A Gender-analysis of the Equal Opportunities Commission Act 2007 and the Equal Opportunities Policy 2006

A Gender-analysis of the Equal Opportunities

Commission Act 2007 and the Equal Opportunities Policy

2006

Ministry of Foreign Affairs of theNetherlands

VISION:

A just society where gender equality is a reality.

MISSION:

To empower women and influence legislation and policy for

gender equality in Uganda.

CORE VALUES:

• Integrity

• Commitment

• Learning

• Volunteerisn

• Respect

• Teamwork

CORE PURPOSE:

Advocacy for gender equality and equity

A gender analysis of the EOC Act 2007 & the Equal Opportunities Policy 2006 i

This project is funded by the Government of the Kingdom of Netherlands; in partnership with Diakonia.

This publication has been produced with financial assistance from the Government of the Kingdom of Netherlands and Diakonia Sweden. The contents of this publication are the sole responsibility of Action for Development (ACFODE).

Contact:Action For DevelopmentP.O.Box 16729, KampalaTel: +256 414 531812www.acfode.orgacfode.blogspot.com

Responsible for publicationExecutive Director: Regina Bafaki

Authors:© Action For Development 2013

All rights reserved. Reproduction of all or selected portions of this publication for educational or other non-commercial purposes is authorised without prior written permission from the copyright holder provided the source is fully acknowledged and any alterations to its integrity are indicated.

Reproduction of the publication for sale or other commercial purposes is prohibited without prior written consent of the copyright holder.

The contents of this publication can under no circumstances be regarded as reflecting the position of the Netherlands Government – Ministry of Foreign Affairs and Diakonia Sweden.

A gender analysis of the EOC Act 2007 & the Equal Opportunities Policy 2006ii

A Gender-analysis of the Equal Opportunities

Commission Act 2007 and the Equal Opportunities

Policy 2006

Design Layout and Print by:Hatch ConceptsEmail: [email protected]

1A gender analysis of the EOC Act 2007 & the Equal Opportunities Policy 2006

FOREWORD

Action for Development (ACFODE) employs several strategies for promoting gender equality and good governance in Uganda that include advocacy for policy formulation and implementation, research, and information dissemination among others. With liberal support from the Netherlands Government and Diakonia - Sida, the organization has so far been successful in fulfilling this mandate.

ACFODE effectively advocated for the enactment of the Equal Opportunities Commission Act (EOCA) 2007, a gender sensitive policy that was passed with the goal of redressing socio-economic imbalances that marginalize minority groups on the basis of gender, age, disability or any other reason.

However, despite the passing of this important legislation and the establishment of the Equal Opportunities Commission in 2010, women continue to remain in the lower ranks regarding economic margins, earning less than 20% of accrued profits despite the fact that they provide over 80% of labour input in household and agriculture. In addition, the Universal Primary and Secondary Education Program is still burdened with the high school dropout rates of girl children.

Through a gender gap analysis of Uganda’s EOCA 2007, ACFODE has been able to establish the nature, magnitude and impact of societal gender inequalities. The analysis has also helped us to establish the inevitable link between easy access to services/resources and effective service delivery.

Furthermore, the outstanding gaps in the implementation of the EOCA, especially in terms of provision of Sexual and Reproductive Health Rights (SRHR) for Ugandan women need to be addressed in the implementation of government programs throughout the country.

This booklet has therefore been produced to ensure that the existing Act can be effectively used to fulfill its goals.

It is our sincere wish that you enjoy reading it and join in the struggle to address the different discrimination tendencies in Uganda.

Regina BafakiExecutive Director

2 A gender analysis of the EOC Act 2007 & the Equal Opportunities Policy 2006

TABLE OF CONTENTS

Acronyms 31.0 Background 41.1 Gender analysis of the EOC Act 52.0 The EOC Act and its perceived limitations, mode of appointment/ composition of 42.1 Challenging the Powers of the Commission 52.2 Claw back sections of the EOC Act 53.0 Gender equality in Labour Legislations and indicative gaps for Equal 84.0 ACFODE and promotion of gender equality 95.0 Policy and legal implications 106.0 Existing government Machinery in relation to equal opportunities 117.0 ACFODE recommendations in view of the gaps identified 128.0 Gender Gaps within the Equal Opportunities Policy 2006 138.1 Background 138.2 ACFODE and the concern for equal opportunities 139.0 Level of Denial of Opportunities 1410.0 General comments on the National Equal Opportunities Policy 2006 1510.1 Generic observations on the EOP 1611.0 Gender and Income Poverty in the eyes of impressive policies 1612.0 Access to Justice 1713.0 Gender equality in Education: Enrolment and Retention of girl child 1814.0 Gender, health and maternal mortality 1915.0 Gender equality challenges and inequity in property ownership 2016.0 HIV/AIDS and the gender equality challenge 2117.0 Voice, accountability and participation in Public Life and Decision Making 22APPENDIX 1: REFERENCES 23


