Equal Opportunities Commission Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ Commission ” means the Equal Opportunities Commission established by section 2 ; “ court ” means a court of competent jurisdiction; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ discrimination ” means any act, omission, policy, law, rule, practice, distinction, condition, situation, exclusion or preference which directly or indirectly, has the effect of nullifying or impairing equal opportunities or marginalising a section of society or resulting in unequal treatment of persons in employment or in the enjoyment of rights and freedoms on the basis of sex , race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability; “ equal opportunities ” means having the same treatment or consideration in the enjoyment of rights and freedoms, attainment of access to social services, education, employment and physical environment or the participation in social, cultural and political activities regardless of sex , age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economi...

Section Members of Commission to relinquish particular offices Section A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission — a member of Parliament ; a member of the East African Legislative Assembly; a member of a local government council; a member of the executive of a political party or organisation at all levels; or a public officer.

Section Secretary and other staff of Commission Section The Secretary shall be a person — Subject to section 9 , the Secretary shall— The Secretary may be removed from office only for— The Commission shall have a Secretary who shall be a public officer appointed by the Commission in consultation with the Public Service Commission , on terms and conditions determined by the Commission in consultation with the Public Service Commission and specified in his or her instrument of appointment. of high moral character and proven integrity, possessed with relevant qualifications and experience in the field of public administration; and qualified to be appointed to the office of Permanent Secretary. be responsible for the carrying out of the policy decisions of the Commission and the day-to-day administration and management of the affairs of the Commission ; be responsible for the control of the other staff of the Commission ; be responsible for recording all minutes of the meetings of the Commission , and keeping all records and documents of the Commission ; have the custody of the seal of the Commission ; and perform any other function assigned to him or her by the Commission . inability...

Section Offices of Commission Section The Commission may establish offices at appropriate administrative levels as it considers fit for the better performance of its functions.

Section Meetings and procedure of Commission Section The Commission shall meet for the discharge of business at least once in every three months at such time and place as the Commission may determine and the Chairperson shall convene all the meetings. The Chairperson may, at any time, convene a special meeting of the Commission and shall convene a meeting within fourteen days if requested to do so in writing by at least three members of the Commission . Except for a special meeting referred to in subsection (2) , notice of a meeting of the Commission shall be given in writing to each member at least fourteen working days prior to the date of the meeting. The Chairperson shall preside at every meeting of the Commission and in the absence of the Chairperson the Vice Chairperson shall preside; in the absence of both the Chairperson and the Vice Chairperson, the members present shall elect one of their number to preside at the meeting. The quorum for a meeting of the Commission shall be three members, and all decisions at a meeting of the Commission shall, as far as possible, be arrived at by consensus. Where, on any matter consensus cannot be obtained, the matter shall be decided by a...

Section Establishment of Equal Opportunities Commission Section In accordance with Article 32(3) of the Constitution , there is established a commission to be known as the Equal Opportunities Commission . The Commission shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, may do, enjoy or suffer anything that bodies corporate lawfully do, enjoy or suffer.

Section Independence of Commission Section Subject to the Constitution , the Commission shall, in exercise of its functions, be independent and shall not be subject to the direction or control of any person or authority.

Section Seal of Commission Section The seal of the Commission shall be— in such form as the Commission may determine; applied in such circumstances as the Commission may determine, subject to any written law; and kept under the custody of the secretary. Judicial notice shall be taken of the seal of the Commission and any document sealed with the seal shall be admissible in evidence.

Section Composition of Commission Section The Commission shall consist of five members who shall include a chairperson, a vice chairperson, at least one person with a disability, a youth and two women. The members of the Commission shall be appointed by the President with the approval of Parliament . The members of the Commission shall be persons of high moral character and proven integrity and possess considerable experience in, and a record of commitment to, matters relating to the promotion of equal opportunities or human rights.

