employers and employees not exceeding ten in total,

as the Minister may from time to time appoint, by notice published in the Gazette; andd) one representative of persons with disabilities.

(4) The representative of employers and employees shall be nominated for appointment to the Labour Advisory Board by the Federations of Employers and Federations of Labour Unions, respectively.

4.6. Functions of Board22. Functions of Board

(1) The functions of the Labour Advisory Board are to advise the Minister on any matter falling under this Act and on any other matters affecting employment and industrial relations as may from time to time be referred to the Board by the Minister.

(4) Subject to subsection (1), the Labour Advisory Board shall advise the Minister on the following—

(a) matters concerning relations between Uganda and the International Labour Organisation, including the making of replies and comments to questionnaires and proposed texts of international labour standards, the taking of action necessary to comply with the obligations of membership of the International Labour Organisation, and any proposed denunciation of a ratified Conventions;

(b) aspects of vocational guidance and vocational training;(c) matters concerning the operation of the employment service and the development of the

employment service policy;(e) the formulation and development of a national policy on vocational rehabilitation and the

employment of persons with disabilities.

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4.7. Special Categories of Employees34. Special categories of employees

Without prejudice to the generality of the preceding sections of this Part, the Minister shall on the recommendation the Labour Advisory Board make regulations governing the employment of persons with disabilities, apprentices and other categories of employees, who in his or her opinion, are in need of special protection under the law.

4.8. Prohibition on certain deductions45. Prohibition on certain deductions

(3) All employers shall be required to provide employees with the equipment, tools and material necessary for that employee to perform his or her duties, and shall not require that employee to pay the employer, or any other person, for the equipment, tools or material.

4.9. Reasons for Termination or Discipline75. Reasons for termination or discipline

The following shall not constitute fair reasons for dismissal or for the imposition of a disciplinary penalty—

(g) an employee’s race, colour, sex, religion, political opinion or affiliation, national extraction, nationality, social origin, marital status, HIV status or disability;

5. The Equal Opportunity Act, 2006The aim of the National Equal Opportunities Policy is to promote equality of opportunities for all persons in Uganda, irrespective of gender, age, physical ability, health status or geographical location, in all activities, programmes, plans and policies of Government, private sector and NGO in all spheres of social, economic, political and civil life. The policy is to guide and direct planning processes, resource allocation and implementation of activities.

Persons with disabilities are included under ‘vulnerable groups’ and ‘marginalised groups’ and the policy

recognises that marginalised groups need equal opportunities in access to services, control and utilization

of resources and participation in the development process for sustainable eradication of poverty and

vulnerability. It further recognizes that currently persons with disabilities like other marginalized groups are

not having equal access to education, health, justice and economic opportunities.

The policy promotes affirmative action which it defines as: “All deliberate actions, and initiatives taken in

favour of marginalised groups in order to redress imbalances caused by reason or attribute of disability,

health status, history, culture, gender, ethnicity, religion, opinion, socio- economic or cultural standing in

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line with Art. 32 of the Constitution”. One of the Policy’s Objectives is to: Guide the planning processes,

affirmative action, and implementation of programmes and allocation of resources to all stakeholders. The

policy sees the national government, the local government and the private sector as stakeholders regarding

equal opportunities and affirmative actions.

Regarding employment and marginalised groups the Policy acknowledges that opportunities are limited and that persons with disabilities are often the last to be hired. The Policy prohibits discrimination of persons based on disability and promotes affirmative actions including tax rebates for companies hiring marginalised groups.

The Policy itself does not put out specific targets or actions but states that monitoring and evalution mechanisms shall be put in place.

Below are extracts from the Policy on Employment and on Monitoring and Evaluation.

5.1. Employment2.10.2 Employment

The chances of marginalized groups obtaining employment are equally limited. Some of the constraints are caused by limited access to education and discriminatory hiring policies. The Gender Empowerment Measure (GEM) shows that women’s share of positions as professionals and technical staff is small, estimated at 96,676 women out of 320,000 workers. The public service does not have a deliberate policy to promote the employment of marginalized groups. Equally in Employment most women are in lower service positions where they cannot influence policy. There is, lack facilities for special needs, for example ramps for PWDs to enable them perform their work or day-care centres for mothers with young children. Limited and discriminatory practices in employment opportunities and facilities at work have made it difficult for PWDs to get and retain employment. They are often the last to be hired and the first to be fired. Opportunity to enter employment, facilities to work during the course of employment, inadequate compensation in case of injuries at work, lack of awareness about their rights, discrimination at the point of entry into work, exposure to hazardous work, experience based recruitment, policies are practices marginalizing the vulnerable groups. There is low pay due to absence of a minimum wage, lack of safety standards in employment laws, discriminatory laws, lack of conducive working environment, low pay due to absence of a minimum wage, lack of safety standards in employment laws, sexual harassment and exploitation at work especially the young female people.

5.5.1 Employment Government will put in place mechanisms to address (…) imbalances. … interventions will include;

c) Promote mechanisms for government to introduce tax re-bets for companies and industries that promote employment of marginalized groups.

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5.2. Monitoring and Evaluation

7.0 Monitoring and Evaluation

Monitoring and evaluation shall be undertaken at all levels to enhance accountability and effectiveness.

This entail developing and establishing monitoring and evaluating mechanisms, which will include the

following: a) Developing monitoring indicators for every activityb) Establishing evaluation structuresc) Producing and disseminating reports on regular basis d) Reviewing the Policy.

6. The Local Government Act, 1997 (amended 2001)The Act amongst other things provides for decentralisation at all levels of local governments to ensure good governance and democratic participation in decision making by the people as well as it provides for the political and administrative setup of local governments and for election of local councils.

