Committee on E conomic, Social and Cultural Rights

List of issues in relation to the initial reportof Uganda *

I.General information

Please clarify whether civil society was involved in the preparatory process for the initial report of the State party and, if so, in what way.Please also provide information on the contents and status of the bill on non-governmental organizations and on what impact it would have on non-governmental organizations working on economic, social and cultural rights.

Please indicate any legislative measures adopted or planned that aim to translate the Covenant’s provisions into national law that can be invoked before and applied by domestic courts.Please inform the Committee of any mechanisms in place to ensure that laws and regulations in the State party, including customary law applied by local councils, are consistent with the provisions of the Covenant.

Please describe concrete measures taken to raise awareness of the Covenant among the judiciary, public prosecutors, lawyers, government officials and the general public.

Please provide more information on the mandate of the Uganda Human Rights Commission and whether it covers economic social and cultural rights, as well as on the resources allocated for its functioning. Please also describe State party’s efforts to implement the recommendations made by the Commission.

II.Issues relating to the general provisions of the Covenant (arts. 1–5)

Article 1 – Land and natural wealth and resources

In the light of the increasing oil and gas extraction and mining activities in the State party, please describe steps taken to ensure free, prior and informed consent of the populations affected by such activities in advance of the Government’s signing agreements with companies.Please also indicate mechanisms in place to ensure that adequate compensation is offered to those who are affected.

Please inform the Committee on measures taken by the State party to bring the Land Act into line with the Land Policy. Bearing in mind the plural land legal system, encompassing constitutional, statutory and customary law, please indicate measures taken or envisaged to restructure land rights administration.Please also provide updated information on steps to facilitate the return of internally displaced persons to their homes, which is reportedly hampered due to ongoing land conflicts.

Please update the Committee on progress achieved in addressing the situation of those evicted from their lands in August 2001 in various villages in the Mubende District in the context of Kaweri Coffee plantation, and provide information on remedies provided.

Article 2, paragraph 1 – Maximum available resources

Please provide information on measures to combat corruption in the State party in the context of maximizing resources available for the promotion and enjoyment of economic, social and cultural rights.Please provide information on the cases investigated, convictions and sanctions imposed, including on any high-ranking officials, and protection afforded to those reporting corruption.

Please indicate if the State party intends to increase the budget allocations for the realization of economic, social and cultural rights, in particular, to healthand education sectorswhich have not increased in recent years despite the growing demand for those sectors’ services.Please inform the Committee of the budget allocations to these sectors for 2015.

Article 2, paragraph 2 – Non-discrimination

Please inform the Committee on measures taken to raise awareness, prevent and combat discrimination based on sexual orientation and gender identity. Please indicate how many incidents of violence or hatred against lesbian, gay, bisexual and transgender persons have been reported and investigated in 2012 and 2013 and what was the outcome of those reports.

Please describe measures taken to address the regional disparities in the enjoyment of the rights to housing,standard of living,sanitation,maternal health careand education, mainly affecting communities living in Northern and Eastern regions of Uganda.

Please provide information on the situation of indigenous peoples and ethnic minorities such as the BatwaIk,Basongora, Bnyabindiand Benet,and describe measures taken to ensure their enjoyment of the rights contained in the Covenant, including to employment, social security, health services and education as well as access to and ownership of land.

Please provide information on the situation of persons with disabilities, disaggregated by sex, age, ethnicity and rural/urban residence, regarding their enjoyment of economic, social and cultural rights, including in the areas of employment, social security, health and education.

Article 3 – Equal rights of men and women

In the light of paragraph 34 of the State party report (E/C.12/UGA/1), please update the Committee on progress achieved in:

(a)Bringing into force the Marriage and Divorce Bill, as well as amending the remaining discriminatory provisions of the Penal Code, the Divorce Act and the Succession Act in accordance with relevant Constitutional Court rulings,and better implementing the Equal Opportunities Act;

(b)Addressing gender segregation in the labour market and the gender wage gap, as well as the exploitation of women by microfinance entities which charge extremely high interest rates;

(c)Improving women’s access to land and property rights,as well as their involvement in the management of natural resources.

