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THE INFLUENCE OF REFUGEE REGULATORY FRAMEWORK ON HOST

COMMUNITIES’ LIVELIHOODS AT KYAKA II REFUGEE SETTLEMENT IN


UGANDA
BY

STELLA NAHABWE

22/MPA/KLA/WKD/0071

SUPERVISORS

1ST SUPERVISOR: ASSOC. PROF. GERALD KAGAMBIRWE

KARYEIJA.

2ND SUPERVISOR: DR. WILBER BATEISIBWA.

A PROPOSAL SUBMITTED TO THE SCHOOL OF MANAGEMENT SCIENCES AS A

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF A

MASTER’S DEGREE IN INSTITUTIONAL MANAGEMENT AND LEADERSHIP OF

UGANDA MANAGEMENT INSTITUTE

SEPTEMBER 2023
1.1 Introduction

Uganda is widely recognised as having one of the most progressive refugee policies in the world.
In addition to hosting more refugees than any other country in Africa, it allows refugees the right
to work and significant freedom of movement. The Ugandan government considers and projects
refugees as "assets" economic factors that make contributions to the state rather than as
"burdens". The government’s approach stands in sharp contrast to many other refugee-hosting
countries in the region, which often require that refugees live in camps where they have
restricted socio-economic rights and freedoms. (UNHCR (2021)
As of the latest version of the UN Refugee Agency's (UNHCR) Global Trends report, published
in 2019 –, Uganda is ranked as the third largest refugee-hosting state in the world (after Turkey
and Pakistan), and the first in Africa, with 1,190,922 refugees and asylum seekers at the end of
2018. These nearly 1.2 million displaces have been accommodated across 14 major settlements,
including the Kyaka II refugee camp and thus this study is to examine the influence of the
refugee framework on the host communities and in this study, Kyaka refugee settlement.
(UNHCR (2019)

