Uganda Act or statute

Parliament of Uganda

Uganda Human Rights Commission Act

Jurisdiction: Uganda
Structure: 27 provisions
Citation: Chapter 26
Dates: As at 31 Dec 2023

More statute details

Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“Defines key terms used in the Act: Chairperson, Commission, Commissioner, currency point, Minister, and Secretary.”

The Commission shall have officers and employees as necessary; it appoints them in consultation with the Public Service Commission, determines their terms, may engage consultants and may pay remuneration; public officers may be seconded at the Commission's request. Meetings are presided over by the Chairperson; if the Chairperson is absent the members present may appoint one to preside; decisions should be by consensus where possible; each commissioner has one vote and there is no casting vote; the Commission may prescribe its own procedure. Parliament must ensure the Commission has adequate resources and facilities; the Secretary shall administer and control the Commission's funds and be the Accounting Officer under the Public Finance Management Act. Members, employees or other persons acting under the Commission's direction are not personally liable in civil proceedings for acts done in good faith while performing Commission functions. The Commission must have a seal; the Commission may determine its form and the circumstances in which it is applied, subject to the provisions of any law.

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Interpretation

Defines key terms used in the Act: Chairperson, Commission, Commissioner, currency point, Minister, and Secretary.

Section 1

Examination on oath or affirmation

The Commission has the power to cause a witness to be examined on oath or affirmation.

Section 16

Appeals under Article 53(3) of Constitution

The Chief Justice must make rules of court regulating appeals to the High Court under Article 53(3) from Commission orders made under Article 53(2).

Section 21

Oath of commissioners

Members of the Commission and the Secretary must take and subscribe the specified oaths before assuming their duties; the Commission may direct other officers or employees to take the oath in Part II of Schedule 2.

Section 3

Secretary to Commission

Section 9

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Source record from ulii.org · As at 31 Dec 2023

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Showing 27 of 27 provisions

Provision 24InterpretationOffenceAmendment

§ 1InterpretationInterpretation

Defines key terms used in the Act: Chairperson, Commission, Commissioner, currency point, Minister, and Secretary.

Section Interpretation Section In this Act, unless the context otherwise requires— “ Chairperson ” means the Chairperson of the Commission ; “ Commission ” means the Uganda Human Rights Commission established by Article 51 of the Constitution ; “ Commissioner ” means a member of the Commission ; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ Minister ” means the Minister responsible for justice; “ Secretary ” means the Secretary to the Commission appointed under section 9 .

Section 1Verify source

§ 10Other staff of CommissionProvision

Section Other staff of Commission Section The Commission shall have such other officers and employees as may be necessary for the discharge of its functions. The officers and employees referred to in subsection (1) shall be appointed by the Commission in consultation with the Public Service Commission and shall hold office upon such terms and conditions as may be determined by the Commission in consultation with the Public Service Commission . Public officers may, at the request of the Commission , be seconded to the service of the Commission . The Commission may, in consultation with the Public Service Commission , engage the services of consultants, experts and advisers to assist it in the discharge of its functions and may pay to them remuneration at such rates as may be determined by the Commission after similar consultation.

Section 10Verify source

§ 11Meetings and decisions of CommissionProvision

Meetings are presided over by the Chairperson; if the Chairperson is absent the members present may appoint one to preside; decisions should be by consensus where possible; each commissioner has one vote and there is no casting vote; the Commission may prescribe its own procedure.

Section Meetings and decisions of Commission Section The meetings of the Commission shall be presided over by the Chairperson , and in the absence of the Chairperson , the members of the Commission present may appoint a member from among their number to preside over the meeting. Every decision of the Commission shall, so far as possible, be by consensus. In any vote at any meeting of the Commission , each commissioner shall have one vote and none shall have a casting vote. The Commission shall otherwise have power to prescribe its own procedure.

Section 11Verify source

§ 12Funds of CommissionProvision

Parliament must ensure the Commission has adequate resources and facilities; the Secretary shall administer and control the Commission's funds and be the Accounting Officer under the Public Finance Management Act.

