From the review of existing literature including reports from the relevant commissions,

discuss the effectiveness of the following as administrative authorities;

a). Uganda Human Rights Commission (UHRC) and Equal Opportunities Commission

BUSULWA JACK 20/U/5615/PSA

AHEBWA SIMON PETER 20/U/21310/PSA

KARUNGI MORINE KAGORO.M 20/U/21283/PSA

NAMATOVU GLORIA 20/U/21292/PSA

KAGIMU EVELYN 20/U/6343/PS

BARUGAHARE DOUGLAS 20/U/2258/PSA

KITONE GABRIELLA 20/U/11648/PS

ALINDA EDNA 20/U/17588

BIIRA DAPHINE BALINANDI 20/U/11692/PSA

TUMWEBAZE MWEBAZE 20/U/21307/PSA

KAIJAMAHE WALTER HILLARY 20/U/9843/PS

NINSIIMA SHENA 20/U/9841/PSA

ANKUNDA MELLISA 20/U/2255/PS

OMONA MARK 20/U/O992

KINNANGA HARUNA 20/U/7499/PSA

1|Page
 A). UGANDA HUMAN RIGHTS COMMISSION.

The Uganda Human Rights Commission (UHRC) was established under the 1995 Constitution
of the Republic of Uganda in recognition of Uganda’s violent and turbulent history that had
been characterized by arbitrary arrests, detention without trial, torture and brutal repression with
impunity on the part of security organs during the pre and post independence era. This
commission was neither in existence in the 1962 independence constitution nor was it in the
1967 Republican Constitution. The foundations of this body of law are in the Charter of the
United Nations and the Universal Declaration of Human Rights, adopted by the General
Assembly in 1945 and 1948, respectively. The commission came into existence in 1998 and
although its first decisions were rendered in 1999-2000, the majority of its decisions have been
rendered after 20041. This essay will focus on the establishment, powers and constitutional
mandate of the UHRC, and thereby assess its effectiveness as an administrative authority with a
central interest in its role as a quasi-judicial body. Particular reference has been made to annual
reports, legislation, case law and relevant sources.

ESTABLISHMENT, STRUCTURE AND COMPOSITION.

The Uganda Human Rights Commission (UHRC) was established under Article 51 of the 1995
Constitution of the Republic of Uganda. The powers of the UHRC are provided under
Article 53 (1) of the Constitution. The 1995 Constitution under Article 51 provides that the
Uganda Human Rights Commission shall be composed of a chairperson and not less than three
people appointed by the president with the approval of Parliament. The chairperson shall be a
Judge of the High court or a person qualified to hold that office. The chairperson and the
members of the commission shall be persons of high moral character and proven integrity and
shall serve for a period of six years and be eligible for reappointment. In section 3(2) of the
Uganda Human Rights Commission Act, it states that the members of the commission aside
from the Chairperson shall not be less than three. The chairperson is the head of the
commission, he/she directs the affairs and administration of the commission and monitors and
supervises the work of the secretary under section 42. The commission has a secretary that is
appointed by the commission in consultation with the Public Service Commission. The Secretary
is the Accounting Officer and is in charge of overseeing the day-to-day running of the
Commission, heads the management team and is the Secretary to the Commission meetings. The

1
“Jurisdiction Ratione Materiae of the Uganda Human Rights Commission: Making Sense of the Ambiguity in
Jurisprudence” by Henry Onoria AFRICAN HUMAN RIGHTS LAW JOURNAL
2
The Uganda Human Rights Commission Act

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office of the secretary is also charged with overseeing public affairs, planning and editorial
functions to the Commission.3

POWERS AND JURISDICTION

Among the powers of the Uganda Human Rights Commission is sitting as a tribunal. Article
53 of the constitution provides that the commission shall also be established as a court tribunal
which has powers to summon attendance before the commission and can also do anything that
facilitates the expeditious conclusion of the hearing as long as what it does conforms with the
principles of Natural Justice, this is also reaffirmed in section 8 (2)(a) of the Uganda Human
Rights Commission Act and the Commission’s Rules of Procedure and operation
guidelines. However, a party who is dissatisfied with the judgement or ruling of the tribunal is
at the liberty to appeal against such a judgement to the high court as stipulated in Article 53(3)
of the Constitution, the commission as a tribunal cannot in any way be described as a court of
judicature in terms of the provisions under article 129(1) of the constitution, meaning that the
commission cannot refer any matter before the court of Appeal nor can it exercise any original
jurisdiction in interpreting the constitution, hence it can only exercise powers that are speculated
under Article 53 of the constitution. In Kalyango Mutesasira and another v. Kunsa
Kiwanuka and 3 others4. In this case the complainants alleged a failure to pay their pensions
and sought enforcement payment, Commissioner Aliro-Omara held that the refusal to pay due
pensions amounted into a violation of human rights and ordered for payment of the
complainants.

