REFUGEE STATUS DETERMINATION

A Study of the Process in Uganda

 Copyright C Norwegian Refugee Council (NRC), 2018

Author: Alison Ryan

Contributors: Evelyn Aero
Fernando de Medina Rosales
Back cover: Refugee waiting to attend an individual assessment of their refugee status
Photographs: Winfred Kabatabaazi and Nashon Tado / NRC
Acknowledgements

Sincere appreciation and thanks go to NRC staff Evelyn Aero, Winfred Kabatabazi and Dominika
Arseniuk for their expert guidance, valuable input and ongoing support for the preparation of this
report. This report also greatly benefits from the keen insight and community mobilisation efforts of
NRC ICLA paralegals in Uganda: Lambert Kamathe Muhongya, Nabiirah Namagembe, Patricia
Akankunda, Christine Nakanjako, John Bahati Chegera, Abas Abdirahin Abdulkadir and Frederic
Biguru Kayabu.

Thanks, are also extended to NRC colleagues Enock Mambilli and Christopher Kaddu for their
support for the field research and Fernando de Medina Rosales for his expert advice and review.
.

Above all, gratitude is extended to the dozens of refugees and key experts from the Office of the Prime
Minister in Uganda who shared their personal experiences, knowledge and time for this study.

Disclaimer
The Norwegian Refugee Council (NRC) is an independent, international, humanitarian non-
governmental organisation which provides assistance, protection and contributes to durable
solutions for refugees and internally displaced people worldwide.

This document has been produced with the financial assistance of the EU Humanitarian and Civil
Protection department (ECHO), and the Norwegian Ministry of Foreign Affairs (NMFA).

The contents of this document are solely the responsibility of the Norwegian Refugee Council and
can under no circumstances be regarded as reflecting the position of ECHO or the NMFA.

Contact for report

Evelyn Aero
Regional ICLA Adviser
Email: Evelyn.Aero@nrc.no
Table of Contents

Executive Summary 4

Methodology and Limitations 5

The Legal Framework 5

The Refugee Status Determination Process 7

Summary of Refugee Status Determination for Prima Facie refugees 7

Summary of Refugee Status Determination for Non Prima Facie refugees 8

The Refugee Status Determination Process for Prima Facie refugees 9

The Refugee Status Determination Process for Non-Prima Facie refugees 10

Appeal to the Refugee Appeals Board 15

Appeal to the Courts 15

Re-settlement Procedures 21

Conclusions and Recommendations 22

Conclusions 22

Recommendations 23

Glossary of Documents 25
End Notes 28
Executive Summary seekers’ identity documents are only valid for an
Uganda’s refugee legal framework provides a initial three-month period and then renewed for
progressive framework for the protection of subsequent two-month periods, which can
refugees and processing of asylum seekers’ hamper access to education, employment and,
claims, setting a leading standard across Africa in Kampala, housing.
and the world. The law applies an expansive The access to the refugee status determination
definition of refugee status determination and processes is hampered by refugees’ widespread
entitlements for protection in Uganda. The rights reliance in urban areas on ‘brokers’ who finan-
afforded to refugees generally comply or exceed cially exploit asylum seekers and act as a paid
international standards, such as providing link to the system, promising access, faster and
access to plots of land, which is particularly better results. Greater knowledge of the processes
generous given the large numbers of refugees involved in seeking asylum especially in Kampala
and asylum seekers in Uganda. could empower refugees and reduce reliance on
brokers.
The rates of approval of refugee applications for
the majority of asylum seekers in Uganda, ‘According to the countrywide verification exercise
including those from Somalia, Democratic that started on 1st March 2018 and completed on
24th October 2018, the total population of
Republic of Congo (DRC) and Ethiopia are in line
asylum-seekers and refugees verified was
with or above global trends. Further Uganda 1,091,024 individuals. This represents 75.5% of the
grants prima facie refugee status, that is estimated target of 1.4 million registered persons. In
automatic recognition, for the million plus South Bidibidi, a total of 223,939 individuals were verified
since the exercise started on 4th April 2018 in the
Sudanese refugees. However the rates of five zones of the settlement. This represents 78% of
approval for people fleeing Eritrea are the initial target. The majority were nationals. In
significantly below most other countries receiving Kampala, a total of 47,485 individuals were verified
since the exercise started on 10th September for the
Eritrean asylum seekers.
urban population of asylum-seekers and refugees.
This represents 46% of the initial target, including a
The legal framework sets an ambitiously short wide variety of nationalities and a number of
time frame for the resolution of asylum protection cases that were addressed by UNHCR and
partners on the ground.’
applications both at first instance and appeal.
This is typically not being met and some cases (See OPM-UNHCR verification exercise update 24
are continuing for up to two years. Considering October 2018,
https://reliefweb.int/report/uganda/opm-unhcr-veri-
there is an outstanding asylum caseload of tens
fication-exercise-update-24-october-2018.
of thousands,1 and only one Refugee Eligibility
Committee (REC) for the country it would appear There appears to be only low level of knowledge by
difficult to operate under the legislated time asylum seekers about the proofs required to
frame. Long delays create uncertainty for asylum obtain refugee status and very few asylum seekers
seekers and exacerbate vulnerabilities. Asylum access legal advice prior to their interviews. This

