The human rights dimensions of refugee status determination procedures in Uganda: a critical analysis of the right of asylum seekers to a fair hearing

Abstract

Refugee Status Determination (RSD) has a central role in the protection of persons who are forced to flee their home countries owing to persecution. The identification of genuine applicants involves making decisions which may have life saving implications. Granting refugee status to genuine applicants promotes the right to life which is the most important aspect of human rights. On the other hand, wrong decisions during refugee status determination have the risk of exposing asylum seekers’ life into a great danger. The dissertation discusses the relationship between international and regional human rights law and municipal law relating to the rights of refugees in Uganda, with particular emphasis to the right to a fair hearing during the Refugee Status Determination process. It analysis various relevant international human rights and refugee law provisions, national refugee legislations, and challenges related to the application of human rights principles during RSD process in the light of both previous and current practices. The study concludes that much as Ugandan refugee law framework has shown dynamic progress in the recent years, there are a number of limitations that, unless measures are taken now at the early stage, can negatively affect the overall progressive nature of the new Refugees Act 2006.