COMMITTEE ON RIGHTS OF CHILD EXAMINES REPORT OF UGANDA
The Committee on the Rights of the Child today reviewed the second periodic report of Uganda on how that country is implementing the provisions of the Convention on the Rights of the Child.
In opening remarks to the Committee, Zoe Bakoko Bakoru, Minister of Gender, Labour and Social Development of Uganda, said the Ugandan Government put a lot of focus on the plight of children and had a child statute, enacted in 1996, as well as the Children’s Act of 2000. The Government, together with UNICEF, had been implementing a birth and death registration programme which provided data on how many children were out of school, how many families were without access to information, when a minor was abused, and many other new advantages and information.
Committee Experts, including the Country Rapporteurs, raised various questions and issues. Several Experts spoke of the conflict in the north of the country, inquiring why all was not being done to bring an end to the almost 20-year-old conflict, which really stood in the way of progress for the rights of the child. Data collection was also an issue of interest to Experts, who asked how this was done, noting that there appeared to be difficulties with regards to pinpointing problems. HIV/AIDS was also an issue of importance, with a range of questions being asked, including the role of abstinence in prevention programmes, and foreign pressure with regards to generic medicine.
In preliminary concluding remarks, Committee Expert Lucy Smith, who served as co-Rapporteur for the report of Uganda, said it had been a very lively and fruitful dialogue, and the Committee now had a clearer understanding of the situation of children in Uganda. There was also a better understanding of the conflict in northern Uganda and what the Government was doing with regard to peace efforts, and that it was thinking ahead to the end of the conflict. The optimism of the Minister was heartening, but the Committee remained concerned for the children both in northern Uganda and in the internally displaced person camps. There were other concerns, mostly the result of the lack of resources in the country, but it was clear that Uganda was doing a lot of good work and there had been great progress in education, juvenile justice, and other issues.
The Committee will release its formal, written concluding observations and recommendations on the report of Uganda towards the end of its three-week session which will conclude on 30 September.
The delegation of Uganda consisted of representatives of the Ministry of Gender, Labour and Social Development, the Ministry of Justice and Constitutional Affairs, the Ministry of Finance, Planning and Economic Development, and the Ministry of Defence.
As one of the 192 States parties to the Convention, Uganda is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes on Friday, 16 September at 10 a.m., it will hold a day of General Discussion on "children without parental care".
Report of Uganda
The second periodic report of Uganda (CRC/C/65/Add.33) states that Uganda has been submitting its reports as a signatory and party to the Convention on the Rights of the Child since 1997. Uganda is committed to ensuring that all its children enjoy their rights as enshrined in the Convention. This commitment is exemplified by the measures that have been taken at the country level. The Constitution of Uganda guarantees children the right to education, medical treatment, care and protection and other social economic benefits. In addition, after the 1990 World Summit for Children, the country’s unwavering political commitment was translated into action. The Uganda National Programme of Action for Children was developed and launched in 1993. This programme provides a framework for all actors to protect the rights of children in the areas of child survival, development, protection and participation. The Children Statute (1996), which is a child-friendly law, operationalizes the Constitution and reinforces the programme.
This report presents actions that have been taken by the Government of Uganda on the implementation of the Convention, based on the guidelines and recommendations made by the Committee on the Rights of the Child on the country’s initial report and its addendum. Specifically, the report presents policy initiatives and child-friendly legislation that have been enacted, the programmes that have been implemented as well as special protection measures that target children in difficult circumstances.
The enabling policy environment has added impetus to the implementation of the Convention. The efforts of civil society organizations, development partners and non-governmental organizations have contributed greatly to this. The Government of Uganda is committed to continuing its efforts to address the issues that affect the survival, development, protection and participation of children. In future, in order to protect and promote the rights of the child, the main areas of concern for the Government will include improvement in primary health care, universal access to safe water, prevention and mitigation of HIV/AIDS, and provision of quality education to all children. To achieve this, the Government will continue to pursue the policy of poverty eradication and promotion of good governance, which form the basis for protection, promotion and fulfilment of the rights of children.