4
has particular negative implications for asylum refugees and asylum seekers attending, includ-
seekers from countries such as Eritrea, Rwanda, ing 70 women. The consultant also reviewed
Burundi whose cases turn on examination of approximately 100 ICLA paralegal case files that
their individual claims and there are significant were based on individual interviews with
rejection rates. Further if an applicant is refused refugees and asylum seekers. It is noted as a
the reasons for the refusal are only provided in limitation that only one asylum seeker in a settle-
summary form, which limits the ability of the ment was interviewed. This was largely due to
asylum seeker to know the evidence against him the fact that there were very few asylum seekers
or her in order to respond to it, a key aspect of in settlements in the West Nile where NRC is
natural justice. currently operational.3 Outside the West Nile the
researcher visited Kyangwali settlement and
Refugees and asylum seekers who participated relied on discussions with actors working in
in the focus groups highlighted ongoing protection Nakivale settlement.
concerns and vulnerabilities for which they saw a
The Legal Framework
third country as their main solution. The right to
The Ugandan Refugee Act 2006 provides an
re-settlement as a durable solution remains
expansive definition of those who are eligible for
elusive and a frustrating process for many
refugee status, encompassing not only those
refugees who have high expectations of access
who are determined to be refugees pursuant to
to this option. Only a small percentage of
the International Refugees Convention4, as well
refugees in of those in need of protection,
as those who are granted protection under the
estimated at about 86,000, with only a small
broader categories in the Organisation of African
proportion, about 5000, being able to attain
Union Convention Governing the Specific
re-settlement.2
Aspects of Refugee Problems in Africa5 (OAU
Convention) and those fearing harm based on
Methodology and Limitations
gender discrimination. Therefore, in Uganda an
The aim of the research is to document the
asylum seeker will be granted refugee status if
current processes involved in refugee status
they fulfil any one of the following criteria:
determination in Uganda. The consultant
conducted a desk review, analysis of Uganda A person who is outside their country of
laws and regulations and 22 key stakeholder nationality or former habitual residence
interviews with government, United Nations (UN) has a well-founded fear of being persecuted
and International/ non-governmental organisations for reasons of race, religion, nationality,
(I/NGOs) in October and November 2017. With membership of a particular social group or
the assistance of Norwegian Refugee Council political opinion;6
(NRC) Information, Counselling and Legal
Assistance (ICLA) staff the NRC consultant conducted
six focus group discussions with a total of 134

5
 A person who is outside their country of
origin owing to external aggression, occupation,
foreign domination or events seriously
disturbing public order in either a part or the Table of Acronyms
whole of his or her country of origin or
nationality7; DRC: Democratic Republic of Congo
ICLA: Information, Counselling and Legal
Owing to a well-founded fear of persecution Assistance
for failing to conform to gender discriminating
IOM: International Organisation for Migration
practices, that person is compelled to leave
his or her place of habitual residence in
NGO: International/ Non-governmental
order to seek refuge in another place8. organisation
Gender discriminating practices which NRC: Norwegian Refugee Council
includes strict and forced adherence to a
OAU Convention: Organisation of African
dress code, obligatory pre-arranged
Union Convention Governing the Specific
marriages, physically harmful facial or
genital mutilation, rape, domestic violence Aspects of Refugee Problems in Africa;
and other gender related negative activities; 9
OPM: Office of the Prime Minister;
RAB: Refugee Appeals Board;
REC: Refugee Eligibility Committee
The procedures for refugee status determination
for asylum seekers in Uganda varies dependant RSD: Refugee Status Determination
on whether the asylum seeker is subject to prima UN: United Nations
facie refugee status and whether they are claiming UNHCR: United Nations High Commissioner
asylum in the settlements (areas designated for
for Refugees.
asylum seekers and or refugees to live in, located
in rural areas with access to a plot of land) or in
Kampala.

6
The Refugee Status Determination process

Summary of Refugee Status Determination (RSD) for prima facie refugees

7
Summary of Refugee Status Determination (RSD) process for Non Prima Facie Refugees

8
 The Refugee Status Determination
Process for Prima Facie Refugees refugees generally takes from a few days to up to
two weeks.12 In theory refugees over the age of 16
The government of Uganda generously provides
should be issued with a refugee identity card at this
that people fleeing South Sudan10 are given prima
time, however, in practice the issuance of these
facie refugee status. A prima facie determination
cards is often delayed until after the person leaves
means that an asylum seeker from South Sudan
the reception centre and in some cases many
is given refugee status on the basis of their
months after refugee status has been granted.
nationality and without having to go through an
individual determination of whether they met the After registration, refugees are allocated a plot of
definition of a refugee under the law. land and move to the settlement to construct their
house and obtain access to education, vocational
The designation of a country as being one from
training, food security support, health and other
which asylum seekers can obtain prime facie
support services. Refugees have rights parity akin
status is generally given where the circumstances
to or more favourable than aliens in Uganda including
in the country that lead to people fleeing are
to freedom of movement, right to work and/or to
indicative of conditions for refugee status.11
set up a business, right to health care and education.

