The Equal Opportunities Commission is a statutory body established by an Act of Parliament to effectuate Article 32(3) and Article 32 (4) of the Constitution of Uganda. The Equal Opportunities Commission is mandated 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 favor 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 exist against them, and to provide for other related matters.

Articles 32(3) and 32(4) of the 1995 Uganda Constitution provide as follows:

Article 32(3): 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 exist against them.

Article 32(4): Parliament shall make relevant laws, including laws for the establishment of an Equal Opportunities Commission, for the purpose of giving full effect to clause (1) of this article.

In compliance with the aforesaid constitutional provisions, the Parliament of the Republic of Uganda enacted the Equal Opportunities Commission Act, 2007.

On July 6th 2010, the then Minister of Gender, Labour and Social Development Hon. Gabriel Opio presented four members for swearing in and they took their oaths before the then Principal Judge His Lordship James Ogoola. The Equal Opportunities Commission was inaugurated on 8th July, 2010.

FUNCTIONS OF THE EOC

1

The functions of the Commission are to monitor, evaluate and ensure that policies, laws, plans, programs, activities, practices, traditions, cultures, usages and customs of:

• organs of state at all levels;
• statutory bodies and agencies;
• public bodies and authorities;
• private businesses and enterprises;
• non governmental organizations, and
• social and cultural communities,

are compliant with equal opportunities and affirmative action in favour of groups marginalized on the basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing, political opinion, disability, gender, age or any other reason created by history, tradition or custom.

2

Without prejudice to the generality of subsection (1) the Commission may:

• investigate or inquire into, on its own initiative or on a complaint made by any person or group of persons, any act, circumstance, conduct, omission, programme, activity or practice which seems to amount to or constitute discrimination, marginalization or to otherwise undermine equal opportunities;
• examine any law, proposed law, policy, culture, tradition, usage, custom or plan which is likely to have effect of nullifying or impairing equal opportunities to persons in employment or enjoyment of human rights.
• develop, conduct and manage information and educational programs to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services;
• undertake research and organize, coordinate and promote workshops, seminars, conferences and public discussions on equal opportunities and treatment in employment, education, social services or social and cultural construct of roles and responsibilities in society;
• consider such recommendations, suggestions and requests concerning the promotion of equal opportunities as it may receive from any source;
• prepare and publish, guidelines for implementation of equal opportunities and the avoidance of acts, practices, usage, customs, tradition or cultures that undermine equal opportunities;
• monitor the compliance, in Uganda, with the provisions of international and regional conventions, treaties and other instruments to which Uganda is a party, that relate to or are relevant to the functions and objects of the Commission;
• perform such other functions that are incidental or conducive to the above functions.

3

The Commission may rectify, settle or remedy any act, omission, circumstance, practice, tradition, culture, usage or custom that is found to constitute discrimination, marginalization or which otherwise undermines equal opportunities through mediation, conciliation, negotiation, settlement or other dispute resolution mechanism.

4

Subject to subsection (3) the Commission may hear and determine complaints by any person against any action, practice, usage, plan, policy programme, tradition, culture or custom followed by any organ, body, business organization, institution or person which amounts to discrimination, marginalization or undermines equal opportunities.

REMEDIES

If the Commission if satisfied that there has been marginalization or discrimination on the basis of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, it may order: payment of compensation, or any other legal remedy or redress. However any person or authority dissatisfied with an order made by the Commission has the right to appeal to the High Court

Government Of Uganda

Parliament of Uganda