Press Statement; CEHURD and Nakayima Fatumah V. The Executive Director, Mulago National Referral Hospital and Attorney General Misc Cause No. 327 of 2016.

After over 7 years of litigation, a positive ruling was delivered by the High Court of Uganda (Covil Division) in Miscellaneous Cause No. 327 of 2016, a case involving CEHURD and Nakayima Fatumah against the Executive Director, Mulago National Referral Hospital, and the Attorney General.

Court ordered thatΒ Fatumah be given a monetary compensation of UGX 50 million, given the psychological trauma she went through that affected her mental health and well-being.Β  Court also declared and ordered that the failure of the Hospital to give Fatuma her baby after birth and provide her with information concerning the whereabouts of her baby dead or alive, is a violation of her right to health.

Subsequently, we convened a press conference to disseminate the declarations and orders of the court to stakeholders.

Tap to Access >;Β  Press Statement; Fatumah case

Report for the Uganda National Conference on Health, Human Rights and Development (UCHD)

The report for the monumental Uganda National Health Conference on Health, Human Rights and Development (UCHD) is now available for download.

CEHURD in partnership with the Ministry of Health and the Makerere School of public Health with support from partners hosted the inaugural Uganda National Health Conference on Health, Human Rights and Development, under the theme; β€œThe Right to Health: A Vital Component in Achieving Sustainable Development Goals (SDGs)” from 27th to the 29th September, 2023.

Download full report for detailed insights; Β Β UCHD Conference Report

Beyond Rhetoric: Let Us Address the Root Causes of Gender-Based Violence in Uganda

By Grace Awilli

In a parliamentary plenary session on November 23, 2022, the Minister of Gender, Labour, and Social Development passionately addressed the floor, commemorating the 16 days of activism against Gender-Based Violence (GBV). Despite the minister’s optimistic portrayal of government actions against GBV, the stark reality, as revealed by the National Survey on Violence Against Women (2021) and the Uganda Police Annual Crime Report for 2021, painted a distressing picture. An alarming 95% of respondents reported experiencing physical or sexual violence, and 16,242 cases of GBV were reported in the same year.

This fragility in GBV prevention and response efforts, showed an escalation in cases, particularly of teenage pregnancies and child marriages.

During parliamentary debates, Members of Parliament demonstrate fervent commitment by passionately voicing their concerns and the pressing need for the passage of pivotal bills, such as the Sexual Offences Bill, emphasizing their profound potential to address the pervasive issue of gender-based violence (GBV). The recognition of the bills’ significance in the fight against GBV reflects a collective acknowledgment of the legislative tools required to combat this societal challenge.

The importance of awareness creation regarding GBV emerges as a recurring theme, resonating with various stakeholders. Their collective emphasis underscores a shared understanding of the role education and advocacy play in fostering a culture of intolerance towards GBV. This recognition suggests a united front in promoting societal consciousness as an integral component of a comprehensive strategy to eradicate gender-based violence.

While the Ministry of Gender has championed laws such as the Domestic Violence Act and male engagement strategies, implementation remains a significant hurdle. The legal and policy framework aligns with international standards, but the non-implementation of these laws, policies, and strategies is the primary challenge. Government institutions tasked with GBV prevention lack resources, hindering their effectiveness.

The Child and Family Protection Unit of the Uganda Police Force, for instance, operates without a dedicated budget line, relying on district police leadership and partners for support. At the local government level, the under funding of the community services department, responsible for GBV data collection and non-state actor coordination, further impedes progress.

Critical to the resolution of the GBV challenge is a gender-sensitive justice system, essential for victim protection and holding abusers accountable. Unfortunately, Government institutions that are at the forefront of GBV prevention and response are constrained by limited resources and as a result, GBV prevention and response has substantially been left to Non-Governmental Organisations, which poses significant dangers.

It is crucial for the government to allocate adequate financial resources to ensure the effective implementation of existing legal and policy frameworks. As evidenced by the ownership and management of GBV shelters predominantly by civil society organizations, NGOs play a vital role in providing comprehensive care and support to victims.

Measures such as promotion of a gender-sensitive justice system, coupled with the passage of Witness Protection and Legal Aid laws, will protect vulnerable survivors during trials and ensure access to free legal support. The Parliament, in its legislative and appropriation function, can be the driving force behind these changes, ultimately improving GBV prevention and response in Uganda.

Concerted efforts to address the root causes of gender-based violence for a safer and more equitable society will go a long way in addressing GBV in our communities.

The writer is a lawyer at the Center for Health, Human Rights, and Development.

Developing a New Instinct during my Internship Placement at CEHURD

By ChlΓΆe Shahinian

Within ten minutes of my arrival at the Center for Health, Human Rights and Development (CEHURD), I was partaking in the traditional Monday morning reflections and update meeting for all staff. I tried to keep up with the various staff updates and absorb all of the acronyms being used and the names of the projects being referenced. Later in the day, when the Strategic Litigation (SL) team met separately for a program meeting, I got to learn more about the ongoing work of the team with which I would be interning for the next two months,I knew that the Summer was guaranteed to be filled with new and exciting opportunities.

