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EQUAL OPPORTUNITIES COMMISSION ACT.

ARRANGEMENT OF SECTIONS.

PART I
PRELIMINARY.

   Section.

   1.   Interpretation.

PART II
ESTABLISHMENT AND MEMBERSHIP OF THE COMMISSION.

   2.   Establishment of Commission.

   3.   Independence of Commission.

   4.   Seal of Commission.

   5.   Composition of Commission.

   6.   Tenure of office of members of Commission.

   7.   Oath of members of Commission.

   8.   Remuneration and allowances of members of Commission.

   9.   Chairperson of Commission.

   10.   Members of Commission to relinquish particular offices.

   11.   Secretary and other staff of Commission.

   12.   Offices of Commission.

   13.   Meetings and procedure of Commission.

PART III
FUNCTIONS AND POWERS OF COMMISSION.

   14.   Functions of Commission.

   15.   Powers of Commission.

ART IV
FINANCIAL PROVISIONS.

   16.   Funds of Commission.

   17.   Commission to be self accounting body.

   18.   Commission's expenses to be charged on Consolidated Fund.

   19.   Financial year of Commission.

   20.   Estimates of Commission.

   21.   Accounts and audit.

   22.   Minister to lay report before Parliament.

PART V
MISCELLANEOUS PROVISIONS.

   23.   Lodging complaints.

   24.   Reports by Commission.

   25.   Representation by Counsel.

   26.   Immunity of Members of Commission and Staff.

   27.   Immunity of Witness.

   28.   Attendance allowance.

   29.   Appeals.

   30.   Application of Court rules.

   31.   Offences relating to administration of Act.

   32.   Regulations.

   33.   Minister's power to amend Schedule.

      First Schedule   Currency point.

      Second Schedule   Oaths.

EQUAL OPPORTUNITIES COMMISSION ACT.

Commencement: 18 May, 2007.

   An Act to make provision in relation to the Equal Opportunities Commission pursuant to articles 32(3) and 32(4) and other relevant provisions of the Constitution; to provide for the composition and functions of the Commission; to give effect to the State's constitutional mandate to eliminate discrimination and inequalities against any individual or group of persons on the ground of sex, age, race, colour, ethnic origin, tribe, birth, creed or religion, health status, social or economic standing, political opinion or disability, and take affirmative action in favour of groups marginalised on the basis of gender, age, disability or any other reason created by history, tradition or custom for the purpose of redressing imbalances which exist against them; and to provide for other related matters.

PART I
PRELIMINARY.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   "Commission" means the Equal Opportunities Commission established by section 2;

   "court" means a court of competent jurisdiction;

   "currency point" has the meaning assigned to it in the first Schedule to this Act;

   "discrimination" means any act, omission, policy, law, rule, practice, distinction, condition, situation, exclusion or preference which, directly or indirectly, has the effect of nullifying or impairing equal opportunities or marginalising a section of society or resulting in unequal treatment of persons in employment or in the enjoyment of rights and freedoms on the basis of sex, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability;

   "equal opportunities" means having the same treatment or consideration in the enjoyment of rights and freedoms, attainment of access to social services, education, employment and physical environment or the participation in social, cultural and political activities regardless of sex, age, race, colour, ethnic origin, tribe, birth, creed, religion, health status, social or economic standing, political opinion or disability;

   "gender" means the social and cultural construct of roles, responsibilities, attributes, opportunities, privileges, status, access to and control over resources and benefits between men and women, boys and girls in a given society.

   "marginalisation" means depriving a person or a group of persons of opportunities for living a respectable and reasonable life as provided in the Constitution;

   "Minister" means the minister responsible for gender, labour and social development;

   "Parliament" means the Parliament of Uganda;

   "person" includes any individual, firm, company, association, partnership or body of persons, whether incorporated or not;

   "sex" means the natural state of being male or female.

PART II
ESTABLISHMENT AND MEMBERSHIP OF THE COMMISSION.

2.   Establishment of Commission.

   (1) In accordance with article 32(3) of the Constitution, there is established a Commission called the Equal Opportunities Commission.

   (2) The Commission shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name and, may do, enjoy or suffer anything that bodies corporate lawfully do, enjoy or suffer.

3.   Independence of Commission.

   Subject to the Constitution, the Commission shall, in exercise of its functions, be independent and shall not be subject to the direction or control of any person or authority.

4.   Seal of Commission.

   (1) The seal of the Commission shall be—

   (a)   in such form as the Commission may determine;

   (b)   applied in such circumstances as the Commission may determine, subject to any written law; and

   (c)   kept under the custody of the Secretary.

   (2) Judicial notice shall be taken of the seal of the Commission and any document sealed with the seal shall be admissible in evidence.

5.   Composition of Commission.

   (1) The Commission shall consist of five members who shall include a Chairperson, Vice Chairperson, at least one person with a disability, a youth and two women.

   (2) The members of the Commission shall be appointed by the President with the approval of Parliament.

   (3) Members of the Commission shall be persons of high moral character and proven integrity and possess considerable experience in, and a record of commitment to, matters relating to the promotion of equal opportunities or human rights.

6.   Tenure of office of members of Commission.

   (1) A member of the Commission shall hold office on a full time basis for five years and is eligible for reappointment for one more term.

   (2) A member of the Commission may at any time resign his or her office in writing addressed to the President.

   (3) A member of the Commission may be removed from office by the President—

   (a)   for inability to perform the functions of his or her office arising out of infirmity of body or mind;

   (b)   for misbehaviour or misconduct;

   (c)   for incompetence

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