This Act lays the foundation upon which Lungujja Community Health Caring Organization (LUCOHECO) TB Prevention and Eradication Services will run.
We adopt a Thematic Programmatic Approach (TPA) leveraging interventions targeting individuals for maximum impact.
All programming, interventions and mitigation will be geared at providing for the respect and promotion of the fundamental and other human rights and freedoms; to ensure the right knowledge and skills are extended so that Persons with Disabilities participate in self care; to link persons with disabilities to care; to engage in activities promoting the respect and dignity of all Persons with Disabilities. This is in line with the objective of persons with
disability Act. This is to uphold the dignity of every Person with Disability (PwD)
in the society and prevent any form of discrimination. The act also facilitates
full acceptance of people with disability and ensures full participation and
inclusion of such persons in the society.
The Uganda Persons with Disabilities
Act, 2020
Act 3 of 2020
- Published
in Uganda Gazette no. 10 on 14 February
2020
- Assented to on 19 September 2019
- Commenced
on 14 February 2020
- [This is the version of this document from 14 February 2020 and
includes any amendments published up to 30 September 2020.]
An Act 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.BE IT
ENACTED by Parliament as follows—
Part I – Preliminary
1. Interpretation
(1)In this Act unless the context otherwise requires—“assistive
devices” 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” means a building
specified in Schedule 2 to this Act;“communication” includes 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”
means the National Council for Persons with Disabilities specified in section 16;“currency point” has 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;“health unit” means a
hospital, clinic, nursing home, maternity and dental surgery centre established
by Government or registered under the Medical and Dental Practitioners Act,
Cap. 272;“Institution of learning” means a school, college, university
or other institution where education or learning is provided;“Minister”
means the Minister responsible for disability affairs.(2)This Act is with
regard to mental disability, subject to the Mental Health Act,
2019.
2. Determination of a
person with a disability
Whenever a question arises whether a person has a disability or not or where court so
requires, a medical doctor with the relevant expertise or an expert appointed
by the Council, shall carry out an examination to
confirm the disability.
Part II – Rights of persons
with disabilities and non discrimination.
3. Respect and promotion of
rights and freedoms of persons with disabilities
(1)A person with a disability shall enjoy the fundamental
and other human rights and freedoms enshrined in the Constitution.(2)The
Government and all persons in Uganda shall respect, uphold and promote the
fundamental and other human rights and freedoms of persons with disabilities
enshrined in the Constitution and the United Nations Convention on the Rights
of Persons with Disabilities and its optional protocols.(3)Subject to this Act,
the Government and all persons in Uganda shall enforce and implement the laws
of Uganda without discrimination on the basis of disability.
4. The right to enjoy
family life
(1)A person with a disability has a right to a home, to
found a family, adopt, be a guardian or trustee of a child in accordance with
the relevant laws and is entitled to—(a)have sexual and other intimate
relationships;(b)equal rights at and in marriage, during marriage and at its
dissolution;(c)raise his or her child and shall not be separated from his or
her child except in accordance with the law and best interests of the child.(2)A
child with a disability shall not be separated from
his or her family except in accordance with the law and best interests of the
child.(3)A child with a disability shall—(a)enjoy all the rights
enshrined in the Children Act, Cap. 59 on an equal basis as a child
without a disability; and(b)have the right to know and be cared for by his or
her parents or guardian.(4)A parent or guardian of a child with a disability shall have the duty to raise
the child and ensure the child’s proper upbringing and development.(5)A person
who contravenes this section commits an offence and is liable, on conviction,
to a fine not exceeding twenty four currency points or a term of imprisonment
not exceeding twelve months, or both.
5. Prohibition of inhuman
and degrading treatment for persons with disabilities
(1)A person with a disability shall not be subjected to any
form of torture or cruel or degrading treatment.(2)A person with a disability shall not without his or her
free and informed consent be subjected to—(a)medical or scientific research;(b)harmful
traditional or cultural practices; or(c)forced sterilisation.(3)A person who
subjects a person with a disability to a condition specified in
this section commits an offence and is liable, on conviction, to a fine not
exceeding twenty currency points or imprisonment not exceeding one year, or
both.
