Committee on the Rights of the Child

Combined third to fifth periodic reports submitted by Uganda under article 44 of the Convention, due in 2011 * , **

[Date received: 12 May 2021]

List of acronyms

AIDSAcquired Immunodeficiency Syndrome

ALPAccelerated Learning Programme

ARVAntiretroviral

BEUPABasic Education for Urban Poverty Areas

BTVETBusiness, Technical Education and Vocational Training

CIDCriminal Investigations Department

CMAComputer Misuse Act

COAChild Online Abuse

COPEComplimentary Opportunities for Primary Education

CRCConvention on the Rights of the Child

CRPDConvention on the Rights of Persons with Disabilities

CSEAChild Sexual Exploitation and Abuse

CWDChildren with Disabilities

DPPDirectorate of Public Prosecutions

ECDEarly Childhood Development

EFAEducation For All

EGREarly Grade Reading

EUPECEnhancement of Universal Primary Education and Community

FGMFemale Genital Mutilation

FIDAFederation of Women Lawyers

GDPGross Domestic Product

GoUGovernment of Uganda

GWDsGirls With Disabilities

HIVHuman Immunodeficiency Virus

IAAFInternational Association of Athletics Federation

ICTInformation Communication and Technology

IMGIndigenous Minority Groups

IOMInternational Organisation for Migration

LRA Lord’s Resistance Army

MGLSDMinistry of Gender, Labour and Social Development

MoESMinistry of Education and Sports

MoFAMinistry of Foreign Affairs

MoIAMinistry of Internal Affairs

MoJCAMinistry of Justice and Constitutional Affairs

MTEFMedium Term Expenditure Framework

NDP II & IIINational Development Programme 2 and 3

NGONon-Governmental Organisation

NIECDNational Integrated Early Childhood Development Policy

NIRANational Identification and Registration Authority

NITANational Information Technology Authority

NUDIPUNational Union of Disabled Persons of Uganda

NUSAFNorthern Uganda Social Fund

OPACConvention on the Rights of the Child; Optional Protocol on the Involvement of Children in Armed Conflict

OVCOrphans and Vulnerable Children

PPPPublic Private Partnership

PSWOProbation and Social Welfare Officer

PTCPrimary Teachers Training Colleges

PTIPPrevention of Trafficking in Persons Act

SAGE/SCGSocial Assistance Grant for Empowerment/Senior Citizens Grant

SCORESustainable Comprehensive Responses

SDGsSustainable Development Goals

SGBVSexual and Gender Based Violence

SNESpecial Needs Education

TTITeachers Training Institution

UCCUganda Communications Commission

UDHSUganda Demographic Health Survey

UHRCUganda Human Rights Commission

ULRCUganda Law Reform Commission

UNAFRIUnited Nations African Institute for the Prevention of Crime and the Treatment of Offenders

UNESCOUnited Nations Educational Scientific and Cultural Organisation

UNHSUganda National Household Survey

UNICEFUnited Nations Children’s Education Fund

UPDFUganda People’s Defence Forces

UPEUniversal Primary Education

UPFUganda Police Force

UPPETUganda Post Primary Education and Teaching

USEUniversal Secondary Education

WASHWater, Sanitation and Hygiene

YLPYouth Livelihood Programme

YWCAYoung Women’s Christian Association

I.Introduction

1.The Government of Uganda (GoU) presents its third, fourth, and fifth combined report. This report describes Uganda’s follow up and progress concerning the Concluding Observations of 2005 and the implementation of the Convention on the Rights of the Child (CRC). It also includes relevant aspects Uganda’s progress on the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography as well as the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict.

2.Uganda submitted its initial reports to the two Optional Protocols above which were considered by the Committee in 2008.

3.The Ministry of Gender, Labour and Social Development (MGLSD) prepared this report, which adheres to the reporting guidelines stipulated by the Committee. The report was developed through a consultative process that involved national and regional consultations with key stakeholders in government departments, ministries and agencies as well as civil society. Children were also specifically involved in providing views on the implementation of the Convention and the two Optional Protocols.

II.General measures of implementation

A.Legislation to implement the Convention

Follow-up information relating to paragraphs 11, 13, 15, 17 and 18 of the concluding observations on the second periodic report of Uganda (CRC/C/UGA/CO/2)

4.The Children Act, (Cap 59 Laws of Uganda) was amended in 2016 to align it more closely to the Convention on the Rights of the Child (CRC). The Children (Amendment) Bill was passed into law with the objective of enhancing the pro­tec­tion of chil­dren and to consolidate provisions hitherto scattered in other legal frameworks and policies on children’s rights.

5.In addition, the Anti-Pornography Act (2014) was passed to criminalise all acts of pornography. It also includes specific provisions on combating child pornography. These laws as well as various institutional strategies and programmes reflect Uganda’s efforts to implement the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child pornography.

6.A National Child Policy 2020 and the National Program Implementation Plan 2020 was developed. It links to five sustainable development goals, survival, development, protection, participation and implementation. There is a National Action Plan for Children with Disabilities 2016/17-2020/21 that seeks to address the gaps in childhood disability interventions and consolidate new developments in a comprehensive action framework. Based on these initiatives, the GoU is focusing on reforms and strategies around the required interventions to meet the survival and development needs of children at the national and local government level. There is increasing emphasis on child participation, stakeholders’ responsiveness and rights promotion of all children.

7.The National Children Authority (NCA) was established as an autonomous body pursuant to the Children (Amendment) Act 2016. It has an expansive mandate in the protection and promotion of children’s rights in Uganda. Composed of a multi-sectoral governance body, it advises on and monitors all activities, programs, policies and measures relating to the protection and promotion of children’s rights.

8.The Authority is however still in its formative phase and is limited by lack of resources and capacity to effectively monitor child rights in Uganda protocols.

Follow-up information relating to paragraph 19 of the concluding observations

9.The Uganda Human Rights Commission (UHRC) monitors the rights and welfare of children under the Vulnerable Persons Unit and has consistently reported on various issues through its annual reports and to Parliament. In addition, the Tribunal handles cases of violation of children’s rights based on the principles of the best interests of the child.

B.Data collection

Follow-up information relating to paragraph 23 of the concluding observations

10.Government has put in place a mechanism and system for routine data collection under the Orphans and Vulnerable Children (OVC) programme and Management Information system. It collects data from all implementers of child rights, both governmental and non-governmental. This data draws from district and sub-county-based databases, records and reports as well as court records and reports from CSOs. There is a national and centralized web-based Management Information System Database that guides the planning and monitoring mandates of District OVC focal points, with the objective of measuring progress towards achieving the National Strategic Program Plan of OVC Interventions.

11.The Uganda Bureau of Statistics with the support of agencies such as UNICEF pioneered the inclusion of the consensual deprivation poverty module in the Uganda National Household Survey of 2016/17. This is a clear display of government’s commitment to enhance the ability to assess and monitor the status of child deprivations in order to meet the Sustainable Development Goals targets.

Follow-up information relating to paragraph 27 of the concluding observations

12.The National Child Protection Working Group was established in September 2009 as a multi-stakeholder coordination forum for child protection. It comprises of government ministries departments and CSOs as well as development partners. Initially formed within the framework of the Child Protection Recovery Strategy for Northern Uganda (2009 – 2011), it now addresses child vulnerability nationwide, particularly for children whose rights are violated. The Working group also serves as a clearing house for all new policy frameworks on children in the Ministry of Gender, Labour and Social Development (MGLSD).

13.The Uganda Parliamentary Forum for Children continues to use its platform to lobby for the rights of children to ensure that despite the legislature’s competing priorities, children’s rights are not neglected.

III.Definition of the child

Follow-up information relating to paragraph 29 of the concluding observations

14.The age of a child is established as being below 18 years. Reforms in policy and regulatory frameworks are clarifying the rights of the child in specific areas, such as legal protections for children, prohibitions on marriage and certain forms of employment.

15.The Children (Amendment) Act provides that any union of a person who is under 18 years, for purposes of living together as husband and wife, is child marriage, which is unlawful. The regulations on migrant workers abroad forbid the recruitment of a child below 18 years for such purposes. The Registration of Persons Act and programmes in place to ensure birth registration aim to establish the age of children and guaranteeing them protections that are accorded to children in educational, developmental and legal processes.

IV.General principles

A.Non-discrimination

Follow-up information relating to paragraphs 31and 32 of the concluding observations

16.Under Section 4 (1) (j) of the Children (Amendment) Act 2016, children in Uganda are not to be subjected to discrimination based on any distinguishing factor or condition. The prohibited basis for discrimination is framed widely beyond the traditional provisions to ban discrimination based on family status, culture, social origin, political or social opinion and property, among others.

17.Despite the law, there are areas where certain categories of children are exposed to discrimination at societal level. These include girls from poor backgrounds, children with disabilities, street children and orphans. Government is taking social, economic and legal protection measures and working at the local government level with sector officials, communities and families on these. These efforts are supplemented by the work of various Non-Governmental Organisations (NGOs) and development partners at the grassroots and institutional level. The Equal Opportunities Commission is mandated to eliminate discrimination and inequalities against any individual or group of persons on the ground of age among other factors and take affirmative action in favor of marginalized groups.

B.Best interests of the child

18.The welfare and guiding principles are paramount under the Children (Amendment) Act 2016 and are meant to guide the determination of decision-making bodies with a mandate over children. This extends to the state, courts, tribunals, local authorities or any persons vested with authority to make a determination over a child’s upbringing, administration of property and related matters. In particular, courts are enjoined to ascertain the wishes and feelings of the child; the physical, emotional and educational needs; and, any actual or imminent harm that the child may suffer and make decisions in the best interests of the child.

19.The Justice, Law and Order Sector (JLOS) institutions apply the principle of the best interests of the child in making decisions related to children who come into contact with the law. Capacity-building initiatives across the sector have been undertaken to ensure that measures such as diversion, child protection services and alternative care apply the best interests of the child in making decisions.

20.Child Protection Committees, Probation Workers and Para-Social Workers are working with communities at the district level to educate parents and individuals on the rights of the child. Communities are sensitised on the importance of making decisions in the best interests of the child from a rights-based perspective.

C.The right to life, survival and development

21.To ensure that the right of children to life is guaranteed, In Uganda, the death sentence is not applicable to children in keeping with the overarching principle of best interests, and survival and development rights.

22.The right to life is provided for under Article 22(1) of the Constitution of Uganda. There are several policies and programmatic measures in place to ensure the survival and development of children into adulthood. These are implemented from the health, nutrition, legal, and educational perspective under various plans, strategies and policies in Uganda. The National Integrated Early Childhood Development Policy Action Plan (2016–2021) articulates these aspects. It targets all children, including the vulnerable and marginalized, from conception to eight years of age; to provide holistic services for nutrition, health, nurturing, protection, stimulation and training.

23.The Reproductive Health Division of the Ministry of Health conducts Maternal, Perinatal and Child Death Reviews to identify major causes of death and the associated risks and avoidable factors with a view to finding solutions to ending child mortality and preventable deaths. In order to provide integrated effective services for the children, the Policy targets the primary care givers of the children such as parents, grandparents, other relatives and care providers. The Policy calls for the designing of programs that ensure that all developmental domains; physical, mental, social, emotional and linguistic, are met.

24.Government through Health Sector Development Plan (2015/16—2019/20), has invested in health infrastructure and interventions to improve access and provide affordable quality health care for the population including women and girls. These include construction of new and rehabilitation of old infrastructure, provision of medical equipment both at national and sub-national levels. The commissioning of the 450 bed Specialised Women and Neonatal hospital at Mulago, the rehabilitation of Mulago National Referral Hospital, expansion upgrading of 124 HC IIs to HC IIIs and ongoing construction of new warehouse for National Medical Stores (NMS) are among the infrastructural developments in the Health sector.

25.There has been significant progress in the areas of (i) Health workers: The Health Sector Development Plan (2015/16-2019/20) projected to raise staffing levels in public sector facilities from 69% in 2014 to 80% in 2018. because the number of health workers per population was 0.4 per 1000 persons which is below the recommended ratio by WHO standards of 2.5 per 1000 persons. To enhance the staffing situation, Government focused on strengthening community health workforce through community health extension workers. (ii)Infant mortality rate reduced from 81 in 2000 to 54 in 2015; maternal mortality rate reduced from 505 in 2000 to 336 in 2019 though still very high; total fertility rate drastically reduced from 6.9 in 2000 to 5.4 in 2019, deliveries in health facilities increased from 37% in 2000 to 73% in 2015 and the use of contraceptive methods by married women doubled over the period 1995 to 2011 from 15% to 35%. Teenage pregnancy exceptionally high at 25% (UDHS 2016) and this has far reached implications to the lives of child mothers and that of their children. (iii) A Uganda Minimum Health Care Package (UMHCP) through health promotion, disease prevention and community health initiatives in order to prevent and control communicable and non-communicable diseases (NCDs) is in place. (iV)The elimination of Mother to Child Transmission (e-MTCT) response has been fostered through concerted Government and Partners’ efforts. National e-MTCT programming under the championship of the Hon. First Lady has continued with campaigns to promote PMTCT. During FY 2018/19, over 80% of the facilities conducted birth cohort monitoring and follow‑up of infants. Mother-baby care points were rolled out countrywide to optimize tracking, retention, follow-up and adherence. Safe male circumcision and male involvement have remained a core prevention intervention.

