AN ANALYSIS ON WHETHER THE EMPLOYMENT LAWS CATER FOR THE

RIGHTS AND NEEDS OF PEOPLE WITH DISABILITIES IN UGANDA

CHAPTER 3

Introduction

This chapter looks at the findings and results of the research made inline with the main objective
and methodologies of the study as outlined in chapter one. This chapter contains interviews
responded too and report reviews. This chapter is majorly the main body of the study and it looks
at the perception of the people interviewed. This chapter focuses on looking at the inclusion of
people with disabilities in the employment laws and the things lacking in the employment laws.

There were two people interviewed one is male and another female who are both visually
impaired. One is employed and another is unemployed (job seeker). They both gave their
dissatisfaction with the employment laws regarding the rights of people with disabilities and how
they do not cater for the rights and needs of the people with disabilities.

a) Deduction of taxes on organizations or companies hiring people with disabilities.

Participant (1) expressed that:

The law on deduction of taxes to employers who hire people with disabilities is not clear and
clear in all the acts concerning employment of people with disabilities including the employment
act. he stated that for people with disabilities to continue to be hired in these organizations or
companies, that law should be clear in the acts and it should be stated in all the employment laws
catering for the marginalized group of people.1

This law is only provided for in the people with disabilities act 2020 which states that under
Section 9 (5) Of the People with Disabilities Act 2020 provides that an employer shall be
allowed deductions of up to ten percent on the chargeable income.

The above expression suggests that the government should sit and make this law emphasized in
all the specific acts. This also means that this law gives people with disabilities something to rely

1
Interview with Musimme ralph one of the visually impaired on 31.03.2023
on that will give them employment and therefore, if it is clear and stated in all the specific acts
then it would be taken seriously and that gives the people with disabilities hope that they might
be employed with such opportunities as tax exemptions. The employers will benefit from it as to
pay less taxes to the government. It creates a win situation for both the employer and the people
with disabilities.

b) Remuneration is another important aspect

Renumeration according to the oxford dictionary is referred to as any type of compensation or

Participant 1 expressed the need for remunerations to be emphasized in laws to people with
disabilities especially when it came to medical situations. Section 9(3)(d) of the people with
disabilities act 2020 provides that an employer discriminates a person with a disability when the
remuneration or benefits given to an employee with a disability is less than that given to the
other employees who perform similar tasks. 2

He stated that renumerations concerning people with disabilities should be more towards the
people with disabilities which the act doesn’t provide for because they are at a more
disadvantage compared to the employees who are normal. People with disabilities should be
given more medical benefits compared to everyone else.

The above expression suggests that persons with disabilities cope with the same medical
insurance plans as everyone else which keeps them at a disadvantage because there equipments
are more expensive and therefore, it would make it hard for the employee with a disability keep
in work because they can’t afford their medical equipments on their salary. Therefore, it is
reasonable for the remunerations of the employees of people with disabilities to be more than
normal employees of the company or organization.

c) Personal Assistants

Participant 1 stated that there is need of help in situations where they need help carrying out
some work. He stated that most of them needed help especially the visually impaired when
reading texts while making lesson notice mostly in Braille. He expressed that sometimes it is
2
Interview with Musimme ralph one of the visually impaired on 31.03.2023
very necessary to have someone besides you so as to do certain work. Most of them are forced to
get expensive phones such as iPhone because they have applications that help them read the texts
out loud and therefore it becomes expensive for people with disabilities.

He expressed that it is a big burden to keep on asking colleagues for help when they are also
doing the same work and are busy. He expressed that the laws should provide that employers
should provide personal assistants with different understanding of the different disabilities to
assist the employees with disabilities with work which they cannot do alone.3

The above expression suggests that persons with disabilities in their places of employment rely a
lot on colleagues which can be very challenging to them and their colleagues. This may also put
the ability of the persons with disability at risk at their place of employment especially in
situations where the colleague might not understand the disability and not know what to do or
how to help. This finding is inline with the report of mala [Link] (2011) where it stated that
persons with visual impairment cope by ensuring that they maintain relationships with their
colleagues. To avoid being a liability to the colleagues, there should be reasonable provisions for
persons with disabilities in the employment laws that emphasize the need for well-trained
personal assistants that are specifically to assist people with disabilities.