6. Non discrimination in
the provision of education services
(1)An institution of learning shall not discriminate against a learner
with a disability, on the basis of the disability.(2)Subsection (1) does not apply
where an institution of learning is established for learners of a
specific disability, and the learner does not have
that disability.(3)An institution of learning
discriminates against a learner with a disability where—(a)on the basis of
the disability, the institution of learning
refuses to accept an application for admission, made by the learner with
a disability who is otherwise qualified for
admission;(b)the conditions for admission to the institution of learning
exclude the admission of learners with disabilities;(c)the institution of
learning denies or limits access of a learner with a disability, to the available facilities and
services;(d)the institution of learning expels a learner with a disability, on the basis of the disability; or(e)the institution of learning
subjects the learner with a disability to any unfair treatment, on
the basis of the disability.(4)An institution of learning that
enrols a learner with a disability shall—(a)provide an inclusive
education system for the learner; and(b)make the necessary structural
adjustments to the buildings and premises of the institution of learning, to
enable access to the building or premises by a learner with a disability, within three months from the date
of admission of the learner.(5)In addition to the requirements under subsection
(4), an institution of learning which is owned or aided by Government that
enrols a learner with a disability, shall provide sign language
services, learning instructional materials and assistive devices, suitable for the learner
and required for examinations by the learner.(6)A parent or guardian of a child
with a disability has the responsibility of
enrolling the child in an institution of learning or ensuring that the child is
enrolled in an institution of learning.(7)Where the child referred to in
subsection (6) is to be enrolled in an institution of learning with an
inclusive education system, the institution of learning shall, where
applicable, be of the same or comparable standard as that in which the other
children under the care of the parent or guardian are enrolled.(8)An
institution of learning that enrols a learner with a disability shall provide sports
facilities and equipment specific to the needs of the learner with a disability and put in place measures to
facilitate the participation of learners with disabilities in sports and other
co-curricular activities.(9)A person who willfully prevents a child with
a disability from attaining education
commits an offence, and is liable, on conviction, to a fine not exceeding
twenty currency points or imprisonment for a term not exceeding six months or
both.(10)In this section “inclusive education system” means a system where a
learner with a disability is taught together with the
other learners, in the same environment, and where, if required under
subsection (5), extra support is given to the learner with a disability.
7. Non discrimination in
the provision of health services
(1)A health unit shall not discriminate
against a person with a disability, on the basis of the disability.(2)A health unit shall—(a)comply with the
requirements of section 10(1) and (2);(b)provide wheelchairs
and accessible examination tables for persons with disabilities; and(c)provide
labour beds for expectant women who are persons with disabilities.(3)A health unit discriminates against a
person with a disability where—(a)on the basis of
the disability, the person is denied admission or
treatment at the health unit;(b)the health unit does not comply with the
requirements of section 10(1) and (2)and is not accessible by
persons with disabilities; or(c)the health unit does not provide accessible
labour beds, examination tables or wheel chairs for persons with disabilities.(4)For
the purposes of subsections (2) and (3), “accessible labour bed” and
“accessible examination table” means a labour bed or an examination table that
is appropriate for the disability of the person using the bed or
table.(5)A parent or guardian of a child with a disability, shall ensure that the child
receives required immunisation and medical treatment.(6)A child with a disability shall be immunised and receive
medical treatment at health unit of the same or comparable
standard as those to which the other children under the care of the parent or
guardian are immunised and receive treatment.(7)The Government shall provide
persons with albinism with skin protective creams and persons with disabilities
with assistive devices at no cost or
subsidised prices.
8. Habilitation and
rehabilitation for persons with disabilities
(1)The Minister responsible for health and
the Minister responsible for education shall,
in consultation with the Council and the Minister, provide habilitation and
rehabilitation services and programmes for the persons with disabilities.(2)The
Government shall offer counselling services and inform persons with
disabilities and their parents or guardians, caregivers and the members of
communities where persons with disabilities are resident, on the habilitation
and rehabilitation services that are available for persons with disabitilies.