Presentation of Report
Zoe Bakoko Bakoru, Minister of Gender, Labour and Social Development of Uganda, said the Ugandan Government put a lot of focus on the plight of children and had a child statute, enacted in 1996, as well as the Children’s Act of 2000. The Government, together with UNICEF, had been implementing a birth and death registration programme which gave data on how many children were out of school, how many families were without access to information, when a minor was abused, and many other new advantages and information.
The Government had embraced universal primary education, with a significant increase in the number of children enrolled in just over two years. The new challenge was children who dropped out of school, in particular when it was a girl child. There was a community dialogue programme which ensured that the community would have a say in development programmes, including children. There was also a programme to address that part of the population that was orphaned, often by HIV/AIDS, but a lot of resources were required.
Questions by Experts
Awa N’Deye Ouedraogo, the Committee Expert serving as Rapporteur for the report of Uganda, said with regard to the implementation of the Convention, there was a need to present the context, notably that Uganda was a poor country with a poor growth rate. Uganda had been accepted by debt relief initiatives. Considerable efforts were being made to reduce and alleviate poverty, and positive results had been gained. HIV/AIDS was widespread in the country, but thanks to programmes the prevalent rate had been reduced from 18 per cent to 6 per cent. The north of the country had been under rebel control for a number of years, which had had a negative effect on the rights of the child. The armed conflict situation stood in the way of the implementation of the Convention, and there were also traditional attitudes that had a bearing on the rights of the child.
The report respected the directives of the Committee, and showed the problems and concerns regarding children, referring to the previous recommendations of the Committee, and the very important challenges that needed to be met by the country. With regard to the recommendations, it could be noted that important efforts had been made to implement them, however, not all had been followed up, such as recording of births, allocation of resources to work done by children, child soldiers, child refugees, and juvenile justice. The Committee would come back to these points, Ms. Ouedraogo said, asking what was the current situation with regards to the north of the country, and whether there were negotiations and the chances of putting an end to this almost 20-year-old conflict, which really stood in the way of progress for the rights of the child.
Coordination also appeared to be a problem, Ms. Ouedraogo said, noting that each Ministry appeared to be formulating policies alone. The National Plan of Action was the biggest programme covering the rights of the child, but it was not complete and should be reviewed. Awareness was insufficient for authorities in the districts with regard to children’s rights. Health and education were taken into account, but not many other rights and issues linked to children, including their participation, were observed. The establishment of the National Commission on Human Rights was welcomed, and information on how this body functioned was required, as was whether it was independent, in conformity to the Paris Principles. With regard to civil rights and freedoms, there was also concern for the use of corporal punishment in the country at many levels.
LUCY SMITH, the Committee Expert serving as Co-Rapporteur for the report of Uganda, said the State party report was well written and self-critical, and the procedure for its preparation was excellent. It was clear that Uganda knew what had to be done, and had begun, but the problem was how to proceed to implementation. Uganda was known for its effective fight of HIV/AIDS, its fight for poverty reduction, and for its child soldiers. Friends of Uganda were now afraid that the first two reasons for its fame were slipping somewhat. It was surprising that maximum efforts were not made to end the conflict in the north of the country. Was this because the Government did not see the direct results of the conflict on children, or was it because they saw it as a hopeless task, she asked, hoping that it would be denied that it was not due to a lack of political will.
Ms. Smith also asked for a guarantee from the Government that there were no child soldiers in the Ugandan army, and whether there were measures to ensure that those recruited were at least 18 years of age. Further, she asked what measures could be implemented to protect the night commuters so that they would not have to commute. There has been a substantial increase of resources in various areas including good governance and improving the life of the poor. However, general economic growth had not yet had a measurable effect on social life and on children in particular, and she inquired why this was the case. Was corruption a problem in allocating resources to the appropriate departments, she asked, noting that a significant part of the education budget was funded by external bodies. Children’s participation rights were also an issue of concern. Regarding the new Anti-Terrorism Bill, there was a need for further information.
