GULU UNIVERSITY
STUDENT’S NAME: OLUK GERALD ALBERT.
REG NO: 19/U/1225/GBL/PS.
QUALIFICATION: BACHELOR'S DEGREE IN LAW.
TITLE: THE PROTECTION OF THE RIGHTS OF UNACCOMPANIED MINORS IN
UGANDA.
SUPERVISOR’S NAME: DR HOPE AMONG.
1
1.0 DECLARATION.
2
1.2 SUPERVISOR’S APPROVAL PAGE.
3
1.3 ABSTRACT.
4
1.4 DEDICATION.
5
1.5 ACKNOWLEDGMENT.
6
1.6 TABLE OF CONTENT.
7
1.7 INTRODUCTION
First and foremost, it should be noted that unaccompanied minors are persons under the age of
18 years without parental or legal guidance to care for them.1 In light of the above, such minors
may have also lacked relative protection and were left on their own to face the hurdle of the
world.
It’s worth noting that unaccompanied minors or children are in various circumstances such as
separated children, orphans, and refugees in another country. Unaccompanied minors mainly are
without the legal basic elements to advocate for their basic human rights since they are without
guardians' help or legal help. These minors need legal representation, accommodation, food, and
many basic needs.
According to UNICEF’s statistics, out of 33,000 children that arrived in Europe through the
Mediterranean routes in 2017, an estimated 20,000 were unaccompanied and separated children.
In addition, the number of unaccompanied minors fleeing the countries of Central America has
increased by 1,200 percent between 2011 and 2014.42
Statistically, it’s being calculated that about 39% of the total unaccompanied immigrant to
Greece are children of which 81% are boys and 9% are girls and 29% of them are from the age
of 0-4 while 70% of them are boys. In Italy, of the total population of the immigrants, 19% are
children with boys being more than the girls in the percentage of 95% and 5% respectively.3
Given the above, it also stated that about 1.5 million are born refugees in Uganda. It should be
noted that hosting unaccompanied minors in African states has also been on the rise due to
internal conflicts. According to UNHCR, Ethiopia has had the largest number of unaccompanied
children up to about 41,000, followed by Kenya with 10,700, and Cameroon with 9,000
unaccompanied minors.4
1
See https://migrationresearch.com/taxonomies/topics-migration-processes-migration-forms-unaccompanied-
minors#:~:text=Unaccompanied%20minors%20are%20foreign%20nationals,cared%20for%20by%20an%20adult.
Accessed on 25th April 2023.
2
IMO’s 2018 Annual Report.
3
https://www.unhcr.org/refugee-statistics
Accessed on 25th April 25, 2023.
4
https://www.unhcr.org/hk/en/unaccompanied-children
Accessed on 25th April 25, 2023.
8
In Uganda, in early March 2022, unaccompanied minors were stipulated to be around 57% of the
total separated and refugees.5 In January 2020, a reporter for Aljazeera Portia Crowe reported
that Uganda host the greatest number of unaccompanied minors in the world about 41,000 in
2018 comprised mainly of minors less than 15 years of age and of which 3,000 above are less
than 5 years.6
1.8 BACKGROUND.
An unaccompanied minor is a person under the legal age of 18 without a legal or parental
guardian to provide physical care and support and legal representation.
First and foremost, it should be noted that the notion of unaccompanied minors long existed in
the early centuries although to a minimal level as companies today.
Much as there was a serious influx of unaccompanied minors, refugees, and street kids in the
olden days, it was much of significance not until the late 19th century. By the early 1920s and
30s, the atmosphere of political protection and asylum wasn’t strong enough to provide the
necessary protection needed since it was caused by religious and racial intolerance. This
inhuman treatment led to several unaccompanied minors especially refugees to be relocated or
deported to various states of origin where the administrative structure and legality was still in a
mess.
It should be noted that political changes in the early centuries greatly led to the high emergence
of unaccompanied minors today due to the development of powerful new governments with the
need to oppress minor unconformities.