26.Uganda adopted a test and treat approach for all HIV positive people including positive children with more sites providing ART for children. A curriculum on paediatric HCT has been developed with support from PEPFAR and training of trainers on Paediatric ART care is done continuously.

27.In FY 2018/19, the health sector received a total of Ug. Shs 2.373 trillion representing 7% of the total national budget, and 80% of the budget was released compared to 66% in FY 2017/18. Health worker population ratio improved from 1.85/1000 (2018) to 1.87/1000 population (June 2019) though still below the WHO ratio of 2.5% per 1000 population.

28.The reported investment in sanitation for FY2019/20 was UGX 13.26 billion. This represented the highest recorded in the last five years (ranging from UGX 9.86 billion in FY 2018/19 to UGX 12.53 billion in FY 2017/18) and a significant indication of the growing need to address the sanitation access gap. Districts recorded an improved water source from 36% in FY 2018/19 to 64% in FY 2019/20. There is a 2% increase in the number of villages having at least one improved water source between FY 2018/19 and FY 2019/20.

D.Child Sacrifice

Follow-up information relating to paragraph 34 of the concluding observations

29.The MGLSD undertook a rapid assessment of child sacrifice in Uganda in 2009 to probe the causes, extent and solutions to the phenomenon. It found that there is low reporting of child ritual murder cases to the police by the public. Nonetheless, some cases of child sacrifice are still being reported to the police. In 2008, the Police Annual Crime Report found that child sacrifice cases had increased by 800% from 3 cases reported in 2007, to 25 cases reported and investigated in 2008. The Uganda Police Annual Crime Report of 2014 indicated that incidents of suspected ritual murders increased from 12 cases in 2013 to 13 cases in 2014. It is believed that many more cases of child rituals and murders go unreported. In 2016, the Children (Amendment) Act outlawed all rituals that result in child sacrifice.

30.In 2008, an Anti-Child Sacrifice/Human Trafficking Task Force was established under the Uganda Police Force. Its mandate extends to combating ritual murders, investigating and prosecuting cases, in addition to sensitising the public. 2000 police officers were trained as first responders to ritual murders and human trafficking. Government developed a National Action Plan against Child Sacrifice in 2011.

31.The Penal Code prohibits murder of all persons including children and is being used to prosecute persons involved in child sacrifice.

32.Furthermore, government is undertaking sensitisation campaigns through the school’s child rights clubs to educate children on safety measures. CSOs have buttressed the efforts of government in developing simplified material for dissemination of cautionary messages to children. In some cases of survivors of mutilations, NGOs offer reconstructive surgery and psychosocial support. Both state and private media have raised awareness and debate on this harmful practice, leading to its wide condemnation and to debates and information sharing by the public including children.

E.Respect for the views of the child

Follow-up information relating to paragraph 36 of the concluding observations

33.The Children Cap 59 (as amended) 2016 recognises the rights of a child to express his or her views, belief and opinion on any matter that affects his or her wellbeing. The National Child Participation Strategy 2017/18-2021/22 seeks to encourage approaches that will entrench the constitutional right of the child to participate meaningfully. It addresses the societal power relations that skew dynamics against appreciating children’s voices and views at all levels.

34.The Strategy values children as stakeholders in the home and community, giving them a visible role in articulating the issues that concern them and enhancing their voices and perspectives. Among the expected outcomes is that children’s priorities will be reflected in policies, plans of action, budgets, programmes and services that affect them. Through this strategy, government, CSOs and Development partners have undertaken to mainstream child friendly structures, approaches on child participation at national to subnational level, while also involving them in discussions on issues affecting them.

35.There is need to increase awareness on child rights and the need to respect the views of children not only by the state but by communities and at family levels.

V.Civil rights and freedoms

A.Nationality

36.The law reinforces the right of every child to a name and nationality. The Children’s Act Cap 59 was amended in 2016 to specifically integrate the right to be registered at birth and to a name and nationality. The right to a nationality and to be identified as a national of Uganda attaches many rights to the child. Such benefits can extend to proof of age and identity especially in socio-legal processes, access to social services and protection from violations.

B.Identification

37.The process of providing children with identification cards commenced with children in school, in 2017. The exercise aims to register 10 million learners in primary and secondary schools and post primary technical institutions. The National Identification Registration Authority (NIRA) has established special measures to register children in hard-to-reach areas through the District Information Technology Officers.

C.Birth registration

Follow-up information relating to paragraph 38 of the concluding observations

38.Article 18 of the 1995 Constitution of the Republic of Uganda and The Children (Amendment) Act 2016 stipulates that the State shall register all births and deaths occurring in the country.

39.The Registration of Persons Act (2015) established and mandated the National Identification Registration Authority (NIRA) to register all persons in the country for purposes of issuance of National Identification Numbers for citizens and Alien Identification Numbers for aliens. Since inception, NIRA has continued to improve birth registration service delivery in the country through developing, printing and disseminating Information, IEC materials on birth registration. The Act requires a child to be registered by a parent, guardian or caretaker immediately after the date of birth or finding of a child whose parenthood cannot be established. A Ugandan child or alien child is assigned a national identification number upon birth or after being found.

40.Electronic and mobile registration have been adopted at various registration points in order to ease, de-concentrate and intensify registration of children. The Mobile Vital Record System (MVRS) utilised by NIRA relied on a web based online registration platform to register births in 135 hospitals and 85 districts by 2017. The registration of children under five years rose from 30% in 2011 to 60% in 2016. Following the roll out of the MVRS to private hospitals, the Birth Registration (notification) rate for under 5 years improved from 35% (target) to 69% (performance) in FY 2017/18 against a target of 65% in 2021.The increased Birth notification rate was due to the scale up of the MVRS to 85 district local governments in 2017.

41.However, not as much success has been achieved in birth certificate acquisition; only 11% children had birth certificates according to the UNHS 2016/17, and the proportion of persons possessing birth certificates in urban areas was nearly twice that in rural areas (15% and 9% respectively).

42.Low possession of birth certificates is attributable in part to parents’ inability to afford the fee of Uganda shillings 25,000 to process the certificate of birth, low appreciation of the benefits of having the certificate, as well as lack of knowledge of the procedural requirements. The distances involved in registration also act as a deterrent and some guardians are reluctant to execute their responsibility to register orphans and other vulnerable children.

43.NIRA prioritized registering the backlog of notifications in the Mobile Vital Records System (MVRS) which was developed with support from UNICEF. The system has been upgraded to include modules on registration of births and deaths.

D.Freedom of expression

44.The Children Act Cap 59 (as amended) 2016 expanded the rights of children in Uganda to include their right to non-discrimination, access to information and freedom to express opinion and beliefs.

45.In many communities and sectors of society, the idea of children’s civil rights is still resisted due to conservatism and fear of cultural influences from foreign traditions. The MGLSD, Ministry of Education and Sports (MoES) and other stakeholders have undertaken sustained efforts to raise awareness and sensitise the public on child rights.

46.School Child Rights Clubs in Uganda provide a platform for children to exercise and express their civil rights. Through these clubs, children are able to share, discuss and debate issues of rights, violence in a safe space. This is a platform that is also used to disseminate information to children, teachers, care givers and community members. The children who are out of school are however not able to join in this platform.

47.In a bid to leave no one behind, through innovations such as the U-Report initiative launched by UNICEF in 2011, the Child Helpline, the Children’s Portal. children and youth both in and out of school can engage with experts on reporting challenges they face and contributing to discussions on issues concerning them. These platforms allow children and youth through mobile phones to participate in giving opinions on issues pertinent to them and their concerns are relayed to government stakeholders, including members of parliament and other government agencies. Out of 377,506 U-Reports, 5% (18,875) fall in the bracket of 15–19 years.

E.Right to Privacy

48.Children have a right to privacy at all times and particularly when involved in public processes as it is in their best interest to be shielded from unwarranted scrutiny. The Children Act Cap 59 (as amended) 2016 requires the privacy of children to be respected particularly in court proceedings involving children, to avoid causing harm to a child through the publishing of their identity. It is criminal to publish the names, location or image of a child. Despite these provisions, some children are tried in open court and there have been instances where the media reveals the identity of children in court as victims or witnesses or even perpetrators, contrary to the law.

F.Access to information

49.Age-appropriate information material for children is provided by government, development partners, NGOs and media. MGLSD currently funds fourteen public libraries nationwide that provide children a chance to obtain reading and informational material.

50.Children’s access to online information has increased their scope of knowledge and ability to read and interact with other children on social issues. Nonetheless, this carries associated risks of accessing material that could be harmful to a child’s well-being. The National Information Technology Authority is creating awareness on child online safety and has developed the National Information Security Strategy addressing security challenges for children seeking or sharing information online.

G.Corporal punishment

Follow-up information relating to paragraph 40 of the concluding observations

51.In 2006, the Ministry of Education and Sports (MoES) banned corporal punishment in schools and disseminated a Handbook on ‘Alternatives to Corporal Punishment’ to raise awareness on the ban. Corporal punishment was abolished for all persons under the Penal code (Amendment) Act 8 (2007) and prohibited for children specifically under the Children (Amendment) Act 2016). 
Unfortunately, there remain pockets of teachers who administer corporal punishment as a form of disciplining children or pushing them to work harder. Probation officers and community development officers are sensitising schools and teachers association to divert them away from this harmful practice and in some instances, referring deviations to the law enforcement agencies.

52.The MoES is taking measures to implement the ban on corporal punishment in schools, as well as implementing the Strategic Plan on Violence against Children in Schools. However, supervision by district education officers to ensure violence free school environments is hampered by lack of capacity and resources.

VI.Violence against children

A.Legal framework

Follow-up information relating to paragraph 45 of the concluding observations

53.The Children Act Cap 59 (as amended) 2016 specifically addressed the issue of violence against children providing the right to legal protection of children from all forms of violence including sexual abuse and exploitation. The law has prohibited some of the more prevalent acts of violence including child sacrifice, child labour, child marriage, child trafficking, institutional abuse, female genital mutilation and other forms of physical or emotional abuse.

54.Government has taken strides to deal with the many forms of violence against children at a legislative and institutional level. In the last decade alone, several laws have come up to criminalise such forms of violence. These including the Domestic Violence Act (2010), the Penal Code Amendment Act (2007), the Employment Act (2006), the Prevention of Trafficking in Persons Act (2009), the Prohibition of Female Genital Mutilation Act (2010).

B.Prevalent forms of violence

55.The Uganda Constitution, 1995 expressly states that; ‘no person shall be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment.’ The Prevention and Prohibition of Torture Act, 2012 prohibits acts of torture carried out in official or private capacity. Torture of a child can lead to a sentence to life imprisonment. This is further augmented by the Children Amendment) Act 2016 that prohibits any employment of children that can be deemed torturous or abusive in any way.

56.Violence against children (VAC) in Uganda is on the rise and many children have reported at least one form of abuse or act of violence. VAC mostly persists due to harmful societal or cultural practices that result in physical, mental and emotional harm. A national survey on Violence in Uganda was conducted in 2015 that revealed the prevalence of emotional, physical violence against children in Uganda. Findings from the 2016/17 UDHS indicated that 44% girls and 59% boys aged 13–17 years had experienced physical violence in the last year, of whom 63% girls and 57% boys aged 13–17 years had told someone (usually a relative) about the violence.

57.There have however been several achievements in efforts to protect children from violence such as Uganda becoming one of the earliest Pathfinders that launched its first Violence Against Children Survey (VACS) in 2018 with support from the U.S. Centres for Disease Control (CDC) and Together for Girls. The survey led by Ministry of Gender, Labour and Social Development, broke down the context, prevalence and consequences of violence against Uganda’s approximately 23 million children and youth. Throughout 2019, these results informed the development of Uganda’s National Action Plan for Ending Violence Against Children (2020) and other critical strategies, such as a new multi-sectoral framework focusing specifically on violence against young women that addresses past bottlenecks and outlines the government’s commitment to address these concerns going forward.

58.Uganda also co-hosted the first INSPIRE Implementation Jamboree in June 2019 alongside End Violence, WHO and partners where over 18 countries discussed solutions and shared lessons on ending violence against children.

59.Government with support from partners, notably UNICEF has also made significant advancements in building a robust child protection model with capacity to address online Child Sexual Exploitation and Abuse (CSEA) with several pieces of this work financially supported by the Safe Online window of the UNICEF Fund. In 2018, Government also endorsed the Safe to Learn Call to Action as part of its commitment to end violence in and through schools and participated in the End Violence Lab’s Leadership Development Programme. A National Child Helpline call centre is operated and run by the MGLSD in partnership with UNICEF, and Civil Society Organizations was established in 2014 with an aim of providing a toll-free number for children and adults to report cases of abuse and violence. By 2019, 127 districts had been sensitised on the national child helpline and children, men and women are utilising it. Most of the calls are received from the central region and child neglect tops the list of cases, followed by sexual and physical abuse.

