UGANET- Next steps on the HIV Law Legal Challenges

11 November 2014 -

Written by Laspnet

The Uganda Network on Law, Ethics and HIV/AIDS (UGANET) met on 20th October at Metropole Hotel to deliberate on the next steps on the HIV law legal Challenges.

The meeting was attended by 11 senior lawyers and the organization's CSO representatives including medical professionals among others. The main focus on the meeting was to evaluate what it will take to petition the constitutional court over the feared impact of the law. Useful insights were shared and the following agreements were reached:

1. Formation of a legal committee: From the deliberations of the day, three options were proposed of challenging the law, (constitutional challenge, and civil suit in the high court or Human rights violation case in Human rights Tribunal), collecting and reviewing evidence. These members will continue to evaluate these positions and advise the coalition on when and how to move. The team will be led by Nicholas Opiyo.

2. A Consultant/s is engaged to work with the legal team to study and collect the evidence as required proposed by Onyango and Co. Advocates such that this helps us move quickly on the issue of the petition.

3. Formation of an Advocacy sub – committee:

It was agreed that there is need to step up the advocacy and urgent on this is to influence the drafting of the regulations. Members should come up with a draft and present it to the MOH. Also, a legal challenge will require high publicity and massive mobilization. ICWEA, Uganda Cares, GCOAW/Wonetha were requested to take lead on this subcommittee

4. Formation of a Community Mobilization sub- committee;

It was observed that the activism of the Bill was led by Civil society organizations and NOT Communities - (grass root voices were missed out yet they are critical rallying political attention) A legal challenge - since its in public interest will need to be validated by a public behind it (the affected people - men, women and children, Living with HIV and also not living with HIV). This committee will be led by NAFOPHANU and TASO;

5. Convening with reports of each committee with 30 days;

All committees are to start some actions and there should be a meeting to report to the big group and way forward agreed upon.