Summary of Persons with Disabilities Act, 2020

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This 8 part act was created to provide for the respect and promotion of the fundamental and other human rights and freedoms of persons with disabilities; to re establish the National Council for Disability as the National Council for Persons with Disabilities; to transfer the property of the Uganda Foundation for the Blind to the National Council for Persons with Disabilities; to provide for the local government councils for persons with disabilities; to repeal the Persons with Disabilities Act, the National Council for Disability Act and the Uganda Foundation for the Blind Act, and to provide for related matters. It was initially acented to on 19 September 2019, commenced on 14 February 2020 and updated as at 30 September 2020. Here is a summary of the contents:

Part I – Preliminary

  1. Interpretation 
  • A detailed glossary containing contextual terms. These include: “assistive devices” to include; wheelchairs, calipers, crutches, whitecanes, orthopedic appliances, qualified readers; taped texts, audios, visual and pictorial recordings; braille and tactile equipments or materials, large print and other devices that support persons with disabilities to participate effectively in all aspects of life; “building to which the public is allowed access” to mean a building specified in Schedule 2 of this Act; “communication” to include languages, display of text, braille, tactile communication, sign language, signs, large print, accessible multimedia whether in written, audio or plain language, human-reader in augmentative or alternative modes, formats of communication, including accessible information and communication technology; “Council” to mean the National Council for Persons with Disabilities specified in section 16; “currency point” as the value assigned to it in Schedule 1 to this Act; “disability” means a substantial functional limitation of a person’s daily life activities caused by physical, mental or sensory impairment and environment barriers, resulting in limited participation in society on equal basis with others and includes an impairment specified in Schedule 3 to this Act;“ among other terms. 
  • The Act is also with regard to mental disability which is subject to the Mental Health Act, 2019.
  1. Determination of a person with disability 

In the courts of law, a medical doctor with relevant expertise or an expert appointed by the Council shall carry out an examination to confirm whether one has a disability or not.

Part 2 – Rights of persons with disabilities and non discrimination.

Under this act, persons with disabilities are entitled to these rights and freedoms 

  1. Respect and promotion of rights and freedoms of persons with disabilities
  2. The right to enjoy family life
  3. Prohibition of inhuman and degrading treatment for persons with disabilities
  4. The right to enjoy family life
  5. Prohibition of inhuman and degrading treatment for persons with disabilities
  6. Non discrimination in the provision of education services
  7. Non discrimination in the provision of health services
  8. Habilitation and rehabilitation for persons with disabilities
  9. Non discrimination in employment
  10. Accessibility to buildings
  11. Non discrimination in the provision of transport services
  12. Non discrimination in the provision of services on a commercial basis
  13. Identification of suspects and accused persons by visually impaired complainants and witnesses
  14. Affirmative action i.e the Government shall promote a policy of affirmative action for persons with disabilities including employment of persons with disabilities in the public service.
  15. Access to justice, information and training

Part 3 – Establishment, functions and composition of the National Council for Persons with Disabilities

  • The National Council for Persons with Disabilities

The National Council for Disability which was established under the National Council for Disability Act, 2003 and in existence at the commencement of this Act, shall continue in existence under this Act as the National Council for Persons with Disabilities.

  • The Council shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.
  • Functions of Council
    • monitor the implementation of this Act by Government, government agencies, non-governmental agencies, bodies corporate and private persons;
    • carry out or commission surveys, inquiries or investigations on matters relating to violation of rights of persons with disabilities under this Act or non-compliance with this Act by Government, bodies corporate or private persons and advocate for collective measures by the concerned party;
    • advocate for the development, implementation and sustenance of programmes and projects by Government, government agencies, non-governmental agencies, for the improvement of the welfare of persons with disabilities
    • develop projects and schemes for self employment or sheltered employment for persons with disabilities;
    • establish programmes for the support, counselling and other assistance to persons with disabilities and for the parents, guardians and caregivers of persons with disabilities;
    • monitor the welfare and rehabilitation services offered by Government, government agencies, non-governmental agencies, including vocational guidance and counselling;
    • regulate the human support services for persons with disabilities including sign language interpreters, readers, guides and life assistants;
    • liaise with Government on the needs, problems and other issues of persons with disabilities, for planning purposes;
    • mobilise persons with disabilities to participate in elections, sports and other co-curricular activities for persons with disabilities at all levels
    • alleviate blindness by raising awareness on the prevention, early detection and treatment of eye diseases, to promote the welfare of the persons with visual disability;
    • advocate for the education, training and employment of persons with visual disability
    • maintain a register of Governmental and non governmental organisations that provide services for the rehabilitation and welfare of persons with disabilities and the membership of those organisations;
    • provide technical and other forms of assistance to Government or any other person, on issues of persons with disabilities; and
    • perform any other function as may be necessary for the purposes of this Act.
  • To perform these duties, the Council has powers to make an order for corrective measure for violation of a right of a person with a disability or for non compliance with the provisions of this Act, to any governmental agency, non-governmental agency, body corporate or private person; and all witnesses and demand the production of documents that the Council may require, including documents of registration of the organisations specified in subsection (1)(l).
  • Management of property registered in names of Uganda Foundation for the Blind:

Property specified in Schedule 5 registered in the names of the Uganda Foundation for the Blind, shall be administered and managed by the Council on behalf of all persons with disabilities in Uganda. The property and any income derived from it shall be applied by the Council for the benefit of persons with disabilities in Uganda and shall be transferred to the Council, to be held in trust for persons with disabilities in Uganda.