9. Non discrimination in
employment
(1)An employer shall not discriminate against a person with a disability, on the basis of the disability of that person.(2)An employer
shall—(a)in any advertisement for a job, where appropriate, encourage persons
with disabilities to apply for the job;(b)provide an applicant with a disability who applies for a job,
reasonable accommodation necessary to undertake the job interview; and(c)provide
an employee with a disability reasonable accommodation in
the performance of the job or task.(3)An employer discriminates against a
person with a disability where—(a)on the basis of
the disability, the employer refuses to accept an
application made by the person with a disability, who is otherwise qualified for the
job;(b)the conditions for applying for the job or the selection criteria
exclude applications by persons with disabilities;(c)the assessment of the
performance of an employee with a disability is conducted in a manner that
does not correctly gauge the performance of that employee;(d)the remuneration
or benefits given to an employee with a disability is less than that given to the
other employees who perform similar tasks;(e)on the basis of the disability, an employee with a disability is not considered for
promotion, on job training, scholarships or any other benefits that are accorded
to the other employees;(f)on the basis of the disability, an employee with a disability is transferred from a job or
task which he or she is capable of performing to another job or task which he
or she is unable to perform due to his or her disability;(g)the employer does not provide
reasonable accommodation required by the employee with a disability to perform his or her job or
tasks;(h)the employer conducts a medical examination on an employee with
a disability, where the examination is not
performed on the other employees; or(i)the services of employment of an
employee with a disability, are terminated on the basis of
the disability.(4)In this section “reasonable
accommodation” means necessary and appropriate modification and adjustments
where needed to ensure that an employee who is a person with a disability can enjoy or exercise all
human rights and fundamental freedoms on an equal basis with others and
includes tools, equipment, working environment and where necessary, a modified
work schedule.(5)An employer with employees with disabilities shall be allowed
deductions of up to ten percent on the chargeable income, as may be provided
for by the Income Tax Act.(6)The Minister shall, in consultation with the Council and employers’ organisations,
determine the quota of persons with disabilities workforce for employers, and
by statutory instrument publish the agreed quota at least once in every two
years.(7)An employer who contravenes this section commits an offence and is
liable, on conviction, to a fine not exceeding one hundred currency points or
imprisonment not exceeding one year or both.
10. Accessibility to buildings
(1)An owner or a person in charge of a building to which the public is allowed access shall,
subject to the requirements of the laws on building standards and other
relevant laws, provide appropriate access for persons with disabilities to the
building.(2)In subsection (1) “provide appropriate accessibility for persons
with disabilities, to the building” means—(a)putting in place accessible and
easy to find entrances which are connected to accessible pathways and parking
areas;(b)providing safe and accessible toilets, urinals and bathrooms;(c)providing
safe and well dimensioned staircases with appropriate railing, accessible elevators;
and(d)where necessary, providing ramps.(3)An owner or a person in charge of
a building to which the public is allowed access shall
provide parking space for vehicles driven by persons with disabilities or by
drivers of persons with disabilities.(4)The parking space referred to in
subsection (3) shall be marked with a conspicuous sign or the acronym “PWD”.(5)A
driver who is not a person with a disability or who is not a driver of a
person with a disability shall not park a vehicle in
the parking space referred to in subsection (3).(6)A person who contravenes
subsection (3) commits an offence and is liable, on conviction, to a fine not
exceeding twenty five currency points or a term of imprisonment not exceeding
five months or both.
11. Non discrimination in
the provision of transport services
(1)An owner or a person in charge of any means of transport that is used
by the public and for which a fare is charged, shall not deliberately or unreasonably
refuse to transport a person with a disability.(2)An owner or a person in charge
of any means of transport that is used by the public and for which a fare is
charged, shall not require a passenger with a disability who uses assistive devices, to pay an extra charge for
the carriage of the assistive devices.(3)Subject to the Traffic
and Road Safety Act, Cap. 361 a person with a disability shall
not be unreasonably denied a driving permit or his or her driving privilege by
reason only of his or her disability.(4)A person who contravenes this section
commits an offence and is liable, on conviction, to a fine not exceeding fifteen
currency points or a term of imprisonment not exceeding three months or both.
12. Non discrimination in
the provision of services on a commercial basis
(1)A person who provides services to the public on a commercial basis
shall make the services available and accessible to persons with disabilities.(2)A
person who provides services to the public on a commercial basis shall not—(a)deny
the services to a person with a disability on the basis of the disability; or(b)deliberately make it
impossible or unreasonably difficult for a person with a disability to use the services.(3)Subsections
(1) and (2) shall not apply where it is necessary to protect the health or
safety of the person with a disability or any other person.(4)An
owner or a person in charge of a television station shall, provide or cause to
be provided sign language insets in all newscasts.(5)A person who contravenes
this section commits an offence and is liable, on conviction, to a fine not
exceeding fifteen currency points or a term of imprisonment not exceeding three
months or both.(6)The Minister responsible for communication shall, in consultation with
the Council, make regulations defining the
standards for the access to information by persons with disabilities in
accordance with this section.(7)In this section “services” means the services
in Schedule 4 of this Act.
