The
president of the Association of Gynaecologists and Obstetrician of Uganda
(AOGU), Dr Charles Kiggundu has revealed that over 1500 women especially the
youth die annually due to complications of unsafe abortion. Unsafe abortion
refers to the termination of pregnancy in an environment that does not observe
acceptable standards done by unskilled providers.
In Uganda, of
the two million pregnancies that occur annually there are 400,000 unsafe abortions
majority of which are self induced using methods such as smoking cow dung,
drinking laundry detergent, bleach or gasoline, insertion of a catheter,
clothes hanger, stick and cassava into the vagina and taking oral hormonal
drugs.
“Out of every 100preganant women, 20 will get
abortions and eight of these will need emergency post abortion care but might
not access it because of the stigma society and health workers attach to
abortion,” Dr Kiggundu said during a lawyers meeting on the use of a human
rights approach to unpack the legal and policy framework on abortion on Monday.
He added
that 90,000 of these women develop complications such as haemorrhage that need
emergency obstetric care and this is available in only 15 per cent of the
health facilities.
A lady at Hoima Hospital being led to theatre for surgery after developing fistula |
Unsafe
abortion accounts for 26 percent of Uganda’s maternal mortality burden which is
currently at 438 deaths per 100,000 live births. Among the factors fuelling the
high rates of the unsafe abortion in Uganda are the restrictive and unaddressed
misconceptions about laws concerning abortion.
Unpacking the abortion laws;
According to
Moses Mulumba, the Executive Director of the Centre for Health, Human Rights
and Development (CEHURD), abortion is permitted in Uganda under some
circumstances but the relevant laws and policies are unclear and are often
interpreted inconsistently, making it difficult for both women and the medical
community to understand their options.
Currently,
the Penal Code Act is the substantive law on abortion and under its Sections
140 to 142; it is an offense for a person to procure the
miscarriage of woman or to attempt to procure the miscarriage of a woman. Under
Section 143, it is also an offense for a woman to procure her own miscarriage.
“Because abortion is an offence under this law, it is
being carried out secretively in un safe dark places, using unsafe instruments
so that the giver and receiver of the service is not penalized. This has
worsened the situation,” the acting assistant commissioner for reproductive
health services in the health ministry, Dr Collins Tusingwire, said.
A teenage mother in Apac district looks adorably at her suckling infant. The rate of unsafe abortion is highest among the country's youths |
In 1995, the Constitution introduced improvements to
the law on abortion in article 22 (2) which provides that “no person has the right to terminate the life
of an unborn child except as may be authorized by law.”
“The Constitution envisages that a law may be enacted authorizing
the termination of the life of an unborn child in the circumstances which
should be specified in that law. However, since 1995 there is no law that has been
enacted to give effect to article 22(2) of the Constitution,” Denis
Kibirige, a senior state attorney said.
This disclarity, according to Dr Kiggundu has limited
women’s access to safe surgical and medical abortion procedures such as dilation and curettage.
Moreover,
policies on abortion remain unknown.
In the
meantime however, Uganda is using the 2006 National Policy Guidelines and
Service Standards for Sexual and Reproductive Health Rights for skilled medical
personnel to carry out an abortion.
According to
these guidelines, pregnancy termination is permissible in cases of foetal
anomaly, rape and incest or if the woman has HIV. The challenge however, is
that these guidelines are not clearly detailed in legislation.
Kibirige
argued that Sections 141 to 143, 212 of the Penal Code could be amended
to remove the general criminalization on procuring a miscarriage in order to realize safe medical
abortions.
He also
proposed that a new law may be promoted and introduced in
Parliament to specifically address the circumstances under which the life of an
unborn child may be terminated in accordance with article 22(2) of the
Constitution
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