III.Issues relating to the specific provisions of the Covenant (arts. 6–15)

Article 6 – The right to work

Please provide information on the impact of measures adopted by the State party to combat unemployment, including for youth.

Article 7 – The right to just and favourable conditions of work

Please indicate when the State party envisages implementing its plan to raise the minimum wage and whether the increased minimum wage would allow a decent standard of living for workers and their families.

Please update the Committee on steps taken to increase the number of trained labour inspectors and the number of districts covered. Please also provide information on the operation of the Industrial Court, including the human and financial resources allocated for its functioning.

Article 8 – Trade union rights

Please update the Committee on steps taken to ensure workers’ right to form and join trade unions,including for casual and temporary workers.

Article 9 – The right to social security

Please indicate measures to reform the National Social Security Fund with a view to better protecting workers’ right to social security,and provide information on plans to ensure coverage of informal workers, who form the majority of workers in the State party, by social security schemes.

Please also provide more information on the pension system reforms carried out in the State party. Please provide updated information on how the Public Service Ministry is managing the pension and retirement benefits for civil servants and inform if these are regularly received by beneficiaries.

Article 10 – Protection of the family, mothers and children

Please update the Committee on the status of the Sexual Offences Bill.Please also provide information on the impact of measures taken under the Domestic Violence Act and the Prohibition of Female Genital Mutilation Act to reduce gender-based violence, which remains prevalent in the State party.

Please provide information on measures taken to combat child labour, child sacrifice and early and forced marriages. Please also indicate measures taken to register all children born in Uganda.

Please provide information on the reportedly rising number of street children, who are more vulnerable to abuse and exploitation,and describe steps taken to support their reintegration into a family environment.

Article 11 – The right to an adequate standard of living

Please provide information on the impact steps taken to implement the Uganda National Food and Nutrition Policy have had on reducing food insecurity, in particular among households living in poverty. Please update the Committee on progress achieved in approving National Food and Nutrition Strategy and promulgating the Food and Nutrition Bill.

Please describe measures to increase water coverage, including access to clean drinking water, particularly in rural areas,and provide more information about the affordability of water, particularly for the urban population living in poverty.

Please describe steps taken to improve housing conditions in the informal settlements across the outskirts of urban areas,and measures taken against forced evictions. Please also describe measures adopted to increase access to adequate housing, including social housing for disadvantaged and marginalized individuals and groups. Please update the Committee on the number of homeless persons.

Article 12 – The right to physical and mental health

Please provide information on the proposed National Health Insurance Scheme, including its coverage. Please also indicate whether the proposed scheme covers unemployed persons.

Please provide additional information on the impact of the implementation of laws and programmes aimed at reducing maternal, infant and under-5 mortality rates, which remain high in the State party.

Please indicate the steps taken to enhance access to sexual and reproductive health services and information, including access tocontraceptives,antenataland postnatal care,while indicating any existing disparity in such access, including on grounds of socioeconomic situation, geographical location, age or marital status.

Please clarify on what grounds abortion is permitted in the State party. Please also clarify existing inconsistencies between the Penal Code and the National Guidelines and Services Standards for Sexual and Reproductive Health and Rights concerning the grounds permitting abortion.

Please update the Committee on the status of the Mental Health Billand provide information on services available to mental-health patients, especially in rural areas. Please also provide information on the contents of the new HIV Prevention and Control Act 2014, including on mandatory testing, criminalization and confidentiality.

Articles 13 and 14 – The right to education

Please provide information on measures taken to ensure access to universal primary educationfor all children, in particular children of ethnic groups and indigenous peoples and children with disabilities. Please also provide information on the impact the growth of private education in the State party has had on the right to education of girls and children living in poverty. Please also indicate steps taken to improve quality of education and qualifications and skills of teachers.

Article 15 – Cultural rights

Given the inadequacies recognized by the State party in paragraphs 219 and 220 of its report, please inform the Committee whether the State party intends to adopt measures to guarantee to all individuals, ethnic groups and indigenous peoples the right to participate in cultural life and to preserve and express their identity, history, language, traditions and customs.

Please describe the measures taken by the State party to ensure affordable access to the Internet for the entire population, in particular disadvantaged and marginalized individuals and groups, to the extent possible.