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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Uganda - 12th Session - 2011 Scroll to: National Report 22. Under Chapter Four, those rights and freedoms and protection that an individual or group of individuals is guaranteed under the law are laid down. These include, among others: Rights of children (Article 34); 25. Some enacted national legislation domesticate and or derive their content from different Regional and International Human Rights Instruments, namely: Children Act, Cap 59 – Contains specific provisions on the care, protection and maintenance of children; Land Act, Cap 227 – Provides for the rights of women, children or persons with disabilities regarding any decision taken in respect of land held under customary tenure. Since the customs, traditions and practices of the community concerned are to be followed, they must not deny women, children and persons with disabilities access to ownership, occupation or use of land. Prohibition of Female Genital Mutilation Act (2010) – Domesticates various Legislation that prohibit violence against women and girls. Prevention of Trafficking in Persons Act (2010) – Domesticates international laws prohibiting trafficking in women, children and others. 27. The International Human Rights Instruments Uganda has ratified (years indicated in bold), include: Convention on Rights of the Child [1989] [1990] 29. Pursuant to the above mandate, Parliament has enacted several lawsi operationalising the constitutionally-enshrined human rights and freedoms of citizens. Parliament has also established several bodies with powers to monitor, promote and protect human rights. These bodies include: the UHRC; EOC; Anti-Corruption Court; National Council for Children; National Council for Persons with Disabilities; etc. 53. Article 22 of the Constitution provides that no person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a Court with competent jurisdiction in respect of a criminal offence and the conviction and sentence having been confirmed by the highest appellate court. The right to life is extended to the life of an unborn child. The retention of the death penalty for capital offences was a result of the findings of the Constitutional Review Commission of 2005 to the effect that the majority of citizens supported it. 66. Uganda is party to the Robben Island Guidelines for the Prevention and Prohibition of Torture and is obliged to implement its provisions. The enactment of the Prisons Act in 2006 was marked as a milestone in reforming the Prisons Service. The Act, among other provisions, recognizes the rights and freedoms of in-mates and the rights of children to be detained separately from adults. Government has also initiated the 'Education – for – Inmates' program. 84. Owing to these multiple health-sector efforts, life expectancy increased from 45 years in 2003 to 52 years in 2008; HIV prevalence has stabilized at between 6–7% in 2008 up from 30% in the 1980s; polio and guinea worms have nearly been eradicated though concerns exist about the re-emergence of polio cases due to cross-border migration. Prevalence of other vaccine-preventable diseases has declined sharply. Several measures, including the provision of free treated mosquito nets to children below five years of age and pregnant women have reduced mortality. 85. Between 1995 and 2005, Under-Five Mortality Rates declined from 156 to 137 deaths per 1,000 live births. Infant mortality rates decreased from 85 to 75 deaths per 1000 births. Maternal mortality rates reduced from 527 to 435 per 100,000 live births between 1995 and 2006. We acknowledge that despite the slight drop in maternal mortality rates, it is still short of the 2015 MDG's target of 131. Government is committed to making more budgetary allocations to the health sector this Financial Year. Shs. 24 billion (Twenty-Four billion shillings) has been earmarked to improve maternal and reproductive care, in addition to rehabilitation of Mulago National Referral Hospital and building of a maternal and child health-care centre. This will supplement the US$ 130m committed in last year's budget to improve maternal and reproductive health over five years. Uganda's elimination of user-fees at State-run health facilities earlier in 2001 has resulted in an 80% increase in visits. 86. Malaria, Tuberculosis and HIV/AIDS remain the leading causes of morbidity and mortality. Seventy percent (70%) of overall child mortality is due to malaria, acute respiratory infections (ARIs), diarrhoea and malnutrition. Non-conventional diseases are an emerging problem. These include hypertension, cardio-vascular diseases, diabetes, chronic respiratory diseases, mental illness and accident-based injuries. There is need to address the challenges related to human and logistical resources under this sector. 