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Uganda's Child Rights Charter Report

This document provides an initial report on Uganda's implementation of the African Charter on the Rights and Welfare of the Child. It begins with an introduction to the Charter and Uganda's commitment to upholding children's rights. Section 1 gives a general background on Uganda, including its population demographics, economy, and measures taken to implement the Charter. It outlines Uganda's progress in realizing children's rights, difficulties in implementation, and commitment to observing children's rights through initiatives like the Child Advocacy Project. The report will detail Uganda's implementation of the Charter's provisions across various areas of children's lives.

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0% found this document useful (0 votes)
24 views52 pages

Uganda's Child Rights Charter Report

This document provides an initial report on Uganda's implementation of the African Charter on the Rights and Welfare of the Child. It begins with an introduction to the Charter and Uganda's commitment to upholding children's rights. Section 1 gives a general background on Uganda, including its population demographics, economy, and measures taken to implement the Charter. It outlines Uganda's progress in realizing children's rights, difficulties in implementation, and commitment to observing children's rights through initiatives like the Child Advocacy Project. The report will detail Uganda's implementation of the Charter's provisions across various areas of children's lives.

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shjahsjansha
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IMPLEMENTATION OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD

IN UGANDA

MINISTRY OF GENDER, LABOUR AND SOCIAL DEVELOPMENT


NOVEMBER 2007

i
PREFACE

Uganda in a party to the Convention on the Rights of the Child, an international instrument agreed to by most
of the States in the World. Not withstanding this fact, Uganda and other African Countries ratified the African
Charter on the Rights and Welfare of the Child. The Charter was signed by Uganda in February 1992 and
ratified on the 17th August 1994. While this seems to be a duplication of efforts, African nations out of the
recognition of the situation of African children found it necessary to have this Charter. Some of the
considerations were the socio-economic, cultural, traditional and developmental circumstances, natural
disasters, armed conflict, exploitation affecting most of Africa; the unique and privileged position children hold
in Africa; the need for children to grow in a family environment in an atmosphere of love and happiness; the
cultural heritage, historical background and the values of the African civilization; the consideration that the
promotion, protection and respect of the rights and welfare of the child also implies duty on the part of
everyone, sometimes including children, who have responsibilities for the realisation of their rights.

The ratification of the Charter, like any other regional or international instrument bounds Uganda to undertake
measures to give effect to the provisions enshrined in the Charter and periodically report to the Committee
such progress. Uganda‟s initial report was due in 2006, a reporting time frame that was delayed due to the
African Union‟s delay to provide guidelines and related mechanisms for State Parties to report. This initial
report is in fulfilment of that commitment outlined in Article 43 (1) of the Charter, which requires state Party to
submit the report to the African Committee of Expert through the Secretary-General of the African Union (AU).

The Government of Uganda is committed to achieve a society where children, its largest population and asset
live to their full potential. To that effect, since the ratification of the Charter, the Government of Uganda has
taken several steps to implement the provisions of the Charter. These are outlined in consonance with the
reporting guidelines of the Charter as follows. Section 1 of the report gives a general background including an
introduction, methodology of reporting and the country profile. Section 2 details general measures of
implementation, Section 3 reviews the definition of the child and its related challenges, section 4,covers the
general principles, section 5 the civil rights and freedoms, section 6, family environment and alternative care,
section 7 health and welfare and sections 8 and 9 education, leisure and cultural activities, and special
protection measures respectively.

In this report, it will be noted that Uganda has taken big strides towards promoting the inherent right to child
survival, development and protection for all children albeit the several challenges encountered. Challenges
range from poverty, conflict, illiteracy to HIV/AIDS pandemic among others. However, such challenges
notwithstanding, the Government is undertaking progressive steps to promote child rights guided by the
international and regional human rights laws and policies. This is in acknowledgment that investments in
children are extraordinarily productive and promoting and respecting their rights lays the foundation for a just
society, a strong economy, and a world free of poverty1. It is also upon this basis that Uganda commits itself to
reporting on international and regional instruments in order to seek review and guidance from the relevant
Committees and other related stakeholders. It is my humble belief that the outcome of this report will form one
of the guidelines that will be used for further progress towards full realisation of the rights of children in
Uganda.

Syda [Link] (MP)


Minister of Gender, Labour and Social Development

1 WFFC, 2002, sec. 50, p21

ii
LIST OF ACRONYMS
ARLPI Acholi Religious Leaders‟ Peace Initiative
AIDS Acquired immunity deficiency syndrome
ADF Allied Democratic Force
AVSI Association of Voluntary Service International
ANPPAN African Network for the Presentation and Protection Against Child Abuse and Neglect
CCPR Covenant on Civil and Political Rights
CEDAW Covenant on the Elimination of all forms of Discrimination Against Women
CESCR Covenant on Economic, Social and Cultural Rights
CPA Concerned Parents‟ Association
CPU Child Protection Unit
CRC Convention on the Rights of the Child
CRS Catholic Relief Services
CSOs Civil Society Organizations
CS The Children Act
CSOPNU Civil Society Organizations for Peace in Northern Uganda
DAC Day of the African Child
DDM Department of Disaster Management
DISO District Internal Security Officer
DFID Department of International Development (UK)
DPAC District Plan of Action for Children
ECHO European Commission Humanitarian Organization
FAC Formerly Abducted Children
FCC Family Children‟s Courts
FOCA Friends of Children Association
GDP Gross Domestic Product
GoU Government of Uganda
GPID Guiding Principles on Internal Displacement
GUSCO Gulu Support the Children Organization
ICC International Criminal Court
ICRC International Committee of the Red Cross
IDP Internally Displaced Person/People
IHL International Humanitarian law
IHRL International Human Rights Law
ILO International Labour Organization
JJP Juvenile Justice Programme
JLOS Justice Law and Order Sector
KICWA Kitgum Concerned Women‟s Association
LC Local Council
LDU Local Defence Unit
LRA Lord‟s Resistance Movement
MFPED Ministry of Finance, Planning and Economic Development
MGL&SD Ministry of Gender, Labour and Social Development
MoES Ministry of Education and Sports
MoH Ministry of Health
NCC National Council for Children
NGO Non-governmental Organization
NPIDP National Policy on Internal Displacement of Persons
OP Optional Protocol
iii
OPM Office of the Prime Minister
PEAP Poverty Eradication Action Plan
PPT Presidential Peace Team
PWO Probation and Welfare Officer
RLP Refugee Law Project
SCiU Save the Children in Uganda
SGBV Sexual and Gender Based Violence
SDIP Social Development Sector Strategic Investment Plan
UAC Uganda AIDS Commission
UCRNN Uganda Child Rights NGO Network
UHCR Uganda Human Rights Commission
ULRC Uganda Law Reform Commission
UN United Nations
UNHCR United Nations High Commissioner for Refugees
UNICEF United Nations Children‟s Fund
UNOCHA United Nations Office for the Coordination of Humanitarian Affairs
UNPAC Uganda National Programme of Action for Children
UPDF Uganda Peoples‟ Defence Force
UPE Universal Primary Education
UPF Uganda Police Force
UPFC Uganda Parliamentary Forum for Children
USD United States Dollars
WFP United Nations World Food Programme

iv
TABLE OF CONTENTS

SECTION I INTRODUCTION ....................................................................................................................................1


1.1 BACKGROUND ................................................................................................................................................. 1
1.1.1 Literature Review ....................................................................................................................................................... 1
1.1.2 Field Survey ............................................................................................................................................................... 1
1.2 COUNTRY PROFILE .......................................................................................................................................... 1
1.2.1 Public Administration ................................................................................................................................................ 2
1.2.2 Demographic Characteristics .................................................................................................................................... 2
1.2.3 The Economy of Uganda ............................................................................................................................................ 3
1.3 MEASURES ADOPTED TO GIVE EFFECT TO THE PROVISIONS OF THE CHARTER ..................................................... 3
1.4 PROGRESS MADE IN ENJOYMENT OF RIGHTS ..................................................................................................... 5
1.5 IMPLEMENTATION OF THE CHARTER .................................................................................................................. 6
1.6 DIFFICULTIES IN IMPLEMENTING THE CHARTER ................................................................................................... 6
1.7 COMMITMENT TO OBSERVANCE OF CHILD RIGHTS .............................................................................................. 7
1.7.4 THE CHILD ADVOCACY PROJECT (1999-2002) ............................................................................................... 8
2.1 STEPS TAKEN IN ACCORDANCE WITH THE PROVISIONS OF THE CHARTER ............................................................ 9
2.1.1 The Revision of the Constitution in 1995 ................................................................................................................... 9
2.1.2 THE CHILDREN ACT, CAP 59 ......................................................................................................................... 9
2.1.3 THE CREATION OF FAMILY AND CHILDREN’S COURTS AND FAMILY PROTECTION UNITS OF
POLICE ............................................................................................................................................................................10
2.1.4 THE REMAND HOMES .......................................................................................................................................10
2.1.5 THE UGANDA HUMAN RIGHTS COMMISSION (UHRC) .................................................................................... 11
2.3 MECHANISMS FOR COORDINATING POLICIES RELATING TO CHILDREN ............................................................... 13
2.3.1 THE CREATION OF NATIONAL COUNCIL FOR CHILDREN (NCC) ...................................................................... 13
2.3.2 The Civil Society and Development Partners........................................................................................................... 13
2.4 MECHANISMS FOR MONITORING THE IMPLEMENTATION OF THE CHARTER ........................................................... 14
2.5 MEASURE FOR DISSEMINATING THE PROVISIONS OF THE CHARTER.................................................................... 15
THE MGLSD TOGETHER WITH OTHER STAKEHOLDERS HAVE BEEN CARRYING OUT SYSTEMATIC SENSITIZATIONS,
TRAININGS AND OTHER FORMS OF INFORMATION, EDUCATION AND COMMUNICATION CAMPAIGNS THROUGHOUT THE
COUNTRY THROUGH WHICH THE PROVISIONS OF THE CHARTER ARE MADE KNOWN TO THE PUBLIC. HOWEVER A
NUMBER OF FACTORS SUCH AS MASS ILLITERACY AND POVERTY HAVE HINDERED THIS EFFORT. CONSEQUENTLY THE
CHARTER IS NOT FULLY KNOWN BY MANY MEMBERS OF THE PUBLIC PARTICULARLY LAW ENFORCEMENT OFFICIALS,
TEACHERS ESPECIALLY IN REMOTE AREAS, HEALTH PERSONNEL, SOCIAL WORKERS AND PERSONNEL OF CHILDCARE
INSTITUTIONS. ..................................................................................................................................................... 15
2.6 MEASURES FOR DISSEMINATING REPORTS TO THE PUBLIC ............................................................................... 15
SECTION III: DEFINITION OF THE CHILD ...........................................................................................................16
SECTION IV: GENERAL PRINCIPLES .....................................................................................................................17
SECTION V: CIVIL RIGHTS AND FREEDOMS .....................................................................................................21
5.5 PROTECTION OF PRIVACY (ARTICLE 10) ......................................................................................................22
5.6 ACCESS TO APPROPRIATE INFORMATION .................................................................................................22
5.7 PROTECTION FROM CHILD ABUSE AND TORTURE (ARTICLE 16) ........................................................23