1.2 Background to the study


This section presents the background of the study that is; the Historical Background, Theoretical
Background, Conceptual Background and Contextual Background as follows;
1.2.1 Historical background
The idea that a person who sought sanctuary in a holy place could not be harmed without
inviting divine retribution was familiar to the ancient Greeks and ancient Egyptians. However,
the right to seek asylum in a church or other holy place was first codified in law by King
Ethelbert of Kent in about AD 600. Similar laws were implemented throughout Europe in the
Middle Ages. The related concept of political exile also has a long history: Ovid was sent to
Tomis; Voltaire was sent to England (Barman, B.C. (2020)). By the 1648 Peace of Westphalia,
nations recognized each other's sovereignty. However, it was not until the advent of romantic
nationalism in late 18th-century Europe that nationalism gained sufficient prevalence for the
phrase country of nationality to become practically meaningful, and for border crossing to
require that people provide identification. (Bakewell 2008)
The first international co-ordination of refugee affairs came with the creation by the League of
Nations in 1921 of the High Commission for Refugees and the appointment of Fridtj of Nansen
as its head. Nansen and the commission were charged with assisting the approximately 1,500,000
people who fled the Russian Revolution of 1917 and the subsequent civil war (1917–1921), most
of them aristocrats fleeing the Communist government. It is estimated that about 800,000
Russian refugees became stateless when Lenin revoked citizenship for all Russian expatriates in
1921. (UNHCR 2028,).
In 1923, the mandate of the commission was expanded to include the more than one million
Armenians who left Turkish Asia Minor in 1915 and 1923 due to a series of events now known
as the Armenian genocide. Over the next several years, the mandate was expanded further to
cover Assyrians and Turkish refugees. In all of these cases, a refugee was defined as a person in
a group for which the League of Nations had approved a mandate, as opposed to a person to
whom a general definition applied. (Rosenthal 2017)
The 1923 population exchange between Greece and Turkey involved about two million people
(around 1.5 million Anatolian Greeks and 500,000 Muslims in Greece) most of whom were
forcibly repatriated and denaturalized from homelands of centuries or millennia (and guaranteed
the nationality of the destination country) by a treaty promoted and overseen by the international
community as part of the Treaty of Lausanne (1923).
The U.S. Congress passed the Emergency Quota Act in 1921, followed by the Immigration Act
of 1924. The Immigration Act of 1924 was aimed at further restricting the Southern and Eastern
Europeans, especially Jews, Italians and Slavs, who had begun to enter the country in large
numbers beginning in the 1890s. Most European refugees (principally Jews and Slavs) fleeing
the Nazis and the Soviet Union were barred from going to the United States until after World
War II. (Williams 2020, 561)
In 1930, the Nansen International Office for Refugees (Nansen Office) was established as a
successor agency to the commission. Its most notable achievement was the Nansen passport, a
refugee travel document, for which it was awarded the 1938 Nobel Peace Prize. The Nansen
Office was plagued by problems of financing, an increase in refugee numbers, and a lack of co-
operation from some member states, which led to mixed success overall.
According to the United Nations High Commission for Refugees (UNHCR)’s most recent Global
Trends Report, six of the ten countries with the largest internally displaced populations (IDPs)
are located in Africa, as are six of the ten highest source countries of refugees: South Sudan,
Somalia, Sudan, the Democratic Republic of the Congo (DRC), Central African Republic (CAR)
and Eritrea (UNHCR 2020, 20, 30). Three African countries are also among the top ten refugee-
hosting countries: Uganda, Sudan and Ethiopia (UNHCR 2020, 22).
Although the League of Nations appointed the first High Commissioner for Refugees in 1921, it
was in 1960 that the UNHCR institutionalized and began to categorize, quantify and develop
policies for the worlds displaced beyond Europe (Loescher 2001, 21, 106). As the UNHCR
expanded in Africa in the 1960s, the organization necessarily partnered with humanitarians (both
expatriate and indigenous), missionaries and African statesmen already engaged in refugee
issues. Even as Africans themselves applied legal terms conceived for Europe’s postwar refugees
as colonial territories transitioned to states, the UNHCR’s growing involvement in Africa
gradually formalised these ongoing heterogeneous and locally focused initiatives (Williams
2020; Panzer 2013; Rosenthal 2015; Tague 2019).
Uganda’s history with refugees began after World War II when over 4,000 Polish refugees were
hosted in Uganda in Mpumude in Mukono District, much earlier than the UN Refugee
Convention of July 1951 and its protocol of January 1967. Moreover, Uganda is surrounded by
refugee producing countries like the Democratic Republic of Congo, Rwanda, Burundi, Sudan,
and Kenya. Refugees also come to Uganda from as far as Somali, Eritrea, Malawi, Pakistan,
Tanzania, Central African Republic, Chad, Iraq, Iran, Kuwait, Sierra Leone, Liberia, Ivory Cost
and Guinea’s It goes without saying, therefore, that during the Second World War, Uganda
became the home to many Europeans displaced by the war. They were allocated specified camps
where they remained for the duration of the war (Barman, B.C. (2020).
According to a study by (Achiron, Marilyn 2010), they note that since 1959, Uganda is currently
Africa’s largest refugee hosting country. At the end of October 2018, Uganda was hosting
1,154,352 million refugees and asylum seekers from over 10 countries: 785,104 from South
Sudan, 284,265 from DRC, 33,657 from Burundi, 22,064 from Somalia, 14,313 from Rwanda
and 14,949 from other countries.1 The refugee population in Uganda is diverse and includes 10
nationalities, with over 82 percent being women and children. Currently, there are 30 settlements
spread out in 12 districts, including Kampala. Some of the refugees hosting districts are among
the most vulnerable districts in Uganda.
Notably, the government of Uganda has maintained a welcoming policy environment for the
refugees it hosts since the 1960’s. As refugees fled conflict during independence wars, Cold War
proxy conflicts, and ethnic violence throughout the Great Lakes and the Horn of Africa, Uganda
encouraged spontaneous self-settlement in underpopulated areas of the country. The relatively
low number of inflows meant that there was sufficient arable land to accommodate refugees and
to create sustainable opportunities. (Meyer, Sarah. (2021).
To date as it was before, Uganda is still an epicenter for refugees, standing at the geographical
centre of a region characterized by instability and conflict. As early as the Second World War,
events in Uganda had been inextricably linked to the numerous issues surrounding the presence
and creation of varying numbers of refugees. Uganda has presented several different images to
the outside world during the course of its recent history, yet one that has received little
recognition in the international arena is that of Uganda as one of the first countries to host
refugees. The country has constantly had to balance the implications of its location within the
Great Lakes Region with the need to promote stability inside its own borders. At the same time,
Uganda has itself generated, and continues to generate, considerable numbers of refugees, most
notably through the notorious years of social and political strife under Idi Amin (1971-79) and of
civil war during the second Milton Obote government (1980-85). (UNHCR (2021)
In the past, , Uganda had an insufficient legal structure. Its first legislation relating to refugees
was the Control of Alien Refugees Act (CARA). Enacted in 1964 - over a decade before Uganda
ratified the 1951 Convention relating to the status of refugees and the OAU convention
governing specific aspects of refugee problems in Africa. The Act was enacted in response to a
mass influx of refugees from Rwanda, Congo and Sudan in the late 1950s and early 1960s. This
Act, however, posed several challenges. First, as a panicky measure by a newly independent
state, the Act focused on the control of a large number of unwanted aliens who were considered
to be a threat to the stability and development of the new nation. Second, whereas international
instruments relating to refugees clearly define a refugee as a person fleeing specific persecution,
external aggression, occupation, foreign domination, or disruption of public order, the Act left
the determination of who is a refugee solely to the Minister in charge. (CRRF, 2017)
Uganda’s progressive approach started in 1951 when the Government of Uganda (GoU) signed
the Refugee Convention as well as its 1967 protocol, committing to protect persons fleeing from
persecution; the commitment was renewed in 1969 with the OAU Convention, granting prima
facie refugee status to refugees fleeing from conflicts. These Conventions and the open borders
policy are crucial for the life and protection of refugees, ensuring access to the country and
avoiding the risks related to repatriation and refusal of entry. (UNHCR, 2019)
Under the International Instruments, Uganda is a signatory to, and therefore governed by, the
1951. Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status
of Refugees. Uganda is a signatory to the Convention Relating to the Status of Refugees is the
foundation of international refugee law. The Refugee Convention defines the term “refugee” as
someone who: has a well-founded fear of persecution because of his/her race, religion,
nationality, membership in a particular social group, or political opinion; is outside his/her
country of origin; and is unable or unwilling to avail him/herself of the protection of that
country, or to return there, for fear of persecution. As such, therefore, the 1951 Convention
relating to the Status of Refugees sets minimum standards for the treatment of persons who are
found to qualify for refugee status. Because the Convention was drafted in the wake of World
War II, its definition of a refugee focuses on persons who are outside their country of origin and
are refugees as a result of events occurring in Europe or elsewhere before 1 January 1951.

In 2006 the Parliament passed the Refugee Act 2006, followed by its 2010 Regulations.
Consistent with the Refugee Convention and Protocol, Uganda’s legal framework avails
refugees’ access to key rights and social services on par with nationals, including freedom of
movement, access to national health and education services. These are crucial differences with
the policies of most neighboring countries where refugees are typically confined in camps, face
very long registration process, are often refused the status of refugees and cannot work and
provide for their livelihood, remaining dependent on humanitarian based care and assistance. The
Refugee Act unquestionably constitutes the most progressive refugee law in Africa and has
enabled the Uganda settlement approach, a progressive protection model where refugees are
welcomed, registered, allocated land and provided with documents. (OPM, 2017)

