POLICY, REGULATIONS AND PROCEDURES

THE CONSTITUTION FOR THE REPUBLIC OF UGANDA

Article 108A of the Constitution mandates the Prime Minister to:

  • Be the Leader of Government Business in Parliament and be responsible for the coordination and implementation of Government Policies across Ministries, Departments and other Public Institutions.
  • Perform such other functions as may be assigned to him or her by the President or as may be conferred on him or her by the Constitution or by law.

(Article 189 (1), sixth schedule, Item 5 states one of the functions of the Office of the Prime Minister as, coordinating the development of capacities for prevention, preparedness, and response to natural and human induced disasters and refuges

THE INTEGRATION OF REFUGEE MANAGEMANT AND PROTECTION INTO THE NDPII

NDPII Chapter 14.4 Public Sector Management.

Objective: To enhance national response capacity to refugee emergency management.

Foundation of international refugee law

Interventions

1. Formulate and implement a national refugee policy.

2. Develop and implement a Refugee Settlement Transformative Agenda.

3. Develop and implement contingency plan for refugee emergencies.

4. Review domestic laws governing refugees.

5. Develop and implement projects and programs for refugees and refugee hosting areas.

6. Receive and grant asylum to refugees in accordance with national, regional and international covenants.

INTERNATIONAL AND NATIONAL LEGISLATION

Uganda’s refugee protection and management is premised on both International and National legislation including;

INTERNATIONAL LEGISLATION
  • The 1951 Convention
  • The 1967 Protocol
  • The 1969 OAU Convention
NATIONAL LEGISLATION
  • The Refugees Act, 2006
  • The Refugees Regulations, 2010
INTERNATIONAL LEGISLATION
THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES ENTAILS (BRIEFLY);
  • FOUNDATION OF INTERNATIONAL REFUGEE LAW
  • DEFINES WHO A REFUGEE IS
  • SETS MINIMUM STANDARDS FOR THE TREATMENT OF PERSONS WHO ARE FOUND TO QUALIFY FOR REFUGEE STATUS
  • AS A NEW REFUGEE CRISIS EMERGED DURING THE LATE 1950’S AND EARLY 1960’S, IT BECAME NECESSARY TO WIDEN THE SCOPE OF THE CONVENTION – THUS, A PROTOCOL TO THE CONVENTION WAS DRAFTED AND ADOPTED.

THE 1967 PROTOCOL RELATING TO THE STATUS OF REFUGEES;

  • THIS IS INDEPENDENT OF, THOUGH INTEGRALLY RELATED TO THE 1951 CONVENTION
  • BY ACCEDING TO BOTH CONVENTION AND PROTOCOL, UGANDA ALSO AFFIRMED THAT BOTH TREATIES ARE CENTRAL TO ITS REFUGEE PROTECTION SYSTEM

THE 1969 OAU CONVENTION GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN AFRICA;