Access to humanitarian support and land is only

In the Settlements
offered in the settlement, while those outside the
The vast majority of South Sudanese refugees
settlements must be self-sufficient as a result
arrive at reception centres and settlements in the
many refugees remain in the settlements. Some
West Nile area of Uganda including Yumbe, Moyo,
South Sudanese refugees indicated that they had
Arua, Adjumani, Kiryandongo and Lamwo. On
some problems in accessing individual refugee
arrival at the reception centres, South Sudanese
identity cards and birth certificates for babies born
refugees are subject to a refugee registration
in Uganda. Additionally, if a family member joins
process involving basic registration of bio data and
their family in the settlement the process of being
family composition, as well as health and security
added to a family refugee attestation document may
screening checks.
take many months. Delays in providing identity
A short interview is held to confirm the person’s documents hamper freedom of movement and
identity and nationality as South Sudanese to access to services. If a refugee does not have a
confirm the refugee status and issue a family refugee identity card it will be difficult to travel
refugee attestation document, which is the first independently of their family as they will not have
documentary evidence of refugee status. The any documents proving their legal right to be in
Refugee Family Attestation document is used to Uganda.
access services in the settlement. In theory, if the South Sudanese person has protection
The process of registration of South Sudanese fears within their settlement the Office of the Prime

9
 Minister (OPM) advised that it will try to provide
physical protection within the settlement close to a As of October 2018, it is estimated that Kampala
had a total of 47,485 individuals were verified since
police point, or facilitate transfer to another settlement.
the exercise started on 10th September for the
However, if the protection concerns persist the urban population of asylum-seekers and refugees.
case will be referred to United High Commissioner This represents 46% of the initial target, including a
for Refugees (UNHCR) for re-settlement. A number wide variety of nationalities and a number of protection
of asylum seekers in Kampala told NRC that they cases that were addressed by UNHCR and partners
on the ground. The 47,485 asylum seekers in Kampala
had relocated there as they did not feel safe in the
are from a mix of countries including DRC, Somalia,
settlements. Eritrea, South Sudan, Burundi, Rwanda and Ethiopia.

In Kampala The Government of Uganda expects asylum seekers

South Sudanese refugees are not able to register and refugees who stay in Kampala rather than in the
designated settlements to be self-reliant.
in Kampala. This was confirmed by the office of the
Those who are no longer able to sustain themselves
Prime Minister and the Refugee Desk Officer at Old are advised to go to the settlements.
Kampala Police Station. This policy decision was
reportedly made due the large numbers of South Very limited humanitarian assistance is available
Sudanese entering Uganda and the lack of registration in Kampala.

and support facilities in Kampala. The Refugee

Desk officer at Old Kampala Police station indicated
that there are only a limited number of South Sudanese The Refugee Status Determination Process
refugees who try to register in Kampala as the word for non Prima Facie Refugees
has spread to refugees and they know to go to the In the Settlements
settlements.
There are some discrepancies in the RSD process
for non-prima facie refugees in the settlements
due to the low numbers of asylum seekers
residing in the settlement. It is noted as of 31
December 2017 only three of the eleven
settlements hosting asylum seekers had more
than 100 non prima facie refugees.13 Nakivale
and Kyangwali are the only settlements with more
than 2000 non prima facie asylum seekers.14 In
settlements in which there are low numbers of
asylum seekers resident, the REC rarely visits and
so asylum seekers, who have freedom of
movement generally, move to settlements further
South that have more asylum seekers and more

10
 frequent RSD processes or relocate to Kampala. Desk Officer at the Old Kampala Police station
For those few who remain their cases appear to confirmed to NRC that Congolese were prevented
be handled on an ad hoc manner with the OPM in from registering when it became evident that a
the settlements obtaining relevant information number of Congolese asylum seekers seeking to
and sending it to the OPM in Kampala for register at Old Kampala Police station had
direction and determination. However, these already registered in a settlement. Currently the
RSD process can be protracted with people Old Kampala Police station does not have the
waiting over a year in some cases. Conversely technical equipment to undertake electronic
settlements such as Nakivale which has a high verification to ensure that the person has not
proportion of the new arrivals of non-South already registered. Old Kampala Police station is
Sudanese asylum seekers coming to Uganda in the process of obtaining a machine that can
and a mix of nationalities including asylum undertake electronic verification which will
seekers from DRC, Somalia, Burundi and enable them to readily identify if someone has
Rwanda, has more regular RSD processing already registered. Some Congolese asylum
including the REC travelling to the settlement to seekers living in Kampala have indicated that
undertake RSD processing. they do not have the funds to travel to other
settlements and are electing to pay bribes to
In May 2017 the Government of Uganda revoked
facilitate their processes of registration at
the prima facie status for Burundian asylum
settlements and in Kampala.
seekers, effective 1 June 2017. This means that
these Burundian asylum seekers are subject to As of 31 December 2017 there were 37, 927
RSD processes like other nationalities. asylum seekers in Kampala16. The Refugee Desk
Burundian asylum seekers generally arrive in Officer at Old Kampala Police station confirmed
Nakivale settlements and as of the 31 December that there have been approximately 1500-1700
2017 there were 1130 Burundian asylum new asylum seeker files (one file either relating
seekers in Nakivale settlement.15
to a family or to an individual if they arrived
alone) opened each month between April –
In Kampala October 2017 with the exception of September.
The RSD process in Kampala involves asylum In September the number dropped to about 900
seekers undertaking a registration processes at files due to the suspension of registration of
the Old Kampala Police Station and the Office of Congolese asylum seekers. People seeking
the Prime Minister. As noted previously, South asylum from Congo and Somalia are clearly the
Sudanese are not permitted to register in two largest groups, followed by Eritreans and
Kampala. In September 2017 Congolese asylum then lesser numbers of people from Burundi and
seekers have also been stopped from registering Ethiopia then by a mix of other nationalities with
as asylum seekers in Kampala. The Refugee only a handful of people each month.

