The deteriorating state of Health care In Kalangala District

 

 By Nakibuuka Noor Musisi

Uganda will join the world to celebrate World Tourism Day in September this year. The celebrations will take place at the islands. The state of health care however is worrying. With lack of a District Hospital, many lives are lost on boats trying to reach nearby hospitals of Entebbe and Masaka Districts. The question of how then such an event will be successfully celebrated remain unanswered.

Kalangala has eighty four (84) Islands and only 64 have people with a population estimate of over 54293 (census report 2014). It’s one of the country’s tourist attractions and becomes densely populated during the festive season. “If you want to come and rest here, you must book by November otherwise after November you can’t get where to stay. It’s usually packed but we lack a hospital to cater for health needs of such a population” Ssekaddu Francis, Kalangala District forum of people Living with HIV/AIDS Network.

I traversed Kagonya village in Lulamba Parish, Bufumbira sub county, Kalangala District, the nearest village to Kalangala Health Center IV, which is located on Bugala Island. The village is approximately 2km away from the hospital (on water). It has approximately three hundred thirteen (313) households with up to One hundred and thirty nine (139) children ages 0-7 years.

No health facility is located on this island and the nearest school about 3km away, a primary school that runs up to primary five. At this site I was eager to know how the community accesses health care. It’s unbelievable. A person needs up to three hundred thousand shillings (300,000/-) to access health care. Broken down, about one hundred thousand  to one hundred fifty thousand shillings (100,000-150,000/=) for boat and engine hire, and about one hundred thousand shillings (100,000/=) for fuel and fifty thousand (50,000/=) for hiring a person to sail the boat.

At the time of this visit, the islands major activity of fishing was at the stand still as authorities were fighting illegal methods of fishing. What this means is that a person could hardly earn or spend the above amount of money to access health care leaving the disadvantaged poor with no access at all. While Kagonya is nearer to the health Center IV, questions on how then people for instance expectant mothers reach Masaka or Entebbe for services become worrying. We were told that many die in the boats or within the facilities as means of transport are being prepared to take them, while others fail to raise the required transport fees to access care.

Most worrying the village is served by one toilet with houses in a very poor state. Asked why this one toilet, one resident responded that “we are proud of our toilet. This is the best we can have, at least we have one” Resident of Kagonya Village.

During the meeting conducted by Action Aid Uganda in partnership with CEHURD on the state of health care in Kalangala, residents thought that advocating for a district hospital was among the best options. These, while citing the names of people that had died while trying to access care including their district planner, were quick to mention that Kalangala looks like a less populated place but this is the opposite. They noted that at least legislation concerning marine should be changed to give preference to the district.

“When the night falls we are cut off. We cannot take any patients to the nearby facilities of Entebbe and Masaka because ferries, boats etc are not allowed to move at night. We have been promised a district hospital by the president and the Minister of Health but this has not matured yet. With the hospital we will solve health care problems here” Kizito Henry, Kalangala District forum of people living with HIV/AIDS Network.

Indeed without a district hospital one is not sure of his state of health while at the islands. While motor boats may be present, questions on who fuels them to the main land, time of sailing, the boat payments to the sailor  come into play. Even when these are availed, one still wonders whether in the neighboring districts of Entebbe and Masaka services will be availed on time. Communities narrated that this also calls for either renting a house or staying in hospital with questions of feeding the sick, washing etc which may seem simple when near a health facility but very difficult when one has no home near the facility.

It’s the state’s obligation to ensure that health care is accessed by all. Even when the Constitution does not expressly provide for the right to health in the substantive bill of rights but only muted from the national objective and directive principles of state policy, the country has signed a number of regional and international legislations that advance the realization of this right. The state thus needs to prioritize Kalangala Islands and provide a well-equipped and staffed Hospital to the District to boost health care accessibility there.

 

CEHURD’s blend of programs excites partner.

 By Nakibuuka Noor Musisi

Over the years, CEHURD has grown into an organization that stands out to use the law to advance the realization of the right to health in Uganda and East Africa. Like any growing organization, CEHURD has taken steps to become what it is now.

Today, the organization is known as one that reaches out to the communities, undertakes research, litigates and advocates for the enjoyment of the right to health. CEHURD’s blend of its programs ; Strategic Litigation, Community Empowerment and Research, Documentation and Advocacy excited one of its long time partners.

Roxana Bonnell has been CEHURD’s development partner for years. She worked with Open Society Institute’s Public Health Program at the time CEHURD was being formed. She facilitated some of the first funding to CEHURD and worked with staff to think through the first Strategic Plan in 2011, an experience that we still hold so dearly.