1.2.2 Theoretical background

Uganda’s refugee policies have been widely recognized as among the most progressive in the
world. The BBC has described Uganda as ‘one of the best places to be a refugee’ (BBC
Television, 2021). Despite currently hosting more refugees than any country in Africa, it allows
refugees the right to work and significant freedom of movement. This approach contrasts with
many other refugee-hosting countries in the region, which often require refugees to live in camps
and deny them access to labour markets. Uganda’s approach was formalized in policy through
the Self-Reliance Strategy (SRS), established with donor support in 1999 (World Bank 2021)).
The right to work and to choose a place of residence were incorporated into law in the 2006
Refugee Act. The Refugee and Host Population Empowerment (ReHoPE) strategic framework
updated the SRS model in 2016, and support for Uganda’s self-reliance model is a focus of
UNHCR’s Comprehensive Refugee Response Framework (CRRF). Crisis and conflict in South
Sudan and the Democratic Republic of Congo (DRC) have led refugee numbers in Uganda to
increase from 450,000 in early 2015 to around 1.4 million by late 2017. Uganda’s model has
three core elements that distinguish it from most other refugee-hosting countries. First, its
regulatory framework: it lets refugees work and choose their place of residence. Second, its
assistance model: it allocates plots of land for refugees to cultivate within its rural settlements.
Third, its model of refugee-host interaction: it encourages integrated social service provision and
market access
Uganda's self-reliance model is a unique approach to refugee protection and assistance that has
been developed and implemented in the country over the past several decades. This model is
based on the premise that refugees should be able to support themselves and become self-
sufficient, rather than relying solely on aid from international organizations and governments.
The self-reliance model is considered one of the most innovative approaches to refugee
protection in Africa, and has received international recognition and support from various
organizations, including the United Nations High Commissioner for Refugees (UNHCR, 2016).
The self-reliance model is rooted in the belief that refugees have the potential to become self-
sufficient and contribute to their host communities, if given the necessary support and resources.
The model is based on four main pillars: access to land, livelihoods support, basic services, and
protection.
Access to land is a key component of the self-reliance model, as it allows refugees to grow crops
and establish small businesses, providing them with a source of food and income. The model
encourages refugees to settle in designated areas, where they are given access to plots of land for
agriculture, housing, and other purposes. In addition, the model provides refugees with support
and training in agriculture and other livelihoods, helping them to become self-sufficient and
build their capacity to support themselves.
Livelihoods support is another important aspect of the self-reliance model, as it provides
refugees with the resources and skills they need to establish and maintain sustainable livelihoods.
This includes access to microfinance and other financial services, as well as training in business
development and other livelihoods-related skills. The model also provides refugees with access
to markets, where they can sell their products and generate income. (UNHCR (2019).
Basic services are also critical to the self-reliance model, as they provide refugees with access to
essential services, such as health care, education, and water and sanitation. These services are
provided in a manner that is sensitive to the needs of refugees, and are designed to ensure that
refugees are able to maintain their health and well-being, and to access essential services when
they need them.
Protection is another important aspect of the self-reliance model, as it provides refugees with the
legal and physical protection they need to live in safety and security. This includes measures
such as legal recognition, the right to work, and the right to access education and other basic
services. The model also provides refugees with access to legal representation and other forms of
legal assistance, helping them to understand their rights and to access the protection they need.
The self-reliance model has been successful in empowering refugees in Uganda and has been
praised for its innovative approach to refugee protection. The model has provided refugees with
the resources and support they need to become self-sufficient and to contribute to their host
communities, and has helped to reduce the burden on international organizations and
governments. In addition, the model has provided refugees with a sense of dignity and self-
respect, and has helped to ensure that refugees are able to live in safety and security, with access
to the services and protection they need.
In conclusion, Uganda's self-reliance model is a unique and innovative approach to refugee
protection that is based on the principle that refugees should be able to support themselves and
become self-sufficient. The model is based on four main pillars: access to land, livelihoods
support, basic services, and protection, and has been successful in empowering refugees and
reducing the burden on international organizations and governments. The self-reliance model is
therefore a valuable contribution to the broader refugee regulatory framework, and is a model
that should be emulated and supported by other countries and organizations.
The human rights approach to the refugee regulatory framework emphasizes the need to protect
the rights and dignity of refugees, including their right to life, freedom from torture and cruel,
inhuman or degrading treatment or punishment, the right to work, the right to education, and the
right to participate in the cultural, social and economic life of their host communities. It also
emphasizes the importance of ensuring that refugees are not subjected to arbitrary detention or
other forms of ill-treatment and that they have access to effective legal remedies and protection
mechanisms. (UNDHR, 2019)

The human rights theory to refugee regulation is a critical and fundamental aspect of the
framework for the protection of refugees. This approach is based on the principle that all
individuals, regardless of their nationality, race, or ethnicity, are entitled to a certain set of
inalienable rights and freedoms that are recognized and protected by international law. The
human rights approach to refugee regulation is concerned with ensuring that refugees are able to
enjoy these rights and freedoms and that they are protected from violations of their human rights,
such as arbitrary detention, torture, and other forms of ill-treatment.

The human rights theory is rooted in the Universal Declaration of Human Rights and other
international human rights treaties and agreements, including the International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social, and Cultural Rights.
These instruments provide a framework for the protection of human rights and establish the
obligations of states to respect and protect the rights of individuals within their territories,
including refugees. (UNDHR, 2017)
One of the key features of the human rights approach is the emphasis on the right to non-
refoulement, which is the principle that refugees should not be returned to a country where they
face a real risk of persecution or other serious harm. This principle is considered a cornerstone of
international refugee law and is enshrined in the 1951 Convention relating to the Status of
Refugees. The principle of non-refoulement is also recognized as a customary norm of
international law and is binding on all states, regardless of whether they have ratified the 1951
Convention. (Hoffman, D. and Rowe, J. (2003)
Another important aspect of the human rights approach is the emphasis on the right to protection
against discrimination. The human rights approach recognizes that refugees are often subjected
to discrimination and prejudice and that they are often denied access to basic services and
opportunities. The human rights approach therefore emphasizes the need to ensure that refugees
are not subjected to discrimination and that they have access to the same rights and protections as
other individuals in their host countries. (Woolf, etl. (2005)
The human rights theory also recognizes the importance of ensuring that refugees have access to
effective legal remedies and protection mechanisms. This may involve establishing systems for
monitoring and reporting human rights abuses, as well as providing refugees with access to legal
counsel and other forms of support. It also involves ensuring that refugees are able to participate
in the judicial process and that they have access to fair and impartial tribunals. (UN charter
2018).
In conclusion, the human rights theory to refugee regulation is a critical aspect of the framework
for the protection of refugees. This approach recognizes the inherent dignity and worth of all
individuals and is concerned with ensuring that refugees are able to enjoy their human rights and
freedoms and that they are protected from violations of their human rights. The human rights
approach emphasizes the importance of non-refoulement, protection against discrimination, and
access to effective legal remedies and protection mechanisms, and it serves as a cornerstone of
the refugee regulatory framework.
1.2.3 Conceptual background

The key concepts of this study will include response of regulations and development.

