Refugees Act, 2006

The Act is titled the Refugees Act, 2006 and comes into force on days appointed by the Minister by statutory instrument.

This section provides definitions of terms used throughout the Act.

The Government of Uganda has the sovereign right to grant or deny asylum or refugee status to any person.

A person qualifies to be granted refugee status if they meet any of the listed conditions (e.g. well‑founded fear of persecution for listed grounds, statelessness with fear of persecution, fleeing events disturbing public order, fear related to gender discriminatory practices, treaty or declared-class recognition).

A person does not qualify for refugee status if they meet any of the listed disqualifying conditions, including specified crimes, acts contrary to UN/OAU principles, or failure to seek protection of a second nationality without valid reasons.

A person must cease to be a refugee when specified conditions occur (for example, circumstances giving rise to recognition cease, voluntary re‑availment of protection of nationality, surrender of status, reacquisition of nationality, acquisition of new nationality and protection, commission of serious non-political crime after admission, or serious infringement of the Geneva or OAU Conventions).

The Public Service Commission must appoint other officers and employees of the Office as necessary to carry this Act into effect.

Establishes the Refugee Eligibility Committee and lists its membership; states that UNHCR may attend meetings in an advisory capacity.

Lists the functions of the Eligibility Committee, including recommending to the Minister, considering and deciding refugee status applications (per section 20(2)), reviewing past cases, and advising the Minister on refugee-related matters including expulsion, extradition, cessation and alternative asylum assistance.

Sets meeting frequency, presiding arrangements, quorum, and minute-keeping and forwarding duties for the Eligibility Committee.

The Eligibility Committee may co-opt any person to assist in a matter if satisfied of their relevant experience; a co-opted person may participate in proceedings but may not vote on decisions.

The Eligibility Committee may appoint subcommittees, which must have a chair who is a member of the Eligibility Committee; subcommittees are subject to the Committee's control and may regulate their own procedure subject to directions from the Committee.

Establishes a Refugee Appeals Board of a Chairperson and four other members appointed by the Minister; members must be selected from persons with relevant knowledge or experience; Eligibility Committee members may not serve on the Appeals Board.

The Appeals Board may receive and decide appeals from the Eligibility Committee, must decide appeals expeditiously and within 60 days of receipt, must not grant refugee status, and the Minister must assign Ministry staff to support the Board.

The UNHCR may attend Appeals Board proceedings; a UNHCR representative may make oral or written representations on behalf of the appellant while attending those proceedings.

Establishes an Office of Refugees and states it shall be a public office.

The Office must carry out a set of administrative functions for refugees in Uganda, including coordination, advisory roles, protection and welfare services, project initiation, liaison with UNHCR, implementing plans, promoting repatriation and cooperation, obtaining origin information, custodianship of properties, issuing identity/travel recommendations, and maintaining law and order in settlements.

Establishes a Commissioner for Refugees as head of the Office with specified duties including managing staff, receiving applications, liaising with UNHCR, advising relevant bodies, reporting half-yearly, and complying with Ministerial directions.

People entering Uganda who wish to remain as refugees must apply in writing to the Eligibility Committee within thirty days of entry; authorised officers or UNHCR representatives who receive such applications must forward them to the Commissioner as soon as practicable.

The Commissioner must promptly process asylum applications for presentation to the Eligibility Committee; the Committee must decide within 90 days and may investigate, require further information, reject or grant status; the Commissioner must notify applicants within 14 days of the Committee decision; the Committee must state reasons in writing when rejecting and may order deportation for clearly abusive or manifestly unfounded applications.

An applicant aggrieved by the Eligibility Committee's decision may appeal to the Appeals Board within thirty days; the Appeals Board may hear late appeals for justifiable cause; the appellant may appear in person or be represented at their expense; the Appeals Board's decision is final.

The Commissioner must promptly handle certain urgent or special refugee applications: (1) applications considered clearly abusive or manifestly unfounded using accelerated procedures under regulations; and (2) applications from specified vulnerable groups using special procedures under regulations.

Applicants for refugee status and their family members must remain in Uganda until the application is decided and appeals are addressed; if appeals are exhausted and status not granted the applicant may remain for up to ninety days to seek asylum or admission elsewhere; the Minister may extend that ninety-day period on application with reasonable grounds.

After submitting an application for refugee status the applicant is entitled to a temporary document (valid ninety days and renewable every two months), to be informed of UNHCR presence and to a hearing with interpreter services where necessary; the applicant may be represented or assisted by a person of their choice.

The Minister may declare groups refugees and may grant temporary group protection during a mass influx; declarations must be published and temporary protection lasts up to two years or until the cause ceases.