“I am in Uganda to offer whatever assistance I can to another young organization thinking through their first Strategic Plan, I am not here at CEHURD for a formal visit but rather to say hello to my friends” she noted on her visit to CEHURD offices on 27/7/17

She has a strong belief that not all lawyers will think about and do what CEHURD does. Most times lawyers think about practicing law in mainstream courts and relevant tribunals but CEHURD’s uniqueness lies with allowing lawyers speak to people in a “common ways” that are impactful to their live, ways that aim at sensitizing and empowering the communities, she added.

While speaking with the team about CEHURD’s work since 2011, she was excited and inspired with the strategies employed by the organization. “I am so excited for the fact that you the lawyers empower communities- this is important. The three programmatic approach is very unique and it’s rare to find an organization with a bigger percentage of lawyers doing what you do. This is impactful, it has been such an honor to be considered a CEHURD friend” she explained.

Roxana still works for the Open Society Foundation, as well as a consultant to several other social justice funders. She discussed with the team the new trends in access to medicine, noting the important role CEHURD has played for years in access to medicines advocacy in East Africa. She explained that OSF has broadened its support around access to medicines to include efforts that look at how innovation is prioritized and conducted. To ensure access to the medicines we need, we will need to change the current system and shift decision making power around medicines, away from transnational pharmaceutical industries back to governments. She believes that when governments acting for the public good have the powers to prioritize medicines, do clinical trials, and help regulate prices we will see a change in accessing affordable medicines for our countries.

Roxana is one among the friends of CEHURD that has come back to us after years. She was so impressed with CEHURD’s growth and work, she strongly advised us to find opportunities to publish and tell our story to the broader global social justice community.

World No Tobacco Day 2017: The Health Cost of Tobacco Use in Uganda

Today, as the world commemorates World No Tobacco Day 2017 under the theme Tobacco- a threat to development, Hon. Chris Balyomunsi, Hon. Dr. Aceng Jane Ruth and Prof. William Bazeyo and WHO Country Representative Dr. Abdulaei D. Jack have launched “The Health Cost of Tobacco Use in Uganda – February 2017”.

The report was compiled by Makerere University’s College of Health Sciences – School of Public Health in collaboration with the Uganda Cancer Institute, American Cancer Society, The Centre for Tobacco Control in Africa and Ministry of Health.

According to the report, 21% of the patients had a history of tobacco use (8% were currently using tobacco products and 14% had ever used tobacco). The proportion of patients who were current users or had ever used tobacco products was 32% for men and 9% for women. The total direct healthcare cost to all patients was about UGX 1.2 billion, of which the highest proportion 44% was on nursing and medical procedures and 24 % was on medicines.

Furthermore, the report indicates an annual average medical cost of UGX 3,697255 on a current or former smoker suffering from a tobacco- attributable disease, which is 2.28 times the annual average medical cost of a non-smoker, that is UGX 1,619,309 . The direct cost of treating tobacco -attributed illnesses in Uganda is estimated to be at UGX 108.05 billion.

At the launch, Center for Health, Human Rights and Development (CEHURD), was commended for issuing a legal opinion to the Ministry of Trade on issuing sponsorship licences to support tobacco farmers which contravenes with the law; sensitizing government ministries including; Office of the Prime Minister, Uganda National Bureau of Standards (UNBS), National Environment Management Authority (NEMA )and Ministry of Gender Labour and Social Development.

CEHURD was also applauded for the well-fought battle together with the Attorney General’s office in response to the BAT petition in court and was encouraged to take to court all institutions that will defy the Tobacco Control Law.

The launch follows the Constitutional Court in Kampala’s decision on 17th May 2017 denying an application by the British American Tobacco Limited for a temporary injunction to stay the implementation of some provisions of the Tobacco Control Act. The court stated that it found that the Applicants (BAT) did not make a case to warrant the grant of a temporary injunction.

Introduced by the World Health Organization (WHO), The World No Tobacco Day is intended to promote awareness of the environmental effects and health complications resultant from chewing or smoking tobacco.

Let’s all join the fight against tobacco use because a tobacco-free Uganda is everyone’s responsibility.

Shielding under the political question doctrine by the government violates human rights guaranteed in national and international law

By Nakityo Veronica

 

Uganda, as a country joins the world to celebrate human rights while recalling its history that is characterized by political and constitutional instability. The government is revisiting its commitment to building a better future by establishing a socioeconomic and political order through a popular and durable national Constitution based on principles of unity, peace, equality, democracy, freedom, social justice and progress.