The Bolshevik Revolution of 1917 and its post-revolutionary civil turmoil brought about the
exile of about 1.5 million citizens who were communists. A margin of about 1 million also fled
Turkey and many more Spanish fled to France in the Spanish civil war of 1936-39. Many more
civil wars and revolutions occurred that led to a huge influx of unaccompanied minors, such as
5
See, Uganda Refugee Response Plan (RRP) 2022-2023, Child Protection Dashboard - Quarter 1, January - March
2022
6
https://www.aljazeera.com/features/2020/1/6/no-time-to-play-childhood-in-ugandas-biggest-refugee-
settlement
Accessed on 25th April 25, 2023.
9
the 1950 war in Korea, the 1956 revolution in Hungary, the 1959 revolution in Cuba, and many
more, it was stated that about 3.7 million people from West Germany took refuge in East
Germany when the Berlin wall was constructed in the year 1945-65.7
According to Diana Villiers Negroponte, in her article ‘The Surge in Unaccompanied Children
from Central America: A Humanitarian Crisis at Our Border’ around 47,000 children who cross
the Texan border are prone to cause a serious challenge to the US laws since they do so
illegality8 and this cause a lot of problems in terms of housing and providing social basic needs
such as medication, food shelter and medication to medication but a few.
It should be noted that the high number of missing children in Africa has been alarming for a
while now and about 25,000 children as been reported missing across the African continent
which represents 40% of the missing children as per the ICRC report.9
Due to the high poverty living by most African citizens, several various ways have been
employed by children especially unaccompanied minors to find a means of survival.10and the
lack of parental care and legal custody, most of these unaccompanied minors resort to crimes for
survival.11
At the Sudan border, it was noted that the smugglers mainly depend on unaccompanied minors to
aid work for them in looting people’s items and property.12
A lumpsum of unaccompanied minors are prone to be trafficked for labor exploitation, sexual
activities, and criminal actions13.
7
https://www.britannica.com/topic/refugee
Accessed on 25th April 2023.
8
https://www.brookings.edu/blog/up-front/2014/07/02/the-surge-in-unaccompanied-children-from-central-
america-a-humanitarian-crisis-at-our-border/
Accessed on 26th April 26, 2023.
9
https://www.africanews.com/2022/08/30/more-than-25000-minors-still-missing-in-africa-icrc//
Accessed on 26th April 26, 2023.
10
See, Child Protection Risks and Needs in
Mozambique.
11
See, The Invisible Street Children of Mogadishu, by
Mohamed Sheikh Nor, Last Updated: February 18, 2019 2:34 AM.
12
See, Ruthless smugglers prey on unaccompanied minors on Sudan border By Karen Ringuette
20 September 2010.
13
See, https://eucpn.org/document/unaccompaniedminors#:~:text=Unaccompanied%20minors%20run%20a
%20significantly,labour%20exploitation%2C%20or%20criminal%20exploitation.
Accessed on 26th April 26, 2023.
10
the UNHCR report, states that more than 100 children separated from their families in Sudan are
in Uganda and their number is alarming urgent attention14 and makes Uganda a home of more
than 890,000 Sudanese refugees.15
On 30th, June 2020, it was registered that about 840,000 refugees are in Uganda of which 55,040
are minors that are in urgent need of special protection and 14,056 are those that are at risk. 16
1.9 STATEMENT OF THE PROBLEM.
Unaccompanied minors face a lot of various human rights violations regarding political, social,
cultural, and economic protection which is still a major issue.17
1.10 PURPOSE OF THE STUDY.
To gain access to Uganda's protection of unaccompanied children or refugees' rights.
1.11 OBJECTIVES.
To identify the various problems faced by unaccompanied minors in Uganda.
To critique the protection measure used by the government on protecting kids without legal
rights in Uganda.
To recommend the government other possible mechanisms for the protection of unaccompanied
minors in Uganda.
1.12 RESEARCH QUESTIONS.
What are the problems faced by unaccompanied minors in Uganda?
What are the possible remedies or mechanisms used to resolve these problems?
What are the laws on the protection of unaccompanied minors?
14
Robert Baryamwesiga, the OPM refugee settlement commandant at Bidibidi refugee settlement.
15
See, Unaccompanied minors now at 9,000, a New vison article by Andrew Masinde May 19, 2017.
16
See, Uganda Refugee Response Plan (RRP) 2020-2021, Child Protection Dashboard - Quarter 2, January - June
2020.