Regulations are rules, guidelines, or laws set forth by governing bodies or organizations to
govern the conduct of individuals, businesses, or other entities (UN, 2022). These regulations
can cover a wide range of topics, including health and safety, environmental protection, financial
management, employment practices, and more. The purpose of regulations is to ensure that all
parties involved in a particular activity or industry comply with certain standards and practices to
ensure fairness, safety, and ethical conduct. Regulations can be enforced by government
agencies, industry associations, or other organizations, and may carry legal consequences for
those who fail to comply.
According to Braithwaite (2011), regulations are "rules that are mandated by the state and
enforced by the authorities to control the behavior of individuals or organizations" (p. 3).
Regulations are rules and guidelines established by a governing authority to oversee and control
the behavior of individuals or organizations. They are designed to promote safety, fairness,
equality, and transparency, and to prevent misconduct or illegal activities. Regulations are often
enforced through administrative or legal measures and aim to ensure that businesses, industries,
and individuals operate in a responsible and ethical manner. They are a critical tool for achieving
public welfare and are developed in response to social and political demands, shaped by interest
groups, and influenced by cultural and social norms. Regulations are necessary to balance the
interests of different groups, prevent harmful practices, and democratize economic relations
while also promoting sustainability.
The refugee regulatory framework is built upon the principles of human rights and international
refugee law, and seeks to provide refugees with the necessary protection and support they need
to rebuild their lives. This framework is made up of a complex network of international, regional,
and national laws and policies, and includes provisions for the resettlement of refugees, the
protection of their rights, and the provision of humanitarian assistance.
According to David J. Whittal, (2000) Refugee regulatory framework involves international and
regional agreements, laws and regulations, and administrative procedures that guide the
protection, assistance, and welfare of refugees.

To, Anna Lindskog, (1988) The refugee regulatory framework encompasses legal and normative
instruments that set out the rights and obligations of states and other actors towards refugees.
These include the 1951 Convention relating to the Status of Refugees and the 1967 Protocol.
Maria-Teresa Gil-Bazo: The refugee regulatory framework encompasses the broader
international human rights framework, which provides protections for refugees and asylum
seekers beyond the scope of the 1951 Convention.
Refugee regulatory framework is a complex system of laws, policies, and practices aimed at
ensuring the safety, rights, and well-being of refugees. It is built upon the principles of human
rights and international refugee law, and seeks to provide refugees with the necessary protection
and support they need to rebuild their lives. The challenge of the refugee regulatory framework is
to ensure that refugees are protected from persecution and violence, and that they have access to
durable solutions that allow them to rebuild their lives and participate in the communities in
which
Development: According to Pearson (1992), development involves “An improvement
qualitative, quantitative or both in the use of available resources”. He also asserts that
development does not refer to one particular perspective on social, political and economic
betterment. Instead, it is a hybrid term for a myriad of strategies adopted for socio-economic and
environment transformation from current states to desired ones.
1.2.4 Contextual background

Uganda’s refugee policies have been widely recognized as among the most progressive in the
world. The BBC has described Uganda as ‘one of the best places to be a refugee’ (BBC
Television, 2021). Despite currently hosting more refugees than any country in Africa, it allows
refugees the right to work and significant freedom of movement. This approach contrasts with
many other refugee-hosting countries in the region, which often require refugees to live in camps
and deny them access to labour markets. Uganda’s approach was formalized in policy through
the Self-Reliance Strategy (SRS), established with donor support in 1999 (World Bank 2021)).
The right to work and to choose a place of residence were incorporated into law in the 2006
Refugee Act. The Refugee and Host Population Empowerment (ReHoPE) strategic framework
updated the SRS model in 2016, and support for Uganda’s self-reliance model is a focus of
UNHCR’s Comprehensive Refugee Response Framework (CRRF). Crisis and conflict in South
Sudan and the Democratic Republic of Congo (DRC) have led refugee numbers in Uganda to
increase from 450,000 in early 2015 to around 1.4 million by late 2017. Uganda’s model has
three core elements that distinguish it from most other refugee-hosting countries. First, its
regulatory framework: it lets refugees work and choose their place of residence. Second, its
assistance model: it allocates plots of land for refugees to cultivate within its rural settlements.
Third, its model of refugee-host interaction: it encourages integrated social service provision and
market access
Uganda's self-reliance model is a unique approach to refugee protection and assistance that has
been developed and implemented in the country over the past several decades. This model is
based on the premise that refugees should be able to support themselves and become self-
sufficient, rather than relying solely on aid from international organizations and governments.
The self-reliance model is considered one of the most innovative approaches to refugee
protection in Africa, and has received international recognition and support from various
organizations, including the United Nations High Commissioner for Refugees (UNHCR, 2016).
The self-reliance model is rooted in the belief that refugees have the potential to become self-
sufficient and contribute to their host communities, if given the necessary support and resources.
The model is based on four main pillars: access to land, livelihoods support, basic services, and
protection.
Access to land is a key component of the self-reliance model, as it allows refugees to grow crops
and establish small businesses, providing them with a source of food and income. The model
encourages refugees to settle in designated areas, where they are given access to plots of land for
agriculture, housing, and other purposes. In addition, the model provides refugees with support
and training in agriculture and other livelihoods, helping them to become self-sufficient and
build their capacity to support themselves.
Livelihoods support is another important aspect of the self-reliance model, as it provides
refugees with the resources and skills they need to establish and maintain sustainable livelihoods.
This includes access to microfinance and other financial services, as well as training in business
development and other livelihoods-related skills. The model also provides refugees with access
to markets, where they can sell their products and generate income. (UNHCR (2019).
Basic services are also critical to the self-reliance model, as they provide refugees with access to
essential services, such as health care, education, and water and sanitation. These services are
provided in a manner that is sensitive to the needs of refugees, and are designed to ensure that
refugees are able to maintain their health and well-being, and to access essential services when
they need them.
Protection is another important aspect of the self-reliance model, as it provides refugees with the
legal and physical protection they need to live in safety and security. This includes measures
such as legal recognition, the right to work, and the right to access education and other basic
services. The model also provides refugees with access to legal representation and other forms of
legal assistance, helping them to understand their rights and to access the protection they need.
The self-reliance model has been successful in empowering refugees in Uganda and has been
praised for its innovative approach to refugee protection. The model has provided refugees with
the resources and support they need to become self-sufficient and to contribute to their host
communities, and has helped to reduce the burden on international organizations and
governments. In addition, the model has provided refugees with a sense of dignity and self-
respect, and has helped to ensure that refugees are able to live in safety and security, with access
to the services and protection they need.
In conclusion, Uganda's self-reliance model is a unique and innovative approach to refugee
protection that is based on the principle that refugees should be able to support themselves and
become self-sufficient. The model is based on four main pillars: access to land, livelihoods
support, basic services, and protection, and has been successful in empowering refugees and
reducing the burden on international organizations and governments. The self-reliance model is
therefore a valuable contribution to the broader refugee regulatory framework, and is a model
that should be emulated and supported by other countries and organizations.