  • Seal of Council: The seal of the Council shall be kept under the custody of the Executive Secretary and shall be authenticated by the signature of the Chairperson of the Council and the Executive Secretary. A document purporting to be an instrument issued with the seal of the Council and authenticated in the manner provided under subsection (1) shall be deemed to be a document of the Council and shall be admissible in evidence without further proof, except where the contrary is proved.

Part 4 – The Secretariat and Executive Secretary

The Council shall have a Secretariat headed by an Executive Secretary who shall be appointed by the Minister on the advice of the Council. The Executive Secretary shall hold office on a full-time basis for three years subject to renewal and on such terms and conditions as shall be specified in his or her instrument of appointment.

  • Functions of Executive Secretary

The Executive Secretary shall be the chief executive and accounting officer of the Council. He shall therefore be the secretary at any meeting of the Council and shall keep a record of the minutes of the meetings; and perform such other functions as may be assigned to him or her by the Council. In his absence, the Council may designate the next senior qualified officer of the Secretariat to act as Executive Secretary and in the event of continued absence without justifiable cause; the position shall be filled within two months from the date the Executive Secretary was last in office.

  • Other staff of Council include: other employees and officers in the Secretariat as the Council may with the approval of the Minister. They shall be paid remuneration and allowances as may be determined by the Council in consultation with the Minister responsible for finance and the Minister responsible for public service.
  • Experts and consultants: While acting on the advice of the Executive Secretary, the Council may engage the services of experts and consultants when necessary who will be paid fees and allowances and granted facilities.

Part 5 – Local government councils for persons with disabilities

  • District councils for persons with disabilities: The Chairperson of a district local government council shall appoint members of the District Council for persons with disabilities to serve for a period of five years. They will consist of: the District Community Development Officer as an ex-officio member; Chief Finance Officer as an ex-officio member; District Engineer; District Education Officer as an ex-officio member; Director of Health Services as an ex-officio member; the two district councilors representing persons with disabilities who shall be ex-officio members; two other persons with disabilities appointed in consultation with the organisation of persons with disabilities in the district or city and one of whom shall be a woman;one representative of parents of children with disabilities, one representative of non-governmental organisations working with persons with disabilities in the district or city; the Chairperson of the District Committee responsible for disability affairs or social services at the local council as an ex-officio member; one representative of youth with disabilities, on the district or city youth council and one person of proven integrity with knowledge in disability who is involved in the promotion and advancement of the disability matters appointed in consultation with organisations of persons with disabilities in the district or city.
  • Functions of district council for persons with disabilities
    • coordinate and monitor the implementation of policies and programmes for persons with disabilities in the district or city;
    • promote and advocate for the integration of services for persons with disabilities in the district or city plans of action;
    • advocate for the implementation of national policies on disability in the district or city;
    • submit reports on the situation of persons with disabilities in the district or city local government council and to the Council twice a year;
    • inquire into any matter that violates the rights of persons with disabilities and non-compliance with laws, regulations, policies and programs relating to disability and recommend appropriate action to the relevant body at the district or city level, if appropriate or to the Council; and
    • perform any other function that may enhance the well being of persons with disabilities in the district or city.
  • Secretariat and staff of district council for persons with disabilities

A district council for persons with disabilities shall have a secretariat which shall plan, coordinate and generally assist the district council in carrying out the functions and day-to-day operations of the district council for persons with disabilities. It shall be headed by an executive secretary who shall be appointed by the Chief Administrative Officer of the district, on the recommendation of the District Service Commission and will have have officers and employees as may be determined by the district council and approved by the district council chairperson, who shall be appointed by the Chief Administrative Officer of the district on the recommendation of the District Service Commission.

  • Sub County council for persons with disabilities

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 persons with disabilities as the case may be, who shall serve a period of five years. This body shall consist of persons including: the Community Development Officer, two councillors representing persons with disabilities at that level, one youth with a disability, one person of proven integrity and commitment to the disability matters, one parent of a child with a disability, the District Inspector of schools among other officials. 

