3
underway. Although the LRA has been defeated in Uganda, the UPDF still undertakes
rescue missions in the DRC, South Sudan, and the Central African Republic where
remnants of the LRA operate.
5.
The backdrop to the Communication received by the Committee are the events
which took place between the period 2001 and 2005 in Northern Uganda. The
Complainants allege that a number of rights of children in Northern Uganda that are
guaranteed in the African Children’s Charter were violated as a result of the action or
omission of the Government of Uganda. It should be noted that these rights include
protection of children from being involved in armed conflict under Article 22; the right to
education under Article 11; the right to life, survival and development under Article 5;
and the right to enjoy the best attainable state of physical, mental and spiritual health
under Article 14; and the right to be protected from sexual abuse and violence under
Articles 16 and 27.
6.
For instance, the Complainants argue that while the general response of the
UPDF to the abduction of children and their recruitment as child soldiers was to rescue
them from captivity and have them rehabilitated and reintegrated1 into their family
environment, there were instances where children were recruited into the UPDF and the
LDUs. It is also argued that in some instances rescued children were taken to the frontline in order to support intelligence gathering against the LRA (for example of identify
weapon catchment areas) which in turn exposed the children to danger and a violation
of their rights.
7.
At the height of the conflict in the North, the Government of Uganda decided to
establish Internally Displaced Persons (IDPs) camps with the aim of protecting civilians,
especially children, from rebel attacks. The Complainants allege that while the camps
were being guarded by the army to minimize attacks and abduction of children and
adults, Government did not do enough to prevent abductions, and also violated its
obligations in relation to education and health care as provided for in the Charter.2
8.
In relation to the right to education and health care, some of the allegations relate
to indiscriminate attacks by the UPDF during the armed conflict which negatively
affected learning institutions and health facilities. It is further alleged that there were
instances where UPDF soldiers occupied schools and/or health facilities and used them
as barracks, which occasionally endangered not only the right to education and health
care, but also the right to life of children.
1
The Uganda Human Rights Commission’s annual reports provide of the time provide statistics as to the
The Government acknowledges by saying that “Incidents of abduction may have happened in the IDP
camps but the numbers were fewer and mainly due to the people who failed to follow the established
regulations and the changing tactics of the rebels. For example, in the case of Bar Lonyo Internally
Displaced People’s camp, where massacres happened due to the negligence of the forces, the Camp
Commander was prosecuted and severely punished”.
2