Recently, the government of Uganda conducted a that commenced national population census on 10^th May to 20^th May initially and later extended to 25^th May. Uganda last had a census 10 years ago in 2014 and at that time the Uganda Bureau of status established the population of Uganda to be 34.6 million people. [Uganda Bureau of Statistics (UBOS), The National Population and Housing Census 2014–Main Report (UBOS, 2016) Kampala, Uganda.] The 10 year span since the previous census has posed existing gap in the information on population  as well as other  the  crucial demographics essential  for the promotion of human rights such as age distribution, religion, citizenship and ethnicity, literacy levels, energy and cooking means, access to drinking water, access to health services, disability, labour activities most of which have been detailed in 2024 census tool kit as issues and data to be collected during the 2024 census.

A census has been defined to mean means a statistical operation in which all units (whole population) of interest are enumerated. [Article 1(d), Uganda Bureau of Statistics Act.] A population Census is the process of carrying out a total count of all persons within the territorial boundaries of a given state at a given period and disseminating the findings. The count captures both the numbers and characteristics of the persons. Most recently, population censuses are also used for capturing the housing conditions of the people, hence the naming of Population and Housing Census (PHC). The essential features of a PHC are individual enumeration, universality within a defined territory, simultaneity and defined periodicity. In the context of Uganda, a national population census has been used as basis for collection of information on the demographics of the population as well as the social economic characteristic of the population. This information is instrumental in government planning for the population through policy formation, monitoring and revaluation and development of development programs both at national and local government level.

Basing on this observation, it begs the question whether government failure to access and collect census information from an individual or a group of people or community has possible human rights implications and what would these be. Infact, despite the recently concluded census in Uganda, there is a possibility some peoples in Uganda were not “counted.” [“Counted” in this case means more than just head counting and comprises of collection of information from an individual relevant to the census according to the National Population and Housing Census (NPHC) 2024, Census Information Toolkit.] In the context of Uganda, the absolute possible of reaching everybody is questionable but this must be balanced against the possible human rights implications of not “counting” these people.

First and foremost, the constitution of Uganda [The constitution of the republic of Uganda as amended, 1995.] doesn’t contain the right to be “counted” in a census however the Uganda Bureau of statistics act provides for mandate of minster on the recommendation of the board of the Uganda Bureau of Statistics to direct that a census be taken. [Section 13 of the Uganda Bureau of Statistics Act.] This act was enacted and passed pursuant to parliament’s power to make laws for peace, order, development and good governance under article 79 of the constitution.

Certainly, the information collected during census is paramount to development and good governance reading from article 38 of the constitution of Uganda. Article 38 of the Constitution of Uganda guarantees citizen participation by providing that every Ugandan has the right to participate in the affairs of government, and to influence government policies. Part I (ii) of The National Objectives and Directive Principles of State Policy of the1995 Constitution of the Republic of Uganda (as amended) states that “The State shall be based on democratic principles which empower and encourage the active participation of all citizens at all levels in their own governance.” This active participation can be through the national census and submitting of information to government to enable proper and well directed national planning for the pollution and ensure effective social service delivery which forms the backbone of government obligation to promote and fulfil economic social and cultural rights .Thus government failure to “count” an individual or a group or community of people can thus constitute government failure on its part to respect, promote and fulfil the right to participation affair of government and influence government policies.

Drawing from this, government failure to collect information from people during the national census can also have significant future impacts on certain human rights that are provided for under the 1995 constitution of Uganda as well as the under the International Covenant on civil and political rights (ICCPR), [U.N. (1966). International Covenant on civil and political rights] the International Covenant on economic social and cultural rights (ICESCR) [U.N. (1966). International Covenant on Economic, Social and Cultural Rights (ICESCR).] as well as the African charter on human and peoples’ rights (ACHPR). [African Union (1986). African Charter on Human and Peoples Rights.]

1. The right to equality and non-discrimination

Certain minority tribes not expressly provided for under 56 indigenous tribes and communities provided for in the constitution. This can lead to indivisibility as many are forced to identify as part of recognised ethic groups or tribes for purposes of government activities such census or national id registration. These groups may be excluded since some are inaccessible owing living in hard-to-reach areas such as forests and thus may face systemic marginalization, leading to unequal access to services and resources. Furthermore, the lack of accurate data about their population may result into discriminatory policies that are insensitive to these minority tribes hence making it difficult to address the needs of these groups of people. The right to equality is paramount and is guaranteed under article 21 of the constitution of Uganda. Uganda also has state obligations under article 2 of the ICCPR and article 2 of the 2 of the ICESCR to ensure realisation of the rights under these covenants without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

2. The right to an adequate standard of living

The right to an adequate standard of living is not adequately provided for in the 1995 constitution of Uganda. However, under article 11 of the International Covenant on Economic, Social and Cultural Rights, states parties have an obligation recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The court in Steven Kalali v the Attorney General borrowed from international covenant on economic social and cultural rights to enforce the right to an adequate standard of living that provides for right to adequate food, clothing, housing which are applicable in Uganda. [Misc. Cause No. 88 Of 2022.] This right is at risk of potential violation because the exclusion from the census can result in inadequate planning and allocation of social services, such as healthcare, education, and housing.

3. The right to health

Exclusion from population data can lead to disparities in health care access. This is particular important because comprehensive and accurate census data is important for proper health care access planning by the government hence essential for the fulfilment and promotion of the right to health taking into account the principle of availability, affordability, accessibility, quality and non-discrimination provided for in general comment 14 on the right to health by the Committee on Economic social and cultural rights. The International Covenant on Economic, Social and Cultural Rights under article 12 provides for the right to the highest attainable standard of physical and mental health. This is the same wording for the provision on the right to health under article 16 of the African Charter on Human and Peoples’s rights.

The right to health in Uganda is not expressly provided for in 1995 constitution of Uganda but under is provided for in various national objectives and directive principles of state policy which under article 8A can be used in interpretation of the constitution [It was held by the constitutional court in Zachary Olum v Attorney General ([2000] UGCC 3) that the National objectives and Directive Principles of State Policy form an important part of the Constitution and are crucial canons in the interpretation of the Constitution, they are not justiciable.] namely, objective XIV on social and economic objectives, Objective XX on the state’s duty to ensure the provision of basic medical services to the population, Objective XXI which provides for clean and safe water at all levels and Objective XXII which provides for food security and proper nutrition.

4. The right to education

As reflected in the 2024 Census information toolkit, information intended to be collected and recorded include that on peoples’ educational level with purpose of gauging the literacy level in the country. This data is instrumental in planning for policies and program directed at provision of education services. The exclusion from the census would affect the ability to identify and address the educational needs of different population groups, particularly marginalized or disadvantaged communities. The right to education is provided for under article 30 of the constitution of Uganda. This right is also provided for under section 34 of the children act which provides for the right to rights of the child and these include the right to education. On an international level, the right to education is provided for under article 13 of the International Covenant on Economic, Social and Cultural Rights, article 28 of the Convention on the Rights of the Child and on the regional level under article 17 of the African Charter on Human and Peoples, and article 11 of the African Charter on the Rights and welfare of the child.

In conclusion, the aforementioned rights are not exhaustive and only shine a torchlight on the future human right issues that can arise from exclusion of peoples or a community of people from national census in Uganda. This can have broader implications affecting other rights enshrined in both national and international frameworks. Hence, ensuring everyone is “counted” in the census is crucial for the comprehensive protection and promotion of human rights in Uganda. It is essential for accurate data collection, which informs government policies and resource allocation, ensuring that all individuals and communities can effectively enjoy their rights and contribute to the country’s development.

Nuwe Ahereza Marvin