The right of persons with intellectual and psychosocial disabilities to contest for political office in Uganda: a critical analysis

Abstract

The Universal Declaration of Human Rights (The Universal Declaration) declares that human beings are born free and are equal in rights and dignity. Notwithstanding this ‘declaration,’ certain rights of persons with disabilities are often ignored or swept under the carpet. Persons with disabilities are a wide group embracing a growing number of disabilities manifested through various physical, mental, and sensory impairments. Persons with intellectual and psychosocial disabilities are a special category of persons with disabilities, often ignored and appear to bear the greatest brunt of the abuse of their rights. This is because they are legally less thought of and considered otherwise unable. This is manifested through descriptions such as ‘persons of unsound mind,’ ‘imbeciles,’ ‘idiots’ and ‘insane’ and as such their say does not usually matter. They are a minority within the larger minority of the disabled. Using a purely doctrinal method, this thesis examines the right to contest for political office for this group of persons. This is because the right to political participation is essential for the realisation of other rights, as the same guarantees effective representation in the legislative, policy, and programming platforms where other rights are in essence discussed and decided on. The thesis examines the electoral law in Uganda to determine the extent to which the political right to contest for political offices for persons with intellectual and psychosocial disability is respected, protected, and fulfilled. The thesis also adopts a comparative approach to draw the necessary lessons from progressive jurisdictions. The key finding of the study is that although the various international and regional human rights instruments provide for the right to political participation, including the right to contest for political office for all persons, including persons with intellectual and psychosocial disabilities, the domestic legal framework prohibits persons with ‘unsound mind’ from contesting for political office. These provisions in effect limit the enjoyment of the rights to political participation through contesting for public office for persons with intellectual and psychosocial disabilities. This has violated the principle of ‘nothing for us without us’ as persons with intellectual and psychosocial disabilities end up failing to represent themselves and others like them in international, regional, and domestic decision making, policy formulation, implementation, and legislative bodies. This also out rightly violates the enjoyment of protected rights of persons with intellectual and psychosocial disabilities. The key recommendations include the repeal or amendment of the relevant laws, to bring them into conformity with the international, regional, and constitutional standards, specifically contained in chapter four of the Ugandan Constitution. Institution of Public interest cases challenging the constitutionality of the impugned provisions would also offer great assistance in the interim. Lobbying for the ratification of the Protocol of the African Charter on Human and Peoples Rights on the Rights of Persons with Disabilities would also give better protection for this category of people. Continuous sensitisation and capacity building on these issues would enable the development of an appropriate advocacy strategy to rectify these anomalies.