Article 53(2) together with Article 48 of the Constitution grant the commission a wide latitude
to what ordinary courts of law are enjoyed to do by providing that the commission can order
legal remedies or redress in the ends of justice, such remedies awarded by the commission
include granting compensation, injunction, restitution, declaration, eviction and payment of
costs.In Irene Nakimera v. Attorney General5, the main issue in this case was whether there
was violation of the right to life and whether the complainant was entitled to compensation.
Court held that the policeman unlawfully caused the death of Sebastina Walugo and the
complainant was entitled compensation.

However, the jurisdiction of the commission may not extend to some legal claims of a civil
nature which don’t directly impact human rights, these include land disputes, matters relating to

3
Section 9 of The Uganda Human Rights Commission Act
4
Complaint UHRC 501/2001 (decision of 21 September 2001)
5
No. JJA 66 of 2006

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breach of a contract, claims on negligence, divorce and defamation, such claims arising from
crimes committed by private individuals are not accepted by the UHRC. Commissioner
Wangadya noted that even if land disputes were to be treated as violations of the right to
property, the fora for the enforcement of those rights was to be the courts of law instead of the
commission. Furthermore, the commission shall not investigate any matter which is pending
before a court or judicial tribunal. Bukeni and 48 others V. Attorney General and 3 others, in
this case the applicants brought violations of different human rights in the constitution seeking a
declaration that the applicant’s detention of 48hours without trial was a violation of their rights.
In this matter the human rights commission of Uganda was stopped from investigating into the
matter because it was already pending before the high court. Under Article 53 (4) of the
Constitution, the commission shall not investigate the relations or dealings between the
government and the government of any foreign state or international organisation.

FUNCTIONS AND EFFECTIVENESS OF THE UGANDA HUMAN RIGHTS

COMMISSION AS AN ADMINISTRATIVE AUTHORITY.

The functions of the UHRC are provided for under article 52(1) of the 1995 constitution and
Section 7 of the UHRC Act. The functions of the UHRC include the following;

1. To investigate at its own initiative or on a complaint made by any person or group

of persons against the violation of any human right.

UHRC receives complaints6 from people from all regions of Uganda. UHRC has been successful
in promptly conducting impartial investigations and giving victims hope that they would get
effective redress7. In 2015, UHRC completed investigations into 840 complaints, which was
93.9% of the annual set target of 894, while 1,365 others were partially investigated8. UHRC
Tribunal has effectively handled and concluded several complaints for example a total of 85 in
2015 according to the 18th Annual Report. Of the 85 complaints that the Tribunal disposed of,
66 (77.6%) were resolved in favour of the complainants, with the Tribunal awarding monetary
compensatory awards in 59, while seven complaints were resolved through amicable settlement
by the parties. In 2015, the UHRC Tribunal awarded a total of UGX 579,300,000 to victims of

6
Complaints received represent all matters reported to UHRC, whether admissible or not and complaints
registered are those that meet the admissibility criteria of human rights violations handled by UHRC.
7
Uganda Human Rights Commission 18th Annual Report p.15
8
Uganda Human Rights Commission 18th Annual Report p.16

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human rights violations. Furthermore, in Jervasio Atunya Onek v. UPDF 4th Division Gulu9,
in which the complainant filed a complaint on behalf of his son-in-law Thomas Orach Otim who
had been arrested by the armed forces. Commissioner Aliro-Omara acknowledged the propriety
of the complainant’s actions as they were appropriate based on the Uganda Human Rights
Commission Operational Guidelines made under Article 52 (3) which allows any person to
complain to the commission about a human right violation notwithstanding the fact that the
complainant is not directly a victim of the violation complained of.

2. To visit jails, prisons and places of detention or related facilities with a view of
assessing and inspecting conditions of the inmates and make recommendations.

