Immigration laws and the protection of asylum seekers’ rights in Uganda: A Critique.
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Date
2019-04
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School of law
Abstract
The focus of this study was on the Domestic Laws and the Promotion and Protection of
the Rights of Asylum Seekers with a special attention on the Immigration Laws of
Uganda. The Study was guided by three research questions: What legal criteria are used
in determining refugees in Uganda? What rights, do refugees enjoy while in Uganda?
What role does the immigration Directorate play in promoting refugee rights? Using a
doctrinal method which essentially relies on secondary sources, the researcher studied
UNHCR Global Reports, international refugee instruments, regional instruments and
Ugandan legislations on immigration laws and refugee rights. Asylum seekers were
found to enjoy equal treatment to that given to aliens legally in the country. Secondly, an
applicant for refugee status is required to write a formal application for refugee status to
the Refugee Eligibility Committee (REC) within ninety (90) days after the date of his / her
entry. REC is enjoined to consider the application within 90 days from the date of the
receipt of the application. Whichever decision the REC makes in the application, the
commissioner for refugees is enjoined to inform the applicant in writing of the decision
within 90 days from the date of the decision. In case of a rejection, the applicant is
informed of the reasons of rejection. Where an applicant is aggrieved with the decision of
the REC, he / she has the right of appeal to the Appeals Board within 30 days from the
date of receipt of the notice of the decision of the REC. The Appeals Board may confirm
the decision of the REC, set aside the decision of the REC and refer the matter back to
the REC for reconsideration and decision, order a re-hearing of the application or
dismiss the appeal. The decision of the Appeals Board is final. Lastly, the study found
that whereas the asylum seekers are aliens, they are a special category of aliens whose
entry, residence and control is provided for in another Act, the Refugee Act, 2006. Thus
in the Control of immigration and of aliens generally, the Uganda Citizenship and
Immigration Control Act ought to be read and enforced in cross-reference with the
Refugee Act. In conclusion, the researcher found out that Uganda has taken huge steps
forward towards the acceptable rules of best practice in handling asylum seekers and
refugees. In order to adequately improve management of matters of asylum seekers in
Uganda, the researcher recommends that the Refugee Act 2006 be translated into several
vernacular languages and widely circulated and disseminated.
Description
A dissertation submitted to the college of higher degrees and research in partial fulfillment of the requirements for the award of the Degree of Master of Laws (public international law) of Kampala International University Kampala
Keywords
Immigration laws, Protection, Asylum seekers’, Rights, A Critique.