I found out on my second day that a supervising lawyer would be taking me to the Magistrate’s Court in Entebbe the following day. Having never been to court in Uganda, or Canada for that matter, I was grateful to have such an interesting learning experience so early in my internship. CEHURD, as part of its legal aid clinic services, was attending court to watch brief on a criminal case where a woman had been raped by a healthcare worker while seeking emergency medical care at a hospital. CEHURD’s mandate to attend court in the case was derived from instructions given to them by the survivor. Upon arrival at court, my supervising lawyer guided me to the Registry Office where we handed over various photocopies of the prepared Notice to Watch Brief. These were then each stamped and quickly slipped back into our case file. Next, we exited the grounds of the Court to visit the Office of the Resident State Attorney, where our documents needed to be stamped once again. I sat precisely where my supervising lawyer pointed to and watched in rapt interest as discussions in Luganda (a local language spoken in central Buganda, Kampala) took place around me.

Upon the arrival of the State Attorney, our documents received their final necessary stamp, and we were off to the courthouse again, this time walking and talking with the State Attorney as we made our way. Once we arrived in the courtroom, my supervising lawyer and I slotted into two available spots in the front row of the public seating, and we waited as the accused in the day’s cases were guided into the room by prison warders. When our case name was called, we rushed to leave the courtroom and enter the Magistrate’s chambers, where sexual offense cases are typically heard for reasons relating to the privacy of survivors, and where we finally submitted our paperwork. What seemed like two minutes later, before I could even process what had happened, my supervising lawyer gestured for me to exit, and I realized that we were done at court for the day. β€œWhat happened?” I asked my supervising lawyer, β€œare we done?” I was told that we had adjourned, on the request of the State Prosecutor, to another day as the necessary Committal paperwork had not yet been completed for referral to the High Court which is clothed with the jurisdiction to try offenses of that magnitude. In the moment, it felt like we had spent half a day of work driving to and attending court, only to be returning to the office empty-handed. However, this experience early in my internship has become an example of a quality I have come to see defines CEHURD as an organization: resilience.

In full transparency, I can’t take credit for the word resilience. I first thought about it as a potential guiding theme for this blog post during CEHURD’s whole-organization Project Review Meeting, which took place in the second week of my internship. At the conclusion of the meeting, CEHURD’s Executive Director, Fatia Kiyange, speaking about the implementation of one of the organization’s largest projects, highlighted the resilience of the project’s implementers in the face of various challenges. It occurred to me that resilience was a fruitful lens through which to consider much of the organization’s work, especially in my position as an intern with the Strategic litigation team (SL). The importance of resilience in human rights work became especially apparent to me in the first weeks of my internship when I was tasked with working on an organizational report that would analyze cases in which CEHURD had received a negative judgment and lessons learned from the litigation strategies adopted in those cases. Working on the report allowed me to familiarize myself with CEHURD’s past litigation and helped me to better understand how the SL team has modified its litigation strategy, specifically in cases on appeal, when faced with a negative judgment at a lower court. The report, I realized, was in effect an analysis of CEHURD’s resilience.

As time went by,Β  I had the privilege to go into the field and see how the SL team manages its ongoing litigation. I learned that working as a member of the team is a lesson in resilience. For instance, at the High Court in Mukono, a case in which CEHURD is a co-applicant was adjournedΒ  because two Respondents had not yet submitted their written submissions despite having previously been ordered by the Court to do so. This case relates to a clean and healthy environment which was filed by CEHURD and Others, National Environment Management Authority (NEMA) and Mukono District Local Government, Civil Application No.1 of 2023. As an intern being newly introduced to this system, it was easy for my first reaction to be frustration. However, in observing my colleagues, I came to see how their experiences navigating Uganda’s justice system have made them incredibly resilient. Each appearance at Court, even if it is only to be informed of an adjournment, is an opportunity to speak with relevant State actors to learn more information, to organize possible mobilization efforts with co-applicants, or even to demonstrate CEHURD’s commitment to the case. Importantly, one of the SL team’s lawyers emphasized to me the impact of showing persistence in always showing up. She highlighted that when State actors, such as the Chief Magistrate, see CEHURD appearing time after time in the interest of their clients, it signals that CEHURD is dedicated to following the case through no matter the difficulty of navigating the obstacles posed. The significance of this follow-through for CEHURD’s vulnerable clients cannot be overstated.

Human rights work is incredibly hard, and as a newcomer in the space, it was easy to lean into instinctual feelings of frustration, impatience, or even resignation when it felt as if we were not progressing quickly enough towards the justice the client rightly deserves. This is an impulse which I fought since the beginning of my internship with CEHURD. However, watching the SL team, and seeing their perseverance in the face of adverse outcomes as well as their unrelenting efforts in defending the rights of their clients, helped me to develop a new instinct: trying to always ask β€œwhat can I do next?” as a first reaction, instead of lingering on factors beyond my control. Having completed my internship with CEHURD, I feel that I have strengthened this new instinct in such a way that will assist me in human rights work moving forward.

The writer was a CEHURD intern from McGill University Canada.