  • THIS WIDENED THE DEFINITION OF A REFUGEE TO MEAN THAT PERSONS FLEEING CIVIL DISTURBANCES, WIDESPREAD VIOLENCE AND WAR ARE ENTITLED TO CLAIM THE STATUS OF REFUGEE IN STATES THAT ARE PARTIES TO THE CONVENTION, REGARDLESS OF WHETHER THEY HAVE A WELL FOUNDED FEAR OF PERSECUTION (PRIMA FACIE)
NATIONAL LEGISLATION
THE REFUGEES ACT 2006, AND ITS REGULATIONS OF 2010 REPEALED THE CONTROL OF ALIEN REFUGEES ACT, CAP 62
  • THE REFUGEES ACT TAKES INTO ACCOUNT A NUMBER OF ASPECTS THAT ARE INCLUDED IN THE 1951 CONVENTION, 1967 PROTOCOL, 1969 OAU CONVENTION AND OTHER INTERNATIONAL OBLIGATIONS OF UGANDA RELATING TO THE STATUS OF REFUGEES
THE ACT (SECTION 4) DEFINES A REFUGEE AS A PERSON WHO;
  • HAS A WELL FOUNDED FEAR OF PERSECUTION BECAUSE OF HIS/HER RACE, RELIGION, NATIONALITY, MEMBERSHIP IN A PARTICULAR SOCIAL GROUP, ORPOLITICAL OPINION,
  • IS OUTSIDE HIS/HER COUNTRY OF ORIGIN AND
  • IS UNABLE OR UNWILLING TO AVAIL HIM/HERSELF OF THE PROTECTION OF THAT COUNTRY, OR TO RETURN THERE, FOR FEAR OF PERSECUTION
IT FURTHER DEFINES A REFUGEE AS;
  • ANY PERSON(S) COMPELLED TO LEAVE HIS/HER COUNTRY OWING TO EXTERNAL AGGRESSION, OCCUPATION, FOREIGN DOMINATION OR EVENTS SERIOUSLY DISTURBING PUBLIC ORDER IN EITHER PART OR THE WHOLE OF HIS/HER COUNTRY OF ORIGIN OR NATIONALITY
CIRCUMSTANCES UNDER WHICH ONE MAY CEASE TO BE A REFUGEE (SECTION 5)
  • VOLUNTARY RETURN
  • SURRENDER OF REFUGEE STATUS
  • WHEN CIRCUMSTANCES IN CONNECTION WITH WHICH THAT PERSON WAS RECOGNIZED AS A PERSON HAVE CEASED TO EXIST, BUT HE OR SHE WITHOUT COMPELLING REASONS REFUSES TO RETURN TO HIS COUNTRY
ESTABLISHMENT OF THE OFFICE OF REFUGEES
  • RESPONSIBLE FOR ALL ADMINISTRATIVE MATTERS CONCERNING REFUGEES WHOSE HEAD IS A COMMISSIONER FOR REFUGEES (SECTIONS 7,8 & 9)
  • THE INTER MINISTERIAL REFUGEE ELIGIBILITY COMMITTEE (REC) CHAIRED BY THE PERMANENT SECRETARY OF MINISTRY RESPONSIBLE FOR REFUGEES OR HIS/HER REPRESENTATIVE (SECTIONS 11 & 12)
  • THE REFUGEE APPEALS BOARD CONSISTING OF A CHAIRPERSON AND FOUR OTHER MEMBERS HAVING KNOWLEDGE OF OR EXPERIENCE IN REFUGEE LAW OR MATTERS RELATING TO IMMIGRATION, FOREIGN AFFAIRS, NATIONAL SECURITY, LOCAL ADMINISTRATION, HUMAN RIGHTS AND REFUGEES GENERALLY (SECTIONS 16 & 17)
APPLICATION FOR REFUGEE STATUS (SECTION 19)
  • ASYLUM SEEKERS APPLY WITHIN 30 DAYS UPON ENTRY
  • SUBMISSION TO BE MADE TO THE COMMISSIONER OR AUTHORIZED OFFICERS OR UNHCR REPRESENTATIVE
  • REC PRONOUNCES ITSELF WITHIN A PERIOD OF 90 DAYS AFTER RECEIVING APPLICATION
  • APPLICANTS ARE INFORMED WITHIN 14DAYS ABOUT THE DECISION OF REC
APPLICATIONS REQUIRING URGENT AND SPECIAL ATTENTION;
  • PERSONS WITH DISABILITY
  • TRAUMA VICTIMS, DETAINED PERSONS AND TORTURE VICTIMS
  • MINORS AND VULNERABLE PERSONS
ENTITLEMENTS ASYLUM SEEKERS AFTER SUBMISSION OF APPLICATION
  • RENEWABLE ASYLUM SEEKER CERTIFICATES LASTING A PERIOD OF 90 DAYS
  • INTERPRETERS DURING REFUGEE STATUS DETERMINATION INTERVIEWS
  • ON REQUEST, REPRESENTATION DURING REFUGEE STATUS DETERMINATION INTERVIEWS
RESIDENCE PENDING DECISION(S);
  • APPLICANTS ARE LEGALLY IN UGANDA UNTIL WHEN THEIR APPLICATIONS ARE DISPOSED OFF
  • APPLICANTS HAVE 90 DAYS GRACE PERIOD AFTER EXHAUSTION OF APPEAL PROCESSES
  • THE MINISTER FOR REFUGEES MAY EXTEND PERIOD OF SUCH PERSON IF THERE ARE COMPELLING GROUNDS
GROUP RECOGNITION/MASS INFLUX (SECTION 25);
  • MINISTER FOR REFUGEES HAS AUTHORITY TO DECLARE A CLASS/GROUP OF PERSONS REFUGEES
  • DECLARATION TO BE IN A GAZETTE AND VALID FOR TWO YEARS OR UNTIL CAUSE OF INFLUX CEASES
RIGHTS AND OBLIGATIONS OF REFUGEES (PART V)
  • EVERY REFUGEE IS ENTITLED TO THE RIGHTS AND SHALL BE SUBJECT TO OBLIGATIONS PROVIDED IN
    • THE 1951 GENEVA CONVENTION
    • THE OAU CONVENTION
    • ANY OTHER CONVENTION OR INSTRUMENT RELATING TO THE RIGHTS AND OBLIGATIONS OF REFUGEES TO WHICH UGANDA IS A PARTY
  • REFUGEES ARE ALSO ENTITLED TO ALL RIGHTS ENJOYED BY UGANDANS SAVE FOR A RIGHT TO PARTICIPATE IN NATIONAL ELECTIONS AND SAME APPLIES TO OBLIGATIONS
WITHDRAWAL OF REFUGEE STATUS (SECTION 39);
  • SHOULD NOT HAVE BEEN RECOGNIZED
  • HAS CEASED TO BE A REFUGEE UNDER THE ACT
EXPULSION (SECTION 40)
  • A REFUGEE CAN BE EXPELLED IN INTEREST OF NATIONAL SECURITY OR PUBLIC ORDER
EXTRADITION (SECTION 41)
  • WHERE UGANDA HAS EXTRADITION ARRANGEMENTS/OR TREATY OR AN INTERNATIONAL TRIBUNAL
  • SETTLEMENTS /TRANSIT CENTRES (SECTION 44)
  • MINISTER MAY ESTABLISH SETTLEMENTS AND TRANSIT CENTRES BY NOTICE IN GAZETTE IN DESIGNATED PLACES
REFUGEE POLICY

THE UGANDA REFUGEE POLICY

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