Date of publication:
03/24/2025
Uganda
Do domestic laws and policies prioritize access to national social care services for unaccompanied and separated children, victims of trafficking in persons, survivors of gender-based violence, or other groups with specific needs and vulnerabilities?
Assessment by population
Analysis
Uganda has established systems to care and protection vulnerable refugee groups including unaccompanied children, trafficking victims, GBV survivors, and others. This includes identification, registration, temporary care, reunification efforts, healthcare, education, psychosocial support, safe houses, legal aid, reintegration programs, and more.
According to article 34(7) of the Constitution, the law shall accord special protection to orphans and other vulnerable children. Also, section 10(6) of the Children Act provides that each local government council shall provide assistance and accommodation for any child in need within its area of jurisdiction who appears to the committee to require assistance and accommodation as a result of his or her having been lost or abandoned or seeking refuge. Furthermore, as provided under section 32 (2) (a) of the Refugees Act, refugee children in Uganda have the same treatment as nationals. According to the UNHCR brief on alternative care arrangements for unaccompanied and separated children in Humanitarian context in Uganda, the care status for unaccompanied and separated children is usually assessed early on, during identification and registration. This ensures that the child’s immediate living situation is adequate. In the best case, alternative care is only required as an interim measure whilst family tracing is carried out and until the time when children can be reunited with their family members. In Uganda, most unaccompanied children are placed in foster care arrangements until they can be reunified with family. The views of girls and boys in need of alternative care is considered in identifying care arrangements that are in their best interests in Uganda. Residential or institutional care is seen as the last resort and on a short-term basis (up to a maximum of 12 weeks), and only considered when family-based care arrangements are not possible or not in the best interests of the child. Organizations and authorities make every effort to prevent the separation of children.
According to the National Action Plan for the Prevention of Trafficking in Persons in Uganda (2019-2024), Specific support is offered through identification, referral, and assistance with prosecution of traffickers. Survivors can access safe houses, counseling, legal aid, and reintegration programs. Victim of trafficking assistance include all forms of support that can help a victim of trafficking recover from the effects of trafficking in person, including welfare, temporary shelter, transport means, psychosocial counseling, medical care, skills development, kick-start for business, clothing, and re-union with original families. this policy document acknowledges the Vulnerability in refugee camps leading to deceptive, forceful, and fraudulent recruitment of refugees for various forms of trafficking and exploitation.
The Government of Uganda enacted a specific domestic counter human trafficking law called the Prevention of Trafficking in Persons (PTIP) Act (2009). The PTIP Act provides for prohibition of trafficking in persons, creation of offences, prosecution and punishment of offenders, prevention of the vice of trafficking in persons, protection of victims of the crime, creation of a National Coordination Office and a Multi-Sectoral Task Force Committee for Prevention of Trafficking in Persons, and other related issues. According to section 12 of the PTIP Act, victims are legally recognized, exempted from crime penalties due to trafficking, and informed of their rights during legal proceedings. They can pursue civil claims and receive confidential healthcare, counseling, and housing assistance, with exceptional care for children. Public officials refer victims to support organizations, and the government ensures overall protection and assistance.
According to the National Policy on the Elimination of All forms Gender Based Violence in Uganda, comprehensive services are available, including medical care, trauma counseling, legal assistance, and safe accommodation. GBV prevention and awareness programs are also implemented. Uganda's policy to eliminate gender-based violence prioritizes human rights and survivor welfare. It emphasizes confidentiality, timely access to services, and collaboration between various sectors to provide legal, health, and psychological support. Key strategies include emergency shelters, community assistance, healthcare (including emergency contraception and STI treatment), improved law enforcement, community justice mechanisms, psychosocial services, economic empowerment for women, and strong referral pathways for survivors. This policy aims to create a society free from gender-based violence by protecting all individuals and offering comprehensive support to survivors/victims. Through a multi-faceted approach, it seeks to address the immediate needs of survivors while also working towards systemic change and prevention.
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 34 - Rights of children
(1) Subject to laws enacted in their best interests, children shall have the right to know and be cared for by their parents or those entitled by law to bring them up. (2) A child is entitled to basic education which shall be the responsibility of the State and the parents of the child. (3) No child shall be deprived by any person of medical treatment, education or any other social or economic benefit by reason of religious or other beliefs. (4) Children are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development. (5) For the purposes of clause (4) of this article, children shall be persons under the age of sixteen years. (6) A child offender who is kept in lawful custody or detention shall be kept separately from adult offenders. (7) The law shall accord special protection to orphans and other vulnerable children.
Prevention of Trafficking in Persons Act (2009)
- Year: 2009
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.law.berkeley.edu/wp-content/uploads/2015/10/Uganda_Prevention-of-Trafficking-in-Persons-Act_2009.pdf
Legal provision
Section 12 - Protection, Assistance and Support for Victims of Trafficking.
(1) A victim of trafficking shall be legally recognized as such and shall not be penalized for any crime committed as a direct result of his or her trafficking. (2) A victim of trafficking shall be informed in a language that he or she understands about the different stages of any proceedings, and about her/his rights and duties. (3) A victim of trafficking shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the proceedings. (4) The institution of a criminal charge arising from acts of trafficking in persons shall not affect the rights of a victim to pursue a civil case for damages. (5) A person instituting proceedings under this section shall be exempted from payment of any filing fees required under civil procedure laws. (6) A victim of trafficking in persons will be accorded the available health and social services, medical care, counseling and psychological assistance, on a confidential basis and with full respect of his/her privacy, in a language she/he understands.