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Uganda's legal obligations with respect to refugees and IDPs are based on a number of international and African treaties relating to human rights and forced migration, as well as on national law.

International Conventions and Covenants

Below is a list of relevant international conventions and protocols with dates of accession or ratification by the Government of Uganda, in order of their entry into force. The links are to the full text of the conventions at the official UN Office of the High Commissioner for Human Rights (UN OHCHR) website. The information below is correct as of December 2005.

 

Convention Short Form Date of Accession (a) or Ratification (r)
Geneva Convention relative to the Protection of Civilian Persons in Time of War
GCIV
18 May 1964r/a
Protocol relating to the Protection of Victims of International Armed Conflicts
Protocol I
13 Mar 1991r/a
Protocol relating to the Protection of Victims of Non-International Armed Conflicts
Protocol II
13 Mar 1991r/a
Convention relating to the Status of Refugees[1]
1951 Refugee Convention
27 Sep 1976a
Protocol relating to the Status of Refugees
1967 Protocol
27 Sep 1976a
International Covenant on Economic, Social and Cultural Rights
CESCR
21 Apr 1987a
International Covenant on Civil & Political Rights
CCPR
21 Sep 1995a
Optional Protocol to the International Covenant on Civil and Political Rights[2]
CCPR-OP1
14 Feb 1996
Second Optional Protocol to the International Covenant on Civil and Political Rights
CCPR-OP2
not a party
International Convention on the Elimination of All Forms of Racial Discrimination
CERD
21 Dec 1980a
Convention on the Elimination of All Forms of Discrimination Against Women
CEDAW
21 Aug 1985r
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination Against Women
CEDAW-OP
not a party
Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment[3]
CAT
26 Jun 1987a
Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CAT-OP
not a party
Convention on the Rights of the Child
CRC
16 Sep 1990r
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict[4]
CRC-OP-AC
6 Jun 2002a
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
CRC-OP-SC
18 Jan 2002a
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families[5]
CMW
1 Jul 2003a

Declarations and Reservations

[1] Declarations:
"(1) In respect of article 7: The Government of the Republic of Uganda understands this provision as not conferring any legal, political or other enforceable right upon refugees who, at any given time, may be in Uganda. On the basis of this understanding the Government of the Republic of Uganda shall accord refugees such facilities and treatment as the Government of the Republic of Uganda shall in her absolute discretion, deem fit having regard to her own security, economic and social needs.

(2) In respect of articles 8 and 9: The Government of the Republic of Uganda declares that the provisions of articles 8 and 9 are recognized by it as recommendations only.

(3) In respect of article 13: The Government of the Republic of Uganda reserves to itself the right to abridge this provision without recourse to courts of law or arbitral tribunals, national or international, if the Government of the Republic of Uganda deems such abridgement to be in the public interest.

(4) In respect of article 15: The Government of the Republic of Uganda shall in the public interest have the full freedom to withhold any or all rights conferred by this article from any refugees as a class of residents within her territory.

(5) In respect of article 16: The Government of the Republic of Uganda understands article 16 paragraphs 2 and 3 thereof as not requiring the Government of the Republic of Uganda to accord to a refugee in need of legal assistance, treatment more favourable than that extended to aliens generally in similar circumstances.

(6) In respect of article 17: The obligation specified in article 17 to accord to refugees lawfully staying in the country in the same circumstances shall not be construed as extending to refugees the benefit of preferential treatment granted to nationals of the states who enjoy special privileges on account of existing or future treaties between Uganda and those countries, particularly states of the East African Community and the Organization of African Unity, in accordance with the provisions which govern such charters in this respect.

(7) In respect of article 25: The Government of the Republic of Uganda understands that this article shall not require the Government of the Republic of Uganda to incur expenses on behalf of the refugees in connection with the granting of such assistance except in so far as such assistance is requested by and the resulting expense is reimbursed to the Government of the Republic of Uganda by the United Nations High Commissioner for Refugees or any other agency of the United Nations which may succeed it.

(8) In respect of article 32: Without recourse to legal process the Government of the Republic of Uganda shall, in the public interest, have the unfettered right to expel any refugee in her territory and may at any time apply such internal measures as the Government may deem necessary in the circumstances; so however that, any action taken by the Government of the Republic of Uganda in this regard shall not operate to the prejudice of the provisions of article 33 of this Convention."

[2] Reservation:
"The Republic of Uganda does not accept the competence of the Human Rights Committee to consider a communication under the provisions of article 5 paragraph 2 from an individual if the matter in question has already been considered under another procedure of international investigation or settlement."

[3] Declaration:
"In accordance with Article 21 of the Convention, the Government of the Republic of Uganda declares that it recognizes the competence of the Committee against Torture to receive and consider communications submitted by another State party, provided that such other State Party has made a declaration under Article 21 recognizing the competence of the Committee to receive and consider communications in regard to itself."

[4] Declaration:
"The Government of the Republic of Uganda declares that the minimum age for the recruitment of persons into the armed forces is by law set at eighteen (18) years. Recruitment is entirely and squarely voluntary and is carried out with the full informed consent of the persons being recruited. There is no conscription in Uganda.

The Government of the Republic of Uganda reserves the right at any time by means of a notification addressed to the Secretary-General of the United Nations, to add, amend or strengthen the present declaration. Such notifications shall take effect from the date of their receipt by the Secretary-General of the United Nations."

[5] Reservation:
"The Republic of Uganda cannot guarantee at all times to provide free legal assistance in accordance with the provisions of article 18 paragraph 3(d)."


Regional Instruments

Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention, 1969)

African (Banjul) Charter on Human and Peoples' Rights (1981)

Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (1995)

African Charter on the Rights and Welfare of the Child (1990)


Other Relevant Documents

Universal Declaration of Human Rights (1948)

The Addis Ababa Document on Refugees and Forced Population Displacements in Africa (1994)

Guiding Principles on Internal Displacement (1998)

Other key UN Human Rights documents

Other key African Union documents