In 2018, the Commission conducted 962 inspection visits to places of detention that comprised
409 police stations, 384 police posts, 163 government prisons, five remand homes and one
military detention facility10. In 2015, UHRC inspected 896 detention facilities, compared to 1,122
in 2014. These comprised of 173 prisons of a total of 246 (70.3%), 205 of 299 police stations
(68.6 %), 509 of 1,811 police posts (28.1%), five of seven remand homes (71.4%) and four of all
the military detention facilities11. In the case of Birungi Thomas v. Attorney General12, the
complainant was detained at Kisita police post for more than 48 hours i.e., from 7th March to
20th March 2014 which a period of 11 days of illegal detention contrary to article 23(4) of the
1995 Constitution. The UHRC ordered the respondent to pay the complainant a sum of USHS.
2,200,000 as compensation for violation of his rights to personal liberty as protected under
article 23 (4) (b) of the 1995 constitution.
However, the UHRC noted the following persistent human rights concerns; long detention
periods, continued detention of children with adults at police stations, complaints of torture and
deprivation of personal liberties by police officers, scarcity of water in facilities, inadequate
bedding for suspects and inmates, increased tendencies of crime preventors to take the role of
the police and non-favorable working conditions for officers13

3. To establish a continuing program of research, education and information to

enhance respect of human rights.

In fulfillment of its mandate to promote human rights in Uganda by enhancing education and
information, the Commission has continued to reach out to various categories of people to

9
Complaint UHRC G/172/2001 (Decision of 23 February 2004)
10
The 21St Annual Report on the State of Human Rights and Freedoms in Uganda in 2018, p.216
11
The 18th Annual Report on the State of Human Rights and Freedoms in Uganda in 2015, p.35
12
Complaint No: UHRC/HMA/13/2014
13
NHRI submission for Uganda’s Second Universal Periodic Review-October 2016

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create awareness on human rights by conducting various human rights education programmes.
The Commission has applied a wide range of human rights education methods appropriate for
the different target audiences. These included use of baraza(public meeting used as a platform
for creating awareness and instantly responding to issues), road shows(mobile human rights
sensitisation activities using civic education vans to penetrate the deeper, remote and hard-to-
reach geographical areas of Uganda from one village and/or town to another), television and
radio talk shows, spot messages, debates, workshops, advocacy through commemoration of
selected human rights days, music, dance and drama, and information, education and
communication (IEC) materials14. In 2018, a total number of 24,336 people were sensitised using
the baraza strategy, out of whom 15,154 were male and 9,182 females15. Using the road show
strategy, the Commission reached a total of 68,355 people, out of whom 42,831 were male and
25,524 females from all regions of Uganda in 82 districts16. In June 2018, the Commission
organised a dialogue on state accountability and fighting impunity for human rights violations at
Golf Course Hotel, Kampala and televised live on NBS Television. The Commission also
formed 72 new human rights and peace clubs in 72 schools in 18 districts.17

Furthermore, the commission has embarked on popularizing the Human Rights Enforcement
Act (HREA),2019, which was assented to by the President in March 2019, beginning with duty
bearers from security agencies, law enforcement, judiciary, Directorate of Public Prosecution and
public defenders because they are key in implementation of this act. The HREA is a
demonstration of government’s commitment to enhancing access to justice which makes its
implementation all the more critical for justice to be observed and be seen to be served, with
proper accountability on the part of perpetuators of human rights abuses.

4. To recommend to Parliament effective measures to promote human rights

including provision of compensation to victims of violations of human rights or
their families.

To address a number of areas surrounding human rights and their violations, the commission
has given a number of recommendations through its annual reports to the Parliament including
the need for an increased funding of the Uganda Prisons Service, Uganda Police Force, the
Uganda Peoples’ Defence Forces and the Ministry of Gender, Labour and Social Development
to ensure that the rights of inmates and staff are respected. The recommendations also put forth

14
The 21St Annual Report on the State of Human Rights and Freedoms in Uganda in 2018, p.231.
15
p.232
16
p.234
17
p.239

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the need for these bodies to enforce the Prevention and Prohibition of Torture Act (2012) in
order to hold perpetrators of torture in places of detention accountable.

