Myths or realities: an interrogation into the legal, policy framework and jurisprudence of equal entry employment opportunities in Uganda

Abstract

The concept of Equal Employment Opportunities (EEO) is an essential consideration in eliminating employment discrimination and bridging the gap between female employees, Persons with Disabilities, and other categories of workers. This study inquires into the adequacy of the legal/policy framework and jurisprudence governing EEO and whether it offers a robust foundation for enjoying the rights to work and freedom from discrimination in employment in Uganda. Consequently, the study focuses on employment recruitment, retention, and workplace treatment to assess the adequacy of the laws, policies, and institutions generally. To achieve that, the study employs desk review, interviews with the aid of the sampling method, and comparative study to answer the framed research questions. The study submits that a host of international instruments ratified and domesticated by Uganda regarding EEO exist but a gap persists with respect to enforcement on the part of government, and compliance by the employers. This is worsened by ignorance of employees of their rights and redress mechanisms. Further, domestic institutions have played a cardinal role in the protection of the rights to dignity, work, and freedom from discrimination but challenges regarding duplicity of roles, forum choice and limited accountability amongst the quasi-judicial bodies persist. Moreover, a comparative study from Kenya, Rwanda, and South Africa demonstrates that with calculated amendments and a harmonized legal and institutional framework, a paradigm shift in EEO would be easily attainable. Ultimately, the study recommends that: 1) Government harmonizes the legal and institutional framework to achieve coherence and easy enforcement; 2) Adjudicatory bodies’ accountability obligations should be tightened to ensure more efficient delivery of justice; 3) Employers should adopt diverse, inclusive and transparent work environments additional to mandatory training of employees in their rights and redress mechanisms and; 4) Employees should utilise the adjudicatory process in order to obtain satisfactory remedies.