Second GPN Global Webinar "COVID-19. SUPERNATIONAL, NATIONAL AND REGIONAL RESPONSES. BUILDING RESILIENCE THROUGH COMPARISON OF EXPERIENCES" - March 5th 2021 Professor Emmanuel Kasimbazi "Uganda response" GPN: https://www.globalpandemicnetwork.org/ Official GPN webinar web page:https://www.globalpandemicnetwork.org/news_events/webinar-5th-march-2021/

1. COVID-19 RESPONSE IN UGANDA:
THE LEGAL & REGULATORY
APPROACH
BY:
PROFESSOR EMMANUEL KASIMBAZI
SCHOOL OF LAW, MAKERERE UNIVERSITY, KAMPALA, UGANDA

2. Presentation outline
• Introduction
• Overview of the COVID-19 situation
in Uganda
• Legal & Regulatory measures
• Challenges faced in Uganda’s Covid-
19 response
• Conclusion

3. Introduction
• Uganda is located in the Eastern part of Africa
neighbouring South Sudan, Democratic Republic of
Congo, Rwanda, Tanzania and Kenya.
A map showing Uganda

4. Introduction cont’d
• The population of Uganda is estimated to be at
45.7 million people.
• The Gross National Income (GNI) per capita is
USD 620 while the annual health expenditure per
capita is about USD 36.71.
• In the Financial Year 2019/2020, Uganda
allocated 8.9% of the annual budget to health,
which constituted approximately 9% of the Total
Health Expenditure (THE).
• The external sources (donor and development aid
for health) contributed 44%, while private health
expenditure contributed about 47% .

5. Introduction cont’d
• Uganda is no stranger to outbreaks of highly deadly
infectious diseases, especially hemorrhagic fevers
such as Ebola, Marburg and Congo Hemorrhagic
fever for which credit has been given for effective
response.
• Despite this experience of infectious diseases, no
detailed analysis has been conducted on the public
health measures adopted to contain the spread of
previous epidemics in Uganda.
• The nature of the COVID-19 pandemic makes the
policy and legal response analysis an immediate
necessity.

6. Overview of COVID-19 situation in
Uganda
• Uganda registered her first case of COVID-19 on
Saturday 21st March, 2020.
• The confirmed case was a 36- year old Ugandan
male who arrived from Dubai on Saturday
21st March 2020 at 2:00 am aboard Ethiopian
Airlines.
• Uganda registered her first death of COVID-19 on
21st July 2020 of a 34-year-old Ugandan female.
• Currently, Uganda has confirmed over 40,OOO
COVID-19 cases with over 14,000 recoveries and
334 deaths.

7. Legal and Regulatory responses to
COVID-19
A. Presidential Directives
The 1st Presidential Address of 18th March 2020 announced 13
measures (Partial Lockdown):
• Closed all the Educational Institutions;
• Suspended communal prayers in Mosques, Churches or in
Stadia and other open air venues;
• Stopped all public political rallies, cultural gatherings or
conferences;
• Banned Ugandans from moving to or through category one
(I) countries that had a large number of covid-19 cases by
that time;
• Allowed returning citizens/residents to undergo mandatory
quarantine at their cost, for 14 days;
• Advised on nutrition to strengthen the body immune
system;

8. Legal and Regulatory responses cont’d
• Allowed the non-agricultural gathering points e.g. factories,
hotels, large plantations, etc;
• Discouraged the hexagonal, extravagant Ugandan-style
weddings;
• Allowed Burials for a maximum of 10 people;
• Suspended weekly or monthly markets;
• Allowed the public transport systems provided they follow
COVID-19 guidelines;
• The discos, dances, bars, sports, music shows, cinemas and
concerts were all suspended;
• Advised Hygienic behavior such as not coughing or sneezing in
public, no spitting, washing hands with soap and water or using
sanitizers, regularly disinfecting surfaces such as tables, door
handles, etc. and not touching your eyes, nose or mouth with
contaminated and unwashed hands.

9. Legal and Regulatory responses cont’d
2nd Presidential Address on 21st March 2020
• Closed passenger entry into and exit from Uganda,
hence limiting transport by land, air and sea to
cargo, officially authorized and U.N. planes.
3rd Presidential Address on 25th March 2020
• Suspended Public transport and non-food markets
for two weeks;
• Stopped all passengers coming into Uganda by air,
land or water; this affected in-coming planes,
buses, taxis or boats;
• Also prohibited from entry were the pedestrians ─
people walking on foot from the neighbouring
countries.

10. Legal & Regulatory responses cont’d
4th Presidential Address on 30th March 2020 (Total
lockdown)
• Prohibited movement by everybody including
those using their private vehicles, motor cycles
and tuk-tuks;
• Imposed a curfew across the country from
19:00hrs to 06:30hrs;
• Suspended shopping malls, arcades, hardware
shops for 14 days;
• Closed all the non-food shops (stores);
• Super-markets were ordered to operate with
restrictions;

11. Legal and Regulatory responses cont’d
• Closed saloons, lodges and garages;
• Factory owners were ordered to arrange for their
crucial employees to camp around the factory
area for 14 days;
• Construction sites were allowed to continue if
they can be able to encamp their workers for 14
days. Otherwise, they were suspended for 14
days;
• Only allowed provision of essential services such
as the medical, veterinary, telephones, Banks,
Private Security companies, cleaning services,
garbage collection, fire-brigade, petrol stations,
and water department.