13. Identification of
suspects and accused persons by visually impaired complainants and witnesses
A complainant or a witness who is a person with a disability of total blindness or low
vision, may identify a suspect or an accused person by the voice of the suspect
or accused person or by touching or by any other manner by which the
complainant or witness is able to make the identification intelligible.
14. Affirmative action
(1)For the purpose of upholding the fundamental rights and freedoms of
persons with disabilities, the Government shall promote a policy of affirmative
action for persons with disabilities including employment of persons with
disabilities in the public service.(2)The Minister shall, every two years report to
Parliament on measures undertaken for the purposes of subsection (1).
15. Access to justice,
information and training
(1)The Government shall promote—(a)the development, training and use of
sign language, tactile and sign language interpreters, in all public
institutions and at all government functions;(b)the use of information assistive devices and technology;(c)the
provision in braille of public information such as Government documents and
publications.(2)The Government shall train judicial and law enforcement
officers in matters concerning persons with disabilities.
Part III – Establishment,
functions and composition of the National Council for Persons with Disabilities
16. The National Council for Persons with Disabilities
(1)The National Council for Disability 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.(2)The Council shall be a body corporate with
perpetual succession and a common seal and may sue or be sued in its corporate
name.
17. Functions of Council
(1)The Council shall—(a)monitor the implementation of this Act by
Government, government agencies, non-governmental agencies, bodies corporate
and private persons;(b)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;(c)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;(d)develop
projects and schemes for self employment or sheltered employment for persons
with disabilities;(e)establish programmes for the support, counselling and
other assistance to persons with disabilities and for the parents, guardians
and caregivers of persons with disabilities;(f)monitor the welfare and
rehabilitation services offered by Government, government agencies,
non-governmental agencies, including vocational guidance and counselling;(g)regulate
the human support services for persons with disabilities including sign
language interpreters, readers, guides and life assistants;(h)liaise with
Government on the needs, problems and other issues of persons with
disabilities, for planning purposes;(i)mobilise persons with disabilities to
participate in elections, sports and other co-curricular activities for persons
with disabilities at all levels;(j)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;(k)advocate for the education,
training and employment of persons with visual disability;(l)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;(m)provide technical and other forms of
assistance to Government or any other person, on issues of persons with
disabilities; and(n)perform any other function as may be necessary for the
purposes of this Act.(2)For the purposes of carrying out its functions under
subsection (1), the Council shall have powers to—(a)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(b)call witnesses
and demand the production of documents that the Council may require, including
documents of registration of the organisations specified in subsection (1)(l).
18. Management of property
registered in names of Uganda Foundation for the Blind
(1)The property specified in Schedule 5, registered in the names of the
Uganda Foundation for the Blind, shall at the commencement of this Act be
administered and managed by the Council on behalf of all persons with
disabilities in Uganda.(2)The property and any income derived from it shall be
applied by the Council for the benefit of persons with
disabilities in Uganda.(3)The property shall be transferred to the Council, to be held in trust for persons with
disabilities in Uganda.
19. Seal of Council
(1)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.(2)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.
20. Composition of Council
(1)The Council shall be composed of the
following members appointed by the Minister—(a)a representative of each of the
following Ministries who shall be ex-officio members—(i)the Ministry
responsible for local governments;(ii)the Ministry responsible for finance;(iii)the
Ministry responsible for health;(iv)the Ministry responsible for education and
sports;(v)the Ministry responsible for labour, gender and social development;(vi)the
Ministry responsible for public service;(vii)the Ministry responsible for
justice;(viii)the Ministry responsible for works, housing and communication;(b)two persons with
disabilities, male and female, from each region nominated by national
organisations of persons with disabilities;(c)two persons, male and female,
with visual disability;(d)one parent of a child with
a disability appointed by the Minister in consultation with the
national organisations of persons with disabilities;(e)a professional with
experience in the field of disabilities, appointed by the Minister in consultation with national
organisations of persons with disabilities;(f)one representative of the youth
with disabilities appointed by the Minister in consultation with the
national organisations of persons with disabilities;(g)one representative of
the Federation of Uganda Employers appointed by the Minister in consultation with the
Federation;(h)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; and(i)one Member of
Parliament representing persons with disabilities elected by the Members of
Parliament representing persons with disabilities.(2)For the purpose of
subsection (1) (b), the regions are the eastern region, the western region, the
northern region and central region.(3)The Council may co-opt not more than two
persons, at a time, who are knowledgeable in disability matters and committed to
the disability movement as and when it deems,
necessary.(4)At least one third of the members of the Council shall be women.