Section Funds of Commission Section Parliament shall ensure that adequate resources and facilities are provided to the Commission to enable it to perform its functions effectively. The administrative expenses of the Commission shall be charged on the Consolidated Fund. The funds of the Commission may, with the approval of the Minister acting in consultation with the Minister responsible for finance, include grants and donations from sources within or outside Uganda to enable the Commission to discharge its functions. All funds provided to the Commission under Article 55 of the Constitution or under this Act shall be administered and controlled by the Secretary who shall be the Accounting Officer in accordance with the Public Finance Management Act.

Section 12Verify source

§ 13Immunity of members and staff of CommissionProvision

Members, employees or other persons acting under the Commission's direction are not personally liable in civil proceedings for acts done in good faith while performing Commission functions.

Section Immunity of members and staff of Commission Section A member of the Commission or any employee or other person performing any function of the Commission under the direction of the Commission shall not be personally liable to any civil proceedings for any act done in good faith in the performance of those functions.

Section 13Verify source

§ 14Seal of CommissionProvision

The Commission must have a seal; the Commission may determine its form and the circumstances in which it is applied, subject to the provisions of any law.

Section Seal of Commission Section The Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine.

Section 14Verify source

§ 15CounselProvision

The Attorney General may attend the Commission and provide assistance when requested by the Commission; a witness before the Commission may be represented by counsel.

Section Counsel Section The Attorney General may attend upon the Commission and give such assistance to it as the Commission may request. A witness before the Commission may be represented by counsel.

Section 15Verify source

§ 16Examination on oath or affirmationProvision

The Commission has the power to cause a witness to be examined on oath or affirmation.

Section Examination on oath or affirmation Section The Commission shall have power to cause a witness to be examined on oath or affirmation.

Section 16Verify source

§ 17Evidence of witnesses, etc.Provision

Witness evidence must be recorded; witnesses may request a copy; the Commission can commit persons for contempt; persons alleged to be in contempt may be represented by counsel.

Section Evidence of witnesses, etc. Section The evidence of every witness shall be taken down, and the witness may, if he or she requests for it, be given a copy. The Commission shall have power to commit persons for contempt of its orders. A person alleged to be in contempt may be represented by counsel in proceedings for the alleged contempt.

Section 17Verify source

§ 18Attendance allowanceProvision

A person summoned and appearing before the Commission as a witness is entitled to be paid allowances equivalent to those payable to a witness in High Court criminal proceedings; the Commission may also pay reasonable allowances to other persons invited to assist at its meetings.

Section Attendance allowance Section A person summoned by and appearing before the Commission as a witness is entitled to be paid, by way of reimbursement of his or her expenses, such allowances as are payable to a witness appearing before the High Court in criminal proceedings. Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission such allowances as the Commission may consider reasonable.

Section 18Verify source

§ 19Immunities and privileges of witnessesProvision

A witness who appears before the Commission is entitled to the same immunities and privileges as a witness before the High Court.

Section Immunities and privileges of witnesses Section A witness appearing before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court.

Section 19Verify source

§ 2Appointment and composition of Uganda Human Rights CommissionProvision

The Chairperson and other members of the Uganda Human Rights Commission are to be appointed by the President with Parliament's approval; other members must number at least three.

Section Appointment and composition of Uganda Human Rights Commission Section The Chairperson and other members of the Uganda Human Rights Commission shall be appointed by the President with the approval of Parliament. The members of the Commission , other than the Chairperson , shall not be less than three.

Section 2Verify source

§ 20Application of High Court RulesProvision

The Commission may apply High Court rules for civil or criminal proceedings when exercising its powers or functions, subject to modifications by the Chief Justice by statutory instrument in consultation with the Commission.

Section Application of High Court Rules Section Any rules of court applicable to civil or criminal proceedings in the High Court may be applied by the Commission for the purposes of the exercise of its powers under Article 53 of the Constitution or any other of its functions subject to such modifications as may be made by the Chief Justice by statutory instrument in consultation with the Commission .

Section 20Verify source

§ 21Appeals under Article 53(3) of ConstitutionProvision

The Chief Justice must make rules of court regulating appeals to the High Court under Article 53(3) from Commission orders made under Article 53(2).