17
Beasts of burden: Unaccompanied refugee children biting more than they can swallow by Francis Okot Oyat Published on
13th September 2017.
11
1.13 SIGNIFICANCE OF THE STUDY.
This study is of importance with the view of identifying the whelming problems faced by
unaccompanied minors and provides a possible mechanism that can be used besides the previous
by the government of Uganda.
This study is also of great importance to create awareness among the general public on the rights
of unaccompanied minors in Uganda.
The study is of merit since it will help preserve unaccompanied children’s rights and provide a
great understanding of the rights of unaccompanied minors.
With this study, laws on unaccompanied mirrors shall be upheld of great value and strength.
1.14 JUSTIFICATION OF THE STUDY.
This study shall enable the authorities concerned to acknowledge the salient problems faced by
unaccompanied minors and how best they can be resolved.
With this study, the criminal aspect concerning unaccompanied minors will be on a reduced
scale since the government and other agencies would be in check and support to preserve and
protect their rights as a way of avoiding many anti-social behaviors caused by unaccompanied
minors.
This study will be beneficial in a way that the unnecessary havoc and loitering of the street
children shall be regulated since the government would have taken imitative based on this study
to provide foster homes and parents to the children.
This study is relevant since it provides a wider understanding of the various rights and laws
regarding the protection of unaccompanied minors in Uganda.
1.15 THEORETICAL FRAMEWORK.
States are with a responsibility to make sure that, to the greatest extent possible, children in
conflict with the law benefit from reorientation and options, in the context of which it is essential
for there to be international cooperation.18
18
Child Rights and International Legal Framework.
12
Child Rights Convention, (1989) is a major law on the rights of children and unaccompanied
minors. In light of the above, a child has a right not to be protected from things or activities that
are dangerous to their health, education, or upbringing.19
In addition to the above, Minimum Standards for the Administration of Juvenile Justice (‘Beijing
Rules’) (1985) provides for states to act in conformity with the general interest of a juvenile and
their wellbeing.20
Vienna Guidelines (1997) provide that a child is a person under the age of eighteen years.21 And
a child treated with dignity when accused.22 Other laws on the rights of a child include the UN
Guidelines for the Protection of Children Deprived of Liberty (‘JDLs’ or ‘Havana Rules’)
(1990), Afro-American Child Welfare and Rights Charter (ACRWC) (1990), and ICCPR.s to
mention but a few.
In Rahimi v Greece,23 a 15-year-old boy was detained on the island of Lesbos and released 2
days after but wasn’t attended to in terms of accommodation and it was held that such acts
violated Article 3 of the Child’s Right Convention.
1.16 SCOPE OF THE STUDY.
Concerning Geographical scope, Ugandan understanding of the rights of unaccompanied minors
is key and shall be in line with the Ugandan context.
The subject scope of the study will be the rights and protection of unaccompanied minors in
Uganda and the measures through which they have been regulated in conjunction with the
various laws regarding the rights of unaccompanied minors.
1.17 HYPOTHESIS.
It’s prudent to acknowledge that the overwhelming problems and challenges faced by
unaccompanied minors in Uganda are basically due to lacunas in the laws and governmental
measures to address these challenges.
https://sites.unicef.org/tdad/index_56373.html accessed on 20th, November 20, 2022.
19
Article 32 on the Convention of The Rights of A child.
20
Fundamental prospective 1.1.
21
Article 1.
22
Article 40(1).
23
Application No. 8687/08.
13
1.18 DEFINITION OF TERMS.
The key words in this study are minor which is a person younger than eighteen years and be
under a guardian’s care,24 unaccompanied minor, which is a child without a legal guardian,25
refugees which are refugees from war, cruelty, struggle, or abuse who have traveled across
international borders in search of safety in another country.26 And finally, protection means the