21. Tenure of office of
members of Council
A member of the Council shall hold office for a period of
five years and is eligible for re-appointment for only one further term.
22. Chairperson of Council
(1)The Chairperson and the Vice-Chairperson of the Council shall be elected by the members
of the Council from among the members who are
persons with disabilities, taking into consideration gender balance.(2)The
Chairperson shall hold office for five years and is eligible for reappointment
for only one further term.(3)The Chairperson—(a)may resign his or her office as
Chairperson by notice, in writing addressed to the Minister;(b)may be removed by the Minister from office if requested to do
so by a resolution of the Council supported by not less than two
thirds of the members of the Council.(4)Any member of the Council may be removed by the Minister for misbehaviour or proven
inability to perform the functions of his or her office by reason of infirmity
of mind or body or for any other sufficient cause.(5)A person shall not be
removed from office for infirmity of mind or body under subsection (4) unless
the Council in consultation with the Medical
Board certifies that the person is unable to perform the functions of his or
her office.
23. Remuneration of members
of Council
A member of the Council, and any person co-opted to any
meeting of the Council, may be paid such remuneration or
allowances as the Minister may determine in consultation
with the Minister responsible for finance.
24. Meetings of Council
Schedule 6 to this Act shall have effect with regard to the meetings
of Council.
25. Committees of Council
(1)The Council may establish such committees as
may be necessary for the efficient performance of its functions under this Act.(2)The Council may prescribe the procedure for
the meetings of its committees.(3)The Council may delegate any of its function
to the committees as it may consider fit and subject to conditions as it may
determine.
Part IV – The Secretariat
26. Secretariat and
Executive Secretary
(1)The Council shall have a Secretariat headed
by an Executive Secretary who shall be appointed by the Minister on the advice of the Council.(2)Subject to the provisions of this
Act, 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.(3)The Executive Secretary may resign
office in writing addressed to the Minister through the Council, upon giving a one month’s notice.(4)The Minister may, on the advice of the Council and after giving him or her one
month’s notice in writing, remove the Executive Secretary from office for
misbehaviour or inability to perform the functions of his or her office.(5)Notwithstanding
subsection (4), the Executive Secretary shall not be removed from office under,
this section for inability to perform the functions of his or her office as
result of infirmity of body or mind unless the Council, in consultation with the Medical
Board, certifies that he or she is unable to perform the functions of his or
her office.
27. Functions of Executive
Secretary
(1)The Executive Secretary shall be the chief executive and accounting
officer of the Council.(2)Subject to the general control of
the Council, the Executive Secretary shall—(a)be
the secretary at any meeting of the Council and shall keep a record of the
minutes of the meetings; and(b)perform such other functions as may be assigned to
him or her by the Council.(3)In the absence of the Executive
Secretary, 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.
28. Other staff of Council
(1)The Council shall have such other employees
and officers in the Secretariat as the Council may with the approval of
the Minister, determine.(2)The Council shall pay the Executive Secretary
and the other staff of the Council such 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.(3)The
terms and conditions of service of the Executive Secretary, officers and
employees of the Council shall be determined by the Council with the approval of the Minister, in consultation with the Minister responsible for public service.
29. Experts and consultants
(1)The Council may, acting on the advice of the
Executive Secretary, engage the services of experts and consultants when
necessary.(2)The experts and consultants engaged under this section may be paid
fees and allowances and granted such facilities as may be determined by
the Council.
Part V – Local government
councils for persons with disabilities
30. District councils for
persons with disabilities
(1)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.(2)A district council for persons with disabilities
shall consist of —(a)the District Community Development Officer as an
ex-officio member;(b)the Chief Finance Officer as an ex-officio member;(c)the
District Engineer;(d)the District Education Officer as an ex-officio member;(e)the
Director of Health Services as an ex-officio member;(f)the two district
councilors representing persons with disabilities who shall be ex-officio
members;(g)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;(h)one representative of parents of children with
disabilities appointed in consultation with the organisations of persons with
disabilities in the district or city;(i)one representative of non-governmental
organisations working with persons with disabilities in the district or city;(j)the
Chairperson of the District Committee responsible for disability affairs or social services at
the local council as an ex-officio member;(k)one representative of youth with
disabilities, on the district or city youth council;(l)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.(3)The chairperson and the vice chairperson shall be elected by the
members of the district council for persons with disabilities from among
members who are persons with disabilities, taking into consideration gender
balance.
