The Equal Opportunities Commission (EOC) was officially inaugurated on July 8th, 2010, following the swearing-in of its first four members on July 6th, 2010. These members took their oaths before the then Principal Judge, His Lordship James Ogoola, under the leadership of the Minister of Gender, Labour, and Social Development, Hon. Gabriel Opio.
The EOC is a statutory body established by an Act of Parliament, in line with Articles 32(3) and 32(4) of the Constitution of Uganda.
The Commission’s core mandate is to eliminate discrimination and inequality against individuals or groups based on sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion, or disability.
Additionally, the EOC is empowered to take affirmative action in favour of marginalized groups, such as those disadvantaged by gender, age, disability, or any other historical, traditional, or customary reasons, to redress existing imbalances.
The Constitutional provisions underpinning the EOC’s establishment are as follows:
- Article 32(3): “Notwithstanding anything in this Constitution, the State shall take affirmative action in favour of groups marginalized based on gender, age, disability, or any other reason created by history, tradition, or custom, for redressing imbalances which exist against them.”
- Article 32(4): “Parliament shall make relevant laws, including laws for the establishment of an Equal Opportunities Commission, to give full effect to clause (1) of this article.”
By these constitutional directives, the Parliament of Uganda enacted the Equal Opportunities Commission Act of 2007, establishing the Commission to operationalize the provisions of Article 32 and ensure the promotion of equality and fair opportunities for all Ugandans.
Mission.
To give effect to the state’s mandate to eliminate discrimination against any individual or group of persons through taking affirmative action to redress imbalances and promote equal opportunities for all in all spheres of life.
Vision
A just and fair society where all persons have equal opportunity to participate and benefit in all spheres of political, economic, social and cultural life.
Core Values
The EOC is committed to promoting equal protection and treatment for all individuals, as outlined in the Equal Opportunities Act of 2007 and the Constitution of Uganda. It emphasizes fairness and social justice, ensuring equitable access to opportunities and participation. The EOC strives for justice by treating everyone fairly and impartially. Integrity is central to its operations, with all actions guided by honesty and transparency. The EOC actively includes marginalized groups, ensuring they are part of its programs and initiatives. It upholds human rights as enshrined in the Constitution, embracing diversity across gender, age, disability, faith, ethnicity, and personal choice. Accountability is key, with the EOC taking responsibility for its decisions and outcomes. Teamwork among members and staff drives the Commission’s success, fostering collaboration. The EOC encourages participation, empowering individuals to have a say in decisions affecting them, and is dedicated to ensuring accessible services for all without barriers.
The Commission’s Powers and Responsibilities
The Commission is tasked with upholding and promoting equal opportunities by investigating and addressing instances of discrimination and marginalization. These investigations can be initiated by the Commission or triggered by complaints from individuals or groups. In fulfilling its mandate, the Commission may:
- Investigate and Inquire: The Commission has the authority to investigate any act, policy, program, or practice that appears to contribute to discrimination, marginalization, or the erosion of equal opportunities.
- Examine Legislation and Practices: It scrutinizes existing and proposed laws, policies, customs, and traditions that may undermine equal opportunities in areas such as employment or human rights.
- Promote Public Awareness: The Commission develops educational programs to foster public awareness and understanding of equal opportunities, ensuring inclusivity in employment, education, and social services.
- Research and Advocacy: By organizing workshops, seminars, and public discussions, the Commission drives conversations on equality in employment, education, and societal roles. It also researches to inform its work.
- Recommendations and Guidance: It considers recommendations from various stakeholders on how to enhance equal opportunities and publishes guidelines to counteract customs or practices that undermine fairness.
- Monitor Compliance with International Standards: The Commission ensures Uganda adheres to international and regional treaties and conventions relevant to its mandate on equal opportunities.
- Perform Other Incidental Functions: The Commission is empowered to take any additional actions necessary to fulfil its core mandate of promoting and ensuring equality.
Dispute Resolution and Remediation
The Commission is authorized to address issues of discrimination or marginalization through alternative dispute resolution mechanisms, such as mediation, conciliation, and negotiation. This approach aims to rectify harmful practices, customs, or omissions that hinder equal opportunities.
Powers of the Commission
The Commission has broad powers similar to those of a court, enabling it to:
- Summon Individuals: The Commission can require any individual to appear before it to answer questions or provide testimony.
- Request Documentation: It can demand the production of relevant books, papers, or documents and inspect them. The Commission is also empowered to retain these materials for as long as necessary.
- Administer Oaths: Individuals appearing before the Commission may be required to swear an oath or affirmation, ensuring truthful testimony during investigations.
- Question Witnesses: The Commission can ask any person, including those under inquiry, to answer questions related to the investigation.
Penalties for Non-Compliance
Failure to comply with the Commission’s orders or engaging in misconduct during proceedings can result in legal penalties. Specifically, individuals may face penalties for:
- Failure to Appear: Ignoring a summons to appear before the Commission without a valid excuse.