The settlement was initially established in 1984 to settle Rwandan Tutsi refugees after a decision
was taken by the government of Uganda to host all refugees in designated areas. The majority of
refugees in the settlement (88%) now are Congolese. Refugees located in Kyaka II settlement are
able to access basic services and easily receive needed security protection. Interactions between
refugees and the host communities is friendly due in part to the implementation of The Refugees
Act 2006 and the Refugees Regulations 2010 which ensure that refugees’ human rights as
codified in the United Nations Convention are observed.
Kyaka II Refugee Settlement covers 81.5 square kilometers in the three sub counties of Mpara,
Kyegegwa and Kabweza in Kyaka County, Kyegegwa district. The settlement is divided into
nine zones: Sweswe, Buliti, Bukere, Mukondo, Ntababiniga, Kakoni, Bwiriza, Byabakora and
Kaborogota. Kyaka II Refugee Settlement was established in 2005 to receive the remaining
population of Kyaka I following the mass repatriation of Rwandan refugees the same year.
Renewed violence in the Democratic Republic of Congo (DRC) in December 2017 led to an
influx of refugees with an estimated 17,000 making their way to the settlement (UNHCR, 2018).
Kyaka Refugee Settlement currently accommodates over 125,000 Congolese refugees with few
remnants from other countries and despite sustained activities to promote voluntary repatriation
for refugees, very few are willing to return home (Windle international, 2018). Such a tragic
state of affairs has ramifications not only for the people who have been forced from their
homelands, but also for those who must receive and subsequently host them (Jacobsen, 2018).
Though the main aim of hosting refugees is to create co-existence between refugees and the host
community, this has not been the case.

1.3 Statement of the Problem


The study of refugee regulations and livelihoods is a relatively recent area of research, but it has
become increasingly important in the context of the global refugee crisis (UNHCR. 2020). The
history of this research can be traced back to the early 1990s, when the United Nations High
Commissioner for Refugees (UNHCR) began to focus on the issue of refugee self-reliance and
economic integration. Prior to this time, the primary focus of refugee policy had been on
providing immediate humanitarian assistance and finding durable solutions, such as repatriation
or resettlement (UNHCR. 2020).
With the current global refugee crisis, host communities are facing mounting pressures on their
livelihoods due to the presence of large numbers of refugees. In Uganda, the largest refugee-
hosting country in Africa, the influx of refugees has resulted in increasing tensions and conflicts
between refugees and local communities over access to resources, and this has led to concerns
about the vulnerability of the local community's livelihoods.
The local communities in Uganda are heavily reliant on natural resources for their livelihoods,
including land and water. The presence of refugees in their communities has put pressure on
these resources, resulting in increased competition and conflicts that have adversely affected the
local community's ability to sustain their livelihoods.
The regulatory framework for refugees in Uganda is often criticized for being weak and
ineffective, which has led to uncontrolled refugee migration and settlement in host communities.
The lack of effective regulations has also resulted in the inefficient distribution of resources and
services, which has further exacerbated the challenges faced by the local community.
Influence of Regulations on Host Communities: Effective refugee regulations and policies that
prioritize the protection and integration of refugees into host communities can have a positive
impact on the livelihoods of the local community. Such regulations can help mitigate the
negative impacts of refugee settlement on natural resources and provide opportunities for the
host community to benefit from the presence of refugees. Therefore, it is necessary for the
government to develop and implement effective refugee regulations that cater to the needs of
both refugees and the host community to ensure sustainable livelihoods.
Uganda has a progressive refugee model: Open borders, non-camp policies, free integration of
refugees, equal access to government-provided social services, a chance to work and land
allocation for farming and shelter. Home to over 125,000 Congolese refugees; Kyaka II
settlement has quadrupled in size over the past three years and is now populated well beyond its
intended capacity. Consequently, despite Uganda’s progressive and welcoming refugee policy,
UNHCR has stated there is no funding to meet residents' needs beyond basic emergency
provision. 65% of arrivals in Kyaka II are children, many of whom have witnessed horrific
violence and lost family members. An estimated 15 - 20,000 3–6-year-olds are cut off from early
years services and vulnerable to serious child protection risks, with nowhere safe to go during the
day. They are missing out on this foundational education stage which develops key social,
physical and cognitive skills. (UNHCR, 2020). Thus, it’s from this background that the study
intends to examine the influence of the Uganda’s refugee framework on the host community
development of Kyaka II.

1.4 Purpose of the study


The purpose of the study is to explore the influence of Uganda’s refugee regulatory framework
on host communities’ development.
1.5 Objectives of study
1. To examine the current refugees’ equal rights to employment on the livelihoods of
host communities in Uganda.
[2.] To examine the current refugees’ free integration policy on the livelihoods of host
communities in Uganda.
[3.] To examine the current refugees’ free access to social services policy open border
policy oon the livelihoods of host communities in Uganda.

