BY BARRISTER PETER MAGOMU MASHATE.
Towards the end of last parliament, the craze for the merger of various government agencies took the country by storm.
Among the agencies merged included UNRA, UCDA and several others. There were also attempts to merge the Equal Opportunities Commission chaired by Hon. Safia Nalule Jjuuko, and the Uganda Human Rights Commission chaired by Adv. Fauzat Mariam Wangadya. Little is known as to how this important merger failed until the 11th parliament chaired by now embattled ex-speaker Anita Among expired.
For starters, the Equal opportunities commission (EOC) is established by virtue of Article 32(3) of the Ugandan constitution which provides that; “There shall be a commission called the Equal Opportunities Commission whose composition shall be determined by an Act of Parliament”.
On the other hand, the Ugandan Human Rights Commission (UHRC) is established under Article 51 of the Uganda constitution.
The said Equal Opportunities Act stipulates thus;
“An Act to make provision in relation to the Equal Opportunities Commission pursuant to articles 32 (3) and 32 (4) and other relevant provisions of the Constitution; to provide for the composition and functions of the Commission; to give effect to the State’s constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on the ground of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, and take affirmative action in favour of groups marginalized on the basis of gender, age, disability or any other reason created by history, tradition or custom for the purpose of redressing imbalances which exist against them; and to provide for other related matters”.
These are very noble and honorable aspirations but isn’t it also the time to take audit of the EOC achievements and weigh it’s relevance? What tangible results have been registered by this commission to warrant retention? How useful has it been on key national programs like the PDM, Emyooga and the like?
If it’s mandate extends to such areas that concern the wanainchi, how comes it has not raised a red flag on the alleged corruption in this program until now when we’re seeing Hon. Minister Balaam intervening? Remember, this commission has certain powers, just like the UHRC. I have severally read judgements by UHRC Tribunals, meaning the wanainchi to a larger extent, have benefited from UHRC presence.
In other words, Ugandans would support it’s retention basing on what it has done just like we see the UHRC is always under pressure to act, defend and account to the public on every urgent human rights issue in the country. We’ve seen and heard several families running to UHRC on different forms of violations, and indeed they’ve been helped. The question is, to whom does the EOC account besides it’s official channels? How much money do we spend on it annually to pay salaries, vehicles, trips, workshops etcetera?
Let’s see it in the national AUDIT and accountability because to many, the EOC is viewed as an invisible entity but with significant public resources draining the budget and without tangible returns easily seen by the people.
Otherwise, there is strong justification for H.E the President to push ahead with the merger of both the EOC and UHRC into one Agency to reduce on the perceived financial redundancy when EOC continues to operate as a standalone entity.
The situation for EOC is comparable to United Kingdom’s quagmire that prevailed and persisted until when the Labour government under Tony Blair swept into power on the very strong promise of delivering Social Justice & Human rights in 1997.
UNITED KINGDOM DILEMMA AKIN TO EOC
The United Kingdom feared so much the European Convention on Human rights (ECHR). It deliberately refused to incorporate it into British law throughout the Conservative governments of day. But the European Union constitution never allowed any of its members to derogate from the Human rights Act.
It was not until Tony Blair Labour party landslide victory in 1997 that the said ECHR was eventually as a manifesto pledge incorporated into British Law as the Human Rights Act 1998.
However, arguably like Uganda’s EOC even then UK Labour government incorporated without ultimate sanctions or “biting teeth” in serious human rights violations. This is because ultimate authority was placed in the hands of the line minister where in the event of the court Human rights and indeed Equal Opportunity declarations with a strong Human rights content of incompatibility declaration, the same minister was left a window to come back to parliament with the necessary legislation to correct the mischief.
This is because British Courts were left with only residual declaratory powers of incompatibility with ECHR provisions “without teeth to bite”. It can be safely argued that at least Justice Wangadya’s UHRC has some painful biting teeth without the need to refer to the line Minister to choose as to whether or not go down to the Parliament and beg for amendment for some biting teeth for the Commission.
This kind of British “sitting on the fence” on the question of Human rights could be viewed in the light of many challenges of the time which included but not limited to the Northern Ireland conflict of the Irish Republican Army insurgency (IRA) amongst other concerns.
THE BRITISH UNWRITTEN CONSTITUTION
In any event, Britain has no written constitution and operates by conventions. That system contends that what is not prohibited by law is a right and what is provided by law is similarly a right.
In contrast Uganda has a written constitution of which we are proud of and cherish very much. You only have to read again the preamble of our constitution which recites our turbulent past and suffering which among other things reinvigorates us and states thus;
- “RECALLING our history which has been characterized by political and constitutional instability;
- RECOGNISING our struggles against the forces of tyranny, oppression and exploitation”
Indeed, against this turbulent history – LET US MAINTAIN MEANINGFUL INDEPENDENCE of Uganda by fighting against all fronts and fully embracing the current Corruption crusade and wanton wastage of resources and tax payers’ hard-earned sweat. Indeed, the Local Government CORRUPTION CRUSADE spearheaded by Hon Balam Barugahara and Hon Justin Namere is a step in the right direction though seemingly a drop in the large sea of venomous corruption nonetheless a serious step as its by recovery bringing in savings and scaring life out of these incorrigible white-collar thieves.
All-in-all, its most respectfully submitted that recalibrating a merger between the EOC & UHRC or restructuring it would give accountability because both the EOC and UHRC are twins, doing the same work and tasks and are both a SAFETY VALVE FOR OUR SOCIETY. ITS POSSIBLE “KISOBOKA”.
The writer is AN ADMINISTRATIVE, Constitutional AND Human rights BARRISTER-AT-LAW OF THE HONOURABLE SOCIETY OF LINCLON’S INN OF COURT LONDON-UNITED KINGDOM
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