Pregnant woman loses baby after being denied ambulance

Ms Florence Candiru is carried onto a truck with goats and goods at Olujobo Health Centre. PHOTO BY Felix Akello Warom
Ms Florence Candiru is carried onto a truck with goats and goods at Olujobo Health Centre. PHOTO BY Felix Akello Warom

By Felix Warom Okello & Clement Aluma

An expectant mother lost her child at the weekend after she was transported on a lorry carrying goats and goods following the alleged refusal of Olujobo Health Centre III workers to grant her an ambulance. Ms Florence Candiru, who had been admitted to Olujobo Health Centre III, was reportedly referred to Arua Regional Referral Hospital by health workers at the facility.

However, when she sought the services of the health centre’s ambulance, she was allegedly told that the ambulance would be transporting health workers for training at Rhino Camp Sub-county.

Her relatives were forced to hire a lorry that was passing-by the health centre to take her to Arua Regional Referral Hospital. Speaking to the Daily Monitor at Arua Regional Referral Hospital, Ms Candiru, 35, said: “After we were told that there is no ambulance, I saw death coming either to me or my child. But unfortunately the child died. All I wanted was to reach the hospital and deliver,” she said as tears rolled down her cheeks.

Her brother, Mr Francis Korubuga, who was by her side, said: “As the pain continued at Olujobo Health Centre III, the relatives went by the roadside to look for any vehicle passing by. We then landed on a truck that carried goats, charcoal, firewood and sacks of cassava.

Then we had to pay Shs130,000 to hire the truck to carry her to Arua Regional Referral Hospital.” When contacted for comment, the District Health Officer, Dr Patrick Anguzu, said he would investigate the matter and those found culpable would be prosecuted. “Our priority is first to save lives of patients,” Dr Anguzu said. However, efforts to speak to the officer in-charge of Olujobo Health Centre III, Mr Rophin Anguzu, were futile as he could not be reached on phone by press time.

The health sector in Uganda is facing a host of problems such as under funding, shortage of drugs, health workers, ambulances and equipment.

Source: http://www.monitor.co.ug/News/National/Pregnant-woman-loses-baby-after-being-/-/688334/1853740/-/a5n7u0/-/index.html

CREATIVITY: The Next Generation Solution For Life Saving Medicines In Uganda

The celebration of World Intellectual Property day to day, provides us with an opportunity to reflect on the importance of intellectual property (IP) in the lives of ordinary Ugandans. Indeed flexible intellectual property laws and policies have increasingly become relevant in today’s discussions on access to essential commodities which are critical in an economy such as ours.

As this year’s theme [Creativity: The Next Generation] suggests, we need to highlight the importance of intellectual property policy, legal and institutional frameworks in ensuring an environment for creativity while at the same time addressing the potential of intellectual property to enhance the quality of the daily lives of the people of Uganda today and the generations to come.

The World Intellectual property day also offers us a chance to reflect on the opportunities provided by Articles 7 and 8 of the World Trade Organization’s Trade Related Aspects of Intellectual Property (TRIPS) Agreement. Article 7 of this Agreement provides that the protection and enforcement of intellectual property rights SHOULD contribute to the promotion of technological innovation and to the transfer and dissemination of technology in a manner conducive to social and economic welfare. On the other hand, Article 8 gives the countries liberty to adopt measures necessary to protect public health and nutrition, and to promote the public interest in sectors of vital importance to their socio-economic and technological development while formulating or amending their laws and regulations. This position was also re-affirmed in the 2001 Declaration at Doha that “the TRIPS Agreement DOES NOT and SHOULD NOT prevent Members from taking measures to protect public health.”

See full statement hereMEDICINES

Government to embrace flexibilities in Intellectual Property laws if raised in Parliament-Minister

Written by Serunjogi Francis

The minister of Justice Hon Kahinda Otafiire has today April 22, 2013 told journalists that the government will embrace flexibilities in Intellectual Property laws if raised in Parliament to help in consumer protection.  The minister who emphasized that consumers are supposed to pay authors of books and creators of medicines also said that if relevant gaps in Intellectual Property laws in Uganda are raised by Members of Parliament, government will not hesitate in embracing them.

This was during a media briefing organized by the Uganda Registration Services Bureau (URSB) at the Uganda Media Centre in Kampala. The media briefing was aimed at informing media practitioners about a two day High level National Intellectual Property Policy Forum that will take place between 23rd and 24th of April 2013 at Hotel Africana.

According to the media brief issued at the Uganda Media Center, the purpose of the forum is to set measures for a coordinated strategy among policy makers, governments, officials, representatives from industry, research and development institutions, universities, civil societies and private sector with an aim of encouraging and facilitating effective creation, protection and management of intellectual property with in the national development framework.

Intellectual property (IP) refers to creations of the mind, which include inventions, literary and artistic works, symbols, names, images, and designs used in trade. IP rights are, therefore, the entitlements given to owners of IP, in form of patents, copyrights and others.