ACRONYMS

ACFODE: Action for DevelopmentCEDAW: Convention on Elimination of all forms of Discrimination against WomenCRC: Convention of the Rights of ChildCSOs: Civil Society OrganisationsDEVAW: Declaration on Elimination of Violence Against WomenEOC: Equal Opportunities CommissionEOP: Equal Opportunities PolicyESIP: Education Strategic Investment PlanGBV: Gender Based ViolenceHSSIP: Health Sector Strategy and Investment PlanICPD: International Conference on Population and DevelopmentICGLR: International Conference on Great Lakes Region IEC: Information Education and CommunicationJLOS: Justice Law and Order SectorMGLSD: Ministry of Gender Labour and Social DevelopmentNDP: National Development PlanPMA: Plan for Modernisation of AgriculturePWDs: Persons with DisabilitiesNAPW: National Action Plan on WomenUBOS: Uganda Bureau of StatisticsUDHS: Uganda Demographic and Health SurveyUN: United NationsUPE: Universal Primary EducationUSE: Universal Secondary EducationSDIP: Sector Development Investment Plan


1.0 Background

1.1 Gender analysis of the EOC ActThe Uganda Constitution 1995 as amended confers on the Government of Uganda an obligation to realise gender equality and equal access of all people to opportunities in the political, economic and social sectors of society. The Constitution of Uganda reflects this as a matter of objectives of State policy and directive. Objectives, X1, XV and XVI of the Constitution enjoin the recognition of the highest priority in the enactment of legislation establishing measures that protect and enhance the right of the people to equal opportunities in development, the “role of women in society” and the right of persons with disabilities to respect and human dignity” respectively.

With regard to rights, article 21 of the Constitution sets out an internationally recognised right to equality by which all persons are “equal before the law in all spheres of economic, social and cultural life” and freedom from discrimination by which a “person shall not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed or religion, or social or economic standing political opinion or disability, (emphasis is here added on to “disability”). There is further, under article 40, the economic rights requiring enactment of legislation to ensure equal payment for equal work of equal value without discrimination”Apart from the general objectives of State policy and non-discrimination provisions, the Constitution contains specific provisions on equal opportunities and equality. These can be identified as follows:_

i) Article 33 on the rights of women, in particular to “full and equal dignity of the person with men” (para 1); and “equal treatment with men” (to “include equal opportunities in political, economic and social activities”) (para. 4). The article further requires the state to provide the “facilities and opportunities necessary to enhance the welfare of women” (para. 2) and the protection of “women and their rights” (para. 3)

The Constitution further provides for the right of traditionally “marginalised groups to affirmative action in their favour which, conceived in the corollary, is the duty of the State. These traditionally marginalised groups are defined under article 32, (1), of the constitution which provides that:

Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which may exist against them.

This article would only be rendered of effect if Article 32(2) was fully effectuated. This Article states that ‘Parliament shall make relevant laws for establishment of an Equal Opportunities Commission for the purpose of giving full effect to clause (1) of this article.

The Uganda

Constitution 1995 as amended confers on the

Government of Uganda an obligation to realise gender

equality and equal access of all people to opportunities in the political, economic

and social sectors of society.


2.0 The EOC Act and its perceived limitations, mode of appointment and composition of the Commission-mode of appointment , composition then limitations

According to Section 2 of the EOC Act, there is established a Commission called the Equal Opportunities Commission. This section serves to implement Article 32 as earlier observed.

Section 3 of the EOC Act clearly stipulates that this Commission shall be independent and shall not be subject to the direction or control of any person or authority. This section is more or less a play ground from which the government has enjoyed the match. From 2007, when the Commission was to be operational, the government has denied the Commission a separate vote regarding its resources hence subjected it to the control under the Ministry of Gender Labour and Social development. The Commission gets its wage and non-wage subvention from the Ministry, making it voiceless, in clear contravention of the Act. Even then, the Commission is supposed to look at various Ministry budgets, plans, projects so as to ensure equal opportunities and gender equality. This cannot be undertaken under the prevailing suffocating circumstances.

To make matters worse, the Commission to date has not been fully constituted by the government, which is a big blow to its mandate and legal and policy rollout campaign. This limits the out-reach capacity of the Commission.

It is proposed that the method of appointment of the Members of the Commission should be subject to public vetting. Members of the public and civil society should

participate in the public vetting of the Commission Members. This will improve its acceptability, autonomy and efficiency.

“The same Commission appointed by the President cannot effectively check the powers of the executive or challenge the same. Eventually, since Parliament also determines and vets the Members, the Commission will find it a challenge to take head-on the issues of gender inequality when they arise out of one of the Members of Parliament on a committee which the EOC reports for resources. There is therefore need for public vetting of the the members of the EOC. The law requires amendments to address this challenge.”

In 2007 government passed the Equal Opportunities Commission Act. After spending more than a decade as an Article, government shelved the

newly passed Act until 2011 when the Equal Opportunities Commission was established. The slow pace in establishing this institution negates the perceived

government role in promoting gender equality in Uganda. It is therefore necessary to examine the government good will in establishing this institution.

The EOC Act is supposed to ensure that affirmative action as stated in Article 33, para 5

It is proposed

that the method of appointment of the

Members of the Commission should be subject to public

vetting. Members of the public and civil society should

participate in the public vetting of the Commission

Members. This will improve its acceptability, autonomy

and efficiency.


focuses on among other groups of people women so as “to redress imbalances created by history, tradition or custom”. There have been efforts over the years to bridge gender-relations as part of State policy on “affirmative action” albeit with practical challenges. The actual and tangible commitment from government is still lacking through the eyes of the EOC Act. The EOC Act has no provision for self-driven mandatory evaluation of gender equality and affirmative action policies. This gender equality gap leaves players including government entities to implement the policies as they so wish.

