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Rights body sues Government, Umeme for blackout in hospitals

By Anthony Wesaka

A Human Rights body has lodged a complaint against the government, power distribution company UMEME, and the Electricity Regulatory Authority (ERA) over indiscriminate load shedding in public hospitals, which has led to many avoidable deaths of patients.

Center for Health, Human Rights and Development (CEHURD) lodged the complaint before the Human Rights Commission (HRC) in Kampala recently.

The complaint follows a story which ran in Daily Monitor on January 12 about how doctors in Jinja Referral Hospital were grappling with the challenge of keeping patients alive against constant power cuts. It was reported that over 150 patients had died in a space of six months due to unstable power supply and load shedding.

The complaint also highlights the temporary closure of Entebbe hospital recently due to rampant load shedding, which action they say violates the right to life and is discriminatory.

“This complaint is about the indiscriminate load shedding, including public hospitals, which has denied the citizens of their right to access to health care and in some cases either directly or indirectly led to the death of patients,” reads the complaint in part.

CEHURD faults the government for failing in its obligation to protect its citizens from third parties (ERA and UMEME).

The rights body furthers states that load shedding public health facilities which already have electricity supply is retrogression on the part of the government.

“Indeed the delegation of the government’s responsibilities of providing these essentials such as electricity (even to health facilities) to entities such as the ERA and UMEME does not mean delegation of the government obligation,” the complaint further read.

The complaint comes at a time when 24hr load shedding is set to continue until May this year.

CEHURD now wants the HRC to declare that electricity load-shedding in public hospitals is a violation of the right to health and the right to life.

They also want a permanent injunction restraining Umeme from load-shedding health centers and hospitals.

Background 
The complaint is brought under Articles 51, 52, 53, 45 of the constitution and Section 7 of the Uganda Human Rights Commission Act Cap 24. Under Article 53 of the constitution, the commission has the mandate to investigate complaints of human rights violations before it from a person and or a group of persons.
In so doing, the Commission is independent and is endowed with powers to commit anyone for contempt of its orders and order for any legal remedies, redress and other redresses.

awesaka@ug.nationmedia.com

Posted on Categories News 30 Comments on GOVERNMENT DRAGED TO COURT OVER LAWS THAT CALL PEOPLE WITH MENTAL DISABILITY AS IDIOTS AND IMBICILES

GOVERNMENT DRAGED TO COURT OVER LAWS THAT CALL PEOPLE WITH MENTAL DISABILITY AS IDIOTS AND IMBICILES

On 22nd December 2011, the Centre for Health, Human Rights and Development         (CEHURD) together with one of the survivors of mental disability dragged the Ugandan government to court over referring to persons with mental disabilities as idiots and imbeciles which according to them is derogatory inhuman and degrading.

 

The two petitioners in Constitutional Petition No. 64 are challenging the constitutionality of the Trial on indictments Act and penal code Act as they violate the rights of persons with mental disabilities. They argue that the two legislations are archaic and do not conform with the1995 Constitution of the Republic of Uganda and the United Nations Convention on the Rights of Persons with Disabilities to which Uganda is a signatory.

 

“The constitution is the supreme law of the land and any law that is inconsistent with it is null and void to the extent of its inconsistency. Persons with mental disabilities equally have and should enjoy the same rights contained in the constitution; there is no reason as to why they should be discriminated by the two legislations which are colonial and inconsistent with the needs and requirements of Ugandan and international law” Says Mr. Mulumba Moses the Executive Director for CEHURD.

 

In addition to challenging the archaic colonial laws, the petitioners are also aggrieved with the laws that adjudge persons with mental disabilities who are not proven guilty as criminals by referring to them as criminal lunatics. They contend that the practice of detaining them in prisons for years awaiting a minister’s order on whether they are able or unable to stand trial violates their rights guaranteed under the constitution

 

Mr. Yiga Daniel one of the petitioners says “mental illness is not a permanent medical condition and by referring to persons with mental illness as idiots and imbeciles and as criminal lunatics before they are adjudged so, the law itself is being abusive.”

 

CEHURD is a not for profit company limited by guarantee registered in 2009 working towards an effective, equitable, people centered public health system that ensures the full realization of the right to health and promotes respect for human rights.

 

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