31. Functions of district
council for persons with disabilities
A district council for persons with disabilities shall—(a)coordinate and
monitor the implementation of policies and programmes for persons with disabilities
in the district or city;(b)promote and advocate for the integration of services
for persons with disabilities in the district or city plans of action;(c)advocate
for the implementation of national policies on disability in the district or city;(d)submit
reports on the situation of persons with disabilities in the district or city
local government council and to the Council twice a year;(e)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(f)perform any other function that
may enhance the well being of persons with disabilities in the district or
city.
32. Secretariat and staff
of district council for persons with disabilities
(1)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.(2)The secretariat 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.(3)The
secretariat shall 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.
33. Subcounty council for
persons with disabilities
(1)The chaiperson of a municipal, city division, municipal division,
town or subcounty local council shall appoint members to the municipal, city
division, municipal division, town or subcounty council for persons with
disabilities as the case may be, who shall serve a period of five years.(2)A
municipal, city division, municipal division, town or subcounty council for
persons with disabilities shall consist of—(a)the Community Development Officer
responsible for persons with disability, who shall be the secretary;(b)two
councillors representing persons with disabilities at that level, who shall be
ex-officio members;(c)one youth with a disability;(d)one person of proven integrity
and commitment to the disability matters;(e)one parent of a
child with a disability;(f)the District Inspector of
schools who shall be an ex-efficio member;(g)the officer in charge of health
services at that level who shall be an ex-officio member;(h)a representative of
non-governmental organisations, if any, appointed in consultation with
organisations of persons with disabilities at that level; and(i)two persons
with disabilities appointed in consultation with organisations of persons with
disabilities at that level, one of whom shall be a woman.(3)The municipal, city
division, municipal division, town or subcounty council shall elect their
chairperson and vice-chairperson from among members who are persons with
disabilities; taking into consideration gender balance.
34. Functions of subcounty
councils for persons with disabilities
The functions of a municipal, city division, municipal division, town or
subcounty council for persons with disabilities are—(a)to coordinate and
monitor the implementation of the policies and programmes for persons with
disabilities in the subcounty;(b)to promote and advocate for the integration of
services for persons with disabilities in the subcounty 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 subcounty to the district council
for persons with disabilities, twice a year;(e)to perform any other function
that will enhance the wellbeing of persons with disabilities in the subcounty;(f)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 district council or city council for persons with disabilities
for relevant action; and(g)to submit reports to the district council for
persons with disabilities, every six months.
35. Remuneration of members
of district and subcounty councils for persons with disabilities
(1)The members of the lower councils for persons with disabilities and
members or persons co-opted to any meeting of the councils may be paid such
remuneration or allowances at such rates as the district council and subcounty
council may determine in accordance with Local Governments Financial
Regulations.(2)A lower council for persons with disabilities may invite
relevant technical personnel to any of its meetings for technical advice and
the personnel may be paid such remuneration or allowances at such rates as the
relevant local government councils may determine in accordance with Local
Governments Financial Regulations.
36. Meetings of district
and subcounty councils for persons with disabilities
(1)The lower councils for persons with disabilities shall meet at least
once in four months for the discharge of their functions.(2)Each lower council
for persons with disabilities shall determine the procedure for its meetings.
Part VI – Financial
provisions
37. Funds of Council
(1)The funds of the Council shall consist of—(a)monies
appropriated by Parliament;(b)loans from any person or organisation within or
outside Uganda approved by the Minister responsible for finance; and(c)grants,
gifts and donations received from any source within or outside Uganda, with the
approval of the Minister responsible for finance.(2)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.
38. Estimates of income and
expenditure
(1)The Council shall within three months before
the end of each financial year, cause to be prepared and submitted, to
the Minister for submission to the Minister responsible for finance for
approval, estimates of the income and expenditure of the Council for the proceeding financial
year.(2)No expenditure shall be made out of the funds of the Council unless the expenditure is
approved by the Council.
39. Financial year of
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.
40. Accounts
(1)The Council shall keep proper books of
accounts and records of the income and expenditure of the Council.(2)Subject to any direction by
the Minister responsible for finance,
the Council shall cause to be prepared a
report on the performance of the Council during the financial year
comprising—(a)the financial statements of the Council; and(b)any other information in
respect of the financial affairs of the Council, as the Minister responsible for finance, may
require.