87. Uganda adheres to the Universal Declaration on Human Rights (UDHR), which advocates for free compulsory elementary education for all people. Article 30 of the Constitution guarantees all persons the right to education. Furthermore, Principle XVIII of the National Objectives and Directive Principles of State Policy, mandate the State to promote free and compulsory basic education, and to take appropriate measures to afford every citizen equal opportunity to attain the highest educational standard possible. Parliament has enacted several laws to operationalize these Constitutional provisions, namely: the Education Act; Children Act; University and Other Tertiary Institutions Act; etc. The Government introduced free Universal Primary Education (UPE) in 1997 and Universal Secondary Education (USE) in 2007. Through the Education Sector Strategic Investment Plan (1997–2003) and Vision 2025, the Government made a commitment to addressing education as a development priority. 88. The increased political and financial support to UPE is a promising sign of greater domestic and international attention to creating a basis for effective recognition and implementation of the right to education. Integration of human rights into the sectoral strategy for education has been facilitated by the successes registered under UPE. This has created an environment for translating the right to education into a reality. In 2007, USE was introduced to cater for the growing number of Primary School leavers who were dropping out of school for lack of school fees. This policy has seen a tremendous increase in the numbers enrolled. 97. Current estimates put the proportion of children to the total population to be at 56%. The Children Act, (Cap 95), contains the broad spectrum of rights for children that include: rights to education; medical treatment; protection from economic and social exploitation; separate detention places in case of arrest for criminal offences; etc. It establishes the National Council for Children. 99. Government has adopted the following policies to support gender mainstreaming: National Gender Policy; Equal Opportunities Policy (and its Action Plan); National Policy on Disability and Elderly; National Youth Policy; Employment Policy; National Child Labour Policy; and the National Policy on HIV and World of Work. The National Action Plan on Women was adopted to promote gender mainstreaming in all development plans and programmes. It also promotes affirmative action in political representation at various positions e.g. each of the 112 districts has an elected Woman District Member of Parliament; and girls are added 1.5 points in entry into institutions of higher learning. The National Development Plan also contains specific action plans to mainstream gender issues in all aspects of development. 4. In 2011, the United Nations Country Team (UNCT) stated that several instruments needed to be domesticated and national laws harmonized with international standards. The Committee on the Rights of the Child (CRC), CAT and the Human Rights Committee (HR Committee)ii expressed similar concerns regarding the respective Conventions. CRC noted that Uganda should provide the Law Reform Commission with concrete directions and with the necessary resources to perform its task. 6. In 2008, CRC regretted that the Penal Code of Uganda lacked provisions that criminalized the recruitment of children. It also recommended that Uganda bring its Penal Code into full compliance with OP-CRC-SC. 14. In 2009, the Secretary-General reported that Uganda had signed an action plan regarding children associated with armed forces in Uganda. 19. CRC was concerned at the fact that discrimination against certain groups of children existed in practice, particularly with regard to girls, children with disabilities, children living in poverty, refugee children, children affected by and/or infected with HIV/AIDS, former child soldiers and Batwa children. 20. In 2011, UNCT stated that estimates indicated that 19.8 per cent of Ugandans had some form of disability. Despite constitutional and legal guarantees, discriminatory laws and attitudes existed. CRC also noted with concern that equal opportunities for children with disabilities were jeopardized. 25. In 2005, CRC noted with deep concern that child sacrifice took place in the districts of Mukono and Kayunga.iii CEDAW called upon Uganda to strengthen its efforts to prevent and investigate cases of child sacrifice and to prosecute perpetrators. 26. In 2009, the Secretary-General strongly urged the Government of Uganda to prioritize the protection of children in its military actions against the Lord's Resistance Army (LRA) elements. 29. CRC was concerned that corporal punishment was still traditionally accepted and widely practised and recommended that Uganda explicitly prohibit by law all forms of corporal punishment in all settings. In 2000, the Special Rapporteur on the right to education expressed similar concerns. 30. CRC recommended that Uganda take the necessary measures to prevent child abuse and neglect. UNCT stated that challenges in child protection included the coordination and inadequate capacity of statutory protection services and community-based structures to identify, support, refer, follow up and report on cases. 