C.Sexual Violence

60.The incidence of sexual violence against children is high and defilement is on the increase; in 2014, it was the top leading crime. 12,077 cases were investigated in 2014 compared to 9,598 cases in 2013, an increase of 25.8%, as against 8,076 cases in 2012. 35% females and 17% males experienced sexual violence before attaining the age of 18 in 2015. In terms of physical violence, in 2015, males experienced more violence than girls at the rate of 65:59 respectively. Most acts of sexual violence experienced by girls occur in the private arena i.e., homes of the girls or the perpetrators, at 35% and 18% respectively and in schools, 19%. Sexual violence against boys occurs mostly in schools at an incidence of 31% and in their homes and perpetrators’ homes at rates of 22% and 11% respectively. The perpetrators tend to be friends, neighbours, teachers, classmates, authority figures and family members.

61.Due to the fact that the perpetuators are close to the children and their vulnerability, reportage and help-seeking behaviour among children is still low.

D.Violence in schools

62.As highlighted above, violence against children in schools is a challenge. A study by the Ministry of Education and Sports conducted in 2012 in 50 schools found that despite the existence of various initiatives, guidelines, measures, laws and policies against violence, schools could not guarantee the safety of learners, raising the risks of physical, emotional or sexual abuse. 81% of 10–18-year-olds have suffered violence in school, with teachers perpetrating the violence 68% of the time.

E.Trafficking in children

63.Trafficking of children is on the rise by unscrupulous individuals and cartels that lure children with promises of care, better standards or living, education and financial gain. The Justice, Law and Order Sector Annual Report 2015/16 indicates that 187 children were trafficked in 2013, 220 in 2014 and 261 in 2015. Children are picked from their villages of origin by intermediaries, guardians and family members who use them as sources of forced or cheap labour, prostitution and even organised crime, in circumstances akin to slavery.

64.In 2013, 37 children reported having been trafficked internally and subjected to child marriage and other forms of exploitation, while 25 children suffered similar fate transnationally. The Ministry of Internal Affairs has also identified instances of fraudulent adoptions tied to illegal children’s homes and orphanages that use children for farm labour.

65.Uganda is making efforts to identify victims of trafficking and in 2015 began implementing standard procedures to identify child victims. There are agreements and arrangements to allow for repatriation of victims through specially provided travel documents and regularising residence in the host country for victims of trafficking if it is deemed that the victim shall suffer adversely if repatriated. These, however, mostly do not apply to children.

66.Uganda is a source, transit, and destination country for trafficked children. Children are trafficked into Uganda from as far as South Sudan and the Democratic Republic of Congo for work in the trade, fishing and agriculture industry. Uganda is also a transit country and in 2013, eight children were registered as victims of trafficking. In some instances, the police provide temporary shelter for a few victims in partnership with the International Organisation for Migration (IOM) and NGOs working with children. In 2013, 20 trafficked children were repatriated and over 65 criminals involved in the trafficking were prosecuted, resulting in just 4 convictions. There is unfortunately, no systemized response to assisting victims, but IOM is working to provide financial and psychosocial support and re-integration packages to victims of trafficking.

F.Harmful practices

67.In 2010, Uganda ratified the Protocol to the African Charter on Human and People’s rights on the Rights of Women in Africa, which prohibits harmful practices by member states. The Children (Amendment) Act 2016 legislated against harmful customary or cultural practices and activities that hamper a child’s education and social development.

G.Female genital mutilation

Follow-up information relating to paragraph 56 of the concluding observations

68.Uganda is working towards implementing Sustainable Development Goal 5 on Gender Equality and target 5.3 that seeks to eliminate all harmful practices, such as child, early and forced marriage and female genital mutilation (FGM). In 2016, a study conducted in 5 districts in north-eastern Uganda where FGM is prevalent revealed that 27% females surveyed had been circumcised and for females aged 15–24 years, the incidence was 8% compared to those aged 45 years and above at 68%.

69.Government is fully committed to combating FGM using a multi-pronged approach from a penal, programmatic and educational approach. In addition to passing the Anti FGM Act (2010) prohibiting the practice, sensitisation of communities on the harmful practice of Female Genital Mutilation is on-going. Government uses drama groups with anti-FGM messages to reach communities. It also provided dignity kits and sanitary towels to 50 FGM survivors. In the 3 districts where FGM is prevalent, 95 health workers were trained on FGM laws and 180 local government officials sensitised on the UN Resolution on FGM as it relates to violence against children.

H.Child marriage

70.Child marriage in Uganda can be attributed in part to harmful social norms that result in parents and communities marrying off underage children despite the Constitution stating that the right to marry and found a family is endowed on persons above 18 years of age. Child marriage is a form of violence in that it often occurs under coercive elements driven by poverty, desire for bride wealth and other considerations that are not in the best interests of the child. There is also a tendency for some parents of defiled girls to marry them off to the offender rather than let the law take its course.

71.In 2015, Uganda developed the Strategy to End Child Marriage and Teenage Pregnancy 2014/2015–2019/2020. It focuses on generating data to understand the magnitude of the issue and changing communities’ mind sets and behaviour to influence social norm-changes. In 2015, the MGLSD undertook a situational analysis on the practice of child marriage. The study found that in the nine regions of Uganda, the practice of child marriage affects over 60% of the young girls; of which 15% are married by age of 15 and 49% by the age of 18 years. However, there is under-reporting of child marriage cases due to the connivance of all the parties involved, making it difficult to collect data.

I.Cybercrime and child pornography

72.The Anti-Pornography Act 2014 creates stiff penalties for depicting children in pornographic images or content and publishing, importing or exporting as well as trafficking such content. The Children (Amendment) Act expands on the definition of child pornography and adds the element of information technology in the dissemination of the pornographic content. Reports from former child commercial sex workers indicate that the Internet is used as a medium for commercial transactions whereby adults solicit children using phones and social media to exchange sexual images of children. These transactions sometimes are disseminated online without the children’s knowledge, under coercive or exploitative circumstances.

J.Commercial Sexual exploitation of children

73.There is a growing body of laws to combat commercial sexual exploitation of children. The Sexual Offences Bill 2016 criminalises child prostitution and child pornography specifically. Section 28 makes it an offence to create and distribute material depicting children involved in sexual acts. Section 29 criminalises child prostitution, punishable by up to 10 years and Section 30 criminalises child pornography, punishable by six years. The Children (Amendment) Act 2016 criminalises sexual exploitation and abuse.

K.Institutional responses to violence against children

Follow-up information relating to paragraph 44 of the concluding observations

L.Child responsive units in the justice, law and order sector

74.The justice law and order sector institutions are investigating and prosecuting cases of violence as a means of combating violence and impunity. The Judiciary has adopted child friendly procedures and developed a manual for judicial officers on how to handle cases of children who access the court system as victims, witnesses and those in conflict with the law. Similarly, the Children, Gender and Sexual Offences Department of the Directorate of Public Prosecutions established in 2015 has made strides in emphasising and practicing child‑friendly approaches for victims and witnesses involved in cases of sexual violence. In 2015, the Directorate published the handbook: “Prosecuting child-related cases in Uganda: A Handbook for Directorate of Public Prosecutions’ to enable state attorneys and prosecutors to investigate and prosecute child-related cases based along their best interests and development and survival rights.

75.Furthermore, the Police in 2013 established the Gender Based Violence and Sexual related Offences against Children Department in addition to the Child and Family Protection Unit that has been in existence.

76.Local Council Authorities are mandated with protecting children’s rights. At the local council 1 and 2 levels, lack of elected councillors has led to the creation of alternative structures of child protection committees. Child protection committees constituted of community leaders, members are working with development partners and NGOs to establish them at village and parish levels to. monitor and report cases of child abuse and neglect and raise awareness on child friendly justice systems. This is supporting the work of the Probation and Social Welfare officers and community development officers who have the mandate to protect vulnerable children at the community level. These efforts are limited by human resource constraints that limit supervision, including the challenge of having only one probation officer per district and lack of awareness at the community level of their roles in reporting violence against children. Government intends to strengthen the mandate of the Probation Officers and proposals have been approved for 2 Probation Offices at district level and one Probation Officer in every municipality.

M.Increasing reporting of violence

77.The Children (Amendment) Act 2016 requires all adults who witness child abuse to report it to the appropriate authorities. Reporting of any act witnessed by a teacher, local councillor at Level 1, a medical practitioner or social worker is mandatory under the Children Amendment Act Cap 59 (as amended) 2016.

78.Through the national Child Helpline and U-Report, children and adults can report cases of violence for free.

79.In 2015, U-report recorded 3,502 cases that were reported, many of which involved child abuse. Of those, 2,106 were handled and concluded while 1,187 were deferred for further investigation by the courts, police, probation officers and local council authorities. The effective follow up of cases is constrained by lack of adequate resources to handle each case as well as barriers to accessing justice due to various bottlenecks in the justice system.

N.Justice for children

80.The Justice, Law and Order Secretariat established a Justice for Children Programme in 2011 that currently operates in the High Court circuits in 54 districts. This programme mainstreams combating violence against children into the planning, implementation and monitoring frameworks of law enforcement agents. Coordinators are deployed at district level to work with government agencies such as the police, probation and social welfare officers, state attorneys and family and children courts to ensure that children at risk of violence or who have suffered violence are protected through legal and social measures.

81.Children face challenges in obtaining parental care and support, resulting in denial of maintenance and neglect. Under the Domestic Violence Act, 2010, economic abuse extends to failure to realise the provision of economic and financial resources to which the victim is entitled to by law, including denial of household necessities for child victims. Denial of child maintenance is on the rise; 18% of the cases handled by the Uganda Human Rights Tribunal in 2016 related to lack of child maintenance, while in 2014 the figure was 14.4%, down from 17.1% in 2012. The JLOS Annual report 2015/16 indicates that the sector handled 11,519 cases of child neglect in 2013, 11,791 in 2014 and 11,921 in 2015. Child maintenance denial results in denial of other rights such as education, medical care, and shelter, leading to increased vulnerability in children and affecting their welfare and development rights.

O.School based initiatives

82.With the introduction of Universal Primary and Secondary Education programme, more children are able to attend school. Consequently, government has designed various school-based strategies to combat violence against children. The National Strategic Plan on Violence Against children in Schools (2015–2020) emphasises government’s zero tolerance policy to violence against children in schools. Children’s Rights school clubs serve as hubs for anti-violence interventions and measures, focusing on the building of life skills around factors that predispose children to greater risk of violence and abuse. A National Inter‑Sectoral Committee on Violence Against Children in Schools was established in 2012 to combat violence against children and in 2014, government issued the Reporting, Tracking, Referral and Response Guidelines On Violence against Children in Schools to guide school administrators on the required measures to combat the violence.

P.Increasing online security

83.The Computer Misuse Act 2011 criminalises child pornography, cyber stalking and electronic communication with the intent to disturb the peace, quiet or right of privacy of any child. The National Information Technology Authority (NITA) and the Internet Society of Uganda are disseminating the Online Safety Educational Toolkit that helps children to recognise potential risks online and offline and to prevent and address intrusions or victimisation caused by online activities. The Kit provides children with information on where to report incidences of child online sexual abuse and how to seek assistance.

84.The Pornography Control Committee was established in 2017 to monitor adherence to the law against pornography. The Uganda Computer Emergency Response Team of the Uganda Communication Commission also works on issues of child online abuse. The challenge is that this information is not widely known by children, who may fear to report these kinds of cases or lack telephones to call these cases on 116 (Child Helpline). There is a multi-sectoral working group promoting Child Online Protection that educates children and other users on how to engage the Internet responsibly. The MGLSD is taking this message to schools and educational institutions. NITA has put in place a child sexual abuse reporting page although there is insufficient awareness on the portal and its usage.

Q.Sectoral strategies for combating trafficking in children and sexual exploitation of children

85.Vulnerable young persons who are illegally taken abroad for labour purposes are increasingly reporting forms of abuse and violence with little to no protections in their host countries. Children trafficked internally also obtain work as unskilled labourers with few social and legal protections.

86.The MGLSD increased its vigilance over licensed and unlicensed recruitment companies and individuals that recruit children and young people to work abroad. The MGLSD has been regulating and licencing recruitment firms, although it lacks adequate verification mechanisms.

87.In November 2013, the government established a website – www.crtuganda.com – to raise awareness about trafficking in Uganda. The site includes contact information for Ugandan consular officials and the Coordination Office for Combat Trafficking in Persons to aid reporting.

88.The Guidelines on the Recruitment and Placement of Ugandan Migrant Workers Abroad, (2015) omit children from the ambit of recruitment firms, as they require a person being recruited to be above 18 years.