Section Tenure of office of members of Commission Section A member of the Commission may be removed from office by the President— A member of the Commission shall not be removed from office— A member of the Commission shall hold office on a full time basis for five years and is eligible for re-appointment for one more term. A member of the Commission may at any time resign his or her office in writing addressed to the President. for inability to perform the functions of his or her office arising out of infirmity of body or mind; for misbehaviour or misconduct; for incompetence; if the member is absent, without prior communication to the Chairperson, for more than four consecutive meetings of the Commission , or is absent from Uganda for more than twelve consecutive months; if the member is or becomes bankrupt or insolvent or enters into a composition scheme with his or her creditors; or if the member is convicted of an offence involving dishonesty, fraud or moral turpitude. under subsection (3)(a) , unless the medical board certifies that the person concerned is unable to perform the functions of the Commission ; under subsection (3)(b) , (c) and (d) , unless the person concerned i...

Section Oath of members of Commission Section Every member of the Commission shall, before assuming his or her duties under this Act, take and subscribe the oath specified in Schedule 2 to this Act.

Section Remuneration and allowances of members of Commission Section The emoluments of the members of the Commission shall be prescribed by Parliament and shall be a charge on the Consolidated Fund.

Section Chairperson of Commission Section The Chairperson of the Commission shall— be the head of the Commission ; preside over or chair all meetings of the Commission ; be responsible for the general direction of the affairs and administration of the Commission ; and monitor and supervise the work of the Secretary. The Vice Chairperson shall deputise for the Chairperson and perform such other functions as the Chairperson or the Commission may assign.

Section Functions of Commission Section The functions of the Commission are to monitor, evaluate and ensure that policies, laws, plans, programmes, activities, practices, traditions, cultures, usage and customs of— Without prejudice to the generality of subsection (1) , the Commission may— organs of State at all levels; statutory bodies and agencies; public bodies and authorities; private businesses and enterprises; non-governmental organisations; and social and cultural communities, investigate or inquire into, on its own initiative or on a complaint made by any person or group of persons, any act, circumstance, conduct, omission, programme, activity or practice which seems to amount to or constitute discrimination , marginalisation or to otherwise undermine equal opportunities ; examine any law, proposed law, policy, culture, tradition, usage, custom or plan which is likely to have the effect of nullifying or impairing equal opportunities to persons in employment or enjoyment of human rights; develop, conduct and manage information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment...

Section Powers of Commission Section In the performance of its functions under this Act, the Commission shall have the powers of a court to— inspect any books, papers, materials or documents produced before it or otherwise and— Subject to subsection (3) , where a person — In the course of its proceedings, the Commission may— In the discharge of its functions, the Commission may— The Commission shall not investigate— any matter involving behaviour which is considered to be— In the performance of its functions, the Commission — require the attendance before the Commission of any person ; require the production of any books, papers or documents; retain any such books, papers, materials, or documents for such reasonable period as the Commission deems fit; make copies of any of them, or their contents; require any person to take oath or affirmation 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 any question put by any member of the Commission , or...

Section Funds of Commission Section The funds of the Commission shall include the following— money appropriated by Parliament for the purposes of the Commission ; loans, grants, donations or gifts from sources within or outside Uganda; or such other sums of money as may become payable to the Commission in the discharge of its functions. All the money of the Commission shall be administered and controlled by the Secretary who shall be the accounting officer for purposes of the Public Finance Management Act.

Section Commission to be self-accounting body Section The Commission shall be a self-accounting body and shall deal directly with the Ministry responsible for finance on matters concerning its finances.

Section Commission expenses to be charged on Consolidated Fund Section All the administrative expenses of the Commission including salaries, allowances and pensions payable to persons serving with the Commission shall be a charge on the Consolidated Fund.

Section Financial year Section The financial year of the Commission shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year.

Section Estimates of Commission Section All money to defray the expenses of the Commission in the discharge of its functions or in the carrying out of the purposes of this Act, including the payment of allowances, salaries and pensions payable to or in respect of persons serving with the Commission , shall, without alteration by the Minister responsible for finance, be submitted to Parliament for approval.