11
Registration Process by Refugee Desk
Office and Old Kampala Police Station
Asylum seekers present themselves at the given the high case numbers that the process
Refugee Desk at Old Kampala Police Station and can take longer than the legislative time limit of
complete the ‘Asylum Seeker Registration three months.
Information Sheet’17 with assistance of officers
and interpreters at the office. This form records Determining if an Asylum Seeker is a
basic biodata for each family member and Refugee
limited space for explaining why they left their
own country in the comments section. The In order to assess claims for refugee status, a
asylum seeker submits this form with a passport Refugee Status Reviewing Officer at OPM
sized photo of each member of their family Kampala holds an interview with the Applicant to
attached to the form. The Asylum seeker is gather information relevant to the assessment of
provided with a small Asylum Registration Card 18 whether they are a refugee. This interview
that includes their number, which is linked to relates to why the person fled their country and
their application. their fears of returning home. Applicants are
asked also questions to confirm their identity
A security screening interview is conducted on
and origins.20 While the law provides that the
the day of registration or another day by appoint-
applicant can be represented by a lawyer at their
ment. Once the security clearance is completed,
own expense21 and/or accompanied by someone
the Asylum Seeker Registration Sheet is signed
from a Volunteer Organisation22 in practice this
by the Refugee Desk office and sent to the Office
does not happen and those who have attempted
of the Prime Minister (OPM). Completion of this
to attend have not been permitted to do so.23
process takes between a day or multiple weeks
OPM advised that there is no need for a lawyer in
after presenting at the Old Kampala Police
this process as the OPM Refugee Status Reviewing
Station.
Officer has the technical skills to ascertain the
Registration Process by the Office of appropriate information for the Refugee
the Prime Minister (OPM) Eligibility Committee to make a determination on
The Asylum seeker takes their Asylum seeker refugee status.
registration card to the Officer of the Prime
Minister where their file is reviewed and they are All definitions of refugee status contained in
issued with an Asylum Seeker Certificate. 19
An Refugee Act 2006 are employed by the Refugee
Asylum Seeker Certificate is given for a period of Eligibility Commission in making decisions.
three months and then must be reviewed. There If asylum cases fall within the OAU Convention’s
are no published statistics by OPM on the current definition relating to, for example, ‘events
processing times, however, OPM did say that seriously disturbing public order’ then

12
their cases follow a more general assessment of such independent research may not, however,
the events in the country and place where they always be successful and there may also be
are from. This is relevant to many asylum seekers statements that are not susceptible of proof. In
from Somalia and DRC. However, if this definition such cases, if the applicant’s account appears
does not apply, the individual case will be credible, he should, unless there are good
assessed pursuant to the other definitions. For reasons to the contrary, be given the benefit of
example, it is likely that applicants from Eritrea, the doubt”
Rwanda, Burundi and Ethiopia and other countries
This means case worker will have a much easier
would have their cases assessed on their individual
job if the burden of proof is not as strict as the
circumstances to determine if they are personally
Ugandan law seems to indicate.
subject to targeted persecution as described in
Section 4 (a), (b) and (d). As is common in Asylum seekers who were part of NRC focus
refugee law, the burden of proof is on the asylum groups indicated that they did not have
seeker to prove their case, 24
that is, that their information about the law that was to be applied
personal circumstances meet the definition of a to them during their interview. Those from
refugee contained in the Act and regulations. countries such as Burundi and Eritrea or Ethiopia
However, Yet, UNHCR’s Handbook nuances this indicated that they would benefit from having
a bit. See para. 196 legal advice and representation before and
during the process. For those who were rejected
“196. It is a general legal principle that the it appeared that there was not a good level of
burden of proof lies on the person submitting a understanding of the specific reasons their case
claim. Often, however, an applicant may not be was not accepted, the legal standards being
able to support his statements by documentary applied in their case, and what information they
or other proof, and cases in which an applicant should provide in the next stage of their case.
can provide evidence of all his statements will be
the exception rather than the rule. In most cases After the interview, the interview notes prepared
a person fleeing from persecution will have by the Refugee Status Reviewing Officer is sent
arrived with the barest necessities and very to the Refugee Eligibility Committee (REC) for
frequently even without personal documents. determination as to whether the person is a
Thus, while the burden of proof in principle rests refugee or not. The REC is an inter-ministerial
on the applicant, the duty to ascertain and committee including representatives from the
evaluate all the relevant facts is shared between various Ministries and Government Departments25
the applicant and the examiner. Indeed, in some and UNHCR as an observer to the process.
cases, it may be for the examiner to use all the
means at his disposal to produce the necessary
evidence in support of the application. Even

13
 South Sudanese and Burundian
cases were not included in these
statistics as these cases were
regarded as prima facie refugees
for at least some of this time
period. Prima facie refugee
status ended for Burundian
refugees in June 2017.