Section Appeals under Article 53(3) of Constitution Section Rules made under subsection (1) may, without prejudice to the general effect of subsection (1) , provide for— The Chief Justice shall make rules of court for regulating appeals to the High Court under Article 53(3) from orders of the Commission made under Article 53(2) of the Constitution . the period within which an appeal may be lodged; forms and fees in relation to such appeals; the procedure generally for hearing such appeals; and the application to such appeals, with or without modification, of any rules of court applicable to the High Court.

Section 21Verify source

§ 22Obstruction of CommissionOffence

Any person who wilfully obstructs or interferes with the Commission's functions commits an offence and is liable on conviction to a fine not exceeding sixty currency points or imprisonment not exceeding two years, or both.

Section Obstruction of Commission Section Without prejudice to the Commission ’s power to commit for contempt, any person who wilfully obstructs or interferes with the exercise of its functions commits an offence and is liable, on conviction, to a fine not exceeding sixty currency points or to imprisonment for a term not exceeding two years, or both.

Section 22Verify source

§ 23No victimisation of persons assisting CommissionProvision

Persons who, in good faith, give information to or assist the Commission in exercising its functions must not be punished for doing so.

Section No victimisation of persons assisting Commission Section No person who, in good faith, gives any information to the Commission or assists the Commission in the exercise of its functions shall be punished in any way for doing so.

Section 23Verify source

§ 24LimitationProvision

A complaint may not be brought before the Commission after five years from the date on which the alleged human-rights violation occurred.

Section Limitation Section No complaint shall be brought before the Commission after the expiration of five years from the date on which the alleged violation of a human right to which the complaint relates occurred.

Section 24Verify source

§ 25Extension of limitation periodProvision

If a person entitled to bring a complaint before the Commission is incapacitated for reasons such as age, infirmity, detention or other just cause, the complaint may be brought at any time within five years after the incapacity ceases or the person dies, whichever happens first.

Section Extension of limitation period Section Where a person entitled to bring a complaint before the Commission against any violation of a human right is incapacitated from doing so by reason of age, infirmity of body or mind, detention or other just cause, whether similar to the foregoing or not, the complaint may be brought at any time within five years after the incapacity ceases or the person entitled to bring the complaint dies, whichever event first occurs.

Section 25Verify source

§ 26RegulationsProvision

The Commission may make regulations, in consultation with the Minister, to carry the Act into effect and to facilitate the Commission's work.

Section Regulations Section The Commission may, in consultation with the Minister , make regulations for carrying into effect the provisions of this Act and, in particular, for facilitating the work of the Commission .

Section 26Verify source

§ 27Power to amend Schedule 1Amendment

The Minister may, by statutory instrument and with Cabinet approval, amend Schedule 1 to this Act.

Section Power to amend Schedule 1 Section The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

Section 27Verify source

§ 3Oath of commissionersProvision

Section Oath of commissioners Section Every member of the Commission shall, before assuming his or her duties as commissioner, take and subscribe the oath specified in Part I of Schedule 2 to this Act. The Secretary shall, before assuming the performance of his or her functions under this Act, take and subscribe the oath specified in Part II of Schedule 2 to this Act. Any other officer or employee of the Commission may be directed by the Commission to take and subscribe the oath specified in Part II of Schedule 2 to this Act.

Section 3Verify source

§ 4Chairperson of CommissionProvision

The Chairperson must be head of the Commission, direct and administer its affairs, and monitor and supervise the Secretary's work.

Section Chairperson of Commission Section The Chairperson shall— be the head of the Commission ; be responsible for the direction of the affairs and for the administration of the Commission ; and monitor and supervise the work of the Secretary .

Section 4Verify source

§ 5Commissioners to relinquish particular officesProvision

A person holding specified offices must relinquish that office on appointment as a member of the Commission.

Section Commissioners to relinquish particular offices Section A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission — a member of Parliament; a member of a local government council; a member of the executive of a political party or political organisation; or a public officer.

Section 5Verify source

§ 6Commissioners to work full timeProvision

Members of the Commission must hold office on a full time basis.

Section Commissioners to work full time Section The members of the Commission shall hold office on a full time basis.