32. CEDAW called on Uganda to ensure the effective implementation of the Prohibition of Female Genital Mutilation Act 2010, as well as the prosecution and adequate punishment of perpetrators of that practice. The HR Committeeiv and UNCT made similar observations. CRC recommended that Uganda conduct awareness-raising campaigns. 33. The Secretary-General reported that there were no cases of recruitment and use of children by UPDF or the local defence units in 2010. 34. The ILO Committee of Experts reiterated its deep concern at the situation of children abducted by LRA,v as did CRC in 2008 and in 2005. CRC urged Uganda to take all necessary measures to ensure accountability for perpetrators. The HR Committee and CAT made similar observations. 35. In 2005 and 2008, CRC recommended that Uganda strengthen long-term efforts to provide reintegration measures in order to provide all children who have been recruited or used in hostilities with immediate and child- and gender-sensitive multidisciplinary assistance for their physical and psychological recovery. CRC stated that Uganda should take measures to ensure that children who have been demobilized from LRA and the local defence units are not recruited into the national army. 36. In 2004, the HR Committee noted that Uganda had acknowledged the deplorable prison conditions. The treatment of prisoners continued to be a matter of concern, and juveniles and women were often not kept separate from adults and males. It was also concerned about the high percentage of persons detained on remand. In 2011, UNCT raised similar concerns. 38. The ILO Committee of Experts requested Uganda to take immediate necessary measures to ensure that the procuring or offering of boys under 18 years for prostitution was prohibited. CRC recommended that Uganda take appropriate legislative measures and develop an effective and comprehensive policy addressing the sexual exploitation of children. 39. CRC observed that preventive measures were inadequate and that documentation and research were insufficient on the root causes, nature and extent of the sale of children, child prostitution and child pornography. It recommended that Uganda comply with the UHRC recommendation to hold a public inquiry to investigate reports indicating the sale of children for sacrifices and ritual killings. 40. UNCT stated that 17 per cent of all children were engaged in child labour including trafficking. CRC was deeply concerned that Uganda had not taken comprehensive measures to prevent and combat the large-scale economic exploitation of children. The ILO Committee of Experts also expressed its serious concern at the number of children involved, or at the risk of becoming engaged, in the worst forms of child labour. 41. In 2005, CRC was deeply concerned at the increasing number of street children, especially in Kampala and other major urban centres. 45. UNCT noted that the juvenile justice system did not have adequate infrastructure to handle youth in conflict/contact with the law. In Karamoja, the lack of juvenile courts, for example, led to youth having to be detained in distant locations. CRC made recommendations in this regard. 50. In 2007, OHCHR stated that traditional leaders were strongly advocating for the application of traditional justice to deal with atrocities committed during the conflict. It expressed concern that relying solely on traditional justice mechanisms would set a dangerous precedent for impunity. CRC recommended that Uganda ensure that any customary reconciliation practices avoid re-victimizing children who have been recruited or used in hostilities, especially girls who have suffered sexual violence. 51. CRC recognized that the Amnesty Act 2000 had contributed to the return, demobilization and reintegration of thousands of children forcefully recruited by the LRA. Like CRC, however, OHCHR was concerned that the granting of an amnesty for serious crimes under international law was in violation of the treaty obligations of Uganda. In 2007, the High Commissioner reaffirmed that there could be no amnesty for war crimes, crimes against humanity, genocide, and gross violations of human rights. 53. CRC noted the arrest warrants issued by the Prosecutor of the International Criminal Court in 2005 and urged Uganda to fully collaborate with the court; the Committee also encouraged Uganda to cooperate with neighbouring States. 56. UNCT stated that many children were married at a young age, most times against their will. There were high rates of abortion amongst the youth. CRC recommended that Uganda fully enforce the age of marriage set out in the law for all forms of marriage. CEDAW also expressed its concern and called upon Uganda to review and amend, as necessary, the current version of the Marriage and Divorce Bill as well as the Muslim Personal Law Bill. 57. In 2011, UNCT stated that, on average, only one in five children was registered at birth, which often resulted in undocumented youth being incarcerated with adults. CRC urged Uganda to strengthen and further develop measures to ensure that all children born within the national territory are registered by, inter alia, making birth registration easy and free and by introducing mobile units. 