National and Regional Laws and Policies
on Internal Displacement
UGANDA
Background
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Conflict in Uganda has continued for nearly 20 years and has led to considerable displacement, primarily in the northern regions of Acholi, Lango and Teso. Between 1.7 and 2 million people are estimated to have been displaced as a result of the conflict. Further displacement has also resulted from attacks by armed Karamojong cattle rustlers in the north and natural disasters, particularly severe flooding.
The Representative of the UN Secretary-General on internally displaced persons undertook a mission to Uganda in August 2003. In June 2006, his successor conducted a follow-up working visit to Uganda, coinciding with the Uganda Workshop on the implementation of Uganda’s National Policy for Internally Displaced Persons convened by the Representative and the Brookings Institution – University of Bern Project on Internal Displacement.
For access to the mission reports of the Representatives, go to: http://www.ohchr.org/english/issues/idp/visits.htm
For access to the Workshop materials, go to: http://www.brookings.edu/projects/idp/contents.aspx#Uganda
National Policy for Internally Displaced Persons (August 2004)
Purpose: the National Policy was developed in August 2004 primarily to address the needs of those displaced by the conflict, but also to address those displaced by natural or human-made disasters. The policy’s objectives are to minimize internal displacement and its effects by providing an enabling environment for upholding rights and entitlements of the internally displaced; to promote integrated and coordinated response mechanisms to address the causes and effects of internal displacement; to assist in the safe and voluntary return of the internally displaced; and to guide the development of sectoral programs for recovery through rehabilitation and reconstruction of social and economic infrastructure in support of the return and resettlement of IDPs (p. 1).
Responsibilities: the Office of the Prime Minister – Department of Disaster Preparedness and Refugees is the lead agency for the protection and assistance of IDPs (section 2.1). Multi-sectoral planning mechanisms are established at the National, District and Sub-County levels to address the protection and provision of humanitarian assistance of IDPs (section 2.2).
Content: the Ugandan Policy, drawing from the Guiding Principles on Internal Displacement (p. 2), approximates a comprehensive policy, addressing all causes of internal displacement.
Provisions of note include:
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acquisition of private property for the well being of the internally displaced (s. 2.1.1);
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development of database on internally displaced persons (s. 2.4);
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consultation and participation mechanisms (ss. 2.4, 2.5.1);
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recognition of the right to voluntary return or resettlement (s. 3.4);
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replacement of lost or destroyed documents (s. 3.5);
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acquisition of legal interests or certificates of customary ownership in land (s. 3.6(5));
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recognition of the right to family unification (s. 3.7);
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community involvement in land identification and distribution (s. 3.6.(4));
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tax exemption for the internally displaced (s. 3.16).
National Internally Displaced Persons Return, Resettlement and Re-integration Strategic Plan for Lango and Teso Sub Regions (November 2005)
Purpose: in November 2005, the government considered that sufficient stability was returning to the sub regions of Lango and Teso that the return process for internally displaced persons could begin. Consequently, the Office of the Prime Minister developed this Plan to assist the displaced in the two sub-regions to return home.
Responsibilities: the Office of the Prime Minister – Department of Disaster Preparedness and Refugees is charged with coordinating the return, resettlement and reintegration at the national level and the District Disaster Management Committee is to coordinate at the district level, including planning, implementation and monitoring (p. 7).
Content: the Plan addresses three phases: assessment of conditions for return and resettlement; preparation of return areas; and rehabilitation and reconstruction of basic social and economic infrastructure. The Plan also establishes a budget for the provision of urgent requirements including food, shelter, household items and transport.
Emergency Plan for Humanitarian Interventions for the North (May 2006)
Purpose: throughout the end of 2005 and beginning of 2006 the level of returning displaced persons increased, although hostilities had not yet come to an end. In this context, in May 2006, the Joint Monitoring Committee of the Office of the Prime Minister developed the Emergency Plan. The Plan is designed to enhance protection of the civilian population, increase humanitarian assistance to the internally displaced, and promote peace building and reconciliation.
Responsibilities: the government is responsible for implementing the Plan in consultation with local donor partner groups.
Content: the Plan addresses: cessation of hostilities and regional security; peace building; enhanced protection of IDP populations; improved conditions in IDP camps; and continued planning for returns.
Provisions of note include:
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the government will continue to facilitate and cooperate with the activities of the International Criminal Court (s. 4.1(4));
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call for an increase in the number of returning displaced persons through the implementation of the Lango Teso return plan referred to above (s. 4.5(2)).
Karamoja Integrated Disarmament and Development Program (January 2007)
Purpose: first developed in early 2005 and revised in January 2007, the Program aims to address the human security and recovery issues particular to the Karamoja region. While the Program is concerned with issues beyond specifically the needs of the internally displaced, it does refer to the resettlement and rehabilitation of people affected by natural disasters and armed conflict as part of the overall objective of ‘supporting the development of alternative means of livelihood’.
Responsibilities: the government, in collaboration with development partners and civil society organizations are responsible for implementation of the Program. The log-frame detailing the activities to be undertaken in accordance with the Program does not assign particular tasks to specific institutions or organizations.
Content: Component 4, Objective 6 is entitled ‘Facilitate the resettlement and rehabilitation of people affected by natural disasters and armed conflicts’. The Program requires the identification of these affected communities (p.82, objective 6); the facilitation of resettlement and rehabilitation; and the coordination of emergency relief to the affected people (p. 83, objective 6).