...........................................................................................................................................................................................23
SECTION VI: FAMILY ENVIRONMENT AND ALTERNATIVE CARE ..............................................................24
SECTION VII: HEALTH AND WELFARE ................................................................................................................27

v
7.0 CHILD SURVIVAL AND DEVELOPMENT .............................................................................................................. 27
7.2 HEALTH AND HEALTH SERVICES ..................................................................................................................... 27
7.2.1 ORPHANS AND OTHER VULNERABLE CHILDREN............................................................................................. 28
SECTION VIII: EDUCATION, LEISURE AND CULTURAL ACTIVITIES .........................................................30
8.1 EDUCATION ................................................................................................................................................... 30
8.1.2 PRIMARY SCHOOL CLASSROOM CONSTRUCTION PROGRAMME.....................................................34
8.1.7 EARLY CHILDHOOD DEVELOPMENT (ECD) ..............................................................................................39
8.1.8 EARLY CHILDHOOD CARE AND PROTECTION ........................................................................................39
8.1.9 EARLY EDUCATION AND LEARNING ...........................................................................................................40
SECTION IX: SPECIAL PROTECTION MEASURES .............................................................................................42
9.0 INTRODUCTION............................................................................................................................................... 42
UGANDA IS OBLIGED UNDER ARTICLE 22 (3) OF THE CHARTER TO TAKE ALL FEASIBLE MEASURES TO PROTECT AND
CARE FOR CHILDREN AFFECTED BY ARMED CONFLICTS. GOVERNMENT AND ITS PARTNERS HAVE UNDERTAKEN
SEVERAL STEPS TO PROTECT CHILDREN IN EMERGENCY SITUATIONS INCLUDING: ..................................................... 42
9.1 OFFICE OF THE PRIME MINISTER (OPM) .......................................................................................................... 42
9.2 NIGHT COMMUTER CENTRES .......................................................................................................................... 42
9.3 FORMERLY ABDUCTED CHILDREN ................................................................................................................... 43
9.4 The Amnesty Act 2000 ................................................................................................................................................. 47
9.5 CHILDREN IN CONFLICT WITH THE LAW ............................................................................................................ 47
SECTION X: CONCLUSION ........................................................................................................................... 48
IT WILL BE NOTED THAT UGANDA HAS TAKEN BIG STRIDES TOWARDS PROMOTING THE RIGHT OF THE CHILD TO
SURVIVAL, DEVELOPMENT AND PROTECTION FOR ALL CHILDREN ALBEIT THE SEVERAL CHALLENGES ENCOUNTERED.
CHALLENGES RANGE FROM POVERTY, CONFLICT, ILLITERACY TO HIV/AIDS PANDEMIC AMONG OTHERS. THESE
CHALLENGES ARE THE ONES PULLING THE COUNTRY BACK IN HER ACHIEVEMENTS. ................................................... 48
IT IS DEFINITELY OF GREAT CONCERN TO THE COUNTRY THAT UGANDA MAY NOT BE ABLE TO REACH MANY OF HER
TARGETS TO ACHIEVE THE MILLEMIUM GOALS. ONE AREA THAT NEEDS TO BE NOTED IS THAT WHILE IN THE AREA OF
CHILD SURVIVAL AND CHILD DEVELOPMENT SOME SIGNIFICANT ACHIEVEMENTS HAVE BEEN MADE, THE AREA OF CHILD
PROTECTION HAS NOT MADE ANY SIGNIFICANT IMPROVEMENT. BLEAK AS THE PICTURE REMAINS, UGANDA REMAINS
COMMITTED TO IMPROVING THE SITUATION OF CHILDREN GENERALLY IN THE COUNTRY AND PROMISES TO
ACCELERATE ALL ACTIONS INTENDED TO UPLIFT THE SITUATION OF CHILDREN IN THE COUNTRY. IN UGANDA WE
BELIEVE THAT INVESTING IN CHILDREN IS THE BEST INVESTMENT THE COUNTRY CAN BE PROUD OF. ........................... 48
REFERENCES ...................................................................................................................................................... 49
SECTION I INTRODUCTION

1.1 Background
The Government of Uganda ratified the African Charter on the Rights and Welfare of the Child on August 17 th
1994. This report presents a review of the measures both legislative and administrative taken by the
Government to harmonize its laws, policies and practices with the general principles and standards which give
effect to the provisions of the Charter spelt out under Article 43. It also provides a comprehensive assessment
of the progress in the implementation of the Charter and the challenges encountered in doing this. This report
supplements and compliments the reports on implementation of the UN Convention on the Rights of the Child
submitted by Government to the UN Committee on the Rights of the Child.

This initial report is based on the guidelines for reporting to the African Union Committee of Experts on the
Rights and Welfare of the Child and brings experiences from the civil society, child oriented development
actors including UN agencies, central and local government. The report was prepared through a consultative
process the entail looking at annual and progress reports from all actors, filed consultations and consultative
and validation workshops.

1.1.1 Literature Review


A review of existing information relevant to the reporting requirements included land policy documents, reports
by government, civil society organisations and other development actors. Other sources of information
included principal legislative texts (including reforms) administrative and other relevant instructions as well as
detailed statistical information.

1.1.2 Field Survey


In addition to review of exiting information on children from local and central government ministries and
departments, as well as from other development actors, the process also carried out a survey in 8 northern,
north-eastern and western districts of Uganda. These were Kitgum, Kapchorwa, Soroti, Lira, Tororo,
Bundibudgyo, Wakiso, Kampala and Gulu. Their selection was based on Government and NGOs operations,
thematic relevance, regional representation as well as issues arising from the observations of the UN
Committee on the Rights of the Child. It was also an attempt at verifying and validating information provided in
the literature. The field consultations obtained information through focus group discussions at grass roots
level, key informants‟ interviews with key decision policy makers at district and Ministry levels, visits to relevant
places.

1.2 Country Profile

1.2.1 Public Administration


The public administration system of Uganda is a decentralised system of governance that transfers power from
the Central Government to the local governments through its political leaders to manage their own
development, working closely with the civil servants. The Central government guides development
programming, budgetary allocations, providing policies, technical support monitoring and evaluation. The
Parliament, the national legislative body and one of the wings of central government, consists of
representatives elected by people in the districts. They are required to regularly consult with their constituents
in order to provide effective representation on decisions tabled before them. The Parliament in Uganda has a
coalition of MPs who have formed the Uganda Parliamentary Forum for Children committed to highlighting
child related issues and pursuing them in order to fulfil children‟s rights.

1
The country has up to 80 district local governments and the Kampala City Council and the City Division
Council that constitutes the local government structure. The District Council and the sub-county councils make
up the rural local government structures.2 Each of these districts has a technical officer called the District
Probation and Social Welfare Officer (PSWO) who together with other staff at lower levels are in-charge of
child welfare and legal protection matters. The Council structure has one of the 9 members a Secretary for
Children Affairs.

1.2.2 Demographic Characteristics


The 2002 Census reveals that Uganda had a population of 24.7 million in that year. The total fertility rate as
estimated by the UDHS, stood at 6.9, largely unchanged over the past ten years and much higher than in
neighbouring countries (e.g. Kenya: 4.7; Tanzania: 5.63). Consequently, the population growth rate was about
3.4% per year between 1991 and 2002, which puts Uganda among the countries with the highest population
growth rates in the world, with specific implications for child rights and welfare. The population is young with
persons from 18 years below constituting about 56% of the total population. A fifth of the population are
persons below five years of age, while one fourth are of primary school going age (between 6-12 years).
According to these projections, Uganda‟s population is expected to reach 93.25 million people in 2025. This
projection is based on considerable fertility decline from presently about 7 to only 2.9 in 2040-2045.
Achievement of this is dependent on overall economic development in the coming decades, but above all
efforts of government and policies that will support fertility decline.

The central question investigated here is whether this rapid pace of population growth is likely to affect growth
of per capita incomes and thus poverty reduction in Uganda. Based on insights from the theoretical and
empirical growth literature, this note argues that the high rates of population growth will severely undermine
efforts to maintain and boost economic growth rates. It will also make the achievement of universal primary
education virtually impossible for coming decades and will seriously compromise efforts to reduce maternal
and child mortality rates and improve health conditions and services.

1.2.3 The Economy of Uganda


Uganda has experienced a strong economic growth over the past decade. Real GDP growth at market prices
to date has averaged over 6.5% per annum since the early 1990s. The determinant of Uganda‟s economic
growth has been identified as the relative improvement in security, macroeconomic stability, and improvement
in terms of trade resulting from coffee price boom in the mid-nineties. Industrial production has seen the
highest growth per annum averaging 10.4%. The service industry has also been averaging a growth rate of
7.5%. Agriculture has been averaging 4.4% growth per annum4. Uganda‟s economic policy that largely
focuses on the growth sector expects increased growth to boost the economy and improve people and
children‟s lives enabling them to meet their social needs.

1.3 Measures Adopted to Give Effect to the Provisions of the Charter


According to the decentralisation policy, functions of a central government department include policy and
legislative development, quality assurance (including monitoring and supervision) inspection, training, technical
advice and guidance in their respective area of mandate. The Children Act operationalises the provisions of

2 Local Government Act 1997


3 see UBOS, 2001
4 Poverty Eradication Action Plan 2004/5 Report Page 31.

2
the ACRWC and decentralizes matters relating to legal rights of children, care and support services for
children as low as the sub county which is the lowest administrative unit, making such services more
accessible.

1.2.5 Ministry of Gender, Labour and Social Development (MGLSD)


The Ministry of Gender, Labour and Social Development is mandated to promote social protection of poor and
vulnerable children. It is the Secretariat for the Social Development Sector under the sector wide approaches.
The ministry has a fully fledged department for Youth and Children, a child labour department and other
departments that deal with marginalised groups such as disabilities. It is also a ministry charged with culture,
community mobilisation and gender concerns that largely impact on children. The social development sector
consists of the civil society and development partners who are implementing social sector interventions.

Within the same sector is the lead agency for co-ordinating and monitoring the implementation of child rights
related programmes, the National Council for Children (NCC). The NCC is a semi autonomous body, the
Ombudsman for children. Other ministries/departments are responsible for sectors that fall within their
mandates. Under MGLSD, a Street Children‟s Desk (SCD) and the National Street Children Committee to
ensure integration of children back into their communities has been set up in the department of Youth and
Children Affairs.

1.2.6 Ministry of Education and Sports


The Education Sector Investment Plan (ESIP) 2004-2015 brings together Government, development partners,
the private sector and CSOs to mobilise support and resources for the education sector. Working committees
have been established to manage the ESIP. The working groups are responsible for: sector policy and
management; financial planning and management; monitoring and evaluation; primary education; secondary
education; technical and vocational education and training; tertiary; and teacher education working group.
Each working group produces a report every six months and a composite report is compiled to form input into
the biannual ESIP review. Government, through the Ministry of Education and Sports, has established the
National Council for Higher Education and the Education Standards Agency (ESA). The Ministry of Education
is the Secretariat for the ESIP. Through the sector, a number of policies and guidelines have been developed
to improve the quality of education and provide a safe and healthy environment for children.

1.3.3 Ministry of Health


The Ministry of health houses the Health Policy (HP) and the Health Sector Strategic Plan (HSSP). The HSSP
is implemented through the Health Policy Implementation Committee (HPIC), which consists of eight sub-
committees, namely: Human Resources, Health Infrastructure, Basic Package, Finance and Procurement,
Supervision and Monitoring, Decentralisation, Research and Development and Public-private mix.

A Health Sector Review Committee (HSRC) has also been formed to: generate consensus of all stakeholders
in the implementation of the HP and the HSSP; review and endorse reports and recommendations of the
Health Policy Implementation Committee; and provide support and guidance in the implementation of the HP
in general. Membership to the HSRC is multi-sectoral and includes representatives from: central government
departments, local authorities, higher institutions of learning, research institutions, NGOs parliament, civil
society and traditional practitioners.

Consultative meetings and joint meetings are held bi-annually to review sector performance (expenditures and
outputs) for each component of the sector, agree on the financial resource envelope for the following year and
the revised draft annual plan of action for the next year. Membership to the meeting includes the government

3
MoH; MFPED; MoLG; MoES; Department of Information, Development partners, representatives of NGOs and
potential partners also attend. The institution of the National Immunisation Days (NIDS) and booster
immunisation doses were meant to improve the health status of children in Uganda.

As a result of all these initiatives, a clear vision for the health sector has evolved, priorities have been agreed;
agreement has been reached to use a common working arrangements with regard to planning, budgeting,
disbursement, procurement, reporting and monitoring; the GoU and development partners are ready to
operate through the Sector Wide Approach; and a partnership fund has been established to support
preparatory activities of the HSSP. The Health Service Commission to take care of human resources issues
has been set up under the Ministry of Health.

1.4 Progress Made in Enjoyment of Rights


Since the ratification of the Charter, several legislative interventions have been implemented. These include
the revision of the Constitution in 1995 to take into consideration issues arising from international and regional
legal commitments, the enactment of a law for children, the Children Act (Cap 59), the amendment of the Local
Government Act and putting in place mechanisms arising out of these revisions and amendments.

The Children Act provides procedures for addressing children‟s concerns within the family, in institutions and in
circumstances where they come into contact with the law. It also provides for other legal processes such as
adoption and foster placement, among others. Under the Act 559 Family and Children‟s Court (FCCs) have
been gazetted and these are expected to handle legal matters related to children at lower levels.

Government in collaboration with its partners such as UNICEF, Save the Children in Uganda and other Civil
Society Organizations have been supporting training and sensitization of child rights to various duty bearers
charged with protection, promotion and fulfilling child rights in Uganda such as law enforcement organs like the
police, UPDF and Local Councils. There is also sensitization of bar owners, video owners not to employ
children especially girls who are disguised to be employed and yet they are forced to practice prostitution.

The government, through the universal primary education programme (UPE) has provided more access to
children to enter school through provision of tuition for them. There is increase enrolment as a result of this.
The challenge of high drop out rates, however still stands. For purposes of gender parity in education,
government is promoting affirmative action for girls‟ education; where those going to public universities are
given 1.5 additional points to enable them compete with their male counterparts. This works as a motivation
factor for girl children at the lower levels of education.

These government programmes are still negated by the fact that discriminatory practices continue to thrive
against the girl child. There is evidence of discrimination against the girl child education in homes where the
girls still do most of the household chores which deprives them of going to school and concentrating. Some
drop out of school due to what parents choose to call lack of resources for scholastic materials while others
are sent into early marriages. Community mobilization and empowerment for prevention of child domestic
work is on going by both state and non-state actors.