state of safeguarding something.27
1.19 LITERATURE REVIEW.
It should be noted that the need to protect the rights of unaccompanied minors is globally an
issue. As lawful researcher Jaqueline Bhabha (2008: 2) contends, a child “can never assent to an
exploitative movement encouraged by intermediaries but at the same time, the illegal and
autonomous nearness of an unaccompanied child powers forces them to.28 Are unaccompanied
children being helpless in a way that creates an ethical commitment that supplements universal
law?29 Much of the open approach is based on the thought that unaccompanied minors relocate as
it were since they are constrained due to clashes. In a persuasive article, lawful researcher
Jacqueline Bhabha contends that isolated and stateless children are regularly denied numerous
essential human rights due to their nature of being foreigners.30 Whereas the unaccompanied
minors require and merit assurance and help, distinguishing proof endeavors ought to not be
restricted moreover centers intrigued with foreign-born trafficked people or minors. 31 In law,
children’s challenges in line with their welfare are vital,32 Article 3(1)33, Article 3(1)34, Article
24
Legal Information Institute. https://www.law.cornell.edu/wex/minor
Accessed on 20th November 2022.
25
See, Unaccompanied minors now at 9,000,New Vision Report on May 19, 2017 by Andrew Masinde.
https://www.newvision.co.ug/new_vision/news/1453617/unaccompanied-minors
accessed on 20th November, 2022.
26
See, what is a refugee? https://www.unhcr.org/what-is-a-refugee.html
Accessed on 20th,November 2022.
27
See, Oxford Dictionary. https://www.oxfordlearnersdictionaries.com/definition/american_english/protection
Accessed on 20th November 2022.
28
Migrant Youth, Transnational Families, and the State: Care and Contested interest by Lauren Heidbrink at 52.
29
Reconceptualizing Unaccompanied Child Asylum Seekers and the Law by Jennifer L. Whelan.
30
See, The SAGE Encyclopedia of Children and Childhood Studies by Daniel Thomas Cook at 1906.
31
See, Trafficked Children and Youth in the United States: Reimagining Survivors by Elzbieta M. Gozdziak at 80.
32
Article 34 of the constitution.
33
The Children’s Act
34
United Nations Convention on the Rights of the child.
14
4(1)35. Courts that have ruled in favor of this stance have said that in all matters involving
minors, the most excellent interface of the child is the essential thought36,37
According to Simone Troller, Afghan children in Iran 10 years always fight hard to survive and
support their families. Many have engaged in hazardous work at sites and rampant chronic
diseases have been an issue since they start work at an early age.38
The International Journal of Refugee Law39 asserts that unaccompanied minors are due to
circumstances such as victims of trafficking, migrant children, victims of armed conflicts, and
internally displaced persons. It also asserts that while dealing with unaccompanied children, care
should be considered and this is in line with the ‘right’s-based approach’.
An article based on the rights of unaccompanied minors and young children and young in the UK
provides that legal representation to unaccompanied minors is a right under Article 31(1) and this
should be done by either a legal guardian or an organization in charge.
1.20 METHODOLOGY.
In this research study, the doctrinal method was the major mechanism used while obtaining the
various data/information. This included journals, newspaper articles, views of scholars about the
topic at hand, and reports from various organizations and authorities such as UNCHR reports to
mention but a few.
The data and information concerning the topic will be collected through reading and
understanding various information from the various documents, laws, policies, and scholar’s
ideas to mention but a few. Most of the work will base itself on the various laws that govern
child protection such as the rights of the Child’s Convention, (1989), the children’s Charter
(ACRWC) (1990) inclusive of the Children’s Act to mention but a few.
35
African Constitution on the Rights and the Welfare of the Child.
36
see the case of Check Siduda Trevor (a newborn child) Family Cause No. 213 of 2014 and the case of Deborah
Joyce Alitubeera Respectful Offer No. 70 of 2011
37
IN RE Trevor Mugumu (Child) (Family Cause 68 of 2019), position of the law at para 1.
38
See, systematic Failure to Protect Unaccompanied Migrant Children in Greece at pg. 11.
39
Vol 19, issue 4 on December 2007.
15
This method of data collection is best because one gets the understand the opinion of various
scholars, laws, and policies in regards to the topic and hand. It’s also cheap and less tiresome
since work or information can be got in one confined place, i.e., a library hence avoiding
movements to inquire information from other places or people as in the case of qualitative
methodology.
1.21 LIMITATIONS OF THE RESEARCH.
The research is limited to the protection of the rights of unaccompanied minors basing on
doctrinal methods. This may pose a weakness since the current emerging information could have
not been captured yet by various scholars hence I might have not considered all the relevant
information concerning the subject scope.
16