1.6 Research Questions


1. What is the current refugees open border policy on the livelihoods of host communities in
Uganda?
2. Assess the current refugees’ free integration policy on the livelihoods of host
communities in Uganda.
3. What are the current refugees’ free access to Government social services policy open
border policy on the livelihoods of host communities in Uganda?
1.7 Research hypothesis
 That Uganda has a well stipulated legal framework that protects the legal framework.
 That the host communities’ benefit from the presence of the refugees in their
communities through increase in development.
1.8 Conceptual framework

Independent Variable Dependent Variable


Response of local community
Uganda’s refugee framework Positive
influenceinfluencee
to host community livelihoods

 Open Borders

 Non-Camp Policies
 Food
 Free Integration of Refugees
 Health,
 Equal Access to Government-  Security
Provided Social Services  Education

 Equal Rights to Employment


1.9 Significance of the Study
The significance of this study is three-fold.
 Despite the fact that there are many studies on the refugees, little research has been done
of the legal framework and its influence on the host communities. Thus, this study is,
very significant in that it has comprehensively generated empirical facts which have filled
all the foregoing intellectual and information gaps.
 The findings from the empirical study will be vital to the Government of Uganda and
UNHCR to plan, handle, and/or make relevant policies relating to the refugee
phenomenon in Uganda. The findings will enable the formulations of better policies that
ease on the partnership between the refugees and the host communities so that to create a
conducive environment for all to leave amicably.
 The study will also act as a guide to other researchers who will be conducting their
researches in a similar field of study
1.10 Justification of the study
Studying the refugee regulatory framework in Uganda is important for several reasons. First,
Uganda is one of the few countries in the world that has adopted a progressive and inclusive
approach to refugee protection and integration, known as the Refugee Act of 2006. This legal
framework provides refugees with the right to work, access to education and healthcare, freedom
of movement, and other basic rights and protections. Understanding how this legal framework
operates in practice, and the impact it has on refugees and host communities, can provide
valuable insights for policymakers, practitioners, and scholars working in other contexts.
Second, Uganda hosts one of the largest refugee populations in Africa, with over 1.4 million
refugees and asylum seekers as of early 2023. This has placed significant strains on host
communities, particularly in the northern and western regions of the country, where most
refugees are settled. Understanding the impact of the refugee regulatory framework on host
communities is therefore critical for ensuring that policies and programs are designed in a way
that promotes peaceful coexistence and shared prosperity between refugees and their hosts.
The fact that Uganda has an open refugee framework thus being one of the biggest hosts in
Africa, this clearly has a huge influence on the host communities like Kyaka II, the case study
which is a home to a large number of refugees thus, this justifies the study to explore how the
community if influenced by the refugee framework whether positively, or negatively.
1.11 Scope of the Study
This will be comprised of the subject scope, geographical scope and the time scope
1.11.1 Geographical Scope
The study will be conducted in Kyaka II settlement, Kyegegwa District. Kyaka II encompasses
81.5 square kilometers in the three sub counties of Mpara, Kyegegwa and Kabweza in the
eponymous Kyaka County. The settlement is divided into nine zones: Sweswe, Buliti, Bukere,
Mukondo, Ntababiniga, Kakoni, Bwiriza, Byabakora and Kaborogota.
1.11.2 Content Scope
The content scope of the study is to investigate the influence of the refugee regulatory
framework on host communities' livelihoods in Kyaka II refugee settlement in Uganda. The
study will explore the relationship between two variables: the implementation of refugee
regulatory policies and the impact on the livelihoods of the host communities. Additionally, the
study will examine the demographic and socio-economic factors that influence the livelihoods of
both refugees and host communities in the settlement.
1.11.3 Time Scope
This study will consider a time period from the year 2018 to 2023. The period where different
legal frameworks on refugees have been formulated to accommodate host communities.
1.12 Operational Definition of key terms
Refugee law. The body of customary international law and various international, regional, and
national instruments that establish standards for refugee protection. The cornerstone of refugee
law is the1951 Convention on the Status of Refugees.

Refugee. Every person who, owing to well-founded fear of being persecuted for reasons of race,
religion, nationality, membership of a particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the
protection of that country, or who, not having a nationality and being outside the country of his
former habitual residence as a result of such events is unable or, owing to such fear, is unwilling
to return to it.42 The term “refugee” also applies to every person who, owing to external
aggression, occupation, foreign domination or events seriously disturbing public order in either
part the whole of his country of origin or nationality, is compelled to leave his place of habitual
residence in order to seek refuge in another place outside his country of origin or nationality.
Development: According to Pearson (1992), development involves “An improvement
qualitative, quantitative or both in the use of available resources”. He also asserts that
development does not refer to one particular perspective on social, political and economic
betterment. Instead, it is a hybrid term for a myriad of strategies adopted for socio-economic and
environment transformation from current states to desired ones
CHAPTER TWO
LITERATURE REVIEW