12. Legal and Regulatory measures cont’d
• Allowed only cargo transport by train, plane,
lorry, pick-up, tuku-tukus, motor cycles (boda
bodas) and bicycle, within Uganda and between
Uganda and the outside;
• Gatherings of more than 5 persons were
prohibited.

13. Legal and Regulatory responses cont’d
Other Presidential Addresses
• Presidential address of 14th April 2020 provided updates
on matters arising and extended the lockdown for
another 21 days;
• Presidential address of 20th April 2020 simply gave
updates on the progress & clarified on a few unclear
matters arising;
• Presidential address of 4th May 2020 eased the lockdown
and the President announced compulsory wearing of
masks by all those who step out of their homes; a
nationwide curfew was maintained and adjusted from
2100h to 0600h; and motor cycle taxi (boda boda) drivers
were ordered to cease their movements by 1800h.

14. Legal and Regulatory responses cont’d
B. Public Health Rules
The Minister of Health made several rules under the
Public Health Act. These included the following:
• On 13th March 2020, Minister of Health issued an
order declaring COVID-19 a “notifiable disease for
the purposes of the Public Health Act.” (Public
Health (Notification of COVID-19) Order No. 45, § 1
(2020).)
• The order also makes applicable to the COVID-19
outbreak provisions of the Public Health Act
concerning the power to makes rules, prevent and
suppress infectious diseases, and enforce
precautions at the country’s borders.

15. Legal and Regulatory responses cont’d
Requirements and Conditions for Entry into Uganda
• The Public Health (Prevention of COVID-19)
(Requirements and Conditions of Entry into
Uganda) Order, 2020, mandated that a medical
officer examines for COVID-19 any person
arriving in Uganda.
• The medical officer could then order anyone
suffering from COVID-19 to be placed in isolation
(Conditions of Entry Order §§ 3 & 4.).

16. Legal and Regulatory responses cont’d
The measure grouped arrivals into three categories
based on their country of departure and transit,
and any other relevant factors:
 Category 1: Persons who, after undergoing medical
examination, must be quarantined for 14 days or longer
depending on the determination of a medical officer.
 Category 2: Persons who, after undergoing examination,
must be observed for 14 days or longer.
 Category 3: Persons who, after being examined, are
released with instructions on how to stay safe. (§ 6.)
 A violation of any requirement the measure imposed,
including giving a medical officer false or misleading
information, was an offense punishable by up to three
months imprisonment upon conviction. Operators of
vehicles, aircraft, or vessels who violated the measure were
subject to a one-year custodial sentence. (§ 8.)

17. Legal and Regulatory responses cont’d
Controlling the Spread of COVID-19
• The Public Health (Control of COVID-19) Rules, 2020,
aimed at controlling the spread of the virus within
Uganda.
• The rules, which remain in force until the minister
abrogates them, impose on all homeowners, employers,
heads of household, and local authorities a duty to
notify medical officers of suspected cases of COVID-19.
(Public Health Rules §§ 3 & 14.)
• The rules accord medical officers or health inspector the
authority to enter into and search premises without a
warrant “in order to search for any case of COVID-19, or
to inquire whether there is or has been on the premises,
any case of COVID-19.” (§ 6.)

18. Legal and Regulatory responses cont’d
The rules also temporarily banned the following
public gatherings, meetings, and activities:
 Schools and institutions of higher learning until 18th April 2020.
 Bars and cinema halls until 16th April 2020.
 Prayers in churches and mosques and open air prayers until
16th April 2020.
 Marriage ceremonies, wedding parties, vigils and funerals until
18th April 2020, except those in which not more than 10
people were gathered.
 Public meetings including political rallies, conferences and
cultural meetings until 18th April 2020.
 Indoor and outdoor concerts and sports events until 16th April
2020.
 Trading in live animals at places designated for this purpose by
a local authority until 18th April 2020 (§ 9.)

19. Legal and Regulatory responses cont’d
Prohibition of Entry into Uganda
• The Public Health (Prohibition of Entry into Uganda)
Order, 2020, prohibited the “entry into Uganda by any
person and the introduction into Uganda of any animal,
article or thing at or through any of the border posts of
Uganda” from 23rd March to 23rd April 2020.
(Prohibition of Entry Order §§ 2 & 4.)
• It didn’t apply to organs of the United Nations or
humanitarian organizations, or to vehicles or aircraft
used for transporting cargo into Uganda. (§ 3.) Given
that the original expiration date has now passed, it is
unclear whether this measure continues in force.

