The Legal Framework of Orphanage Trafficking In Uganda: Enhancing Identification, Prosecution & Prevention

Rebecca Nhep, Kate van Doore

This report seeks to examine Uganda’s legal and policy framework to identify the relevant offences and mechanisms that could contribute towards the development of a prosecutorial strategy for orphanage trafficking in Uganda. The report includes a brief analysis of the Ugandan legal system, incorporation of international norms and criminal justice system as a means of understanding the operational framework for human rights and criminal law and in the country. This is followed by a deeper analysis of child protection and human trafficking laws, as the legal nexus where orphanage trafficking occurs. The purpose of this analysis is to identify how and when orphanage trafficking constitutes an offence under Ugandan law, including at what point so-called child protection interventions are deemed unlawful and criminal offences, and what charges could potentially be brought against perpetrators of orphanage trafficking and related offences, and in which specific circumstances. The final sections of the report briefly describe how orphanage trafficking could be detected and the formal mechanisms for victim identification and rescue.