In another report coping with the unfriendly working environment in public service
employment in Uganda in line with this provided that some of the persons with disabilities use
relatives and friends at work and which sometimes in some work places is unethical. Therefore,
the laws should provide and emphasize and be clear in all acts about the need to provide for
personal assistants to persons with disabilities.

d) Another dissatisfaction with the laws was that the employment of the heads of the
department.

Participant 1 expressed that if a department in charge of people with disabilities sizes to have
people with disabilities then the rights of people with disabilities seize to exist. He stated that
the department in charge of persons with disabilities had no people who are actually disabled
and that is the Ministry of gender and labour.

3
Interview with Musimme ralph one of the visually impaired on 31.03.2023
 Article 78 of the 1995 constitution of Uganda as amended states that a parliament shall
consist of such numbers of representatives of the army youth workers, persons with
disabilities and other groups as parliament may determine. This clearly shows that anyone as
long as voted in power whether has a disability or not can represent people with disabilities.
Article 113 of the 1995 constitution of Uganda has the no provision for people with
disabilities.

Participant 1 expressed discontent with these laws because then the employment rights of
people with disabilities are sidelined since they have no one with an actual disability
representing them. Participant 1 clearly stated that the Government should improvise
provisions for persons with disability to be represented by someone with a disability and not
a regular person for better implementations of the laws that cater for the rights of people with
disabilities.4

The above expressions mean that people with disabilities are discontent with the fact that the
departments in charge of people with disabilities such as the Ministry of Gender and Labour
don’t have provisions in the laws that cater for the employment of only people with
disabilities in the representatives. Their employment rights seize to exist because they do not
have people to represent them that are like them. Therefore, it is reasonable that the laws
should only improvise provisions that only people with disabilities should represent them in
those departments.

e) Implementation of the laws

Participant 1 stated that the biggest challenge is implementation of the laws. This means
there are no strict implementations5.

Participant 2 stated regardless of the laws existing, there is no implementation as such their
rights are being violated. The people with disabilities act 2020 provides section 10 provide
that employers should provide accommodation to people with disabilities, such as ramps,

4
Interview with Musimme ralph one of the visually impaired on 31.03.2023

5
Interview with Musimme ralph one of the visually impaired on 31.03.2023
 braille’s and many others but participant 2 emphasized that there are unfavorable working
conditions for them, therefore, implementation is a big challenge.

Participant 2 still went ahead and stated that organizations do not have the technical devices
as that they claim to be expensive to provide thus leading to unemployment to the people
with disabilities and that they are being denied jobs because of their disability which is also
provided for under section 9 of the people with disabilities act 2020. She emphasized that
there is no implementation and that the ways of implementation should be strict and heavy. 6

Participant 1 and 2 emphasized that the sanctions to disobeying those laws should become
stricter and heavier for a better implementation.

Therefore, in regards to the expressions above, it is more reasonable to make increase the
sanctions of the law for better implementation of the laws.

f) Provision of the tools needed for people with disabilities.

Participant 1 stated that for people with disabilities to work they need the provision of these
tools to perform their specific tasks according to their disabilities. 7

Participant 2 stated that every disability has its own needs and she went further ahead to state
that so many of these companies and organizations do not have the technical devices as they
claim to be expensive, ramps are lacking and poor infrastructure in general, braille’s are not
being provided for making it hard for the people with disabilities to carry out their tasks or job.
Participant 2 went further ahead and stated that the Government should include it in the laws
that it should be the one to provide the equipments needed for the people with disabilities. There
should be a provision in the employment laws stated clearly in all acts that the Government will
provide these necessary equipments. This will increase the employment rate of people with
disabilities with such laws in place.8

Therefore, with the expressions above it is reasonable that the Government provides the
equipments and provides a provision in all the employment laws acts that the Government will
be the one to provide the equipments in various sectors that cater for people with disabilities so

6
Interview with Esther (visually impaired) on 19.05.2023
7
Interview with Musimme ralph one of the visually impaired on 31.03.2023
8
Interview with Esther (visually impaired) on 19.05.2023
as to promote employment rights of people with disabilities so that they can be included in the
employment sectors without interference.