The rates of acceptance of asylum seekers from a week or two they are able to obtain a refugee
Somalia, DRC and Ethiopia as refugees in identity card. 28
Uganda is above or in line with decision making If an Applicant is found not be a refugee they are
around the world. 26
There are no clear global issued with a letter stating that their case is
trends for decisions for asylum seekers from rejected and they have a right to seek internal
Rwanda with some countries having very high review.29 It is noted that the rejection letters are
and others with very low acceptance rates and written in English and handed to Applicants at
many countries with only a small sample size. the OPM officers. OPM confirmed that generally
Notably, the rate of acceptance of asylum seekers Applicants are assisted by interpreters to
from Eritrea in Uganda is well below acceptance understand the decision and their rights to
rates in other countries. Looking at the top ten appeal and to lodge a request for a review.
countries which made the most decisions related
The review process is an internal process within
to Eritrean asylum applications in 2016 all
the REC. A second interview is conducted by the
countries accepted over 80% of applicants (with
Refugee Status Reviewing Officers, during which
6 countries above 95%) except the United
the Officer reads the notes made during the
Kingdom (66% acceptance- raising to 88% at
previous interview to the applicant, using an
review), France (44% acceptance) with Uganda
interpreter if necessary, for the applicant to
being the lowest at a 28% acceptance rate. 27
comment on any problems with the record and
If an Applicant is determined to be a refugee they put forward any corrections or additional
are issued with a letter containing the decision, a information. It is not possible for the applicant to
refugee family attestation document and within get a copy of the interview notes prior to the

14
second interview but lawyers representing Appeal to the Refugee Appeals Board
asylum seekers have been able to obtain such (RAB)
copies in order to assist applicants for review to If the Applicant is again rejected by the REC, the
prepare additional information.30 Like the initial law provides appeal from the REC to the RAB,
interview, lawyers do not appear to be permitted another administrative body. Unlike the REC the
to attend the review interviews. The interview law clear allows for Applicants to be represented
notes from the review interview are sent to REC by a lawyer at the RAB. The RAB does not have
for a determination once again on refugee the legal authority to grant refugee status but if
status. they find that the wrong decision has been made
The REC is convened on an ad hoc basis, they refer the case back to the REC for a new
although it is estimated to meet eight times in a decision. 32
year. It usually sits for a week or more once it is The current operation of the RAB is not clear as
convened, resulting in the REC being able to over the past years there has been problems in
make determination of hundreds of cases in a constituting the body and NRC was not able to
sitting depending on their complexity of the access data on the number of current cases
cases. As of 31 December 2017 there were before the RAB and decisions made. The main
44642 asylum seekers in Uganda whose cases legal organisation who provides legal representation
has not yet been finally determined.31 before the RAB, Refugee Law Project, indicated
that they only have about 10-15 cases at the
RAB and these cases have not been heard for a
significant period – reportedly of up to year or
In one case observed by the researcher in the
more, and certainly outside the 60 days
waiting area of the OPM Office in Kampala a
permitted by the law. 33
rejection letter was handed to an Eritrean
woman with her child but could not be explained Appeal to the Courts
as there was not an interpreter available. The A right of appeal exists from the RAB to the
OPM officer handed the letter to another asylum Courts in Uganda however in practice it appears
seeker who was in the waiting room and requested that this is rarely invoked.
her to explain it to the asylum seeker in the
public area. Confidentiality for the Applicant was
not provided and it is not known if the reasons
for the decision of review rights were explained.

15
Compliance with International
Standards on Refugee Status
Determination 34
The Ugandan Refugee Act 2006 (hereby referred While the legal framework provides a sound
to as the Act) and the Refugee Regulations 2010 foundation for the RSD process in Uganda there
(hereby referred to as the Regulations) enacts are a number of areas in which it is either wholly
many of the fundamentals required for fair and or partially not implemented in practice.
efficient procedures for the determination of
refugee status namely: Basic standards for fair and efficient
The right to be informed about the RSD processing
application process by a reception officer
Non refoulement and established procedures at
(section 16 of the Regulations)
the border;
A decision should be made in a timely
Applicant should receive the necessary guidance
manner with a deadline of 90 days from
as to the procedure to be followed;
lodgement of the application (section 20 of
The applicant should be given the necessary
the Act)
facilities, including the services of a competent
The right to have a hearing (section 24(2);
interpreter, for submitting their case to the
The right to be assisted by an interpreter
authorities concerned;
during refugee status interview (section 24
If recognized as a refugee, Applicant should be
(2) of the Act) and in communicating with
informed accordingly and issued with documen-
reception officer (section 11(2) of the Regu-
tation certifying his refugee status;
lations);
If rejected Applicant should be given reasonable
The right to have written notification of the
time to appeal for a formal reconsideration of the
decision within 14 days of the decision
decision.
including reasons if the decision is negative
From UNHCR, ‘Handbook on Procedures and
(section 24(1) of the Regulation);
Criteria for Determining Refugee Status under
The right to appeal including a fair hearing
the 1951 Convention and Protocol (Dec 2011)’
during appeal and a decision on the appeal
para 192-193.
within 60 days (section 30 of the Regula-
tions);
Representation by a lawyer at the expense of Timeliness of RSD processes
the Applicant at hearing at the REC (section Ensuring the right to a fair hearing within a
24(3) of the Act) and at the RAB (section 31 reasonable time requires balancing the needs
of the Regulations); of well administered, quality decision making
while ensuring that the procedures are not

