In her article on “Using Human Rights to Reduce Poverty”, Louise Arbour stated that “Poverty is the greatest human rights scourge of our time. Human rights violations are both a cause and consequence of poverty. Human rights are increasingly accepted as part of the definition of what is to be poor, as well as offering pathways out of poverty” (Development Outreach October 2006).
Although Uganda is well endowed in human and natural resources and has received generous international financial and technical support especially since 1987, the poverty level has remained unacceptably high – over 50 percent. One of the arguments for failure to adequately address poverty is that Uganda’s development model has not paid enough attention to human rights issues provided for in various national and international instruments.
In Uganda as in many other countries, focus has since the 1980s largely been on economic growth and price stability hoping that human rights issues such as poverty, food, education, shelter, clothing and health care as well as decent employment would be realized through trickle down mechanism. Sadly, the mechanism has not worked.
To help poor and vulnerable groups get some relief when governments fail to deliver on human rights, courts of law are increasingly getting involved. Here are a few cases that might help Uganda authorities to recast development policies and strategies failing which Uganda courts should step in.
1. In considering and interpreting whether the denial of emergency medical care at a government-run hospital had violated the right to life, the Indian Supreme Court included nutrition, clothing and housing. In another case on inadequate drought relief and chronic hunger and under-nutrition, the Supreme Court issued interim orders directing the government to implement food relief programs to stop starvation, provide mid-day meals in schools and provide subsidized grain to millions of destitute families.
2. In a South African case involving children’s minimum right to shelter, the Constitutional Court ruled that the realization of socio-economic rights including access to housing, health care, sufficient food and water and social security is necessary to ensure human dignity, freedom and equality of all individuals. Government failure to make any provision at all for the housing needs of the poorest was a violation of the South African Constitution.
3. In Argentina courts have held that constitutional provisions on the right to health include an obligation to ensure that there is access to essential medicines, adding that these are decisions with major development dividends.
4. In 1998, the European Commission for Social Rights found that Portugal had failed to enforce child labor legislation. This failure constituted a breach of Portugal’s obligation under the European Social Charter (Development Outreach October 2006).
Uganda can also draw useful lessons from conclusions of empirical studies on human rights, governance and development.
1. Socio-economic development success is largely dependent on an environment characterized by transparency, rule of law, corporate ethics and control of corruption. To this end, there is need to pay attention to issues of governance and integrity which in turn depend on voice, civil liberties and domestic politics.
2. Improvements in governance and civil liberties do not occur automatically. They require sustained intervention in countries where they are lacking which in turn would help to improve economic, social and development rights.
3. Increased attention to the ‘demand side’ of governance and accountability (civil liberties, voice, media freedoms, etc) is vital in controlling corruption which in turn would help realize economic, social and development rights. Therefore, focus on political and civil rights is important for enhancing governance demand side, for corruption control and economic, social and development rights.
4. It would be a mistake to conclude that much is being done simply because development projects are being implemented in a country. Judgment of projects success may be based on attainment of economic, social and development rights. Ipso facto, it is important to emphasize political, civil rights and governance issues.
5. Insufficient attention has been given to the development of databases on human rights worldwide. However, the situation is improving allowing in-depth empirical analysis and monitoring of many dimensions of governance and investment climate including corruption (Development Outreach October 2006).
Post-Washington Consensus strategies in Uganda should go beyond economic growth, per capita income and price stability concerns and embrace human rights as an integral part of the development process. Government should also refrain from blaming external factors and “Acts of God” beyond its control for problems it is currently facing. For example, the current food shortage is largely the result of government export drive to earn foreign currency rather than drought which is also largely man-made.