Dear Oguzu, I would also suggest that on addition to the legal redress, this would be the time to organize the farmers, highlight to them damages tobacco has caused to our environment, health and household incomes, if there is data to present that would be the best. Educate them on their rights as farmers, let them come up with their demands both to the government and BAT because government has failed to protect them while being exploited by such a big company. From a CSO point of view, we need to combine litigation with advocacy. While the case is going on, a campaign is going on and people are being educated on the issues and more support is being build. This gives support to the case.
An example of a similar thing happened in South Africa when the government amended the Intellectual property laws to allow full use of the TRIPS flebilities, in particualr compulsory licence which was aimed at giving compulsory licence to generic companies to produce cheap ARVS for people living with HIV/AIDS(PHAs). This happened when PHAs were dying in big numbers yet ARVs were very expensive. 40 powerful Pharmacuetical companies took SA government to court, while USA put SA on the 301( the bad boy) list. while government was still wondering how to start a case against such powerful companies yet the USA is ready for sanctions, the people living with HIV/AIDS mobilised themselves and also took the companies to court and started advocacy on the angle of right to health and made alot of noise about USA, EU and UN as to why they are watching while their big pharmacuetical companies are killling them due to lack of ARVs, yet the MDGs were in place,WHO is talking of universal access. Yet USA, EU UN claim to be champions of human rights. They quoted their constitution on right to health and life, the international conventions on human rights and right to health. The case went on for some time, it became very clear that these companies were morally wrong. Later these companies got embarrassed and withdrew the case against SA. This was a very big victory for SA but the case was withdrawn because the PHAs though powerless, stood strong for their rights. The big prharma had all the money to get the best lawyers in the world but on the issue of morality, they lost out. BAT is a powerful company and has all the money to do what it takes against the farmers but the farmers need stand for their rights and make alot of noise about it. To me these farmers are similar to these PHAs of SA. Though our farmers may not be to that level of these PHAs, they can be empowered. we can borrow a leaf from such campaigns. Thanks Christine ________________________________ From: Caleb Alaka <[email protected]> To: A Virtual Network for friends of West Nile <[email protected]> Sent: Tue, July 20, 2010 4:13:03 PM Subject: Re: [WestNileNet] Re: Does this case qualify for legal redress? This is a good case for Public interest litigation. I will instruct the Partner in my firm in charge of Arua Office to take it up and we shall discuss the way forward. If you are in Arua, can you get in touch with Ondoma Sam at O.B.Plaza Road. He is on 0772358452. I understand you are doing a good job down there.... keep it up --- On Tue, 7/20/10, oguzu lee <[email protected]> wrote: >From: oguzu lee <[email protected]> >Subject: Re: [WestNileNet] Re: Does this case qualify for legal redress? >To: "A Virtual Network for friends of West Nile" <[email protected]> >Date: Tuesday, July 20, 2010, 9:03 AM > > >After being educated by learned colleagues that a number of violations in our >society can actually be corrected through public interest litigations, I'm >prompted to bring your attention this case for your advice and opinion on >ideal >course of action. Over the weekend when we went for Mvara Day, i was >approached >by a number of farmers who complained about Continental Tobacco’s variation, >without farmer consent, tobacco grades already agreed upon between the farmer >and company authorized classifiers. I was showed documents that depicted >variation from higher grades to lower grades without explanation yet the known >purchase procedures have been: farmer takes produce to buying centres where >they >are classified by company reps. who later issue grade and weight certificates. >Payment would then be computed by multiplying price for that grade by the >number >of kilos. Under the current scenario, grade is agreed upon, tobacco is taken >to >central warehouse, regrading