58. The Office of the United Nations High Commissioner for Refugees (UNHCR) recommended that Uganda amend its nationality legislation to ensure that every child born on the territory acquires Ugandan nationality, if they did not acquire any other. 68. UNCT noted a decline in poverty to 24.5 per cent in 2010, while referring to significant regional disparities. CEDAW urged Uganda to continue to intensify the implementation of gender-sensitive poverty reduction and development programmes. It noted with concern the particularly marginalized situation of Batwa women. CRC remained deeply concerned about the increasingly large numbers of children who did not enjoy the right to an adequate standard of living. 74. In 2011, UNCT stated that less than one third of children fully completed primary education. High drop-out and low completion rates for girls in secondary and tertiary education were particularly worrisome. The ILO Committee of Experts urged Uganda to redouble its efforts to improve the functioning of the education system. CRC recommended that Uganda increase public expenditure on education and undertake additional efforts to ensure access to informal education to vulnerable groups. 75. The Special Rapporteur on the right to education noted that pregnant schoolgirls had to leave school and were unable to register at the same school after delivery. CEDAW urged Uganda to take steps to overcome traditional attitudes that in some areas might constitute obstacles to girls' and women's education. UNCT indicated that other serious challenges to children accessing affordable and quality education included violence in and around schools. 76. CRC was concerned at the situation of children belonging to minorities, including Batwa children. 84. CEDAW urged Uganda to take all necessary measures to ensure that women and girls in the IDP camps and those who have returned to their communities are adequately protected from sexual and gender-based violence and abuse, that the perpetrators of such acts are prosecuted and punished, and that relief and remedies are provided to victims and their families. The Special Representative of the Secretary-General for Children and Armed Conflict, the HR Committee and CRC made similar observations. 88. CRC noted the extremely negative impact of the conflict on the children of Uganda. 89. The Special Representative of the Secretary-General for Children and Armed Conflict noted the full commitment by the Government and concerted efforts towards implementing the provisions of the action plan regarding children associated with armed forces in Uganda. 90. Treaty bodies requested follow-up information on their recommendations regarding discriminatory laws and sexual offences against schoolgirls (CEDAW); security forces and agencies, unauthorized places of detention, human rights monitors, protection of civilians and prevention of abduction (CAT); and female genital mutilation, IDPs and arbitrary detention (HR Committee). 19. UCRNN stated that there was discrimination against some children, such as those with disabilities, those affected by or infected with HIV/AIDS, those from minority groups such as the Batwa, as well as Albino children. It recommended that Uganda adopt measures to prevent and prohibit all forms of discrimination against all children; and institute special measures for children with Albinism. 26. Global Initiative to End All Corporal Punishment of Children (GIECPC) stated that corporal punishment was lawful in the home. There was no explicit provision in the law prohibiting corporal punishment in schools; and in alternative care settings. UCRNN expressed concern that corporal punishment was rampant in schools and homes. 27. JS7 stated that the protection of women and girls from discriminatory attitudes and practices such as female genital mutilation (FGM) and other forms of abuse, including rape, acts of betrothal and forced marriages was hampered by cultural and traditional practices. JS11 stated that although FGM was banned, there was a lack of sensitization and awareness-raising to support the implementation of the ban in regions where girls were at the greatest risk of community coercion and pressure to undergo FGM. 28. JS11 stated that gender-based violence, particularly sexual violence against women and girls, was serious and pervasive in Uganda. HRW stated that there were inadequate legal and other measures in place to address this matter. It recommended that Uganda prevent, investigate, and prosecute sexual and gender-based violence. 33. NCRNN indicated that cases of child abuse, commercial sexual exploitation and trafficking were still rampant. The police had limited capacity to conduct investigations and gather evidence in these cases. 34. UCRNN expressed concern about the increased use of under-aged children in employment and the economic exploitation of children through street vending and begging. FI urged the Government of Uganda to identify the current extent of child labour and its main causes and to implement a programme focused on prevention, as well as the rehabilitation of victims. 39. UCRNN stated that there was slow progress in establishing a functioning system for protection of child victims of violence and abuse and juvenile justice. 