41. Audit
(1)The Auditor-General or an auditor appointed by the Auditor- General
shall in respect of each financial year audit the accounts of the council.(2)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.(3)The Auditor-General or any auditor appointed by
the Auditor General shall have 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.(4)The Auditor-General shall, within two
months after receipt of the statement of accounts under subsection (2), audit
the accounts and deliver to the Council a copy of the audited accounts
together with his or her report on them, stating any matter which in his or her
opinion should be brought to the attention of the Minister.(5)The Auditor-General shall also
deliver to the Minister a copy of the audited accounts
together with his or her report on them.
42. Compliance with Public
Finance Management Act, 2015
The Council shall comply with the Public
Finance Management Act, 2015.
Part VII – Elections for
persons with disabilities
43. Election of
representatives
(1)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.(2)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.(3)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.(4)Elections at the national, district and
city level shall be by secret ballot.(5)Elections at village parish or ward,
subcounty, 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.
44. Candidates for
elections
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 VIII – Miscellaneous
45. Protection of members
of Council from civil action
A member of the Council or an employee of the Council acting on its behalf shall not be
personally liable for any act done by him or her in good faith for the purpose
of carrying into effect the provisions of this Act.
46. Reports of Council
(1)The Council shall, within three months after
the end of each financial year, submit to the Minister a report on the activities of
the Council in respect of that financial year
and the report shall include its achievements during that financial year and
its future plans.(2)The Minister shall submit the report to
Parliament for discussion.
47. Regulations
The Minister may, in consultation with
the Council, by statutory instrument, make
regulations for the better carrying into effect the provisions of this Act.
48. Amendment of Schedules
(1)The Minister may, on the recommendation of
the Council, by statutory instrument, amend
Schedules 2, 3, 4, 6 and 7 to this Act.(2)The Minister may, with the approval of
Cabinet, by statutory instrument, amend Schedules 1 and 5 to this Act.
49. Amendment of the Trial
on Indictment Act and the Magistrates Courts Act
(1)Section 17 of the Trial on Indictment Act is amended by numbering the
existing provision as (1) and inserting immediately after the numbered
subsection (1) the following—“(2) For the purposes of subsection (1), a person
with a disability shall not on the basis of
the disability, be taken to be an insufficient
surety.”(2)Section 26 of the Magistrates Courts Act is amended by numbering the
existing provision as (1) and inserting immediately after the numbered
subsection (1) the following-“(2) For the purposes of subsection (1), a person
with a disability shall not on the basis of
the disability, be taken to be an unfit person.”
50. Repeal of Persons with
Disabilities Act, National Council for Disability Act and the Uganda
Foundation for the Blind Act
The Persons with Disabilities Act, 2006, the National Council for Disability Act, No. 12 of 2003 and the Uganda Foundation
for the Blind Act, Cap. 58 are repealed.
51. Transitional provisions
(1)The assets, rights and liabilities to which the National Council for Disability and the Uganda
Foundation for the Blind were entitled, or subject to, before the commencement
of tins Act, shall vest in the Council.(2)The services of the employees of
the National Council for Disability and the Uganda
Foundation for the Blind, immediately before the commencement of this Act,
shall be transferred to the Council, on similar or better terms than the
terms enjoyed by the employees before the transfer.(3)Any court proceedings,
court actions, judgements or court orders which were enforceable by or against
the National Council for Disability or the Uganda
Foundation for the Blind, immediately before the commencement of this Act, and
are connected with the assets vested in the Council or the functions of the Council, shall be enforceable by or against
the Council, as they would have been enforced by
or against the National Council for Persons with Disabilities or
the Uganda Foundation for the Blind, as the case may be, immediately before the
commencement of this Act.
Schedule 1 (Section 1)
Currency point
A currency point is equivalent to twenty thousand shillings.
Schedule 2 (Section 1)
Buildings to which public
is allowed access
1.Government offices.2.Health units.3.Mosques, churches and other places
of worship.4.Recreation and sports facilities.5.Court houses.6.Police stations.7.Schools
and institutions of higher learning.8.Airport buildings.9.Shopping malls.10.Buildings
where the services in Schedule 4 are provided.
Schedule 3 (Section 1)
Categories of disabilities
1.Physical disability caused by cerebral palsy, amputation of a limb,
paralysis or deformity.2.Hearing disability including deafness and hard of
hearing disability.3.Visual disability including blindness and low vision
disability.4.Deaf and blind disability.5.Mental disability including
psychiatric disability and learning. disability.6.Little people.7.Albinism.8.Multiple
disability.
