A critical analysis of the legal and policy framework governing safe shelters in Uganda for gender based violence survivors

Abstract

Gender-based violence (GBV) is a major global concern with extensive and long-lasting effects. This challenge necessitates that safe shelters should be established and maintained to support GBV survivors. While international, regional, and Uganda’s legal frameworks recognize the need to protect GBV survivors, the nature and extent of state obligations regarding safe shelters for GBV survivors remains largely obscure. This study analyzes Uganda’s legal framework relating to safe shelters for GBV survivors. Using qualitative research methods including interviews and fieldwork in Kiryandongo District in February 2025, the study draws on the Human Rights-Based Approach and Gender Theory to examine survivors' lived realities, state obligations and structural barriers. The study found that Uganda’s current legal framework does not provide for an explicit right to safe shelters for survivors of GBV nor does it entrench an autonomous legal framework on the same, leaving survivors reliant on underfunded, unregulated facilities typically run by Non-Governmental Organizations. The study also compared Uganda to South Africa and Rwanda and found that although both South Africa and Rwanda do not have an explicit legal provision on safe shelters for GBV survivors, South Africa and Rwanda have developed more coordinated and better-resourced institutional responses than Uganda due to their political will, policy coherence, and public funding. The study also found that the major barriers which impede the establishment and accessibility of safe shelters are inter-connected and they include poverty, cultural stigma, corruption and language challenges. The study concludes that the absence of a clear legal mandate is the primary barrier to consistent and quality shelter provision. Legal reform alone, however, is insufficient without broader institutional commitment and public engagement. The study recommends enacting a Safe Shelters for GBV Survivors Act, harmonizing existing laws, establishing a specialized Safe Shelter Services Unit, and implementing a national awareness campaign. It also urges the integration of best practices from South Africa and Rwanda.

Keywords: Legal and policy framework governing safe shelters