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By Noor Nakibuuka

On 10th and 11th July 2023, Africans converged in Nairobi, Kenya to commemorate 20 years of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Maputo Protocol). The protocol was adopted on the 11th of July 2003 in Maputo. It is one specific piece of legislation that advances women’s rights in Africa.

The celebrations come in at a time when most African countries are facing retrogression in advancing women’s rights. Uganda, for example, has had several incidences where access to sexual and reproductive health and rights for girls and women, which is a key pillar in this protocol, is on a descending trajectory. At the same time, other countries like South Sudan have taken bold steps to adopt the protocol given its importance in advancing women’s rights in Africa. South Sudan makes the 44th country out of 55 African countries to adopt the protocol.

As we commemorated the 20 years of Maputo, the Center for Health, Human Rights and Development (CEHURD) had an opportunity to engage in one of the side events that were organized by IPAS Africa Alliance in collaboration with other partners like Akina Mama wa Afrika to specifically focus on Article 14 of this protocol. The article  discusses access to safe abortion as a key human rights issue. From the discussions, it was emphasized that indeed many African countries should look into this instrument to advance women’s rights to access safe abortion, since many still have archaic legislations that restrict the same at domestic level.

While speaking at this side event, Commissioner Njie Sallah of the African Commission on Human and People’s Rights specifically highlighted the importance of this article that, “the article is one that we would all wish to retain, highly guard and utilize it to advance women’s rights. Many African countries do not have such a progressive legislation when it comes to this issue and it’s important that as human rights activists, leaders, pan Africans, government officials, deeply think about the importance of this article”. The Maputo Protocol is one of its kind.

The commemoration also comes at a time when many countries have boldly advanced conversations around access to safe and legal abortion. In Uganda, the Constitution allows Parliament to enact a law regulating termination of pregnancy. However, since its promulgation in 1995, parliament has not taken such a step. This prompted CEHURD to institute a legal case in the Constitutional Court for an interpretation of this particular constitutional provision. The existing Penal Code Act, was enacted over 70 years ago and does not address public health discussions that have since been advanced by the colonialists including Britain to put aside such legislations. The court is yet to issue a ruling in this matter.

Uganda is celebrated for having boldly ratified the Maputo Protocol. While the state entered a reservation on article 14(2)(c) of the same, pertaining to reproductive health and safe abortion, commendable steps have been taken to advance the rights of women. Uganda enacted various pieces of legislation that place women at the forefront of decision making. Beyond the Constitution that stipulates equality, non-discrimination, the maternal role that women play in society, and the leadership of women, among others, the Domestic Violence Act, 2010, Equal Opportunities Commission Act 2007, the Penal Code Act cap 120, the Public Finance Management Act, 2015, et cetera, have provisions that advance gender equality and women’s rights.

At the 20th anniversary of Maputo, it is worthy to note that this protocol is special. Of all the regional and international human rights instruments that Uganda and other African countries have ratified, the Maputo Protocol is one of a kind and a lot of attention is paid to it. Implementation of the Maputo Protocol has been the core agenda under the Solidarity for African Women’s Rights (SOAWR) to which CEHURD is a member together with 62 other Civil Society Organisations working across 32 African countries to protect and advance women’s rights. SOAWR has ensured that each of the African member countries works towards the implementation of the protocol and reports back to the committee even when governments have fallen short of this reporting.

CEHURD celebrates SOAWR, for having taken this bold step. We will continue to work to ensure that women’s rights are recognized, protected, respected and fulfilled.

The writer is a Lawyer and Deputy Executive Director – Programmes at Center for Health, Human Rights and Development (CEHURD). 

Terms of Reference for the Uganda National Conference on Health, Human Rights And Development (UCHD) 2023’s Coordinator

Center for Health, Human Rights and Development (CEHURD) is seeking for the services of a competent and experienced large events organiser to coordinated the upcoming Uganda National Conference on Health, Human Rights and Development for a duration of Five (5) months (June – October 2023).

Deadline for submission of applications is Friday 26th May 2023.

Download attachment below for details;

Parliament should save our ailing health system

The Ministry of Health has made significant strides in improving access to health services with 91 percent of  Ugandans now leaving with 5km of the health facility. Reduction of budget allocation to health will roll back the achievement made this far. Investment must now be directed at functionalising these health facilities. 

