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 who are denied the choice of residence?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

The Constitution of Uganda, as per article 28 (1), is explicit in safeguarding 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.  This article clearly supports the relevant access to justice rights of refugees since the target of this protection is "a person", not just citizens of Uganda. Also, 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 section 29(1(h)) of the Refugees Act, a recognized refugee shall, subject to this Act, the OAU Convention and the Geneva Convention 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 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) - Rights of refugee while in Uganda

    A recognised refugee shall, subject to this Act, the OAU Convention and the Geneva Convention have free access to courts of law, including legal assistance under applicable laws of Uganda.