Assessing the implementation of the rights of refugees in Uganda: a case study of Somali Refugees in Kisenyi, Kampala District, Uganda

Abstract

The rights of refugees and basic human rights are closely intertwined. Today's human rights abuses can lead to tomorrow's refugee movements. This study aimed at investigating the implementation of refugee rights in Uganda, a case study of Somali refugees in Kisenyi, Kampala district, Uganda. The study objectives were; i) to identify Human rights of Somali refugees, ii) to assess human rights violation of Somali refugees in Uganda, iii) to establish the perpetrators of human rights violation of Somali refugees, iv) to examine legal framework governing refugee rights under the Uganda’s legal system, v) to examine the role of the State in the protection of human rights of Somali refugees. The study followed a descriptive qualitative methodology to collect data from 40 respondents using FGD and 6 respondents using key informant interviews. The study found refugees have rights to the right to free education, free medical services, freedom of movement and travel documents, liberty and security, employment, shelter, a fair hearing in the courts of law, movable and immovable property, freedom of speech, ownership of property, transfer assets, expulsion, and the right to impose penalties. The human rights violations of Somali refugees include; insecurities, threats from their country of origin, discrimination, limited freedom of movement, speech, freedom to own property, poor or no education, inadequate or no medical services, inadequate food, and inadequate accommodation. The perpetrators of human rights violations of refugees are; police, government through OPM, host community, people from refugees' countries of origin, World Food Program, Interaid Uganda Limited, and UNHCR officials. The legal framework governing refugee rights under the Uganda legal system include; Uganda Refugee Act 2006, the Uganda Constitution 1995, Uganda Police Act 1994, the Children’s Act cap59 and UN Refugee Convention 1951. The state (Uganda) through the Office of the Prime Minister, has a prime responsibility and duty to protect, promote, and implement all human rights and fundamental freedoms, inter alia, by adopting such steps as may be necessary to create all conditions necessary in the social, economic, political, and other fields, as well as the legal guarantees required. It is concluded that with the help of the state the refugee rights are recognised in the Uganda’s legal system but not implemented as the law requires since various right violations have been reported. It was therefore recommended that the government of Uganda sanctions refugees and persons of authority on refugee rights to enforce their knowledge and understanding