Adopt human rights approach to strengthen social protection

A human rights-based perspective is largely missing in Uganda’s social protection programmes. The Constitution lacks explicit provisions guaranteeing the right to social protection. Any provisions to support social protection work are inferred from implicit references scattered across various objectives and articles enshrined in the Constitution that mainly provide for maintenance of the welfare of the elderly and retirement benefits for public servants.

Uganda lacks comprehensive legislation on social protection for the most vulnerable groups. What exists are laws that provide for social security for persons formally employed in the public and private sectors.  Kenya, which has provided for social protection in its 2010 Constitution and enacted the Social Assistance Act of 2013, offers a good example in this regard. A strong constitutional and legislative framework is important for the protection of the right to social protection by providing institutional mechanisms for the realisation of the right. Similarly, it eases any efforts by citizens to judicially hold the government accountable for violation of the right.

The lack of a clear legal obligation conceivably accounts for the continued funding of social protection in Uganda as the Initiative for Social and Economic Rights’ (ISER) research has shown. Older persons only receive a meagre Shs25,000 per month under the Social Assistance Grant for the Elderly (SAGE) programme. Sadly, this amount has been constant since 2010 when the programme was launched. It has not been adjusted to consider economic shocks such as inflation, which have increased the cost of living over the years. Ironically, over the years, there have been multiple salary increments for public servants (which also increases their pension after retirement) on account of increased cost of living. The inadequacy of resources allocated to such programmes underscores the urgent need for revitalisation of the social protection system in Uganda.

A human rights perspective ensures equality and non-discrimination in the implementation of social protection programmes. It obligates states to design social protection programmes without barriers to access, ensuring structural discriminatory requirements do not infringe on people’ rights. 

The protocol provides for a comprehensive framework, which if ratified, would address our constitutional and legislative deficiencies. It provides a life-cycle approach to social protection covering all life stages; from childhood, youth hood, the employment, unemployment and old age.  It requires states to put in place legislative reforms, administrative and budgeting measures to prioritise social protection. The protocol, therefore, provides a good direction that Uganda can adopt in implementing its work on social protection.

By ratifying the Protocol to the African Charter on Human and People’s Rights on the Rights of Citizens to Social Protection and Social Security, Uganda will explicitly recognise social protection as a human right and will be obligated to realise, protect, and fulfil the right for all citizens. Uganda will be required to increase financing and put in place administrative mechanisms to address vulnerabilities stemming from economic hardships such as inflation, and climate change. By embracing social protection as a human right and aligning its policies with the standards outlined in the protocol, Uganda can forge a path towards a more equitable and inclusive society.

The writer is a legal fellow with the Initiative for Social and Economic Rights (ISER)