Press Statement: Release Obiga Patrick from IHK jail today – #FreeObiga

FreeObiga

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Kampala –Uganda –Today the Center for Health, Human Rights and Development (CEHURD) and Ms.
Rose Obiga filed a case with Uganda’s High court in Kampala seeking for a court order for the release of
Mr. Patrick Obiga who has been illegally imprisoned and detained at International Hospital Kampala (IHK) in Namuwongo.

On the 4th day of August, 2016 Mr. Patrick Obiga –an assistant operations officer with Hash Security while on duty supervising his colleagues got an accident and while unconscious was rushed to IHK in
Namuwongo for emergency treatment. Mr. Obiga was given an emergency operation which successfully
brought him back to life. On the 22nd day of August, 2016, health workers recommended his discharge from hospital.

Mr. Obiga was charged a sum of over 38 million (Thirty eight million Uganda Shillings) as fees for his
treatment. His family has been able to pay over 20 million (Twenty million Uganda Shillings) in installments. Despite the partial payment and Mr. Obiga’s plea to be discharged to look for the outstanding balance, he
remains incarcerated at the Hospital.

This act of detaining and imprisoning patients in health facilities is unconstitutional and violates
fundamental human rights guaranteed in the 1995 Constitution of the Republic of Uganda. In this instance, IHK is in continuous violation of Mr. Patrick Obiga’s right to liberty, right to be free from torture, cruel, inhuman and degrading treatment. These violations are also in breach of the Prevention and Prohibition of Torture Act, that Parliament passed recently!

IHK can recover its out standing balances following due process of law rather than abusing rights of
patients.

WE DEMAND THE RELEASE OF OBIGA PATRICK FROM IHK JAIL TODAY!

We appeal to the Uganda Medical and Dental Practitioner’s Council to:

  • Urgently make a communication on how to regulate practices of private health service providers in
    recovering their costs without subjecting patients to incarceration
  • Review files of all patients detained illegally by IHK and other private health facilities and make
    arrangements for their immediate discharge

Press Release: CSOs call for swift access to justice from Uganda’s Constitutional Court to stop preventable maternal deaths

(Kampala) Today a landmark case re-opened in Uganda’s Constitutional Court, Petition 16 of 2011, filed on behalf of two women who died in childbirth, Sylvia Nalubowa and Jennifer Anguko, by the health rights organization Center for Health Human Rights and Development (CEHURD).

cehurd-petition-16-presser

 

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EHURD and the families sued government, arguing that lack of access to essential maternal health care
services that killed their relatives was a violation of the right to health and the rights of women as set out in the Constitution. The case was re-opened following a ruling by Supreme Court on October 30 2015 striking down Constitutional Court’s earlier dismissal of the case in 2012.

Supreme Court determined unanimously that the lower Court had erred when they ruled that they had no mandate to hear a case regarding the alleged violation of health rights and the rights of women and
dismissed the case. CEHURD had argued before the Supreme Court that the failure to provide the basic
maternal health services to pregnant women in Uganda was a human rights issue that the Constitutional
Court had the mandate to hear, citing Article 137 (3) of the Constitution, which states that Constitutional
Court has the mandate to determine whether any act, law or policy of the government is in violation of any provision of the Constitution.

“This case is a matter of life and death for Ugandan pregnant women,” said Ms. Lillian Mworeko, Director of the International Community of Women Living with HIV/AIDS East Africa (ICWEA). “We are calling on the Judiciary to play its rightful role–for too long the plight of pregnant women has been ignored by government.”

 

“In Uganda access to essential health services for pregnant women is a public health crisis; the country has made virtually no progress in combatting maternal death over the last decade,” said Samuel Senfuka of White Ribbon Alliance Uganda. We know that this can change, and that the Judiciary has a critical role in altering the deadly status quo.”

More than 16 pregnant women die every day in Uganda, with the leading direct causes of preventable death being haemorrhage (42% of deaths), obstructed or prolonged labour (22%) and complications from abortion (13%). Major indirect causes include malaria, a factor in 36% of maternal deaths recorded, anaemia (11%) and HIV (7%). A positive ruling in Constitutional Court could have multiple direct effects on access to life saving health care services for pregnant women, such as requiring the government to remedy health rights violations through actions such as drastically improving access to free maternal health care services in the public sector, including emergency obstetric care.

Utilizing M&E to realize the impact of projects implemented in communities.

In the recent years, Monitoring and Evaluation (M&E) has become a critical concept in planning, implementation and tracking progress of implemented activities. Even internationally, donors and other partners have increasingly become interested in participatory M&E approaches not only as tools for ensuring value for money, but also as an assessment tool for evaluating impact of the projects and in setting priority areas for funding where impact has been realized.

The Safe Abortion Action Fund (SAAF) program set out to evaluate it’s 3rd Round of funding that had been given to organizations in different countries. From these organizations, the most successful projects were to be evaluated to guide SAAF in choosing priority areas whilst structuring the 4th Round of funding and as one of the 3rd Round grantees, CEHURD was selected to evaluate its project titled, “Clarifying Uganda’s Legal and Policy Environment on Abortion”

After reviewing and compiling available literature on the project, the consultants set out to interact with the different partners that have in one way or the other impacted or contributed to the project as it was implemented in joint control with national and local authorities: Ministry of Health, Ministry of Justice and Constitutional Affairs, Manafwa district Health Office and District Police Office and professional actors: Legal Support Network (LSN), Association of Obstetricians and Gynecologists of Uganda (AOGU), civil society networks: Coalition to Stop Maternal Mortality from Unsafe Abortion (CSMMUA), Community Health Advocates in Buikwe and School health clubs in Manafwa, etc.

From the evaluation, it came out strongly that there is a significant divergence in what is considered monitoring and evaluation and what monitoring and evaluation actually is; especially when it comes to the impact of the work CEHURD has done in the communities. It also came to our attention that the community and different stakeholders view CEHURD as an authority on health and human rights and in litigating health rights in Uganda – in relation to the cases before court on health rights. In another community where health clubs were established in schools, the clubs grew to hold weekly debates on prevention of unintended pregnancy and as a result, there had been a 50% reduction in teenage pregnancies in the school and this was a result of an initiative we championed.

This evidence challenged us to revisit M&E, not from the perspective we have understood it- in terms of realizing indicators and objectives, but rather assessing the change created as a result of the initiatives established.   There has been undoubted growth in appreciation of M&E as an institution, and the only question is, are we missing the point of M&E in tracking change realized as a result of the programs implemented or can we use it to do more? There is need for further exploration and appreciation of M&E can indeed support valuable cross learning from CEHURD and the local communities.