particular. Rolling out the SAGE Programme, therefore, will be one way of promoting the rights
of older persons to social security.”142
We are deeply concerned that Uganda’s national ID system, especially the
requirement to have a Ndaga Muntu in order to receive social rights, has erected a
sometimes insurmountable barrier for many women and older persons to access their
right to health and social security. As the Committee on Economic, Social and Cultural
Rights (CESCR) has held in its General Comment No. 14, the right to health in the CESCR
means that, “[Health] facilities, goods and services have to be accessible to everyone without
discrimination.”143 The principle of non-discrimination requires, according to the CESCR that,
“health facilities, goods and services must be accessible to all, especially the most vulnerable
or marginalized sections of the population, in law and in fact, without discrimination on any
of the prohibited grounds.”144 In General Comment No. 19, the CESCR has equally held that
the right to social security, “encompasses the right to access and maintain benefits, whether in
cash or in kind, without discrimination.”145 The right to access benefits also means, according
to the CESCR, that qualifying conditions for benefits “must be reasonable, proportionate and
transparent.”146
The fact that registering for and obtaining a Ndaga Muntu is arguably more difficult
for women and older persons, especially those living in poverty, that no special provisions
have been made to facilitate women and older persons to register and obtain a Ndaga Muntu,
and that women and older persons without a Ndaga Muntu are excluded from enjoying
their right to health and social security, are all factors that may amount to a violation of
their right, as Ugandan citizens, to health and social security without discrimination. Not
only is blocking access to Ndaga Muntu a potential human rights violation but the fact that it
disproportionately affects these specific groups suggests an unreasonable discriminatory
practice as well. For healthcare workers, the impact of the national ID on access so far has
been clear. One nurse summarized this well when we spoke with her, “although a person
has a right to identity, the ID card should not be extended to health service provision because it
is a matter of life and death.”
This not only follows from international human rights law, but also from the
Ugandan Constitution. Article 21 of the Constitution establishes that, “[a]ll persons are
equal before and under the law in all spheres of political, economic, social and cultural life
and in every other respect and shall enjoy equal protection of the law,” and, “a person shall
not be discriminated against on the ground of sex, race, colour, ethnic origin, tribe, birth, creed
or religion, social or economic standing, political opinion or disability.” Women are afforded
special consideration, and under Article 33, which states that the “State shall provide the
facilities and opportunities necessary to enhance the welfare of women to enable them to fulfil
their full potential and advancement.” Uganda has also endorsed the Madrid International
Plan of Action on Aging in 2012 (MIPAA), which recognizes discrimination against older
persons as a violation of fundamental human rights.
An additional human rights concern is the absence of effective remedies to
address these potential human rights violations. The CESCR has held that, “Any person
or group victim of a violation of the right to health should have access to effective judicial or
other appropriate remedies at both national and international levels.”147 State parties are also
obliged to monitor effectively the right to social security and the right to health.148 As we
will further discuss below, the complete absence of an accountability mechanism where
individuals can complain about their inability to obtain a Ndaga Muntu and the resulting
62
Chased Away and Left to Die
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