Frances Linda Nakakande
21 November 2007
opinion
As we host the Queen, the head of the Commonwealth, it is an opportunity for all of us to use the season to remind each other of our responsibilities. I wish to take this opportunity to remind the government about its commitment to gender equality.
We appreciate the significant initiatives and programmes that the government has undertaken to promote gender equality and equity. However we are concerned that failure to operationalise the Equal Opportunities Commission (EOC) may have a regressive effect on these achievements.
The President of Uganda, accented to the EOC in April 2007. The Ministerial Policy Statement, Financial Year 2007/08 presented by Ministry Of Gender, Labour and Social Development shows that Shs4.32 billion was required for establishment of EOC.
However these resources were not catered for in the Medium Term Expenditure Framework and up to date no response has been given. This laxity has shown lack of commitment by the government yet the EOC is as important as the Heads of Government Meeting (Chogm) that opens in Kampala this week. Actually without the EOC Uganda has no business in the Commonwealth countries. Perhaps there is need to illustrate why the EOC is that important.
The Constitution of Uganda as amended provides and entrenches gender balance and fair representation of marginalised groups, the significant roles women play in society, provision for the welfare and maintenance of the aged, recognition of the rights of persons with disabilities and minorities to participate in decision making processes
Emphasis on equal opportunities is based on the recognition that given the same conditions and opportunities, all persons, irrespective of their social/economic standing, sex, age, ethnic origin, birth, creed or religion, political opinion or disability can perform to the best of their abilities and that sustainable development requires participation of all Ugandans.
The mechanism to respond to the challenge of attaining equal opportunities for all was properly vested in the Equal Opportunities Commission envisaged under Article 32 (3) and (4) of the Constitution as amended.
Failure to allocate resources for the Commission goes against commitments that have been made on financing gender equality by the government at the international level, through the Beijing Platform for Action 1995, the outcome of the 23rd special session of the General Assembly 2000, the Millennium Summit 2000, the Millennium Development Goals etc.
Not establishing the EOC renders Article 32 (1) meaningless because it is practically impossible to continue having affirmative action without enforcing a law like that related to the EOC.
It is a breach of promise to all marginalised groups in Uganda according to Articles 32, 33, 34, 35 and 36 of the Uganda constitution, which guarantee the rights and opportunities of these persons.
The non-establishment of the EOC goes against the Uganda government's commitment to regional and international human rights instruments and infringes on the inherent rights of the persons guaranteed in basic human rights documents on the advancement of women and all marginalised groups such as Universal Declaration of Human Rights, the International Convention on Civil and Political Rights, the African Charter on Human and People's Rights and Convention on the Elimination of all forms of Discrimination Against Women just to mention a few.
There is need for the EOC to act as a watchdog to safeguard and monitor government initiatives towards equality and equity because on one hand it recognises the vulnerability of the marginalised groups but it is surprising that on the other it is hesitant to support it. In addition, a lot of resources have been spent by the Ministry of Gender, members of parliament and consulting stakeholders. The government should not put people's views and resources in oblivion.
Agenda 11 of the talks in Juba between the Uganda government and the LRA rebels is dominated with issues of inequality and iniquity in Uganda as a nation. The EOC once well constituted will go along way in addressing the above issues. More importantly it will give legitimacy to the signing of the peace agreement between the two parties as it will demonstrate that government is always committed to what it says.
The writer is the Executive Director, Action For Development.
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