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Exploring the Multiple Paradoxes and Challenges of Uganda's Refugee Law, Policies and Practice
Open accessAbstract
Uganda has garnered considerable international praise for its “open door” policies on refugees. This is particularly the case against the backdrop of a global context of growing physical and metaphorical walls being constructed against the phenomenon of migration, whether forced or voluntary. Nevertheless, such praise conceals a much more complex context of opportunistic strategizing, donor politics and regional geopolitical balancing. In sum, what is lauded as “progressive” is much more problematic and nuanced, especially with respect to the issue of local integration (particularly for long-term refugees), voluntary repatriation and the management and funding of refugee support.
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Humanitarian agencies and governments generally view organized settlements as more favorable than camps.
“However, they are a distinct approach that humanitarian agencies and governments generally view as more favorable than camps (Berke & Larsen, 2022;Idris, 2017;Oloka-Onyango, 2022).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
The “Settlements versus Camps” section says Uganda chose settlements rather than camps, and p. 14 describes their intended advantages, including self-sufficiency and greater agency. The paper does not establish that humanitarian agencies and governments generally favor settlements over camps; it also cautions that the advantages of settlements may not hold in practice. (LLM, conf=0.85)
Experimental — accuracy not yet measuredFollowing mass influxes from Sudan, Rwanda, and Burundi, Uganda introduced the Control of Alien Refugees Ordinance in 1960.
“Following several years of mass influx of refugees from Sudan, Rwanda, and Burundi, Uganda introduced the Control of Alien Refugees Ordinance in 1960 (Hovil, 2018;Oloka-Onyango, 2022).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
The discussion on p. 11 says the Control of Alien Refugees Act was first enacted in 1960. It does not call it an Ordinance or say it followed several years of mass influxes from Sudan, Rwanda, and Burundi. The paper identifies those countries as contributors to regional displacement, but does not connect their influxes to the Act's enactment. (LLM, conf=0.88)
Experimental — accuracy not yet measuredDespite declaring freedom of movement, the Refugees Act of 2006 gives the government power to create designated settlements and requires refugees wishing to live elsewhere to receive permission.
“Despite declaring the right to freedom of movement, in another section the Act gives the government powers to create designated settlements for refugees to live in and states that refugees who wish to live elsewhere other than settlements must receive permission from the authorities (Refugee Law Project, 2006;Maple, 2016;Oloka-Onyango, 2022).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
The discussion of settlements (p. 14) says settlement-based refugees face restrictions on movement and must secure permission from settlement commandants to leave. It does not say that the 2006 Act itself requires permission to live outside settlements or grants the government power to create designated settlements. The discussion of self-settled refugees (p. 18) describes people living outside settlements, but does not establish that statutory requirement. (LLM, conf=0.84)
Experimental — accuracy not yet measuredThe Refugees Act of 2006 adopted the 1951 Convention definition of a refugee and broadened it to include persons experiencing gender-discriminating practices as an eligibility criterion.
“Not only did it adopt the definition of a refugee from the 1951 Convention and 1967 Protocol, but broadened this definition to include persons experiencing gender-discriminating practices (e.g.genital mutilation, forced marriage, forced dress code based on gender) as an eligibility criteria (Mujuzi, 2008;Oloka-Onyango, 2022).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
On p. 12, the paper says Uganda’s 2006 Act aligned refugee law with regional and international instruments and incorporated principles concerning gender-discriminatory practices. It does not expressly say the Act adopted the 1951 Convention and 1967 Protocol definition, made those practices an eligibility criterion, or cover the specific examples in the citing sentence. (LLM, conf=0.85)
Experimental — accuracy not yet measuredUganda has experienced several waves of refugees from neighboring countries when conflicts arise because of its shared borders.
“Because of its shared borders with a number of countries in East and Central Africa, including the Democratic Republic of Congo, South Sudan, Rwanda, Kenya and Tanzania, Uganda has experienced several waves of refugees from neighboring countries when conflicts arise (Oloka-Onyango, 2022).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
The Refugees Act of 2006 included broad provisions for the rights and protection of women and children.
“It also included broad provisions for the rights and protection of women and children (Mujuzi, 2008;Oloka-Onyango, 2022).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
There have been accounts of corruption, with hundreds of thousands of dollars in funding missing or misspent.
“There have also been accounts of corruption, with hundreds of thousands of dollars in funding having gone missing or misspent (Oloka-Onyango, 2022;Titeca, 2021).”
From Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study (2025) · cites this paper as Oloka-Onyango, 2022
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Research works printed but not linked: 9
- J. Hum Rights Soc. Work 91, online: <https://link.springer.com/article/10.1007/s41134-019-0090-y>. · DOI
- See Chimène Keitner, "The Law and Politics of the 'Shifting Border" (September 2, 2019), Forthcoming, in Ayelet Shachar, The Shifting Border: Legal Cartographies of Migration and Mobility, Ayelet Shachar in Dialogue, Critical Powers Series, Manchester UP, 2020, online SSRN: <https://ssrn.com/abstract=3446897>.
- Peter J. Croll, "Preface" in, Clara Fischer and Ruth Vollmer (eds.), Migration and Displacement in Sub-Saharan Africa: The Security- Migration Nexus II (Bonn International Center for Conversion February 22-23, 2008) at 4, online: <https://www.bicc.de/uploads/tx_bicctools/brief39.pdf>.
- Y-Y Xho, "How Refugees Drive Preferences for Citizenship Exclusion: Evidence from sub-Saharan Africa" APSA 2014 Annual Meeting Paper, online: <http://papers.ssrn.com/sol3/papers.cfm?abstract id=2454409>. 48 Statutory Instrument No.9/2010.
- Frank Ahimbisbwe, 'The Legal Status of Refugee Protection and State Obligations in Uganda,' (2016) 13:10 US-China Law Review 730 at 743-745.
- The Transnational Human Rights Review, Vol. 9, Iss. 1 [2022], Art. 1 https://digitalcommons.osgoode.yorku.ca/thr/vol9/iss1/1 DOI: 10.60082/2563-4631.1099 The Transnational Human Rights Review, Vol. 9, Iss. 1 [2022], Art. 1 https://digitalcommons.osgoode.yorku.ca/thr/vol9/iss1/1 DOI: 10.60082/2563-4631.1099
- For a good analysis of these issues see Kristin Bergtora Sandvik, "On the Social Life of International Organisations: Framing Accountability in Refugee Resettlement" in Jan Wouters, Eva Brems, Stefaan Smis and Pierre Schmitt (eds.), Accountability for Human Rights Violations by International Organisations (Antwerp/Oxford/Portland: Intersentia, 2010) at 290-292. 100
- Frank Ahimbisibwe, Rwandan Refugee Physical (In)Security in Uganda: Views from Below,' Working Paper/2017.03, University of Antwerp. Also see Frank Ahimbisibwe, Voluntary' Repatriation of Rwandan Refugees in Uganda: Analysis of Law and Practice, University of Antwerp, Working Paper/ 2017.08, DOI:10.13140/RG.2.2.25363.37926. 101 See Refugee Law Project, 'UPR Uganda 2011,' supra note 60. · DOI
- The Transnational Human Rights Review, Vol. 9, Iss. 1 [2022], Art. 1 https://digitalcommons.osgoode.yorku.ca/thr/vol9/iss1/1 DOI: 10.60082/2563-4631.1099 The Transnational Human Rights Review, Vol. 9, Iss. 1 [2022], Art. 1 https://digitalcommons.osgoode.yorku.ca/thr/vol9/iss1/1 DOI: 10.60082/2563-4631.1099
Cited by
Sorted by citations
Sexual and gender-based violence against South Sudanese refugees in Uganda: a mixed-methods study
Michaelsen, S. (2025) · Université de Montréal · doi:10.71781/1596
Metadata
- Authors
- Oloka-Onyango, J.
- Affiliations
- Makerere University (UG)
- Corresponding author
- Oloka-Onyango, J.
- Venue
- The Transnational Human Rights Review
- Published
- 2022-12-01
- Volume
- 9
- Issue
- 1
- Pages
- 1-30
- ISSN
- 2563-4631 (ISSN-L)
- OpenAlex
- W4385205630
- Cited by
- 1
- References
- 0
- Citations by year
- 2023: 1
- FWCI
- 0.36
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- The Transnational Human Rights Review (publishedVersion)
- SSRN Electronic Journal (acceptedVersion)
- bepress Legal Repository (submittedVersion)
- Topics
- Social Sciences › Sociology and Political Science › Migration, Refugees, and Integration
- Social Sciences › Law › Migration, Racism, and Human Rights
- Social Sciences › Sociology and Political Science › Migration and Exile Studies
- Keywords
- refugee law, refugee policy, open door policy, Uganda, voluntary repatriation, donor politics, regional geopolitics, migration barriers
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