A close look indicates that, if the EOC Act had vested the responsibility of submitting regular gender equality returns from all the entities in the private sector, government agencies, authorities, parastatals, CSOs, Church/faith based institution as well as cultural institutions, issues of gender equality would have been taken more seriously by all Ugandans. For instance the additional 1.5 points for female entrants to government Universities (permitted positive discrimination) cannot easily be taken on by the private Universities and institutions of higher learning. Moreover, the private institutions are now admitting more students than government supported institutions. There is no provision under the EOC Act that provides for the submission of affirmative action returns/gender equality returns to the Commission. On the other hand while creating women voice entry points, the Constitution under article 78 (1) (b) provides for women’s Member of Parliament from every District, and under article 78 (1) (c), representatives in the Parliament of, among others, disabled persons. Furthermore, article 180 (2) (b) provides for mandatory percentage of women participation in local government councils with one-third (1/3) of the membership to be filled by women.

2.1 Challenging the Powers of the CommissionThe power of Parliament under article 180 (2) (b) to make law to provide for affirmative action for all groups in accordance with article 32 is seen in the Local Government Act provisions on women membership in local councils. However, whereas under the above Article, the Local governments are supposed to implement equal opportunities and affirmative action as provided in Article 32, the EOC Act and Commission are not clearly stipulated. It therefore occurs that local governments have interpreted this Constitutional Article as not mandatory. The EOC Act is therefore challenged to enforce compliance by Local governments with this Article

Section 14 of the EOC Act mandates the Commission to audit, monitor, and evaluate policies, plans, programs, activities, practices, traditions, cultures to ensure that they are compliant with equal opportunities. The section does not extrapolate how gender equality plays an important role in all the stated areas. This leaves gender equality issues in the hands of the members or staff of the Commission thus subject to individual or personal influence.

There have been

efforts over the years to bridge gender-relations as part of State policy on

“affirmative action” albeit with practical challenges. The actual

and tangible commitment from government is still

lacking through the eyes of the EOC Act.


The EOC Act 2007 is not so much enabled to enforce other laws on gender equality. The Domestic Violence Act for instance does not clearly relate to the Commission since the Domestic Violence Act categorises the gender based violence as criminal yet it is propagated by and large, by gender inequality. The other laws include Anti-Trafficking in Humans Act as well as the shelved Marriage and Divorce Bill. The other existing laws include the Succession Act that deals with the plight of women in accessing property from deceased spouses or husbands

Section 14 of the EOC Act stipulates that the Commissions powers stretch to among others, evaluation of laws, policies, plans, projects as well as practices as to ensure compliance with equal opportunities. The provision is short of mentioning the vetting of BILLS of parliament before being passed into law as to ensure integration of gender equality concerns. The Commission can therefore not intercept any gender insensitive bill by nature of this set up but can only review the passed law. The commission would mandatorily have to issue a certificate of gender equality to every draft bill if this concern had not been negated. This gap remains lingering and over the head of the Commission.

2.2 Claw back sections of the EOC ActSection 15(6)(d) of the Act stipulates that the Commission shall not investigate any matter involving behaviour which is considered to be;• Immoralandsociallyharmful,or• UnacceptablebythemajorityoftheculturalandsocialcommunitiesinUgandaThe possible challenge by this limiting section is that issues such as wife beating, domestic violence, female genital mutilation, spousal sexual consent or ’marriage rape’ and sexual violence would pass this test as acceptable by the majority of the social and cultural institutions given the chauvinistic and patriarchal nature of Ugandan society. This lack of

a sensitive gender lens renders the Commission subject to twisting and political manipulations hence defeating the actual spirit and intent of the Law.

The EOC Act is supposed to enforce gender equity budget call guidelines which are circulated by the Ministry of Finance planning and Economic Development to all government sectors at the time of budget calls. In essence, the sectors are supposed to comply with this circular. This seeming opportunity appears insurmountable since the same Ministry of Finance has not provided adequate resources for the functioning of the Commission.

Section 17 of the EOC Act provides for the Commission as a self-accounting body which shall deal directly with the Ministry in-charge

of finance. Two years after its establishment, this has not materialised as the Commission instead deals with the Ministry of Gender Labour &

Social Development. This inability to independently deal with the Ministry of Finance has compromised the enforcement of gender equality provisions and guidelines as circulated through budget calls.

Section 17 of the EOC

Act provides for the Commission as a self-

accounting body which shall deal directly with the Ministry

in-charge of finance. Two years after its establishment, this has not materialised as the Commission instead deals with the Ministry of Gender

Labour & Social Development.


3.0 Gender equality in Labour Legislations and indicative gaps for Equal Opportunities Commission Act

The existing labour legislations such as, Employment Act 2006, provides conditions for the employment of categories of persons, in particular, women and children. However, the law contains no specific provisions relating to equal opportunities in the labour market to promote equality of opportunities for women. Section 39 of the Employment Act 2006 provides for maternity leave, sick leave and paternity leave. However, the EOC Act does not provide a clear framework on how the Commission may enforce the denial of such fundamental rights as compassionate and paternity leave.

In the same spirit, the women workers in the agricultural sector who form over 80% of labour benefit less if any from their hard labour. This form of Women slavery is not taken care of by way of Compensation in any policy or legal framework. Whereas the EOC Act deals with redressing imbalances caused by history, culture or any other attribute, it does not take care of lost labour or reparations as a result of slavery.