5. To create and sustain within society the awareness of the provisions of this
constitution as the fundamental law of the people of Uganda.
This has been done through a number of ways such as organizing school human rights clubs.
Between 2018 and 201918, the Commission produced a total of 1,060 pocket handbooks of
excerpts of chapter 4 of the Constitution on human rights and freedoms; two audio skits, two
human rights songs, 100 calendars, 4,415 T-shirts/Shirts, 592 posters and 80 talking compounds
for School Human Rights and Peace Clubs. UHRC also produced a handbook on human rights
education (HRE) to enhance the human rights officers’ knowledge and skills in delivering HRE
services. Furthermore, UHRC also operates Libraries and Documentation Centres (LDCs) both
at the head office and at each of the 10 Regional Offices and they are utilized by both staff and
members of the public to access human rights reference materials. In 201719, the UHRC library
services were accessed by a total of 718 people; a decline in the number of walk-in clients from
the 1,370 who accessed them in 2016. This can be partly attributed to the evolving technology in
this digital era with a mass of electronic / digital collections over the cyber space that are
accessed with improved ease and not barred by location /geographical constraints.
6. To educate and encourage the public to defend this constitution at all times
against all forms of abuse and violation.

The right to equality and non-discrimination is enshrined in the Universal Declaration of Human
Rights (Universal Declaration) and is at the core of the main international human rights treaties
and regional human rights instruments. Pursuant to Article 52 (1) (f) of the 1995 Uganda
Constitution, the UHRC has also put in place measures for the citizens to defend the
constitution against all form of abuse and violation. They have done this particularly through a
number of interventions. UHRC has undertaken interventions including workshops, trainings,
community outreach programs, media campaigns and advocacy. These have been aimed at
enhancing levels of human rights awareness, nurturing a culture of respect for human rights,
emphasizing the importance of citizens’ duties and responsibilities relevant to the preservation of
human rights and freedoms. One of the key interventions have been training of security agencies,
a profession has notoriously become famous for gross human right violations, on human rights

18
The 21st UHRC Annual Report, p167
19
The 20th UHRC Annual Report, p229

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standards during elections and sensitization of the community on their rights and obligations in
the electoral process in regards to the 1995 Uganda Constitution.

7. To formulate, implement, oversee programs intended to instill in the citizens of

Uganda awareness of their civic responsibilities and an appreciation of their rights
and obligations as free people.

In order to fulfill this mandate, the UHRC has designed several programs for various sections of
people in Uganda. The UHRC has over the years been training members of security agencies,
including the Uganda Police Force to enhance their capacity in the protection and promotion of
human rights.

8. To monitor the government's compliance with international treaty and convention

obligations on human rights.

Uganda is a signatory to number of core international and regional human rights treaties
including Committee on Economic Social and Cultural rights (CESCR), ICCPR,
Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), Convention on the Elimination of All Forms of Racial Discrimination
(CERD), CAT and the CRC among others. The ratification of treaties places duties and
obligations on Uganda to protect, respect and fulfil human rights provided for under each of the
treaties and to submit periodic reports to relevant committees on the progress towards
implementation of the provisions and rights recognised in each of the instruments20. Part of the
UHRC mandate under Article 52 (h) of the Constitution is to monitor compliance with these
treaties. In regards to Convention on the Rights of Person with Disabilities (CRPD), UHRC
called upon Uganda to harmonise the definitions of disability in laws and policies and to carry
out systematic review of all legislation to bring them in line with the convention.

In as much as measures have been taken particular criticism is driven to the various reservations
that Uganda has placed under the CEDAW, and inconsistency with the Convention of the rights
of the Child, referring to the latter, section 59 of the Prisons Act, 200621, is incompatible with
General Comment on Article 30 of the African Charter on the Rights and Welfare of the Child

20
19th Annual Report of the Uganda Human Rights Commission page 165
21
which permits infants or children to remain with imprisoned mothers

8|Page
which prohibits imprisonment of a mother with a child. Reluctance to challenge these make the
committee inefficient.

9. To perform such other functions as may be provided by law.

10. Article 52(2) also requires the Commission to push periodical reports and submit
annual reports to Parliament on the state of human rights.

The UHRC has to date submitted 14 Annual Reports to Parliament on the State of human rights
in the country and special reports on areas including elections, pastoralists and associated land
conflicts and the Human Rights Situation in the Acholi Sub-region. In the annual reports,
specific attention has been given to areas emerging from conflict such as Northern Uganda and
Karamoja and specific recommendations have been made to address the Human Rights
challenges identified.