2.0 Introduction
This chapter will include the related literature to the study and it will be reviewed in three parts,
the theoretical review, conceptual review and the review of the objectives. The purpose of the
literature review is to discover relevant and available material that has been published in the field
of refugees. It also aims to help achieve a deeper understanding of these topics, identify
problems and weaknesses, and discover the state of knowledge of refugee framework on host
communities in order to develop an argument about the significance of the research.
2.3 Theoretical review
The sustainable livelihoods approach (SLA) is the theoretical framework that guides this
review. SLA is a participatory and holistic approach to poverty reduction that emphasizes
the vulnerability of the poor and their ability to cope with livelihood shocks and stresses
(DFID, 1999). The approach recognizes that livelihoods are complex, dynamic, and multi-
dimensional and that their sustainability depends on a range of economic, social, political,
and environmental factors (Chambers & Conway, 1992). The SLA framework has been
instrumental in assessing how refugee settlements impact host communities' livelihoods.
Social Capital Theory:
This theory posits that social networks, norms, and trust enable people to work together
and achieve shared goals that improve their livelihoods. Social capital can be harnessed to
promote mutual support, cooperation, and trust between refugees and host communities,
leading to a peaceful co-existence (Putnam, 2000). Social capital can be built through the
establishment of community-based organizations, networking, and the development of
social norms that support cooperation and trust (Woolcock & Narayan, 2000).
Human Capital Theory:
The human capital theory suggests that education and training are prerequisites for long-
term economic growth and development. Education and training can enhance the skills and
knowledge base of individuals, boosting their employability, generating income, and
improving livelihoods (Becker, 1964). The refugee regulatory framework can promote the
provision of education, skills training, and healthcare services, which can provide
opportunities for host communities to improve their livelihoods.
Resilience theory posits that people can develop resilience to cope with shocks and stresses
in their lives. In the context of refugees, resilience is the ability of host communities to
adapt to the presence of refugees while maintaining their livelihoods (Lautensach &
Lautensach, 2012). The resilience of host communities can be enhanced through the
provision of social services, livelihood support, and funding for community-driven projects
(Lautensach & Lautensach, 2012).
Conflict Theory:
Conflict theory emphasizes the inherent competition and conflict between different groups
in society over resources and power. The presence of refugees in host communities can lead
to conflicts over resources, such as land and water (Gürel & Löfgren, 2016). The refugee
regulatory framework can prioritize conflict prevention and resolution, leading to peaceful
co-existence between refugees and host communities (Gürel & Löfgren, 2016).
In conclusion, the application of different theories can enhance our understanding of the
influence of the refugee regulatory framework on host communities' livelihoods at Kyaka
II refugee settlement in Uganda. The social capital theory, human capital theory, resilience
theory, and conflict theory can provide insights into the dynamics of the refugee-host
community relations and inform interventions aimed at promoting sustainable livelihoods
for all.
2.4 Related literature
Current refugees’ regulatory framework on the livelihoods of host communities in Uganda.
One study by Gibson et al. (2018) assessed the economic impacts of refugees on host
communities and found that, despite some short-run costs, the long-term benefits of hosting
refugees outweigh the costs. The study recommends the government of Uganda to prioritize
investments in areas that create jobs and income opportunities for host communities in order to
fully realize the benefits of hosting refugees.
Another study by Ojok et al. (2017) documented the social and economic impacts of hosting
refugees in Uganda's West Nile region. The study found that refugees and host communities
cooperate in livelihood activities like farming, fishing, and small businesses. However, the study
also found that there are constraints on resources like forests, agricultural land, and water sources
that could lead to conflict between refugees and host communities.
A study by Ongengo et al. (2019) analyzed the current institutional framework for refugees in
Uganda and found that, although the government of Uganda has developed a progressive
regulatory framework, there are implementation challenges at the local level. Specifically, the
study found that there is weak coordination between different institutions and an inadequate flow
of information between refugees and host communities.
Another study by Ondimu and Sseruyange (2017) analyzed the impact of the refugee inflow on
the agricultural sector in Uganda. The study found that refugee cultivation practices can
contribute to the decline of soil fertility, which ultimately affects the productivity of host
community farmers. The study recommends that interventions should be implemented to
mitigate soil degradation and support host communities.
Lastly, a study by Danziger and Orach-Meza (2018) reviewed the current legal framework for
refugees in Uganda and analyzed the challenges faced by refugees in accessing their rights. The
study found that the regulatory framework has been instrumental in creating a conducive
environment for refugees, but there are still gaps in the effective implementation of these laws
and policies. The study recommends that the government of Uganda should ensure that the
regulatory framework is effectively enforced and address the challenges faced by refugees in
accessing their rights.
current
Current refugees’ free access to government social services policy regulatory framework on
the livelihoods of host communities in Uganda.
One study by Ruhakana and Jacinto (2019) analyzed the impact of free access to healthcare by
refugees on host communities. The study found that the policy has led to an increase in the
utilization of health services by refugees, which has resulted in a shortage of medicine, long wait
times, and inadequate staffing. However, the study also found that the policy has had positive
spillover effects on host communities by improving their access to healthcare services.
Another study by Riera et al. (2017) examined the impact of free access to education by refugees
on host communities in Uganda's West Nile region. The study found that the policy has led to an
increase in school enrollment, particularly for girls. The study also found that the policy has had
a positive impact on host communities by improving their access to education services.
A study by Ondimu and Sseruyange (2017) analyzed the impact of free access to water by
refugees on host communities. The study found that the policy has led to an increase in access to
water services for both refugees and host communities. However, the study also found that there
are challenges in maintaining the water infrastructure due to limited resources.
Another study by Chinyere and Odeku (2018) analyzed the current institutional framework for
refugees' free access to government social services in Uganda. The study found that the
regulatory framework is well developed, but there are challenges in its implementation.
Specifically, the study found that there is limited funding, weak coordination, and inadequate
monitoring and evaluation mechanisms.
Lastly, a study by Ojok et al. (2017) assessed the social and economic impacts of refugees' free
access to government social services on host communities. The study found that there are
positive impacts on host communities' access to social services and employment opportunities,
but also challenges in the management of resources and potential conflicts.
2.5 Summary of the literature review
The available scholarly literature suggests that the policies of free access to government social
services and open borders towards refugees have had a positive impact on the livelihoods of host
communities in Uganda. These policies have allowed refugees to access education, healthcare,
and other services, which has improved their economic opportunities and contributed to the local
economy. The policies have also promoted social cohesion and understanding between refugees
and host communities. The studies consistently indicate that the policies have had a positive
impact on the livelihoods of host communities, despite the challenges that arise from
accommodating and integrating large numbers of refugees. Overall, the literature highlights the
benefits of policies that prioritize the well-being of refugees and host communities alike.
CHAPTER THREE
METHODOLOGY
3.1 Introduction
This chapter will mainly cover the methodology that will be used during the research, and also
the way will be analyzed prior to the end of the study. And finally the different ethical
considerations that will be employed during the course of the study.
3.2 Research Design
According to Saunders et al (2007) the research design allows the researcher to meet the purpose
of the research. Thus, the research design refers to the general plan of how the researcher will go
about answering the research questions.
The case study research design is to deploy to accomplish the objectives of the study. Therefore,
