Persons with Disabilities Act, 2020

Section Interpretation Section In this Act, unless the context otherwise requires— “ assistive devices ” includes wheelchairs, calipers, crutches, whitecanes, orthopaedic appliances, qualified readers, taped texts, audios, visual and pictorial recordings, braille and tactile equipment 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, resultin...

Section Determination of person with disability Section 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 .

Section Accessibility to buildings Section In subsection (1) “provide appropriate accessibility for persons with disabilities, to the building” means— 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. putting in place accessible and easy to find entrances which are connected to accessible pathways and parking areas; providing safe and accessible toilets, urinals and bathrooms; providing safe and well dimensioned staircases with appropriate railing, accessible elevators; and where necessary, providing ramps. 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. The parking space referred to in subsection (3) shall be marked with a conspicuous sign or the acronym “PWD”. 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...

Section Non-discrimination in provision of transport services Section 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 . 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 . Subject to the Traffic and Road Safety Act , a person with a disability shall not be unreasonably denied a driving licence or his or her right to drive by reason only of his or her disability . A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment for a term not exceeding three months, or both.

Section Non-discrimination in provision of services on commercial basis Section A person who provides services to the public on a commercial basis shall not— A person who provides services to the public on a commercial basis shall make the services available and accessible to persons with disabilities. deny the services to a person with a disability on the basis of the disability ; or deliberately make it impossible or unreasonably difficult for a person with a disability to use the services. 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. An owner or a person in charge of a television station shall provide or cause to be provided sign language insets in all newscasts. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment for a term not exceeding three months, or both. 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. In t...

Section Identification of suspects and accused persons by visually impaired complainants and witnesses Section 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.

Section Affirmative action Section 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. The Minister shall, every two years report to Parliament on measures undertaken for the purposes of subsection (1) .

Section Access to justice, information and training Section The Government shall promote— the development, training and use of sign language, tactile and sign language interpreters, in all public institutions and at all Government functions; the use of information assistive devices and technology; and the provision in Braille, of public information such as Government documents and publications. The Government shall train judicial and law enforcement officers in matters concerning persons with disabilities.

Section Respect and promotion of rights and freedoms of persons with disabilities Section A person with a disability shall enjoy the fundamental and other human rights and freedoms enshrined in the Constitution . 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. 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 .

Section Right to enjoy family life Section 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 child with a disability shall— have sexual and other intimate relationships; equal rights at and in marriage, during marriage and at its dissolution; and 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. 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. enjoy all the rights enshrined in the Children Act on an equal basis as a child without a disability ; and have the right to know and be cared for by his or her parents or guardian. 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. A person who contravenes this section commits an offence and is liable, on conviction, to a fine not exceeding twenty-four currency points or to imprisonment for a term not exceeding one year, or both.

Section Prohibition of inhuman and degrading treatment for persons with disabilities Section A person with a disability shall not without his or her free and informed consent be subjected to— A person with a disability shall not be subjected to any form of torture or cruel or degrading treatment. medical or scientific research; harmful traditional or cultural practices; or forced sterilisation. 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 to imprisonment for a term not exceeding one year, or both.

Section Non-discrimination in provision of education services Section An institution of learning discriminates against a learner with a disability where— An institution of learning that enrols a learner with a disability shall— An institution of learning shall not discriminate against a learner with a disability , on the basis of the disability . 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 . 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; the conditions for admission to the institution of learning exclude the admission of learners with disabilities; the institution of learning denies or limits access of a learner with a disability , to the available facilities and services; the institution of learning expels a learner with a disability , on the basis of the disability ; or the institution of learning subjects the learner with a disability to any unfair treatment, on the basis of the disability . provide an inclusive education...

