The Equal Opportunities Commission (EOC)
The Equal Opportunities Commission (EOC)
Location : Email : info@eoc.go.ug
The Equal Opportunities Commission is a statutory body established by an Act of Parliament to effectuate Article 32(3) of the Constitution of Uganda.
The following key provisions of the Equal Opportunities Act give details about the establishment of the Commission, its membership and independence.

The Equal Opportunities Act provides as follows:

THE EQUAL OPPORTUNITIES ACT

DOWNLOAD THE EQUAL OPPORTUNITIES ACT 2007
DOWNLOAD THE EQUAL OPPORTUNITIES ACT 2007
THE EQUAL OPPORTUNITIES POLICY

DOWNLOAD THE EQUAL OPPORTUNITIES POLICY
DOWNLOAD THE EQUAL OPPORTUNITIES POLICY
SECTION 2
ESTABLISHMENT OF THE COMMISSION

SECTION 2
ESTABLISHMENT OF THE COMMISSION

SECTION 2
ESTABLISHMENT OF THE COMMISSION

ESTABLISHMENT OF THE COMMISSION
In accordance with article 32 (3) of the Constitution, there is established a Commission called the Equal Opportunities Commission.
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.
SECTION 3
INDEPENDENCE OF THE COMMISSION

SECTION 3
INDEPENDENCE OF THE COMMISSION

SECTION 3
INDEPENDENCE OF THE COMMISSION

INDEPENDENCE OF THE 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.

SECTION 4
SEAL OF THE COMMISSION

SECTION 4
SEAL OF THE COMMISSION

SECTION 4
SEAL OF THE COMMISSION

SEAL OF THE COMMISSION
The seal of the Commission shall be:
in such form as the Commission may determine;
applied in such circumstances as the Commission may determine, subject to any written law; and
kept under the custody of the Secretary.
Judicial notice shall be taken of the seal of the Commission and any document sealed with the seal shall be admissible in evidence.
SECTION 5
COMPOSITION OF THE COMMISSION

SECTION 5
COMPOSITION OF THE COMMISSION

SECTION 5
COMPOSITION OF THE COMMISSION

COMPOSITION OF THE COMMISSION
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.
The members of the Commission shall be appointed by the President with the approval of Parliament.
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.
SECTION 6
TENURE OF OFFICE OF MEMBERS OF COMMISSION

SECTION 6
TENURE OF OFFICE OF MEMBERS OF COMMISSION

SECTION 6
TENURE OF OFFICE OF MEMBERS OF COMMISSION

TENURE OF OFFICE OF MEMBERS OF COMMISSION
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.
A member of the Commission may at any time resign his or her office in writing addressed to the President.
A member of the Commission may be removed from office by the President:
For inability to perform the functions of his or her office arising out of infirmity of body or mind;
For misbehavior or misconduct;
For incompetence;
If the member is absent without prior communication to the Chairperson for more than four consecutive meetings of the Commission, or is absent from Uganda for more than twelve consecutive months;
If the member is or becomes bankrupt or insolvent or enters into a composition scheme with his or her creditors; or
If the member is convicted of an offence involving dishonesty, fraud or moral turpitude.
A member of the Commission shall not be removed from office:
Under paragraph (3) (a), unless the Medical Board certifies that the person concerned is unable to perform the functions of the Commission;
Under paragraphs (3) (b) to (d), unless the person concerned is notified in writing and given an opportunity to defend himself or herself.
Where a member is removed from office under this section, the President may appoint another person in accordance with section 5 to replace that member and the person appointed shall hold office for the remainder of the term of the member removed.


SECTION 7
OATH OF MEMBERS OF THE COMMISSION

OATH OF MEMBERS OF THE COMMISSION
Every member of the Commission shall, before assuming his or her duties under this Act, take and subscribe to the oath specified in the Second Schedule to this Act.


SECTION 8
REMUNERATION AND ALLOWANCES OF MEMBERS OF THE COMMISSION

REMUNERATION AND ALLOWANCES OF MEMBERS OF THE COMMISSION
Emoluments of the members of the Commission shall be prescribed by Parliament and shall be a charge on the Consolidated Fund.


SECTION 9
CHAIRPERSON OF THE COMMISSION

CHAIRPERSON OF THE COMMISSION
The Chairperson of the Commission shall:
be the head of the Commission;
preside over or chair all meetings of the Commission;
be responsible for the general direction of the affairs and administration of the Commission; and
monitor and supervise the work of the Secretary.
The Vice-Chairperson shall deputize for the Chairperson and perform such other functions as the Chairperson or the Commission may assign.


SECTION 10
MEMBERS OF THE COMMISSION TO RELINQUISH PARTICULAR OFFICES

MEMBERS OF THE COMMISSION TO RELINQUISH PARTICULAR OFFICES
A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission:

A member of Parliament;
A member of the East African Legislative Assembly;
A member of a local government council;
A member of the executive of a political party or organization at all levels; or
A public officer.STRUCTURE OF THE COMMISSION
THE COMMISSION
The governing body of the EOC is the Commission, which is composed of a Chairperson, a Deputy Chairperson and three other members appointed by the President, with the approval of Parliament.

They serve for a period of five years and are eligible for re-appointment once.