is done without farmers ntoice, and payment >processed on the basis of the lowered grades meaning the farmer will earn less. > >I didn’t only find this practice exploitative but also thought it could be in >contravention of some sections of Tobacco Control and Marketing Act of 1967. >Besides, this isn’t the first time farmers are suffering in the hands of >tobacco >companies. Last year, the same company unreasonably delayed to pay farmers and >many lost lives after a DMC lorry hired by BAT to ferry them overturned >causing >financial and human loss. Though tobacco farmers significantly contribute to >the >GDP of Uganda, little is being done to save them from exploitation of >multinational companies. > > >The purpose of this mail is to find out if such farmers’ rights (to be paid on >the basis of initial grades) can be enforced. Secondly how would one go about >initiating such a process? So far, i have reported this anomaly to the Tobacco >Inspector Arua, and thought a meeting involving Tobacco Inspector, concerned >farmers, Continental Tobacco rep, and production secretaries of affected >districts could help resolve this impasse. Can anyone in the legal circles >volunteer to attend, arbitrate and advise on possible action points as well as >contract farming? We are proposing having a meeting this coming Saturday >starting 9:00AM at Ovujo which is central for farmers as far as Koboko and >Vura. > > >As Christine rightly put it, many of us are not aware of our rights yet we >could count of each others strength. I also mentioned earlier that, in West >Nile, tobacco is grown by the poor, sold at throwaway prices determined by >tobacco companies, processed by low-paid workers, sold to the poor and used by >the poor, the majority of whom starve, stay poor, get sick while generating >wealth for multinationals. With most profits going to middle men and >multinationals, farmers are left with no option but starvation and incapacity >to >seek for legal redress after failure to raise enough money. This scenario puts >before a us a gap to be filled through sharing experiences and expertise >on these challenges confronting our societies. > > >I await your feedback! > >Denis Lee Oguzu > > ________________________________ From: christine munduru <[email protected]> >To: A Virtual Network for friends of West Nile <[email protected]> >Sent: Tue, July 20, 2010 1:02:16 AM >Subject: Re: [WestNileNet] Re: WestNileNet Digest, Vol 23, Issue 25 > > >I concur with Milton. We have not yet tried some of these things and when we >try >it doesnt mean all will be a success, but we should not conclude that they >will >always not work. What I know is many times people dont know their rights and >fear to demand for their rights. Even in this forum when you talk >about demanding for rights you get responses that puzzle at this level, people >tend to only create fear in those who want to stand up for their rights. Just >to give you some examples, we have funded lawyers like Silvia Tamale and >Rwakafuzi who have done some public interest litigations that have been won in >Uganda. In Kenya we have funded lawyers who have taken the anti- counterfeit >law that was passed last year to court because this law will limit access to >generic medicines which our EA countries depend on. We are almost winning it >and >the MoH of kenya had to confess to WHO that it was an oversight to pass this >law >after all the limitations of this law were highlighted and court has put an >injunction on this law untill the case is disposed of. We also have a similar >bill in Uganda that we are fighting and if passed the way it is now we shall >take it to court, same to the HIV bill. > > We need to first start by making people to know their rights so that they >can demand for them. Some of these could be done by WNF if we were really >organised.We also need lawyers who are activitists with interest in such >cases. >Many of our lawyers are just interested in money making, they can't even do >such >cases on pro-bono basis for the interest of the public. Yet these issues that >affect all of us. > >Christine > > > > ________________________________ From: anguyo milton <[email protected]> >To: [email protected] >Sent: Mon, July 19, 2010 12:00:40 PM >Subject: [WestNileNet] Re: WestNileNet Digest, Vol 23, Issue 25 > > >Hi Sunday, > >I want to encourage and assure Peter that Public litigation is not in >vain-already we can see that it as been effective in