20
Northern Uganda. Apart from unconfirmed reports/ and incidents, the Committee has
not found evidence to substantiate these allegations that UPDF soldiers were involved
either in sexual exploitation, or facilitated sexual abuse of children. It has also not found
evidence to support the argument that Government did not undertake its obligations to
investigate, prosecute, and punish perpetrators of sexual abuse/violence committed
against children allegedly by the UPDF or members of the LDUs.
Alleged violation of Article 29 (the right to be protected from abduction)
79.
There has been no doubt that children were the primary victims of the atrocities
of the LRA in relation to their right to be protected from abduction. The fact that children
were abducted from IDP camps, and forced to flee at night for safety has been well
documented in authoritative sources and was confirmed by interviews, including with
parents of abducted children.
80.
However, the Committee does not find a violation of the duty to protect as set out
in the Charter due to the prevailing conflict and inhumane methods of operation of the
rebels which rendered the Ugandan Government’s efforts towards the protection of
children not entirely successful until 2006, when the enemy forces lost sway.
Decision of the African Committee
81.
For the reasons given above, the African Committee finds a violation of Article 22
(and, as a fundamental duty, Article 1(1)) of the African Charter on the Rights and
Welfare of the Child by the Government of Uganda. The African Committee does not
find a violation of the other Articles (Articles 11, 14, 16, 27 and 29) as alleged in the
Communication. The African Committee therefore:
1. Recommends that the Government of Uganda should, in the interest of
curbing an environment that perpetuates impunity and limits accountability for
violence against children, provide an explicit and comprehensive provision in
its Penal Code providing for the criminal responsibility of anyone who recruits
or use persons below the age of 18 in situations of hostilities, tension or strife,
in line with its obligations under the African Children’s Charter, and other
applicable instruments.
2. Recommends that the Government of Uganda should implement fully the
standard operating procedures (SOPs) for the reception and handover of
children separated from armed groups or forces, as well as undertake
comprehensive DDR programmes, in collaboration with African Union, United
Nations, and other partners, in a child-centered manner so as to promote
children’s best interests.
3. Recommends that the Government of Uganda takes all necessary legislative,
administrative, and other measures to ensure that children are registered
immediately after birth and that they and their parents or guardians have
prompt and free access to their birth certificates. Comprehensive measures,