HIV Criminalisation in the Commonwealth

Briefing Paper, February 2025

To coincide with our UK Parliamentary event to commemorate HIV is Not A Crime Awareness Day, in February 2025, we published a briefing paper for UK parliamentarians analysing the prevalence and impact of HIV criminalisation laws and prosecutions amongst the 56 member nations of the Commonwealth.

The report reveals that 21 jurisdictions across 18 countries have HIV-specific laws, with Nigeria having multiple state laws. Since monitoring began, 43 jurisdictions in 25 Commonwealth nations have reported cases of HIV criminalisation, with 17 jurisdictions actively enforcing these laws between January 2020 and February 2025. These laws were often applied through general criminal provisions, rather than specific HIV laws.

Global trends show more repeals and reforms in HIV laws, but the Commonwealth lags behind, with only four reforms since 2020. Notably, Belize repealed its HIV law, while Singapore introduced a defence for undetectable viral loads. New HIV-related laws introduced in Nigeria and Uganda controversially included death penalties, though Uganda’s law was struck down in 2024.

The report highlights that Canada, the UK, India, and Singapore had the highest rates of reported HIV criminalisation cases in the Commonwealth. Cases largely involved heterosexual men (35%) and cisgender women (19%), with the most common allegations being sexual transmission and exposure.

Despite global reforms, the Commonwealth continues to apply and introduce harsh HIV laws, with disproportionate impacts on marginalised groups, including LGBTQ+ individuals and sex workers.

Download the briefing paper (English, pdf, 5 pages)