1.5 Implementation of the Charter


Deliberate efforts have been under taken to give effect to the provisions of the Charter, including sensitisation
of communities and their leaders as well as children in and out of school. Training on child rights have been
undertaken by the Ministry of Gender, Labour and Social Development, other government ministries and civil
society. The National Council for Children (NCC), Uganda Human Rights Commission, Save the Children in

4
Uganda, Uganda Child Rights NGO Network, ILO-IPEC, and many national and local NGOs have conducted
training of stakeholders on child rights.

1.6 Difficulties in Implementing the Charter

1.6.1 Registration of Birth and Death


Uganda has had a national law governing births and deaths since the 1970s, today the law is known as the
Birth and Death Registration Act (Cap 309). The Registrar General, Birth and Death Registration, has also
revised the existing BDR policy document and it is awaiting approval by Cabinet. With support from UNICEF
and Plan International, a comprehensive strategy for scaling up birth and death registration (BDR) in Uganda
has been developed. In addition the Government enacted the Uganda Registration Service Bureau Act
(URSB) Act (Cap 210) in 2004. URSB has developed independent work plan for 2006/2007 to scale up BDR
in 11 districts. It should be noted that BDR had in the past not been included in the Justice, Law and Order
Sector (JLOS) Investment Plan and budgets; however in June 2005 the JLOS sector review recommended
that BDR be included in the budget.

Currently, implementation of BDR is weak, however, government, with support from partners such as UNICEF
and Plan International has revitalized BDR. Through this effort, a total of 29 districts have community-based
birth and death registration (BDR) initiatives. Out of these, 23 districts are supported by UNICEF while 6 are
supported by Plan International. Full implementation of BDR will ensure children are protected from evils such
as early marriages and sexual offences. It would also enable parents to know the right age for children to start
school to avoid challenges of drop out due to age. However, since 1995 attempts have been made to revive
the civil registration system, but so far very few successes has been

1.7 Commitment to Observance of Child Rights


The Government of Uganda is committed to protect, promote and fulfil the realization of child rights. This is
reflected in the many legislative and programmatic endeavours.

1.7.1 Appointment of a State Minister in charge of Children and Youth Affairs


To fulfil its commitments to the child, government of Uganda has established and appointed the Minister of
State for Children and Youth Affairs within the Ministry of Gender, Labour and Social Development. The
Minister is charged with ensuring that government programmes for children are implemented on schedule and
advises the Minister of Gender, Labour and Social Development on the progress in this area. This Office is
supported by the technical positions of Commissioner and Assistant Commissioner for Youth and Children in
the MGLSD who are now squarely in-charge of technical matters to do with children. The Commissioner, with
the support of the Principal Probation and Welfare Officer supervises and supports the Probation and Social
Welfare Officers at the district level. They also have counter parts in the districts, the Community Development
Officers (CDOs) and the Assistant Community Development Officers (ACDOs).

1.7.2 Establishment of the National Council for Children (NCC)


The NCC was created as an interim body in 1993 and later by statute No. 16 of 1996 (now the National
Council for Children Act, Cap 60 in the revised laws of Uganda; to coordinate and monitor implementation of
international, regional, national and local instruments on the rights and welfare of children in Uganda. Its
objectives include:
1 Acting as a body through which the needs and problems of children can be communicated to government
and other decision –making institutions and agencies in Uganda
2 To coordinate and provide direction to all persons involved in child-based activities in Uganda

5
3 To promote the adoption and utilization of the Programme of action by government, non-governmental
organizations and external support agencies through participation in their planning and resource allocation
exercise.
4 To maintain a data base on the situation of children and activities relating to children in Uganda
5 To support the continuing analysis of the changing needs of children and promote discussions of emerging
priorities.
The challenges facing the NCC include inadequate human, technical and financial resources. There has been
a call to restructure the institution, provide it with more resources and equip it to have more power over
government, civil society and development actors for children.

1.7.3 The Children Act Cap 59


Part III sub section I (a and b) and part II provide for the roles of Secretaries for Children Affairs right from LC I
(village) to LCV (District) levels. These are based at the community level; each village has an LC Council out
of whom one is a representative for children. The Secretaries for Children primarily represent the interests of
children at the community level. They also ensure the best interests of the child are fulfilled in all matters
affecting the welfare of children including education, health, legal matters and planning for development. In
the past, the Secretaries for Children and other LCs were trained on children‟s issues by the MGLSD and its
partners including FIDA, UCRNN, Save the Children and UNICEF. However, these political leaders are
changed through elections from time to time demanding continuous training.

1.7.4 The Child Advocacy Project (1999-2002)


National Council for Children in partnership with Save the Children Norway established the Child Advocacy
Project in Iganga, Bugiri, Busia, Tororo, Pallisa, Mbale, Kapchorwa, Kumi, Soroti, Katakwi, Moroto, Kotido, Lira
and Apac with trained district-based staff to support government officials in the respective districts. This
included advocating for the rights and responsibilities of children based on the CRC, ACRWC, the Constitution
of the Republic of Uganda (1995) and the Children Act, among the local leaders at sub-county and district
levels.

The project also promoted child participation and advocacy through Child Rights Clubs in schools in all the 14
districts. It facilitated participatory development using Participatory Rural Appraisal (PRA) including
Participatory Monitoring and Evaluation (PM&E), in the districts of Lira, Soroti, Apac and Mbale. A key input of
the project was facilitating child focussed development plans at district and sub-count levels in the same
districts. These plans had environment, gender and HIV/AIDS as crosscutting issues for implementation. This
project has since been negatively affected by lack of funding.

6
SECTION II: GENERAL MEASURES OF IMPLEMENTATION

2.1 Steps Taken in Accordance with the Provisions of the Charter

2.1.1 The Revision of the Constitution in 1995


The revision of the Constitution in 1995 was an attempt to make the supreme law of the country consistent
with international and regional instruments ratified by Uganda. These included the CEDAW, 1989, the CRC,
1990 and the African Charter on the Rights of the Child, 1994, among others. Several articles in the
Constitution give special protection to vulnerable groups such as children and make it a duty of every citizen to
protect these groups from any form of abuse, including sexual abuse5. The Constitution also protects children
under the age of sixteen years from social and economic exploitation and hazardous employment6. This is
relevant to the ILO Convention No. 138 on Minimum Age for Employment and ILO Convention No. 182 (1973)
on the Worst Forms of Child Labour (1999). This age varies with what is provided by the Convention, which
could have arisen because of the need to protect children from work that would deny them education and
development. In recognition of the state of Uganda‟s economy and educational infrastructure that necessitates
that a child at 14 years can start work for survival for certain reasons, an addendum to the ILO ratification
instrument has been prepared and submitted to ILO spelling out 14 years as the minimum for admission to
employment in Uganda. A draft National Child Labour policy is in place and other mechanisms to intervene in
child labour have been established.

2.1.2 The Children Act, Cap 59


The Children Act was enacted in 1996 as a comprehensive law to deal with all issues relating to children. It,
as much as possible draws from the rest of the laws and provides guidance on how to handle children matters
when they arise under specific laws. It aims at providing more protection for children. For the many years that
the Act has been implemented, law enforcement agencies, probation workers and other development agencies
have identified flaws of the Children Act. Government in a bid to provide a safe and healthy environment for
children, government has instructed the Uganda Law Reform Commission to review the law, a process that is
on-going. Through broad consultative processes with policy makers, implementations, development partners,
communities, local administration and children themselves, it is envisaged that the Act will even be more
comprehensive on the rights and welfare of children. More information on the Children Act is outlined in the
previous section (See 1.4 and 1.7.3).

2.1.3 The Creation of Family and Children’s Courts and Family Protection Units of police
Considering the protracted nature of accessing justice in a developing country like Uganda, the Children Act
chose to overcome this anomaly for the sake of protection of children from long gruelling court processes that
take between many months to years. The Act provides for an alternative to settling cases of children that are
of criminal nature, except those which carry the maximum death sentence and civil cases related to only
applications concerning childcare and protection such as maintenance cases, or parentage cases. This is the
Family and Children‟s Courts (FCC) mentioned in 1.4 in the previous section. Grade II Magistrates in the
various districts in Uganda have the jurisdiction to handle cases brought to the FCC. While FCCs are not fully
functional in all the districts, plans are underway to institute them in all districts. Working along side FCCs are
Child and Family Protection Units offering emergency, preventive and supportive services to child victims of
violence. The Units are intended to provide child friendly services addressing violence and abuse as well as

5 Article 17(1)
6 Article 34 (4&5)

7
engage in community outreach, sensitization programmes, counselling in communities and schools. Some
locations also have Police Community Liaison Officers under the Community Policing Programme whose
duties include intervention in juvenile crime cases as well as educating the public on legal issues generally and
those pertaining to children specifically.

2.1.4 The Remand Homes


Uganda has instituted remand and detention centres for children who have to be incarcerated. The remand
homes where they exist are supposed to operate on a regional basis while the National rehabilitation Centre is
a national institution. This is an effort to separate children from adult criminals who not only can abuse them
but can also drill them into being hard core criminals. The greatest challenge currently is the limited number of
functional remand homes which only exist in Kampala, Kabale, Mbale, Kabarole and Gulu, which is still
impacting on the administration of juvenile justice. Children are forced to move very far from their homes
therefore detaching them from parental visits and that of the PSWO. It also affects the speed at which cases
regarding children are settled due to large numbers in one place. The other challenge is the technical skill of
deciding which child should be incarcerated and which one shouldn‟t. Lack of knowledge for interpretation of
the legal framework is a major cause of incarceration of children whose cases can be handled in community.

2.1.4 The PEAP Framework


Uganda in the past had a specific framework for all actors to protect the rights of children in areas of survival,
development, protection and participation, the Uganda National Plan of Action for Children (UNPAC).
Following the embracing of Sector wide approaches, Uganda developed a Poverty Eradication Action Plan
(PEAP) that is the overarching national planning framework. Children‟s concerns have been integrated into
the PEAP and are therefore in the Sector Investment Plans through which all funding is channelled.
Mainstreaming child rights issues in macro economic policies is one way to which resources can be
channelled to promote the realization of child rights as provided for in the charter and other principal
frameworks.

In addition to the PEAP and sector strategic plans, other recently developed policies that promote the rights
and welfare of children are:

Universal Primary Education (UPE) 1997, providing for free tuition to all children in primary school
The Gender Policy 1997, which has since been revised. It provides for gender mainstreaming and an
action plan to implement it. It recognises disparities that need to be addressed in order to eliminate
disparities among children.
The Youth Policy 1995 recognising specific issues that apply to children including adolescent
reproductive health needs.
The National Orphans and other Vulnerable Children Policy (NOP) 2004, which highlights the plight of
these unique groups and designs how to address them in order to have the rights and welfare of these
categories of children realised.
The Revised National Strategic Framework on HIV/AIDS Activities in Uganda that guides intervention
on HIV/AIDS. Children are largely infected by HIV/AIDS through their mothers, thus the promotion of
PMTCT. Children are also affected by HIV/AIDS
A draft National Child Labour policy aiming at guiding employers, parents, communities and children
on employment issues relating to children. Children are often exploited by employers.

8
2.1.5 The Uganda Human Rights Commission (UHRC)
This is an independent Constitutional body established to promote and protect human rights in Uganda. It is
established under article 51(1) of the Ugandan Constitution and by the Uganda Human Rights Commission Act
No.4 of 1997. The Commission is mandated to empower the public by giving them basic knowledge about
their rights. In this respect, the Commission has a protocol with the UPDF and has a programme of training
security agencies and sensitizes the general public in human rights issues including children‟s rights. It has
up-to-date organized and held sensitization workshops and media programmes, published a number of
materials; conducted education and training workshops for, local council leaders, teachers, youths and
students with the aim of disseminating to the public the provisions of the charter enshrined in the domestic
human rights instruments. The table below shows the number of people sensitized and trained by the
Commission in 2004.

Number of people who have attended the workshops in 2004


No. Target groups Trained in Human Rights No. Sensitized
1. UPDF 440
2. Intelligence Officers 100
3. Special Police Constables and Police Constables 374
4. Local Council Leaders 1,119
5. Youth Leaders 70
6. Secondary School Teachers 230
7. Civil Servants, Private Sector, Youth. 157
Totals 2,490
Source: Uganda Human Rights Annual Report 2004.

The Commission also has a child rights desk and has been handling cases relating to child neglect and abuse.
Every year, it produces an annual report that has a specific section reporting violation of the rights and welfare
of children. The Commission is also spearheading training on human rights based approach to programming
to influence planning processes to focus on rights. In that way, the budgets to implement the plans would also
focus on fulfilling rights including that of children. In development planning outside education, children are the
most marginalised.