Section Non-discrimination in provision of health services Section A health unit shall— A health unit discriminates against a person with a disability where— A health unit shall not discriminate against a person with a disability , on the basis of the disability . comply with the requirements of section 10(1) and (2) ; provide wheelchairs and accessible examination tables for persons with disabilities; and provide labour beds for expectant women who are persons with disabilities. on the basis of the disability , the person is denied admission or treatment at the health unit ; the health unit does not comply with the requirements of section 10(1) and (2) and is not accessible by persons with disabilities; or the health unit does not provide accessible labour beds, examination tables or wheelchairs for persons with disabilities. 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. A parent or guardian of a child with a disability , shall ensure that the child receives required immunisation and medical treatment. A...

Section Habilitation and rehabilitation for persons with disabilities Section 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. 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 disabilities.

Section Non-discrimination in employment Section An employer shall— An employer discriminates against a person with a disability where— An employer shall not discriminate against a person with a disability , on the basis of the disability of that person. in any advertisement for a job, where appropriate, encourage persons with disabilities to apply for the job; provide an applicant with a disability who applies for a job, reasonable accommodation necessary to undertake the job interview; and provide an employee with a disability reasonable accommodation in the performance of the job or task. 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; the conditions for applying for the job or the selection criteria exclude applications by persons with disabilities; 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; the remuneration or benefits given to an employee with a disability is less than that given to the other employees who perform similar tasks; on the basis of the disabili...

Section National Council for Persons with Disabilities Section The National Council for Disability 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.

Section Functions of Council Section The Council shall— For the purposes of carrying out its functions under subsection (1) , the Council shall have the power to— monitor the implementation of this Act by Government, agencies of Government, 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, agencies of Government, 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, agencies of Government, non-gover...

Section Management of property registered in names of Uganda Foundation for the Blind Section The property specified in Schedule 5 to this Act, 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 the property shall be applied by the Council for the benefit of persons with disabilities in Uganda. The property shall be transferred to the Council , to be held in trust for persons with disabilities in Uganda.

Section Seal of Council Section 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.

Section Composition of Council Section The Council shall be composed of the following members appointed by the Minister — a representative of each of the following Ministries who shall be ex officio members— the Ministry responsible for local governments; the Ministry responsible for finance; the Ministry responsible for health; the Ministry responsible for education and sports; the Ministry responsible for labour, gender and social development; the Ministry responsible for public service; the Ministry responsible for justice; the Ministry responsible for works, housing and communication ; two persons with disabilities, male and female, from each region nominated by national organisations of persons with disabilities; two persons, male and female, with visual disability ; one parent of a child with a disability appointed by the Minister in consultation with the national organisations of persons with disabilities; a professional with experience in the field of disabilities, appointed by the Minister in consultation with national organisations of persons with disabilities; one representative of the youth with disabilities appointed by the Minister in consultation with the national or...

Section Tenure of office of members of Council Section A member of the Council shall hold office for a period of five years and is eligible for re-appointment for one further term only.

Section Chairperson of Council Section The Chairperson— 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. The Chairperson shall hold office for five years and is eligible for re-appointment for one further term only. may resign his or her office as Chairperson by notice, in writing addressed to the Minister ; or 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 . 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. 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.

Section Remuneration of members of Council Section 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.

Section Meetings of Council Section Schedule 6 to this Act shall have effect with regard to the meetings of the Council .

Section Committees of Council Section The Council may establish such committees as may be necessary for the efficient performance of its functions under this Act. The Council may prescribe the procedure for the meetings of its committees. The Council may delegate any of its function to the committees as it may consider fit and subject to conditions as it may determine.

Section Secretariat and Executive Secretary Section The Council shall have a Secretariat headed by an Executive Secretary who shall be appointed by the Minister on the advice of the Council . 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 the instrument of appointment. The Executive Secretary may, in writing, addressed to the Minister through the Council , resign from office upon giving a one month notice. 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. 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.

Section Functions of Executive Secretary Section Subject to the general control of the Council , the Executive Secretary shall— The Executive Secretary shall be the chief executive and accounting officer of the Council . 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 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.

Section Other staff of Council Section The Council shall have such other employees and officers in the Secretariat as the Council may with the approval of the Minister , determine. 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. 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.