Domestic chores and labour should be paid for by men who spend most of their time wasting the women’s earnings. In the eyes of the Law, there is need for equitable treatment of women at the world of work. The voice of a woman collapses at the house hold level disempowerment. The EOC Act, as it may be noted, addresses certain matters that are of concern; however, it also has certain shortcomings. The concerns can be identified as the following:

(i) Promotion of “equality of opportunity” as to eliminate discrimination in employment. Most expectant mothers are denied jobs due to pregnancy.

(ii) Protection of rights of female migrant workers and their families (iii) Equal pay (remuneration) for men and women for work of equal value

GRB initiatives seek

to create enabling policy frameworks, build capacity and strengthen

monitoring mechanisms to support accountability to women.

The need to understand and apply GRB is the mandate of governments,

non-governmental organizations, parliaments and academicians. Understanding GRB enables the various actors to ensure that it

is made part and parcel of planning processes.


4.0 ACFODE and promotion of gender equality

ACFODE is aware that there are a wide-ranging number of treaties and conventions, both at international level (in particular United Nations and its agencies) and regional level (Africa, through which lessons can be drawn from the European experience) on the various aspects to ensure gender equality. The Conventions in question address the subject of equal opportunity as a matter of either human right or social policy or both that the States party might seek to achieve and, therefore, the language of the provisions of the 1995 Constitution reflects the spirit of most of these conventions. The particular Conventions that address the specific aspects of equal opportunities and gender equality can be identified as follows.

• AfricanCharteronHumanandPeople’sRights,art.2(enjoymentofrightsandfreedomswithout discrimination)

• CharteroftheUnitedNations,1945:art.1(3)and55(c)• ConventionagainstDiscriminationinEducation,1960,429UNTS93:ARTS.1-111• ConventionontheEliminationofAllFormsofDiscriminationagainstWomen,3Sept.1979:

arts. 1-2 (general); art. 7 (public life and decision & policy-making); art. 9 (nationality); art. 10 (education); art.11 (labour)

• ConventiononthePoliticalRightsofWomen,31Mar.1953,193UNTS135:art.1(voteinelections); art. II (election to public bodies); art. III (hold public office)

• ConventionontheRightsoftheChild,20Nov.1989,UNDoc.A/44/25:arts.2(9)and28(education).

• DeclarationontheEliminationofAllFormsofIntoleranceandofDiscriminationbasedonReligion or Belief, 1981, GA Res. 36/55.25 Nov. 1981 (non-discrimination on grounds of religion or belief)

• Discrimination(EmploymentandOccupation)Convention,25June1958,362UNTS31:arts. 1,2

• Discrimination(EmploymentandOccupation)Recommendation,25June1958:art.1(1)• InternationalConventionontheProtectionoftheRightsofAllMigrantWorkersandTheir

Families, 1990: art. 7• InternationalCovenantonEconomic,SocialandCulturalRights,16Dec.1966;art.3(equal

rights of men and women to enjoy all economic, social and cultural rights); art. 13 (2) (education)

• InternationalCovenantonCivilandPoliticalRights,16Dec.1966:art2(1);art.3(equalrights of men and women to enjoy all civil and political rights); art. 4 (non-discrimination in claw-back clauses); art. 26 (protection of the laws that protect women)

• UniversalDeclarationofHumanRights,10December1948,UNDoc.A/811:arts.1,2• ConventionconcerningEqualRemunerationforMenandWomenWorkersforworkof

Equal Value, 1951, 165 UNITS 304:art 1• ConventionontheEliminationofAllformsofdiscriminationagainstwomen,3September

1979, art.4 (temporary special measures to accelerate de facto equality between men and women not considered as discrimination)


5.0 Policy and legal implications

There are implications of the foregoing conventions in particular those which Uganda has ratified and acceded to. The EOC Act must measure up to these and other standards. There is an obligation for Uganda to tailor its national legislation to conform to the standards imposed or required under these conventions. An example may be drawn from the Convention on the Elimination of all forms of discrimination against women (ratified by Uganda in 1985) which provides under article 2 that states parties would undertake:

a) To embody the principle of equality of men and women in their national constitutions or other appropriate legislation if not yet incorporated therein and to ensure, through law and other appropriate means, the practical realisation of this principle;

ACFODE contends that the word “practical realisation” should in the affirmative; translate into practical realities of implementing gender equality. The lack of goodwill to support the Commission down plays its relevancy, strength and mandate. b) To take all appropriate measures, including legislation, to modify or abolish existing

laws, regulations, customs and practices which constitute discrimination against women;

Further, the conception of state policy of undertaking international obligations with respect to treaties acceded to and ratified is underpinned by Objective XI , XXVIII of the Constitution which provides that the state shall give the highest priority to the enactment of legislation establishing measures that protect and enhance the right of the people to equal opportunities in development, and the foreign policy ‘shall be based on the principles of respect for international law and treaty obligations respectively.


6.0 Existing government Machinery in relation to equal opportunities

It is worth noting that the government has demonstrated commitment to address the issue of equal opportunities, especially in as much as it affects vulnerable groups. This is evident in its commitment to implement the Millennium Development Goals. Uganda is party to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It has also ratified other international conventions relating to some of the vulnerable groups like the children, the aged and the persons with disabilities.

By ratifying these Conventions, Uganda has committed itself to eliminate discrimination against these groups, observe the principle of equality in treating all its citizens and more specifically implement a policy of affirmative action in favour of women, PWDs, PLHA’s ethnic minorities, the unemployed, IDPs, Refugees, geographically marginalized, Aged, culturally discriminated, politically marginalized, as well as the poorest of the poor.

