Property Rights Leave Access to Medicine Wanting

By Flavia Lanyero

Experts have decried the sluggish stride Uganda is making to utilise provisions for flexibilities under the Trade Related Aspects of Intellectual Property Agreement (Trips), saying such failures will hamper access to medicine in the near future.

The experts highlighted the need to incorporate the flexibilities under the Patent Law to comply with obligations under the World Trade Organisation on protection and enforcement of intellectual property rights. “Almost 90 per cent of drugs in Uganda are imports, most of which are generic versions which need protection from patent owners, who may want to stop their sale in a bid to sell their expensive brand name drugs instead; Ugandans would not be able to access cheap drugs,” said Mr Moses Mulumba, a lawyer with Centre for Health Human Rights and Development.

The Doha Declaration, a flexibility of Trips, provides an opportunity to place the protection of public health beyond private commercial interests. It affirms the right of countries to use safeguards such as compulsory licences to overcome patents when necessary to promote access to medicines for all.

Today marks 10 years of the Doha Declaration but the Industrial Property Bill, which is supposed to incorporate Trips, has not been passed into law. Technocrats in the Ministry of Trade say the Bill has been delayed in Parliament since 2009.

Mr Mulumba said it will be unfortunate if by 2013 Uganda has not made an effort to pass the industrial property law.

Source: All Africa.com/The Monitor

http://allafrica.com/stories/201111140191.html

The Maternal Health Coalition waits for Judges in Vain

Activists have demanded urgent Government action to end preventable maternal deaths. The Constitutional Court hearing of Petition No. 16 of 2011 scheduled for the 7th of July at 9.30 am, was not heard. The petition argues that by not providing essential medical commodities and services to pregnant women, government is violating the constitutional rights of Ugandans including the right to health, right to life and the rights of women.

Highlighting the death of a mother in Mityana district Sylvia Nalubowa, and a district Councilor in Arua, Jannifer Anguko who both died while giving birth due to negligence of health workers, the Petitioner Ms. Nakibuuka Noor for this case from Centre for Health, Human Rights and Development (CEHURD) had made a case.

It was unfortunate that no judge came to have this case heard; this has forced concerned Ugandans to storm court. She adds that, it was communicated by the registrar of the constitutional court that the case could not be heard due to lack of quorum, however it should be noted that this is a human rights case which is supposed to be heard expeditiously.

Many reports of maternal deaths have been reported across the country since the ground breaking case of Sylvia and Jennifer (deceased) case was filed on 3rd March 2011. This is a continuous violation of human rights, it is a shame, government is not making the health of Ugandans and women a priority, the lawyers are saying they were not saved, and have just got to know now. “We are tired, the more court postpones the better to set ourselves, the higher risks and more deaths, empty words cannot work, let us hope that the constitutional court will understand the unacceptable plight that expectant mothers face in Uganda.” Says Hilda Kironde of Uganda community based association for child welfare.

The leading causes of maternal death in Uganda include the massive shortage of trained health workers to attend to births, lack of access to emergency obstetric care for responding to hemorrhage, lack of access to quality antenatal care, and lack of access to family planning services.
If the government of Uganda provides these services in time and in all health centers, and referral hospitals, then this would reduce the death of 16 women every day during child birth in Uganda.
Source: Partners Uganda eforum 2011
http://eforums.healthdev.org/read/messages?id=30551

HIV afflicted boy rots away as ARVs dry up

By Sadab Kitatta Kaaya

Five-year-old Fred Twinomugisha tested HIV positive about four years ago, after the death of his mother, Jessica Tukamuhaabwa.  Due to his deteriorating condition, he was immediately started on anti-retroviral therapy (ART), which he would access from Lwebitakuli Health Centre III, about 15km from his home in Lwendezi village, Lwebitakuli sub-county, Sembabule district.

Godfrey Ngabirano, Twinomugisha’s maternal uncle and guardian, tried in vain to establish contact with the boy’s father.  “My sister [Tukamuhaabwa] died before she could tell us the father of her child,” Ngabirano says. “All the three men who had previously claimed responsibility rejected the boy when they learnt of his HIV status.”

Of the three men, Ngabirano can only identify one Kisuule of Kirebe village and a Ronald of Kasambya village in Lwebitakuli. After they disowned the boy, Ngabirano could not sit back and watch his nephew waste away. He shouldered the responsibility of regularly taking him to Lwebitakuli health centre for ART.

Unfortunately, for the last five months he has not been able to access ARVs at Lwebitakuli after the health centre ran short of supplies.  “I had taken him on his clinic day, but the nurses referred us to Mateete health centre,” Ngabirano says.

Mateete health centre had no drugs either, and health workers there referred them further, to Masaka regional referral hospital. However, this peasant family could not afford the transport fare to Masaka and chose to wait until the district gets new ARVs supplies.