CONCLUSION.

In a nutshell, UHRC has made significant strides in the promotion of human rights. The need to
strengthen, widen and support human rights in a bid to build a culture of respect for human
rights cannot be overemphasized. On its part, UHRC undertakes to continue designing more
programmes aimed at making everybody in Uganda aware of his /her rights and the
corresponding duties and responsibilities. However, the task is so enormous that it calls for
increased funding from the Government of Uganda and the development partners. The support
of other key stakeholders in complementing UHRC’s efforts is equally critical. Despite the
challenges highlighted above, UHRC was still able to achieve its objectives although not to the
expected levels. If well facilitated, UHRC has the capacity to achieve the maximum performance
expected of it in the struggle to protect and promote human rights.

B). THE EQUAL OPPORTUNITIES COMMISSION

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The Equal Opportunities Commission is a constitutional body established by the Equal
Opportunities Act, 2007 in fulfilment of Article 32(3) and (4) of the 1995 constitution of
Uganda and other provisions of this constitution. Marginalisation, discrimination and inequalities
had been Uganda’s narrative before, during and after colonial times, evidenced by high levels of
poverty, insecurity, poor service delivery, stigmatisation, denial of opportunities, to mention but a
few. This article gives the commission power to take affirmative action towards these marginalised
groups through the elimination of inequalities and discrimination against any individual or group
of persons.Under Article 21 of the Constitution of the Republic of Uganda (as amended), the
government is obliged to ensure that all Ugandans gain full, equal access and participation in
developmental programs available in all spheres of life without any form of discrimination on any
ground22.Article 50 of the Constitution also provides that persons and organizations can push
against infringement of others’ fundamental rights and freedoms through addressing the
appropriate courts, a fundamental function of the aforementioned commission.

COMPOSITION, POWERS AND JURISDICTION OF THE EQUAL

OPPORTUNITIES COMMISSION.

This commission is made up of five members that include the chairperson, vice chairperson, at
least one person with a disability, a youth and two women as provided for under Section 5 of the
Equal Opportunities Act 2007. The members of the commission are appointed by the president
with approval from the appointments committee on the parliament.23 President Museveni
appointed Hon Safia Juuko Nalule as the new Chairperson and Ojok Joel Cox as the vice
Chairperson of Equal Opportunities Commission with approval from the parliament.24

Section 15 of Equal Opportunities Act, affords the commission the quasi-judicial powers to
require any person before the commission, require the production of any books, papers or
documents, inspect any books, materials or documents produced before it and thus retain any such
materials, or documents for such a reasonable period as the Commission deems fit or make copies
of any of them; Furthermore, the commission may require any person to make oath to answer
truthfully all questions put by members of the Commission relating to any matter being inquired
into by the Commission; Require any person appearing before the Commission, including the
person whose conduct is subject to an inquiry, whether summoned to appear or not, to answer

22Annual Report on The State of Equal Opportunities in Uganda FY 2019/2O20

23 Section 5(2) Equal Opportunities Act 2007
24 Nile Post Newspaper, April 17, 2021.

10 | P a g e
any question put by any member of the Commission, or by any other person appearing before the
Commission.

Subject to Section 15(3) of the Equal Opportunities Act, where a person who has been served
with a summon refuses to attend before the Commission, produce any documents, misbehaves
before the commission, refuses to be sworn in without reasonable excuse; that person commits an
offence and shall, on conviction, be liable to a fine not exceeding one hundred currency points or
imprisonment not exceeding nine months or both.

In the course of its proceedings, the Commission also receives evidence in proceedings before a
court or tribunal and draws conclusions from that evidence as it considers proper; adopts any
findings, decision or judgment of a court or tribunal that may be relevant to the proceedings.

In the discharge of its functions, the Commission refers any matter to any other institution or
authority which, can best handle that matter; recommend to or order any institution, authority or
person to adopt particular steps or actions which, in the opinion of the Commission will promote
equal opportunities; recommend to any Minister, institution, body or authority to adopt a new
legislation which is promoting equal opportunity, and the institution, body, authority, person or
Minister shall implement or cause the implementation of the recommendation within six months
from the date of communication of the recommendation. The Commission may, in writing,
delegate to a member of the Commission any of its powers or functions under this Act.

