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

By Serunjogi Francis and Guma Jeremiah

Yesterday April 11, 2013, the High court of Uganda started hearing a maternal health case filed by the Center for Health Human Rights and Development (CEHURD) & others against Nakaseke District Local Government and the Attorney General.

On 12th April 2012 the Center for health, Human rights and Development (CEHURD) dragged Nakaseke District Local government to court challenging the way Nanteza Irene died in labour pain despite crying for almost 10 hours without any medical attention accorded to her.

This case follows a landmark maternal health case that was filed by CEHURD in the Constitutional court of Uganda in March 2011 (Constitutional Petition No.16 of 2011). The justices in that case advised the petitioners to seek other remedies in other courts of law.

By the time of this ruling (June 2012) CEHURD had already filed this case and had never been fixed for hearing. It is on record that 16 women die in Uganda daily and the more cases are delayed in courts the more women that die.

CEHURD is thus calling upon the High court to give a declaratory judgment that the acts, omissions and behaviors of the health workers and the local government towards  Nanteza Irene (deceased) leading to her death violated her rights to life, to health, freedom from inhuman and degrading treatment and equality and that of her children.

“It’s the justices of the court that can end the preventable maternal deaths by according justice where it’s due. We cannot continue to see the injustices of women dying from preventable maternal deaths. We call upon the government to recruit, allocate and motivate health workers as well as supply necessary basic maternal health commodities in the health facilities as part of their Human rights obligations” Said Mulumba Moses, Executive Director of CEHURD.

The leading causes of maternal death in Uganda include massive shortage of trained, motivated and equitably deployed professional health workers to attend to births, lack of access to emergency obstetric care, lack of access to quality antenatal care, and lack of access to family planning services, hemorrhage, sepsis and above all lack of a political will to priotize the right to health..

Court will next hear the case on 17th May 2013 as counsel for the plaintiffs sought an adjournment to file a joint scheduling memorandum since the defendants had not signed the one that was prepared and hence wasn’t filed in court on time. His Lordship Justice

Benjamin Kabiito the judge handling the matter advised the parties to do a scheduling and file the same in court by 30th April 2013 such that on 17th May they come ready to proceed as he will not entertain unnecessary adjournments.

For more information, contact: Noor Nakibuuka, CEHURD, +256782496681

Written by Serunjogi Francis
On 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.

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.