By Lipi Mishra and Serunjogi Francis

Today the High court of Uganda began proceedings on the maternal health case filed by the Centre for Health Human Rights and Development &  Others against Nakaseke District Local Government (Civil suit No.111 of 2012).

The first day of proceedings was widely attended to by members of the public, the Coalition to Stop Maternal Mortality in Uganda, and the media.

Actions for this case were filed on April 12th 2012 by CEHURD after Nanteza Irene died In Nakaseke Hospital while in labour. The plaintiffs assert that Nanteza Irene was not given medical attention for almost 10 hours.

This case triggers a number of Constitutional issues, all of which are being used to claim that the events leading  Nanteza Irene’s death violated her (and her children’s’) rights to life, health, freedom from inhumane and degrading treatment, and equality.

The case was presided over by His Lordship Justice Benjamin Kabiito and two witnesses from the plaintiff’s side were interviewed. Nanteza Irene’s three surviving children were also in attendance.

CEHURD is actively involved in a number of other activities as it awaits the judgment in this case including advocating for a better health budget for financial year 2013/14 and ensuring that health workers are recruited, motivated and remunerated.

The trial has been adjourned until 31st May 2013 and it will proceed with testimonies from the remaining witnesses.

By Felix Warom Okello & Clement Aluma

An expectant mother lost her child at the weekend after she was transported on a lorry carrying goats and goods following the alleged refusal of Olujobo Health Centre III workers to grant her an ambulance. Ms Florence Candiru, who had been admitted to Olujobo Health Centre III, was reportedly referred to Arua Regional Referral Hospital by health workers at the facility.

However, when she sought the services of the health centre’s ambulance, she was allegedly told that the ambulance would be transporting health workers for training at Rhino Camp Sub-county.

Her relatives were forced to hire a lorry that was passing-by the health centre to take her to Arua Regional Referral Hospital. Speaking to the Daily Monitor at Arua Regional Referral Hospital, Ms Candiru, 35, said: “After we were told that there is no ambulance, I saw death coming either to me or my child. But unfortunately the child died. All I wanted was to reach the hospital and deliver,” she said as tears rolled down her cheeks.

Her brother, Mr Francis Korubuga, who was by her side, said: “As the pain continued at Olujobo Health Centre III, the relatives went by the roadside to look for any vehicle passing by. We then landed on a truck that carried goats, charcoal, firewood and sacks of cassava.

Then we had to pay Shs130,000 to hire the truck to carry her to Arua Regional Referral Hospital.” When contacted for comment, the District Health Officer, Dr Patrick Anguzu, said he would investigate the matter and those found culpable would be prosecuted. “Our priority is first to save lives of patients,” Dr Anguzu said. However, efforts to speak to the officer in-charge of Olujobo Health Centre III, Mr Rophin Anguzu, were futile as he could not be reached on phone by press time.

The health sector in Uganda is facing a host of problems such as under funding, shortage of drugs, health workers, ambulances and equipment.

Source: http://www.monitor.co.ug/News/National/Pregnant-woman-loses-baby-after-being-/-/688334/1853740/-/a5n7u0/-/index.html

Written by Serunjogi Francis

The minister of Justice Hon Kahinda Otafiire has today April 22, 2013 told journalists that the government will embrace flexibilities in Intellectual Property laws if raised in Parliament to help in consumer protection.  The minister who emphasized that consumers are supposed to pay authors of books and creators of medicines also said that if relevant gaps in Intellectual Property laws in Uganda are raised by Members of Parliament, government will not hesitate in embracing them.

This was during a media briefing organized by the Uganda Registration Services Bureau (URSB) at the Uganda Media Centre in Kampala. The media briefing was aimed at informing media practitioners about a two day High level National Intellectual Property Policy Forum that will take place between 23rd and 24th of April 2013 at Hotel Africana.

According to the media brief issued at the Uganda Media Center, the purpose of the forum is to set measures for a coordinated strategy among policy makers, governments, officials, representatives from industry, research and development institutions, universities, civil societies and private sector with an aim of encouraging and facilitating effective creation, protection and management of intellectual property with in the national development framework.

Intellectual property (IP) refers to creations of the mind, which include inventions, literary and artistic works, symbols, names, images, and designs used in trade. IP rights are, therefore, the entitlements given to owners of IP, in form of patents, copyrights and others.

However, much as these rights give the creator or inventor the legal right to prevent others from benefiting from their idea except with their permission, the human rights principles and mechanisms require that Intellectual Property rules do not stifle access to essential goods for the welfare of society, particularly in least developing countries (LDCs) with relatively lower levels of innovation.

LDCs such as Uganda, are struggling to conform to new global standards of Intellectual Property protection as prescribed by the multilateral Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

The World Trade Organisation (WTO)’s Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreements are minimum standards which allow countries to provide reasonable protection of intellectual property with an aim of promoting access to essential commodities.

Incorporating these in Intellectual Property laws of a country help in consumer protection thus access to essential commodities.

CEHURD

Written by Serunjogi Francis
On the 3rd March 2013 the Uganda Human Rights Commission launched its 15th Annual Report on the state of Human rights and freedoms in the Country. According to the Report, the Constitutional Court’s opinion that issues raised in the Constitutional Petition No 16 of 2011 were of a political nature and should be left to the Executive and the Legislature to determine makes it a challenge to enforce the right to health including access to quality health care and services.

“It is of great pleasure that the Uganda Human Rights Commission is starting to pay close attention to health issues, said Ms. Noor Nakibuuka the Strategic Litigation Manager at CEHURD. Ms Nakibuuka also commended the Commission for appreciating CEHURD work.

According to the Uganda Demographic health Survey 2011, the maternal mortality ratio increased by 1% from 435 deaths per 100,000 births in 2006 to 438 deaths per 100,000 births in 2011. However, the Uganda Human Rights Commission Report estimates that the maternal mortality ratio outside health facilities could be 500 deaths per 100,000 births. This as mentioned in the report is attributed to delay of women to seek medical help, lack of blood products and staffnon-action.

In 2011 the Center for Health Human Rights and Development (CEHURD) and three others petitioned the constitution court in Centre for Health Human Rights and Development (CEHURD) and 3 Ors versus Attorney General, Constitutional Petition no 16 of 2011.

The grounds of the Petition were that the non-provision of basic indispensable health maternal commodities in government health facilities and the imprudent and unethical behavior of health workers towards expectant mothers are inconsistent with the 1995 Constitution of the Republic of Uganda and a violation of the right to health

However, at the hearing of the case, the Attorney General raised a preliminary objection that the issues raised in the petition involve the political questions not within the mandate of the Constitutional Court to handle which was upheld by the Court.

The Constitutional Court interpreted strictly the doctrine of separation of powers where by a particular function is restricted to the corresponding organ of government where the personnel of the three organs of Government are distinct and the independence of each branch of government is immune from undue encroachment from any of the others. It is upon this background that the Uganda Human Rights Commission concluded that, this strict interpretation makes it a challenge to enforce the right to health including access to quality health care and services as a Constitutional right.

However, the Center for Health Human Rights and Development (CEHURD) filed an Appeal (Constitution Appeal No.1 of   2013) in the Supreme Court challenging the ruling of the Constitutional Court.