Family members of a recognised refugee who enter Uganda are entitled to the same protection as that refugee, may enter and remain for as long as the refugee may remain, will be issued necessary documents, and may apply for refugee status; on the refugee's death family members in Uganda continue to enjoy that protection and remain until otherwise disqualified.

The Eligibility Committee may permit family members of a recognised refugee to enter and reside in Uganda; recognised refugees may apply for such reunion, the Commissioner must investigate and report on applications and must investigate unaccompanied child cases (and may recommend adoption), and the Minister may revoke permission in the interest of national security or the public interest; "child" means a person below eighteen years.

Every refugee is entitled to rights and must comply with obligations set out in the Geneva Convention, the OAU Convention, and any other refugee-related conventions to which Uganda is a party, subject to this Act and any reservations entered by Uganda.

Recognised refugees in Uganda are entitled to a range of rights while in Uganda, including identity documentation, permission to remain, non-discrimination, property and transfer rights, access to education and employment, the ability to establish businesses, practice recognised professions, religious freedom, association rights (non-political), access to courts and protection of intellectual property.

A recognised refugee is entitled to free movement in Uganda, subject to specified restrictions.

Recognised refugees in Uganda are entitled to a travel document for travel outside Uganda, subject to national security or public order exceptions; travel documents are not valid for the refugee's country of origin; refugees with passports from their country of origin must surrender them before receiving a travel document; persons who cease to be refugees must not be issued a travel document and must surrender any travel document to the immigration office.

Refugee children are entitled to enjoy rights and freedoms; they are to receive the same treatment as nationals for elementary education; children and unaccompanied minors shall be issued identification documents according to principles for recognised refugees.

A woman refugee is entitled to equal enjoyment and protection of all human rights and fundamental freedoms across economic, social, cultural, civil and other fields, as provided in the Constitution, relevant Ugandan laws, and international and regional instruments to which Uganda is a party.

A recognised refugee's personal status is governed by the law of their domicile or, if none, by the law in force in Uganda; rights previously acquired that depend on personal status, especially marriage rights, shall be respected subject to Uganda law.

A recognised refugee must follow Uganda's laws and public order measures, refrain from political activities and actions harming state security or public interests, and must pay taxes if employed or otherwise earning income.

A member of the family of a recognised refugee is entitled to the same rights and subject to the same obligations as the recognised refugee.

The Eligibility Committee and the Appeals Board must be guided by principles set out in relevant international conventions or instruments when exercising their functions under this Act.

Proceedings must not be instituted or continued against any person (or their family member) for unlawful entry or presence in Uganda if they intend to apply for refugee status under this Act or have been granted refugee status.

The Eligibility Committee may withdraw recognition of a person as a refugee for material misrepresentation; the Committee must serve written notice, invite written representations within fourteen days, and the person may appeal to the Appeals Board within seven days.

The Minister may order the expulsion of a recognised refugee from Uganda after consulting the Minister responsible for internal affairs and if the Minister considers it necessary or desirable for national security or public order; before doing so the Minister must give due consideration to any representation by the refugee or their representative or the UNHCR representative.

Extradition requests for recognised refugees may be granted only if the offence was committed in the requesting country; the Minister may deny extradition (subject to any written law) if the offence can be tried in Uganda or if granting it would not be in the public interest.

No person may be refused entry into, expelled, extradited or returned from Uganda if that person would face persecution or a threat to life or liberty in the destination; where necessary the Minister must take steps to secure admission of such a person into another country of their choice.

Authorised officers may search, photograph and question refugees or persons claiming to be refugees, subject to privacy and reasonable-ground limits; certain named officers are authorised and the Minister may designate others; authorised officers must consult the Refugee Eligibility Committee and the office responsible for refugees.

The Minister may designate public land as transit centres or refugee settlements; the Commissioner must collaborate with UNHCR, NGOs and others to accommodate and settle refugees; applicants/refugees may apply to the Commissioner to live outside designated areas; authorised refugees may be required to report locally.

The Constitution and other laws on naturalisation apply to recognised refugees.

A recognised refugee who wishes to be repatriated must write to the Commissioner; the Commissioner must, consulting UNHCR, arrange repatriation; UNHCR must inform the Commissioner if it receives an application.

Carriers who knowingly bring into Uganda a person without a valid travel document are liable to immigration punishment and must carry that person out of Uganda at their own expense; carriers may bring refugees they reasonably believe are seeking asylum.

The Minister may make regulations by statutory instrument; regulations made under subsection (1) shall provide for the listed matters.

Cap. 62 (The Control of Alien Refugees Act) is repealed, and public officers or employees who held office under the repealed Act immediately before commencement shall continue to hold their office as if appointed under this Act.