The issues of children in northern Uganda and children night commuters were also raised by several Experts, who asked what the Government was doing to protect the children and to bring about a change in the situation. Another issue of concern to several of the Experts was the issue of child participation in decision-making, as this did not seem to be a common or even extraordinary practice. Children had a right to participate, an Expert said, and should be included in the board of the New National Authority.
Data collection was also an issue of interest to several Experts, who asked how this was done, noting that there appeared to be problems with regards to disabled children and other sub-groups of the child population. One Expert in particular asked if there was a system of birth registration going on in refugee camps, as this appeared to be an opportunity to fully measure this population.
Other issues raised by Experts included HIV/AIDS and whether there was foreign pressure to limit access to generic drugs in this respect, and if so, what was the position of Uganda; whether there was discrimination against boys with regards to age in situations of consensual sexual activity; the status of the girl child and what were the achievements that had been made in changing this discrimination with regards to wide-ranging discrimination including early marriage and education; whether there was a problem with regards to female genital mutilation; and whether there was discrimination in favour of abstinence with regards to HIV/AIDS programmes.
Response by Delegation
Responding, the delegation said up until and continuing past independence, Uganda had gone through mass violations of human rights. However, in 1986, with the new Government, a Commission had been set up to find a way to reconcile Ugandans with the past, and it had recommended the establishment of a permanent Human Rights Commission which would investigate and bring to account all those who had violated human rights. It was now one of the principal organs for upholding, promoting and protecting human rights, including the rights of the child. It was an independent body, and it had functions and powers included in the Constitution of the country, guided by the Paris Principles, and had, among other things, the aim of educating the population with regards to their human rights and their rights and obligations as a free people.
There was also an Ombudsman for human rights, the delegation said, and a National Council for Children which worked in concert with the Human Rights Commission, and was responsible to see that the rights of the child were respected in the country. Corporal punishment in schools had been reported to the National Council, and steps had been taken. The Council was being reformed in order to give it more responsibilities and capacities.
The new registration of births gave the advantage of providing a proof of age in, for example, the case of prosecution for sexual abuse, the delegation said. The reporting system was not yet very effective, but the Government worked with civil society and grass roots organizations to promote registration in order to empower communities and children.
The delegation said northern Uganda had been a pain, both for the people and the Government of Uganda. Work was being carried out to support children in the area with NGOs and civil society. Children in some areas experienced relative peace, and could go to school and were protected, but the northern area remained problematic, mainly as the leader of the rebel group had crazy ideas and believed he was a god. Work was being done to ensure that negotiations could be held, as the leader was not somebody who could just be talked to. The leader used the children and women of the area as a shield, and many times when the Government recovered these people and put them in centres in Uganda, horrendous stories were told. The Government found the situation very difficult.
With UNICEF, WHO and UNFPA, the Government had examined the situation of northern Uganda with regards to HIV/AIDS, the delegation said. The situation there was not normal, but a Fund covered the area, so that the inhabitants could have the means of improving their lives. The situation in the area was not hopeless, and a new plan was being developed to tackle the area and its specificities.
Experts then asked further questions on various topics including on the person whom the Government was using to attempt to enter into negotiations with the rebels; and whether there was a policy for internally displaced persons. The delegation responded to these briefly.
On the education of girl children, the delegation said that Uganda had almost achieved the Millennium Development Goals. The full and free primary education programme had benefited girl children in particular. The Constitution also provided for affirmative action to promote the girl child. Female genital cutting was a silent death. The issue was not raised a lot, but Uganda was handling the issue with UNDP with a programme of mobilisation aimed at changing the mindset of the old women who did the cutting, and giving them an alternative source of income.
The girl child was now becoming more and more the person who represented a form of social security to the family, and with this more and more parents were realising the advantages of educating their girl children, the delegation said. When girls were educated, they delayed marriage. A second way of delaying marriage was the Birth and Death Registration Programme, as this had deliberately advocated the health benefits for women of not becoming pregnant young. There was still a lot of teenage pregnancy, but not so much early marriage.