89.There is a National Counter Human Trafficking Taskforce in the Uganda Police Force that links cybercrime to trafficking. The Ministry of Internal Affairs Anti-human trafficking task force is conducting outreach efforts in schools to raise awareness among vulnerable children on the perils of trafficking. The Coordination Office to Combat Trafficking in Persons has been making efforts to raise public awareness on the issue of trafficking in persons including children. Government is undertaking training for law enforcement agencies and immigration on a continuous basis in order to build skills on investigation techniques and victim handling.

90.The Prevention of Trafficking in Persons Act makes provisions for jurisdiction, extra‑territorial jurisdiction and extradition. The Act also provides for arrangements by the Ugandan government to arrange for victims of trafficking to receive state assistance/support in the countries where the offences have occurred if it is deemed that repatriation will be more harmful than helpful to the victims. Social workers are empowered and trained to help families and communities to reintegrate victims and reduce stigmatization and re‑victimisation. Mandatory reporting of child abuse is also mean to reduce re-victimisation of vulnerable children.

91.The PTIP Act provides for Government to establish a data bank on cases of trafficking in persons and conduct continuing research and study on the pattern and scheme of trafficking in persons, which shall form the basis for policy formulation and program direction. The Ministry of Internal Affairs maintains a national database on Trafficking in persons since 2013. 

92.The main institutional arrangement for combatting Child Sexual Exploitation and Abuse in Uganda is the Working Group to prevent and Respond to Online Child Sexual Abuse and Exploitation. Coordinated by the Ministry of Internal Affairs (MoIA) and comprised of senior officials from a range of government, criminal justice and civil society organisations, this body will serve to coordinate activities to combat CSEA. This multi‑agency approach ensures a multi-pronged, holistic and better coordinated response to problems of online child abuse. A draft national plan on Child Sexual Exploitation is in existence to implement various laws protecting children.

VII.Family environment and alternative care

A.Family environment and parental guidance

Follow-up information relating to paragraph 42 of the concluding observations

93.Section 4 of the Children Act Cap 59 provides that every child shall have the right to live with his or her parents or guardian. Under this law, it is the duty of a parent, guardian or any person having custody of a child to maintain that child and help that child to realise all their rights.

94.Section 6 states that every parent shall have parental responsibility for his or her child; where the natural parents of a child are deceased, parental responsibility may be passed on to relatives of either parent, or by way of a care order, to the warden of an approved home, or to a foster parent. The Children (Amendment) Act (2016) emphasised recognition of customary guardianship based on culture and tradition as a valid form of guardianship in cases where a child’s parents are deceased or incapacitated.

95.In a bid to support parents and guardians, MGLSD developed a comprehensive national strategy aimed at securing the provisions of early intervention and prevention programmes to families, parents, caregivers and children across the country, namely the Alternative Care Framework. This is in line with the UN Guidelines on Alternative Care.

96.In addition, the National Integrated Early Childhood Development Policy (NiECD) adopted in 2016 seeks to strengthen the government’s approach and ensure better coordination of efforts in response to fragmented efforts around child development approaches across various sectors. The policy harmonises the goals and strategies across sectors and across the different levels of government towards more coordinated, integrated and inclusive early childhood development.

B.Separation from parents

97.The Constitution of Uganda, Article 31 states that children may not be separated from their families or the persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law. It was estimated in 2012/13 that 20% of Uganda’s children are not living with a biological parent and at least 2.3 million children (12.7 %) lost at least one or both parents.

98.The Children Act Cap 59 (as amended) 2016 provides for a child to be removed from their parents only if it is in their best interests; if it is proven that the child is likely to suffer harm or abuse. The Act emphasizes that preserving family structure is always a priority, as is equipping families to identify and solve their own problems with the assistance of state agencies such as the Probation and Social Welfare Officers (section 42B).

99.There is a proliferation of children’s homes, estimated at over 800 across the country. Unfortunately, some of these homes have created a pull factor for poor families to abandon their children to such institutions in the hopes of giving them a better future. Government has a sent out a clear message that poverty and the resulting inability of parents to adequately care for their children should not be viewed as an opportunity to draw children into institutional care or to put them up for inter-country adoption but rather require the economic strengthening of families.

100.Uganda has enacted the Children (Approved Home) Rules 2013 and the Children (Approved Home) Assessment Toolkit was updated 2013. These guidelines provide a standard for the running of children homes. The MGLSD has prioritised the sanctioning of homes that fall far below the standard and to improve compliance in this area.

101.The law repeals legal guardianship for foreign nationals, which loophole was exploited to evade the exactitudes of legal adoption. The law reserves legal guardianship strictly for Ugandan nationals. The Act reduces the time required for in-country supervised pre-adoption fostering for adoptive parents from 36 to 12 months. This also reduces the room for child exploitation through legal guardianship and yet leaves sufficient time for Ugandan authority interventions in the best interest of the child.

102.The Act also provides for mandatory periodic reports and updates to the Ugandan government agencies on the condition of the adopted child.

103.The Diversion Guidelines and Regulations aim to ensure that children in conflict with the law are not separated from their parents but can receive counselling and be released back to their families in privacy, as opposed to being detained and punished. The underlying logic of these guides is to ensure that institutionalisation is used as a last resort and only with the aim of rehabilitating the child.

C.Family reunification

104.The Children (Amendment) Act (2016) provides that where a child is placed in alternative care, child protection services shall aim at reunification when it is appropriate to do so. Uganda’s child protection framework is two-fold in nature. Child Protection programs should be both preventive, minimising children's risk of facing violence, abuse, exploitation and neglect, and responsive, providing specialised services in cases where children are at especially high risk for, or have experienced, child protection violations.

105.The Uganda Refugee Act (2006) is supportive of family reunification. The Act guarantees the rights of refugees, including the rights of families of refugees. It provides for the recognition of refugees to enjoy protection and be issued with all necessary documents relevant to his or her status. Moreover, on the death of a recognised refugee, any member of the family of the recognised refugee in Uganda shall continue to enjoy the protection and shall remain in Uganda until otherwise disqualified. Section 27 allows a recognised refugee to apply to the Eligibility Committee for permission for a member of his or her family to enter and reside in Uganda for purposes of reunion.

D.Recovery of maintenance for the child

106.Without proper parental support, a child may lack his or her necessities that foster survival and development. The Family and Children Court established under the Children Act Cap 59 has jurisdiction to entertain applications for maintenance orders where a parent is in neglect of the child’s welfare. An application for a maintenance order may be made by a person who has custody of a child against one of the child’s parents as appropriate (in cases of divorce, separation, nullity or application for a declaration of parentage), during a subsisting pregnancy or before a child turns 18.

107.There is increasing focus on the rights of a child to an adequate standard of living in keeping with the child’s stages of development. The Uganda Human Rights Commission’s Tribunal, which has a Vulnerable Persons Unit, is mandated to grant child maintenance orders. In 2016, the Commission received and handled 192 complaints of denial of child maintenance, compared to 131 cases in 2014 and 6 cases in 2012. The Justice Centres Uganda, a state legal aid service provider under JLOS, handles child maintenance cases to parental support. Several legal aid service providers are providing legal aid to children in accordance with the children (Amendment Act (2016) to secure maintenance orders for children either through mediation or through court proceedings.

E.Children deprived of a family environment

108.Uganda has many orphanages and residential care institutions, but less than 100 are licensed by MGLSD. It is estimated that these homes house about 50,000 children in orphanages and institutions, and that 85% of these have no proactive resettlement programmes. Over 80% do not have a child protection measures and professional capacity and more than 50% have completely unacceptable care standards. The coverage of these institutions is uneven, and some areas of the country have more institutions than others.

109.Inquiries by the MGLSD found that some individuals and organisations invest in such institutions, and hence feel a need to fill them, recruit children with promises of a better life than their current home situation. In many cases, parents in situations of extreme poverty also abdicate their parental responsibility over children, including in some instances children with severe disabilities. There are cases of teenage mothers who lack the capacity to take care of their children and seek to avoid the stigma associated with this status. Children conceived as a result of rape or incest are also likely to be abandoned as are children who commit crimes.

110.In response to the crisis posed by the proliferation of unregulated (un)approved homes, an Alternative Care Task Force was established (2010). It has now been embedded as a sub‑committee of the National Child Protection Working Group.

F.Children with incarcerated parents and living in prison with their mothers

111.It is estimated that 200,000 children in Uganda have a parent in prison at any one time. Children with parents in prison in Uganda face denial of their rights to survival and development under enabling environments. The trauma of separation, as well as stigma and discrimination they face because of their parent’s involvement with the criminal justice system places them in a doubly difficult situation.

112.There are no child-friendly facilities in prisons in Uganda. Children living in prison with their mothers’ face conditions of inadequate access to nutrition, leisure and education. The Prisons Act provides that children stay with their mothers in prison up to 18 months, although many stay longer if there is no extended family or NGO to take care of them.

113.Whereas progress has been made in reducing the period of pre-trial detention, it is still a problem and over 54% of all prisoners are on pre-trial detention. The judiciary developed the 2013 Sentencing Guidelines that look at care-giving responsibilities as a mitigating factor during sentencing procedures. However, the sentencing guidelines are administered inconsistently and depend on the discretion of the individual judicial officer.

VIII.Disability, basic health and welfare

A.Children with disability

Follow-up information relating to paragraph 47 of the concluding observations

114.The Uganda Demographic Household Survey 2011 shows that the prevalence of disability was 19% of persons aged 5 and above and 12% among children aged 5–9 with sight and mobility disabilities being the most common types. About 6% of children (6–17 years) had at least one form of disability (difficulty in seeing, hearing, walking or remembering. There were more children with disabilities in rural than urban areas. However, there are still several instances of concealment of children with disabilities by family members, which results in marginalisation of children with disabilities. While data on children with disabilities is limited, it is estimated that there were 183,537 and 11,415 learners with disabilities in primary and secondary school respectively in 2008.

115.Government’s obligations towards the rights of children with disabilities are reflected in the Persons with Disabilities Act 2006, which touches on the duty to formulate policies that provide children with disabilities access to relevant education, paying particular attention to the requirements of the girl child and children in rural areas. The Children (Amendment) Act emphasises the rights of children with disabilities or with special needs, who are not to be discriminated against based on their special needs or disability.

116.The National Disability Inclusive Planning Guidelines for Uganda 2017 estimate that only about 9% of children with disabilities of school-going age attend primary school, compared with a national average of 92%, and only 6% of them continue to secondary school (national average: 25%).

117.Government continues to promote special needs education and inclusive education for children with disabilities and those with special needs. Children with disabilities obtain learning support in special schools and are integrated in special classes within mainstream schools or mainstream classes. Barriers to learning and development are thus addressed in an inclusive setting, although the same model does pose challenges requiring specialised support and pedagogical methods and equipment.

118.Government has demonstrated commitment to inclusive education through its policy frameworks, strengthening of collaborations with NGOs and private partnerships working with learners with disabilities. Special needs education has been adopted as a matter of policy through the Special Needs and Inclusive Education Implementation Strategy 2012–2017. In 2013, the Special Needs Education and Non-Formal Education Policy were approved by Cabinet and policy guidelines developed.

119.The National Development Plan II (2010/11–2014/15) prioritised the need for all schools to be constructed on the principle of inclusiveness and accessible physical infrastructure for students with disabilities. The NDP II emphasised the need for bursary schemes for learners with disabilities and special needs and through subvention grants for learners with disabilities, government is increasing access and equity towards this goal. In 2015 government paid subvention grants for 5,000 learners with special educational needs in 100 schools. To deal with the challenge of disabling physical environments that discourage school going children’s disabilities, Government is focusing on increasing the accessibility of school infrastructure of children with disabilities.

120.The Building Control Act 2013, the Special Needs Education and Inclusive Education Policy are among the policies in place to ensure that ins=fracture in buildings and in schools are disability sensitive by providing amenities such as classrooms with ramps and supportive structures in pit latrines. However, the 2016 National Service Delivery Survey showed that only half of the primary schools (49%) had toilets that catered for the physically impaired.

121.There are 113 special schools catering to children with disabilities, although they are not available in every district. About 9% of children with disabilities at school going age attend primary school and only 6% transition to secondary school education. In 2012/13, 6.4 males and 4.9 females aged 6–10 had indicated non-attendance of schools because of disability statues; in 2016/17 the situation improved with only 1.8 males and 2.2 females failing to attend school because of disability status. Improvements have been registered in the enrolment of children with disabilities; enrolment increased from 2.36% of the overall school population (boys 2.54%; girls 2.32%) in 2013 to 2.45% (boys 2.61; girls 2.30%) in 2014.

122.The Special Needs Education and Non-Formal Education Policy developed in 2013 promote broader learning frameworks for children and young persons with disabilities. Business, Technical, Vocational Education and Training (BTVET) Act, No. 12 of 2008 seeks to increase equitable access to people with disabilities and create linkages between formal and non-formal education. This takes into account the challenges faced by children with disability in accessing formal education by providing a continuum of educational services. BTVET provides relevant knowledge and practical skills for academic progression and specific employment-oriented skills in the labour market and is being implemented in collaboration with NUDIPU and the Special Needs Education department to facilitate inclusion of children with special needs.