However, Section 15 of the act places checks and balances on the powers of the commission. The
section checks the commission’s powers of investigation especially in matters which are pending
before a court or judicial tribunal or under investigation by another constitutional commission;
involving the relations or dealings between the Government of Uganda and the government of
any foreign state or international organization; relating to the exercise of the prerogative of mercy;
matter involving behaviour which is considered to be immoral and socially harmful, or
unacceptable, by the majority of the cultural and social communities in Uganda.

Section 15 of the EOC Act places unreasonable and constitutionally questionable limitations on
the powers of the Commission. This clearly raises significant problems in terms of its capacity to
pursue the mandate of ensuring equal opportunities as properly understood. While a case
challenging this provision has been filed in the Constitutional Court, it is taking inordinately long
in being resolved. This case; Adrian Jjuuko v. The Attorney General25, which challenged
S.15(5)(d) of the Equal Opportunities Act, which seeks to prevent the Commission from

25 Constitutional Petition No.1 of 2009

11 | P a g e
entertaining cases involving sexual and other controversial minorities. Unfortunately, the case
remains undecided.26

In the performance of its functions, the Commission may establish its operational guidelines and
rules of procedure; request the assistance of any department, bureau, office, agency or person in
the performance of its functions; and observe the rules of natural justice. In a nut shell, the Equal
Opportunities Commission thus sits as an administrative tribunal expected to solve dispute in
accordance with and regulated by the constitution. However, decisions of Equal Opportunities
Tribunal, are usually subjected to appeal to the high court as stated in the Section 29 of the Equal
Opportunities Act.

FUNCTIONS AND EFFECTIVENESS OF EQUAL OPPORTUNITIES

COMMISSION

1). According to Section 14 of the Equal Opportunities Act, the functions of the Commission
are to monitor, evaluate and ensure that policies, laws, plans of organs of state at all levels;
statutory bodies and agencies; public bodies and authorities; private businesses and enterprises;
social and cultural communities, are compliant with equal opportunities and affirmative action in
favour of groups marginalized on the basis of sex, race, ethnic origin, religion, social or economic
standing, political opinion, disability, gender, age or any other reason created by history, tradition
or custom.

The EOC has been a major player in advocating for the passing and signing of the National Legal
Aid Bill, 2019. This bill is meant to facilitate access to legal representation for indigent and
vulnerable persons27 whose right to justice for the infringement of their rights is further provided
for in other instruments such as the Persons with Disabilities Act, 2019, Article 7 of the
Universal Declaration of Human Rights (UDHR) 1948, Article 26 of the International
Covenant on Civil and Political Rights 1966, to mention but a few. However, according to the
statistics provided by the 7th Annual report28, only 15% of the people in Uganda are aware of the
institutions that offer free legal services and among marginalized groups, only 13.5% of the
respondents revealed that they had engaged with Courts of Law, the largest reason being failure to

26 Reviewing Chapter Four of the 1995 Constitution, 2013, J.Oloka Onyango

27 Understanding the National Legal Aid Bill, 2019
28 7th Annual Report on the State of Equal Opportunities in Uganda for year 2019/2020

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meet the expenses that arise from hiring legal practitioners. These statistics showed that there was
still a problem in the accessibility to justice especially by the marginalized groups. To address this
issue, the commission issued a set of recommendations in their report including the urgent need
for Parliament to enact the National Legal Aid Bill, 2019 in order to enable government justice
institutions improve access to justice among the marginalized groups. This bill seeks to establish a
government supported framework aimed at extending legal aid services to the poor and vulnerable
specially compromised of men and women, children, refugees, and persons with disabilities
amongst others, and in so doing, increase and improve their access to justice.

2). The commission, according to section 14(2) of the Equal Opportunities Act,

(i) investigates or inquiries into, on its own initiative or on a complaint made by any person or
group of persons, any act or omission, conduct, or practice which seems to amount to or constitute
discrimination, marginalization or to otherwise undermine equal opportunities. The commission,
has managed to reach out to the community and address issues of unjust discrimination as
pertaining to equal opportunities, and brought about substantial change. The examples of these
issues addressed by the commission include the following.