In 1995, Uganda joined other UN nations and adopted the Beijing Plat Form of Action. One of the critical areas of concern is Poverty and Income Generation. Uganda in 1995 adopted a National Plan for Action on Women (NAPW) and also took up four critical areas

of concern to be addressed in the financial years 1999 – 2000, 2003 – 2004, 2006-2007 and that of 2011/12. Poverty, Income Generation and Economic

Empowerment were identified as some of the critical areas. Under the poverty area was to create a regulatory mechanism to promote

gender equality and women’s economic empowerment.

It is also clear that the Plan for the Modernization of Agriculture (PMA), the Education Sector Strategic Action Plan, the Health Policy and the Water Sector Policy all recognize the disadvantaged position of vulnerable groups i.e. women, children persons with disabilities and have made provisions for the consideration of these

groups.

In 1995, Uganda

joined other UN nations and adopted the Beijing Plat Form of Action. One of the critical areas of

concern is Poverty and Income Generation. Uganda in 1995

adopted a National Plan for Action on Women (NAPW) and also took up four critical areas of concern to be addressed in the financial

years 1999 – 2000, 2003 – 2004, 2006-2007 and

that of 2011/12.


7.0 ACFODE RECOMMENDATIONS IN VIEW OF THE GAPS IDENTIFIED

• ReviewoftheEOCActtoensureintegrationofthemandatetovetgenderinsensitivebills and legislations.

• ReviewSection15oftheActtoensureprotectionofthoseperceivedbythemajorityof social/cultural members of society as “unwanted”. These deserve equal protection under the Law.

• GovernmentshouldimmediatelyconsiderthegrantingofanindependentvotetotheCommission so as to enable and not disable it function independently.

• Section2oftheEOCActonappointmentofMembersoftheCommissionshouldbeamended so as to open the vetting of members to the public and civil society. This will ensure quality service and citizen/voice accountability.

• TheEOCActshouldbeamendedtoensurethatallagencies,governmentparastatals,authorities, organs of the state, private enterprises, civil societies, cultural and faith-based institutions submit regular annual reports/returns on gender equality to the Commission. This will move gender equality to a higher level.

• TheCommissionshouldbeproactiveinitsapproachregardinggenderequityandequality. A specialised directorate on gender equality should be established at the Commission. This is so far lacking in the Law. The provisions on staffing are general. There is a likelihood of missing out on these key resource persons at the Commission to address issues of gender.

• TheCommissionshouldunpackitsmandateandenforceGenderBudgetCircularcallissued by the Ministry of Finance to all government entities for compliance.

• TheCommissionshouldoparationalisethetribunalandhandlegenderdiscriminatorypractices and issues. Without this tribunal, gender equality and equity enforcement will remain elusive hence a disservice to Women and men of this Country. The tribunal should employ a gender equality legal clerk to advise and handle gender specific issues within the set up of the Commission.


8.0 GENDER GAPS WITHIN THE EQUAL OPPORTUNITIES POLICY 2006

8.1 BackgroundThe Constitution of the Republic of Uganda stipulates that certain groups in the society are marginalized and discriminated against on the basis of gender, age, disability or other reasons created by history, tradition, custom or any attribute. It also provides for the establishment of the Equal Opportunities Commission under Article.32 (3) The emphasis on equal opportunities is based on the recognition that given the same conditions and opportunities, all persons, irrespective of their social, economic, cultural or political backgrounds, can perform to the maximum of their potential. Promoting equal opportunities for all persons is therefore important for ensuring balanced and equitable development in Uganda, The National Equal Opportunities Policy aims at promoting equality of opportunities for all persons in Uganda, irrespective of gender, age, physical ability, health status or geographical location, in all activities, programmes, plans and policies of Government, private sector and Non Governmental Organizations in all spheres of social, economic, political and civil life.

This policy is intended to guide and direct planning processes, resource allocation and implementation of activities. This policy came into effect in 2006. The review period as outlined is supposed to be after five years of its implementation. It should therefore be noted that the policy is long overdue for review. This should be brought to the attention of the government and specifically to the Ministry of Gender Labour & Social Development. The statistical information and analysis therein, is of 2006 Uganda Demographic House Hold Surveys (UDHHS) as per Uganda Bureau of Statistics (UBOS). Currently there is new statistics and indicators of house hold poverty of 2011/12 (UDHHS). The situation has therefore changed thus there is need for policy review.

8.2 ACFODE and the concern for Equal opportunitiesEqual opportunities deal with issues and concerns of marginalisation, discrimination, injustice, exclusion, unfairness and inequality in access to resources, services and benefits. Promoting equal opportunities is therefore not only about adopting measures directed at marginalized groups but also actualizing fairer roles for all. It involves not only making programmes and resources more accessible to the marginalized groups, but also reviewing and refocusing the policy and legal framework. This entails re-orienting the analytical and organizational abilities of government institutions, non-governmental agencies and the private sector, in order to introduce a balanced relationship among the different members of society in all areas for sustainable development.

ACFODE is concerned that the casting of this wide net for all the marginalised groups has only served well in policy rhetoric but remains a challenge for gender equality. Despite the implementation of this policy through its Action Plan, there remains glaring gaps of inequality between men and women. Women remain at the lower margin of property ownership in Uganda, they remain in household bonded labour providing over 80% of labour input at household and agriculture while accessing less than 20% of the accrued profits from their labour input. Women only have access but not control to resources. The girl child enrolment and retention in the education sector remain the biggest challenge for Universal primary and secondary education.


