UGANDA PARLIAMENT PASSES CHILDREN ACT

After waiting for 12 years (2004 to 2016), the children of Uganda finally made a big win on the floor of the 9th Parliament. On March 2nd 2016, the Parliament of Uganda, presided over by the Speaker, Hon. Rebecca Kadaga, passed the long awaited Children Act Amendment Bill 2015. This is a key milestone and demonstrates that despite the shrinking of the Civil Society Organisations (CSOs) space in Uganda, CSOs can still advocate and put pressure on the Government, achieving results at scale for children.

For the last 12 years, the children of Uganda have had no clear law protecting them. Children's rights which were being violated, as such, included being trafficked out of the country under the guise of legal guardianship and subsequently ending up in unprecedented adoption. Children were also ‘institutionalised’ in child care institutions (Baby and Children Homes) under the guise of care and protection, and issues regarding them were not effectively coordinated or monitored by the Government.

Key amended clauses that were fronted by child rights CSOs:

The law strengthens the institutional mechanism for the promotion of the rights of children through the establishment of the Uganda National Children’s Authority (UNCA). The Authority will be mandated to manage, monitor and coordinate the implementation of all child-related policies and laws, creating inter-sectoral coordination and management of matters related to inter-country and domestic adoption of children.

The law streamlines the provisions of Guardianship, Adoption and Inter-country adoption. The law provides legal guardianship to be granted strictly to Ugandan nationals and repeals legal guardianship for foreigners. Legal guardianship has been used as a conduit for trafficking of children outside the country, leading to an unprecedented increase in inter-country adoption.

The ammendement reduces the amount of time required for fostering before adoption from 36 to 12 months. This minimizes the circumvention of adoption provisions in favour of legal gaurdianship. This period will allow for the central authority and probation officer to assess and supervise the foster order of an adoptive parent and make appropriate recomendations in the best interests of the child to be upheld. The law DOES NOT bar foreigners from adopting Ugandan children but ensures better gatekeeping.

All child care institutions will be approved by the Minister for Gender, Labour and Social Development after careful assessment and ascertaining that the institution meets all requirements as stipulated by the Government

The protection of children from all forms of violence, proposing that corporal punishment is outlawed in all settings including schools, homes and the community. The law introduces the provision of services to children in care and protection and having access to a confidential reporting mechanism – the national child helpline.

Uganda is in the process of ratifying the Hague Convention on Inter-country Adoption, which will further streamline adoption among countries, as well as Optional Protocol 3 on Communications Procedures that will ensure effective reporting of children’s issues to the UN.

These and several other legal reforms reinforce the right of all children to be realised in an environment that is free from violence, abuse and exploitation regardless of their background, race, tribe or colour.

By Margaret Atimango

Child Rights Governance and Protection Specialist

Save the Children.

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