In Bwengye v. Bishop Stuart University,29 the complainant's issues were that sections of the
respondent’s University Guild Constitution were discriminatory because they ring–fenced certain
positions on the Guild Executive exclusively for students who belonged to the Anglican Faith. The
appellant, a student of Law at Bishop Stuart University, was therefore barred from standing for
the post of guild president at the university because the university guild constitution had a
provision which barred students who were not Anglicans from standing for certain positions such
as guild president and chairperson of the Electoral Commission. The appellant reported this to
the Equal Opportunities Commission. It was held in the tribunal that this provision in the guild
constitution of the university was in contradiction with; the Constitution of Uganda, Article 21
and 32 and the Equal Opportunities Act. Section 1, 14(1) and 23. The tribunal therefore held
that the Respondent should amend its guild constitution to follow the 1995 Constitution of
Uganda within 90 days from the ruling.

29
(EOC/CR-2018/20)[2018]

13 | P a g e
(ii) Examines any law, proposed law, policy, culture, tradition, usage, custom or plan which is
likely to have effect of nullifying or impairing equal opportunities or enjoyment of human rights
to persons in employment.

For example, the EOC made a public inquiry that sought to extend protection for an increasingly
diverse work force in Mayuge Sugar Industry. Some residents of Mayuge made complaints against
the sugar industry about discrimination in employment, lack of work identity cards, lengthy
working hours, no leave or rest on public holidays and no compensation for workers. This was in
contradiction with Section 6 (3) of the Employment Act 2006 which states that the
discrimination in employment shall be unlawful. The commission made a follow up on these
complaints and the Chairperson of the Commission, Ms. Sylvia Muwebwa Ntambi rejected the
position of the Sugar industry administration and decided that management should provide a
number of documents among which include; staff attendance registers, Health and Safety policy,
academic documents of the management team, record of compensated employees and of those
who have lost their lives within two weeks to the Commission. This enabled the workers to receive
due reparations for the damages and infringements brought upon their rights as workers.

(iii) undertakes research and organizes, coordinates and promotes workshops, seminars,
conferences and public discussions on equal opportunities and treatment in employment,
education, social services or social and cultural construct of roles and responsibilities in society;

In fact, the EOC has conducted several activities to strengthen equal opportunities and affirmative
action. It produced and submitted to Parliament the 7th Annual Report on the state of equal
opportunities in Uganda FY 2019/2020 pursuant to section 24(1) and (2) of the EOC Act,
2007 under the theme “Equal opportunities and Affirmative action; a necessity for Socioeconomic
Transformation for All.” It conducted sensitization/training sessions which attracted 436
participants as opposed to the expected 320. It also resolved up to 66% of the complaints regarding
discrimination and marginalization that were registered for FY 2020/2021.

(iv) Considers such recommendations, suggestions and requests concerning the promotion of
equal opportunities as it may receive from any source;

(v) Prepares and publishes, guidelines for implementation of equal opportunities and the
avoidance of acts, practices, usage, customs, tradition or cultures that undermine equal
opportunities;

The commission has created an aligned gender and equity assessment tool to ensure the inclusion
of pertinent gender and equity issues in the new planning and budgeting structure for the national

14 | P a g e
budget Framework paper for FY 2021/2022 to standardise the assessment process as per the
Public Finance Management Act 201530. “Gender and Equity budgeting ensures that budgets
address the interests of vulnerable and marginalized categories of people.”31 The government
provided for mandatory gender and equity responsive planning and budgeting under the Public
Finance Management Act, 2015, which is in accordance with Article 32(3) of the 1995
Constitution of the Republic of Uganda (as amended) and section 14 and 15 of the Equal
Opportunities Act 2007. Section 14 provides the requirement for all state and non-state
institutions to comply with gender and equity planning and budgeting.

(vi) Develops, conducts and manages information and educational programs to facilitate and
promote public awareness, understanding and acceptance of equal opportunities and treatment in
employment, occupation, education and all social services;

The Commission conducted public awareness on equal opportunities and affirmative action for
inclusive development through sensitisation and training, school debates, community/public
dialogues, media engagements, production and use of Information, Education and
Communication (IEC) materials.32

The commission has developed an online Gender and Equity Management Information
System (GEMIS) in order to improve the efficiency in the implementation of EOC’s Gender and
Equity Compliance Strategy. It facilitates online assessments, tracking and provides real time
reports. The Commission conducted a tracking exercise to establish the status of implementation
of the gender and equity commitments presented in the Sector Plans and Budgets for the FY
2018/2019. The EOC is therefore another of the state’s mechanisms for enforcing of a variety of
rights where evidence of discrimination exists among vulnerable, marginalised groups of people.33

(vii) monitors the compliance, in Uganda, with the provisions of international and regional
conventions, treaties and other instruments to which Uganda is a party, that relate to or are relevant
to the functions and objects of the Commission;

(viii) Perform such other functions that are incidental or conducive to the above functions.