Schedule 4 (Section 12)
Services provided to the
public on a commercial basis
1.Information and communication services2.Boarding and lodging services.3.Banking
and related services including insurance services.4.Sports, entertainment,
recreation and leisure services.5.Professional services and trade except the
education services and health services in sections 6 and 7 of this Act.
Schedule 5 (Section 18)
Particulars of property
transferred from Uganda Foundation for the Blind
1.Land and developments at Kireka, Wakiso District, LRV 417, Folio 2,
Plot 14, measuring five acres.2.Land and developments at Luubu site for the
blind, Mayuge District, measuring 45 acres.3.Land and developments at Salaama,
Mukono District, measuring 20 acres.4.Land and developments at Kikungiri,
Rukungiri District, measuring 30 acres.5.Land and developments at Onyakidi,
Lira District, measuring 30 acres.
Schedule 6 (Section 24)
Meetings of the Council
1.Meetings of the Council(1)The Chairperson shall convene every meeting
of the Council.(2)The Council shall meet for the transaction of its business at
times and places that may be decided upon by the Council but shall meet at
least once every three months.(3)The Chairperson or, in the absence of the
Chairperson, the Vice-Chairperson and in the absence of both a member elected
by the Council to act as Chairperson may, at any time, call a special meeting
of the Council or call a special meeting upon a written request by majority of
the members of the Council.(4)The Chairperson shall preside at all meetings of
the Council and in his or her absence the Vice Chairperson shall preside and in
the absence of both, the members present may elect a member from among
themselves to preside at that meeting.(5)The Council may co-opt any person who
is not a member to attend any of its meetings as an advisor or consultant and
that person may speak at the meeting on any matter in relation to which his or
her advice is sought but shall not have the right to vote on any matter coming
for decision before the meeting.2.QuorumThe quorum at a meeting of the Council
shall be six members.3.Decisions of the CouncilQuestions proposed at meetings
of the Council shall be by consensus and where consensus is not possible by a
simple majority and in the event of an equality of votes, the person presiding
shall have a casting vote in addition to his or her deliberative vote.4.Disclosure(1)A
member of the Council who has pecuniary interest in a matter being considered
by the Council shall, as soon as possible after, relevant facts have come to
his or her knowledge, disclose the nature of his or her interest to the
Council.(2)A disclosure of interest under subparagraph (1) shall be recorded in
the minutes of the meeting of the Council and the member making the disclosure
shall not, unless the Council otherwise determines in respect of that matter—(a)be
present during any deliberation on the matter by the Council; or(b)take part in
the voting on the decision by the Council on the matter.(3)For the purpose of
the making of a decision by the Council under subparagraph (1), the member who
has made the disclosure shall not—(a)be present during the deliberations of the
Council for the making of the decision; or(b)influence any other member or take
part in the making of the decision by the Council.5.Minutes of proceedings(1)The
Council shall cause the minutes of the proceedings of each meeting to be
recorded and kept and the minutes of each meeting shall be approved by the
Council at the next meeting and shall be signed by the Chairperson of the
meeting.(2)The Chairperson of the Council shall submit to the Minister a copy
of the minutes of each meeting of the Council as soon as the minutes have been
approved.6.Council to regulate proceedingsSubject to the provisions of this
Schedule, the Council may to regulate its own proceedings.
Schedule 7 (Section 43)
Electoral structure for
persons with disabilities
1.The five (5) delegates at each level shall ensure representation in
terms of categories of disabilities and gender, where applicable.2.All willing
persons with disabilities in each village assemble to elect five (5) executive
committee members.3.The chairperson of the persons with disabilities executive
committee shall become secretary for disability affairs at village level.4.The
five (5) persons with disabilities executive committee members from each
village shall assemble at parish or ward and elect five (5) executive committee
members.5.The chairperson of the persons with disabilities executive committee
shall become secretary for disability affairs at parish level.6.The district or
city and subcounty, town or city division executive committee members shall
elect two (2) councillors (male and female) to the district council.7.All
parish or ward persons with disabilities executive committee members shall
assemble at the subcounty or division to elect five (5) persons with
disabilities executive committee members at that level and elect two (2)
councillors (male and female) to the subcounty or division council.8.All
subcounty or town or city division persons with disabilities executive
committee members shall assemble at the district to elect five (5) district
persons with disabilities executive committee members.9.The five (5) persons
with disability executive committee members from each district shall form the
national electoral college to elect the representatives of persons with
disabilities to Parliament.
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