How public health law will affect you

The government on February 03, 2022, tabled the Public Health (Amendment) Bill, 2021, before Parliament, with the aim of repealing the obsolete provisions in the old Act and revising the fines for offences committed.
The Ministry of Health argues that the Public Health Act, which was enacted in1935, has never been amended to address the emerging public health challenges.

In the Bill currently under scrutiny by Parliament’s Health Committee, the Ministry of Health proposes tough new laws with wide-ranging ramifications on citizens.
It warns that anyone who falls short will be liable to hefty fines and jail terms of between six and 12 months once convicted.
The main matter of contestation in the Bill is clause 27, which makes it compulsory for Ugandans to get vaccinated or be fined 200 currency points (Shs4 million) or be jailed for six months or both, for refusal to comply.

In clause 11, the Bill ensures that a medical officer destroys beddings, clothing or any other articles, which are infected with an infectious disease, only with an order of court. 
Some health experts, however, say this would endanger the community, as the court process could take long yet such decisions have to be made promptly in a case of a highly infectious disease.
The Bill in clause 32 also indicates that all persons found to have knowledge about an outbreak of an epidemic in either humans or animals but refuse to report such an outbreak shall be held as a criminal and will face six months imprisonment or pay a fine of Shs4m or both.

But some of stakeholders, although they are pro-vaccination, argue that forcing people to get vaccinated against their will is a violation of both medical and human rights.
For instance, the Uganda Medical Association (UMA), a professional body that brings together all the qualified and duly registered medical doctors in Uganda, argues that the laws being proposed are draconian and may fail to serve their purpose. 

Dr Richard Idro, a senior paediatric neurologist and lecturer at Makerere University, who is also the former UMA president, said the Ministry of Health is creating a situation of laziness and instead punishing citizens after failing on their own mandate.
“We must not force people to be vaccinated. All we have to do is educate the people. If mothers are educated, they will adhere. Ugandans do listen, all we have to do is educate them through different platforms such as mainstream media, places of worship and social media,” Dr Idro said.

Dr Edith Nakku-Jolaba, the UMA vice president, says it is important to seek consent first from individuals before administering vaccines to them. 
Dr John Mugisa, the ECASA Group of Consultants Ltd secretary, reasons that heavy penalties are likely to send people underground, which will have a negative impact on immunisation efforts in the country.

READ: Go slow on mandatory Covid-19 vaccination

But some lawmakers on the committee say there is need to allow the government to ensure safety of citizens.
“We know there are side effects of Covid-19 vaccination. But why are people against being vaccinated yet we have also seen so many deaths? We must come on board with scientific evidence to advise and encourage our people,” said Ms Margaret Makhoha, the Namayingo District Woman MP. If the Bill is passed into law, spitting in public will be a criminal offence attracting a 12- month jail term or a fine of 150 currency points (Shs3m) or both, once convicted.

Whereas Section 27(n) of the original law prohibits spitting in public places or in public vehicles, there is an exception of receptacles that could be provided in public spaces for that purpose. The Bill, however, seeks to repeal the use of receptacles in public spaces.  
Clause 13 instead suggests that where a medical officer or a medical practitioner certifies that a person is suffering from an infectious disease, which in order to guard against its spread, can only be treated or nursed in a hospital.

However, members of UMA, who argued that some patients use public means to travel to medical facilities, challenged this. 
“Public transport service providers should provide receptacles. Some patients use public means of transport so should they stay home and die?” Dr Herbert Luswata, the association’s secretary general, questioned.