  • Functions of sub county councils for persons with disabilities
    • coordinate and monitor the implementation of the policies and programmes for persons with disabilities in the sub county
    • promote and advocate for the integration of services for persons with disabilities in the sub county plan of action
    • advocate for the implementation of district and national policies on disability
    • submit reports on the situation of persons with disabilities in the sub county to the district council for persons with disabilities, twice a year
    • perform any other function that will enhance the wellbeing of persons with disabilities in the sub county
    • 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 district council or city council for persons with disabilities for relevant action
    • submit reports to the district council for persons with disabilities, every six months

Part 6 – Financial provisions

  • Funds of Council

The funds of the Council shall consist of monies appropriated by Parliament, loans from any person or organisation within or outside Uganda approved by the Minister responsible for finance and grants, gifts and donations received from any source within or outside Uganda  approved by the Minister responsible for finance. All income and monies of the Council shall be deposited to the credit of the Council in a bank approved by the Accountant General and shall not be withdrawn except with the approval of, and in the manner determined by the Council. The Council shall prepare and submit to the Minister responsible for finance for approval estimates of the income and expenditure of the Council for the next financial year within three months before the end of each financial year. No expenditure shall be made out of the funds of the Council unless the expenditure is approved by the Council.

The financial year of the Council is the period of twelve months beginning on the 1st day of July in each year and ending on the 30th June of the following year. The Council shall also keep proper books of accounts and records of their income and expenditure. They shall prepare a report on their performance during the financial year consisting of the financial statements and any other information in respect of the financial affairs of the Council, on directive of the Minister responsible for finance. 

  • Audit

The Auditor-General or one auditor appointed by him shall in respect of each financial year audit the accounts of the council. They will be granted access to all books of accounts, vouchers and other financial records of the Council and shall be entitled to have any information and explanation required by him or her in relation to those documents as he or she may deem fit.The Council shall ensure that within four months after the expiry of each financial year, a financial statement described in section 40(2) is submitted to the Auditor-General for auditing.

The Council shall comply with the Public Finance Management Act, 2015.

Part 7 – Elections for persons with disabilities

  • Election of representatives

The election of the representatives of persons with disabilities at all levels of Government shall be conducted using the electoral structure prescribed in Schedule 7 to this Act. The Electoral Commission shall facilitate the formation of electoral colleges at the different levels of Government and shall appoint returning officers and presiding officers to conduct the elections of the representatives of persons with disabilities. Any person with a disability who meets the national standard for elections has a right to contest for any elective office to represent persons with disabilities. Elections at the national, district and city level shall be by secret ballot while those at village parish or ward, sub county, division and town council level shall be by the electorate lining up behind the candidates nominated for the office, or their representatives, portraits or symbols. A person with a disability may be nominated by the Electoral Commission for elections under this Part, where that person is sponsored by a political organization or a political party or where the person stands for elections as an independent candidate.

Part 8 – Miscellaneous

This part includes terms regarding protection of members of Council from civil action, Reports of Council, Regulations, Amendment of Schedules, Amendment of the Trial on Indictment Act and the Magistrates Courts Act, Repeal of Persons with Disabilities Act, National Council for Disability Act and the Uganda Foundation for the Blind Act and Transitional provisions.

You can access the full publication here. 

Commonwealth Foundation’s support for PWDs during COVID19

News

Given the disproportionate effect that COVID19 has had on PWDs, the Commonwealth Foundation in partnership with Uganda National Action of Physical Disability (UNAPD) and Austria-based NGO Light of the World to strengthen the capacity of PWD representatives to participate effectively in ongoing Covid-19 response measures. This project will facilitate engagement between PWDs and Covid-19 Task Forces so that the needs of PWDs are adequately reflected in policies and planning.

The increased advocacy by the disabled people’s organisations (DPOs) has led to adoption of PWDs representatives on the National and District Task Forces. However, the PWD representatives have limited capacity to articulate their needs at such fora. This project therefore aims to ensure inclusive or disability sensitive government response mechanisms at different levels through active inclusion of PWDs in ongoing Covid-19 prevention and management planning.

This will be achieved by 

  1. Collating Task Force members’ experiences and linking with other DPOs to collectively document the impact of Covid-19 on diverse disability-specific experiences to inform evidence-based advocacy
  2. Developing and implementing awareness campaigns on Covid-19 through print, radio, TV and social media using accessible formats (Ugandan Sign Language and Braille); conducting specific media awareness campaigns on gender-based violence prevention
  3. Ensuring that PWD representatives are included in three District Task Forces training PWD representatives in advocacy to enhance their effective participation in District Task Forces
  4. Strengthening engagement between PWDs and government authorities through holding meetings with the National and three District Task Forces to:
    1. Raise PWDs’ priorities in Covid-19 planning on accessible quarantine centres, affirmative action in food distribution, production of user-friendly masks etc
    2. Advocate for use of gender-disaggregated indicators in monitoring frameworks of National & District Task Forces for tracking the reach of programmes to PWDs
    3. holding meetings with WHO and Ministry of Health officials to advocate for prioritisation of PWDs in Covid-19 testing/treatment programmes, and including gender-disaggregated indicators to track programme performance

This initiative has been backed by a sum of £28,500 has been funded for the year 2021 to covering 12 months