Section Experts and consultants Section The Council may, acting on the advice of the Executive Secretary, engage the services of experts and consultants when necessary. 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 .

Section District Councils for persons with disabilities Section A district council for persons with disabilities shall consist of— 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. the District Community Development Officer as an ex officio member ; the Chief Finance Officer as an ex officio member ; the District Engineer; the District Education Officer as an ex officio member ; the 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 appointed in consultation with the organisations of persons with disabilities in the district or city; 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 serv...

Section Functions of district council for persons with disabilities Section A district council for persons with disabilities shall— 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 programmes 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 wellbeing of persons with disabilities in the district or city.

Section Secretariat and staff of district council for persons with disabilities Section 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. 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. 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.

Section Subcounty councils for persons with disabilities Section A municipal, city division, municipal division, town or subcounty council for persons with disabilities shall consist of— 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. the Community Development Officer responsible for persons with disability , who shall be the secretary; two councillors representing persons with disabilities at that level, who shall be ex officio members; 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 who shall be an ex officio member ; the officer in charge of health services at that level who shall be an ex officio member ; a representative of non-governmental organisations, if any, appointed in consultation with organisations of persons with disabilities at that level; and two persons with disabilities appointed in consultation wi...

Section Functions of subcounty councils for persons with disabilities Section The functions of a municipal, city division, municipal division, town or subcounty council for persons with disabilities are— to coordinate and monitor the implementation of the policies and programmes for persons with disabilities in the subcounty; to promote and advocate for the integration of services for persons with disabilities in the subcounty plan of action; to advocate for the implementation of district and national policies on disability ; to submit reports on the situation of persons with disabilities in the subcounty to the district council for persons with disabilities, twice a year; to perform any other function that will enhance the wellbeing of persons with disabilities in the subcounty; to inquire into any matter that violates the rights of persons with disabilities and non-compliance with laws, regulations, policies or programmes relating to disability and recommend appropriate action to the district council or city council for persons with disabilities for relevant action; and to submit reports to the district council for persons with disabilities, every six months.

Section Remuneration of members of district and subcounty councils for persons with disabilities Section 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 the Local Governments (Financial and Accounting) Regulations. 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 the Local Governments (Financial and Accounting) Regulations.

Section Meetings of district and subcounty councils for persons with disabilities Section The lower councils for persons with disabilities shall meet at least once in four months for the discharge of their functions. Each lower council for persons with disabilities shall determine the procedure for its meetings.

Section Funds of Council Section The funds of the Council shall consist of— money 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, with the approval of the Minister responsible for finance. All income and money 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 .

Section Estimates of income and expenditure Section The Council shall within three months before the end of each inancial 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. No expenditure shall be made out of the funds of the Council unless the expenditure is approved by the Council .

Section Financial year Section The financial year of the Council 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 Accounts Section 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— The Council shall keep proper books of accounts and records of the income and expenditure of the Council . the financial statements of the Council ; and any other information in respect of the financial affairs of the Council , as the Minister responsible for finance, may require.

Section Audit Section The Auditor General or an auditor appointed by the Auditor General shall in respect of each financial year audit the accounts of the Council . 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 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. 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 the audited accounts, stating any matter which in his or her opinion should be brought to the attention of the Minister . The Auditor General shall also deliver to the Minister a copy of the audited accounts together with his or her report on the audited accounts.

Section Compliance with Public Finance Management Act Section The Council shall comply with the Public Finance Management Act.

Section Election of representatives Section 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. 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.

Section Candidates for elections Section 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 organisation or a political party or where the person stands for elections as an independent candidate.

Section Protection of members of Council from civil action Section 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.

Section Reports of Council Section 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. The Minister shall submit the report to Parliament for discussion.

Section Regulations Section The Minister may, by statutory instrument, in consultation with the Council , make regulations for better carrying into effect the provisions of this Act.

Section Power to amend Schedules Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedules 1 and 5 to this Act. The Minister may, by statutory instrument, on the recommendation of the Council , amend Schedules 2, 3, 4, 6 and 7 to this Act.