UGANDA: Children's rights in UN Treaty Body reports

Summary: This report extracts mentions of children's rights issues in the Concluding Observations of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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UN Human Rights Committee

CCPR/CO/80/UGA

Last Reported: 22 and 23 March 2004
Concluding Observations adopted: 4 May 2004

Concerns raised:

Abduction of children: The Committee is concerned about the magnitude of child abduction, particularly in northern Uganda - as the available data does not indicate a decrease in the number of abductions. It as also concerned about the fate of former child soldiers. The Committee urges the State party to take necessary steps, as a matter of extreme urgency to face the abduction of children and reintegrate former child soldiers into society. (Paragraph 15)

Child labour: The Committee has observed with concern the forced employment of children in activities harmful to their health and well-being, as well as the ineffectiveness of the measure adopted to deal with the problem. The Committee urges the State party to: (a) Adopt measures to avoid the exploitation of child labour and ensure that children enjoy special protection in accordance with article 24 of the Covenant; (b) Provide effective sanctions against those involved in such practices. (Paragraph 20)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/UGA/CO/1

Last Reported: 10 and 11 June 2015                                                                                        Concluding Observations issued: 24 June 2015

Violence against women: The Committee is concerned about the prevalence of violence against women, in particular domestic and sexual violence. It is also concerned about the inadequate implementation of the Domestic Violence Act, the delays in adopting the Sexual Offences Bill, the underreporting to the police by victims of violence, and the resorting to traditional ways of mediation that often override women’s rights. The Committee is further concerned about the limited number of protection and recovery services and facilities provided to victims (art.10). The Committee urges that the State party take measures to strengthen the enforcement of the Domestic Violence Act, including by sensitizing the judiciary, prosecutors and the police on the provisions of the Act. It should adopt and effectively implement the Sexual Offences Bill. The Committee also recommends that national awareness-raising campaigns be conducted to combat all forms of violence against women and girls and to encourage victims of violence to report such cases to the police. The Committee further recommends that the State party strengthen measures aimed at protecting and rehabilitating victims of violence.  (Paragraph 25)

Harmful practices against women and girls: The Committee is concerned that polygamy is still legal in the State party and widely practiced. It is also concerned about the persistence of early marriage and forced marriage especially in rural areas. It is further concerned that despite the legal prohibition, female genital mutilation (FGM) is still practiced in the Karamoja and Eastern regions (arts. 3 and 10). The Committee recommends that the State party, as a matter of priority, take comprehensive measures aimed at eliminating all harmful practices against women and girls. To this end the State party should: (a) Adopt effective measures aimed at abolishing the practice of polygamy, including by conducting a nation-wide sensitization campaign targeting all components of society and in collaboration with civil society with the aim of fostering a culture of equality between women and men that creates the necessary conditions for the adoption of a legal provision criminalizing polygamy; (b) Raise the awareness on the legal age to enter marriage, ensure the strict adherence to the constitutional provision on minimum age for marriage and that all laws including customary laws are in compliance, and  adopt and implement the action plan on early marriage, as indicated during the dialogue;  (c) Ensure effective implementation of the prohibition of female genital mutilation, prevent and investigate such incidents, bring perpetrators to justice and rehabilitate victims; and (d) Conduct widespread educational campaigns on the adverse effects of early and forced marriages as well as FGM. (Paragraph 26)

Protection of children: The Committee is concerned about the large number of children aged 6-13 years engaged in labour activity in the State party. The Committee also expresses its concern at the increasing number of street children and about the widespread violence against children, including corporal punishment at schools, home and care institutions. The Committee is further concerned that about 5 million children under the age of 5 are not registered (art. 10). The State party recommends that the State party effectively implement the plan of action against the Worst Forms of Child Labour, and monitor instances of child labour in order to ensure its gradual eradication, in accordance with ILO Convention no. 182 (1999) concerning the worst forms of child labour. The State party should also consider adopting a comprehensive plan on protection of children, provide measures to assist street children and children in care institutions, and prohibit corporal punishment. The Committee also requests that the State party increase its efforts in ensuring universal birth registration, inter alia by revising the Birth and Death Registration Act, as necessary. It should also raise awareness among parents about the importance of birth registration, including as a means to prevent early marriage and child labour, particularly in rural areas. (Paragraph 27)

