Press Release

For immediate release

November 4th, 2016

Kampala – Uganda. On October 18th, 2016, the Center for Health Human Rights and Development (CEHURD) filed two cases against the Attorney General of Uganda in its representative capacity for Uganda Cancer Institute and Uganda Atomic Energy Council challenging their refusal to grant access to information requests made for access to public information.

CEHURD filed two access to information requests to Uganda Atomic Energy Council requesting to be granted access to copies of licenses and inspection reports relating to radiotherapy equipment at Uganda Cancer Institute. CEHURD also filed four access to information requests to the Uganda Cancer Institute requesting for access to information regarding how many patients had been affected by the breakdown of the radio therapy machine, the alternatives available for treatment of patients affected by the breakdown of the radiotherapy machine and the licenses which have been received by the Institute in relation to radiotherapy equipment. Both the Uganda Cancer Institute and the Uganda Atomic Energy Council have refused to provide the information requested.

The Constitution of the Republic of Uganda under Article 41 provides for the right to access information in possession of a public body when it states that “Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person.”

The Access to Information Act, 2005 also provides under Section 16 that an information officer to whom a request for access is made should as soon as reasonably possible, but in any event, within twenty one days after the request is received, determine in accordance with this Act, whether to grant the request and notify the person requesting the access of the decision to grant or not to grant access to the information requested.

“Uganda Atomic Energy Council and Uganda Cancer Institute both have a constitutional and statutory duties to provide access to information which is in their possession when any member of the public requests for it in accordance with the law. Having failed in their obligation to provide such information, they left CEHURD with no option other than to seek courts intervention.” – Epongu Edmond – Program Officer at CEHURD.

Information is power that can be wielded for and against the public depending on who controls the information and who is allowed to access it. UAEC and UCI can protect and empower society by making such information available to their website and to all persons desiring to access it at any time even if with costs for accessing it.

The judiciary has been called upon to compel UAEC and UCI to provide access to the documents requested because the constitution protects the right of Ugandans to access the information.

For more information contact info@cehurd.org, or call +256-414-532283, or  Epongu Edmond on epongu@cehurd.org

The strategic litigation program is a pertinent program at CEHURD in as far as it uses the tool of litigation in promoting social justice in health in Uganda, East Africa and Africa at large. Litigation at CEHURD is done strategically to impact the health system in Uganda through public interest litigation and probono services offered to the indigent.

In 2011 CEHURD filed a land mark case before the Constitutional Court of Uganda. This is the famous Petition 16. In this case CEHURD sought the court’s indulgence on the interpretation of the constitution in as far as the government is responsible for ensuring that women in public facilities do not die of preventable maternal deaths.

This case is a great phenomenon in the promotion of the right to health. It has in fact become a model case on litigating the right to health and has thus bred other cases filed at the courts of law and other quasi judicial bodies such as the Uganda Human Rights Commission, Uganda Medical and Dental Practitioner’s Council among others.

The Constitution of the Republic of Uganda does not expressly provide for the right to health, we mainly use the Article 45, 8A and the National Objectives of State Policy.  We also infer the right to health from other rights guaranteed by the Constitution of the Republic of Uganda. These include; the right to life (Article 22), Equality and non-discrimination (Article 21), Freedom from torture, cruel, inhuman and degrading treatment (Article 24 and 44), Access to information (Article 41), the right to clean and healthy environment(Article 39), among others.

Please find the summary of the cases litigated by CEHURD as per 2016. Click on>>>> SUMMARY OF CASES

Today Uganda commemorates Safe Motherhood day. The day is commemorated under the theme “Expand opportunities for adolescent health services, End Maternal Mortality.”
As the country celebrates this day, Ministry of health still reports  the Maternal Mortality Ration as 343 per 100,000 live births and the infant mortality rate  estimated to be 54 per 1000 live births. These numbers are rather still to high.

In line with the Sustainable Development Gial 3: The Center for Health Human Rights and Development (CEHURD) together with civil society Organizations in Uganda are advocating for a reduction of maternal mortality in the country. The teams call upon the government of Uganda to fulfill its statutory obligation by providing basic maternal health services to Ugandan women. These services  include; prenatal care services, skilled medical officers health facilities at provision of Emergency Obstetric Care and postpartum care

As we celebrate this day, CEHURD mourns all expectant mothers that due every day while giving birth to life. It’s such a pain to loose 16 women everyday an equivalent Of a mini bus crushing in Uganda everyday.
We call upon the judiciary to experdite the process of hearing Constitutional Petition No. 16 of 2011, a landmark maternal health case and call upon all stakeholders to join us in sensitizing the women including the youth and adolescents  about their right to receive and impart accurate  sexual reproductive health information and empower them to make informed decisions and delay pregnancy. #SafeMothersUg

Today marks the International Day of the Girl Child, The theme this year is “Girls’ Progress = Goals’ Progress: A Global Girl Data Movement”, calling for action on increasing the availability and analysis of girl-focused and sex-dis aggregated data.

In line with health and human rights, the girl child has been expose to societal evils such like defilement, rape , discrimination and inequality in society.

According to the Uganda Bureau of Statistics in Uganda, one in every four teenage girls between 15 and 19 was found pregnant. The Population Secretariat indicates that of the 1.2 million pregnancies recorded in Uganda annually, 25 per cent of these are teenage pregnancies. These more than 300,000 teenagers who get pregnant also account for the bulk of unwanted pregnancies, which end up in unintended births or abortion.

A young girl is twice likely to die during pregnancy or child birth compared to a mature lady in her 20s (UNFPA 2013).

A significant number of young people lack information about pregnancy or access to reproductive health services, and rely on myths and misconceptions. Continued information sharing is needed to provide information that can enable them make informed choices for “Girl progress and Goal Progress”.

The Center for Health Human Rights and Development (CEHURD) has held health talks for the youths in school to support information sharing on reproductive health for good health and well being under the Sustainable Development Goal 3.