44. JS7 stated that the breakdown of justice in conflict affected areas, juvenile justice constraints and the slow pace of the justice systems in terms of investigation and court proceedings has promoted a culture of impunity for crimes committed against women. Also, personnel lacked the required skills, knowledge and competences to address the unique violations that women face. 70. FI stated that Uganda was far from meeting the Millennium Development Goals with regard to maternal mortality. JS7 stated that access to health services for women and expectant mothers was limited. Joint Submission 12 (JS12) indicated maternal and child health services received the least funding within the health sector. 71. UCRNN expressed concern at the high infant and under five mortality rates, high maternal mortality, low immunization uptake and rampant stunting and wasting due to malnutrition. JS11 stated that sexual and reproductive health information and services for adolescents remain drastically inadequate in Uganda. This contributed to Uganda's pregnancy rate, which is amongst the highest in the world. JS11 added that unsafe abortion was one of the most easily preventable causes of maternal death and disability. Unsafe abortion also causes grave morbidities, and women may experience long-term harm such as uterine perforation, chronic pelvic pain, or infertility. 72. FI indicated that universal access to reproductive health was also far from being realised in Uganda. It urged Uganda to allocate adequate funding to different areas of health care and to provide health units, especially those in the remote areas with skilled and trained personnel, to adopt a National Safe Motherhood Plan to promote birth preparedness and to reduce maternal and child mortality, and to introduce sexual reproductive health education in schools. 74. JS5 stated that parents and guardians of children with disabilities had limited knowledge and skills in taking care of these children. It recommended funding for home-based care to enable these parents and guardians to acquire the necessary skills. 75. UCRNN stated that there was lack of equipment to test children below 18 months of age for HIV/AIDS, and also a lack of health personnel to handle psycho-social needs of children with HIV/AIDS. FI stated that despite government programmes on access to antiretroviral treatment for mother and child, 130,000 new infections occurred in the country in 2010. 78. UHRC noted that the quality of primary and secondary education was inadequate. Also, the funding availed was insufficient to meet the material and professional conditions of staff and to provide for specialised trained staff to address the special needs of students. 79. UCRNN expressed concern about (a) the high drop-out rates of pupils from schools, (b) the low transition rate of pupils from primary school to secondary school, (c) the insufficient number of trained teachers and, (d) the deteriorating quality of education. Also, challenges remained with the free education policy because of hidden costs, such as cost of uniforms and school meals. 81. JS5 stated that while Uganda promoted inclusive education, there were no special needs teachers and limited teaching aids which made it difficult for children with disabilities to get quality education. Also, the curriculum did not take into account children with disabilities. 82. JS7 stated that while the universal primary education has narrowed the gender enrollment gap, dropout rates for girls were significantly higher than those of boys. Also, the proportion of girls in higher school grades remained low. 83. IHRC stated that there was only one secondary school per sub-county in rural areas and that teachers and students walked great distances to reach school. 95. UCRNN stated that Uganda's plans and programmes to mitigate the impact of the conflict and facilitate recovery and development were lacking in their focus on the war-affected children in the region. The return-home-campaign targeting all those living in IDP camps was also lacking in child-centred logistical and infrastructural facilitation for returning children. 96. RLP stated that gaps exited in the Peace, Recovery and Development Plan especially with regard to livelihood, conflict-sensitivity, and gender-awareness, and certain vulnerable groups which included former child soldiers, former unaccompanied minors, child-headed families, single-mother headed families and unaccompanied elders who have no surviving relatives, have largely remained out of public conversations and considerations. Also, urban internally displaced persons who sought refuge in urban areas such as the Kampala slums, continued to lack recognition by the Government of Uganda. 