By Peter Eceru

Parliament is currently scrutinising Ministerial Policy Statements for the 2023/2024 Financial Year. The statements are the equivalent to the draft Budgets for the subsequent financial year. For most people, discussions on the budget does not make sense because it is perceived not to add value to their lives. Unfortunately, for millions of Uganda, whose lives depend on access to health care, is dependent on the public health delivery system these conversations are a question of life and death.

Adequate allocation to the health sector is critical to promoting equity in health service delivery. In the next financial year, the health budget allocation is projected to drop to about 6.5 percent of total budget from 7.7 percent as provided in the current budget. The drop is worrying development and must be arrested by Parliament during the current budget scrutiny. To put this into perspective, it is important to look at some macro-economic factors that have a direct impact on the health budget. 
In Uganda, the annual population growth rate is about 3 percent per year. The increasing population calls for increased investment in public health. Also, the Uganda shilling is projected to lose value against the dollar. This implies the cost of importing a unit of drugs and other health equipment will become more expensive in the coming year than it is this year. Prudent budget allocation will, therefore, demand that the allocation of resources to health should take into consideration these macro-economic considerations.

The Ministry of Health has made significant strides in improving access to health services with 91 percent of  Ugandans now leaving with 5km of the health facility. Reduction of budget allocation to health will roll back the achievement made this far. Investment must now be directed at functionalising these health facilities. 
In Uganda, 71.6 percent of the Out-patient Department attendance is at health centres II and III. Similarly, 56 percent of deliveries take place there. To foster health equity, public health financing must ensure that the quality of service at these lower health facilities is improved because they help decongest the higher health facilities.  
Improving the quality of health service delivery means investing in essential medicines and health supplies, strengthening human resources for health, investing resources in primary health care, ensuring that there are medical equipment and that they are functional, among others.

The draft budget does not respond to the above needs and in some cases, financing has been reduced.  National Medical Stores is projected to receive about Shs537.6 billion in the next financial year with a funding shortfall at Shs245 billion. The biggest funding gap for essential medicines is in health centre IIs accounting for about Shs17 billion. At the height of the drug stockouts earlier this year, we argued that funding was one of the driving factors for drug stockouts in the public health facilities. This budget making process gives Parliament an opportunity to conclusively address stock out challenges. 

Last year, Parliament allocated Shs23 billion for Uganda Blood Transfusion Service and made a proposal for progressive increase in the budget for blood collection, processing and distribution. Unfortunately, government has instead proposed a reduction in the budget for blood from Shs23 billion to Shs21 billion.  The reduction will mean that Uganda Blood Transfusion Service will be incapable of closing the gap of 150,000 units of blood needed by patients in Uganda with the possible result being that more Ugandans will die. 
Financing for service delivery, including health is usually dependent on availability of resources and we have consistently argued that we need to tap into all available opportunities including health insurance. 
We also need to aggressively ensure that every one pays their fair share of the tax that is due to them. Uganda currently loses more than Shs7 trillion annually to tax exemptions that would be channelled to service delivery. These have a direct impact on the country’s ability to provide quality health service delivery for its citizens. Government needs to urgently review its policy on tax exemptions.

The writer is the Program Coordinator- Advocacy at Center for Health Human Rights and Development (CEHURD)

A version of this article was published in the Daily Monitor on April 24th 2023.

We need a healthy, violence-free society

 The world would be better off with more women as leaders, entrepreneurs, and agents of change for development.

Ms fatia kiyange
We have made tremendous progress toward achieving women’s rights over the years. However, massive gender gaps persist. There are still increased cases of gender-based violence and women continue to provide the biggest percentage of unpaid, but essential care work.

Transformative change toward gender equality requires further investments, changes in law and policies, interventions to shift social and gender norms, and the audacity to change power relations. For example, we urgently need a witness protection law that ensures that witnesses and survivors of gender-based violence are protected.

We also need to invest in the establishment of gender-based violence shelters where survivors are able to access a full range of services including psychological support. Our public health system that serves most women is substantially under-resourced to guarantee the right to health for the most vulnerable women in our community. The world would be better off with more women as leaders, entrepreneurs, and agents of change for development.

Women and girls are still struggling to access health services and that women and girls are disproportionately affected by barriers to accessing and using health services. For example, women and girls experience structural barriers, including financial hardship, lack of transport (especially in rural areas) and lack of time because of a care burden or other unpaid labour. The existence of specialised sexual and reproductive services for women is essential in addressing the huge structural barriers that women and girls across the world experience in accessing health care. Much more must be done to communicate the importance of gender as a barrier to access health services.