THE SECRETARY TO THE COMMISSION
The Commission also has a Secretary to the Commission who is the Accounting Officer and in charge of overseeing the day-to-day running of the Commission, heads the management team and is the Secretary to Commission meetings.

The office of the Secretary is also charged with overseeing the public affairs, planning and editorial functions of the Commission.FUNCTIONS OF THE EOC
1
The functions of the Commission are to monitor, evaluate and ensure that policies, laws, plans, programs, activities, practices, traditions, cultures, usages and customs of:

Organs of state at all levels;
Statutory bodies and agencies;
Public bodies and authorities;
Private businesses and enterprises;
Non governmental organizations, and
Social and cultural communities,
Are compliant with equal opportunities and affirmative action in favour of groups marginalized on the basis of sex, race, colour, ethnic origin, tribe, creed, religion, social or economic standing, political opinion, disability, gender, age or any other reason created by history, tradition or custom.

2
Without prejudice to the generality of subsection (1) the Commission may:

Investigate or inquire into, on its own initiative or on a complaint made by any person or group of persons, any act, circumstance, conduct, omission, programme, activity or practice which seems to amount to or constitute discrimination, marginalization or to otherwise undermine equal opportunities;
Examine any law, proposed law, policy, culture, tradition, usage, custom or plan which is likely to have effect of nullifying or impairing equal opportunities to persons in employment or enjoyment of human rights.
Develop, conduct and manage information and educational programs to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services;
Undertake research and organize, coordinate and promote workshops, seminars, conferences and public discussions on equal opportunities and treatment in employment, education, social services or social and cultural construct of roles and responsibilities in society;
Consider such recommendations, suggestions and requests concerning the promotion of equal opportunities as it may receive from any source;
Prepare and publish, guidelines for implementation of equal opportunities and the avoidance of acts, practices, usage, customs, tradition or cultures that undermine equal opportunities;
Monitor the compliance, in Uganda, with the provisions of international and regional conventions, treaties and other instruments to which Uganda is a party, that relate to or are relevant to the functions and objects of the Commission;
perform such other functions that are incidental or conducive to the above functions.
3
The Commission may rectify, settle or remedy any act, omission, circumstance, practice, tradition, culture, usage or custom that is found to constitute discrimination, marginalization or which otherwise undermines equal opportunities through mediation, conciliation, negotiation, settlement or other dispute resolution mechanism.

4
Subject to subsection (3) the Commission may hear and determine complaints by any person against any action, practice, usage, plan, policy programme, tradition, culture or custom followed by any organ, body, business organization, institution or person which amounts to discrimination, marginalization or undermines equal opportunities.

POWERS OF THE COMMISSION
1
In the performance of its functions under this Act, the Commission shall have the powers of a court to:

Require the attendance before the Commission of any person;
Require the production of any books, papers or documents;
Inspect any books, papers, materials or documents produced before it or otherwise and;
Retain any such books, papers, materials, or documents for such reasonable period as the Commission deem fit;
Make copies of any of them, or their contents;
Require any person to make oath or affirmation to answer truthfully all questions put by member s of the Commission relating to any matter being inquired into by the Commission;
Require any person appearing before the Commission, including the person whose conduct is subject to an inquiry, whether summoned to appear or not, to answer any question put by any member of the Commission, or by any other person appearing before the Commission.
2
Subject to subsection (3), where a person:

Who has been served with a summons to attend before the Commission fails without reasonable excuse to attend in obedience to the summons; or
Who has been served with a summons to produce any books, papers, materials or documents fails without reasonable excuse to comply with the summons;
Misbehaves before the Commission, willfully insults the Commission or a member of the Commission, or interrupts the proceedings of the Commission;
Refuses to be sworn or to affirm or to answer a question when required to do so by the Commission, that person commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred currency points or imprisonment not exceeding nine months or both.
3
In the course of its proceedings, the Commission may:

Receive in evidence the transcript of evidence in proceedings before a court or tribunal and draw such conclusions of fact from that evidence as it considers proper; or
Adopt, as in its discretion it considers proper, any findings, decision or judgment of a court or tribunal that may be relevant to the proceedings.
4
In the discharge of its functions, the Commission may:

Refer any matter to any other institution, body, tribunal or authority which, in the opinion of the Commission can best handle that matter;
Recommend to or order any institution, body, authority or person to adopt or take particular steps or action which, in the opinion of the Commission will promote equal opportunities;
Recommend to any Minister, institution, body or authority to adopt a new legislation which is promoting equal opportunity, and the institution, body, authority, person or Minister shall implement or cause the implementation of the recommendation within six months from the date of communication of the recommendation. Powers of the Commission
5
The Commission may, in writing, delegate to a member of the Commission any of its powers or functions under this Act other than this power of delegation.

6
The Commission shall not investigate:

Any matter which is pending before a court or judicial tribunal or is under investigation by another constitutional commission.
A matter involving the relations or dealings between the Government of Uganda and the government of any foreign state or international organization;
A matter relating to the exercise of the prerogative of mercy; or.
Any matter involving behaviour which is considered to be:
Immoral and socially harmful, or
Unacceptable, by the majority of the cultural and social communities in Uganda.
7
In the performance of its functions, the Commission:

May establish its opera tional guidelines and rules of procedure;
May request the assistance of any department, bureau, office, agency or person in the performance of its functions; and
Shall observe the rules of natural justice.
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