16
delayed and asylum seekers not left in
uncertainty for an extended period. The One Congolese asylum seeker in Kampala
showed NRC her asylum seeker registration
three-month deadline imposed by the Ugandan
certificate indicating that her family had
law is an ambitious target given the significant
their refugee status interview in 2015 but
number of asylum seekers coming into Uganda.
until now there was no decision in her
While the prima facie procedures move swiftly, case. This has caused a number of
non-prime facie asylum claims both in Kampala problems as her family only has one identity
and settlements experience delays. Asylum document and so if they are outside the
seekers complained to NRC of extended delays house separately they will be without valid
of over a year in order to have their initial identity. Her husband has been arrested a
decision in the RSD process. number of times for working and being
without identity, which causes great stress
A number of people who participated in focus for a family already experiencing
groups indicated that in past years’ decisions significant financial and psychological
were made in a more reasonable time, hardship.
(estimated at approximately 6 months), but in
recent years this time period has increased
significantly. In the settlements in the West Nile
Access to registration procedures
area the delays are clearly due to the REC not A prominent concern for both South Sudanese
prioritising this area due to the very small and Congolese asylum seekers who were
numbers of asylum seekers there compared consulted in focus groups discussion in Kampala
to Kampala and settlements in the South was the requirement to travel to settlements in
West. The fact that there is only one REC to order to undertake registration, obtain
cover the whole country and that it is an documentation including refugee identity cards
inter-ministerial committee means that and undergo RSD processes (for asylum seekers
coordinating the agendas of relevant actors in from DRC).
order for the REC to sit can be challenging. Asylum seekers indicated that the costs associated

Delays in processing also leave asylum seekers with such travel were prohibitive and those who

more vulnerable to ‘brokers’ claiming that they had attempted to do this complained that they

can speed up the process for a fee. Each focus were told that they would have to pay money in

group discussion raised the problems faced by order to be allowed to enter the settlement. One

asylum seekers in having to pay brokers or asylum seeker indicated that he was told, he

bribes to progress their case. Brokers appear to could not pay this so he left and continues to be

be commonplace for all groups of asylum seekers unregistered. Of the 47 Congolese cases

interviewed and often share the nationality with NRC paralegals

the asylum seeker and act as a middle man to documented in the past two months, 18 related

access the authorities. to a failure to register as an asylum seeker due

to the need to travel to the settlements. Failure

17
to register as an asylum seeker is serious and by what issues are relevant for assessing if the
can have serious consequences. The law applicant fits any one of the definition of a
provides that a person claiming asylum should refugee. Like most refugee legal systems, the
register within 30 days of arriving in Uganda .35
burden of proof establishing that the asylum
seeker fits the definition of a refugee is on the
While the research did not identify any instances
asylum seeker.37 Refugees and asylum seekers
where an asylum seeker was refused registration
from countries who have significant rates of
due to this time limit it is a risk and could also
rejection of asylum seekers, including Eritrean,
be used as an indication of non-genuine fear of
Ethiopian and Burundian indicated to NRC that
harm in the RSD process. If a person is not
they would benefit from legal advice on the RSD
registered they are likely not to have legal status
process and legal standards prior to their RSD
in Uganda, which would hamper their right to
interviews and if rejected.38
access employment, health care, education and
such services, further, they are vulnerable to Focus group participants highlighted the need
arrest and detention and theoretically deportation. for additional legal information early in the
While the arrest and detention of asylum seekers process to empower applicants to engage in the
due to perceived insufficient documentation process. In this way, they might avoid paying
was raised as a concern no cases of deportation brokers who reportedly take significant
in such circumstances were referred to. amounts of money from Applicants and may
supply incorrect advice and fake documents
Lack of information about the unbeknownst to the Applicant.
Processes and Laws being applied
in The RSD Process Right to reasons for rejection and right
to an effective Appeal
While the law provides that the asylum seeker
must be provided with information about the Importantly the law guarantees that if someone
RSD process by the reception officer36 it is not is rejected they will receive written notification
explicitly stipulated that the applicant should be and reasons for the rejection.39 The letters are
given information on the legal standard that provided in English and the asylum seeker can
their case will be assessed against during the theoretically access interpreters at the OPM to
RSD interview. None of the refugee and asylum understand the decision if an interpreter is
seekers who were part of the focus group available. The interpreters can also assist
discussions indicated that got advice about asylum seekers to complete the paperwork at
what they needed to prove during their RSD the OPM to seek review or appeal if requested
interview. During discussions with the OPM it by the Applicant.
was confirmed that during the RSD interview While the general reasons for rejection are
the Applicant is not informed of the law but is contained in a one-page letter these lack a
asked questions by the Officer who is guided detailed account of what occurred at the

18
interview. According to Refugee Law Project, The laws granting rights refer to refugees and
lawyers, but not Applicants, are able to access do not specify those seeking asylum, however,
these interview notes (which are the notes discussions with OPM and UNCHR indicate that
which were sent to the REC which resulted in asylum seekers can access these rights in
the refusal). RLP has not been permitted by theory (the short time span of their permits may
OPM to attend the initial or review RSD hamper this is practice). While the law is gener-
interview but can prepare written submission ous in its provision of rights, the ‘(S)ocial
for the review based on the first interview notes. impacts are circumscribed by the underlying
At the start of the review interview the OPM poverty and vulnerabilities exacerbated by weak
officer reads the notes of the first interview to basic social services delivery, poor infrastructure,
the Applicant for comment. and limited market opportunities in the refugee
hosting settlement areas that impacts refugees
The Act allows for Applicants to be represented
and host communities alike’.42
in the RSD process at OPM at their own expense
however, seemingly contradictorily, the The following table provides a summary of some
Regulations seem to only allow a ‘voluntary rights afforded to refugees and asylum seekers
organisation’ to support Applicants at the first and practical challenges in access to these
instance, with a lawyer being foreseen at the rights. This information does not examine the
RAB. The OPM confirmed that lawyers do not broader socio economic barriers to accessing
attend RSD interviews conducted by the OPM such rights.
including the review, but are only present at the
RAB.40

Given that the acceptance for Eritrean asylum

seekers are significantly lower than international
trends and it is appearing that the legal
representation for asylum seekers at first
instance, particularly for Eritrean Applicants,
could both assist Applicants and input into
issues under consideration by the REC.