9.0 Level of Denial of Opportunities

Issues of equal opportunities affect the marginalized groups at individual, household, community and state levels. Women at household level are denied various opportunities in terms of; access, control and benefit from resources and services. At the Community level, marginalised groups are denied access to services and resources, participation and involvement in decision-making in the development process. At the state level, people are marginalised through omissions in policy and legal instruments.

Table 1 below from the Equal Opportunities Policy lists some of the main vulnerable groups in Uganda as identified in 2006 by the UDHHS by UBOS. It is important to note that a single individual especially women can belong to several vulnerable groups. This is because of the composite nature of vulnerability.

In Uganda vulnerable groups are categorized as follows:The Vulnerability exists at different levels and manifests itself through discrimination, injustice, unfairness and inequality. The current poverty reduction strategies and policy interventions do not adequately address these manifestations.

Paradoxically the National Development Plan (NDP) as developed by the National Planning Authority does not comprehensively address the plight of the above marginalised groups. The NDP bears wider macro-economic approaches like providing infrastructure but does little to harmonise with the EOP on how to increase income for the poor men and women. In the end, the policy remains a large paper tiger against the inequitable glaring gaps in incomes between the rich and the poor.

Conflict related Demographic categories Poverty related

•Refugees•Internallydisplaced

Persons•Warorphans•Abductees•Householdsliving

near conflict zones.

•Asset-lesswidowsand widowers

•Orphansandabandonedchildren

•Femaleheadedhouseholds•Childheadedhouseholds•Peoplewithdisabilities[PWD]•Thechronicallysick•HIV/AIDSinfectedand

affected persons.•survivorsofdomesticviolence•Ethnicminorities•Streetchildren

•Urbanandruralpoor•Urbanunemployed`•Lowpaidworkers•Informalsectorworkers•Beggars•Squatters•Landless•Nomadicpastoralists•Peasants•Plantationworkers•UnemployedYouth


10.0 General comments on the National Equal Opportunities Policy 2006

A policy is defined as a ‘plan of action or a statement of aims and ideals made by a government’ . Therefore, the Equal Opportunities Policy should ideally articulate a plan of action and framework for which the law will provide the legal principles, penalties, sanctions, incentives and enforcement machinery. The word ‘law’ in its generic sense is a body of rules of action or conduct prescribed by controlling authority, and having the binding legal force.

10.1 Generic observations on the EOPa) The Equal Opportunities Policy could be perceived as a vehicle to interalia

operationalize or give full effect to affirmative action. b) Parliament is mandated to make laws for the purpose of giving full effect to affirmative

action in favor of marginalized groups (Art. 32). These laws are preceded by a policy, which policy should articulate a plan of action for the implementation of the policy. Funding of the Equal Opportunities policy action plan should go hand in hand with the funding of the Commission. This is not the case as the policy is not

funded.c) The Situational Analysis in the policy takes up 18 pages and

the actual policy only takes up 13 pages. This needs review since the policy was due for review by 2011

d) The situational analysis does not cover all the marginalized groups articulated in articles 21 and 32 of the Constitution. The Constitution provides that marginalized groups include those discriminated against on the basis of sex, race, color, ethnic origin, tribe, birth, creed or religion, or social or economic standing, political opinion or disability, gender, age, disability or any other reason created by history, tradition or custom. The situation

analysis does not cover race, color, ethnic origin, tribe, birth, creed or religion, political opinion, age (elderly,

youth, children), or make reference to the Persons with Disability Policy.

e) The situational analysis quotes facts and figures of 2006 UDHHS. This has since expired since there is recent data/

statistics on UDHHS of 2011/12 from UBOS. There is need to update the information in order to take into account the Constitutional (incomplete)

f) The part on Policy and Legal Framework (2.7) needs to be re-organized in order to clearly articulate the International Legal Framework, the national Framework and the relevant policies.

g) Reference should also be made to the National Planning Authority Act, where in the EOC is affiliated as ex-officio members.

A policy is defined

as a ‘plan of action or a statement of aims and

ideals made by a government’ . Therefore, the Equal Opportunities

Policy should ideally articulate a plan of action and framework for which the

law will provide the legal principles, penalties, sanctions, incentives and enforcement machinery. The word ‘law’ in its generic sense is a body

of rules of action or conduct prescribed by controlling authority, and having the

binding legal force.


11.0 Gender and Income Poverty in the eyes of impressive policies

Women poverty and vulnerability are not new concepts. Poverty is multi sectoral in nature and describes a low level of income and consumption. Vulnerability refers to risk of falling into poverty. Other forms of poverty include inability to meet the basic necessities of life, poor access to and quality of social services, helplessness and lack of social support systems, isolation as well as lack of voice. Poverty prevents the enjoyment of basic necessities of life, access to resources and services.

Marginalised groups need equal opportunities in access to services, control and utilization of resources and participation in the development process for sustainable eradication of poverty and vulnerability. The EOP needs to be reviewed to match the changing realities on the ground.

Vulnerability refers to risk of

falling into poverty. Other forms of poverty

include inability to meet the basic necessities of life, poor access and quality of social

services, helplessness and lack of social support systems, isolation as well as lack of voice. Poverty

prevents the enjoyment of basic necessities of life,

access to resources and services.


12.0 Access to Justice

The creation of Justice Centres by the Justice Law and Order Sector (JLOS) did not consider the EOP guidelines regarding affirmative

action. Access to justice is crucial for the promotion of equal opportunities among men and importantly, women.

