State obligation: assessing the impact of article 4 of the UN convention on the rights of oersons with disabilities on the promotion and protection of the rights of PWDS in Uganda 2008-2016

Abstract

The study pursued to examine the impact of the UN Convention on the Rights of Persons with Disabilities in Uganda. The study emphasized Article 4 of the CRPD which requires active and comprehensive strategies from state parties in regard to the rights of people with disabilities. The UN Convention on the Rights of Persons with Disabilities (CRPD) was adopted to guarantee the protection and fulfillment of the rights of PWDs. Uganda ratified the UN Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol on 25th September 2008 without reservations (Uganda‟s Initial Status Report 2010). Apart from ratifying CRPWD and formulating national laws like Disability Act of 2006, Uganda has also included disability aspects in the National Development Plan and Vision 2040. The National Development Plan has some specific targets for PWD in the area of trade, education, health and social security. Furthermore, the Gender and Equity Budgeting initiative is an effort to make different sectors focus on issues related to equity - disability being one such issue. This was a cross-sectional study because it focused on a cross-section of districts (districts of Kampala, Luwero, Mbarara, Masaka and Mpigi) and it also involved observing variables without influencing them. Cross sectional study was used because it was inexpensive and easy to conduct and useful for establishing preliminary evidence in planning a future advanced study (Amin, 2015). The study employed qualitative design because it aimed at exploring what and how the government of Uganda has done in compliance with Article 4 of the UNCRPD to promote the rights of PWDs. A number of legal and institutional frameworks were mentioned but key among these are the parliament, EOC, NCD and the UHRC. These include; parliament of Uganda, Ministry of Gender labour and Social Development, Equal Opportunities Commission, Ministry of Finance Planning and Economic Development, Civil Society Organisations, National Planning Authority, Office of the Prime Minister, Uganda Bureau of Statistics, Ministry of Education and Sports and the Ministry of Health. This monitors and promotes the gender and equity compliance of government ministries and other institutions. The second objective showed that only 29.4% of the PWDs surveyed were aware of UNCRPD. Even fewer than this, were those who were aware of article 4 on state obligation which obliges government to take practical steps to promote both legal and institutional reform geared towards protecting and promoting the rights of PWDs. The roles and responsibilities of partner ministries should be clearly outlined; inter-ministerial coordination in the area of disability should be improved; safeguards should be introduced to ensure that decentralization promotes the human rights of PWDs; innovative approaches to promote the human rights of PWDs have to be piloted before embarking on nationwide implementation; and training of public servants on how to design and implement human rights based disability policies, budgets and program should be conducted