this is because the researcher witnesses the staff and clients while accessing the required
information materials.
The research utilized mixed-methods approach that includes qualitative and quantitative data
collection and analysis. The research design will involve surveys, interviews, focus group
discussions, and reviews of relevant literature to collect both primary and secondary data. The
mixed-methods design will allow for triangulation of data, which will increase the validity and
reliability of the study findings. The study will employ both deductive and inductive approaches
to analyze the data collected, with the aim of identifying patterns and themes that emerge.
3.3 Study population
The study population will be all the population in Kyaka II settlement, Kyegegwa District.
Kyaka II encompasses 81.5 square kilometres in the three sub counties of Mpara, Kyegegwa and
Kabweza in the eponymous Kyaka County. The settlement is divided into nine zones: Sweswe,
Buliti, Bukere, Mukondo, Ntababiniga, Kakoni, Bwiriza, Byabakora and Kaborogota.
3.4 Sample size determination
Orodho (2002) define sampling as the procedure a researcher uses to gather people, places, or
things to study in this study the researcher
The sample size will consist of specific employees and human resources managers of the chosen
organizations. The sample size will include all the workers, refugees and community around
Kyaka II camp.
3.5 Sampling techniques and procedure
In this case each respondent will be chosen entirely by chance and each member of the
population will have an equal chance, or probability, of being selected. To conduct a simple
random sample, the researcher will first prepare an exhaustive list (sampling frame) of all
members of the organization.
To draw a simple random sample without introducing researcher bias, computerized sampling
programs and random number tables are used to impartially select the members of the population
to be sampled. Subjects in the population are sampled by a random process, using either a
random number generator or a random number table, so that each person remaining in the
population has the same probability of being selected for the sample.
Judgmental sampling is one nonrandom technique which will be applied in selecting
respondents. This helps the researcher to select the sample based on his experience of knowledge
of the group to be sampled and of this method the researcher has on his mind that the selected
respondents have the information required.
Purposive Sampling
The researcher will use his expert judgment to select participants that are representative of the
population and are in line with the research. To do this, the researcher will consider factors that
might influence the population: perhaps socio-economic status, intelligence, access to education,
etc. Then the researcher purposefully selects a sample that adequately represents the target
population on these variables.
3.6 Data collection methods
The methods for collecting data will include questionnaires, interview, literature review and
observation.
Questionnaires: The questionnaire will include questions designed to gather data on the
experiences and perspectives of the respondents regarding the policies, such as how aware they
are of the policies, how effective they perceive the policies to be, and any barriers they have
experienced in accessing the social services. The questionnaire will also include demographic
questions to identify any differences in perceptions among groups.
Interviews: For the objective related to obtaining in-depth information on the experiences and
perspectives of key stakeholders, such as policymakers, government officials, NGOs, and
refugees, a semi-structured interview guide will be developed. The guide will include questions
to elicit information on the ethical and practical aspects of the regulatory frameworks and social
service policies. The interviews will be conducted face-to-face or remotely depending on the
availability of the participants.
Literature Review: A literature review will be an essential part of studying the regulatory
frameworks and free access to social services policies in Uganda. The literature review will help
to identify the different regulatory frameworks and social service policies available, their
strengths, limitations, and possible areas of improvement. The review will also help to develop a
robust conceptual framework for the study.
Observation: For the objective related to identifying cultural and social factors that may affect
the regulatory frameworks and social service policies, observation will be used. The researcher
will immerse themselves in the communities to gain an understanding of local customs and
practices, the social norms, and political attitudes related to regulatory frameworks, and access to
social services.
3.7 Data collection instruments
Interview
According Pamela (2013) interview is an information or opinion gathering especially through
asking a series of questions. This method involves adoption of a personal interview where a
researcher asks questions face to face with the interviewee. The interview method is done
because the researcher aims at gathering first-hand information from the interviewee.
This method will enable face to face interaction with the staff, user will be conducted to enable
probing for acquisition of primary data from them basing on their knowledge, skills and
expertise in access of information. The researcher will use the interview to engage the
respondents in a more interactive manner that enables them to give supplementary information
that will not acquire through the questionnaire.
Observation
This method enables a researcher to find out information that would otherwise be hid by the
respondents. This is a very important method because the researcher usually gets first-hand
information.
This method will involve the use of eyes to capture and make sense or a simple and sometimes
details interpretation of the study phenomenon. This method will particularly be important in
capturing details of how access and use of information is done and any other aspects as the times
dictate.
The method helps to eliminate the bias by respondents not give certain data that would be
important for the study especially by the use of the questionnaire.
Literature review; this will help the researcher to identify the indicators which other researchers
have used before in similar research project and then see how these can be applied in the report
to his research. This literature review will involve the use of journals, books and other research
projects that have been done.
3.7 Validity and reliability
To ensure validity of a study on assessing regulatory frameworks and free access to social
services policies in Uganda, the research will be designed in such a way that it accurately
measures what it is intended to measure. Triangulation will be used by using multiple research
methods such as questionnaires, interviews, observation, and literature review, external peer
reviews will be beneficial, and quality controls such as regular data checks and cross-
examination of the data will help to ensure that the data collected is accurate.
To ensure the reliability of the study, researchers will use standardized data collection methods,
stay independent, pilot testing, and statistical analysis to check for the internal consistency of
the data. By maintaining data quality controls and designing the study with care, the validity
and reliability of the study will be ensured.
3.9 Procedure of Data Collection
First and foremost, the researcher will first get approval of the proposal and then obtain an
introductory letter from the department and then further proceed to make a pilot study to identify
the different organizations to use in the study and then proceed to print out the interview guides
and then go ahead and interview the different respondents.
3.10 Data Analysis
This is the study of the different data during the after collecting and compiling to make one good
whole. Data analysis is in two forms that is in-field, data analysis. In field data analysis concerns
comparing the data that the researchers have collected while still in the field while out of-filed
concerns, comparing data after research has been done.
Researchers shall employ data analysis to complete the different data collected using different
methods and therefore come up with a triangulation in the report. The collected data will first be
cleaned out to get rid of the missing responses, coded and entered into Statistical Package for
Social Scientists (SPSS) where it will be analyzed. Descriptive analysis will be done to
summarize data into frequencies and percentages. Inferential statistics will provide logical
associations or correlation among studied variables. All statistics analysis will be carried out at
95% level of significance.
3.11 Ethical Clearance
• Researcher will inquire introductory letters from the department to present to the
respondents before proceeding.
• The researcher will ask for permission from the managers in charge of the department
before proceeding to meet the respondents.
• The researcher will ask for permission before doing any form of recording using cameras
• The researcher will use the observation check list and interview guides to stick on what is
intended for the study.
• The researcher will dress decently and also smart while going to the field
• Researcher will use English language while in the different areas of the study
• Researcher will the data private to only the researcher and the supervisor in order to
ensure the principle of confidentiality.
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