Date of publication:

04/22/2025

Uganda

Do domestic laws and policies provide the right of recourse to effective administrative or judicial remedies for forcibly displaced and stateless persons that are denied just and favorable conditions at work?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

The Constitution of the Republic of Uganda, in article 28 (1), safeguards the right to a fair, expedient, and public hearing "in the determination of civil rights and obligation or any criminal offence" standing before an independent, impartial court or tribunal established in accordance with the law.  The article clearly supports the relevant access to justice rights of refugees since the target of this protection is "a person", not just Ugandan nationals. 

Article 126 of the Constitution prescribes that the exercise of judicial power during the adjudication of civil and criminal matter to include justice for all irrespective of social or economic status and without delay.

Furthermore, the Refugees Act (2006) accord refugees the same rights as nationals in terms of access to justice. Pursuant to Section29(1)(h) of the Refugees Act, states that a recognized refugee shall, subject to the Act, the OAU Convention (i.e., Convention Governing the Specific Aspects of Refugee Problems in Africa) and the Geneva Convention (i.e., Convention relating to the Status of Refugees(1951) and the Protocol relating to the Status of Refugees (1967) ) have free access to courts of law, including legal assistance under applicable laws of Uganda.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of The Republic of Uganda

    Legal provision

    Article 126 - Exercise of judicial power.

    (1) Judicial power is derived from the people and shall be exercised by the courts established under this Constitution in the name of the people and in conformity with law and with the values, norms and aspirations of the people. (2) In adjudicating cases of both a civil and criminal nature, the courts shall, subject to the law, apply the following principles— (a) justice shall be done to all irrespective of their social or economic status; (b) justice shall not be delayed; (c) adequate compensation shall be awarded to victims of wrongs; (d) reconciliation between parties shall be promoted; and (e) substantive justice shall be administered without undue regard to technicalities.

    Article 28 (1) - Right to a fair hearing

    In the determination of civil rights and obligations or any criminal charge, a person shall be entitled to a fair, speedy and public hearing before an independent and impartial court or tribunal established by law.

    The Refugees Act (2006)

    Legal provision

    Section 29(1)(h) -- Right of access to courts

    (1) A recognised refugee shall, subject to this Act, the OAU Convention (i.e., the Convention Governing the Specific Aspects of Refugee Problems in Africa) and the Geneva Convention (i.e., Convention relating to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967)) — (e) receive at least the same treatment accorded to aliens generally in similar circumstances relating to — (h) have free access to courts of law, including legal assistance under applicable laws of Uganda.