A presentation made to the way forward project meeting held in Addis Ababa,24 th -27 th May,2011 By James Kaboggoza Ssembatya Assistant commissioner/Children Affairs, Ministry of Gender, Labour and Social Development.

 Introduction  Situation of children in Uganda  Facts about alternative care for children in Uganda  Challenges  Way forward

Uganda is one of those countries that has a child friendly legal frame work and policy environment It has put in place various provisions in the children act that provide for foster care, adoption and care and protection The Act has been implemented since 1997 but there are proposals for amending some sections of the Act to conform with the new thinking. In this presentation I summarize my experiences in the implementation of the provisions in this Act

About 56 %(17.1 millions) of Uganda population is children(persons below the age of 18) About half of this percentage are vulnerable children(51%) 14 percent of these are orphaned The task of protecting the vulnerable children is important but it also requires collective effort and resources. 24.5% of the 31.8 million Ugandans live below the poverty line.

 In Uganda we believe that children grow best in a family setting and community environment. Institutionalization is only encouraged as a last resort when other measures of keeping the child in a community/family environment has failed. Even then placement should be for a sort period pending arrangements for resettlement back to the community.

We encourage both formal fostering and informal fostering. Informal fostering is by relatives Formal by non relatives in which case these have to apply for care orders from the family and children court through the probation social welfare Officer. Fostering can go on for as long as 3 years and can be renewed if there is still need to renew. During this time the probation social welfare officer super vises the foster parent and prepares periodical reports to the court on the performance of the foster parents in caring for the child.

In most cases we encourage foster parents to adopt the children, if the children have no relatives or parents to claim them. Procedures for adoption take two forms; country and inter country adoption. A Ugandan can adopt a child if he has convinced the probation officer and the chief magistrate court that in the 3 years of fostering he was capable of caring for the child as if it was his own

 How ever it is true few Ugandans want to adopt. They are comfortable with fostering  A non Ugandan can adopt a child but his application can only be handled by a high court. At the moment he has to have fostered the child in Uganda for three years.  However court in the best interest of the child can waive this.

Inter country adoption is a bit complicated. Few non- Ugandans accept to stay in the country for 3 years of fostering before they are eligible for adoption. They lawyers and applicants have decided to circumvent this by using the Guardianship provision in our law governing the high court which allows them to get legal guardianship of the child and permits them to go with the child to their own countries Promising to process adoption in their countries.

How ever this has weaknesses. Children are taken with out proper bonding. Because there is no fixed time with in which a child should have stayed with the applicants before the guardianship order is given. Also there is no way a competent probation officer will supervise guardians of the child out the country. The inter country adoption convention has not been signed although arrangements are under way to sign it.

 Temporally arrangements have been made in some cases to work with agencies in some countries to prepare reports on applicants and supervise them when they become legal guardianship.  We are proposing to bind guardians to 1 year stay in Uganda before they are able to take the child out of the country.  Proposing to create an agency that will coordinate matters of fostering, adoption and guardianship.

 The children and babies homes rules have been reviewed to regulate the mushrooming children institutions  The inspectorate of children and babies homes has been strengthened and carries out quarterly support supervisions and checks on standards in homes  Children found to be illegally admitted in these institutions are ressettle with their families in the communities.

 Inter country adoption supervision is a challenge especially, if it takes the route of guardianship.  Time process foster and adoption is still long and cumbersome for the applicants  Quality assurance on the part of the probation and social welfare officer not satisfactory  Getting the local people in Uganda to accept adoption as an option for caring for children

 Coordination of civil society organizations and law firms involved in fostering and adoption is still a problem  Competencies of who ever is involved in determining the best interest of the child  Sensitizing children and babies homes on the standards for children and babies homes rules.  Resources to implement policies and legal instruments governing alternative care are inadequate.

 Amending the children act to respond to the challenges raised  Strengthening the child protection system to provide a strong referral system that can provide alternatives to institutionalization of children  Signing the Hague convention on inter country adoption to help in working with other member countries bound by the convention.