99. UCRNN stated that the implementation of comments and observations made by the United Nations Committee on the Rights of the Child and the African Committee on the Rights of the Child by the Government of Uganda was "weak". It recommended the development of a deliberate strategy for dissemination of the concluding observations; the strengthening of inter-ministerial coordination; and ownership across all line ministries. Accepted and Rejected Recommendations The following recommendations were accepted: A - 111.18. Take administrative measures to ameliorate the situation of children and women (Congo); A - 111.23. Strengthen long-term efforts to provide reintegration measures in order to provide all children who have been recruited or used in hostilities with child- and gender-sensitive multidisciplinary assistance for their physical and psychological recovery (Ghana); A - 111.34. Implement the steps envisaged in the promotion of rights of people with disabilities, with a special emphasis on equal opportunities for children with disabilities (Hungary); A - 111.35. Adopt measures to guarantee the rights of persons with disabilities, in particular, to fight against all forms of discrimination faced by women with disabilities, and regarding the lack of equal opportunities for minors with disabilities, with a particular attention to albino children (Spain); A - 111.44. Complete its strict approach to female genital mutilations with awareness- raising, prevention and education of the concerned communities (France); A - 111.46. Ensure the effective implementation of the Prohibition of Female Genital Mutilation Act of 2010, as well as to prosecute and punish the perpetrators of that practise (Poland); A - 111.47. Take measures to prevent domestic violence, ensure equal rights and equal political participation of women, and take all the necessary steps to effectively implement the Act on the Prohibition of Female Genital Mutilation adopted in 2010 (Slovenia); A - 111.48. Strengthen its efforts, including with the international cooperation, aimed at preventing, sanctioning and eradicating all forms of violence against women, including the Female Genital Mutilation, and also adopt measures to harmonize the legal recognition of civil, political, economic and social rights between women and men (Argentina); A - 111.49. Implement the recently approved legislation on discrimination and violence against women and on prohibition of Genital Female Mutilation (Spain); A - 111.50. Take necessary measures, including implementing the Prohibition of Female Genital Mutilation Act 2010, to ensure that victims of sexual violence and other types of violence have access to effective protection and remedy (Japan); A - 111.51. Continue its initiatives aimed at improving the rights of Ugandan women and girls, including through the enforcement of the domestic violence act (Burkina Faso); A - 111.54. Put in place appropriate regulatory and enforcement measures to increase compliance with the Domestic Violence Act and the Female Genital Mutilation act, and take steps to ensure that acts of violence against women, including women with disabilities, are investigated and prosecuted (Canada); A - 111.56. Put in place stringent measures to ensure that children and youths are not recruited into the abhorrent practices incompatible with Ugandan law and culture (Zimbabwe); A - 111.57. Take the necessary measures to combat incidents of ritual killings of children and adults in various parts of Uganda and to ensure effective investigation and prosecution of these crimes (Czech Republic); A - 111.58. Take necessary measures to protect Ugandan children against all practices detrimental to their physical and moral integrity (Burkina Faso); A - 111.59. Continue efforts to provide better protection for the children, including reviewing its juvenile justice system (Indonesia); A - 111.72. Strengthen and further develop measures to ensure that all children born within the national territory are registered (Ghana); A - 111.86. Advance in designing a health programme allowing to tackle Malaria, Tuberculosis and HIV/AIDS, and continuing decreasing the child and maternal mortality rates, and increase life expectancy (Cuba); A - 111.93. Improve access for persons with disabilities to education and health care, with particular focus on children (Slovakia); A - 111.96. Increase public expenditure on education and undertake additional efforts to improve the functioning of the education system, in order to ensure quality education for all children (Poland); A - 111.102. Enforce more effectively the child labour and trafficking laws (United States of America); A - 111.103. Improve the protection of children by fighting against child labour (Holy See); A - 111.108. Receive the assistance it requires, in personnel and logistical resources, to develop the health sector in order to reduce the child mortality rate (Sri Lanka); The following recommendations were rejected: No relevant rejected recommendations. The following recommendations were left pending: P - 112.39. Introduce, as a matter of urgency, comprehensive, efficient measures to prevent and combat the widespread economic exploitation of children, in line with its international commitments, notably ILO Conventions No. 138 and 182 (Slovakia); P - 112.40. Adopt a list of hazardous jobs for children (United States of America);
11th October, 2.30pm to 5.30pm
UN Compilation
NGO Compilation
Accepted and Rejected Recommendations