2.1.6 The Local Government Act


The Local government Act (Cap 243) is the enabling law for decentralization of government administrative
structures to allow for representation and accessible authority in close proximity. This decentralization has
enabled the reinvigoration of the District Probation and Social Welfare Office and having services closer to the
children and their families. This office bears the specific responsibility for protection issues having particular
focus on protection needs of children. Key focus areas for the Probation and Social Welfare Office are:
Monitoring and lobbying for the security of children.
Ensuring that children live in environmental conditions that minimizes threats to their protection
Facilitating the children‟s rights to be heard.
Providing financial and material assistance to children in need.
Providing social and welfare services for children and their families.

9
2.2 Measures to Promote Positive Cultural Values and Traditions
Despite outlawing harmful cultural practices, some cultures which contravene the provisions of the ACRWC,
are still practiced in some communities. These included female genital mutilation (FGM) practiced in some
parts of the country especially among the Sabiny people in Kapchorwa and Bukwa districts in North-eastern
Uganda; the emerging challenge of child sacrifice, child trafficking, and discrimination of girls in education.
Government in collaboration with its partners such as UNFPA has intensified effort to sensitize the general
public about the dangers of such practices. Studies are being done to understand child sacrifice and child
trafficking. The immigration department is also very strict on issues of migration with children. The
liberalization of the media has helped to unearth practices and customs which impinge upon child rights. The
media has also been used by Government and other stakeholders to sensitize the masses on child rights
issues.

2.3 Mechanisms for Coordinating Policies Relating to Children

2.3.1 The Creation of National Council for Children (NCC)


NCC is the lead agency mandated to oversee the implementation of the national and local instruments on the
rights and welfare of the child. In order to make operational and ensure the effective implementation of
Uganda National Programme of Action on Children (UNPAC), which is multi-sectoral by design, Government of
Uganda established the National Council for Children, first as an interim body in 1993 and later by Statute No.
16 of 1996.

NCC provides structure mechanism for proper coordination, monitoring and evaluation of policies and
programmes relating to the survival, development and protection of children in Uganda. It identifies the needs
and problems of children and communicates them to government for action. The establishment of the NCC
was intended to have an independent body to monitor all issues relating to children, within government
ministries as well as the civil society.

2.3.2 The Civil Society and Development Partners


Civil society organisations play a very important role in ensuring implementation of the Charter. International
NGOs such as the International Committee of the Red Cross (ICRC) promotes International Humanitarian Law
in order to protect and deliver services to survivors of disaster including armed conflict, floods, earth quakes
and land slides. Others such as Save the Children in Uganda, ANPPCAN, UCRNN among others implement
various interventions including training children and stakeholders; initiating child participation in school and at
project level and participating in lobbying of policies, legislations and budgets favourable for children.
Development partners and donors provide financial and technical support to implement government and civil
society programmes. In providing technical expertise, they influence policies, laws, actions and budgets.
They also participate in sector working groups to influence plans and actions emanating from the plans. Each
agency, say within the UN works along its mandate. UNICEF‟s major focus is emergency for children looking
at water, education, health and protection; WFP provides food, WHO is charged with health especially setting
health standards, UNAIDS focus is HIV/AIDs and UNFPA with adolescent reproductive health.

2.4 Mechanisms for Monitoring the Implementation of the Charter


There are both government and non-government mechanisms for monitoring the implementation of the
provision of the Charter and its enabling laws in Uganda. In preparation of this report, all stakeholders were
engaged, each highlighting areas where they have contributed and concerns regarding performance in their

10
sectors. The government is presenting this report and will request the civil society to present its own report, if
need be.

2.4.1 Ministry of Gender, Labour and Social Development (MGLSD)


As earlier noted, MGLSD is mandated to promote social protection of the poor and vulnerable children. The
Ministry runs many programmes that include the protection of children from violence and exploitation. In 2004
MGLSD developed the National Strategic Programme Plan of Interventions for Orphans and Vulnerable
Children (NSPP) which presents an opportunity to develop a more comprehensive protection response for
vulnerable children. Many aspects of the NSPP, which embrace families as well as children, contribute to
protection through strengthening legal, policy and institutional frameworks. The NSPP envisages strong
collaboration and coordination between local government, civil society and private sector at the community
level in the promotion and protection of child rights

2.4.2 The National Council for Children


For purposes of reporting on this section and for emphasis to stress that NCC is the lead agency for co-
ordinating and monitoring the implementation of child rights related programmes. However, government
recognizes the structural and other challenges faced by NCC and has proposed to restructure and replace it
with the Ugandan National Children Authority (UNCA) with adequate human and financial resources to
execute its mandate

2.4.3 Uganda Child Rights NGO Network (UCRNN)


UCRNN, a network of over 70 child focused NGOs has the mandate of monitoring the implementation of local,
national and international legal instruments. The network has been very instrumental alongside government
and UN agencies in providing alternative reports on the implementation of child rights related instruments such
as the UNCRC and ACRWC through its membership spread across the country.

2.5 Measure for Disseminating the Provisions of the Charter


The MGLSD together with other stakeholders have been carrying out systematic sensitizations,
trainings and other forms of information, education and communication campaigns throughout the
country through which the provisions of the charter are made known to the public. However a number of
factors such as mass illiteracy and poverty have hindered this effort. Consequently the charter is not
fully known by many members of the public particularly law enforcement officials, teachers especially in
remote areas, health personnel, social workers and personnel of childcare institutions.

2.6 Measures for Disseminating Reports to the Public


Reports are shared with all major stakeholders at various levels, both state and non-state, before and after
submitting to the Committee of Experts on the Rights and Welfare of the Child. Dissemination is carried out
mainly through the print and electronic media and workshops. The report together with the observations and
recommendations form the Committee of experts will also be disseminated in workshops at all levels.

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SECTION III: DEFINITION OF THE CHILD
In consonance with the CRC and the ACRWC, the Children Act recognizes the child as any person below the
age of 18 years. It would seem that the legal framework considered this age as one where a person is able to
make informed decisions of life. In the Penal Code Act, a person below the age of 18 years is incapable of
consenting to sexual intercourse. This consent is considered as ability to decide with full knowledge of the
implications. The same age is considered as the age at which one can found a marriage as defined by the
Constitution.

There are instances where children below the age of 18 years take responsibility for certain matters. The age
at which one cannot enter into any form of hazardous labour is 16 years in the national laws, though Uganda
has ratified a convention that places it at 14 years. Equally, the age of criminal responsibility under the
Children Act, Cap 59 is 12 years.

There are a number of challenges regarding who a child is, and or what they are able to do. In some
instances the national laws are still contradictory. For example, while the Constitution places the age of
marriage at 18 years, some marriage laws provide for marriage at the age of 16 years or below. These include
the Customary Marriage Act, the Marriage of Africans Act and the Marriage of Mohammedans Act. The
Constitution being the supreme law of the land, its provisions overrule that of other national laws. However,
this places difficulty on proper implementation of laws to adequately protect children.

In the traditional setting, any person who is still under the care of their parent is considered a child. This
applies especially to persons who are still in school even if they are above 18 years. On the other hand,
children who marry or have children early are usually considered and treated as adults. For, example, a girl of
15 years who has a baby or is married is considered a woman as opposed to her colleague who is 17 years,
not married and with no child. Other girls who are still in school but older than 18 years are practically
considered children as opposed to the younger in the example above. This is limiting in as far as protection of
children is concerned. The fact of early marriage or early child bearing does not make one any older than they
are and does not take away their right to survival and development that goes with duty to them by those
concerned. It is this skewed considerations that often lead to unfair practices as refusing pregnant girls or
child mothers to continue with education. It may also account for the fact that parents force their pregnant
daughters to marry the perpetrators of sexual abuse, in addition to what is defined as loss of value by the girl.

Regarding the definition of a child, Uganda will need to do a lot more in terms of legal reform and community
sensitisation. The current review of the Children Act will also create room to highlight those other laws that
contradict the Constitution and the Children Act, such as the marriage laws. Equally, the age of marriage
should relate to the age of consent to sexual intercourse considering that the current legal framework for
Uganda assumes consent to sexual intercourse on marriage. Harmonising of laws is an urgent agenda for
Uganda. This should be followed by simplification, translation and wide dissemination and education of all
stakeholders.

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SECTION IV: GENERAL PRINCIPLES

4.1 None Discrimination


In line with Article 2 of the ACRWC, the Ugandan Constitution under Article 21, provides for equality before the
law and protects all persons against discrimination on grounds of sex, race, colour, ethnic origin, tribe, creed,
religion, social economic standing or political opinion. However, Government is aware that discrimination
against certain groups of children in practice still exists. The basis for discrimination include: gender biases
within the family and community such as son preference, overworking of girls and putting low priority on girls‟
education; geographical location (rural areas and some remote district/locations have less access to resources
and services); religion, ethnicity; poverty; disability and refugees.

General attitudes towards children in society at large are sometimes negative and authoritarian. For example,
children are expected to show respect and obey parents, elders and those in authority. Children are
sometimes seem as property of family and subordinated to families and clans. According to a baseline survey
on girl child sexual abuse, “children have no voice and keep quiet when their rights are infringed upon,” (FIDA,
1999).

Discrimination is sometimes unintended for example; facilities including schools do not have provisions for
children with disabilities. These include ramps in high places; spacious wash rooms that can accommodate
wheel chairs; and adequate learning materials and equipment for the different forms of disability. In institutions
where children need to communicate their concerns such as health centres and the justice system, there are
no sign language experts who can facilitate easy communication for such children. The situation at the family
and community level is worse whereby in some homes children with disability and hidden in the house, poorly
dressed and their health conditions are ignored depending on the severity of disability. Disability is often seen
as bad luck or a curse and may even result in one of the parents, usually the mother being blamed for
producing such child.

Some of the causes of discrimination are deep-rooted, for instance, in cultural beliefs. Actions taken by
Government to counteract these beliefs include the development of National Gender Policy and National
Action Plan on Women; the implementation of UPE; the development and implementation of the PEAP; the
development and implementation of the plan of action to fight corruption; and the creation of the Equal
Opportunities Commission.

There is a specific institution that currently handles issues of policy and advocacy for persons with disability,
the National Union of Disabled Persons in Uganda (NUDIPU) that is the National Council for Disability. In
Parliament, there is representation of persons with disabilities on a regional basis. These articulate concerns
of persons with disability at the legislative level. Within schools, efforts have been made to provide for at least
on special needs teacher per school. These are not adequate to cover all the needs however more are being
trained at the Uganda National Institute of Special Needs Education (UNISE). There is also increased
sensitization at community level for people to understand that a person with disability has equal rights with
others. In some public places and the media, translation in sign language is used.

Within the education sector, discrimination that is inherent as a result of geographical and cultural factors, has
been addressed by introducing interventions for complementary education for street children, children in the
nomadic pastoral areas of Karamoja –Alternative Basic Education for Karamoja (ABEK) and the
disadvantaged children in Kamuli and other lakeshore areas-Complementary Opportunities for Primary
Education (COPE). Availability of early childhood development (ECD) centres has contributed to reducing

13
discrimination against the girl child who would stay home to look after younger siblings while the rest go to
school. ECD centres absorb the younger children during the peak hours of work providing more time to family
members to engage in other development activities.

4.2 Child Participation


Participation is one of the rights that has not been adequately understood and applied in Uganda. The
Constitution provides for people‟s participation in decision making. This is equally echoed in the Local
Government Act though there is no specific mention of children as part of the people. It is assumed that these
provisions apply to every body. The Children Act, in addition to articulating the principle of the best interest of
the child also stipulates that children views should be sought in matters of juvenile justice, fostering and care
orders. This is a sign of efforts towards getting children to engage more and more on issues that affect their
survival and development.

The most common practice in schools and indeed other places is giving opportunities to children to express
their views through songs, drama, debate, child rights clubs and story telling. While some of these songs and
dramas are adult initiated, it opens the children‟s minds to presenting before adults. However, depending on
the age and types of significant adults they relate with, child participation can be limited. In practice many
adults including parents expect that children will listen and obey; “children should be seen, not heard”.
Children‟s upbringing emphasises parental power, obedience and long hours of work (FIDA, 1997).

A major IEC campaign, the Sara Initiative, is being implemented to promote the development of the girl child.
The GEM clubs also offer practical participation approaches for children while contributing to keeping children
in school and motivating those who have dropped out to return. In a more recent development, the Ministry of
Gender Labour and Social Development in collaboration with UNICEF and Uganda Child rights NGO Network
have drafted a Child Participation Guideline aimed at promoting child participation in a none exploitative and
meaningful manner in line with Article 6 of the ACRWC.

4.3 Child Survival and Development (Article 5 ACRWC)


The above guiding principles of child rights are reflected in the Uganda National Plan of Action for Children,
whose goal is to establish and achieve survival, protection and development targets related to children and
women that build on existing government policies, structures and sectoral plans.