other places and the more >peope become aware of their civil rights,the more they'll act hence the >improvement in social services delivery by those charged with the >responsibility >at whatever level ! > > >I expect and want to see more public litigation cases before the courts to >defend the public good.......Arua sould be next ! > >Milton > >--- On Mon, 7/19/10, [email protected] <[email protected]> >wrote: > > >>From: [email protected] <[email protected]> >>Subject: WestNileNet Digest, Vol 23, Issue 25 >>To: [email protected] >>Date: Monday, July 19, 2010, 1:22 AM >> >> >>Send WestNileNet mailing list submissions to >> [email protected] >> >>To subscribe or unsubscribe via the World Wide Web, visit >> http://orion.kym.net/mailman/listinfo/westnilenet >>or, via email, send a message with subject or body 'help' to >> [email protected] >> >>You can reach the person managing the list at >> [email protected] >> >>When replying, please edit your Subject line so it is more specific >>than "Re: Contents of WestNileNet digest..." >> >> >>Today's Topics: >> >> 1. Re: KCC SUED OVER POT HOLES (Sunday Akile) >> 2. Re: KCC SUED OVER POT HOLES (peter odama) >> 3. Re: KCC SUED OVER POT HOLES (Kiggundu Mukasa) >> >> >>---------------------------------------------------------------------- >> >>Message: 1 >>Date: Sun, 18 Jul 2010 04:55:41 -0700 (PDT) >>From: Sunday Akile <[email protected]> >>Subject: Re: [WestNileNet] KCC SUED OVER POT HOLES >>To: A Virtual Network for friends of West Nile <[email protected]> >>Message-ID: <[email protected]> >>Content-Type: text/plain; charset="iso-8859-1" >> >>Hi Milton, >> >>This kind of civil action in courts of law is what is refered to us Public >>Interest litigation. Where a member or a group of persons or an organisation >>goes to court to enforce the rights of citizens. Such a right has to be >>provided for in the law. A right that defends the public good. >> >>In my view it is highly encouraged that as citizens for the good of our >>selves >>and the greater public, we should always take interest is >>such litigations either against government or even local governments who are >>incharge of managing our affairs and resources. By this i don't mean to >>suggest > >>what is unlawful but the opposite. I have noted that not many Ugandans have >>persued this angle of enforcing their rights but rather to lament & lament on >>all sorts of forums including ours here. >> >>Going to courts of law is Demoratic and a high level of civilisation! >> >>Akile Sunday Igu Rocks >>Managing Partner, >>M/s Akile, Olok & Co. Advocate >>5th Floor, Greenlad Towers, >>Plot 30, Kampala Rd. >> >> >> >> >>________________________________ >>From: anguyo milton <[email protected]> >>To: [email protected] >>Sent: Sat, July 17, 2010 12:34:58 PM >>Subject: [WestNileNet] KCC SUED OVER POT HOLES >> >> >> >>-------------- next part -------------- >>An HTML attachment was scrubbed... >>URL: >>http://orion.kym.net/pipermail/westnilenet/attachments/20100718/d6d6f719/attachment-0001.html >> >> >>------------------------------ >> >>Message: 2 >>Date: Mon, 19 Jul 2010 02:00:47 +0300 >>From: peter odama <[email protected]> >>Subject: Re: [WestNileNet] KCC SUED OVER POT HOLES >>To: A Virtual Network for friends of West Nile <[email protected]> >>Message-ID: >> <[email protected]> >>Content-Type: text/plain; charset="iso-8859-1" >> >>Hi Milton, >> >>I beg your pardon, as visually and in any other way, its explicitly very >>hard to comment now and tomorrow if fine for us, let's understand micro >>economically leave politics and propaganda out.........without any impunity >>how many NGO's and company employees are paying/remitting reasonably good >>Local Service Tax , URA and PAYE in our own Navel land??????? >>starting with your area, going to court is just a waste of time, all >>Ugandans if am not mistaken, Dont know any reasonabe future of going to >>court, but Every one and our infants know natural Law, and its effects etc >>with Legal implications, KCC is the mother land for future corrections >>unless all Ugandans know that its for the common purpose and its hard >>to comment but it will take reasonally good time to have KCC corrected as >>Cosmopolitant.............................city, a village is a Village >> >>My advise to all of us, is we should use our leaders in our own arears who >>are currently helping to pivot our little painfull economy to push such >>factors, development takes time, but we MUST