However, much as these rights give the creator or inventor the legal right to prevent others from benefiting from their idea except with their permission, the human rights principles and mechanisms require that Intellectual Property rules do not stifle access to essential goods for the welfare of society, particularly in least developing countries (LDCs) with relatively lower levels of innovation.

LDCs such as Uganda, are struggling to conform to new global standards of Intellectual Property protection as prescribed by the multilateral Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

The World Trade Organisation (WTO)’s Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreements are minimum standards which allow countries to provide reasonable protection of intellectual property with an aim of promoting access to essential commodities.

Incorporating these in Intellectual Property laws of a country help in consumer protection thus access to essential commodities.

CEHURD

Strict Interpretation of Political Question Doctrine a Challenge to Realizing the Right to Health-Human Rights Commission Report 2012

Written by Serunjogi Francis
Photo3-The-Coalition-to-End-Maternal-Mortality-members-hold-a-press-conference-before-the-marchOn the 3rd March 2013 the Uganda Human Rights Commission launched its 15th Annual Report on the state of Human rights and freedoms in the Country. According to the Report, the Constitutional Court’s opinion that issues raised in the Constitutional Petition No 16 of 2011 were of a political nature and should be left to the Executive and the Legislature to determine makes it a challenge to enforce the right to health including access to quality health care and services.

“It is of great pleasure that the Uganda Human Rights Commission is starting to pay close attention to health issues, said Ms. Noor Nakibuuka the Strategic Litigation Manager at CEHURD. Ms Nakibuuka also commended the Commission for appreciating CEHURD work.

According to the Uganda Demographic health Survey 2011, the maternal mortality ratio increased by 1% from 435 deaths per 100,000 births in 2006 to 438 deaths per 100,000 births in 2011. However, the Uganda Human Rights Commission Report estimates that the maternal mortality ratio outside health facilities could be 500 deaths per 100,000 births. This as mentioned in the report is attributed to delay of women to seek medical help, lack of blood products and staffnon-action.

In 2011 the Center for Health Human Rights and Development (CEHURD) and three others petitioned the constitution court in Centre for Health Human Rights and Development (CEHURD) and 3 Ors versus Attorney General, Constitutional Petition no 16 of 2011.

The grounds of the Petition were that the non-provision of basic indispensable health maternal commodities in government health facilities and the imprudent and unethical behavior of health workers towards expectant mothers are inconsistent with the 1995 Constitution of the Republic of Uganda and a violation of the right to health

However, at the hearing of the case, the Attorney General raised a preliminary objection that the issues raised in the petition involve the political questions not within the mandate of the Constitutional Court to handle which was upheld by the Court.

The Constitutional Court interpreted strictly the doctrine of separation of powers where by a particular function is restricted to the corresponding organ of government where the personnel of the three organs of Government are distinct and the independence of each branch of government is immune from undue encroachment from any of the others. It is upon this background that the Uganda Human Rights Commission concluded that, this strict interpretation makes it a challenge to enforce the right to health including access to quality health care and services as a Constitutional right.

However, the Center for Health Human Rights and Development (CEHURD) filed an Appeal (Constitution Appeal No.1 of   2013) in the Supreme Court challenging the ruling of the Constitutional Court.

CEHURD strengthens partnership with UNCTA and other CSOs to promote tobacco control in Uganda

By Serunjogi Francis
Center for Health Human Rights and Development (CEHURD) joined Uganda National Tobacco Control Association (UNTCA) and other CSOs to form a coalition with an aim of promoting the campaign on tobacco control in Uganda.

This was witnessed in a training workshop organized by Uganda National Tobacco Control Association (UNTCA) on the 27th- 28th March, 2013. The training aimed at building capacity for increased efficiency and effectiveness of fundraising campaigns and to inform managers and fundraisers among Tobacco control CSO stake holders on types of fundraising and how to approach donors for grants.

The workshop among other activities are all carried out with one major goal; to build capacity and a strong partnership of Civil Society Organizations for effective tobacco control activism in Uganda and to support the tobacco control Bill passage.

According to Mr. Gilbert Muyambi the Executive Secretary UNTCA, globally 560 people die due to tobacco related illnesses every hour, 13,400 people die every day, 4.9 million people every year, and it is estimated that by the end of the year 2030, 10 million people will have died from tobacco and out of those deaths, 70% will have  occurred in developing countries like Uganda.

According to the Uganda Demographic and Health Survey 2006, almost a quarter of Ugandan males (22%) aged between 15 and 49% are smokers while 4% of females are smokers.
It is upon this background that UNTCA and other partner organizations CEHURD inclusive strongly believe that there must be control on tobacco. This can be achieved through the Tobacco Control Bill 2012 that is to be tabled in parliament by Hon. Chris Baryomunsi, MP Kinkizi West.

The Tobacco Control Coalition is therefore geared towards among others sensitizing all relevant stakeholders that play critical roles as regards tobacco control and thereby ensure that the Tobacco Control bill is passed.
CUHURD.