CHAPTER THREE: SITUATIONAL ANALYSIS
3.5 Social Service delivery by private actors
In Africa, there is a growing rate of service provision by the private actors and this is attributed to the recognition that some bilateral donors and international institutions increasingly put pressure on African Countries to privatize or facilitate access to private actors in service delivery particularly health and education sectors, without consideration for State Parties’ obligations under the African Charter (ACHPR / Res. 420 (LXIV) 2019).
NRM Manifesto 2021-2026 is committed to delivering social services like education and health, noting that “an educated and healthy population is key in improving people’s standards of living.” NDP III states that the government will work with the private sector on Human Capital Development to ensure that the resource-led sustainable industrialization process is both sustainable and beneficial to its citizens. In Uganda, the private sector is gradually playing a prominent role in service delivery, in areas which were the traditional domain of the State, through purely private engagements as well as Public Private Partnerships (PPPs). The rapid increase of the private sector development has not been matched by adequate regulation on protection and fulfilment of human rights within the context of businesses.
Although the government has passed the PPP Act (2010), PPP Guidelines and has a National Strategy for Private Sector Development 2017/18-2021/22 in place; there is no legal requirement to enforce respect for and compliance with human rights standards.
The rising cost of social services provided by private actors has resulted in unaffordability of these services. From the stakeholder consultations, it emerged that the private social service providers were viola ng rights of the public through charging exorbitant fees for their services, demanding for cash pay prior to service delivery particularly in health sector, displaying discrimination in employment opportunities, under payment of their staff among others.
The Africa Commission on Human and Peoples Rights (Resolution 420) recognising these challenges; has implored State Parties to enact legislative and policy frameworks regulating private actors in social service delivery and ensure that their involvement is in conformity with regional and international human rights standards.