Besides, they might have failed to get assistance from Masaka hospital too, after its CD4 blood count machine broke down recently, leaving hundreds of AIDS patients stranded. Five months on, there remains little hope that ARVs will be brought to a health facility within Twinomugisha’s proximity, yet the effect of the break in treatment is already evident, as the little boy is growing frail.

He moves with a lot of unease as he watches his contemporaries run about the family compound. His body is developing sores, and some on his feet and fingers are open. As a result, his friends avoid him.

“Even if they wanted to play with him, there is no way he can match their pace. Besides, we fear that others could get infected through direct contact with him,” Ngabirano says.

Gloom in Sembabule

Twinomugisha is certainly not the only AIDS patient in the district suffering this way. According to Strides for Family Health, a health promotion NGO in Sembabule, the number of people testing HIV positive is on the rise in the district.

The NGO’s spokesperson, Thadeus Atuhura, puts the prevalence rates in Sembabule at about 40%, according to information gathered in their voluntary counselling and testing programme that is part of Strides’ outreach programme in the district.

“In Lwebitakuli sub-county alone, we have so far tested about 1,000 people, and about 400 of them have tested HIV positive, mainly women and their children,” Atuhura told The Observer.

Source: The Observer

www.observer.ug/index.php?option=com_content..

Two mentally ill men stranded at Gulu hospital

By Alex Otto

Authorities at Gulu regional referral hospital mental health unit are stuck with two mentally ill persons who were referred back from Butabika mental health hospital where they reportedly spent 12 years and cannot now locate their families in northern region.

The men, James Owot aged about 60 and Okwonga Gulu(name given from hospital) aged about 40 have so far been at the Gulu mental health unit for months after they were referred back from Butabika hospital.

Tracing home

“Because of the disorder, they cannot identify their homes, so anyone who knows and can be able to trace information that can lead to the unity of these two people with their families should contact the hospital authorities, “ Paul Aluma, the Principal Psychiatric officer in charge of Gulu Regional Referral Hospital –Mental Health Unit said.

“Owot says he studied from Keyo primary school and their home is in Awer Lamogi Sub County in Amuru district.”

The other one, Gulu, dumb and tracing information about him is difficult. Hospital authorities suspect  that he is from Lira, but nothing much is really know about him.

Geoffrey Oloya, the Nwoya district focal person for mental health, requested residents of Lamogi in Amuru district and the community of Lango subregion to try and identify their relatives, friends and neighbors who once had a case of mental illness and were later taken to Butabika hospital.

Statistics

Aluma states that on a daily basis, the mental health unit registers eight new clients and the daily attendance is estimated at between 50 to 60 new patients who come to seek medication aid.

“Every day we admit two or four new patients both female and male and monthly records indicate that new cases range from 70 to 80, which totals to about 900 patients monthly,” he said.

Oloya asked family members of the mentally ill not to neglect them because their situation can still normalize with adequate care, treatment and consideration.

The duo were presented on Thurdays during the mental health day celebrations at Gulu regional referral hospital’s mental health unit with the theme “Investing in mental health”.

Source: New Vision

http://www.newvision.co.ug/news/19057-Two-mentally-ill-men-stranded-at-Gulu-hospital.html


CEHURD calls for fair copyright laws

On 3rd November, CEHURD held a workshop on access to education and learning materials. The workshop brought together participants with diverse backgrounds in the area of access to education and members working in production of knowledge goods.

The objective of the meeting was to bring together stakeholders working in the field of access to education materials to discuss a concrete advocacy strategy to enable students access education and learning materials.

From the discussions it was discovered that our Copyright and Neighbouring Act of 2006 in Uganda, does not provide for fair use of copyrighted books, as such, once enforcement comes into place, students with habits of photocopying these copyrighted books may be arrested or face stringent legal procedures. Participants also cited the Current education policy which discourages parent participation in contributing towards school textbook stocks in UPE and USE schools with the exception of lunch for their children. This they said is not good.

“ it is possible to see a student buy two phones and properly maintain them with airtime and yet not buy a book!, it is also common in our society  to have a parent buy for his child toys but not books!” noted Mr. Martin Okia from the National Book Trust of Uganda.

As way forward, participants agreed to do a lot more advocacy on changing people’s mindsets about buying books to support the local publishing industry, to write to ministry of Trade to influence reforms in the Copyright Act to enable access to learning Materials as the law is currently problematic and does not ensure access to education materials for students.

Mr. Mulumba also noted that there is need to work within the law, and make use of TRIPS flexibilities to enable access to learning materials.

“Copy right laws should be able to promote access to education materials. If you can acknowledge the source, then reproduction is good what we want is to have laws that allow us to improve on access” Mulumba said. “We need to support the process of formulating these processes, “we can write a letter to the Minister of Trade, that we have seen this bill and that there are problems

Participants discuss barriers to access to learning materials
stakeholders listening to Mr. Mulumba

and propose recommendations for how we want these provisions to read.” He concluded.