123.The establishment of a Special Needs Department in Kyambogo University serves as a resource for capacitating teachers in special needs education. Despite this, the numbers of SNE teachers are still fewer than the stipulated rations in the Special Needs and Inclusive Education Policy, 2010. To mainstream this capacity, all students at Primary Teachers’ Colleges are subjected to mandatory examinations on special needs education as a means of increasing their potential to engage in SNE.

124.Children with disabilities continue to benefit from community-based rehabilitation programmes where they receive medical assessments, referrals, counselling with the support of the community. A continuing challenge with providing support to children with disabilities is the tendency for families to under report such children’s existence and this limits service provision. CSOs in partnership with district sectoral service providers such as community development officers, health officers and district education officers and even para social workers are complementing the work of government to provide such services. The National Action Plan for disabilities developed by MGLSD is being disseminated in the different districts. Despite this, not all districts have access to specialised services required for special needs of children.

125.These efforts notwithstanding, there is inadequate data on the situation of children with disabilities and special needs. Lack of data limits effective planning and response initiatives and causes inadequate coordination between local governments and the centre. There are inadequate numbers of specialised inspectorate officers for SNE at the district level; hence, supervision is uneven across the country. Government plans to scale up the monitoring of institutions supporting children with special education needs and procurement of instructional material and equipment for learners.

B.Welfare of children, particularly vulnerable children

126.There is a high incidence of vulnerable children whose survival and requirement requires special protection. The Uganda National Household Survey 2009/10 rated 38% of the children in Uganda as vulnerable; in 2014, up to 43% of all children (7.3 million were in moderately vulnerable situations, while 8% (1.3 million) lived in critically vulnerable situations. The 2014 Census revealed that 60% of children are vulnerable. 36,000 households were headed by children as at 2014 of which 29% were female child headed. There were more child-headed households in rural areas (64%) than in urban areas (36%).

127.The Orphans and Other Vulnerable Children (OVC) Policy 2004 highlighted the situation of orphans, out of school children and children with disabilities as among the more vulnerable children. These three categories represent 92.9% of orphans and vulnerable children (OVC). The National Strategic Programme Plan of Interventions for Orphaned and Other Vulnerable Children 2011/12-2015/16 also places due emphasis on these categories.

128.The MGLSD has been working with development partners to strengthen government’s response to OVCs, reaching 80 out of 112 districts in Uganda by 2015. The objective is to support local governments’ capacity to effectively provide high quality, comprehensive and scaled-up services for OVC between 2010 and 2015. An OVC management information system is facilitating and coordinating the work of over 4,000 civil society organisations and community organizations to provide care and support for OVC. In 2013, the MGLSD and partners developed the vulnerability index tool for identification, monitoring, and graduation of OVC households. However, impact is limited by the human resource capacity constraints, for example only 41% of the approved Community Development Officers were filled by 2013, and these positions are overwhelmed by other development mandates at the district level.

129.A Multi-sectoral OVC Steering Committee at national level was established and by 2015, 73 OVC Coordination Committees had been established at district and sub county level. These functionaries work in multi-sectoral linkages with officials from other sectors such as health, education, law enforcement agencies and community-based departments at local government levels, as well as NGOs, to provide comprehensive child protection services. Under the Monitoring and Evaluation Framework and Plan of the National Strategic Program Plan of OVC Interventions (NSPPI-2), districts have been collecting data in order to enhance evidence-based decision making and reporting on results obtained from the implementation of NSPPI-2. This approach also combines the MGLSD Orphans and Vulnerable children Management information system, the Education Management Information System and the Health Management Information System at the district level to information on pertinent OVC indicators.

C.Standard of living

Follow-up information relating to paragraph 58 of the concluding observations

130.From 2012-15, the Vulnerable Family Grant scheme was piloted by the MGLSD in 6 districts at parish level. At its close the Vulnerable Families Grant had reached households including child headed households for extra support, reaching the poorest and most families 6040 villages, 141 sub counties and town councils in 15 districts.

131.This social welfare initiative targeted poor and vulnerable households with high dependency ratios. Households with high proportions of children, particularly orphans and children with disabilities were prioritised to receive support. Due to challenges faced in implementing it evenly across the country, the grant was phased out. That notwithstanding, it benefitted children’s development, as beneficiaries spent much of their grant on school and even purchase of scholastic materials. Even though the Vulnerable Family Grant scheme ended, Government has shown committed to advancing Social Protection in Uganda.

132.The right to social protection for all Ugandan citizens is set out in the 1995 Constitution. The Government of Uganda (GoU) has articulated an ambitious vision for the social protection sector, reflecting this right, with commitments to expand the coverage of social assistance to 50% of the vulnerable population by 2030, as set out in the third National Development Plan III.

133.The approval of Uganda’s first National Social Protection Policy (NSPP) (MGLSD, 2015) in 2015 marked a critical juncture in the path towards establishing a social protection system in Uganda. The Social Assistance Grants for Empowerment (SAGE), now the Senior Citizens Grant (SCG) which is implemented by the MGLSD, is designed to reduce old-age poverty by providing a minimum level of income security through payments of UGX 25,000 (approximately £5) every three months to all citizens above the age of 80. The programme is funded by the GoU, with support from UK Aid and Irish Aid and reached 169,342 beneficiaries as at early 2020, representing a coverage level of 13% of the programme’s target population. Children have been seen to be indirect beneficiaries to this programme although there is need to have a child focused social protection programme.

134.14.7% of all children enrolled in primary school in 2013 were orphans, hence vulnerable learners. The Nutrition Action Plan 2011–2016, the School Feeding Policy Guidelines and Nutrition Planning Guidelines for Uganda 2015 underpin the drive to establish community-based school gardens and promote the transfer of replicable technologies around demonstration gardens to the community to create a conducive environment for learning.

D.Health services and primary health care

Follow-up information relating to paragraph 50 of the concluding observations

135.Uganda is making progress in improving maternal and child health and nutrition outcomes, although less progress is registered with newborn mortality as improvements are uneven across various regions and socio-economic groups.

136.Primary health care enables children to benefit from affordable health care. Government has made remarkable effort in addressing the most prevalent health challenges that affect the survival and development rights of the child. The commitment to a multi sectoral approach to health service delivery is reflected in the Investment Case for Reproductive, Maternal, New-born, Child and Adolescent Health Sharpened Plan for Uganda 2016/17–2019/20. In particular, government is prioritising policy frameworks that emphasise critical demand side and supply side health care interventions.

137.The Percentage share of budgetary allocations to the Health and Water Sectors has been relatively low over the last few financial years due to government prioritization of other critical infrastructure in the energy and roads sectors that are equally important in the functioning of the health sector. There is critical linkage between stable electricity supply and roads leading to major health facilities and proper functioning of the health system. In 2015/15 the budgetary allocation to health was 6.9% of the overall budget, in 2016/17 it was 8.9% and in 2017/18 the allocation was 8.3% of the total budget. Regarding Water and Environment, the budgetary allocation was 3.0% in 2015/16, in 2016/17 it was 3.4% and in 2017/18 it was 2.9%.

138.Uganda’s Child Survival and Development Strategy focuses among other things on new-born care utilising various interventions including care of HIV exposed children; eliminating mother to child transmission of HIV; skilling labour involved in child health care; intensifying campaign efforts against communicable disease and promoting treatment for children from birth.

139.Government efforts have elicited progress toward meeting targets. In 2011, there was a remarkable decline in all levels of childhood mortality compared to 2000-01. In the same period, infant mortality declined by 39%, from 89 deaths per 1,000 live births to 54 deaths per 1,000 live births. Under five mortalities declined by 37% from 143 deaths per 1,000 live births, to 90 deaths per 1,000 live births. In 2016, the Uganda Demographic and Household Survey found that under five mortality rates have declined from 116 deaths per 1,000 live births (2002–2006) to 64 deaths per 1,000 live births (2012–2016). From 2011–2015, the infant mortality rate was 43 deaths per 1,000 live births and child mortality rate was 22 deaths per 1,000 children surviving to the age of 12 months. Nonetheless, there are still gaps in the interventions as 135,000 children still die per year of preventable disease.

140.Neonatal mortality is decreasing at a slower pace than mortality amongst children 1–59 months. The number of infants under 1 month dying has fallen from 33 per 1,000 live births in 2001 to 27 per 1000 live births in 2016 (UDHS 2016/17). Neonatal mortality rate is slightly higher in urban at 31 per 1,000 live births compared to rural areas at 30 per 1,000 live births.

141.Immunisation programmes are reaching more children than ever before, improving child survival. Half of the children aged 12–23 months (52%) were fully vaccinated in 2011, an increase of 46% from 2006. The number of children immunizations increased by 3% from 1,969,794 in 2013/14 to 2,028,888 in 2014/15. The 2016 National Service Delivery Report revealed that close to nine in every ten (86%) of children aged 12–23 months were fully immunised at the time of the survey.

142.Following a mass polio campaign by Uganda National Expanded Programme on Immunisation from 2015–2016, Uganda was certified polio free after conducting mass polio and measles vaccinations.

143.In 2015, government trained facility-based staff on the effective management of common childhood and new-born illness. 2,350 health workers were trained in new-born resuscitation in order to improve new-born health and survival. This resulted in increasing the percentage of trained health workers to 39 % between 2014 and 2013. Integrated Community Case Management now covers 75 districts. These achievements are related to the improvement in Neo Maternal Rates from 27 per 1000 live births in 2011 to 22 per 1,000 live births in 2015.

144.Despite all these significant gains, there are challenges related to child survival efforts. There is still a big malaria, pneumonia and diarrhoea burden and monitoring diseases requires adequate staffing at key levels, which posts are not filled. Effective supervision is limited in some districts due to lack of human and logistical support, and maintenance of medical equipment nationwide is not up to the required standards.

E.Adolescent Health

Follow-up information relating to paragraph 54 of the concluding observations

145.One of the major goals of the National Health Policy 2004 is to protect and promote the rights of adolescents to health information, education, and care services. The Policy has targeted the incorporation of adolescent reproductive health in the curricula of all health training institutions and schools. It also recognises the rights of pregnant schoolgirls to be readmitted and continue with education system after they have delivered. Uganda is finalising the National Multi-sectoral Framework for Adolescent Girls, 2017/2018-2021/22. The Ministry of Education and Sports has developed a National Framework on Sexuality education to guide on school health education programmes.

146.The incidence of teenage pregnancy is one of the highest in East and Southern Africa. It is estimated that out of every 1000, female Ugandan adolescents aged 15–19 years, 25% of have given birth and 19% of women aged 15–19 have given birth. Teenage pregnancy affects young girls in several ways, including physically, emotionally and economically. While the National Adolescent Health policy recognises the rights of girls to return to school after pregnancy, in practice girls who become mothers drop out of school in high rates.

147.The UDHS 2016/17 found that 25% of adolescents aged 15–19 in Uganda have been involved in childbearing, with more adolescent births registered in the rural areas at 27% compared to urban adolescent births at 17%. The introduction of Universal Primary and Secondary Education succeeds in part in keeping children in school and averting childhood pregnancies. The UDHS 2016/17 statistics bears out this correlation, finding that the proportion of teenagers who have started childbearing decreases with increasing level of education: slightly more than one third of teenagers aged 15–19 with no education (35 percent) have begun childbearing compared with 11 percent of those who have more than secondary education. In 2015, there were teen pregnancy/end child marriage campaigns conducted that reached approximately four and a half million people.

148.HIV and Sexual and reproductive health intersect in the lives of young persons. The Uganda AIDS Commission conducted a situational analysis on adolescent HIV and Sexual and Reproductive Health at 335 sites across the country to assess the key factors and challenges and used the findings to develop the National Adolescent Health and Development Strategy, 2011–2015. A Sexual and Reproductive Health/HIV vulnerability mapping study for adolescents and young people was also completed in 2016. The Ministry of Education and sports from 2014 has disseminated Sexual and Reproductive Health and HIV information to schools.

149.Sanitary and accessible conditions and structures are important for all children and particularly for girls and children with disabilities. Uganda developed the Water, Sanitation and Hygiene (WASH) Strategic Plan in 2006, under which the Ministry of Education and Sports provides leadership working with local governments in partnership with NGOs and development partners. WASH in schools provides facility grants for construction of accessible latrines, and facilities for girls to wash during menstruation.

150.While efforts have been made to comply with WASH standards in more recently built school facilities, the older constructions do not comply with the WASH requirements. In many schools, the prescribed ratio of 1 latrine per 40 pupils or students is not matched by investment in WASH infrastructural development due to high enrolment of learners under universal education in primary and secondary schools.

151.Government undertook research on menstrual management in 120 primary schools in 6 districts, which revealed that a key factor of girls’ school absenteeism was related to menstruation and challenges with information and management. In 2013, the MoES developed a reader for school going children on menstrual health to help them cope with this phase in their school going lives.