However, despite the progressive legal framework entrenched in the Constitution, discrimination, inequality, marginalization and violation of rights among marginalized groups, still manifest themselves in practice.

The same denial exacerbates domestic and gender-based violence. This is because of low self-esteem as well as physical, technical and financial barriers in

accessing justice by the vulnerable groups. Grievances of vulnerable groups especially women, often remain

unreported and many existing cases are not prosecuted due to weaknesses both within the laws and through

administrative practice. Crimes such as rape, defilement and indecent assault are more prevalent in conditions of increased

vulnerability and conflict.

Equal opportunity gender concerns by ACFODE in access to justice include• Costsofadministrationofjusticeforwomen;• Physicalaccesstojusticeinstitutionsbywomenandmen;• DiscriminatorylawsthatshouldbereviewedbytheEOC;• Civicandlegaleducationandlivelihoodempowerment;• Customarylawasitrelatestopropertyownershipandgenderbasedviolence.

The same denial

exacerbates domestic and gender-based

violence. This is because of low self-esteem as well as physical,

technical and financial barriers in accessing justice by the vulnerable groups. Grievances of vulnerable groups especially women, often remain unreported and many

existing cases are not prosecuted due to weaknesses both within

the laws and through administrative practice.


13.0 Gender equality in Education: Enrolment and Retention of girl child

The Constitution of Uganda guarantees equal opportunity to education for all. Consequently, Government is implementing the Education Strategic Investment Plan (ESIP 2) whose main priority is Universal Primary Education (UPE) and Universal Secondary Education (USE). In addition to these, Government efforts are focusing on enhancing vocational and tertiary education as well as Functional Adult Literacy (FAL). At primary education level, net enrolment has more than tripled from 2.3 million children in 1996 to 7.5 million in 2004 posting a net enrolment ratio of 86%. Gender parity has been attained with 85% for boys and 86% for girls. Since then structural challenges have set in that need to be addressed by the EOP.

Enrolment is strongly linked to income and geographical variations, with children in poor and vulnerable households less likely to enrol in school. The recent National Household Survey 2011/2012 revealed that, despite UPE, parents reported that the majority of children dropping out of school is due to financial reasons. Also access to education in many parts of the country is elusive, especially among the post conflict, demographic and poverty related categories of vulnerable groups. Contributing factors include hidden costs like sanitary towels for girls, sexual harassment and violence by teachers against girls, assistive devices and services for persons with disabilities, early marriages and pregnancies, economic choices of parents as well as negative attitude towards education of vulnerable children such as those with disabilities, by parents, caregivers, communities and society.

The high drop-out rates of girl child continues through secondary school to tertiary education level. In Uganda, 17% of the population aged 15 years and above, have never had formal schooling. The proportion is higher for rural areas, than for urban areas, and among females 24% than males, 10%.

The key EOP gender policy issues include• ProvisionoffreesanitarypadsandwaretothegirlchildunderUPE• ProvisionofandsubmissionofgenderdisaggregateddataongirlchildtotheEOC

by the Ministry of education on annual or regular basis• Affirmativeactionforhardtoreachareasongirlchildenrolmentandretentionin

UPE and USE• CreationofGenderEqualityFundtobridgethegapsineducation• Reviewofaffirmativeactionintertiaryinstitutionstoensure1.5pointsongirlchild

is also applied in private educational institutions

The high drop-

out rates of girl child continues through

secondary school to tertiary education level. In Uganda,

17% of the population aged 15 years and above, have never had formal schooling. The proportion

is higher for rural areas, than for urban areas, and among females 24% than males, 10%.


14.0 Gender, health and maternal mortality

The Constitution of Uganda enjoins the state to ensure that all Ugandans enjoy access to health services. Health refers to a state of complete physical, mental and social

well-being, not merely absence of disease.

Government, through Ministry of Health has been implementing the Health Sector Strategic Investment Plan (HSSP 2). The HSSP aims

at improving access of the population of the Minimum Health Care Package (MHCP), improving the quality of the MHCP and reducing inequalities between the various segments of the population in accessing quality services. The main thrust of the HSSP 2 is immunisation, malaria control information education and communication (IEC), reproductive health, HIV/AIDS control and environmental health. The HSSP also

emphasises increasing physical access to health facilities and facilitating local governments to provide the same.

ACFODE contends that despite all these interventions, access to health services is still a serious challenge. Health services are

not equally accessible and in many instances are far away with 72% of households living within 5 km radius of a health facility.

Consequently, infrastructure, drugs, personnel, equipment and utilities are inadequate. In addition, socioeconomic status, low education levels, gender inequalities and relations, marital and employment status, religious and cultural beliefs and negative perceptions of quality limit the demand for health services. The problems are more pronounced for the vulnerable groups.

ACFODE issues of concern for the EOP include;• Freeprovisionandavailabilityofmamakitstowomen• Compulsoryantenatalcareandattendanceforwomen• Availabilityofimmunisationandotheressentialmedicinesinhospitals• FreeaccessandavailabilityofARVSandsupportservices• FreeprovisionofPMTCservicestomothers• Psychosocialcounsellingoncontrolledbirthmethodsandfamilyplanning• PresenceofGBVspecificmedicalunitsinmedicalfacilities.

The hand book

puts more emphasis on women’s interest.

Without women’s needs and interests being taken into account, without opportunity for them to participate in and influence decision-making, development interventions

and planning will not achieve sustainable

results.


