KAMPALA – Kasumba Simon Peter, a resident of Kyankwanzi district, shares a devastating story of loss and frustration. In 2015, his wife, who was nearing delivery, was rushed to Kiboga Hospital after he suffered an accident and was hospitalized in Kampala. Despite his efforts to ensure his wife received timely medical attention, the midwives at Kiboga Hospital assured him that she would deliver normally. However, her condition worsened, and it was only after three days that a doctor was called in, revealing that her uterus had been damaged.
“The doctor was perplexed as to how this could have happened under the watch of midwives.”
The hospital referred Kasumba’s wife to Hoima Regional Referral Hospital, but he decried that she was sent without a medical attendant, despite her critical condition.
Tragically, Kasumba’s wife and child passed away shortly after the operation at Hoima Hospital. Kasumba attributes their deaths to the negligence of Kiboga Hospital.
Adding to his grief is the inaction of the Uganda Human Rights Commission, where he filed a complaint in 2016 with the assistance of the Center for Health, Human Rights and Development (CEHURD). Eight years later, his complaint has yet to be allocated for hearing.
Kasumba’s frustration is compounded by the recent passing of one of his witnesses, his in-law, who was with his wife at the hospital. He fears that the commission may claim he lacks witnesses, despite having had one for eight years.
Kasumba’s plea for justice remains unanswered, leaving him to seek accountability for the tragic loss of his loved ones.
On Friday, November 22nd, CEHURD) and Kasumba instituted a case against the Commission, a body mandated to promote and protect human rights, for failing to timely investigate and decide on human rights complaints.
The Commission is constitutionally mandated under Articles 51 and 52 of the Constitution of the Republic of Uganda 1995, and Section 7 of the Uganda Human Rights Commission Act, Cap 26, to investigate human rights violations and uphold the protection of human rights across the country.
Kitandwe Rhodine, lawyer at CEHURD notes that the persistent delays in adjudicating health-related human rights cases have resulted in systemic violations, disproportionately affecting vulnerable populations who rely on timely justice for their well-being and dignity.
“The delay by the UHRC to hear and dispose of health and human rights-related violations therefore does not only delay and deny justice to Ugandans but also violates and is a denial of the enjoyment of fundamental human and health rights.”
He explains that by failing to investigate cases on time and issue judgments, the commission fails on its Constitutional mandate. “This then escalates health crises in a country already facing a severe shortage of healthcare workers, poor healthcare infrastructure, and high maternal mortality rates.”
Ms. Ajalo Ruth, Manager Strategic Litigation, CEHURD stressed that delayed justice for cases involving negligence, denial of services, or discrimination in accessing healthcare exacerbates these crises.
“Vulnerable groups are left without recourse or accountability, perpetuating systemic failures.”
“Further, the actions and omissions of the commission lead to Erosion of Public Trust: The public relies on the UHRC to act as a guardian of justice. Delays in resolving cases erode public trust in institutions meant to protect their rights,” she noted.
CEHURD and Kasumba are seeking declarations that the actions of the UHRC violate the right to a fair and speedy hearing and moving Court to make orders to that effect.
They are hopeful that the Constitutional Court will dispense justice in this matter, bringing an end to Kasumba’s eight-year quest for accountability and paving the way for improved access to justice for all Ugandans.
When contacted, Mariam Wangadya, Chairperson of the Uganda Human Rights Commission, declined to comment on the matter, citing that it is currently before the court.