use BIG Push Theory or any >>other as the last resort factor, but its not the time if i can see >> >>We sponsor our self/bros/sisters/sons/daughters and needy to school, then we >>shall feel it in Mass Populations for all in every national economy, we all >>care >> >>AM TALKING ABOUT REVENUE INPUT PER VILLAGE ECONOMY >> >> >>Odama >>On 18 July 2010 14:55, Sunday Akile <[email protected]> wrote: >> >>> Hi Milton, >>> >>> This kind of civil action in courts of law is what is refered to us Public >>> Interest litigation. Where a member or a group of persons or an organisation >>> goes to court to enforce the rights of citizens. Such a right has to be >>> provided for in the law. A right that defends the public good. >>> >>> In my view it is highly encouraged that as citizens for the good of our >>> selves and the greater public, we should always take interest is >>> such litigations either against government or even local governments who are >>> incharge of managing our affairs and resources. By this i don't mean to >>> suggest what is unlawful but the opposite. I have noted that not many >>> Ugandans have persued this angle of enforcing their rights but rather to >>> lament & lament on all sorts of forums including ours here. >>> >>> Going to courts of law is Demoratic and a high level of civilisation! >>> >>> *Akile Sunday Igu Rocks >>> *Managing Partner, >>> M/s Akile, Olok & Co. Advocate >>> 5th Floor, Greenlad Towers, >>> Plot 30, Kampala Rd. >>> >>> >>> ------------------------------ >>> *From:* anguyo milton <[email protected]> >>> *To:* [email protected] >>> *Sent:* Sat, July 17, 2010 12:34:58 PM >>> *Subject:* [WestNileNet] KCC SUED OVER POT HOLES >>> >>> >>> >>> >>> _______________________________________________ >>> WestNileNet mailing list >>> [email protected] >>> http://orion.kym.net/mailman/listinfo/westnilenet >>> >>> WestNileNet is generously hosted by INFOCOM http://www.infocom.co.ug/ >>> >>> All Archives can be found at >>> http://www.mail-archive.com/[email protected]/ >>> >>> The above comments and data are owned by whoever posted them (including >>> attachments if any). The List's Host is not responsible for them in any way. >>> _______________________________________________ >>> >>> >>-------------- next part -------------- >>An HTML attachment was scrubbed... >>URL: >>http://orion.kym.net/pipermail/westnilenet/attachments/20100719/00bdb9aa/attachment-0001.html >> >> >>------------------------------ >> >>Message: 3 >>Date: Mon, 19 Jul 2010 08:21:26 +0300 >>From: Kiggundu Mukasa <[email protected]> >>Subject: Re: [WestNileNet] KCC SUED OVER POT HOLES >>To: A Virtual Network for friends of West Nile <[email protected]> >>Message-ID: <[email protected]> >>Content-Type: text/plain; charset="us-ascii" >> >> >> >>My two cents >>New York City was forced to fix potholes after a successful suit by one >>person >>for damages to his car >>Everyone then jumped on the bandwagon and sued as well. >>In order not to go bankrupt from the suits of every motorist the city passed >>a >>law that if a pothole was reported and not fixed within two weeks then the >>city >>was liable for any damages >>They now fix all potholes within two weeks of them appearing and being >reported. >> >>Kiggs >> >> >> >>On Jul 19, 2010, at 2:00 AM, peter odama wrote: >> >>> Hi Milton, >>> >>> I beg your pardon, as visually and in any other way, its explicitly very >>> hard >>>to comment now and tomorrow if fine for us, let's understand micro >>>economically >>>leave politics and propaganda out.........without any impunity how many >>>NGO's >>>and company employees are paying/remitting reasonably good Local Service Tax >>>, >>>URA and PAYE in our own Navel land??????? >>> starting with your area, going to court is just a waste of time, all >>> Ugandans >>>if am not mistaken, Dont know any reasonabe future of going to court, but >>>Every >>>one and our infants know natural Law, and its effects etc with Legal >>>implications, KCC is the mother land for future corrections unless all >>>Ugandans >>>know that its for the common purpose and its hard to comment but it will >>>take >>>reasonally good time to have KCC corrected as >>>Cosmopolitant.............................city, a village is a Village >>> >>> My advise to all of us, is we should use our leaders in our own arears who >>> are >>>currently helping to pivot our little painfull economy to push such >>>factors, >>>development takes time, but we MUST use BIG Push