A critical analysis of the implementation of Uganda’s legal framework against substance abuse: a case study of Kampala Central Division

Abstract

The rising prevalence of substance abuse in Uganda, particularly in Kampala Central Division (KCD) ignited questions into the effectiveness of the interventions, including the legal framework, that were in place to control it. Since previous research had not paid enough attention to answering this question in the context of the legal framework in place, the purpose of this study was to attempt to provide this answer. The study was guided by four objectives, namely:(a)exploring the adequacy of the legal framework enacted to control substance abuse in KCD; (b) analysing the extent to which this legal framework was implemented to achieve its purpose in KCD; (c) establishing the constraints to this implementation; and (d) suggesting remedies to these constraints. The objectives were achieved using as a case study research design involving a socio-legal qualitative approach to data collection and analysis. The sample consisted of 80 purposively selected participants who included members of parliament, ministry of health officials, police officers, prosecutors, judicial officials, lawyers, health officers, civil society organisation officials, pharmacists and substance abusers under rehabilitation. Primary data was collected using face-to-face interviews guided by an interview guide and focus group discussions, and analysed using Yin’s (2015) framework of thematic analysis. Secondary data was collected and analysed using doctrinal analysis of relevant legal instruments and reports. The key findings of the study are as follows: Uganda’s legal framework adequately provides for controlling substance abuse by averting the supply of psychotropic and psychoactive substances, but has lacunae that make it insufficient to prevent this abuse from the demand side. For instance, substance abuse is not explicitly defined while some substances such as gasoline are not considered illicit despite their being highly abused in KCD. In addition the use of the harm reduction strategies is not explicitly provided for in legal framework. These lacunae encourage ghetto youth, musicians and other popular individuals to abuse khat, marijuana, gasoline and other substances publicly. The implementation of this legal framework involved the police destroying marijuana farms, arresting and facilitating prosecution of the cultivators and those found in possession of illicit drugs, and arresting the abusers found in the company of these suspects and referring them to rehabilitation centres. The extent of this implementation was however, assessed as negligible compared to the prevalence of substance abuse in KCD and Uganda at large. The constraints to this implementation included the lacunae in the legal framework, inadequate funding, corruption, insufficient enforcement capacity and low police-public cooperation caused by police brutality and unreliability in confidentially keeping public sources of information on perpetrators of substance abuse. These constraints contributed to the negligible implementation of the legal framework. To remedy the constraints, this study suggests amendments to Article 23(1) (f) of Uganda’s Constitution to provide for preventive measures against substance abuse instead of providing for only rehabilitative measures. The government of Uganda should also provide adequate budgetary funding to facilitate control of substance abuse by the police, DPP, judiciary, and rehabilitation centres. The police should weed corruption out of its department that handles substance abuse detection and investigation; and provide professional skills training in substance abuse detection. Licensed pharmacy and drug shop operators should stop selling psychotropic and psychoactive drugs to buyers who do not present medical prescription from authorised professional physicians.