The plight of refugees in Uganda

By Jolly Tony Mukooyo

For people who are threatened and unable to receive protection in their own countries, the UN Convention Relating to the Status of Refugees of 1951 with its additional protocol of 1967 is an essential international safety net.

The Convention and the Additional Protocol define who is to be considered a refugee and aim to provide protection for persons subjected to gross human rights violations.

Article 1. A (2) of the Convention spells out that a refugee is someone who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to, or owing to such fear, is unwilling to avail himself of the protection of that country."

The provisions of the convention have been domesticated in our legal framework as reflected in the Refugees Act, 2006 which creates obligations for respect and protection of the rights of refugees.

According to the UNHCR 2012 refugee statistics report, the number of refugees and people in refugee like situations in Uganda then was 197,877; media reports of 2014 reported that the number of refugees in Uganda had increased to 317,000 according to a statement attributed to Hon. Musa Ecweru, the State Minister for Relief, Disaster preparedness and Refugees. Of course with the insecurity in Burundi, restlessness in the DRC, the political volatility in the South Sudan and other countries neighboring Uganda, such a number is very probable and may continue to rise.
 
The civil war that broke out in South Sudan was a major factor that led to the influx, explaining the hike. Destinations such as the Central African Republic are also engulfed in war, leaving Uganda, Kenya, Tanzania and Ethiopia among a few others as the best option for survival.

The living conditions in refugee camps are however deplorable especially due to the number of residents in refugee camps; which is way beyond capacity. Uganda Red cross Society has reported conditions of inadequate pit latrines leading to poor sanitation as well as water shortages in camps such as Nyumaizi transit camp and of course inadequate food rations/varieties leading to malnutrition especially for the children.

The big question is, “do these refugees finally manage to escape the suffering that sent them packing out of their countries?”  Obviously the living conditions for refugees in Uganda are not the best; although the different actors, state and non state try to play a big role in giving a hand. World Food Program provides food to the refugees in the camps and Refuge Law Project carries out advocacy, research, legal aid, and training in respect of refugees.

Much as all this is done, refugees are still faced with challenges some of which still put their lives at risk. Their rights as refugees are violated and they have less or minimal options for legal redress.

There are a number of challenges that come with one being a refugee in a low developed country like Uganda and these range from security concerns; some women are raped, mobility is a challenge as some refugees are restricted from moving freely in the host countries, and the fact that they do not receive psycho social support yet most of them have witnessed their loved ones, family members and friends being killed - an experience that takes a toll on the life of a person of which without psycho social support, that person may never recover to lead a normal life again, which relegates them to a life time of trauma.

Access to justice in light of the violations of refugee rights is equally a challenge largely because of lack of knowledge and understanding of their rights as refugees, limited access to legal aid services including information,  language barrier and the fact that camps are usually situated long distances away from the courts coupled with restrictions in movement.

In recommendation therefore, we implore the state to provide post trauma services aimed at enabling refugees come to terms with their status. Educational needs should also be addressed because there is no certainty as to when they will be able to go home and resume a normal life, so as to live meaningful and productive lives.

Where feasible; particular focus should be placed on ensuring that refugees (adults) access decent work such that they can provide for themselves as well as ably settle in the host communities and enjoy their right to own property thus contributing to national development. But also as a bare minimum, basic needs such as food and shelter should be adequately provided for and special attention paid to the sanitary needs of girls and women.

As we commemorate the World Refugee Day (June 20th), we need to pause and reflect on those issues that are exacerbating the refugee problem which are largely centred on bad governance and failure to adhere to the rule of law.

Uganda, as a State party to the Convention relating to the status of refugees, 1951, we must respect and protect the rights of refugees. Concerted efforts are required towards availing, advocating, and protecting the rights of refugees including ensuring their liberty, security, freedom of movement and the right to found a family among others. With those few thoughts, below is a reminder to us of our responsibilities related to Refugees;

"Refugee problems may often seem intractable but they are not insoluble. In our experience there are two basic prerequisites for solution: the political will of leaders to tackle the causes and to settle for peace, and international determination to push for peace and then to consolidate it.

Consolidating peace means helping societies emerging from war to reintegrate refugees in safety and dignity, to rebuild their institutions - including in the field of justice and human rights - and to resume their economic development." - Sadako Ogata, UN High Commissioner for Refugees, 1990-2000

The writer is a research and advocacy officer of the Legal Aid Service Providers’ Network