To ensure child survival, measures have been taken to improve the quality of, and accessibility to health care
services. Health units have been rehabilitated and new ones have been constructed. There is an improvement
in supply of drugs and medial equipment to health units. Government has set the following targets in relation
to the health and well-being of children, to ensure their survival: Maintenance of high levels of immunisation
coverage (at least 85% of infants under one year) against 6 immunisable diseases and against tetanus for
women of child-bearing age; elimination of neo-natal tetanus cases; elimination of poliomyelitis cases;
reduction of 95% of mortality due to measles; reduction by 30% of the deaths caused by Acute Respiratory
infections in children under five years and reduction of malaria caused mortality in under-5 years from 20% to
10% and morbidity by 30%;

Other targets are: reduction of malaria in pregnant mothers by 60%; reduction of deaths due to diarrhoea by
50%; and reduce the incidence of diarrhoea by 20% in children under five years; reduction of mother-to-child
transmissions of HIV by reducing conception of HIV positive women; reduction of transmission of HIV in the
health care setting and through socio-cultural practices; and reduction of the socio-economic impact of HIV-

14
infected parents on children through reducing suffering and prolonging the useful life of their parents and
through assisting communities and care for orphans.

In addition, Government has made efforts to coordinate and integrate primary health care programmes in all
health centres. Included are the integrated management of childhood illness treatment programme, safe
motherhood promotion through mother-baby package and the development and use of an essential health
care package.

To overcome inadequate knowledge, negative attitudes and practices that promote poor health among
children and thereby threaten their survival, the Ministry of Health has embarked on a nationwide IEC
campaign to create awareness on various health aspects. All the above measures are consonant with Article
14 of the African Charter

Survival and development also means improvement in education for children. Through UPE, there is an
increase in school enrolment among both boys and girls. While the drop out ate are still high, studies to
understand and therefore re-strategize of better education have been carried out and the implementation of
some of the recommendations are underway. The government has introduced free tuition at post primary level
to attract more children to higher education; socio-economic factors that impede education are also being
addressed. For example, lack of sanitary towels for older girls in school cause absenteeism and eventual drop
out. Adequate sanitation facilities in schools for girls and a more protective environment are other related
factors. Corporal punishment has been outlawed. Efforts to design alternative forms of disciplining are
underway and policies for creating a protective environment for children have also been planned.

15
SECTION V: CIVIL RIGHTS AND FREEDOMS

5.0 The Right to Name and Nationality (Article 6)


Article 18 of the Constitution provides for registration of every birth. The Birth and Death Registration Act also
provides for the registration of births and deaths before the elapse of six months. During the years of political
turmoil and mismanagement, mechanisms for registration of births and deaths were run down. The practice
and requirement for registration is lax. However, today Government in collaboration with UNICEF and other
partners are making efforts to revitalise the process of registration of births and deaths nationally. Issues of
name and identify are provided for in the Uganda Constitution and the Children Act. The Constitution specifies
who a citizen of Uganda is by birth and by registration.

Article 11 of the Constitution provides that a child of not more than five years of age found in Uganda, whose
parents are not known, shall be presumed to be a citizen of Uganda by birth. It also provides for adoption of
children both by non-Ugandan citizens. It states that a child under the age of 18 years neither of whose
parents is a citizen of Uganda, who is adopted by a citizen of Uganda shall on application be recognised as a
citizen of Uganda.

5.1 Preservation of Identify


In line with Article 6 (4) of the ACRWC, the Children Act provides for the right of a child to know the identity of
both parents and guides on separation. Where the child is deprived of his identity through denial of parentage,
if evidence of parentage is established this ensures that the child belongs to the clan and can inherit the
property of a declared parent (Part IX of the Children Act). The Act also guides on issues of adoption where
the child preserves his/her name and religion and in addition are allowed to be shown to their biological
parents when the child is of age, and if the parents are known and are still alive.

5.2 Freedom of Expression (Articles 7 of the ACRWC)


Freedom of speech7 and the right to access to information8 are provided for in the Constitution and further
articulated in the Access to information law. The liberalisation of the media also provides opportunity for
children to express their views beyond the confines of the family. The media has provided children with an
opportunity to express their views on various issues of interest to them. Almost all the print and electronic
media have provision for children to express their views. Leading newspapers have weekly column specially
reserved for children. Radio and television stations also have programmes for children; these are presented
by the children. The government newspaper, the New Vision runs a monthly pull out entitled „‟Young Talk‟‟ in
which children discuss issues that are of interest and relevance to them. „‟Young Talk‟‟ is widely distributed all
over the country. However, the variety, quality and appropriateness of some of these media programmes
available to children are still a challenge.

At a higher level, on an annual basis, children, at district level participate in the international day of
broadcasting. The winning teams get trophies and other presents. This is not only empowering but also trains
children for competition where there is winning and losing. This approach is spearheaded by UNICEF.

Children are free to join associations and participate in peaceful assembly. Many schools in Uganda today
have established debating clubs and child rights clubs, which provide children with an opportunity to access

7 Article 29
8 Article 41

16
information and to discuss issues of interest to them. Unfortunately, such opportunities are limited to children
in schools, especially those located in urban areas.

5.3 Freedom of Association and Peaceful Assembly (Article 8)


Freedom of assembly is provided for in Article 29 of the Uganda Constitution. Government encourages co -
curricula activities in schools, which enable children to develop their capacity and enhance their character
formation. Many schools have a number of clubs and associations to which membership is open to children.

5.4 Freedom of Thought, Conscience and Religion (Article 9)


It is every person‟s right to belong to and profess any religion in the community with others that is consistent
with the manner of the Constitution9. No specific reference is made to children, although there is freedom of
worship and children in Uganda normally practice the religion of their parents.

5.5 Protection of Privacy (Article 10)


The right to privacy of a person, home and other property is provided for in Article 27 of the Constitution. The
Children Act provides for the child‟s right to privacy in judicial proceedings (Section 103). It emphasizes the
need to respect the child‟s privacy to avoid potential harm that may be caused to the child by undue publicity.

5.6 Access to Appropriate Information


Government has made efforts to increase the availability and access of information materials to children for
academic instruction, general information and entertainment. It has approved the use of materials produced
and published locally for the school curriculum which are more relevant, cheaper and accessible than the
traditionally used books that were mainly imported from outside the country. National libraries exist at district
headquarters, mainly of the older districts. Some of these are currently dysfunctional but rehabilitation is
planned. The service is also only available to urban children, discriminating those who live in the rural areas.

5.7 Protection from Child abuse and Torture (Article 16)


In line with Article 16 (2) of the Charter, Uganda has legal frameworks to protect children from torture and
inhuman treatment. Article 24 of the Uganda Constitution provides that no person shall be subjected to any
form of torture, cruel, inhuman or degrading treatment or punishment. The Children Act (Section 6) also
provides for the protection of children from violence and abuse. This provision in the Penal Code applies to all
persons and can be used to protect children.

Awareness campaigns have been undertaken in the media to advocate against physical violence against
children. The Ministry of Education and Sports, in conjunction with the African Network for the Prevention and
Protection against Child Abuse and Neglect (ANPPCAN), a child rights NGO and other partners conducted a
series of stakeholder consultative meetings in a bid to generate alternatives to corporal punishment as a
means of disciplining children in Uganda. The Ministry of Education with support from UNICEF has drafted
guidelines on alternative forms of disciplining.

When cases of torture are brought to the attention of the authorities due process of law is applied. However, it
should be noted that, it is often severe cases that are reported. Measures have also been developed to
ensure physical and psychological recovery and reintegration of children who have been tortured. These
include psycho-social services provided mainly by health care providers and community workers. Children

9 Articles 29 and 37

17
who have been subjected to torture are provided with medical treatment from the centers to help them recover.
Many schools have now trained teachers who provide counseling to victims of torture in schools.

18
SECTION VI: FAMILY ENVIRONMENT AND ALTERNATIVE CARE

6.0 Parental Care and Protection (Article 19)


Two major kinds of family structures exist in Uganda: the nuclear family which comprises of the husband, wife
and their children; and the extended family which consists of the nuclear family plus the near and distant
relations of the husband and wife. In addition there are the polygamous families, the single parent families and
of recent, child headed families as a result of the impact of HIV/AIDS. It is the responsibility of parents and
their rights to take care of their children as expressed in Section 6 of the Children Act. The welfare principle
which embodies the principle of the best interest of the child, underpines the responsibilities of parents towards
raising their children.

Government of Uganda is implementing a National Early Childhood Development (NECD) project with the
objectives of educating parents on how to prepare a firm foundation for their children. Implementation has
been ongoing in 25 districts through various NGOs and CBOs between 2000 and 2005.

6.1 Parental Responsibilities (Article 20)


The primary duty of child care naturally and by law falls on the parents. The Constitution in Article 31 (4)
provides that it is the right and duty of parents to care for and bring up their children. The Children Act section
6 emphasizes the responsibility of parents toward their children. It states that “every parent shall have the
responsibility for his/her children”. The Children Act also provides that in the upbringing of the child, any
decision made on behalf of the child shall be in the best interest of the child. The duty, in the absence of
biological parents falls on the extended family though this is not outlined anywhere and is also getting
weakened due to the increasing burden of orphans.

The Children Act provides for support of children by the local authorities in case the parents or guardians are
unable to take proper care of their children (part III section 11-13). The local authorities are required to provide
assistance to the children in need in their areas of jurisdiction. The Government of Uganda is unable to
provide direct assistance to children of single parent families and those from the disadvantaged groups, but it
has created an enabling environment for the emergence of organizations that focus on such children. Such
organisations include: the Single Mothers‟ Association, Save the Children in Uganda, African Network for
Prevention of Child Abuse and Neglect (ANPPCAN), World Vision, Christian Children‟s Fund, Gulu Save the
Children Organization (GUSCO), Concerned Parents‟ Association, Action for Children, Feed the Children,
Action Against Child Abuse and Neglect (AACAN) and other actors that provide services to specific groups of
vulnerable children.

6.3 Separation from Parents (Article 25)


In line with Articles 25 and 19 (1 and 2) of the Charter, the Ugandan Constitution under Article 31 (5) provides
for the right of children not to be separated from their families or the persons entitled to bring them up, against
the will of their families or those persons, except in accordance with the law. The provision in the Constitution
provides for implementation in the Children Act Section 5 where a competent authority is required to
determine, in accordance with the laws, that separation from parents is in the best interest of the child, the best
substitute care shall be made available for that child.

The Probation and Social Welfare Officer based at each district local government structure, is responsible for
ensuring that a child whose best interests are at stake is provided with appropriate alternative care. A
Supervision Order is provided for placing such a child under the supervision of the Probation and Social
Welfare Officer, while leaving the child under the care of the parents.

19
A Care Order is provided for children who are suffering significant harm or are likely to suffer under their
parents care and children in danger. Under the Care Order, the Probation and Social Welfare Officer or an
authorised person makes an application for a care order placing the child under the care of the warden of an
approved home or with foster parents. During the period of separation from the parents, the wardens of the
approved home or the foster parents have parental responsibility for the child.

The child‟s contact with the parents while in the approved home or with the foster parents is encouraged,
unless it is not in the best interest of the child. The warden (where the child placed in an approved home) or
the Probation and Social Welfare Officer (where the child is placed in a foster home) has responsibility of
ensuring that communication is maintained with parents of the child.

The Children Act specifies the duty of the Probation and Social Welfare Officer to work with the parents,
guardians or relatives to whom the child is expected to return after the termination of the care order. In this
respect, the Probation and Social Welfare Officer is required to provide the child and family with counselling,
before, during and after the child‟s return. Assistance may also be obtained from members of the community
who can help to resolve the problems that caused the care order to be made.

In practical terms, these provisions have not been widely implemented due to the Uganda setting. Foster
homes and remand homes are not considered the best option for child care but only used as a last resort.
There are also disadvantages that come with such orders considering the resources available to these homes.
There are however, few cases where fostering has been implemented. These are mainly in urban areas and
for very short period of times.

6.4 Family Reunification (Article 25 (2) b)


In Uganda, no specific legislation exists to address the right to reunification as provided for in the UN CRC and
the African Charter on the Rights and Welfare of the Child. The Immigration Act (Cap 63) regulates only
immigration and not family reunification. Development partners, especially UNICEF and ICRC have however
coordinated reunification of formerly abducted children from Sudan with their families. They apply international
standards to re-unify children to their families. This often begins with the children going through, at least three
months of psycho-social support in established centres.

6.5 Sale, Trafficking and Abduction (Article 29)


An estimated 30,00010 children in northern and western Uganda have been abducted by the rebels of the LRA
and the ADF since 1986. Measures have been taken by the Government through the UPDF‟s Operation Iron
Fist (OIF) and through UN agencies, notably UNICEF, to recover and ensure that these children are returned,
rehabilitated and resettled with their families. Such measures include the enactment of the Amnesty Act, the
normalisation of diplomatic relations with Sudan, Uganda-Sudan psychosocial cross-border initiative and
various other efforts by civil society organizations at local, national and international levels.