Social, Economic and Cultural Rights for

Asylum Seekers and Refugees
The law gives refugees, and arguably asylum
seekers, a broad range of rights similar to other
foreigners and in some areas akin to the rights
of Ugandans.41

19
Right Legal source Challenges to Access Rights
Work s 29 (1) (vi) While refugees have obtained a fee exemption for work
permits, these permits are still required for refugees and
bureaucratic challenges remain for refugees to attain

Freedom of Section 30 of the If a refugee does not have a refugee identity card
Movement Act they may face problems moving around the country
separately from their family as the only other form
of identity document is a refugee family attestation

seekers in Kampala who are required to go to the

settlements to register complain of being requested to
pay money to facilitate their access and registration.

Identity documents Section 29(1)(a) Refugees and asylum seeker must produce identity
the Act in respect whenever requested by the authorities. In settlements
of refugees and
Section 13 of the obtaining individual refugee identity cards and they only
Regulation in
respect of asylum have a family document. Refugees and asylum seekers
seekers. who only have family documents have problems in
moving independently from family members.
There appears to be a lack of knowledge for some
refugees in relation to the ability and process to
obtain residency cards from local authorities and birth

Right to property ( Section 29(1) There appeared to be some confusion for refugees in
but not ownership (e)(i) (ii) the Act settlements believing they can buy and sell their land
rights to freehold and see also X of plots as well as refugees in Kampala ‘buying’ freehold
land) Constitution land that they would not legally be able to do.

Right to travel Section 31 the Act The Act does not impose limitations on the
documents circumstances in which Convention Travel Documents
can be obtained however in its implementation
applicants need to demonstrate a need to travel for
health, business, study or family purposes.

Right to be treated Section 29(1) (c) In NRC focus group discussions asylum seekers and
without discrimination of the Act refugees indicated that they are subject to arrest and or

authorities sometime on the basis of their non-Ugandan

status.

20
Re-settlement Procedures
For refugees who continue to have legal and or 2008. This programme is a comprehensive one
protection concerns in Uganda, or those who are in which each potential eligible refugee is
not able to access a durable solution, re-settle- identified and assessed for re-settlement.
ment to a third country is required. It is import- The second programme relates to refugees who
ant to note that globally less than 1% of refugees require re-settlement to a third country due to
are able to access resettlement. UNHCR, in line vulnerability in the following categories44:
with its global mandate43, is responsible for the
selection and transfer of cases for re-settlement Legal and/or Physical Protection Needs of the
from Uganda. UNHCR’s estimates that there will refugee in the country of refuge (this includes
be 87,000 refugees in need of re-settlement. It is a threat of refoulement);
likely that the number of places available for Survivors of Torture and/or Violence, where
re-settlement will be similar to 2017 which was repatriation or the conditions of asylum could
5, 500, thus the vast majority of those in need of result in further traumatization and/or
re-settlement will not be resettled. heightened risk; or where appropriate
It is important to note that generally for refugees treatment is not available;
to be able to be re-settled they must satisfy the Medical Needs, in particular life-saving
definition of a refugee contained in the Refugees treatment that is unavailable in the country of
Convention. In Uganda the vast majority of refuge;
refugees are granted prima facie refugee status Women and Girls at Risk, who have protection
or on the basis of the OAU Convention and so as problems particular to their gender;
part of the processes of determining if someone Family Reunification, when resettlement is
could be prioritised for re-settlement their the only means to reunite refugee family
Refugees Convention status must be estab- members who, owing to refugee flight or
lished. Further, if an asylum seeker who raised displacement, are separated by borders or
claims based on their sexuality, including as a entire continents;
lesbian, gay, bi sexual, trans, and/or intersex and Children and Adolescents at Risk, where a
is rejected by the REC, their case will be re-as- best interest determination supports
sessed for refugee status by UNHCR. resettlement;

Currently in Uganda there are two main re-

These cases rely on identification of individual
settlement programmes, the first which accounts
cases of need in the field. These cases can be
for approximately 75% of those re-settled
identified by UNHCR protection officers or OPM
is a regional durable solutions programme being
or other organisations can refer to UNHCHR for
implemented for Congolese refugees in the
consideration. In Kampala Interaid provides case
Great Lakes area who fled Congo between 1996-

