By Wasswa Paul

On Friday 20^th October 2017, Center for Health, Human Rights and Development [CEHURD] with support from Right Here Right Now held the 4^th Annual National Inter-University Constitutional Law Moot Court Competition at Kampala International University. The theme of the Moot was “Litigating the Right to Health”.

The Moot saw 10 Universities accredited by the Law Council to teach Law in Uganda participating, these included; Cavendish University, Islamic University in Uganda- Kampala Campus, Islamic University in Uganda- Mbale Campus, Uganda Pentecostal University, Bishop Stuart University-Mbarara, Makerere University, Uganda Christian University Mukono & Kampala amongst others.

Students argued for and against the case of William Ozodreka, a secondary school student living with HIV/AIDS who advocated for the teaching of Comprehensive sexuality education in his school. The School which was unwilling to teach Comprehensive sexuality education dismissed William Ozodreka and after his dismissal, he was tortured by the School’s officials. Activists took up the case and approached the High Court of the Republic of Ford to seek appropriate redress. In the High Court, students made a case for the teaching of Comprehensive Sexuality Education. They argued that the Ban on the teaching of C.S.E is unfounded in Law as it deprives secondary school going children a chance to know and learn about body changes, live responsible lives so as to become better citizens.

When William Ozodreka decided to change strategy after having noticed that the High Court was not the most appropriate forum to entertain his suit, he went to the Constitutional Court to which students argued that the ban on Comprehensive sexuality education in schools is unconstitutional as it deprives students in secondary schools a right to education and access to information. Students who argued against the William’s case raised the Political Question Doctrine and the case was dismissed on Technicalities.

In the Final round, an appeal was filed by William Ozodreka in the Supreme Court and students were expected to formulate grounds of Appeal in the Final Round and to argue for and against the Appeal.

The final round of the Moot was presided over by Her Lordship Lady Justice Dr. Esther Kitimbo Kisaakye and other panelists included Professor Ben Twinomugisha of the School of Law-Makerere University, Her Lordship Rtd Justice Elizabeth Nahamya, Dr. Daniel Ruhweza of the School of Law- Makerere University and Ms. Primah Kwagala, the Program Manager of the Strategic Litigation Department of the CEHURD.

Once the students made presentations before the Judges, the judges awarded marks to each of the  presenters and they gave their observations about each presenter’s oral submissions.

At the end of the Competitions, out of the 10 Universities that participated, Uganda Christian University- Kampala Campus emerged as the 1^st Runner Up and Makerere University emerged as the overall winner of the 4^th Annual National Inter-University Constitutional Law Moot Court Competitions with the Best Memorial as-well. The  winner team took home a trophy.

Makerere’s Mr. Murungi Patrick emerged,  best Oralist in the final round of the competitions and he was awarded a 3 month Internship at the Center for Health, Human Rights and Development.

Moots are organized by CEHURD to enable students learn the Art of litigating cases that essentially touch on the Right to Health within Uganda’s Legal framework and Courts of Law they are also trained in legal writing, arguing cases in court, preparation of court pleadings, professional conduct and demeanor while in court.

In a bid to improve access to Quality HIV services as well as addressing Sexual and Gender Based Violence (SGBV), the Center for Health Human Rights and Development with support from International Development Law Organization (IDLO) and ViiV Health Care is conducting capacity building exercises for different stake holders in Mukono and Gomba Districts.

During these engagements, it has been realized that parents have a great role to play in regards to reducing cases of SGBV among Adolescent Girls and Young Women (AGYW). The Capacity Building exercises conducted are aimed at enhancing capacities and knowledge of different stakeholders by equipping them with knowledge and skills to demand and provide quality HIV related service for AGYW as well as protection against SGBV and discrimination. The training workshops are targeting Community Paralegals, Community Based Organization Actors, Police officials, Health service Providers, District Officials, Justice and Law Sector actors among others.

During the training for Community Paralegals for example, AGYW gave their experiences on how Parents can be of great importance when it comes to reducing cases of SGBV which are among the reasons for increased prevalence of HIV amid AGYW.

Ms. Annette a resident of Kasawo in Mukono narrated her story about how she survived being defiled by her Father’s friend. When I was 15 years a friend to my dad once called me and asked me if we could go to the shop and he buys me something to eat. When we reached a dark corner on our way to the shop, he grabbed me and dragged me to the bush. I was not aware of what was going on. He immediately rushed to my knickers. Thank God our senior woman teacher had told us how to deal with such a situation. Our teacher had told us that if a man rushes to your under garments with force, pretend as if nothing is wrong but make sure you kick or beat them hard on their private parts and run. When I was in that situation, the old man tried to tear up my knickers but all I did was to tell him I could remove them myself as I concentrated to save myself from that beast. As he approached me all relaxed, I managed to kick his private parts and ran off as he was nursing his pain. Annette sadly noted that she could not report that incident to her father because she first of all feared her parents a lot and did not think anyone could believe in her. This therefore means that parents must be free with their daughters to give them chance of disclosing to them worst experiences they go through in life and thus finding ways of helping them out.