Right to adequate food: The Committee is concerned about the delays in adopting the Food and Nutrition Bill 2009, which would allow for the development of a national strategy on the right to food.  The Committee is further concerned that: (a)Malnutrition is widespread leading to stunting among almost one third of the children, and that food insecurity is persistent in Northern Uganda and among women-headed households; (b) Food production is adversely impacted by the limited investment in agriculture; and (c) Support and protection to small-scale farmers is inadequate (art. 11). The Committee recommends that the State party expedite the adoption of the Food and Nutrition bill and the approval of the National Food and Nutrition Strategy that would provide the platform and agenda for realizing the right to adequate food of all Ugandans. It should address more effectively malnutrition and food insecurity and target the most marginalized and disadvantaged individuals and groups. Moreover, it should increase investment in agriculture as a means of improving food production, especially by small-scale farmers for their communities, and ensure that foreign  investors do not adversely impact the rights of these farmers including their right to food. The Committee draws the State party’s attention to its general comment No. 12 (1999) on the right to adequate food, and to the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security, adopted by the Council of the Food and Agriculture Organization of the United Nations in 2004. (Paragraph 31)

Maternal and child mortality rates: The Committee is concerned that maternal, infant and under five mortality rates remain very high in the State party, and that many of these deaths are preventable, notably among women dying from delivery complications. It is also concerned that implementation of related laws and policies is inadequate (art. 12). The Committee recommends that the State party intensify its efforts to reduce maternal and child mortality rates and to that end, ensure effective implementation of related laws and policies, reinforce access, especially in rural areas, to sufficiently equipped facilities that provide antenatal, delivery and postnatal care, and remove any disparity in such access, including on grounds of education or poverty. The Committee further recommends the State party to take into consideration the technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22). (Paragraph 33)

Sexual and reproductive health: The Committee is concerned that the conditions under which an abortion may be permitted in the State party are too restrictive. It is also concerned about the prevalence of  unsafe abortions which are major cause of maternal mortality in the State party. The Committee is further concerned about the high rate of teenage pregnancy in the State party and at the inadequate sexual and reproductive health care services and education to adolescents as well as the limited supply and use of contraceptives (art. 12). The Committee recommends that the State party revise its abortion legislation, including by considering decriminalizing abortion and providing for exceptions to the general prohibition on abortion in certain cases. It should also raise awareness on the legal exceptions among women and medical healthcare personnel, and ensure women’s access to abortion and post abortion care services without discrimination in order to combat the prevalence of unsafe and illegal abortions. The Committee recommends that the State party redouble its efforts to bring down the high rate of teenage pregnancies and ensure the accessibility, availability and affordability of sexual and reproductive health services, particularly in rural areas. It also recommends that the State party expand and reinforce comprehensive and age-appropriate sexual and reproductive health education for both sexes in the primary and the secondary curricula, and introduce education and awareness-raising programmes for the public at large.  (Paragraph 35)

Right to education: The Committee appreciates the strides made by the State party to improve children’s enrolment in primary school and achieve gender parity at this level. It however remains concerned at the lack of statistics concerning completion rates at all school levels. It also expresses concern at the: (a) High school drop-out rates and low transition rate of pupils from primary to secondary level, especially among girls mainly attributed to early marriage, teenage pregnancy, and excessive housework; (b) Deteriorating quality of education in public schools, hidden costs, lack of motivation and absenteeism of teachers that may be related to low salaries, and outdated teaching materials; (c) Widening of the gap in access to quality education resulting from the increase in the provision of private education and disproportionately affecting girls and children of low-income families; and (e) Limited inclusion of children with disabilities in mainstream schools, absence of targeted training to teachers, and the high expenses associated with enrolling these children in schools for children with special needs leading to their drop-out (arts. 13 and 14). Recalling its general comment No. 13 on right to education, the Committee recommends that the State party assumes primary responsibility for the provision of quality education to all children. To this end it should: (a) Develop and effectively implement plans aimed at combatting school drop-out, in particular among girls, and provide the necessary support services for pregnant adolescents to enable them to continue their education; (b) Allocate sufficient resources to the education sector with a view to improving infrastructure of schools including sanitation, working conditions of teachers, and teaching materials; (c) Strengthen regulations and expand monitoring and oversight mechanisms for private education institutions; and (d) Take urgent measures to ensure inclusive education of children with disabilities, including through compulsory training of teachers (beyond special education teachers), and barrier-free physical access to schools and their facilities.  (Paragraph 36)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/62/CO/1

