Uganda President Has Signed A Law That Restricts Legal Guardianship of Children to Ugandan Citizens Updated
“President Museveni has assented to the Children’s (Amendment) Bill 2015, which seeks to strengthen the protection of children’s rights and restrict legal guardianship of children to Ugandan citizens.
The law moved by Mr Bernard Atiku, the Ayivu County MP, amends the old Children Act, 1997 (cap 59), which focused on the basic needs of the child.
The passing of the legislation followed a push for a watertight law to protect Uganda’s children being exposed to abuse and exploitation by those who take advantage of the gaps in the parent law.
Uganda is home to about three million orphans, about 1.2 million of whom are said to have lost their parents to HIV/Aids.
The Act also provides for guardianship of children; prohibit corporal punishment and other related matters.
The President assented to the Bill on May 20, two months after the Bill was passed by Parliament.
The United Nations Children’s Emergency Fund (Unicef), an organisation which promotes children’s rights in Uganda, hailed the move as a milestone in promoting human rights.
Uganda ratified the UN Convention on the Rights of the Child in 1990, committing itself to putting children first so that they grow, survive and reach their full potential.
Clause 11 of Act offers clarity on guardianship. It introduces legal customary guardianship in which guardianship is only possible if there are no relatives willing to look after the child or if alternative care options have been exhausted; and is restricted to only Ugandans.
Non-Inter-country[?]adoption will be a matter of last resort after other alternative care options have been exhausted and clarify on the offences of an administrator of the estate of a child to ensure that children’s property is not abused.”
Uganda: President Assents to Children’s Bill [All Africa 6/2/16 by Lilian Namegembe]
US DOS has issued An Alert on June 2, 2016
Found here and pasted below:
“Ugandan President Signs into Law Amendments to Children Act
On May 20, 2016, the Ugandan president signed into law amendments to the Children Act that include changes to guardianship and adoption laws in Uganda. Among the many changes, the amendments limit applications for legal guardianships to citizens of Uganda who have lived in Uganda for at least three continuous months. The amendments state that intercountry adoption “shall be considered as the last option” available to children in need of permanency. They also shorten the required pre-adoption residency and fostering period for foreign prospective adoptive parents from three years to one, and state that those requirements may be waived in “exceptional circumstances.” The U.S. Embassy in Kampala continues to seek further information from the Government of Uganda on the amendments’ practical impact.[Practical impact???]
The U.S. Embassy in Kampala will continue to process all intercountry adoption cases in accordance with relevant U.S. and Ugandan laws. The Ministry of Gender, Labour, and Social Development, the ministry in Uganda that oversees adoptions, reports that it will publish the full text of the amendments to its website,
If you have questions about this notice, please contact the Department of State’s Office of Children’s Issues via email at adoption@state.gov. Please continue to monitor our website for updates on adoptions in Uganda.”
REFORM Puzzle Piece
Update:A notice was issued on July 6, 2016 here:
“Notice: Uganda Announces Effective Date of June 2 for Amendments to the Children Act
As reported in the Department of State’s June 2 Adoption Alert, on May 20, 2016, the Ugandan president signed into law amendments to the Children Act. The full text of the amendments can be found on the Ministry of Gender, Labour, and Social Development’s website. Ugandan officials have informed us that these amendments went into effect on June 2.
If you have questions about your guardianship or adoption case, please write to adoption@state.gov. We also encourage you to work closely with your adoption service provider.”
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