10 UNICEF, 2004

20
SECTION VII: HEALTH AND WELFARE

7.0 Child Survival and Development


Uganda developed a long term National Development framework, Uganda Vision 2025. Later the overarching
planning framework, the Poverty Eradication Action Plan (PEAP) that has a three year circle was developed.
Overall these documents promote:
i. Harmonious co-existence that promotes social inclusion and integration among the people of Uganda.
ii. Effective governance through a democratic process
iii. A healthy, well-educated society with a high quality of life
iv. Equal opportunities, empowerment and economic prosperity for all.

These, if effectively implemented, would impact on the rights and welfare of children as well. There are a
number of complimentary policies and programmes as well. Emanating from the PEAP in as far as health is
concerned, is the National Health Policy, the National Population Policy. Other policies that support
implementation of health are the National Youth Policy, the National Gender Policy, the Basic Education policy
for disadvantaged Groups, the Anti -Retroviral Treatment Policy for Uganda, the Universal Primary Education
Programme the programme for Reduction of the Mother-to-Child HIV Transmission and the Plan for
Modernisation of Agriculture (PMA), (creates more income to farmers and uplifts nutrition), the Orphans and
other Vulnerable Children (OVC) policy, the National Child Labour Policy, the Disability Policy and the National
Plan on Child Sexual Abuse and Exploitation. All these policies are in line with Article 5 of the Charter and
either guide other interventions related to health promotion or provide a protective environment for provision of
other services.

7.2 Health and Health Services


In line with Article 14 of the charter, the Ministry of Health (MoH) is making efforts to promote child health.
Through Health Policy and the Health Sector Strategic Plan (HSSP) 2002, it aims at attaining sustainable
standard of health for all Ugandans in order to promote a healthy and productive life. The key strategy in this
policy is provision of primary health care especially to women and children, and consolidation of existing health
services. The policy seeks more involvement of the community and the private sector in the development and
delivery of health services.

The health sector working group is also working through a concerted effort of all the partners to improve the
lives of communities, especially children. Technical and financial support is provided to NGO health facilities
in order to increase access to health by communities. Surveillance, immunisation, prevention of malaria
through distribution of mosquito nets is also on the increase. The sector has introduced community health
mechanisms to manage minor cases such as fevers. The village health teams (VHTs) are volunteers in the
community trained to manage fevers, diarrhoea and other mild illnesses. They are equipped with a small
contingent of non-classified medication and also trained to gauge when the situation needs to be referred to
the health centre. These are volunteers who live in the community.

7.2.1 Orphans and other Vulnerable Children


Ugandan communities have traditionally absorbed orphans within the extended family system. Recent reports
show that one in four households in Uganda fosters at least one orphan by providing for health, shelter,
nutrition, education and other needs. However, many of these care-givers are over burdened and often lack
the socio-economic capacity to provide adequate care and support for the children. Community, faith based
and other civil society organisations have stepped in by providing information, vocational skills training, basic

21
education, medical care, counselling, micro-credit and other relevant services. These groups too, often lack
the human and financial resources to adequately respond to the problem.

Many orphans are forced to live on the streets or under exploitative conditions of labour and sexual abuse.
Many of them live in child-headed households where they fend for themselves and support their younger
siblings. Some of these children are infected with HIV either through mother-to-child transmission or through
defilement. It is estimated that there are about 10,000 street children in Uganda (OVC Policy, 2005)

Number of Orphans in Primary Schools


No. of Orpans

1,500,000
Male
1,000,000
Female
500,000
Total
0
2001 2002 2003 2004

Years

The Ministry of Gender, Labour and Social Development together with other stakeholders formulated the
Orphans and other Vulnerable Children (OVC) Policy and National Strategic Programme Plan of Interventions
to guide stakeholders in providing for and caring for these disadvantaged children.

The focus of the policy is on the most vulnerable children who are without families and who may not
necessarily be orphans, with the intention of re-integrating them back into the family. Through the programme
attention will also be placed on needy households of adults and children that may or may not contain an
orphan, with the intention of mitigating the impact of vulnerability in Uganda‟s current context of HIV/AIDS,
poverty, gender, among others.

7.2.2 Establishment of A Street Children’s Desk at the MGLSD


This was established to co-ordinate activities of all NGOs active in working with and for children living on the
street. Guidelines for practitioners working with street children in Uganda has been developed whose goals
are to: reduce physical, emotional and psychological abuse of children living on the street; provide temporal,
qualitative and developmentally-oriented care for children on the street that leads to improvement in the quality
of their lives; encourage children living on the street; provide alternative self-support activities that empower
them to live an independent and productive life and encourage vocational skills training so that they can use
these skills to earn a living. The guidelines further aim at making the police more responsive to the plight of
children living on the street and in the process develop child-friendly approaches to handling them and
developing a good working relationship between street workers. These measures will improve the efficiency
and quality of services rendered by different stakeholders to street children in Uganda.

Government has come up with a training manual for those who work with children living on the street. The
manual aims at standardizing services and providing knowledge and skills for handling of these children.

22
Government is currently implementing a strategy aimed at removing and re-integrating the children back to
their communities. Of recent out of 370 children from the streets of Kampala, over 200 have been successfully
re-integrated. The experience from this exercise has been documented and will be used to remove street
children from other urban areas of Uganda. Many of the street children who have been resettled have joined
primary schools through the UPE programme. Some of the children who have not been resettled are benefiting
from skills offered by NGOs focusing on carpentry, metal fabrication, tailoring, agriculture, radio and TV repairs
among others.

Towards the end of 2007, government together with UNICEF and other NGO actors identified children from
Karamoja living on the streets. Some were with parents or other adults from their families. Using participatory
approaches, they were counselled and they agreed to return to Karamoja where they were resettled. They
were provided with resettlement and livelihood support. This process helps the children and their families
understand the disadvantages of street life and begging as opposed to a settled life in a community where
children grow and develop.

However, despite all efforts, children living on the street remain a problem in many Ugandan urban centres.
This has been mainly caused by displacement due to conflicts and wars, orphaned due to HIV/AIDS and other
diseases plus a host of other push and pull factors.

23
SECTION VIII: EDUCATION, LEISURE AND CULTURAL ACTIVITIES

8.1 Education
Government of Uganda recognizes basic education as both a human right and an important investment in the
future productive capacity of the economy. Government has, therefore accorded basic education a very high
political profile. In 1997, Government demonstrated her commitment by declaring Universal Primary Education
(UPE). Through Local Government Development Programme (LGDP), government also embarked on
classroom construction. In addition, Government provides building materials such as iron sheets, timber,
cement and nails to government-aided schools. As a result of UPE the primary school enrolment increased
from 2.6 million in 1996 to 7 million children in 2004.

Between 2000 and 2004 secondary school enrolment and the number of teachers has more than doubled with
a student teacher ratio rising. With government policies on liberalisation, the number of private institutions in
the education sector has risen absorbing more than half of the total enrolment. Government universities have
increased unlike when it used to be only one (Makerere University) in the late 80‟s and also more courses
have been created to suit the labour market. This in turn has increased the number of government sponsored
students.
Table 4: Education Statistics 2000-2004
2001 2002 2003 2004

Primary schools

Male 3,528,035 3,721,135 3,872,589 3,732,928

Total Enrolment Female 3,372,881 3,633,018 3,760,725 3,644,364

Total 6,900,916 7,354,153 7,633,314 7,377,292

Male 341,818 401,731 521,587 522,133

Repeaters Female 314,044 372,583 492,685 495,440

Total 655,862 774,314 1,014,272 1,017,573

Male 241,721 263,216 263,216 636,284

Orphans Female 231,082 255,724 255,724 616,294

Total 472,803 518,940 518,940 1,252,578

Male 95,519 117,824 133,487 117,002

Pupils with special needs Female 77,624 100,462 114,466 101,378

Total 173,143 218,286 247,953 218,380

Primary teachers Male 80,824 85,461 91,424 87,362

24
Female 46,214 54,023 54,163 54,099

Total 127,038 139,484 145,587 141,461

Government 9,187 10,460 10,876

Primary schools Private 2,488 1,705 1,521

Community 605 1,188 1,010

Quality Enhancement Indicators

Pupil Teacher Ratio 54 53 52 50

Pupil Classroom Ratio 90 88 87 79

Gross Enrolment Rate 129.85 126.31 127.45 104.42

Net Enrolment Rate 117.51 99.8 100.77 90.01

Gross Intake Rate 193.63 155.21 155.74 147.11

Net Intake Rate 70.05 57.75 59.05 55.89

Secondary Schools

Male 301,814 359,494 374,659 383,652

Total Enrolment Female 237,972 296,457 308,950 313,855

Total 539,786 655,951 683,609 697,507

Male 6,008 6,919 7,701 7,448

Repeaters Female 4,817 5,985 6,480 6,108

Total 10,825 12,904 14,181 13,556

Male 25,538 29,893 74,292 82,526

Orphans Female 22,038 27,196 70,450 76,332

Total 47,576 57,089 144,742 158,858

Male 4,752 5,792 5,697 5,737

Pupils with special needs Female 3,821 5,107 5,002 5,156

Total 8,573 10,899 10,699 10,893

25
Male 24,569 29,567 30,107 29,073

Secondary School teachers Female 5,856 7,660 8,442 8,240

Total 30,425 37,227 38,549 37,313

Government 601 713 764

Secondary Schools Private 1,140 855 1,175

Community 109 487 30

Quality Enhancement Indicators

Student Teacher Ratio 18 18 18 19

Student Classroom Ratio 53 46 51 48

Gross Enrolment Rate 13.19 19.64 19.9 17.2

Net Enrolment Rate 12.93 16.71 16.9 14.55

Gross Intake Rate 28.77 25.8 24.8 31.4

Net Intake Rate 4.56 4.42 4.68 6.06

Source: Uganda Bureau of Statistics 2004

The influx of children following the implementation of UPE and the limited resource available to Government
has negatively affected the quality of primary education. In order to improve on accessibility, equity,
relevance, quality of education, and address the implication of UPE and other education sub-sectors, the
MoES responded to this challenge by developing a five-year sector –wide Education Strategic Investment plan
(ESIP) for the period 1998-2003 and updated for a ten year period from 2004-2015. The ESIP has been set
within the existing policy frameworks such as the Local Government Act, the Poverty Eradication Action Plan
and the Public Service Reform.

A framework for joint reviews of sector performance and monitoring the implementation of the ESIP by
Government, donors, NGOs and CSOs have been set up and implemented. Government with the support of
UNICEF has also developed and launched the National Strategy and Plan of Action for Girl‟s Education aimed
at addressing 18 barriers to equitable female participation in education in the country.

Government of Uganda is committed to the fulfilment of the Right to Education and learning of the children of
Uganda. The national goal is the achievement of Universal Primary Education (UPE) for all children of
Uganda of ages 6-12 years by the year 2015. Primary school enrolment increased by over 2.5 million in 1996
owing to the 7 million in 2004 due to implementation of UPE. The high primary gross enrolment rate (GER) of
129.88% and 125.05% (2003) for males and females respectively is due to over-aged and under-aged children
drawn in by the UPE programme. The overall primary school net enrolment rate (NER) is 100.16% for males
and 100.39% for females (2003). However the overall net intake ratio of 59.04% (2003) implies that there are

26
still many children of school going age who are not in school. There is no significant difference in net intake
rate by gender although enrolled females are fewer than males.

Not all children in Uganda currently have access to primary and secondary education. The categories of
children that have difficulty accessing education include the over aged, street children, children from semi-
nomadic populations, children with disabilities, juvenile offenders, children from geographically marginalized
populations, domestic workers, working children, orphans, the girl child and children affected by armed conflict
such as refugees, internally displaced and the abducted. These children lack basic educational provisions
owing mainly to the unfavourable environment within which they live. For example, in Gulu District of Northern
Uganda a total of 75 schools were reported destroyed in 1997, with over 215 primary teachers killed (Barton &
Mutiti, 1998). In areas affected by conflict, people generally lack sufficient money to pay for school fees and
other dues. Some children are orphaned as a result of the conflict and dropout of school owing to lack of
sponsorship and general welfare.

Although Uganda has made significant progress towards achieving the right to education for all children,
completion and achievement rates are still low. The proportion of girls who drop out is higher than boys
especially after primary five. Girls also tend to repeat less often than boys implying that, rather than repeating,
they prefer to drop out and stay home. Lack of interest in studies, sickness, search for jobs/child labour and
lack of school fees are some of the main reasons for dropping out of school. Poverty is also reported as one
of the causes of non-completion of primary school. This is further justified by the evidence that high costs of
schooling is considered a reason for school drop out. Parents and community members‟ negative attitude
towards education of girls and reluctance to pay for school costs related to hygienic conditions.