Last reported: 7 and 10 March 2003                                                                        Concluding Observations published: 12 June 2003

Issues raised and recommendations given:

Vulnerable groups: While noting the efforts made by the State party to resume the dialogue with rebels of the Lord’s Resistance Army in the north of the country, the Committee remains concerned about reports of grave acts of violence against tribes in the Gulu and Kitgum districts committed in the course of internal strife. The Committee invites the State party to continue its efforts to restore peace in the region and to protect vulnerable groups from human rights violations, notably tribal groups and children. (Para. 16)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/UGA/CO/7

Last reported: 5 November 2010

Concerns raised:

Female genital mutilation (FGM): The Committee expresses its concern at the continued prevalence of the harmful practice of female genital mutilation in the State party. It also notes with concern the serious health complications it has for girls and women, and in some cases, death - as well as impunity of perpetrators.

The Committee calls on the State party to ensure the effective implementation of the 2010 Prohibition of Female Genital Mutilation Act, as well as the persecution of perpetrators of the practice. The Committee recommends that the State party continue and increase its awareness-raising and education efforts, targeted at both men and women - with the support of civil society organisations and religious authorities – in order to completely eliminate female genital mutilation and its underlying cultural justifications. (Paragraphs 21 and 22)

Trafficking and exploitation: The Committee notes with concern that statistics on the number of women and girls who are victims of trafficking for sexual and economic exploitation are not available in light off the fact that prostitution is illegal. It is also concerned at the State party's failure to address the root causes of trafficking and prostitution, including poverty, which impedes the State party's efforts to address these issues in a serious way. While noting the draft Action Plan against Child Sacrifice and the establishment of the Anti-Human Sacrifice and Trafficking Task Force, the Committee expresses its concern at the at the increased number of cases of "child sacrifice" or abuse which has been identified as a major child protection gap.

The Committee urges the State party to effectively implement the new legislation on trafficking, ensuring that perpetrators are punished and victims adequately protected and assisted. It also calls upon the systematic monitoring and periodic evaluation of trafficking and exploitation of women and girls. The Committee further calls upon the State party to strengthen its efforts to prevent and investigate cases of "child sacrifice". (Paragraphs 27 and 28)

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UN Committee against Torture

CAT/C/CR/34/UGA

Last reported: 11 and 12 May 2005
Concluding Observations adopted: 21 June 2005

Concerns raised:

Child soldiers: The Committee notes with concern, the magnitude of the problem of abduction by the Lord's Resistance Army, particularly in northern Uganda. (Paragraph 6)

The Committee recommends that the State party take all necessary legislative, administrative and judicial measures to prevents acts of torture and ill-treatment in its territory, and in particular that it: (n) Act without delay to protect the civilian population in areas of armed conflict in northern Uganda from violations by the Lord's Resistance Army and members of the security forces. In particular, the State party should protect internally displaced persons confined in camps, which are constantly exposed to attacks from the Lord's Resistance Army; (o) Take the necessary steps, as a matter of extreme urgency and in a comprehensive manner, to prevent the abduction of children by the Lord's Resistance Army and to facilitate the reintegration of former child soldiers into society; (Paragraph 10)

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/UGA/CO/1

Concluding Observations published: 12 May 2016

Issues raised and recommendations given:

Women with disabilities: The Committee is concerned about the multiple forms of discrimination faced by women with disabilities and the absence of measures to prevent and combat different forms of discrimination, including sexual violence, abuse and exploitation against them. It is also concerned about the lack of measures for the development, advancement, and empowerment of women and girls with disabilities (para 10).