We take notice that, the government of Uganda has had challenges in domesticating and implementing the right to health over the years. We have ratified a number of international instruments on the right to health and have further guaranteed fundamental Human Rights under chapter 4 of our constitution.  Uganda also made efforts to promote the rule of law and the doctrine of separation of powers under Articles 77& 79, 111 (1) & (2) and 129 as well as the doctrine of checks and balances under Articles 113 (1) & 114 (1) and 130 & 132, 134 & 137, 138 & 139 respectively.

On the other note, the Judiciary has often been seen to defend and uphold the Constitution of the Republic of Uganda through its mandate on the right to hear and determine cases. Through jurisprudence that Courts of law have developed over the years on the right to health. In particular, Center for Health Human Rights & Development [CEHURD] & ORS Vs. Nakaseke District local administration HCCS No. 111/2012 unreported. Hon. Justice Benjamin Kabiito Declared and ordered Nakaseke District Local Administration to pay the widower, Mr. Mugerwa and his children general damages of Ugx. 35,000,000/= [Uganda Shillings Thirty Five Millions only] for their failure [acts and omissions] to ensure that its employees at the Nakaseke Hospital provide timely, immediate and emergency obstetric care that the deceased needed at the material time to overcome the obstructed labor that led to her death; amounted to a violation of her human and maternal rights as well as the rights of the widower and the children under the constitution.

We must acknowledge that Uganda as a country has the obligation to respect protect and take all steps to ensure that the human rights of its citizens are fulfilled and that the state is required under international, regional and domestic instruments to account for human rights violations. The Constitution of the Republic of Uganda has to this extent created a mechanism under Article 137 (3) (b) to interpret such violations that are inconsistent with the Constitution against any person or arm of government. This reasoning was brought before the Constitution Court for interpretation in the case of Center for Health, Human Rights and Development [CEHURD] & 3ORS Vs. Attorney General Constitutional Petition No. 16/2011 were Honorable Justices of the Constitutional Court struck out the petitioners petition that was challenging certain actions and omissions of the government and its workers in providing basic maternal health services/commodities in public health facilities contrary to Objective 1(1), XIV (b), XX, XV, and Articles 33(2) & (3), 24, 34(1), 44(a), 287, 8A and 45 of the Constitution of the Republic of Uganda on grounds that the petition did not disclose competent questions that required the interpretation of the Constitutional Court. Further that Court could not look into the acts and omissions of the state because the issues that were raised by the petitioners in the petition were matters of political question doctrine

However, CEHURD appealed the decision of Constitutional Court on three grounds seeking court to hold that the Justices of the Constitutional Court erred in law when they misapplied the political question doctrine and prayed that the petition be allowed on merit

We applaud the Honorable Justices of the Supreme Court of Uganda for guaranteeing the right to health and upholding the Constitution of the Republic of Uganda by allowing the appeal and directing the Constitutional Court to hear the petition on its merits. While delivering the decision in the matter, the Justice Bart M. Katureebe, CJ, in particular noted that … “The Courts of law are given mandate to intrude into the domain of the executive if it acts outside or fails to act within the bounds of the Constitution. The Constitutional Court has vested powers of review, if a person alleges that the acts or omissions of any person or authority are inconsistent with the Constitution. Therefore the political question doctrine and separation of powers would not arise where the mandate has been given by the Constitution itself. The Constitution is Supreme over every one, body or authority and the actions or omissions of the executive are immune to judicial only as far as they are made in accordance with the Constitution”

Therefore, we remind all Ugandans that Constitutional Court has powers to review any acts or omissions committed by the executive or legislature that are inconsistent with any of the provisions of the Constitution. All stakeholders ought to hold, not only the executive but also the parliament of Uganda and the judiciary accountable for the violations of human rights under national, regional and international law.

 

 

Media Call for Grant Application 2015

MEDIA CALL 2015- CEHURD

This media call for investigative story ideas seeks to set the regional SRHR agenda for discussion,to improve visibility of Sexual and Reproductive Health challenges in the East African region and to build a class of media people that can report in an informed and objective manner.
The objective of this call is to increase documentation of Sexual and Reproductive Health Rights and how far governments have gone in upholding their obligations to protect, fulfill and respect SRHRs in the East Africa region.
THE SPECIFIC AREAS OF FOCUS INCLUDE;
The state of maternal health in your country;
Legal and policy framework of abortion in your country;
Barriers to accessing SRH services among the youth and, strategies or initiatives to address these barriers;
Attitudes and practices (social norms) of abortion in your country.
Or any other story ideas in the area of SRHR that may have a direct or indirect bearing on the impact of unsafe abortion in any East African Country