Additional challenges to girls‟ education are inability of schools to protect girls from abuse, discriminative
attitudes and practices by teachers, stereotyped curriculum and teaching methods and absence of relevant life
skills and guidance on reproductive health. Some children especially in rural areas walk long distances to
reach schools.

Good sanitation in some of the primary schools is inadequate. Attempts are being made to create‟ girl friendly
school environments such as improving on sanitation, having trained senior women teachers to act as
counsellors, like skills training, among others. Other challenges that require urgent attention include: the high
pupil: teacher ratio, large classroom sizes, high pupil: textbook ratio, the low percentage of trained teachers
and inadequate motivation of teachers. This is a partnership between the government and development
partners ensure access to and improved quality of education for the children of Uganda as outlined below.

8.1.1 Teacher Development and Management Plan


The teacher development and management system has been put in place to improve the quality of instruction
of primary and secondary school teachers and to ensure an equitable distribution of teachers throughout the
country. Under the TDMS, a net of core primary Teachers Colleges (PTCs) and coordinating centres have
been established and are providing: in-service teacher training for unqualified teachers; continuous
professional development for trained teachers; financial management training for head teachers; and a number
of outreach activities to support primary schools in the country.

8.1.2 Primary School Classroom Construction Programme


The National classroom construction plan for the expansion of school facilities is being implemented. By
February, 2000, 2029 classrooms had been completed giving a performance level of 70 per cent. A
decentralized, community-based approach has been adopted as the main delivery modality for classroom

27
construction in the context of the Poverty Action Plan. There are two main challenges under this programme;
mobilizing more funding to put the required number of classrooms in place and strengthening the capacity to
supervise the project. The School facilities Grant (SFG) focuses on building teachers‟ houses.

8.1.3 Provision of Instructional Materials


A plan for investment in and replacement of instructional materials is being implemented. The aim is to
maintain a ratio of 1 textbook for every 3 pupils for all the four core subjects. The Ministry of Education and
Sports has procured textbooks for four core subjects in primary schools. By February 2000, the pupil: textbook
ratio was 1:7 and 1:5 for Science/Social Studies and Maths/ English subjects respectively. In order to improve
on performance of this programme, a strategy for decentralized textbook procurement is in place. The main
challenge here is to obtain resources for additional textbooks for implementation of the new primary school
curriculum.

8.1.3 Primary School Curriculum Review


Government has developed a new primary school curriculum introduced in all primary schools in January,
2000 starting with primary 1 to 4. The new syllabus has four core subjects; English, Mathematics; Social
Studies and Science. In order to make the curriculum more relevant, Government through its MoES has
developed a new Primary School Curriculum to cover seven subjects – Agriculture, Business and
Entrepreneurship, Kiswahili, Mother Tongue, Music and Dance, Primary Technology and Art and Religious
Education. This is intended to build the child beyond academics but also to be able to contribute to the
livelihood in their community. In addition, it is an attempt to have one language spoken in the East African
region if all the children grow up using it.

8.1.4 Education for Girl child


Initiatives undertaken to increase enrolment and retention of girls have been developed by government and
are being implemented. Such initiatives include the National Strategy on Girls‟ Education, measures to make
primary schools „girl friendly‟ like provision of separate toilet facilities for boys and girls; the UPE and other
programmes to improve access to education by children with special needs. Corporal punishment in schools
has been abolished by the Ministry of Education and Sports although the enforcement is still difficult. A
summary of education statistics is presented in Table 4 above.

Government through the Ministry of Education and Sports, other line ministries, NGOs CSOs and development
partners has been active in implementing initiatives in girls‟ education. Over 127 broad activities/interventions
are currently devoted to improving education and welfare of the girl child.

Shortcomings identified with regard to implementation of activities devoted to improving the education and
welfare of the girl child are little co-ordination among the players, insufficient tackling of the critical areas of
socio-cultural constraints to girls‟ education, and inadequate access to education by destitute and children with
disability and limited access to gender disaggregated information to effectively identify problems and solutions.

A national strategy and plan of action for girls‟ education has been developed and was launched in June 2000,
with support from UNICEF. The overall goal of the strategy is: „‟ All girls in Uganda (including the destitute and
girls with disabilities) will have full access to educational opportunities and will be supported by their families,
schools communities, Government and the private sector to participate fully in gender-balanced education
programmes in order to attain their maximum potential as equal and effective citizens.‟‟ The strategy guides

28
Government and other stakeholders in removing the numerous barriers to education of the girl child. The sub-
goal states as follows:
The socio-psychological environment will be conductive to the full participation of all girls in education.
The physical environment countrywide in education setting will be easily accessible to all children,
especially girls, with disabilities‟‟.
Districts with high drop-out rates, low retention and pass rates for girls are supported with grants of
between the sum of shillings 500,000= to 1,000,000 through the promotion of Girl‟s Education Scheme
will be made available.

Government has taken several initiatives towards improvement of quality of education under UPE programme.
These include school construction with facilities like furniture, instructional materials, offices, latrines and
review of teachers through the district service commission, which has consequently boosted enrolment as
shown below:

Primary School Enrolment

10,000,000

8,000,000
No. of pupils

Male
6,000,000
Female
4,000,000
Total
2,000,000

0
2001 2002 2003 2004
Years

Table 4
There are still some challenges to educational quality, which include the high teacher-pupil ratio, at 52:1 in
2003; inadequate instructional materials in schools, inadequate sanitation facilities and low teacher motivation
all of which hinder education standards.

In addition to the above, many children do not attend school because of child labour. Some children are
engaged in activities like baby-sitting, farming, fishing, herding cattle, chasing birds from the field and other
domestic chores. There is also the wrong parental attitude towards schooling based on the argument that
many people who complete school end up with no jobs.

Despite all the encouraging efforts from Government, early marriage is still a big cause of school drop outs,
due to the ingrained negative attitude to get bride price from girl children. This is related to the strong institution
of bride price in the country. Many parents find the costs of schooling prohibitive, for instance, uniforms, books
etc. especially as a result of high levels of poverty among the population. Insecurity in some areas bordering
Karamoja and in areas where LRA is operating affects school attendance.

The Government has come up with the Orphans and Vulnerable Children (OVC) Policy to guide stakeholders
in providing services to vulnerable children like orphans and an operational plan of action for OVC. A few
children are able to get scholarships (two per Sub County) due to best performance at primary leaving
examinations.

29
Other challenges to education are low levels of literacy among parents, inadequate classrooms, low
community and parental support, inadequate teachers. Teachers who are HIV victims tend to be discriminated
against and when they die, their orphans are not catered for and there is no facilitation from the Education
Department for this category of teachers. This has been a recurrent problem for many years due to low local
revenue collection by district local governments.

Other initiatives are the implementation of the National girl-child initiative which has contributed into increased
enrolment of girls than boys especially between P1 and P3. In Kapchorwa district it is reported that today
more girls have become more assertive towards their rights and shunned FGM. Girls are also benefiting from
bursaries initiated under Forum of African Women Educationists (FAWE). Education For All Campaigns (EFA)
are on-going and is expected to improve on access to education as a right for children.

8.1.5 Education for Children with Special Learning Needs


Government is implementing the Educational assessment and Resource Service (EARS) countrywide to
support children with various impairments. According to the UPE policy, priority must be given to children with
special needs. In 2003, there were a total of 247,953 children with disabilities (girls: 114,466; boys: 133,487)
enrolled in primary schools.

Children with Special Needs in


Primary Schools

Girl
Boys

Adopted and modified from UBOS, 2004


A working group on special education has been created within the framework of ESIP and has developed
policy guideline for special needs education.

Assessment and identification of children with disabilities and other special needs such as children living on
the street, traumatized children and gifted/talented children was done under the coordination of the Special
Needs Education, Career Guidance and Counselling department of the Ministry of Education and Sports. This
needs to be programmed to take place annually to cater for those who move in and out of these categories.

30
Children w ith Special Learning Needs in
Schools

12,000
10,000
8,000 Male
6,000 Female
4,000 Total
2,000
0
2001 2002 3003 2004

Government has a programme where teachers are trained to cater for children with special needs through the
Uganda National Institute for Special Needs Education (UNISE). The districts have set up resource centres
where teachers are trained to care for such categories of children. In addition wheel chair support, Braille
materials, and facilitators for special needs education have been provided to selected schools. The
Community Development Department is responsible for construction of ramps in schools and public places
through their rehabilitation offices located at district level.

8.1.6 Alternative Strategies for Provision of Basic Education


Three specific alternative programmes with flexible approach and curriculum for alternative education are
worth mentioning: the Complementary Opportunity for Primary Education (COPE) in Kamuli and other lake
shore districts; the Alternative Basic Education for Karamoja (ABEK); and Basic Education for Urban Poor
Areas (BEUPA). COPE targets children who have never attended school or have dropped out of school before
acquiring basic skills. Learning time is flexible and takes between 3 to 4 hours per day. The programme is
running in four selected districts across the country. Current beneficiaries of ABEK are children and
adolescents in the nomadic society in Karamoja region. The programme focuses on simple numeracy and
literacy skills. Though the children access some form of education, efforts should be made to covert these into
quality education.

8.1.7 Early Childhood Development (ECD)


About 5.7 million children (26.5 per cent) are aged 0-6, with three quarters of them living in rural areas.
Government of Uganda has approved the National Policy on Early Childhood Education (ECD). Sectoral
policies also cater for selected ECD issues. The National Council for Children (NCC) facilitated the formation
of the ECD Technical Forum (ECD/TF) and coordinates its activities. The ECD/TF serves as a clearing house
for ECD programmes in a sector wide approach. Key sectoral interventions include: early childhood survival
and nutrition; early childhood care and protection; and early childhood education and learning. Discussions
are underway to develop a comprehensive ECD policy under the leadership of the NCC.

The ECD/TF composition is drawn from the Government line ministries, agencies, NGOs and CSOs dealing
with children. The Task Force on ECD collected secondary information on ECD and compiled a report entitled
“Eight is too Late”, which has become a reference material for ECD issues in Uganda. The report identifies
ECD areas that need special attention including psycho- social/emotional environment, health, nutrition, care,
stimulation and learning, play, pre-schools and discipline, ECD stake holders and possible donors for ECD
activities. This led to the formation of the Technical Forum which has continued with the work on ECD policy

31
and strategy formulation. The ECD Technical Forum carried out a review of existing policies and provisions on
ECD during 2004 and is in the process of developing a framework for a comprehensive national ECD policy.

8.1.8 Early Childhood Care and Protection


Early childhood care and protection (ECCP) is defined in this context to include proper feeding; provision of
clothing, shelter and health care. It also involves interacting with a child; providing a stimulating and safe
environment for play and exploration and providing guidance, love and affection. Other aspects of ECCP are
provision of security and legal protection; enabling and developing self esteem and self confidence; and
providing emotional support.

Although there is no uniform pattern of care, ECCP in Uganda is mainly provided at household level. Mothers,
grand mothers, older children and neighbours care for the children. Working practice has been for the mothers
to collect young girls from rural areas to care for their children, employ maids or send their children to day care
centres (ECD Taskforce, 1997). There are also a few mushrooming day care centres, the good quality ones
being too costly for the ordinary women to afford. These centres are only in the major cities and municipalities.

The ability of caregivers to provide adequate ECCP is limited due to the following factors: resources available
at the household level for care givers are inadequate due to biting poverty in the country and the stress
associated with it; care givers lack required skills, knowledge, physical capacity, consistency and
responsiveness to a child‟s needs. The quality of child care and protection in Uganda is therefore
characterized by poor feeding practices; poor health care practices; inadequate household food; lack of
psycho-social stimulation and child abuse.

Key challenges in ECCP identified include inadequate resource allocation by government to ECCP activities;
poverty in households; high illiteracy among parents; poor care practices; and insecurity and armed conflict in
some parts of the country which creates unfavourable conditions for ECCD.

8.1.9 Early Education and Learning


Early Childhood care and development (ECCD) in Uganda takes two forms. There is ECCD that entails
stimulation and learning. This method gets children to socialize, learn games and songs and they are provided
food. It stimulates child growth physically, socially and opens their mind to academics. Supported to start up,
these operate with modest contributions from the community. Secondly, there is ECCD that is aimed at
academic development. Most of these services are referred to as nursery or pre-primary schools. Since most
of these are privately own, their focus is academics and they end up drilling the children to learn a lot in order
to impress the public at the disadvantage of the child. The first category of ECCD centres are developed by
communities with support from UNICEF and Save the Children in Uganda, and these are common in IDP
camps and rural areas. The second category is urban based and for income generation. It is reported that
only 17 are reported to be government owned. A total of 64,484 children aged 2-6 years were enrolled at pre-
primary schools during 2003. Only about 2.6 per cent of primary entrants attend some form of organized
ECCD programme.