Consequently, most of the land

owned by vulnerable groups does not have land tittles due to high costs of

surveying and registration as well as unfavourable customary land tenure systems and inheritance

practices. This not only diminishes the actual value of the land but also constrains access

to credit facilities.

15.0 Gender equality challenges and inequity in property ownership

Findings from the Village Census (2001) reveal that the size of land held by the poor is diminishing. Since the majority of the poor are the vulnerable, they are more adversely affected by the increasing landlessness. Moreover, only 20% of the land in Uganda is registered . Consequently, most of the land owned by vulnerable groups does not have land tittles due to high costs of surveying and registration as well as unfavourable customary land tenure systems and inheritance practices. This not only diminishes the actual value of the land but also constrains access to credit facilities. ACFODE is therefore recommending the following under the EOP;• Creationofthelandfundtohelpwomenand

vulnerable group to own and control fund by the Ministry of Lands

• Comprehensivegender propertyownershipsurvey by the Ministry of Gender and EOC

• Enforcement of gender equality provisions inland law and EOC Act by the EOC

• Provision of gender equality challenge fund forwomen in agriculture


16.0 HIV/AIDS and the gender equality challenge

The number of children affected by HIV/AIDS is about 100,000 and infant mortality has increased. The epidemic’s impact is particularly hard on women and girls as the burden of care usually falls on them. Girls drop out of school to care for sick parents or for younger siblings. Older women often take on the burden of caring for ailing adult children and later, when they die, adopt the parental role for the orphaned children. They are often responsible for producing an income or food crops. Older women caring for orphans and the sick adults may be isolated socially because of AIDS related stigma and discrimination. Stigma also means that family support is not a certainty. When women become HIV positive; they are often rejected. Therefore issues of marginalization on HIV/AIDs affected and infected people need to be dealt with to improve the situation of the most vulnerable.

In the work place people living with HIV/Aids are discriminated against and this stigmatization has to be dealt with. Inadequate access to ARVs has exacerbated the problem especially among women as a vulnerable group.

ACFODE therefore recommends the following for the EOP;• ProvidewiderframeworkformandatoryprovisionofARVSandPMCTtoexpectant

mothers • ProvidetheenvironmentfortheEOCtoenforcetherighttohealthasdefinedunder

UN Convention on Economic Social and Cultural Rights• Ministryofhealthtoensureminimumhealthcarepackage• IncreasedfundingfortheSocialDevelopmentandHealthSectors


17.0 Voice, accountability and participation in Public Life and Decision Making

The opportunity for the marginalized groups to participate in public life and decision-making is far more limited than that of other groups. The marginalized frequently face challenges like negative attitudes, negative religious/cultural beliefs, economic constraints when seeking elective offices and the challenges caused by their socio-economic and reproductive roles. Such challenges affect not only their ability to enter into public life but also to participate in it. In some cases women who have insisted on joining politics without their husband’s approval, have had their families breaking up.

These vulnerable groups need to be empowered to build their self esteem, leading to self actualization; being able to articulate their needs and concerns and to participate in the development, planning, implementation, monitoring and evaluation of programmes for the development of their communities.

ACFODE realises that these gaps hinge on gender inequality and need the attention of the reviewed EOP. The following should be addressed;• Evaluationofaffirmativeactiononfemalerepresentationinpoliticalofficesasto

whether it has translated into improved livelihoods of the rural women• Reviewoftheaffirmativeactionrepresentationregardingpoliticalpartyallegiance

vis-a-vis women issues• Createaconduciveenvironmentforeffectiverepresentationofwomenonseveral

government key positions, boards and authorities


APPENDIX 1: REFERENCES

MGLSD (2006) The National Equal Opportunities Policy. Ministry of Gender Labour and social Development, Kampala Uganda.MGLSD (2007)The national Action Plan on Women (2007). Ministry of Gender, Labour and Social Development, Kampala Uganda.MGLSD (2008) Evaluation of Gender Outcomes in the PEAP 1997 – 2008. Ministry of Gender, Labour and Social Development, Kampala Uganda.MGLSD (2009) The Nation Action Plan for Equal Opportunities Policy 2009 – 2013. Ministry of Gender Labour and Social Development, Kampala Uganda.MGLSD (2010)Survey Report on Equity and Equal Opportunities capacity Gaps Vulnerable Groups in Northern Uganda.

Republic of Uganda (2007): the Equal Opportunities Commission Act, 2007. Government of the Republic of Uganda.SPSS - PC+Statistics (2007): Statistical Analysis (Version 13.0) {Computer Software} Chicago: SPSS, Inc.The Constitution of the Republic of Uganda (1995, As Amended).UBOS (2002): Uganda Population and Housing Census Report. Uganda Bureau of Statistics. Kampala UgandaUDHS 2011: Uganda Demographic and Health Survey. Uganda Bureau of Statistics. Kampala Uganda.Wandiembe, S.P (2009): Sample Survey Theory Introduction. Department of Statistical methods, Makerere University, Kampala.Mujuni Benard. M. 2010, Uganda has Laws on Discrimination, New Vision, Kampala – Uganda www.newvision.co.ug


For more information contact,The Executive Director

Action For DevelopmentACFODE House, Plot 623/624, Bukoto

P.O.Box 16729, Kampala - UgandaTelephone: +256 414 531812

Email: [email protected][email protected]: www.acfode.org

Documents

A Gender-analysis of the Equal Opportunities Commission Act 2007 and the Equal Opportunities Policy 2006