Section Accounts and audit Section The Commission shall keep proper books of accounts in respect of its income and expenditure, in a form approved by the Auditor General. The books of accounts of the Commission shall be audited by the Auditor General or by an auditor appointed by the Auditor General within three months after the end of each financial year. The Auditor General or an auditor appointed by the Auditor General shall have access to all books of accounts and other financial records of the Commission and may request for any information and explanation in relation to those books or records. The Auditor General shall, within six months after the end of each financial year, submit to the Minister a copy of the audited accounts of the Commission with his or her report on the account, stating any matter which in his or her opinion has to be brought to the attention of the Minister . The Auditor General shall, within six months after the end of each financial year, submit a copy of the audited accounts and report referred to in subsection (4) to the Commission .

Section Minister to lay report before Parliament Section The Minister shall, as soon as practicable after receiving the audited accounts and reports referred to in section 21(4) , lay them before Parliament .

Section Lodging complaints Section A person may lodge a complaint relating to discrimination , marginalisation or any act which undermines or impairs equal opportunities , with the Commission . A complaint made under subsection (1) shall be in writing and signed by the complainant or complainants. The Commission shall consider or hear the complaint within six months after receipt of the complaint.

Section Reports by Commission Section The Commission may submit a report to the Minister on any matter arising during the course of the performance of its functions under this Act, and shall, when requested to do so, submit a report on any matter to the Minister . The Commission shall publish and disseminate periodic reports on its findings and shall submit an annual report to Parliament on the state of equal opportunities in the country. The annual reports referred to in subsection (2) shall be signed by the Chairperson and addressed to the Speaker of Parliament , with a copy to the President.

Section Representation by counsel Section A person appearing before the Commission may be represented by legal counsel at his or her own expense.

Section Immunity of members of Commission and staff Section A member of the Commission or an employee of the Commission or any other person performing any function of the Commission under the direction of the Commission shall not be personally liable to any civil proceedings for any act done in good faith in the performance of the functions or the exercise of the powers of the Commission under the Act.

Section Immunity of witnesses Section A witness appearing before the Commission shall have the same immunities and privileges as if he or she were a witness before a court of law.

Section Attendance allowance Section A person summoned to appear before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses, such allowance as is payable to a witness appearing before the High Court in criminal proceedings. Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission , such allowances as the Commission may consider reasonable.

Section Appeals Section Any person aggrieved by a settlement, recommendation or order of the Commission may, subject to this Act, appeal to the High Court within thirty days after the settlement, recommendation or order of the Commission is communicated to him or her. The Chief Justice shall make rules of court for regulating appeals under this section.

Section Application of court rules Section Where the rules of procedure of the Commission do not provide for a particular matter before the Commission , the rules applicable to civil or criminal proceedings in a court of law may be applied by the Commission with such modifications as may be necessary.

Section Offences relating to administration of Act Section A person shall not hinder, obstruct, molest or interfere with— A person who— intimidates or coerces, imposes any pecuniary or other penalty upon, or takes any other disciplinary action in relation to another person , by reason that the other person — a member participating in an inquiry or examination under this Act; a person acting on behalf of the Commission , while that person is holding an inquiry or carrying out an investigation under this Act; or a person implementing an order of the Commission . A person , who contravenes subsection (1) , commits an offence and is liable, on conviction, to a fine not exceeding two hundred fifty currency points or to imprisonment for a term not exceeding eighteen months, or both. refuses to employ another person ; dismisses or threatens to prejudice another person in that other person ’s employment; has made, or proposes to make a complaint to the Commission ; has alleged, or proposes to allege, that a person has done an act or engaged in a practice that is inconsistent with or contrary to this Act or impairs equal opportunities ; has furnished, or proposes to furnish, any information...

Section Regulations Section The Minister may, by statutory instrument and in consultation with the Commission , make regulations prescribing any matter required to be prescribed under this Act and for carrying out or giving effect to the provisions of this Act. Any regulations made under this section may prescribe in respect of a contravention of the regulations, or any provision of this Act where no penalty has been prescribed, a fine not exceeding two hundred fifty currency points or imprisonment for a term not exceeding eighteen months, or both; and in the case of a continuing offence, an additional fine not exceeding one hundred currency points in respect of each day on which the offence continues.

Section Power to amend Schedule 1 Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.