F.HIV/AIDS and the rights of the child

Follow-up information relating to paragraph 52 of the concluding observations

152.HIV prevalence remains low among children, and a significant ratio of the prevalence of HIV in children is linked to prevalence in mothers. Under the Elimination of Mother to Child Transmission Pledge and Campaign, Uganda set out in 2015 to reduce the number of children newly infected with HIV by 90%. Mother to child transmission of HIV contributes 22% of children born with HIV and in 2009, 9% of infants were born to HIV-infected mothers. The results of the 2016 Uganda Population HIV Impact Assessment reveal that among children under age five, HIV prevalence is 0.5%, while among those aged 5–14 years, it is 0.5%.

153.Prevention or Elimination of Mother to Child Transmission (PMTCT) programmes have contributed towards the decreased numbers of children who are born with HIV; HIV positive pregnant women receiving ARVs for elimination of Mother to Child Transmission during pregnancy, labour, delivery and postpartum were 72% in 2013/14 and 68.3 in 2015/16. Uganda is nearing virtual elimination of mother-to-child transmission of HIV and the number of children born with HIV infection in Uganda declined by 86% between 2011 and 2015.

154.The percentage of children who are on ARVs increased in 2013/2014 to 56,269 (38%) and by end of 2015, 60,029 children were on ARVs. By end of 2015, the number of new infections among children fell to 3500 (86%) and Uganda is leading on reduced infections in Eastern and Southern Africa.

155.MoES revised the Education and Sports HIV Strategic Plan 2017–2022 and its HIV AIDS unit has reached 359,327 children in schools and through drama clubs for awareness raising with HIV and Health education sessions.

156.The Ministry is using dance, debate, and HIV Talking compound sessions and integrating HIV into co-curricular activities. By 2016, 37.8% of young women and 36.9% of young men aged between 15–17 years showed comprehensive knowledge about HIV.

157.The HIV prevalence among adolescents aged (15–19 years) currently is at 1.1% with a slightly higher prevalence among adolescent girls (1.8%) (Ministry of Health, 2017). The National Strategic Plan on HIV 2015/16-2019/2020 has prioritised the reduction of HIV in this population by 70% by 2020. The number of adolescents receiving HIV related care and on ARTs also improved from 21,641 to 25,283, based on a Ministry of Health 2013 baseline survey.

158.In December 2014, The Communication for Healthy Communities’ Obulamu campaign themed ‘How’s your cool life’ targeted adolescents among other groups, utilising youth friendly channels. It is estimated that 10.3 million people including adolescents were reached using channels such as social media platforms and public gathering places such as health centres, places of worship, community forums, transport stations/routes (stages) and upcountry buses.

159.The President of Uganda in June 2017 launched a five point Presidential Fast-track Initiative on the ending of HIV & AIDS in Uganda by 2030. The initiative targeted among others the young persons. The National HIV AID Campaign ‘Protect the goal’ used football as an interesting way to captivate the interest of young persons and reach them with youth related programs on HIV AIDS awareness.

IX.Education, leisure and cultural activities

Follow-up information relating to paragraph 60 of the concluding observations

160.The main aim of Uganda’s education policy is the holistic development of a child – language, emotional, intellectual, academic, motor and social skills. The Education Act 2008 states that Government shall through its relevant agencies be responsible for setting and maintaining the national goals and broad aims of education.

161.The Government’s commitment to the right to education is revealed in the various strategies in the education sector, including the fact that it is one for the few low-income countries to produce an Annual Performance Report on the performance of the sector, a fact for which is has been commended by UNESCO.

162.Uganda has implemented Universal Primary Education (UPE) since 1997 and Universal Secondary Education (USE) since 2007. The 2016 National Service Delivery Survey indicated that eight in every ten primary schools were funded by Government (79%) with a higher percentage of schools in rural areas (86%) compared to urban areas (63%). Availability of classrooms was nearly universal. However, only 34 percent of primary schools had adequate classrooms.

163.Related to this is the problem of governance and accountability in the sector such as teacher absenteeism, estimated at 20–30%. This leads to estimated losses of billions of shillings a year. However, ongoing initiatives on participatory school monitoring such as C U @School, a mobile phone texting service and other participatory monitoring initiatives at village level have reduced absenteeism of teachers.

164.School inspection, monitoring and support supervision is often inadequate, and it has been difficult to sanction and motivate poorly performing private schools. The MoES has taken remedial action such as stopping the operation of schools and applying stringent licencing measures. The Ministry developed guidelines for the establishment, licensing, registration and classification of private schools and institutions in 2014. This help to consolidate and clarify the relevant minimum standards for school owners.

A.Financing education

165.UPE and USE are free educational programmes. However, parents are still expected to cater for uniforms, food and scholastic materials, the total cost of which is often beyond the means of the poor. Hence cost is reported as the primary reason for school dropouts. According to Census data, 2014, 962,665 children aged 6–12 were out of school and 913, 097 children aged 13–17 were out of school, out of 19,032,031 children.

166.The Education Act (2008) provides that Financing of education shall be through fees, grants, donations, training levies, education tax, and any other means as deemed appropriate by Government. The share of education in the government budget was 13.7% in 1990, rising to 24.7% in 1997. The Education Sector Medium Term Expenditure Framework (MTEF) budget allocation for the financial year 2017/18 was 11.25% of the overall national budget of UShs. 21,993.16 billion, although a reduction from 0.73% points from the 2016/17 sector budget share.

167.Public current expenditure on education as a percentage of GDP was at 1.02% for primary education in 2016. The bulk of financing for education goes to the primary education sector. In 2015/16, 53.9% of the total (education) sector budget was allocated to Primary education, 18% to Secondary education, 16% to Tertiary education, 9% to BTVET and 4% to others (Physical Education and Sports, Special Needs Education, Guidance and Counselling and Policy, Planning and Support Services).

168.GoU receives additional direct and indirect funding, grants and loans from development partners, multilateral agencies and other organisations. These funds contribute towards funding education programmes, training, building physical infrastructure, renovation and provision of equipment.

B.Early childhood development

169.Government is addressing early childhood education as a matter of priority. 6,798 pre‑primary schools were registered in Uganda in 2016 compared to 5763 in 2015 and 2361 in 2011, a significant increment from 1032 in 2002. In 2015/16, in collaboration with the Uganda Teacher and School Effectiveness Project, the MoES conducted face to face trainings with 1,000 care givers on improving competencies of Early Childhood Education (ECE) in 15 Primary Teachers’ Colleges throughout the country. The Ministry licenced a total of 2, 403 care givers from 13 districts in addition to 1,281 caregivers from 30 Early Childhood Development teacher training institutions. 575 ECE caregivers/teachers were registered for the Certificate in Early Childhood and 55 were licenced. Under the Certificate in Community Child Care, (CCC) a total of 2,529 were registered. Licencing and registration of ECE centres enables them to operate in a more legally acceptable environment since all of them are privately owned.

170.Eighty percent (80%) of the Early Childhood Development (ECD) learning facilities in the Country are owned by non-state actors and most of them are in urban areas where providers can realise a return on their investment with 60% being located in the Central and Eastern regions of the Country.

171.ECD in Uganda is dominated by the private sector, (80% of the early childhood development (ECD) learning facilities are owned by non-state actors. Most facilities are in urban areas where providers can realise a return on their investment. 60% being located in the central and eastern regions of the country. This excludes over 80% of the population who are poor and live in rural areas. This is compounded with few qualified teachers qualified in ECD Government is planning and working to expand community based ECD centres and to attach ECD them to primary schools, as well as developing and implementing a comprehensive policy framework for ECD.

C.Primary education

172.The government has made significant progress in its objective of ensuring that each parish has a primary school and that each sub-county has a secondary school. As a result, over 84% of children now live within 3 kilometres of a primary school. However, 54% of rural children live more than 5 kilometres away from a secondary school, while it is 26% for children in urban areas. On average, 47% of Ugandan children live within 3 kilometres of a secondary school.

173.There is no gender discrimination for enrolment and the gender gap in enrolment has reduced to about 1% (50.5 % girls and 49.5 % boys). Secondary school gross enrolment increased by 136.2% from 518,931 (290,176 boys; 228,755 girls) (2000) to 1,225,692 (boys 654,971 and 570,721 girls) (2010). The introduction of USE in 2007 notably increased the enrolment of girls at secondary school level and decreasing the gender gap progressively.

174.The Primary School Net Enrolment Ratio for Uganda was 80 percent in 2016/17. Completion rates have risen steadily and were at 61.6% for primary 7 and 37.8% in senior four in 2016. Transition rate from Primary 7 to Senior 1 increased from 47% in 2006/07 to 73% in 2013/14 and access to secondary education increased by 67.4 % over the same period. These figures are evidence of the success of UPE and USE. Evidence of success is also visible from literacy rates have improved significantly. In 2015/16, the literacy rate for children aged 10 years and above was estimated at 74%, with higher rates for males (78%) than females (70%).

175.There have been some challenges noted in the implementation of UPE, such as low quality of education. This is demonstrated by low learning achievement. Literacy and numeracy proficiency at Primary 6 level are below average at 40.15% and 41.40% in 2013 respectively. Survival rate to Primary 7 stands at 32.1%, and repetition occurs at a rate of 10.19%.

176.The right to education can be affected by harmful socio-cultural factors such as early marriages and teenage pregnancies, all of which contribute to dropping out of school. The Education Strategy on Girl Child Education in Uganda (2014–2019), provides for the development of regulations on teenage pregnancy in schools and the retention of pregnant girls as well as the establishment of mechanisms for prevention of childhood pregnancies.

177.Whereas enrolment has improved, the retention of learners in school is less sure. Transition rates from primary to secondary school declined from 70.5% in 2014/15 to 63.2% in 2015/16. Declines are partly explained by fact that the current institutions can only absorb 50% of the eligible students in a given year.

178.Improvements were noted in the pupil-teacher ratio and declines in the pupil classroom ratio in the Primary sector. The pupil teacher ratio improved from 46:1 in 2014/15 to 43:1 in 2015/16.

D.Secondary education

179.In a bid to universalise secondary education and improve attendance for learners, as well as increase equitable access, government has partnered with the private sector. There are an estimated 4000 private secondary schools of which 879 are implementing Universal Secondary Education and benefitting from government subsidies. However, high costs involved by private education providers and poor quality of infrastructure, instructors and instructional materials result in low quality of education.

180.Under the Universal Secondary Education Programme, the Net Enrolment Rate decreased by 4% points from 26% (27% boys; 25% girls) in 2014/15 to 22% (23% boys; 21% girls) in 2015/16. Transition rates to Senior Five also declined by 5% points from 30% 2014/15 to 25.0 in 2015/16. The student classroom ratio declined from 50:1 2014/15 to 52.1 in 2015/16 while the student teacher ratio remained constant at 22:1 between 2014/15 and 2015/16.

E.Informal and tertiary education

181.The Uganda Post Primary Education and Training (UPPET) Policy is aimed at improving access to the first four years of post-primary education and to Business, Technical, Vocational Education and Training (BTVET). UPPET and USE have caused a reduction in post-primary dropout levels with transition rates from primary to secondary school increasing from 47% in financial year 2006/07 to financial year 73% in 2012/13. Technical/vocational education is expensive and requires soft and hard infrastructure that is additional to the regular infrastructure. Unfortunately, it is perceived by many communities as a poor second runner to academic training and hence does not receive the essential parental and community support. BTVET enrolment has increased from 21,763 in 2007 to 45,242 in 2016. Enrolment in primary teachers training colleges (PTC) has increased from 17,960 (2002) to 18,043 (2016).

182.The overall enrolment in Business, Technical and Vocational Education and Training (BTVET) increased by 16.2% from 111,479 students (Female: 48,012 and Male: 63,467) in 2014/15 to 129,599 (Female: 59,351 and Male 70,248) in 2015/16. There were 129,599 students enrolled in BTVET programmes in 2015/16. The male students continue to out‑number the female students in BTVET institutions. This is due to a number of factors including the current perceptions on male versus female labour-intensive roles.

F.Leisure and sports

183.Children in school exercise the right to leisure in their extra-curricular activities within school premises and school excursions. The Physical Education and Sports Policy encourages the undertaking of sports for health and wellbeing of the child. The Education Sector declared Physical Education and Sports a compulsory subject in primary and secondary schools in 2009. This has resulted in remarkably increased participation of both boys and girls in school in sports competition across the board, and up to, national level. During 2015/16, the Ministry of Education and sports facilitated the participation of Technical Institutions Games, 2,300 pupils and Special Needs Learners national ball games; and, secondary school ball games.

184.The Ministry also provided health care and recreation (sports and games) facilities for 3,592 students. Uganda has signed a Cooperation Agreement with International Association of Athletics Federation (IAAF), which led to standardization of primary schools’ sports competitions geared towards talent identification and provision of age appropriate sports activity.

185.The MGLSD and MoES facilitate through the local government’s music, dance and drama festivals at district and national level. Most government owned/run educational facilities have sufficient space for play and recreation. Outside educational institutions and the few designated play spaces in cities, there are hardly government owned and regulated facilities and spaces where children can enjoy such rights. Some schools lack playgrounds and sports grounds for children to play and interact.