21
management for applicants with protection International Organisation for Migration (IOM)
needs and is a key referral partner for UNHCR in arranges logistics for travel to the re-settlement
Kampala. 45
Although NGOs can refer cases to country if approved.
UNHCR, it is up to UNHCR to determine if the
The total process of re-settlement can be 18
case will be referred internally to the re-settlement
months to 2 years, however, cases based on a
officers. UNHCR noted that RLP and HIAS provide
medical emergency may be processed in just a
referrals in relation to LGBTI refugees.
few weeks.
The UNHCR process for determining re-settlement
is roughly as follows: During every focus group discussion, the issue of
access to re-settlement was highlighted as a
Pre-screening by UNCHR and determination if
priority for many refugees. This was based both
case which should be subject to re-settlement
on protection concerns and on perceptions that
process.
Uganda does not represent a durable solution for
UNHCR file is established based on a nuclear
refugees due to their precarious financial situation
family (only children under 21 can be in the
and inability to obtain work, suitable housing and
nuclear family) as transfer to a third country is
education for their children. Refugees raised
done on the basis of nuclear family.
concerns about the submission of applications,
UNHCR undertakes an interview with the
long delays (up to multiple years) for interview
family to establish the correct biodata.
outcomes and not being able to get updates on
Re-settlement referral interviews are held
their case.
which examine whether the Applicant meets
the definition of a refugee in the Refugees
Convention and assesses their vulnerability
Conclusions and Recommendations
and protection needs.
Conclusions
UNHCR prepares the file with personal
information, legal ground and country information The study found that refugees in Uganda do have
and sent to senior resettlement officer. a range of rights under the law, and while there
If approved sent to regional settlement office are several initiatives attempting to support their
for quality check and final approval. endeavors to exercise those rights, there also
The file is sent to the proposed re-settlement exist many challenging barriers, especially those
country, which may conduct their own that relate to refugee status determination.
interviews and assessments. These obstacles prevent refugees first from
If looking positive, re-settlement country is being recognised as a refugee in the Country of
likely to undertake security and health checks. Asylum and trying to claim their rights. The Legal
If rejected by the re-settlement country, it is
very difficult for UNHCR to re-propose to another
country.

22
framework sets an ambitious short time frame for enshrined in international and national law are
the resolution of asylum applications both at first adequately applied in RSD procedures. The
instance and appeal. Albeit this being a recommendations below serve as a platform for
commendable ambition, it is typically not met and discussion to gradually put in place measures to
some cases are continuing for up to two years. meet minimum standards.
Many barriers would be removed if the procedure
Develop a RSD processing framework to
would be more expedite in accordance with
minimize delays in determinations
Ugandan law.
The Refugee Convention does not prescribe a
Also, the access to the refugee status determination particular procedural framework for determining
processes is hampered by refugees’ widespread a person's refugee status.
reliance in urban areas on ‘brokers’ who financially However, minimizing delays should not be at the
exploit asylum seekers and act as a paid link to the expense of minimum standards for RSD process-
system, promising access, faster and better es which include: the right to be informed about
results. Greater knowledge of the processes the procedure; the right to a reasonable opportu-
involved in seeking asylum especially in Kampala nity to prepare your case; the right to be heard;
could empower refugees and reduce reliance on the right to an unbiased decision-maker; the
brokers. right to know the case against you, answer it, and
for your answer to be considered a decision is
There appears to be only low level of knowledge by made; and the right to have the decision made
asylum seekers about the proofs required to by the person who heard the evidence.
obtain refugee status and very few asylum seekers
access legal advice prior to their interviews. This Social, Economic and Cultural Rights
has particular negative implications for asylum for Asylum Seekers and Refugees
seekers from countries such as Eritrea, Rwanda, Ugandan law offers a significant degree of rights
Burundi whose cases turn on examination of their protection to Asylum seekers and refugees but it
individual claims and there are significant rejection appears that bureaucratic and practical obstacles
rates. Further if an applicant is refused the that render protection ineffective. Particular
reasons for the refusal are only provided in efforts should be made to ensure that refugees
summary form, which limits the ability of the and asylum seekers can obtain individual identity
asylum seeker to know the evidence against him documents which are key for accessing other
or her in order to respond to it, a key aspect of rights, in particular freedom of movement and
natural justice. access to work.

Recommendations
The Government of Uganda in cooperation with
UNHCR and international and Ugandan civil
society should ensure that minimum standards

23
Clarity on individual assessments for
refugee status determination Legal Counselling
It is essential that actors responsible for refugee Provide legal advice on how to overcome specific
standard determination put in place viable legal problems related to refugee status
mechanisms for individual refugee status deter- determination, for example, assisting refugees
mination in addition to those that handle mass with available options for having their refugee
applications. status determined.
Asylum-seekers have the right to be informed
orally and [in] writing, in a language which they Legal assistance and representation
understand, of the processes and procedures to Provide greater support for refugees to exercise
be followed, of their rights and obligations during their rights to status determination: for example,
the procedure and to consult in an effective accompanying extremely vulnerable individuals
manner with a legal adviser. for the assessment of their status.
The communication of these rights is essential in
order for asylum-seekers to be able to exercise Research and publication
their rights, as rights are rendered ineffective if
an asylum-seeker is unable to act on them due to Use research to develop further knowledge on
a failure of being informed of what those rights refugee status determination. Information
are. gained from research should be documented
and used to inform programming, advocacy or
Information
legislative and policy reform.
Provide accurate, reliable information on the
rights, responsibilities and benefits of refugee
status to ensure that eligible populations are
able to make fully informed decisions about
applying for RSD and obtaining the right to legally
seek and enjoy asylum in Uganda.

Capacity building
Train right holders and other key stakeholders
including duty bearers and decision makers on
RSD to increase their knowledge and skills. This
increases access to the rights attached to
Refugee status, immigration and legal residency.
The long-term result of this intervention is
increased knowledge of and access to and enjoy-
ment of rights for refugees living in urban areas
and settlements including reduced protection
risks for vulnerable refugee populations.

24
Glossary of Documents

25
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Endnotes

28
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