- Failure to Produce Documents: Failing to comply with a summons to produce requested materials.
- Misbehavior During Proceedings: Disrupting the Commission’s proceedings, insulting its members, or refusing to answer questions after being sworn in.
Individuals found guilty of these offences can be fined up to 100 currency points or sentenced to a maximum of nine months in prison, or both.
The Complaint Process
One of the key functions of the Equal Opportunities Commission (EOC), as outlined in Section 23 of the Equal Opportunities Commission Act, 2007, is to receive, investigate, and, where possible, conciliate allegations of discrimination. The Commission has the legal authority to investigate complaints that fall within its mandate under the Act.
Key Information to Note
1. Why Lodge a Complaint?
The Equal Opportunities Commission Act, of 2007, seeks to prohibit and prevent marginalization and discrimination while promoting equal opportunities among individuals of different statuses. Under this Act, the Equal Opportunities Commission (EOC) and the Equal Opportunities Tribunal (EOT) were established to combat discrimination and promote equality of opportunity, as well as affirmative action.
2. Who Can Lodge a Complaint?
Any individual or group who believes they have been marginalized or discriminated against by another person or entity on the grounds of sex, age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion, or disability may complain.
3. Categories of Marginalization and Discrimination
For a complaint to be eligible, the alleged acts of marginalization or discrimination must fall into one or more of the following categories: age, sex, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion, or disability.
4. How to Lodge a Complaint
To file a complaint with the EOC, individuals must complete and submit a Complaint Registration Form, either by post, email or in person at the EOC offices or regional centres. The complaint is officially recognized once the form is fully completed, signed, and received by the EOC.
Please note that incomplete forms or anonymous complaints will not be processed. Individuals with special needs (e.g., requiring a sign language interpreter or accessible materials) should notify the EOC’s Secretary to make the necessary arrangements. Complaint Registration Forms are available online via the EOC website, at EOC offices, or regional centres, with plans underway to make them accessible at district headquarters across the country.
5. Information Required to Lodge a Complaint
When filing a complaint, the following details are necessary:
- Your contact information.
- Contact details of the person or entity being complained against.
- A brief description of the alleged act of discrimination or marginalization and the rights believed to have been violated.
- The date(s) of the alleged act(s).
- Possible witnesses.
- Supporting evidence (to be attached to the complaint form).
- Remedies are being sought.
6. Time Limits for Filing a Complaint
Complaints must be filed with the EOC within six months of the alleged act of discrimination or marginalization. Complaints submitted after this period will only be considered if exceptional circumstances justify the delay, as determined by the EOC.
The EOC will not investigate matters that:
- Are pending before a court or judicial tribunal.
- Involve relations between the Government of Uganda and a foreign state or international organization.
- Relate to the exercise of the prerogative of mercy.
- Involve matters of morality.
7. Where to Lodge a Complaint
Complaints can be submitted in person at the EOC offices, by post, email, or online through the EOC website. Complaints lodged online must be followed up with hard copies of the completed complaint registration form and supporting documents.
Expectation: What to Expect as a Complainant
The Investigating Officer handling your complaint will contact you to schedule an initial interview to discuss the details. During the investigation, you may be required to meet with the Investigating Officer multiple times. Additionally, you may be asked to provide further information or documentation supporting your complaint.
Complainants are encouraged to submit a signed, written statement outlining the factual allegations. This request will come from the Investigating Officer. The Commission will inform the respondent of the complaint, sharing a summary of the allegations. The respondent may also be asked to provide specific information or a detailed response, which the Commission will share with you.
Where appropriate, you may be invited to participate in conciliation to resolve the issue.
Report: After the Investigation
Upon completing the investigation, the Commission will prepare a report detailing its findings. The Commission will determine whether a breach of the Equal Opportunities Commission Act has occurred.
- If a breach is found, the matter may be referred to conciliation.
- If there is no evidence to support the complaint, both parties will be notified in writing, along with the reasons for the decision. The complainant will have 14 days to provide additional information if necessary.
- If no further information is submitted or the information provided is insufficient to reopen the complaint, the case will be officially closed, and no further action will be taken.
Conciliation
If a violation is found and conciliation is deemed appropriate, the matter will be referred for conciliation. Either party can also request conciliation at any stage of the investigation, provided both parties agree.
Conciliation is an informal process that allows both the complainant and the respondent to discuss the issues and attempt to reach a mutual resolution. This is not a court hearing, and the conciliator does not make judgments about the complaint. The conciliator’s role is to ensure fairness during the process and assist both parties.
The Conciliator is impartial and will set the standards for the meeting, including deciding how it will be conducted and advising both parties on how many people can attend. Legal representation is not necessary, but if either party chooses to hire a lawyer, they must cover the costs privately.
Conciliation is confidential and will not influence any further proceedings