mismanagement at NIRA, continuing on the current path is a recipe for
disaster. Section 69 (5) of the Registration of Persons Act, which states that
the renewal of the NIC should be on application by the holder, will likely
have to be amended, as will NIRA regulations that stipulate that an NIC
expires after 10 years.
4.
76
(ii)
To commission an independent cost-benefit analysis that gives a full
and honest accounting of all the money spent on the Ndaga Muntu system
since its inception versus the benefits already realized and realistically to
be expected in the near future. Such a cost-benefit analysis should ideally
be undertaken by an institution removed from the political debate on
Ndaga Muntu itself and without a stake in its outcome. The cost-benefit
analysis should incorporate not just the perspective of the government,
as the main investor in the system, but also of individuals who are the
‘end users’ of the system, including by considering exclusion and impact
on their human rights as a ‘cost’. What is more, it is important that both
the process of designing and conducting the cost-benefit analysis as well
as the eventual final analysis are open to scrutiny by the public, publicly
available and as transparent as possible;
(iii)
To conduct a full and thorough analysis of the operational changes that are
necessary, including the funding needed to enable such changes, to make
registration for Ndaga Muntu, receiving a NIN and NIC and replacing
an NIC easy, free, and universally accessible;
(iv)
To create a detailed strategy and operational plan that sets out how NIRA
will be able, in terms of capacity and funding, to register every birth and
death in Uganda and make the issuance of birth and death certificates
easy, free and universally accessible. The design and implementation of
the plan should be open to public scrutiny and involve the participation of
civil society organizations and affected communities.
It is important to establish accountability mechanisms for Ndaga Muntu.
Under Section 83 of ROPA, NIRA was meant to set up an ‘identification and
registration committee’ to “adjudicate over matters arising and or related to
registration” under ROPA. NIRA is also required by Section 83 of ROPA to publish
general rules and guidelines to be used by this committee, the decisions of
which can be appealed before the High Court. As of writing this report, however,
we have not been able to ascertain whether this committee has ever been set
up, whether it has published general rules or guidelines and whether it has
dealt with any complaints or questions. We urge NIRA and the government of
Uganda to set up the committee, publish the general rules and guidelines to be
used by this committee, and communicate these guidelines and processes to
the general public. The setting up of the committee and its general rules and
guidelines should be open to a public consultation. It will be essential that the
committee will establish an easy, free, and universally accessible complaints
procedure that can deal with instances of exclusion and human rights violations
in the context of Ndaga Muntu and that regularly publishes detailed statistics on
Chased Away and Left to Die
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