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?
Assessment by population
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.
Related provisions of domestic law or policy
The Constitution of The Republic of Uganda
- Year: 1995
- Type: Domestic law
- Rights Category: Education, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Documentation
- Link to external source: https://ulii.org/akn/ug/act/statute/1995/constitution/eng@2018-01-05
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)
- Year: 2006
- Type: Domestic law
- Rights Category: Work & Workplace rights
- Link to external source: https://ulii.org/akn/ug/act/2006/21/eng@2006-08-04#part_IV__sec_21
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.