The Committee recommends that the State party: Adopt a systematic approach to the rights of women and girls with disabilities, mainstream such rights across all laws, policies and programmes and collect data disaggregated by gender and disability; Take specific measures to tackle multiple and intersectional discrimination against women with disabilities in the State party, particularly women with psychosocial and/or intellectual disabilities, including through financing, developing and supporting schemes that increase their economic and social independence; Ensure that gender and disability policies address the situation of women with disabilities and allocate appropriate human, technical and budgetary resources to promote the development, advancement and empowerment of women with disabilities (para 11).

Children with disabilities: The Committee notes with concern that legislation and policies fail to provide protection for the rights of children with disabilities. It is also concerned about the absence of information on the situation of deaf and deaf-blind children, and about measures to ensure their protection and inclusion in society.  The Committee recommends that the State party: Amend the Children’s Act in line with the Convention in order to mainstream rights of children with disabilities across all programmes and provide necessary budget and resources for their protection; Adopt measures to include deaf and deaf-blind girls and boys in all public policies and programmes to ensure that their opinions and views are taken into consideration; Implement measures aimed at promoting the right of children with disabilities to be consulted in all matters concerning their lives and at enabling them to receive assistance appropriate to their age and disability (paras 12, 13).

Freedom from exploitation, violence and abuse: The Committee is concerned about: Cases of violence and abuse against persons with disabilities in particular the higher risk of women, girls and boys with disabilities, including deaf-blind women and children, of facing physical and sexual violence both in family settings and in institutions; Abandonment, malnutrition and exploitation through the use of children with disabilities for begging; The absence of mechanisms for monitoring institutions where persons with disabilities have been placed (para 30).

 The Committee recommends that the State party: Adopt measures to ensure that women with disabilities who are victims of gender-based violence have access to both accessible services and information, including hotlines, shelters, victim support services and complaint mechanisms; Implement legislation and a due diligence framework to combat impunity concerning violence, exploitation and abuse through the opening of investigations and providing for sanctions for perpetrators as well as redress for victims of violence; Provide training to the police, judiciary, health professionals and other interlocutors to communicate and work effectively with persons with disabilities who are victims of violence; Set up an independent mechanism to monitor the conditions in all facilities designed to serve persons with disabilities, in accordance with article 16 (3) of the Convention (para 31).

Liberty of movement and nationality: The Committee expresses concern about the legislation on immigration that denies persons with psychosocial and/or intellectual disabilities acquisition of dual citizenship. It is also concerned about the low level of registration of children with disabilities at birth.

The Committee recommends that the State party:  Repeal provisions in the Uganda Citizenship and Immigration Control Act (2009) and the Immigration Act (1970) that restrict the right to movement and liberty and acquisition of citizenship of persons with disabilities, particularly persons with psychosocial and intellectual disabilities; Ensure registration of all children with disabilities at birth (paras 36, 37).

Respect for home and the family: The Committee recommends that the State party enact legislation which prohibits the separation of children from their parents on the basis of the disability of either the child or one or both of the parents (paras 46, 47).

Education: The Committee is concerned about: The promotion of segregated educational institutions in the State party over an inclusive education system; The lack of adequately trained teachers to promote inclusive education at all levels of the education system; The inability of schools to meet the accessibility requirements of children with disabilities and the non-admission of children with severe disabilities; The absence of statistical data on learners with disabilities disaggregated by age, gender and disability type (para 48).

The Committee recommends that the State party: Expedite taking action, establish a time frame for the transition process from segregated to inclusive education and ensure that budgetary, technical and professional resources are available to complete the process and collect disaggregated data on the advancement of the inclusive education system; Ensure the accessibility to school facilities for all students with disabilities, including deaf-blind children, provide materials and curricula adequate to their requirements and generally take measures to prevent non-admission of children with disabilities in the education system; Take measures including by encouraging public/private partnerships to ensure the provision of individualized accessible information and communications technology and assistive technologies in education; Undertake a comprehensive review of the teacher training curriculum at all levels of education and provide mandatory training on inclusive education in core curricula of teachers both pre- and in-service to provide for disability awareness, inclusive education pedagogy, sign language, Braille, easy-to-read material and tactile communication training for all professionals; Develop a database on learners with disabilities to identify and provide specific learning aids; Pay attention to the links between article 24 of the Convention and targets 4.5 and 4 (a) of the Sustainable Development Goals.

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UN Committee on Enforced Disappearance

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Countries

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