Section 6Verify source

§ 7Functions of CommissionProvision

The Commission shall perform a range of functions including investigating human-rights violations, visiting detention places, promoting public awareness of the Constitution, recommending measures to Parliament and other authorities, monitoring treaty compliance, and making reports addressed and signed as required.

Section Functions of Commission Section The Commission shall have the following functions— to investigate, at its own initiative or on a complaint made by any person or group of persons, the violation of any human right; to visit jails, prisons and places of detention or related facilities with a view to assessing and inspecting the conditions of the inmates and make recommendations; to visit any place or building where a person is suspected to be illegally detained; to establish a continuing programme of research, education and information to enhance respect of human rights; to recommend to Parliament effective measures to promote human rights, including provision of compensation to victims of violations of human rights or their families; to create and sustain within society the awareness of the provisions of the Constitution as the fundamental law of the people of Uganda; to educate and encourage the public to defend the Constitution at all times against all forms of abuse and violation; to formulate, implement and oversee programmes intended to inculcate in the citizens of Uganda, awareness of their civic responsibilities and an appreciation of their rights and obligations as free people; to monitor the Government’s compliance with international treaty and convention obligations on human rights; to carry out the functions of the Commission under Article 48 of the Constitution ; and to perform such other functions as may be provided by law. The decisions of the Commission under Article 53(2) of the Constitution shall have effect as those of a court and shall be enforced in the same manner. For the avoidance of doubt, the Commission shall, in carrying out its functions, deal only with violations of human rights alleged to have taken place on or after the coming into force of the Constitution . The recommendations required to be made by the Commission under subsection (1)(b) shall be to the appropriate Ministry, department or other authority whose functions relate to the matter on which the recommendations are made. The recommendations made to Parliament by the Commission under subsection (1)(e) shall be addressed to the Speaker of Parliament and signed by the Chairperson of the Commission ; and a copy of the recommendations shall be forwarded to the President. The annual report required by Article 52(2) of the Constitution to be submitted to Parliament, shall be addressed to the Speaker of Parliament and signed by the Chairperson of the Commission ; and a copy of it shall be forwarded to the President.

Section 7Verify source

§ 8Offices of CommissionProvision

The Commission may establish offices at district and other administrative levels.

Section Offices of Commission Section The Commission may establish offices at district and other administrative levels as it considers fit for the better performance of its functions.

Section 8Verify source

§ 9Secretary to CommissionProvision

Section establishes the Secretary of the Commission: appointment by the Commission in consultation with the Public Service Commission, qualification requirement, duties to implement policies and manage administration, entitlement to attend meetings without a vote, removable by the Commission only for incapacity, misconduct or incompetence, with a requirement to be informed and allowed to defend.

Section Secretary to Commission Section Subject to the powers of the Chairperson under section 4 and to the general control of the Commission , the Secretary shall— The Secretary may be removed from office by the Commission only for— The Commission shall have a Secretary who shall be appointed by the Commission in consultation with the Public Service Commission upon such terms and conditions as may be determined by the Commission in consultation with the Public Service Commission and specified in the instrument of appointment, but the terms and conditions shall not be less favourable than those of a Permanent Secretary . The Secretary shall be a person qualified to be appointed to the office of Permanent Secretary . be responsible for carrying out the policy decisions of the Commission and the day-to-day administration and management of the affairs of the Commission and the control of the other staff of the Commission ; be responsible for arranging the business for and the recording and keeping of the minutes of all decisions and proceedings of the Commission at its meetings; and perform any other function assigned to him or her by the Commission . The Secretary is, unless in any particular case the Commission otherwise directs in writing, entitled to attend all meetings of the Commission but shall have no vote on any matter falling to be decided by the Commission at any such meeting. inability to perform the functions of his or her office arising out of physical or mental incapacity; misbehaviour or misconduct; or incompetence. Before the Secretary is removed from office under subsection (5) , he or she shall be informed of the case against him or her and be given adequate opportunity to defend himself or herself against any allegations made against him or her.

Section 9Verify source

Legislative relationships

3 referenced instruments

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A–F

1 instrument

Constitution or under this Act
Section 12

N–S

2 instruments

Schedule 1 to this Act
Section 27
Schedule 2 to this Act
Section 3

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31 Dec 2023 · currentEnglish

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