Good governance had been developed over the last 20 years in order to improve living standards for the entire population. A child labour programme, in concert with ILO, was also being implemented, but the critical issue was the resources allocated.
Questions by Experts
In a second round of questions, Experts asked about various topics, including, in the context of schools, whether it was not time to change the focus from the quantity of schools to improving the quality of the curriculum. In this context, an Expert asked whether children’s rights were taught in schools, and if not, how were they made aware of their rights. The issue of the high levels of dropping-out was also raised, and an Expert noted that it was mostly girl children and the disabled who dropped out, and asked if the delegation could confirm the impression given by the report that education was not entirely free.
A series of questions also focused on health issues, including what support was given to families suffering under the burden of HIV/AIDS, including AIDS orphans, and what was the outcome and challenges remaining to be faced with regards to female genital mutilation. An Expert noted the disparities between the regions with regard to access to health services, and asked what was being done to remedy this situation. An Expert also warned that the new policy of abstinence would not contribute towards perpetuating the positive trend of reducing HIV/AIDS cases.
Other questions covered various issues including what was done with regards to sexual abuse in the family; whether the Government was aware of reports of the practice of sacrificing children; whether the initial report with regards to the Optional Protocol on children in armed conflict, which had been ratified by the State party, was going to be submitted; issues related to the administration of juvenile justice; and what was being done with regard to disabled children who apparently faced discrimination within the family.
An Expert also commended Uganda’s principles and practices with regards to refugees.
Response by Delegation
Responding to the questions posed, the delegation said that the recommendations of the Committee had not all been implemented. The international community was not involved in the peace process, but peace efforts were underway, and there were Government officials on the Committee for Peace. Peace-keepers were not in the area of northern Uganda because it was currently a conflict that Uganda believed could be managed at home. What currently needed to be managed was the social aspect, namely the poverty resulting from the conflict. Resources were needed to remedy the socio-economic impact of the war.
With regards to corporal punishment in schools, prisons and the family, as far as the Government was concerned, this was illegal, the delegation said. The issue concerned culture and attitudes which needed to be changed. People believed that the promotion of the rights of the child was causing problems which were in fact due to other issues. Parents were lobbying the Government to the effect that the abolition of corporal punishment caused problems with the discipline of children and were asking for it to be re-established. Civic education was required so that people understood the co-relation between child rights and responsibilities.
The issue of child soldiers was not a big problem. Some of those who had returned had been reintegrated into school, but there were problems with regards to the lack of birth certificates to prove the ages of volunteers for the army. This problem would be addressed as the community developed in a more educated way. The army could not protect the night commuters as there were restrictions on the size of the army, however these children were protected to a certain extent.
Experts asked further questions with regard to recruitment and birth registration, to which the delegation responded briefly. An Expert also asked for a commitment that should Uganda as a Government not be able to resolve the conflict, that it would ask for international help. Another Expert asked whether Uganda had any plans to indict the leader of the rebel group. The delegation responded that the Government was committed to protecting children, and in 18 years had not asked for help because the problem had not been of the same magnitude over the whole period; also, it had not been a continuous conflict.
The penalty for child defilement was hanging, the delegation said, but very few cases were reported, although there had been an information programme on the topic. With regard to the promotion of the use of condoms, there was a need to take into account different cultures within Uganda, and therefore abstinence and faithfulness were also promoted as options with regards to the HIV/AIDS epidemic. Experts pointed out that in this context it was important to abolish polygamy, and to emphasise a change of sexual attitudes in education. HIV/AIDS had been going down amongst the young, and it was older people who had difficulty in changing their attitudes.
With regards to family structure, the delegation said that there were some child-headed families, but children were often left to the care of grandmothers. There were institutions for children, including orphanages. The culture of transmission of children to other family members was becoming burdensome, as these children were left without resources and became a burden on those who often already had limited income.