Regarding persons with disabilities the Act prescribes assistance to illiterate voters and other voters with disabilities. Furthermore, the Act prescribes the composition of district councils, lower local government councils, municipal councils, municipal councils, municipal division councils and town councils which all shall have two councilors with disabilities, one of whom shall be a female, representing persons with disabilities at the different levels.

7. The Parliamentary Elections Act, 2001The Act provides for the parliamentary elections and states the following regarding persons with disabilities:

(2) There shall be the following representatives of special interest groups in Parliament:

(d) for persons with disabilities, there shall be five representatives, at least one of whom shall be a

woman.

(3) (d) the representatives of persons with disabilities shall be elected by an electoral college of

representatives of such persons from each district (…).

8. The Education (Pre-Primary, Primary And Post-Primary) Act, 2008 In Uganda, education is a constitutional right enshrined in the Constitution where article 30 makes educations for children a human right. The Universal Primary Education Policy from 1997 makes primary education free for all including persons with disabilities. The Education Act, 2008 was passed to, amongst other things, give full effect to the Universal Primary Education Policy.

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Though the Persons with Disability Act from 2006 states that the Government shall encourage inclusive education the only mentioning of disability in the Education Act is under the responsibilities of the Headteacher which states that:

(k) make the school pupil friendly and especially to the girl-child and pupils with disabilities.

9. Universities and other Tertiary Institutions Act, 2001 (amended 2003 and 2006)The Act provides for the establishment of the National Council for Higher Education, its functions and administration and to streamline the establishment, administration and standards of Universities and other institutions of Higher Education in Uganda. The Act includes references to inclusion of persons with disabilities in higher education institutions through prohibiting discrimination and promoting affirmative actions in admission in favour of marginalized groups including persons with disabilities. Furthermore, it states that Public Universities much have accessible physical facilities.

The functions of the National Council for Higher Education includes the implementation of the Act and the Act prescribes that the Council shall include one person with disability. Likewise, each Public University must have an University Council which shall include two representatives of persons with disabilities of who one is elected by members of staff who are persons with disabilities and one elected by national organisations of persons with disabilities.

Below are abstracts from the Act. The numbering refers to the sections and articles in the Act.

9.1. Composition of the National Council for Higher Education7. Composition of the National Council:

1. (k) four persons representing other sectors of higher education, at least one of whom shall be a woman, and one person with disability appointed by the Minister;

9.2. Objects and Functions of a Public University24. Objects and Functions of a Public University 2) (…) the functions of a University shall include

(b) dissemination of knowledge and giving opportunity of acquiring higher education to all persons including persons with disabilities wishing to do so regardless of race, political opinion, colour, creed, or sex; (c) the provision of accessible physical facilities to the users of the Public University.

9.3. Admission to a Public University28. Admission to a Public University 1. Admission to a Public University shall be open to all qualified citizens of Uganda and without discrimination.

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3. The Admission Committee of a Public University shall take into consideration affirmative action in favour of marginalised groups on the basis of gender, disability and disadvantaged schools.

9.4. University Council for Public University38. University Council for Public University There shall be a University Council for every Public University consisting of the following members:

(r) two representatives of persons with disabilities, one elected by the members of staff who are persons with disabilities and another by National Organisations of persons with disabilities.

10. The Business, Technical, Vocational Education and Training (BTVET) Act, No. 12, 2008 The overall purpose of the Business, Technical, Vocational Education and Training (BTVET) Act is to provide for, amongst other things, the promotion and coordination of business, technical, vocational education and training; provide for the principles governing BTVET and provide for the financing of BTVET.

The Act promotes equitable access to education and training for all disadvantaged groups, including persons with disabilities. Furthermore, the Act establishes the Industrial Training Council which shall be the policy making organ for the area and which shal have a representative for persons with disabilities.

11. The Workers Compensation Act, 2000The Workers Compensation Act is covering the provision for compensation to workers for injuries suffered and scheduled diseases incurred in the course of their employment. The compensation is in terms of monetary compensation and support in terms of medical treatment. The Act does not address retention of employees who become disabled during work or re-assignment of employees to other work within the workplace.

The Act defines disabilities as the lack or restriction of ability, caused by impairment, to perform any activity in a manner or within the range considered normal for a human being, within the cultural context.

12. The Occupational Safety and Health Act, 2006The Act deals with safety and health aspects on the workplace amongst other thing regarding duties of the employers, protective gear, handling of dangerous substances, duty to provide safe premises, alternative suitable employment for workers working in dangerous areas or with dangerous substances, healthy and safe work environment and means of escape in case of fire. However, there is no mention of disability in the Act or any specific measures related to employees with disabilities or if a person becomes disabled during employment.

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13. The Uganda Peoples’ Defence Forces Act, 2005The Uganda Peoples’ Defence Forces Act provide for the regualtion of the Defence Forces. It includes a section on entitlement on disablement and ensures the right to rehabilitation services in case of disability.

79. Entitlement on disablement or death(6) Where an officer or militant suffers physical, sensory, mental impairment as a result of his or her services, he or she shall, in addition to medical treatment, be entitled to rehabilitation services.

(7) For purposes of sub-section (6), rehabilitation services shall include counselling, provision of assisting devices such as hearing aids, mobility appliances, white cane, sign language training, vocational skills and mobility skills.

(8) An officer or militant who has undergone rehabilitation may, where applicable, be eligible for redeployment in a suitable vacancy in the Defence Forces.

14. Uganda Communications Act, 1998The Act provides for the promotion of research into the development and use of new communications techniques and technologies, including those which promote accessibility of persons with disabilities to communication services.

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