A draconian piece of legislation, the law purports to deter drug abuse by imposing inhumanely long prison sentences; a conviction for simple possession can land a person in a cell for over 15 years.
Many opponents of the law have argued about how it is going to disrupt those involved in the mairungi khat business but from my public health and human rights perspective, I will address the human rights and public health principles.
This law is part of a series of laws that, in my view, defy public health principles and disregard human rights. The Anti- Homosexuality Act (AHA) is the other law that targets marginalized groups, disproportionately affected by drug abuse, HIV/Aids and other illnesses.
The AHA imposes life imprisonment for those convicted of homosexuality whereas the narcotics law penalizes possession of illicit drugs with over 15 years in prison. These laws push people away from health and social services essential to managing drug dependence, preventing HIV transmission, and supporting people to live productive lives.
The potential impact of the law on individual freedoms, public health and societal development is significant. Individuals who use drugs or those who belong to the LGBTI community may avoid getting medical attention for fear of being reported to authorities or being arrested and prosecuted.
This fear may hinder individuals from receiving necessary health services, such as drug addiction treatment, overdose prevention and and HIV/Aids testing and treatment. As a result, people may postpone or refuse critical medical care, resulting in poorer health outcomes and increased morbidity and mortality risks.
So, the harsh penalties for drug-related offenses may restrict individual freedoms, exacerbate public health problems and hinder societal development. The criminalization of drug use may also discourage individuals from seeking medical care due to fear of legal consequences and stigmatization.
This may lead to worsened health outcomes, increased risks of morbidity and mortality, and further impede healthcare providers’ ability to deliver non-judgmental and effective care. The criminalization of drug use can constitute a violation of individuals’ right to health, as recognized by international human rights frameworks such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights.
The right to health encompasses not only access to healthcare services but also the underlying determinants of health, including freedom from discrimination and access to information and participation in decision-making related to health.
Therefore, the new legislation should have adopted a decriminalization approach because drug use is a public health issue rather than a criminal justice matter. The legislation ought to have invested in rehabilitation and treatment, instead of punitive approach.
Uganda’s drug policy could benefit from integrating diversion programs and community-based rehabilitation services to shift the focus from punitive measures to public health-oriented approaches.
These programs can reduce the burden on the criminal justice system, alleviate overcrowding in prisons and address the root causes of drug-related offenses, such as poverty, unemployment, and lack of access to healthcare and social services.
To me, the law deviates from addressing the disease to settle for the symptom. This is so because it concentrates on punitive measures at the expense of restorative justice. So, the approach to justice should seek to rehabilitate drug abusers by providing an opportunity to communicate about and address their needs in the aftermath of the offence.
In fact, in 2022, researchers Immaculate Nakibuuka and Margaret Joy Nalubega released a report titled: Factors Influencing Drug Abuse among Youth (15- 24 Years) in Kisenyi.
It concluded that socio-cultural, economic and individual factors provide a significant influence on drug abuse among youths. The study recommends providing harm-reduction therapies, engagement of religious leaders to include drug abuse and its effects in their sermons, rolling out business, technical vocational education and training to provide skills to youths, support youth businesses with seed capital and identification of youth champions to sensitize youths on drug abuse, its dangers and how to overcome addiction.
All in all, some Ugandans have become increasingly apprehensive about their safety due to such punitive laws like the Anti-Homosexuality Act (AHA) and the Narcotic Drugs and Psychotropic Substances (Control) Act. Regrettably, these legislative measures have rendered us feeling like displaced individuals within our own nation.
The author is executive director, Uganda Harm Reduction Network (UHRN)
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