Thursday 13 March 2014

A brief about the Uganda’s DDT Court Case by Ellady Muyambi :Uganda Network on Toxic Free Malaria Control (UNETMAC)

DDT was first used for Malaria  disease vector control in Uganda in the extreme area of Rwangaminyeto, Kihihi sub county in the present day Kanungu district in South Western Uganda from 1959- 1963;
 
The debate for its re-introduction in Uganda began in 2004 ( Hon. John Ken Lukyamuzi’s Motion in Parliament);
 
In 2005, the Ministry of Health (MOH) Commissioned an Environmental Impact Assessment (EIA) for DDT;
 
In 2006, a research on DDT was done in Kanungu district by the Makerere University Researchers headed by Prof Bimenya JS;
 
In 2006 again, the National Environment Management Authority (NEMA) under Dr. Henry Aryamanya Mugisha approved the use of DDT Indoor Residual Spraying (IRS) but with conditions;
 
In 2007, Uganda Network on Toxic Free Malaria Control (UNETMAC) was formed specifically to advocate for a malaria free world as well as a toxic free future;
 
In April-May 2008, DDT Indoor Residual Spraying (IRS) was piloted in the districts of Oyam and Apac in Northern Uganda with funding from the United States Presidential Malaria Initiative (PMI) through a US based private company called Research Triangle International (RTI);
 
UNETMAC supervised the exercise and witnessed gross violations as per the requirements under the World Health Organization (WHO) and the Stockholm Convention on Persistent Organic Pollutants (POPs) as well as Uganda’s Laws;
 
On the 30th Day of June, 2008, 8 members of UNETMAC who include organic farmers such as Lango Cooperative Union Ltd, food exporters such as Shares Uganda Ltd and conservationists such as Pro-biodiversity Conservationists in Uganda (PROBICOU) petitioned the Government of the Republic of Uganda in the high court through Ms.Tumusiime, Kabega and Co. Advocates and Ms Nile Law Chambers to stop DDT IRS;
 
The case was registered as Miscellaneous Cause No. 149 of 2008;
 
In the same year (2008), a court injunction halting the spraying of DDT in Uganda was granted 2008;
 
On April 3, 2009, this injunction was lifted by the High Court when the lawyers refused to appear in court and neither to inform the petitioners;
 
On June 2, 2009, UNETMAC filed a fresh case registered as Constitutional Petition N0 14 of 2009 through her new lawyers, Ms Niwagaba and Mwebesa  Advocates (Affidavits signed by Mr.Ellady Muyambi, Dr. Ogaram David Akuban and Prof. Afuunaaduula Oweyegah);                              
 
On March 23, 2010, the conferencing of the case was held by the two parties (Attorney General and Petitioner’s lawyer and the hearing of the case had been prolonged since then;
 
The HEARING of the case has now been fixed on Monday February 17, 2014 at 9:30am at the Constitutional Court at Twed Plaza near Fairway Hotel, Kampala;
 
THE RULING OF THE CASE TOOK PLACE TODAY, TUESDAY, MARCH 11, 2014 AT THE CONSTITUTIONAL COURT AT TWED PLAZA NEAR FAIRWAY HOTEL, KAMPALA.
 
KINDLY NOTE THAT THE CASE HAS BEEN DISMISSED ON PRETEXT THAT IT WAS FILLED IN THE WRONG COURT. Please, see attached the details of the ruling.
 
We will meet with our lawyers tomorrow and chart a way forward. What we have in mind at the moment is either to appeal in the Court of Appeal or to file a fresh case in the High Court.
 
It is vital to note that with expected funding from PMI through a new US based private company called Abt Associates Inc, Uganda intends to implement a comprehensive IRS programme using DDT as one of the pesticides;
 
This will be done in the 10 districts of Northern Uganda districts (Kitgum, Lamwo, Pader, Agago, Apac, Kole, Oyam, Gulu, Amuru and Nwoya) which are presumably regarded as having the highest malaria transmission rates in Uganda.

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