G.Alternative education frameworks for disadvantaged children

186.Although there is no policy in place yet, Uganda is implementing Alternative Basic Education programs for disadvantaged (un-reached) children. These programmes include Complementary Opportunity for Primary Education program, Alternative Basic Education for Karamoja (ABEK), Basic Education for Urban Poverty Areas, Child-centered Alternative Non-formal Community Based Education; and ELSE.

187.Government continued implementing the Non-formal Training Programme to increase access and cater for learners that do not otherwise qualify for the formal BTVET training and education. In 2014/15, government disbursed capitation grants amounting to Uganda shillings 2.5 billion for training and Assessment of the beneficiary trainees under the programme. In 2013/14, 27,749 children (Boys 13, 659; Girls 14,090) were supported in 289 Non-Formal Education Centres, the majority of whom were from the Alternative Basic Education Programme in Karamoja sub-region. Government also trained 1500 instructors in 6 Primary teachers’ colleges on non-formal education methodologies, to improve teaching and learning.

188.The Accelerated Learning Programme innovation by Save the Children International Uganda is designed to bring back to school children that dropped out and support them to complete primary education or transit into mainstream schools. It uses a condensed curriculum derived from the current national primary school curriculum and targets children and youth whose formal schooling has been interrupted the programme pays special attention to unaccompanied children and those under foster care.

189.Learners who complete the Accelerated Learning Programme level 3 may sit for Primary Leaving Exams and either join secondary education or vocational Courses. Most Accelerated Learning programmes have met or exceeded either met the targeted number of school children, including gender parity in the composition of learns. The programme has benefitted children who would otherwise fail to access education in the formal learning system. 1702 children in the Rwenzori and Northern region have utilised this programme and 2168 children in the Congolese refugee settlements in Western Uganda and the South Sudanese Refugee Settlements in West Nile Region.

H.Refugee, island and migratory children

190.According to the UNHCR data portal for Uganda, we had 1,442,886 refugees in Uganda by April 2018, 1,239,912 by March 2019 and 1,423,377 by March 2020. As of December 2019, 60% (over 834,000) of all registered refugees were children. The number of children-at-risk within the refugee population is disproportionally high with over 53,000 children considered to be at risk including some 39,000 unaccompanied and separated children.

191.A considerable number of children have been separated from parents or relatives prior, during or after flight leaving them at a heightened risk been conducive to a very progressive refugee framework, including for refugee children, which is very well integrated into national action plans and the national development agenda. 

192.Uganda’s progressive of violence, abuse and neglect as well as lack of access to services such as health and education.

193.The Refugee Act (2006) and the refugee policy enables refugees to have freedom of movement, the right to work and establish a business, and access to services such as health care and education and lead meaningful lives. Refugees who decide to live in a settlement are given a plot of land and can access all services provided including livelihood opportunities.

194.There is a concerted effort by Government and Partners to screen all refugee children that enter Uganda through official border points for purposes of enabling access to medical services, nutrition, immunisation and psychological trauma (including involvement in conflict). The Government strives to meet the most urgent needs especially medical and psychosocial support.

195.Following the New York Declaration in 2016 and subsequent establishment of the Global Compact on Refugees, the Government of Uganda launched the Comprehensive Refugee Response Framework (CRRF) in March 2017, with the objective to ease pressure on host communities and enhance self-reliance of refugees by shifting from short-term humanitarian assistance to a longer-term development intervention. With the government firmly in the lead, UNHCR continues to catalyze action amongst numerous stakeholders in Uganda to move toward a sustainable and comprehensive refugee response, including new investments from development actors and the private sector. Ministries, Departments and Agencies are increasingly including refugees into their plans, programs and projects.

196.The National Child Policy 2020 provides for four broad rights of children in Uganda including refugee children: survival, development, protection and participation.

197.The successes notwithstanding, child protection concerns amongst the refugee community are high. Specific prevention and response strategies need to be developed to ensure access to basic rights. Refugee and asylum-seeking children have a complex set of specific needs that have to be addressed not only with specialized responses, but also through a systematic application of a child-focused lens.

I.Children belonging to indigenous and minority groups

Follow-up information relating to paragraph 82 of the concluding observations

198.Children of indigenous and minority groups have limited access to schools and other social amenities mostly due to their geographical location but also because of higher levels of poverty than are registered in larger groups. These categories children are affected by lack of instructional materials and personnel in their mother tongues. Minorities living in remote areas face challenges in accessing early child education since it is private sector led and investments are urban based for the most part.

199.The MoES has set a goal to ensure that by 2015 all children, particularly girls, children in difficult circumstances and those belonging to ethnic minorities, have access to and complete, free and compulsory primary education of good quality. To that end, the Ministry is providing non-formal education with partners in some of the regions like Karamoja, but this is limited in scope rather than a comprehensive educational programme.

J.Education on human rights and civic education

200.The National Action Plan for Formal Human Rights Education in Uganda 2016–2021 frames the major objectives and targets of human rights education in Uganda. Uganda has incorporated the teaching of rights to children in the curriculum for primary and secondary schools. Awareness on human rights is conveyed mostly through mass media and campaigns sponsored and implemented by Uganda Human Rights Commission through its Bazaar system and civil society organisations and local government leaders.

201.The Uganda Human Rights Commission is engaging the youth in secondary schools through facilitating the formation on of Human Rights Peace Clubs and building the capacity of the already existing ones.

202.Through sensitisation and education on human rights by the UHRC, media and Government, there has been a notable increase in human rights awareness in Uganda, there however remains a number of Ugandans who do not know what Human Rights are.

X.Special protection measures

A.Refugee children and asylum seekers in Uganda

Follow-up information relating to paragraph 60 of the concluding observations

203.Uganda has been commended for its open and welcoming refugee policy. Under this, refugee children and asylum seekers are entitled to the same rights, and to access government services such as health and education on an equal basis with other children.

204.The Refugee Act of 2006 allows for a conducive environment for refugees to integrate and lead meaningful lives while in Uganda Identification documents for children and unaccompanied minors are issued in accordance with the principles applicable to a recognised refugee.

205.Uganda is now Africa’s leading refugee-hosting country, having jumped from the eighth largest refugee-hosting country in the world in mid-2016 to the third largest today.

206.Government and partners support the humanitarian efforts in helping refugees settle while integrating them within Ugandan communities receiving the same services.

207.The government has initiated a concerted resource mobilisation drive, together with international development agencies and NGOs, including for early childhood and primary school sites.

B.Children in street situations

Follow-up information relating to paragraph 72 of the concluding observations

208.The government acknowledges the hardships faced by Uganda’s street children, especially in the capital city, Kampala. The numbers of street children may be due to orphanhood and the exploitative habit of trafficking children internally. Due to poverty and difficulty of life in the arid northeast in the region of Karamoja, many children leave in search of better opportunities in the south and end up on the streets of Kampala. Some of them are trafficked by unscrupulous people to beg on the streets. The total numbers of street children in the country are not known but they are estimated at more than 10,000.

209.In order to address the root causes of the street children problem, the OVC Policy prioritises care and support, child protection, education, health, food security and nutrition, psychosocial support, socio-economic security, conflict resolution and peace building. These interventions constitute the Essential Services Package for orphans and other vulnerable children. This policy is supplemented by the recently formulated Alternative Care Framework.

210.Kampala Capital City Authority (KCCA) and the Probation and Social Welfare Department are responsible for the welfare of street children in Kampala, and local government councils across the country are responsible for street children in their jurisdictions.

211.In order to rehabilitate and resettle street children, KCCA set up a Transit Centre at Nsumba. The National Street Children Strategy has enabled KCCA to have dialogue with districts to repatriate, rehabilitate and reintegration these children back into their societies.

212.Research conducted in 1993 established that there were approximately 4,000 Street Children in Uganda. Since then, the situation has worsened with numbers close to 10,000 by 2006/2007 and between 15,000–20,000 in 2017 (RETRAK Uganda report certified by UBOS & MGLSD).

213.Most children on the street beg for money, hence this is looked at as an economic undertaking by adults who use children to beg. This has become a lucrative business involving varied beneficiaries where children are exploited, abused and possibly trafficked.

214.It is against this background that the MGLSD and concerned Local Governments together with Development Partners and CSOs developed a multi-sectoral Street Children Strategy in FY 2007/8 with focus on Karamoja since many children and women who were moving out of the region by then were resorting to street begging as major source of livelihood. It emphasised withdraw of street children and their families from the streets, to re-integrate/resettle them in their home of origin.

215.In 2018, Cabinet approved the MGLSD revised Street Children Action plan and Parliament approved a supplementary budget of Shs 3.4 billion (FY 2018/19) to fund efforts of re-integration. While in 2019, Cabinet established an Inter-Ministerial Task Force on Street Children to oversee street children’s interventions in the country with multisectoral membership at national and sub-national levels. Over years, the number of Street Children withdrawn, rehabilitated and resettled over years is as follows: 1,000 (FY2019/20;796 (FY2018/19); 2,223 (FY2017/18); 3,456 (2016/17) and 3,445 in FY2015/16.

C.Child labour

Follow-up information relating to paragraph 74 of the concluding observations

216.The Government of Uganda’s commitment to the elimination of child labour has been through the ratification of the International Labour Organisation (ILO) Conventions on the Minimum Age Convention, 1973 (No. 138), Convention, 1999 According to the Uganda National Household Survey (UNHS) 2016/2017, a total of about 2,048,000 children out of the 14,984,929 aged 5–17 were engaged in some form of child labour, which constituted 14 % of all children nationally. The worst forms of child labour manifest in the commercial agriculture (tobacco, rice, tea and sugar plantations), the informal sector, hotels, bars, commercial sex, child trafficking, construction industry, fishing, stone and sand quarrying.

217. (No. 182) on elimination of the Worst Forms of Child Labour, and the United Nations (UN) Convention on the Rights of the Child.

218.These emphasize freedom from child labour as a human right and the elimination of child labour as a universal and fundamental value. They have further been domesticated by enactment of laws, policies, regulations, guidelines, the Vision 2040, National Development Plan (NDP) II and III, The National Action Plan for Elimination of Child Labour, the Employment Act (2006) and the Children (Amendment) Act (2016), the Sector Plans, Programmes and projects that address the problem of child labour directly or indirectly.

219.The National Labour Force Survey (NLFS) 2016/17 showed that six out of every ten (60 %) children aged 6–17 years attended school exclusively, while another one quarter (24 %) combined working and attending school at the same time. About one in every ten children aged 6 to 17-years were neither involved in economic activities nor at school. The general proportion of children combining school with work activities reduced (from 33 percent to 24 percent) while the proportion exclusively at school increased (from 56 percent to 60 percent).

220.The Uganda National Action Plan (NAP) for the Elimination of Child Labour 2017/2018-2021/2022 provides a framework for the prevention, withdrawal, rehabilitation and integration of children from child labour. The NAP 2017/18-2021/22 builds on the achievements and challenges registered during the implementation of NAP 2012/13-2016/17. The goal of the National Action Plan (NAP) 2017/2018-2021/2022 is to reduce the incidence of all forms of Child Labour in households, communities and all sectors in Uganda.

221.In 2012, the MGLSD had 36 non-specialized labour inspectors and 23 occupational health and safety inspectors and conducted 300 routine work inspections. 61 Cases of child labour were investigated, 18 prosecuted and 2 trials were initiated. Training of labour officers and law enforcement agents is ongoing although insufficient to cover every district.

222.The prevention of child labour calls for all stakeholders’ participation in addressing socio-economic issues at the household, community, and sector levels, that act as the drivers for child labour. It also calls for mainstreaming child labour issues into the design and implementation of policies, laws, regulations, guidelines, programmes and projects. Efforts are in place to ensure all the districts appoint Labour Officers in accordance with Employment Act, 2006 in order to strengthen enforcement of the relevant provisions of the law.

D.Children in armed conflict and child abduction

223.Uganda ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC) in 2002. Its principles are reiterated in the Children’s Act (2016), the Uganda People’s Defence Forces (UPDF) Act (2005) and Employment Act (2006).

224.Since the end of the Lord’s Resistance Army (LRA) insurgency in Uganda in 2006, there is no in-country recruitment or involvement of children in Uganda in hostilities. This includes terrorist activities. With the defeat of the Lord’s Resistance Army (LRA) and the Allied Democratic Forces there is a reduction in active rebel groups and militias in the country, and hence in the recruitment of children as child soldiers. Various NGOs are offering rehabilitation and reintegration services for former child soldiers and abductees of the LRA through psychosocial support. However, many former child abductees and soldiers are having great difficulty with re-integrating into the community, especially women and children.

225.The UPDF has actively taken steps, in partnership with actors like the Uganda Human Rights Commission, UNICEF and Save the Children, to integrate the Optional Protocol in training of UPDF staff and in operationalising its principles in the way the military handles children. These principles also guide operations in peacekeeping missions. The UPDF has developed a Child Protection Curriculum and Toolkit since 2008 for training officers.