It was also comprehended that parents have a role to respect their responsibility of paying school fees for their children to offer them a chance of acquiring knowledge and thus enabling them to make informed decisions in life. Many parents have abandoned their responsibility of taking their children to school which has exposed them to risks as they try to look for school fees elsewhere.

Ms. Allen Mutyaba a resident of Kanoni narrates her sorry of how she experienced SGBV just because her parents failed to raise her school fees. When I was 14 years old my parents could not afford paying my school fees. A Good Samaritan, a friend to my mother, asked my parents if she could go with me to her home and take me back to school. She got me back in school but my excitement turned into pain and tears shortly after her husband started coming to my bedroom at night when his wife was asleep. He threatened to send me back to the village if I told anyone about it. Often times when I refused he would insert his penis in my mouth. This went on for three years, all because of my need for school fees. On day I heard rumors that this man was HIV Positive. This news gave me courage that one night I slept with a knife, ready to stab him if the attempted to force himself on me. When he came to my room I stabbed him on the thigh and in the morning I reported him to his wife who immediately took me back to the village as she claimed I was going to spoil her marriage. On telling my mother about the whole story she took me for an HIV test. I would ably confirm that testing negative was the first miracle I ever witnessed since this man was HIV positive.

Many AGYW out there go through such cases and remain silently violated. This why CEHURD has come up to empower these AGYW as well as engaging with parents and caretakers to remind them about their roles and responsibilities when it comes to addressing SGBV among AGYW.

CEHURD is therefore employing Legal Empowerment and Social accountability mechanisms to address the existing systematic inequalities and obstacles to health service access as well as responding to Sexual and Gender Based Violence (SGBV). This will therefore lead to systemic improvements that will benefit all Adolescent Girls and Young Women in the targeted communities.

Center for Health, Human Rights and Development (CEHURD) is today holding a training of Health professionals on the legal defense of the Harm Reduction  Model at Eureka Place in Kampala.

The training is aimed at increasing  health worker commitment to utilize the harm  reduction model  in providing the needed and relevant legal and safe abortion services. Using the Harm Reduction model can greatly reduce harm before and after to save the lives of the women that are lost to complications as a result of clandestine unsafe abortions.

”Young women have approached us on various occasions seeking services to  terminate unwanted pregnancies.  We offer them counseling services,  but when they go, they later return with abortion complications. Some buy drugs others use instruments to terminate pregnancies. Then they return to us for post abortion complication treatment. Government should allow abortion to specific circumstances like rape, defilement, incest etc because these are the cases we see every day. We believe if this is done, it will reduce the deaths of women that occur as they try to terminate these pregnancies ” a  midwife remarked.

Uganda has one of the highest rates of unsafe abortion in Eastern Africa. According to the recent report released by the Guttmacher Institute, the estimated rate of 54 abortions per 1,000 women of reproductive age  is far higher  than the average  of 39 abortions per 1,000 women from East African region. It is also important to note that Uganda still implements very archaic colonial legislations that restrict safe abortions and end up endangering lives of women. Training health service providers in the Harm reduction model therefore allows women access accurate information on access to safe and legal abortion

The training has attracted a number of  service providers including obstetricians and midwives who have shared their experiences and the dilemma they face in providing abortion services including counseling and post-abortion care. They have remarked that the Harm Reduction Model and its legal defense are critical and timely for the work they do since they take oaths to save lives at all costs.

MEETING WITH ROTARY CLUB PRESIDENT ON SAVE A MOTHER CAMPAIGN.

 “Of late, there is increased media awareness on maternal health rights. It was thus easy for us to identify the Center for Health, Human rights and Development as the leading institution of maternal health advocacy in Uganda. We have seen you institute cases of maternal deaths and reaching out to the most vulnerable women in this country. When one checks online, your work is visible. When Rotary Club of Wandegeya Kampala called on stakeholders to the launch of the “save a mother campaign” you did not hesitate, you quickly responded and showed commitment by turning up, we visibly saw you, we saw your banners, tear drops and CEHURD was all over. This was a determination that we could work together. It’s not surprising therefore that when the board of the club, your name appeared on the list of those we wanted to have on the committee for the campaign. We are grateful that even when we sent an email, your response was prompt.” Daniel Lubogo, President Rotary Club of Wandegeya, Kampala during a meeting held with CEHURD on 25/1/18.