Processes for achieving Universal Health Coverage are gender blind, and COVID-19 has shown that women and girls are still being left behind. Cases of Gender Based Violence, teenage and unplanned pregnancies skyrocketed during the pandemic. To achieve Sustainable Development Goal 3 of health and wellbeing for all, it is imperative to transform health systems so they are intersectional- and gender-responsive.

The writer is the Executive Director for Center For Health Human Rights and Development.

A version of this article was published in the New Vision Newspaper page 40, on Wednesday March 8th 2023.

Equal Division of Unpaid Care Work is The Way To Go

By Seth Nimwesiga

“So they are no longer two, but one flesh. 

… therefore, what God has put together, 

no man shall put asunder…” 

Matthew 19:6

In the verse above, the Holy Bible emphasizes union and oneness upon marriage of man and woman with crystal clarity. For the non-believers, the supreme law of the land suffices. The Constitution of Uganda is explicit on equality in marriage. It prescribes the entitlement of married people to enjoy equal rights during and at the dissolution of marriage. 

For a couple, their equal rights necessitate equal duties and responsibilities, equal obligations, and equal contribution to acquisition, development and maintenance of matrimonial property. This contribution can be direct or indirect; monetary or non-monetary.

In a recent judgement vide Ambayo v Aserua (Civil Appeal 100 of 2015), the Court of Appeal recognized unpaid care work as that form of work that is not compensated by way of wages. It includes caring for children, cooking, cleaning, doing laundry, fetching water, et cetera. Court reasoned that the non-monetary contribution or unpaid domestic care work ought to be computed at the market value of the of the services offered based on the knowledge, skills and character of the service provider labourer, a spouse in this instance, so as to determine the value of one’s contribution to matrimonial property.

The judgment followed a divorce petition filed by a wife, and a counter petition filed by her husband in the High Court of Uganda wherein they both settled by consent on all grounds bar the wife’s claim for an equal share in the matrimonial property. At the court of first instance, the judge ordered for a sale of the matrimonial home and an equal division of the proceeds. In the opinion of the husband, the High Court occasioned a miscarriage of justice when it found that the wife contributed to the acquisition and development of their matrimonial property, and ordered for a 50% share of the proceeds from the sale of that property, which prompted him to appeal. The Court of Appeal has now reversed the decision of the High Court in part and instead deemed a 20% share sufficient to compensate for the wife’s unpaid care work.

The question of compensation for unpaid care work is a reasonable one. It is good music to my ears that unpaid care work is recognized, though unfitting to put a price to it for a married person. In fact, unpaid care work in a home should be shared. That way, the men would get to appreciate how priceless such work is. In prescribing for equal rights in marriage as stated before, the Constitution also implies equal duties, such as equal division of care. This, however, is not the practice in our society, generally.

The case in discussion could not have come at a better time for the court to give the text ‘equal rights in marriage” as is in the provision of a progressive constitution, their true and natural meaning. The case came at the time when our society is progressing on affirmative action for women empowerment. According to a 2022 UN Women gender snapshot of the progress on the Sustainable Development Goals, it will take about 286 years to overcome discriminatory laws and close the gaps in the legal protections for women and girls. Through judicial activism, courts have the power to build on the current steps to achieve gender equality, especially in a society that has apportioned gender roles that set men as the providers and women as primary caregivers, which creates power imbalances and often works against the latter.

It is not uncommon that many times, women lay their hands on domestic unpaid care work to act as springboards for men to run the errands that ‘put food on the table’. By shouldering this domestic work and creating room for men to do paid work, the women are directly contributing to the economic wellbeing of the family most times at the expense of their own careers. For married people, it should neither be categorized nor valued as a business.

Equality is just that; equality. It was never the intention of our Constitution to give with one hand and take away with the other, equal rights in marriage. Courts should therefore proactively promote gender equality and steer clear of any norms, customs, beliefs and practices that promote the opposite.

There is a need for a government policy to regulate and regularize equal division of care work in families. This would go a long way in countering the gender imbalances in our society.

The writer is a Policy Advocacy Officer, Generation Gender Project, CEHURD.

A version of this article was published in the New Vision newspaper on March 8th 2023.