226.There is an Action plan in place since 2006 for the prevention, removal and integration of any child soldiers found in UPDF. UPDF since May 2011 has had in place Standard Operating Procedures for Reception and Handover of children rescued from the Lord’s Resistance Army. Under the Standard Operating Procedures, children in the care of UPDF are provided food, shelter, medical care and protection from violence, abuse and neglect until they are handed over to civilian authorities under the auspices of UNICEF, UN or humanitarian agencies.

227.The Children Act Cap 59 (as amended) 2016 sets the minimum age of employment at 16, which is below the UPDF minimum age of 18 years. In the past, underage recruitment into armed forces in the absence of a system to verify age was a challenge to the Government. Even then the UPDF required a birth certificate as well as age verification from Local Councils and doctors. Currently, national identification cards are compulsory for recruitment.

228.The UPDF has a Directorate of Human Rights, which equips its officers with knowledge on child protection and child rights for children in and affected by conflict. These cover Security Council Resolutions and legal instruments in armed conflict. ‘Through the project, ‘Strengthening Child Protection in African Union Peace Support Operations in East and West Africa’, Save the Children has developed a training curriculum on child protection with the aim of operationalizing it within the African Standby Force. This process will see the peace supports operations personnel undergo a standardized and mandatory pre‑deployment training. The UPDF is participating in this training and it is hoped that the content will be incorporated into its military training curriculum.

229.About 35,000 abducted children worked as sex slaves, spies, child soldiers, cooks or porters. Most children abducted by the LRA and used in direct and indirect conflict have since returned. Some children are still in the custody of the LRA and others have been born to ex combatants and other captives who continue to return to Uganda. The UPDF Child Protection Unit was set up to receive these children and is still active in receiving the returning children. The Unit screens, demobilises and debriefs them before handing them over to civilian organisations. These organisations make efforts towards further rehabilitation including family tracing and reunification; medical, financial, counselling and psychosocial support; and impartation of basic skills in order to facilitate their survival and re-integration into the community. However, funding for organisations providing rehabilitation and assistance has reduced over the years.

230.The Amnesty Commission registered and assisted over 5,677 children that were involved in the Northern Uganda Conflict and government has dropped charges against children who were abducted by rebel forces. The continuing trial of Dominic Ongwen, who was abducted at the age of 13 on his way to school then climbed the ranks up to commander level, at the International Criminal Court for crimes committed as a part of LRA is symbolic. It presents Ugandan and the international community legal and ethical challenges on the rights of children who are abducted as children, forced into active violence and then tried as adults for actions they did not volunteer for.

231.Since the end of the Lord’s Resistance Army (LRA) insurgency in Uganda in 2006, there is neither in-country recruitment nor involvement of children in hostilities or terrorist attacks in the Country. Various NGOs are offering rehabilitation and reintegration services for former child soldiers and abductees of the LRA through psychosocial support.

E.Specialised Justice for Children Systems

Follow-up information relating to paragraph 66 of the concluding observations

232.Uganda has a specialised Justice system with specialised units in the Judiciary (Family and Children Courts), the Directorate of Public Prosecutions and the Child and Family Protection Unit of the Police. Local government councils at the primary level are in charge of child protection.

233.The Justice, Law and Order Sector (JLOS) Third Strategic Investment Plan 2012/13‑2016/17 prioritised the rights of children in the justice system and took note of current gaps in child friendly justice administration and approaches, especially failure to emphasise restorative justice. The JLOS Sector Strategic Development Plan 2017–2021 reinforces the best practices achieved in previous programme implementation.

234.The Justice for Children program that operates in all the judicial regional districts was created to provide a unified, system-based response to children in the justice system. The JLOS Strategic Development Plan 2017–2021 emphasises the need to strengthen systems that will child friendly services, effective child justice duty bearers and institutions and to ensure the speedy disposal of child related cases at all levels of the justice chain.

235.There is a Justice for Children Steering Committee to strengthen oversight, planning and implementation amongst the various institutions in the sector. A crucial part of the programme is Justice for Children Coordinators who work with the law enforcement agencies to protect children entering the formal justice system as victims, witnesses or children whose acts are in conflict with the law.

236.The Children (Amendment) Act 2016 provides for children to access justice through the Criminal and Civil Justice Systems, whether as witnesses, victims or in conflict with the law. The Children (Amendment) Act 2016, Section 89 provides that the minimum age of criminal responsibility shall be 12 years.

237.The Act also provides for state-funded legal aid to be availed to children who are charged with capital offences. Different institutions have instituted other measures to support the child-friendly environment. Between 2015–2020, MGLS constructed two new Remand Homes (Arua and Kabale) with a capacity of 80 juveniles, three Remand Homes with a capacity of 80 (Moroto, Masindi and Gulu) are under construction, renovated and equipped three Remand Homes (Fort-Portal Remand, Mbale Remand, Naguru), Kampiringisa National Rehabilitation Centre and Naguru Reception Centre to provide appropriate accommodation for children in conflict with the law and those in need of care and protection.

238.A total of 2,502 children (443 females and 2,059 males) from Remand Homes, Kampiringisa National Rehabilitation Centre and Naguru Reception Centre were resettled in their respective communities in FY 2018/19 compared to 2,229 children resettled in FY 2017/18 (JLOS FY 2018/19 Annual report). They comprised of children granted non‑custodial sentences or acquitted, rehabilitated children, children at risk of violation, abandoned children, and lost and found children. The resettlements were conducted by the Probation Officers (POs) and Officers in Charge (OC) of the Police Child and Family Protection Units (CFPUs).

239.The Office of the Director of Public Prosecution (ODPP) has created a child-friendly space in its facilities as part of its efforts to improve the response to the needs of children who are witnesses or victims of crime and reduce the trauma of the judicial process. It is expected that these facilities will be created throughout the Country.

240.In 2010, the Government established the Justice Centres Uganda (JCUs), which are housed within the Judiciary. Justice Centres Uganda are a one stop-shop legal aid clinic that seeks to bridge the gap between the supply and demand -sides of justice particularly for indigent and vulnerable persons.

241.The Law Development Centre and Justice Centres Uganda continue to emphasize diversion of children from the Justice system, whenever possible. With the reinstatement of the Local Councils at the village and parish levels, this will be further strengthened. The national diversion rate was 76.3% compared to the baseline of 75%v and the 2021 target of 80% (JLOS, FY 2017/18 report). This was as a result of the capacity building of Justice, Law and Order (JLOS) institutions, especially Uganda Police Force (UPF) and the support of the J4C coordinators) in the 13 JLOS regions by 2017.

242.According to JLOS FY 2017/18 Annual report, a total of 790 custodial and 1,664 non‑custodial sentences were issued out of 2,454 juveniles sentenced. This was due to the continued sensitization, advocacy and engagement with stakeholders on child rights. All regions in the country had more juveniles receiving non-custodial sentences as opposed to custodial sentences except for Gulu where 76 juveniles received custodial sentences and 47 received non-custodial sentences, Moroto where 34 juveniles received custodial sentences and 25 received non-custodial sentences.

243.The approval and launch of the Children Diversion Guidelines for Police Officers, 2019 was a boost to access justice to children in contact with the law. The Guidelines are aimed at supporting the Uganda Police Force to protect and preserve the rights of children by ensuring that juveniles are diverted from the formal justice system.

F.Children in conflict with the law

Follow-up information relating to paragraph 80 of the concluding observations

244.The Government of Uganda is committed to ensuring that children in conflict with the law are diverted away from the criminal justice system as much as possible. To this end the Diversion Guidelines and Regulations are underway to guide Police, Prosecutors, Probation and Social Welfare Officers and Judicial Officers on promoting diversion and using counselling, mediation, and apology for children who commit minor crimes. The guidelines provide that children can be diverted at any stage of criminal proceedings.

245.The Justice for Children Programme, pursuant to the Children Act, mobilised Fit Persons in the community to play a specialised support role for children in conflict or contact with the justice system, working with the police, courts and probation officers as well as children and community members. The fit persons are community-based volunteers deployed by Government and NGOs that work with probation officers to protect children in detention or at arrest stage, children at risk or in need of shelter and reintegration and rehabilitation in the community. The JLOS Diversion Guidelines further clarify the role of the Fit Persons as child advocates who can play a role in counselling children and guiding them through the criminal justice process.

246.All these child friendly approaches have resulted in positive results for justice for children. Statistics from the JLOS Annual Report 2015/16 indicated that there were 1779 children in conflict with the law in 2014 compared to 1,797 in 2015/16. The JLOS Annual Report of 2015/16 noted that the number of children arrested per 100,000 child population reduced to 8.4 compared to 9.4 for every 100,000-child population in 2014/15.

247.Furthermore, an 84.1% diversion rate of children in conflict with the law from formal judicial proceedings was registered. However, there is still a high remand population of children on remand per 100,000 standing at 2.07 for every 100,000-child population compared to the target of 01 child per 100,000 child population.

248.The National Court Census of 2015 revealed that there is a backlog of over 10,000 children’s cases in the courts, which results in justice being delayed for the children who are victims or rehabilitation for those in conflict with the law. The Case Backlog Reduction Committee of the Judiciary has set targets from March 2017 for cases regarding children in conflict with the law or child victims or breast-feeding mothers to be cause listed first.

249.The 2015 Situation Analysis Report from UNICEF showed that significant attempts have been made to reduce the amount of time juveniles spend in detention before sentencing, which has decreased from five to three months on average, while the number of children in conflict with the law who have been rehabilitated after release has increased.

G.Child-friendly court proceedings

Follow-up information relating to paragraph 78 of the concluding observations

250.The J4C Programme provided strategic technical and logistical support to Magistrates and Resident State Attorneys. This has raised the awareness of law enforcement agencies on children’s rights and increased the use of child-friendly practices such as prioritising or fast‑tracking children’s cases and hearing children’s matters in chambers. This has been strengthened by the development of a Manual for Prosecutors promoting the handling of child-related cases, whether as victim, witness or the defendant, in a gender-sensitive and child friendly manner. The Judiciary has developed a Manual for Judicial officers with a view to promoting child friendly approaches in the Judiciary, in keeping with the best interests of the child.

251.A major challenge in the prosecution of sexual violence cases involving children has been the fear or reprisal by child victims or witnesses. The Judiciary has established video links in all High Court circuits so that children do not have to give testimony in the intimidating atmosphere of open court.

252.Nonetheless, there are challenges relating to child justice in Uganda. The public in many instances do not view diversion favourably and in some instances, children have to be protected from further communal backlash. This mind set is reiterated in some isolated cases of law enforcers, resulting in children not being diverted from formal justice systems. Furthermore, not all law enforcers are conversant with the concept of restorative justice and diversion. JLOS is undertaking sustained intensive training efforts at national and regional level to re-orient attitudes and raise awareness on child justice in keeping with international standards.

H.Children in remand homes

253.The target for JLOS is to greatly reduce the number of children in detention by promoting diversion. Nonetheless, efforts have been made to improve justice for children by the establishment of remand homes. These have been established in each region of the country and serve as holding places for children who have committed capital offences). However, remand homes face challenges of overcrowding and are only found at regional level, making it hard for children to commute to court.

254.Remand Homes have an open-door policy and parents and relatives can visit at any time. However, children suspected of offences face strong stigma, even from their families, who feel a sense of shame at the situation and often do not visit. The alternative care framework focuses on strengthening families and communities, with emphasis on educating parents and protecting vulnerable children, including those who come into conflict with the law.

255.The Kampiringisa National Rehabilitation Centre hosts children who commit capital offences. The centre faces a number of challenges due to inadequate finances for food, bedding, equipment and human resource capacity. It houses a large number of children often in excess of its capacity. On a limited budget, efforts are made to rehabilitate children by equipping them with BTVET skills. Some of the vocational skills are offered off-site at Bbiira Polytechnic Institute, Masulita Polytechnic Institute in Wakiso district and the Uganda Children Centre in Munyonyo (Kampala) that provide services. In addition, there are recreational activities involving music, drama, and sports and entertainment from television broadcasting, as some NGOs have kindly donated TVs to the centre.

I.Legal aid for children

256.The Children Act Cap 59 provides for state funded legal aid to be availed to children who are charged with committing capital offences. Section 16 of the Children Act provides that children appearing before the Family and Children Court have a right to legal representation.

257.The government in 2010 established the Justice Centres Uganda (JCUs), which are housed within the Judiciary. JCUs are a one stop-shop legal aid clinic that seeks to bridge the gap between the supply and demand sides of justice for indigent and vulnerable persons particularly. The services of JCUs cut across civil and criminal areas of justice and include legal advice, court representation, Alternative Dispute Resolution (ADR), counselling and psychosocial support, referral and follow up with other relevant institutions, legal and human rights awareness creation and advocacy on the legal aid policy framework. JCUs also host a toll-free phone line to receive and handle cases.

258.At present, the major constraint faced by JCU is lack of funds, which means their services are limited to only a few centres country-wide – only 6. However, the draft National Legal Aid Bill and Legal Aid Policy are set to improve the situation of funding, implementation and management of legal aid for vulnerable groups in Uganda.