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Councils.

4.3.1 National Council for Disability

The National Council for Disability (NCD or the Council), is established by the National Council for Disability Act (the NCDA) 2003. The NCDA establishes three levels of the Councils, namely, at national level, district or municipal, sub- county or division or town council.175 This places the Council in a position to monitor any policy on equalisation of opportunities for disabled people. It is a body through which the needs, problems, concerns, potentials and abilities of disabled people can be communicated to government and its agencies for action.176 The Council is mandated to carry out monitoring and evaluation of

2005.<www.greenwatch.or.ug/pdf/.../SHIPWRECKS_AND_SEAMARKS.pdf> accessed on 7th May 2010.

174_{Javed Abidi v Union of India and othersW.P. (C) NO. 3226 1997, decided on 17.12.1998 by} the Supreme Court of India <http://www.ncpedp.org/policy/judg-ac01.htm> accessed on 7th May 2010.

175

The National Council for Disability Act 2003, Part IV ss 18 -24. 176_{Ibid s 5.}

both government and non-government policies for the inclusion of disabled people,177 and to coordinate178 and advocate179 for this inclusion. It is also to carry out research and investigations into violations of rights of disabled people or non-compliance with laws relating to them.180 With these mandates, the Council is empowered to determine the level of equal opportunities disabled students are accorded in higher education. However, the Council has not been able to execute its functions effectively, including at the institutions of higher education due to limited resources and management challenges.181

4.3.2 Equal Opportunities Commission

The Equal Opportunities Commission (EOC or the Commission), is established by the Equal Opportunities Commission Act (EOCA) 2007 and was launched in 2009. The Commission is established to give effect to the State‘s constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on grounds such as disability182 and take affirmative action in favour of those groups for the purpose of redressing imbalances that exists against them.183The Commission is empowered with the comprehensive and complimentary roles of monitoring and evaluation and with the enforcement of compliance with the equality laws. Stated as follows:

The functions of the Commission are to monitor, evaluate and ensure that policies, laws, plans, programmes, activities, practices, traditions, cultures and customs of— 177_{Ibid s 6(b).} 178_{Ibid s 6(c).} 179_{Ibid s 6(e).} 180_{Ibid s 6 (f).}

181_{Information obtained through a telephone interview with the Senior management for the} National Council for Disability held in April 2010

182

These grounds are sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability.

(a) organs of state at all levels; (b) statutory bodies and agencies; (c) public bodies and authorities; (d) private businesses and enterprises; (e) nongovernmental organisations, and

(f)social and cultural Communities, are compliant with equal opportunities and affirmative action in favour of groups marginalised on the basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing, political opinion, disability, gender, age or any other reason created by history, tradition or custom.184

In executing its functions, the Commission has statutory powers similar to the powers of the Judicial Court,185 therefore has powers to hear and determine complaints and may resolve them through mediation, conciliation, negotiation, settlement or other dispute resolution mechanism.186 That power places it in a position to enforce the PwDA and other equality Acts.

EOC can undertake research-related activities on the inclusion of disabled people to highlight the extent to which they are accorded equal opportunities in higher education187 It has powers to ensure recommendations arising out of such research are put into action as it can refer any matter to any other institution, body, tribunal or authority which, in the opinion of the Commission can best handle that matter. 188 This means the Commission can refer such recommendations to the Commission for Higher Education or to the National Council for Higher Education for appropriate action.

184_{The Equal Opportunities Commission Act 2007, s 14(1).} 185 Ibid s 15. 186 Ibid ss 14(3) and (4). 187 Ibid s 14 (2)(d). 188_{Ibid s 15(4)(a).}

Another role of the Commission that places it in a good position to bring disability equality into higher education is its function to ―prepare and publish guidelines for implementation of equal opportunities and the avoidance of acts, [...] that undermine equal opportunities‖.189

This could lead to the development of codes of practices for disability inclusion for institutions of higher education. In Uganda, these guidelines are clearly absent. This research argues that the Commission has powers to ensure that codes of practice are developed as it is invested with powers to ‗recommend to or order any institution, body, authority or person to adopt or take particular steps or action which, in the opinion of the Commission will promote equal opportunities‘.190 In this particular case, the Commission can recommend developing the codes of practice to the NCHE whose role is to streamline the operation of higher education.

Finally, there is the Commission‘s role to ‗monitor the compliance, in Uganda, with the provisions of international and regional conventions [...] that relate to or are relevant to the functions and objects of the Commission‘.191 This has the potential to ensure Ugandan disability legislation on education complies with the Convention on the Rights of Disabled People (CRPD).

4.3.3 Uganda Human Rights Commission

The Uganda Human Rights Commission (UHRC) is the national human rights institution,192 established in accordance with the Constitution, to promote and protect human rights as well as monitor them in the country in line with international human rights instruments. 193 UHRC‘s competence and responsibilities is in tune with the international standards, spelt out by the Paris

189_{Ibid s 14 (2)(f).}

190_{The Equal Opportunities Commission Act 2007, s 15(4)(b).}. 191_{Ibid s 14 (2)(g).}

192

The Constitution of the Republic of Uganda 1995, Art54. 193

Ibid Articles 51-58 See also

<http://www.uhrc.ug/index.php?option=com_content&view=article&id=162&Itemid=26> accessed on 17th July 2010.

Principles relating to the status of national institutions for the protection and promotion of human rights.194

In summary, the breadth of the mandate of UHRC includes human rights promotion and outreach, investigation and resolution of complaints, commenting on the Bills before parliament, monitoring Uganda‘s compliance with international treaties and the Constitution on matters of human rights and performing any other human rights matter as may be provided by law.195 It also publishes periodic reports on the status of human rights in the country and submits those reports to Parliament annually.196 In the performance of its functions, UHRC assumes the powers of the Judicial Court.197On the investigation of the violation of rights of disabled people, there has been a general improvement in the way disability features in UHRC reports to parliament since 2000. In particular, the 2009 annual reports highlights the situation of disabled people in the country, challenges faced by disabled people in enjoyment of their rights and recommendations for the improvements of the human rights situation for disabled people.198 It appears the UHRC has done much on the issues relating to access to primary and secondary education,199 but little on higher education. This is the gap in the work of UHRC that needs to be filled to ensure that UHRC ensures a right to education for disabled people in higher education.

194

Annex 6, Paris Principles A/RES/48/134, 85th Plenary meeting 20th December 1993. 195

The Constitution of the Republic of Uganda 1995, Article 52 (1). 196_{Ibid, Article 52 (1).}

197_{Ibid, Article 53.}

198 _{Uganda Human Rights Commission, ‗Uganda Human Rights Commission 12}th _{Annual Report} of the Uganda Human Rights Commission to the Parliament of the Republic of Uganda‘ 2009, chapter 8.

199_{Uganda Human Rights Commission, ‗Uganda Human Rights Commission 10}th

Annual Report of the Uganda Human Rights Commission to the Parliament of the Republic of Uganda‘ 2007 Par 1.8.2 <http://www.uhrc.ug/index.php?option=com_docman&Itemid=137> accessed on 17th July 2010.

4.4 Mechanisms to Implement and Monitor the Implementation of the