20. Legal and regulatory responses Cont’d
Compulsory Wearing of Masks
• The Public Health (Control of COVID - 19) (No.
2)(Amendment No. 2) Rules, 2020 provides
that every person shall, at all times, while
outside his or her place of residence, wear a
facial mask.” 8A

21. Legal & Regulatory responses cont’d
C. Penal Sanction
• The Penal Code Act Cap 120. The Act under
section 171 prescribes the offence of negligent
act likely to spread infection of disease.
• ‘Any person who unlawfully or negligently does
any act which is and which he or she knows or
has reason to believe to be likely to spread the
infection of any disease dangerous to life
commits an offence and is liable to
imprisonment for seven years.’

22. Legal & Regulatory responses cont’d
D. Institutional Guidelines
• The different institutions across the country issued
operation guidelines meant to curb the spread of
Covid-19.
• The Ministry of Health issued National Guidelines
for Prevention of Covid-19 In Public Places. These
included:
All individuals accessing the premises must
undergo temperature screening;
Everyone MUST wash and sanitize before entry into
public places;
Provision of adequate waste management facilities
(waste bins and bin-liners, cans);

23. Legal and Regulatory responses cont’d
Regularly update your employees with
information on COVID-19 as provided by the
Ministry of Health.
All persons who have recently traveled back
into the country from the Category 1 countries
to undergo mandatory institutional quarantine
at facilities identified by Ministry of Health;
COVID-19 testing required for both inbound
and outbound travel to Uganda including a
requirement that tests be taken at an approved
facility within 1200 hours of departure.

24. Legal & Regulatory responses cont’d
• The Ministry of Education & Sports issued Guidelines for
phased Reopening and Running of Education
Institutions.
• The Ministry of Internal Affairs issued guidelines for all
passport applicants required to appear for enrolment,
interviews or to pick passports upon receiving a
notification, must undergo body temperature
tests and hand washing/sanitizing and must also keep a
one-meter distance apart before and after access is
granted.
• The Judiciary issued Guidelines with restrictions on
conducting sessions in Courts of Judicature during the
existence of the Covid-19 pandemic.
• The Inter Religious Council of Uganda issued Guidelines
for Religious Leaders & Faith Communities with
restrictions on conducting public prayers.

25. Legal & Institutional responses cont’d
E. Institutional Response to COVID-19
• COVID-19 National Taskforce: This was set up by the President of
Uganda under the office of the Prime Minister of Uganda. The
committee reports directly to the President of Uganda and plays a
critical role in implementing and overseeing the response at the
National level.
• The District taskforces: These were put in place to support local
governments’ containment plans for COVID-19 case management,
surveillance, health promotion, resource mobilization and
enforcement of control measures as well as continued delivery of
basic services.
• At local government level, the district’s response is fully led by the
Resident District Commissioner (President’s district representative)
working with all district authorities.
• At the lowest administrative unit (community), response is led by
Local Council 1 Chairperson.

26. Challenges faced in Uganda’s Covid-19 response
• Limited capacity (human resource and financial) to
enforce the response measures of COVID-19 after easing
the lockdown;
• Inequality in resources and vulnerable populations such as
access to health services or to soap, water, and
sanitization;
• Attitude/perception of the population as COVID-19 being
non-existent, social set up, cultural briefs. This affects
physical and social distancing vis-à-vis the travel and living
conditions of majority of Ugandans;
• Economic slowdown, exacerbated poverty and
vulnerability occasioned by the lockdown;
• Fundamental human rights concerns especially violation
of the right to liberty and freedom of association and
assembly.

27. Challenges cont’d
• Several Presidential directives have not been
codified under a statutory instrument, hence
occasioning infringements;
• No appropriate legal framework to address the
pandemic. The COVID-19 related rules have been
made under the country’s Public Health Act of
1935 which is outdated;
• Selective enforcement of the relevant rules
depending, seemingly on the social-class of
culprits and political levels;
• Use of non professionals such as Resident District
Commissioners (RDCs) and security organs to
enforce COVID-19 guidelines and rules;

28. Challenges cont’d
• Corruption and bribery cases reported at quarantine centres;
in distribution of food and masks; and in issuance of Covid-19
test certificates;
• Election process management amidst Covid-19 restrictions;
• Limited stimulus COVID-19 package for industry and citizens;
• No established COVID-19 Fund to support COVID-19 related
measures;
• Lack of Standard Operating Procedures to respond to COVID-
19. There is a confusion by both government and the public
about standard operating procedures and guidelines/rules;
• Limited establishment of specific COVID-19 related health
systems such as health facilities like laboratories and
specialised hospitals and incentives for health workers.

29. Conclusion
• Since the COVID-19 pandemic began, the Government of
Uganda has implemented a range of public health and socio-
economic measures, such as developing public health legal
and regulatory framework, social restrictions, lockdown order
and health system response.
• As a result, the Government of Uganda has been rightly
applauded for the comparatively low Covid-19 infections in
Uganda attributed to its responses as mentioned above.
• However, there are limitations to the Covid-19 responses of
the Government of Uganda such as inadequate health facilities
like laboratories and specialised hospitals, limited and
unfulfilled incentives for frontline health workers, negative
socio-economic consequencies, lack of stimulus package for
industries, inexistence of COVID-19 Fund and lack of
comprehensive SOPs.

30. END
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