Child sacrifice was a problem in one area of Uganda, and those who perpetrated this crime were reported and prosecuted. With regards to the Optional Protocol, the report was being written and would be submitted. The Refugee Bill was pending in the legislation. With regards to child labour, the report said there were 2.7 million children who worked. What was critical, the delegation said, was to get children out of hazardous labour situations, and there was a programme to this effect. Issues concerning children with disabilities were mainstreamed throughout legislation, in part because there were a number of Members of Parliament who were disabled themselves and who ensured this.
Street children belonged to two categories: officially destitute families, and those who were beggars. Work was being done with NGOs to reverse this latter phenomenon. Drug abuse was on the rise, and the problem was being studied; there was a need for a media programme to educate people on the dangers.
Questions by Experts
Experts asked further questions on various topics, including that of juvenile justice. An Expert asked for more details, in particular with regard to the functioning of juvenile courts and how magistrates were appointed. Whether there was the possibility of applying community service orders to guilty juveniles was also a topic of interest. To whom did a child report when he or she had been subjected to violence, one Expert asked, and another requested figures on babies living with their mothers in detention, and what measures were applied to these children.
Other topics covered by this round of questions included education and enrolment, what was done with child soldiers, and what measures were applied to exclude children under 18 from the army and militias.
Response by Delegation
Responding to the questions on education, the delegation said a programme had recently been launched to mobilise community leaders to convince parents to send their children to school. There had been an increase in the number of girl children sent to school since 1997, and there were increasing incentives for girls, their families and schools to increase enrolment. Equity, positive attitudes and equal treatment towards girls were encouraged in the classroom in both teachers and students.
On juvenile justice, the delegation said juvenile courts were established by the Children Act to cover both civil and criminal cases affecting children who were involved in various roles and were under the age of 18 years. Only children between 12 and 18 appeared before the courts - those below the age of 12 were not considered criminally responsible for any act, and were not tried or arrested, and there were no sanctions against such children, but they could still be handled under the Act under supervision or care orders.
Juvenile courts handled all cases involving children except for those where the death penalty was implicated, and cases where crimes had been committed in concert with adults. There were other alternatives to taking children to courts, including formal caution by the police. The Family and Children Courts were manned by magistrates. There was a National Criminal Justice Committee which had made changes to the procedures of juvenile courts. On pre-trial detention, the law prescribed the period over which each step of a child’s case should be handled. A child could not be remanded for more than three months in ordinary cases, or for six months for capital cases. Legal aid was provided to children. Community service was not generally used as an alternative to custodial sentencing.
A desk had been set up to deal with children who had been rescued from the rebel forces, and they were looked after in concert with Save the Children (Uganda) and by child protection units. Children helped the army to find other abducted children, and even indicated mined areas so that the army could clear them. The abductees underwent psychological support, and their families were located in order for them to be reintegrated into society. The children were also clothed and fed, and given income-generating tools to allow them to begin a new productive life. Government input was constant, and NGOs provided support. For those who did not wish to reintegrate in their communities, the Government had secured a large chunk of land on which they could live and form their own agricultural projects.
Preliminary Concluding Observations
LUCY SMITH, the Committee Expert serving as co-Rapporteur for the report of Uganda, said she wished to thank the delegation for providing answers to most of the questions. It had been a very lively and fruitful dialogue, and the Committee now had a clearer understanding of the situation of children in Uganda, and was glad that the country had a strong Minister to take care of children’s issues. There was also a better understanding of the conflict in northern Uganda and what the Government was doing with regard to peace efforts, and that it was thinking ahead to the end of the conflict. The optimism of the Minister was heartening, but the Committee remained concerned for the children both in northern Uganda and in the internally displaced person camps. There was also concern for the HIV/AIDS situation, but the Committee was impressed by the good work that had been done in this field.
There were other concerns, mostly the result of the lack of resources in the country, but it was clear that Uganda was doing much good work and there had been great progress in education, juvenile justice, and other issues. There were good plans in many areas, and in many ways, Ms. Smith said she was impressed by the way in which the issues were being handled, and hoped that this would continue, maybe with more resources being dedicated to education in order to improve the quality now that the quantity was at a better rate.
For use of the information media; not an official record
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