A week ago, EALA members embarked on the final leg of their consultations on a draft law meant to protect and facilitate the attainment of sexual and reproductive health and rights of people in the East African Community (EAC).
The East Africa Community Sexual and Reproductive Health Bill 2021, (EAC SRH Bill, 2021) according to its proponents, seeks to come up with a harmonised way of protecting the right to the sexual and reproductive health of all persons in the region.
It also seeks to push for the related information and services as part of the universal health coverage in all partner states.
The Bill was first introduced to the regional Assembly in February 2017.
It was however withdrawn after gaps were identified.
A revised edition is now back, and the sponsor and mover of the Bill EALA MP Kennedy Mukulia, in an interview with the Star, says all gaps have now been addressed.
Nonetheless, misinformation and failure of many stakeholders to understand the object of the Bill still exist – Mukulia says.
“Many people have reduced this Bill to two issues abortion and comprehensive sexuality education. The Bill is complete, as it covers many aspects of sexual and reproductive health. So many people think the Bill is western which is a complete distortion. The bill is East African and for East Africans,” he said.
Mukulia also serves as the Chairperson of the Legal, Rules and Regulations Committee in the regional assembly.
In a wide-ranging interview with Star to unpack the myths, here are the key highlights:
What motivated you to move this Bill?
I was motivated to move and sponsor the bill looking at the Addis Ababa Declaration on Population and Development in Africa beyond 2014.
The Declaration captures the commitment of African Ministers to among other things; develop, strengthen and implement appropriate legislation, national policies and programmes that guarantee and promote human rights, dignity and equality for inclusive sustainable economic and social development in all sectors.
The Declaration also commits member states to harmonize national legislation with ratified international instruments and accelerate the implementation of the respective national, regional and international commitments on gender equality and women’s empowerment in all sectors and eliminate all forms of discrimination against women and girls.
The member states are also committed to enacting and enforcing laws and policies within the national political and legal framework to respect and protect the sexual and reproductive health and rights of all individuals.
Finally, the member states commit themselves to review, revise, amend or abolish all laws, regulations, policies, practices and customs that have a discriminatory impact on women, youth, especially girls, without distinction of any kind, and ensure that the provisions of multiple legal systems comply with international human rights regulations and laws.
Have the member states started implementing what they committed themselves to?
This declaration has not been implemented by any of our partner states.
As such, I felt obliged to sponsor the legislation to meet some of these declarations.
What is the status of sexual and reproductive health in East Africa?
The East Africa region has high maternal mortality and morbidity rates.
HIV infection rates are the worst with 15 per cent of maternal deaths in East Africa attributable to HIV.
Moreover, family planning is an elusive goal for many women.
More than two-thirds of women of reproductive age are currently not using modern contraceptives and more than a third of all pregnancies are unwanted.
What do you make of such trends?
These trends are worrying as such there is a need to enact a law that prioritises sexual and reproductive health, including maternal health, family planning, prevention of sexually transmitted infections including HIV, young people’s access to sexual reproductive health information and services, and ending female genital mutilation.
Through this Bill, I want to ensure that every pregnancy is wanted, every childbirth is safe, and every young person’s potential is fulfilled.
Is this Bill all about legalizing abortion?
The Bill is a comprehensive proposal that addresses a wide range of sexual and reproductive health and rights issues including ending teenage pregnancies and new HIV infections.
The Bill also seeks to end gender-based violence and female genital mutilation.
It seeks to end discrimination against people with HIV, persons with disability and elderly persons as to access to information and services.
It also provides for the sexual and reproductive health and rights of men– which are often left out in the discourse.
On the issue of abortion, partner states of EAC differ in the way termination of pregnancy is to be treated under the law.
For example, the Constitution of Kenya states that abortion is only permitted if in the opinion of a trained health professional, there is a need for emergency treatment or the life or health of the mother is in danger, or if acceptable by any other written law.
In Uganda, the Constitution only permits abortion if it is authorised by any other law.
Article 22 (2) of the EAC SRH Bill, 2021, therefore, provides that a person may terminate a pregnancy if, in the opinion of a health professional, there is a need for emergency treatment, the pregnancy endangers the mental or physical health or the life of the woman, in the case of sexual assault, rape, incest or as may be permitted by the law of a partner state.
What challenges are you facing in your quest to have this Bill passed into law?
The challenges that I face which include opposition, are driven by misinformation and the failure of many stakeholders to understand the object of the Bill.
Many people have reduced this Bill to two issues such as abortion and comprehensive sexuality education which is an incomplete snapshot of the contents of the Bill – therefore taking away from its essence.
The Bill is all-inclusive draft law with a wide range of issues as pertains to sexual and reproductive health and rights.
Additionally, many people think the Bill is western[driven] - which is a complete distortion. The Bill is East African and for East Africans.
What are the prospects of EAC member states passing this Bill?
I am confident that the Bill will pass.
However, we are facing complete opposition from one partner state.
Passing the Bill when a partner state will not ascend to it still makes no sense, and failure to comply with treaty matters is a serious violation and such countries need to be punished.
It is therefore important that deliberate efforts are made to ensure everyone understands the object of the Bill.
Previously there were identified gaps in the 2017 Bill. Was this addressed?
During public hearing consultations for the Sexual Reproductive Health Rights Bill, 2017 by the 3rd Assembly; gaps emerged including the need to have extensive engagements with a wide range of stakeholders to build consensus.
There was a need to ensure that the Bill does not contradict the existing sexual reproductive health rights laws in EAC partner states.
Upon reviewing the Bill alongside stakeholders, the Committee on General Purpose at the East Africa Legislative Assembly resolved to cause the 2017 Bill to be redrafted to reflect and incorporate agreed positions, fill in identified gaps and align with international practice and developments in sexual and reproductive health.
These comments were all reflected in this current Bill of 2021(under the 4th Assembly) and all the gaps raised were addressed, through new clauses for example on menstrual health; sexual reproductive healthcare for men, sexual and reproductive health for people with disabilities and elderly persons.
If you look critically at this Bill, you will see differences it has from the 2017 Bill which is no longer a property of the House and should not be made reference to.
In its current form, every person in EAC is protected and facilitated to attain a life-course sexual and reproductive health and rights as well as progressive realization of integrated sexual and reproductive health information and services.