Government is aware and concerned about the need for quality of ECCD and has taken concrete action in this
area. This includes putting in place an ECD education policy and training of teachers. This has however not
been fully implemented due to lack of funds. Other interventions include training of teachers, most of which is
provided by the private sector with guidelines and supervision from government.

32
The following challenges have been identified with regard to provision of quality early childhood education
(ECE): training institutions are mainly located in urban centres; play and instructional materials are inadequate;
tuition for teachers and school fees for pre-school is not affordable by the majority of the population;
understaffing in most training institutions; inadequate community initiative; and poverty and lack of awareness
among parents regarding the importance of ECE. Another challenge is at the policy level where there are
some boarding nurseries or pre-primary schools. This is against the spirit of the Charter that requires that
children grow in the family under the care of parents. While government policy is clear on this, government is
yet to design an appropriate approach to crack down violators of the policy.

Other challenges in provision of ECCD services are that it is a relatively new concept to many people in
Uganda including policy makers and planners, no specific and comprehensive policy strategy to guide and
direct ECCD interventions exists; lack of data on ECCD issues; inadequate coordination of ECCD actors and
lack of conscious planning for ECCD at all levels. Government has therefore established an ECCD technical
forum to provide policy and strategic guidelines; strengthen capacity for ECCD planning; promote advocacy for
ECCD and monitor and evaluate ECCD activities in the country.

In complementing government efforts, development partners have offered support in the form of the provision
of textbooks, teacher training and classroom construction for early childhood education. Partners on ECD
include the World Bank, DFID, UNICEF, USAID, Government of the Netherlands and Ireland, European Union
(EU), DANIDA, WFP, Redd Barna (Save the children Norway), and ADRA.

Despite the above interventions and achievements, there are still a number of tasks to be undertaken and
challenges to be addressed. These include sustenance of TDMS operations particularly the recruitment,
deployment (especially to remote parts of the country), training of teachers to meet the current urgent teacher
demand and improvement in the conditions of service of teachers; management of sector wide approach and
capacity building at district level (especially in utilization of UPE funds, accountability, inspection and
supervision). Other challenges are information management for education sector; and management and
control of private sector institutions and minimum quality standards.

33
SECTION IX: SPECIAL PROTECTION MEASURES

9.0 Introduction
Uganda is obliged under Article 22 (3) of the Charter to take all feasible measures to protect and care
for children affected by armed conflicts. Government and its partners have undertaken several steps to
protect children in Emergency Situations including:

9.1 Office of the Prime Minister (OPM)


The Office of the Prime Minister is the principle agency responsible for the coordination of human and natural
disaster management programmes in Uganda as per the National Disaster Policy and Internal Displacement
Policy. This office houses the Department of Disaster Management (DDM) which is charged with coordination
of sectional lead agencies as well as being the line Ministry through which disaster and humanitarian agencies
link up with government.
The National Disaster Management Policy clearly outlines the roles of the Office of the Prime Minister and
Department of Disaster Management particularly in situations involving:
Mobilization of resources in order to assist the victims of disaster to restore their normal life -
particularly through use of disaster funds.
Providing leadership and coordination on the resettlement, rehabilitation and psychosocial
care of disaster victims.
Ensuring that Sphere Standards, GPID and other standards are observed in all humanitarian
interventions.
Monitoring and evaluation of standards, operations and performance of all actors in the
humanitarian field.

9.2 Night Commuter Centres


The idea of childhood as a protected period of healthy growth was obliterated in northern Uganda. The 20-
year conflict has meant a reign of terror, where the LRA use abducted children to attack homesteads, IDP
camps and town suburbs to abduct yet more children and steal food and other items. This ushered in a new
phenomenon –night commuting, as children fled their usual places of abode to safer places usually in
temporary shelters, churches, bus parks/stations, missions, hospitals, shop verandas in towns. By October
2004, tens of thousands of children in Gulu, Kitgum and Pader were fleeing their homes each night to urban
centres and the larger IDP camps fearing attacks and abductions by the LRA 11. These were known as „night
commuters’.

These children, many of whom are without protection of parents or organized shelter sites faced the threat of
physical abuse, sexual exploitation and gender-based violence including rape. Girls were subjected to sexual
harassment and abuse along transit routes and in the sleeping spaces in town centres. With the help of
development partners, UNICEF, Save the Children in Uganda, CARE, AVSI, RUFOU, Noah‟s Ark and local
NGOs, centres were provided for these children to sleep and also have a chance to read their books. These
were equipped with wardens. Today, because of the improvement in the situation as peace negotiations go
on, the children are now in homes where people have resettled while others can now safely stay in the camps.

11 UNICEF, State of the World’s Children 2005

34
Kitgum Night Commuters August 2004 -January 2006

7,000

6,000

5,000
Boys
4,000 Girls
3,000 Men

2,000
Women

1,000

O er
Ja er

ec er

Ja er
ne

ov e r
ch
Fe ary

y
ri l

Au y
ay
ry
ec st

st
l

ar
Ju

b
b

b
gu

gu
Ap
ua

ob
Ju
M
ar

em
em

em

em
nu

nu
M
Au

ct
br

pt
Se
D

D
Source: UNOCHA, Kitgum

GULU NIGHT COM M UTER M AY TO DECEM BER 2005

9000

8000

7000

6000
Scale 1:1000

5000 BOYS

4000 GIRLS

3000

2000

1000

0
M AY JUNE JULY A UGUST SEPTEM B ER OCTOB ER NOV EM B ER DECEM B ER

M ONTHS

Source: UNOCHA, Gulu


9.3 Formerly Abducted Children
Over the last 18 years the LRA has abducted over 30,000 children. Of this, about 23,000 have returned and
over 8,000 remain unaccounted for. These children who returned have become known as formerly abducted
children (FAC). In response to their needs for psychosocial rehabilitation and reintegration, many
organisations such as World Vision, Gulu Support the Children Organisation (GUSCO), Concerned Parents‟
Association (CPA), Kitgum Concerned Women‟s Association (KICWA) and Rachelle rehabilitation Centre have
provided psychosocial rehabilitation, vocational training and reintegration services to formerly abducted
children. Other organizations like (Associazione Volontari per il Servizio Internationale (AVSI), Catholic Relief
Services (CRS), Caritas and Canadian Physicians for Aid and Relief (CPAR), among others have also
provided community psychosocial support to facilitate reintegration of the FACs. The Department of Youth and
children in the Ministry of Gender,Labour and Social Development has also supported a few of FAC with
school fees for those attending schools around Kampala.

35
Rachele Rehabilitation Centre located in Lira district has provided rehabilitation and reintegration services to
over 2,354 formerly abducted children. On arrival to the centre the children are offered food, medical care and
resettlement kits, consisting of clothes, bedding and washing items. In the welcome ceremony for the children
all the old clothes and military attires are burned symbolically to mark the end of bush life and the start of a
new life in freedom from terror. To encourage quick recovery children are encouraged to talk about their
experiences in captivity and express their feelings through drawings, drama and music. They are encouraged
to believe they are still children and they can still reclaim their childhood. They are taught all over again to
play, dance and have a good time as other children not affected by abduction do.

Catch-up classes are conducted to prepare children for going home. They are taught to read, write, and given
lessons in Mathematics, health education, debates and news analysis as well as skill in tailoring, hair dressing
and catering among others.

Table 5: Number of Children rehabilitated by Rachele in Rehabilitation Centre


Sex Boys Girls Total
Number of Children 1,476 878 2,354
Source: Activities Update – Rachele Rehabilitation Centre – Lira report. 2006
Kitgum Concerned Women Association (KICWA) Reception Centre found in Kitgum District has resettled over
3,725 of formerly abducted children since its establishment in 1998.
Table 6: FAC rehabilitated by KICWA 1998 and 2006 (March)
F Male Total
e
m
a
l
e
4 194 242
8

4 56 99
3

1 213 230
7

5 250 306
6

36
1 418 531
1
3

4 1,032 1,466
3
4

4 559 989
3
0

9 112 209
7

1 18 34
7

1 2,852 4,106
,
2
5
4
Source: KICWA 2006

37
Table 7: FAC rehabilitated by GUSCO between 1994 and 2005.

38
39
40
41
Source: GUSCO Annual Report 2005

In Katakwi, the organisation that handles rehabilitation and reintegration of the formerly abducted children in
the district is called Katakwi Children‟s Voice (KCV). It was primarily formed to care for all the issues affecting
children in the district such as child motherhood, orphanage and now FAC. It was pioneered by volunteers but
now receives some support from the government; Feed the Children and Save the Children organisations,
among other partners. KCV has rehabilitated and successfully reintegrated 293 children into the community to
date: 186 boy and 107 girls.

When KCV receives the FAC, usually from the government soldiers, World Vision, or other sources, they are
kept in the KCV centre for a period of time: mostly two weeks but even as long as one month, depending on
the level of the trauma that the child has suffered. The children are provided with food, accommodation,
counselling and recreational support and overall medical care, such as treatment of injuries or trauma. When
they have attained a measure of stability, they are then provided with family retracing, reunion and assessment
of the ability of the child to fit into the community. The child is also provided with a reunification package
comprising of books and other scholastic materials, clothing, mattresses, basins and Jerry cans.

After reunification, KCV seeks to pursue a follow up program, checking on the individual children one week
after reunification, then two weeks after first follow up, then three weeks after the second follow up and finally
four weeks after the third follow up. During these follow ups, community sensitization is done and any
feedback is obtained in order to gain more experience. Needed provisions are also given to the children.
However, due to limited resources, it may not always be possible to carry out all these desired follow ups.
Currently, with support from UNICEF, an NGO carries out these follow up visits and reports back to the
PSWO. Any actions taken are also reported to the district authorities.

KCV also organises advocacy programs in community through seminars on such matters as: child protection
and care, cultural reconciliation, psycho-social care, training of trainers, and emergency responses in cases of
stigmatisation. These seminars are attended by local leaders, parish chiefs, religious leaders, teachers and
even parents of FAC.

KCV also provides recreational services at community level which are aimed at involving the FAC participation.
Materials such as balls and uniforms are provided and then leagues are organised at parish and sub county
levels. A cash transport refund, prizes and trophies are also provided. The FAC are also involved in
organising music, dance and drama competitions. These efforts are aimed at removing any stigma that the
community might develop against FAC, when the community sees their talents and skills.

Table 8: FAC rehabilitated by World Vision Children of War Centre 1995 and 2005
Year Male Female Total
1995 464 84 548
1996 1,170 120 1.290

42
1997 1,297 165 1,462
1998 1,181 239 1,420
1999 437 81 518
2000 198 48 246
2001 231 32 263
2002 860 142 1,002
2003 1,295 285 1,580
2004 1,570 693 2,263
2005 234 208 442
TOTAL 8,934 2.097 11,034
Source: World Vision Children of War Centre 2006
9.4 The Amnesty Act 2000
The Amnesty Act provides amnesty to all Ugandans who have engaged in acts of rebellion. Amnesty
Commission was set up to demobilize, reintegrate and resettle former rebels as well as sensitize the public on
the law. The Amnesty Act is very helpful in cases of crimes committed by children between 12 and 17 years
who are by law of Uganda liable to the crime they commit. Such children are given immunity when they seek
for amnesty. They also qualify for the resettlement package given by the Amnesty Commission.
Ugandan law exempts all children below 12 years from criminal responsibility. Therefore reporters/former
rebels in this age bracket are received by the Amnesty Commission and immediately transferred to reception
centres where they are given psychosocial help and reintegrated into the community.

9.5 Children in Conflict with the Law


Under the Children Act children in conflict with the law are provided for under local authorities. The Chief
Justice gazettes 10 family and children courts (FCC) under each magisterial area to handle cases involving
children. Many districts still do not have remand homes so juvenile justice mechanisms are still weak. In
some cases juveniles are mixed with adults in police cells. This forces the Police to release them on bond.
Some parents are reported to prefer settlement of cases on children out of court. Measures that have been
taken to protect children include sensitization counselling and reporting to local authorities.

SECTION X: CONCLUSION

It will be noted that Uganda has taken big strides towards promoting the right of the child to survival,
development and protection for all children albeit the several challenges encountered. Challenges
range from poverty, conflict, illiteracy to HIV/AIDS pandemic among others. These challenges are the
ones pulling the country back in her achievements.
It is definitely of great concern to the country that Uganda may not be able to reach many of her targets
to achieve the millemium goals. One area that needs to be noted is that while in the area of child
survival and child development some significant achievements have been made, the area of child
protection has not made any significant improvement. Bleak as the picture remains, Uganda remains
committed to improving the situation of children generally in the country and promises to accelerate all

43
actions intended to uplift the situation of children in the country. In Uganda we believe that investing in
children is the best investment the country can be proud of.

44
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