African Charter on the Rights and Welfare of the Child mandates states to grant nationality
to children born in their territory who would otherwise be stateless.46 However, Uganda
has very few safeguards for children who would otherwise be stateless.
35. The Constitution of Uganda provides that “[t]he State shall register every birth, marriage
and death occurring in Uganda”.47 Similarly, section 4(1) (d), (e) of Uganda’s Children Act
stipulates that a child has a right to be registered after birth and to be given a name and
nationality.48 Section 28 of the Registration of Persons Act 2015 provides for compulsory
registration of any birth in Uganda.49 However, Uganda still has a weak birth registration
system and one of the lowest rates of birth registration in Africa.50 According to a 2016
Demographic and Health Survey (DHS), about 32 percent of children under the age 5 had
their births registered with the civil authority.51 Lack of awareness, fees and difficulties in
accessing registration for rural and remote communities contribute to low birth
registration rates.52
36. Universal birth registration is crucial to prevent and reduce childhood statelessness. Birth
registration is the first step to recognising everyone as a human being with rights and
ensuring that they have a name and nationality. These are core elements of all individuals'
identities. Without them, children remain invisible into adulthood: they have no legal
identity, no voice, and are at greater risk of other rights abuses.
37. In particular, CBW (Children Born of War) face enormous challenges accessing birth
registration documents and are at increased risk of statelessness. During, and following
the war in northern Uganda between the Lord's Resistance Army (LRA) and the
Government of Uganda, tens of thousands of women and girls became victims of sexual
violence by the LRA and Uganda People’s Defence Force (UPDF), among other groups. The
pattern of violations by LRA included systematic abduction of females followed by forced
marriage, rape, and forced pregnancy leading to forced motherhood. As a result of rape,
sexual slavery, forced marriage, and forced pregnancy, many girls and women returned
to their communities with children born due to forced marriages, commonly referred to
as CBW.53
38. The total estimate of CBW in the Country is unknown but the children born in LRA captivity
were predominantly born in South Sudan or the DRC, outside of a formal clinic and outside
their home country. There was no provision for the registration of their birth. Especially
children whose parents have died, may not know sufficient information to prove their
1990 African Charter on the Rights and Welfare of the Child, Article 6.
Constitution of Uganda 1995, Article 18.
48 1997 Children Act, Section 4(1) (d&e).
49 2015 Registration of Persons Act of Uganda, Section 28.
50 Bronwen Manby, Statelessness and Citizenship in the East African Community, UNHCR, (2018), available at:
https://data2.unhcr.org/en/documents/download/66807.
51 Uganda Bureau of Statistics, Uganda and Demographic Survey 2016, (January 2018), available at:
https://dhsprogram.com/pubs/pdf/FR333/FR333.pdf.
52 Tigranna Zakaryan, Report on Citizenship Law: Uganda, GLOBALCIT, (May 2019), available at:
https://cadmus.eui.eu/bitstream/handle/1814/62485/RSCAS_GLOBALCIT_CR_2019_05.pdf.
53 Ladisch, Virginie, From Rejection to Redress. Overcoming legacies of conflict-related sexual violence in Northern Uganda,
International Center for Transitional Justice, (2015), available at: https://www.ictj.org/sites/default/files/ICTJ-Report-UgandaChildren-2015.pdf.
46
47
9