30 Annual Report on State: On the State of Equal Opportunities in Uganda FY 2020/2021 page31
31 Annual Report on State: On the State of Equal Opportunities in Uganda FY 2020/2021 page46
32
Annual Report on State: On the State of Equal Opportunities in Uganda FY 2020/2021 page 36
33 Equal Opportunities Commission an article by the New Vision

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(3) Furthermore, the Commission may rectify, settle or remedy any act, omission, circumstance,
practice that is found to constitute discrimination, marginalization or which otherwise undermines
equal opportunities through mediation, conciliation, negotiation, settlement or other dispute
resolution mechanism.

During the 10-year celebrations of the EOC, the chairperson of the commission cited a matter in
which the Banyabindi minority ethnic group lodged a complaint against government for having
been denied rights to own land adding that in August 2019, a tribunal was held in their favour and
ordered government to resettle them.34

In the case of Albinism Umbrella Uganda v. Hormisdallen Primary School35, the respondent
denied admission to an albino pupil into the boarding section during preparations of the PLE. The
tribunal facilitated mediation and issues were resolved and damages of 23 million was paid to the
complainants. This has had an impact of tremendously reducing discrimination against persons
with albinism in schools and persons with albinism can be admitted into boarding schools

(4) Subject to Section 14 (3) of the Equal Opportunities Commission Act, the Commission
may hear and determine complaints by any person against any action, practice, usage, plan, policy
programme, tradition, culture or custom followed by any organ, body, business organization,
institution or person which amounts to discrimination, marginalization or undermines equal
opportunities. In the case of Maragoli Community of Kiryandongo v. NIRA and Ors, the
maragoli community made a complaint to the EOC about the neglect from NIRA to provide
identification to the people of this community. The tribunal sat and it was resolved that NIRA
would reach out to the community and provide them with there due identification. The community
is now able to access financial loans from financial institutions, compete for jobs with in and
outside Kiryandongo and can access government programmes and benefit from government
intervention such as COVID-19 Vaccination36

SHORTCOMINGS.

Its achievements notwithstanding, this administrative body came under fire in 2019 due to an
alleged corruption scandal. The chairperson, Sylvia Muwebwa Ntambi was summoned to the Anti-
Corruption court to answer 25 charges related to abuse of office. She was accused of “neglect of
duties to direct the administration of the commission thereby leading to gross mismanagement of

34 Daily Monitor Newspaper, August 21, 2019

35
Annual Report on the State of Equal Opportunities in Uganda FY 2020/2021 page 28
36
Annual Report on the State of Equal Opportunities in Uganda FY 2020/2021 page 27

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the commission’s funds.”37 Her neglect caused the mismanagement of commission funds worth
Shs. 245.5 million and it was said that she colluded with nine other suspects to defraud the
government of Uganda of more than shs 35 million. The accused was arrested, granted bail, but
later on the charges against her were dropped on instruction of the DPP, with no explanation
given for this decision. These missing funds meant that there was a significant hiatus in the
effective performance of duties by this commission to the intended beneficiaries in the community.

The EOC also faces a predicament in terms of poor publicity over the years. As an established
body dedicated to the protection of the rights of marginalized groups, it faces a challenge in the
fact that most of the said beneficiaries are ignorant of its existence, or do not have the necessary
information to effectively exploit the services they are entitled to from the EOC. This significantly
dwindles the amount of lasting change in matters of equity and human rights that the body can
achieve in the community because its effectiveness is minimal. In the annual report

CONCLUSION

The role of the Equal Opportunities Commission (EOC) as an administrative authority is of crucial
importance in implementing the provisions of Article 32, both in identifying the loopholes in
existing legislation which do not adequately meet the standard of the Constitution, as well as in
providing additional protections to those who have been the victim of discrimination and unequal
treatment, plus recommending penalties for those who may violate the law in this respect. It has
been effective on many fronts; however, it is hamstrung on several counts, particularly in terms of
resources and a strategic vision of the most appropriate direction in which to move with the
equalization of opportunities.

37 Nilepost.co.ug

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