A Legal Analysis of Uganda's Draft National School Feeding Policy

Introduction

This inaugural issue by Luleti David and Amina Rejoice examines one of the most critical policy debates currently facing Uganda: the development of a National School Feeding Policy.

School feeding is not merely a matter of welfare or charity. It represents a fundamental question of constitutional responsibility, human dignity, and the protection of children’s rights and welfare. When children attend school hungry, the rights to education, health, and livelihood become severely compromised.

The article explores how a Human Rights-Based Approach and adequate nutrition standards can guide Uganda’s National School Feeding Policy. It examines the extent to which the State must assume responsibility for protecting children from hunger during school hours.

Policy Background

Global statistics reveal that approximately 149.2 million children have stunted growth, while 340 million children under five suffer from deficiencies in vitamins and other essential micronutrients.

Between 2023 and 2026, Uganda embarked on developing a National School Feeding Policy following its commitments to the School Meals Coalition in November 2023. The policy is intended to guide school feeding practices and replace the parent-led school feeding approach under UPE and UPPET guidelines.

Drafted by the Ministry of Education and Sports in 2023, the policy envisions a healthy and well-nourished school population as a foundation for active and effective learning. However, it has not yet been adopted due to outstanding concerns around implementation mechanisms, stakeholder responsibilities, and sustainability.

Problem Statement

Uganda made formal commitments when joining the Global School Meals Coalition, including finalising and approving the National School Feeding Policy, creating a dedicated budget line, allocating national funds starting with the 2025/2026 Financial Year, and establishing a National Multi-sectoral School Feeding Coordination Committee.

The draft policy identifies limited food production as a major hindrance to school feeding implementation. However, the article argues that this challenge cannot be fully justified given Uganda’s fertile soils and favourable agricultural conditions.

The current parent-led approach risks discriminating against children from low-income households whose parents cannot provide meals. This affects equal access to education and nutrition, while weak accountability, unclear funding commitments, and limited complaint mechanisms undermine transparency and empowerment.

Education and Learner Retention

According to the 2025 Baseline Education Census Report, Uganda has approximately 13.5 million learners. Of these, 2.3 million are in pre-primary education, 9.1 million in primary schools, 2 million in secondary schools, and more than 74,000 in non-tertiary institutions.

Learner retention remains a serious concern. Out of 1.7 million learners who enrol in Primary One, only 739,204 complete Primary Seven. At secondary level, only 352,929 complete Senior Four out of 508,769 who begin Senior One.

The article argues that lack of a properly financed school feeding programme is a major contributor to low learner retention and low productivity.

Constitutional Obligations

Under Article 257(1)(c) of the Constitution of Uganda, a child is defined as a person below the age of eighteen years. This is reinforced under Section 2 of the Children’s Act. Article 34 provides a framework for the protection and welfare of children, including special protection for orphans and vulnerable children.

Protecting children from hunger is therefore presented as a fundamental obligation of the State in safeguarding dignity and welfare. The article further connects this obligation to Uganda’s broader socio-economic rights commitments, including access to education, health services, clean water, decent shelter, adequate clothing, and food security.

International Legal Obligations

The article highlights that children have a right to a standard of living adequate for health and wellbeing under international human rights law. It argues that Uganda’s National School Feeding Policy must ensure access to adequate nutritious food and food security, especially for children affected by poverty, orphanhood, or circumstances beyond their control.

It further relies on the International Covenant on Economic, Social and Cultural Rights, which recognises the right to adequate food and the fundamental right to freedom from hunger and malnutrition.

Judicial Interpretation

The welfare principle must guide every matter affecting children. Section 3(1) of the Children’s Act provides that the welfare of a child shall be a paramount consideration in all matters concerning a child.

The article argues that failure by the Government of Uganda to strengthen and effectively implement the National School Feeding Policy in a manner that guarantees adequate and accessible food for school-going children would constitute a breach of constitutional and legal obligations.

The Uganda Malnutrition Paradox

Data from the Uganda Demographic and Health Survey 2022 shows that 24.4% of children under five suffer from chronic stunting. The article highlights the Tooro sub-region, a fertile and food-abundant area, as having a high childhood stunting rate of 40.6%.

This demonstrates that agricultural abundance does not automatically guarantee nutritional security. If communities grow food mainly for sale while feeding children monotonous starch-based diets, chronic stunting can continue despite food availability.

Food Safety and Aflatoxins

The article warns that school feeding supply chains must observe strict food storage procedures and sanitary regulations to protect children from aflatoxins. Aflatoxins are toxic substances produced by moulds that thrive under poor drying, storage, and post-harvest handling conditions.

It notes that contaminated food products can damage a child’s intestinal lining, suppress nutrient absorption, weaken immunity, damage the liver, and worsen stunting. The article therefore recommends binding food safety standards, batch testing, and stronger accountability in school feeding supply chains.

Recommendations

The article recommends that Government should assume primary responsibility for financing and implementing school meals instead of relying mainly on parents and communities. It also recommends integrating school feeding into national education, health, and social protection strategies.

It further recommends home-grown food products sourced from local farmers, including women farmers and smallholder farmers, to support local economies and promote food security.

The article also supports mechanised agro-ecology at sub-county level to create sustainable food production hubs capable of supplying nutritious food to schools.

Localized Food Blueprint

The article argues that Uganda does not have one single dietary identity. A centralised national menu may not work effectively. Instead, the policy should adopt a regionalised Minimum Dietary Diversity Score that matches local foods with the nutritional needs of learners in each region.

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