Theory or any other as the >>>last >>>resort factor, but its not the time if i can see >>> >>> We sponsor our self/bros/sisters/sons/daughters and needy to school, then >>> we >>>shall feel it in Mass Populations for all in every national economy, we all >>>care >>> >>> AM TALKING ABOUT REVENUE INPUT PER VILLAGE ECONOMY >>> >>> >>> Odama >>> On 18 July 2010 14:55, Sunday Akile <[email protected]> wrote: >>> Hi Milton, >>> >>> This kind of civil action in courts of law is what is refered to us Public >>>Interest litigation. Where a member or a group of persons or an organisation >>>goes to court to enforce the rights of citizens. Such a right has to be >>>provided >>>for in the law. A right that defends the public good. >>> >>> In my view it is highly encouraged that as citizens for the good of our >>> selves >>>and the greater public, we should always take interest is such litigations >>>either against government or even local governments who are incharge of >>>managing >>>our affairs and resources. By this i don't mean to suggest what is unlawful >>>but >>>the opposite. I have noted that not many Ugandans have persued this angle of >>>enforcing their rights but rather to lament & lament on all sorts of forums >>>including ours here. >>> >>> Going to courts of law is Demoratic and a high level of civilisation! >>> >>> Akile Sunday Igu Rocks >>> Managing Partner, >>> M/s Akile, Olok & Co. Advocate >>> 5th Floor, Greenlad Towers, >>> Plot 30, Kampala Rd. >>> >>> >>> From: anguyo milton <[email protected]> >>> To: [email protected] >>> Sent: Sat, July 17, 2010 12:34:58 PM >>> Subject: [WestNileNet] KCC SUED OVER POT HOLES >>> >>> >>> >>> >>> _______________________________________________ >>> WestNileNet mailing list >>> [email protected] >>> http://orion.kym.net/mailman/listinfo/westnilenet >>> >>> WestNileNet is generously hosted by INFOCOM http://www.infocom.co.ug/ >>> >>> All Archives can be found at http://www.mail-archive.com/[email protected]/ >>> >>> The above comments and data are owned by whoever posted them (including >>>attachments if any). The List's Host is not responsible for them in any way. >>> _______________________________________________ >>> >>> >>> _______________________________________________ >>> WestNileNet mailing list >>> [email protected] >>> http://orion.kym.net/mailman/listinfo/westnilenet >>> >>> WestNileNet is generously hosted by INFOCOM http://www.infocom.co.ug/ >>> >>> All Archives can be found at http://www.mail-archive.com/[email protected]/ >>> >>> The above comments and data are owned by whoever posted them (including >>>attachments if any). The List's Host is not responsible for them in any way. >>> _______________________________________________ >> >> >> >> >> >> -- Acta Virum Probant -- >> >>- ---- >>Kiggundu Mukasa >>SERVAL LTD. >>Plot 80 Kanjokya Street >>P.O. Box 24284 Kampala, Uganda >>Tel: +256 772 972255 >> +256 414 571779 >>Fax: +256 312 262122 >> >>http://serval.ug/ >> >> >> >> >>-------------- next part -------------- >>An HTML attachment was scrubbed... >>URL: >>http://orion.kym.net/pipermail/westnilenet/attachments/20100719/86772768/attachment.html >> >> >>------------------------------ >> >>_______________________________________________ >>WestNileNet mailing list >>[email protected] >>http://orion.kym.net/mailman/listinfo/westnilenet >> >> >>End of WestNileNet Digest, Vol 23, Issue 25 >>******************************************* >> > > > >-----Inline Attachment Follows----- > > >_______________________________________________ >WestNileNet mailing list >[email protected] >http://orion.kym.net/mailman/listinfo/westnilenet > >WestNileNet is generously hosted by INFOCOM http://www.infocom.co.ug/ > >All Archives can be found at http://www.mail-archive.com/[email protected]/ > >The above comments and data are owned by whoever posted them (including >attachments if any). The List's Host is not responsible for them in any way. >_______________________________________________ >
_______________________________________________ WestNileNet mailing list [email protected] http://orion.kym.net/mailman/listinfo/westnilenet WestNileNet is generously hosted by INFOCOM http://www.infocom.co.ug/ All Archives can be found at http://www.mail-archive.com/[email protected]/ The above comments and data are owned by whoever posted them (including attachments if any). The List's Host is not responsible for them in any way. _______________________________________________
