Beyond Blame @ AIDS 2016 Communique

DURBAN, SOUTH AFRICA, 17 JULY 2016

We cannot end the HIV pandemic without ending the epidemic of criminalisation of people living with HIV.

As activists, advocates, lawyers, and researchers engaged in the fight against HIV criminalisation, we are acutely aware of the harms it causes – to people who are criminalised, to those living with the threat of criminalisation, and to the HIV response in our countries. We stand in solidarity with survivors of unjust criminalisation, whose powerful stories we have heard and whose courage we honour.

The science of HIV is settled. HIV treatment works: it prevents disease, prevents death, and prevents transmission. Yet the scientific advances of recent years, which have saved countless lives, have all too often been misunderstood, misrepresented or ignored in the criminal justice system. The number of countries – 72 – with laws targeting people with HIV is increasing, not falling, and unjust prosecutions continue unabated. To protect both public health and human rights, these unjust laws must be repealed, police and prosecutorial policies must be reformed, and legal practitioners must be educated about the reality of HIV today.

There has been insufficient attention paid to the issue of HIV criminalisation within the scientific and medical community. While many researchers and clinicians are powerful and valued allies in our fight against unjust laws, we believe the medical and scientific communities can do more – indeed they must do more if the promise of ending HIV is to be achieved.

There has also been insufficient attention paid to these issues by the International AIDS Conference. As the leading global event in the HIV/AIDS arena, the IAC should provide greater prominence to the ways in which law and health intersect, especially in the area of HIV criminalisation. We call on the IAS to make a clear commitment to greater visibility of and access to HIV criminalisation-related research and policy.

We call on the scientific and medical community to join us as advocates in the fight to end HIV criminalisation. We are united by a common desire to see an end to new HIV infections, to AIDS deaths, to HIV-related discrimination, and to stigma against communities living with and affected by HIV. There can be no ‘end to AIDS’ while people with HIV face police action, prosecution, and imprisonment. We cannot reach the 90-90-90 target while criminal laws actively discourage testing, treatment, and prevention.

Public health policy, treatment, and support programmes are all impeded if they are not coupled with creating an enabling environment free of HIV criminalisation. The time is right for a new, holistic approach that incorporates all these issues under a single umbrella of action to end HIV.

ABOUT HIV JUSTICE WORLDWIDE

HIV JUSTICE WORLDWIDE is an initiative made up of global, regional, and national civil society organisations – most of them led by people living with HIV – who are working together to build a worldwide movement to end HIV criminalisation. All of the founding partners have worked individually and collectively on HIV criminalisation for a number of years.

The founding partners are: AIDS and Rights Alliance for Southern Africa (ARASA); Canadian HIV/AIDS Legal Network; Global Network of People Living with HIV (GNP+); HIV Justice Network; International Community of Women Living with HIV (ICW); Positive Women’s Network – USA (PWN-USA); and Sero Project (SERO).

ABOUT BEYOND BLAME @ AIDS 2016

On 17 July 2016, 150 advocates, activists, researchers, and community leaders met in Durban for a full-day pre-conference meeting for AIDS 2016, to discuss progress on the global effort to combat the unjust use of the criminal law against people with HIV. The Durban meeting followed similar successful meetings held at the International AIDS Conferences in Melbourne (2014) and Vienna (2010). The purpose of the meeting was to provide practical opportunities for advocates working in different jurisdictions to share knowledge, collaborate, and energise the fight against HIV criminalisation. Detailed summaries and outcomes of the meeting, including a video summary, will be available in due course from www.hivjusticeworldwide.org

Uganda: Civil society coalition file a constitutional petition against controversial HIV and AIDS Prevention and Control Act, 2015

KAMPALA – A network of civil society organisations has dragged the Attorney General to the Constitutional Court, querying the packaging of the HIV and AIDS Prevention and Control Act, 2015.

Representatives of the CSOs filed a constitutional petition on Thursday, lamenting that the law is undermining efforts to fight the scourge.

“I believe the law will have the overall effect of undermining public health objectives of HIV prevention and control,” the petition reads in part. –

The petitioners are Uganda Network on Law, Ethics and HIV/AIDS (UGANET), Makerere law don Prof Ben Twinomugisha, and the International Community of Women Living with HIV in Eastern Africa (ICWEA).

Government’s chief legal representative and advisor the Attorney General is listed as the respondent.

Parliament passed the bill on May 13, 2014. President Yoweri Museveni assented to the bill in August of the same year. –

Canada: Activists challenge Ontario's Premier to intervene in unjust prosecutions

Banner drop! Stop criminalizing people living with HIV!

Posted on July 3, 2016 by AAN

STOP THE WITCH-HUNT:

Activists drop banner with message to Ontario Premier

during Toronto Pride parade

TORONTO, July 3, 2016 —This afternoon, as the Ontario Premier marched in the country’s largest Pride parade, AIDS ACTION NOW! (www.aidsactionnow.org) dropped a huge banner overlooking Yonge Street, calling on Kathleen Wynne to “stop criminalizing people with HIV.”

Ontario continues to lead Canadian provinces in charges against people living with HIV for not disclosing their status, even when they have taken precautions to protect their partners, when there is little to no risk of transmission, and when no transmission has taken place. People are being prosecuted for aggravated sexual assault, one of the most serious charges under the Criminal Code. Conviction carries a maximum penalty of life imprisonment and a mandatory designation as a sex offender for a minimum of 20 years. Analysis of prosecutions shows a disproportionate number of charges against racialized people and a growing number against vulnerable women.

Overly broad criminalization is not only unjust, it also undermines public health. Fear of being criminalized discourages people from testing for HIV or seeking counselling. Fear of prosecution also makes it more difficult for people to disclose their status. This can contribute to the spread of HIV. Two years ago, nearly 80 of Canada’s leading HIV scientists issued a ground-breaking consensus statement reviewing the scientific evidence about HIV transmission risk and expressing their concern about the increasing divergence between that science and the overly broad use of the criminal law.

In 2010, Ontario’s then-Attorney General Chris Bentley committed to developing guidelines to limit such prosecutions. Six years later, his Ministry still refuses to develop guidelines to this effect. Meanwhile, Crown attorneys in Ontario continue to pursue such cases and even seek to expand the circumstances in which people can be convicted. This is not in the public interest.

We call on Premier Wynne to intervene. Her Attorney General must instruct Crown attorneys to respect scientific evidence about HIV transmission and stop unnecessary, unjust prosecutions which undermine public health efforts to control the spread of HIV.

– 30 –

For further information:

▪ AIDS ACTION NOW!: Darien Taylor (Sunday, July 3, only), 416-516-3147

▪ For legal background: Richard Elliott, Canadian HIV/AIDS Legal Network, 416 898 3313

▪ For a timeline on efforts to engage the Ministry of the Attorney General: www.clhe.ca

Australia: Northern Territory AIDS & Hepatitis Council calls on government to engage in community consultation before debating the proposed amendments to the Police Administration Act that forces HIV, Hepatitis B & C blood testing of offenders

NT Aids and Hepatitis Council says amendments to Police Administration Act could breach civil liberties

NT News

The Northern Territory Government’s controversial push to have the Police Administration Act amended to have forced blood tests on those who spit, bite or exchange blood with officers has come under fire.

The NT’s peak representative body for people with blood-borne diseases, Northern Territory AIDS & Hepatitis Council, said yesterday that the amendments were in breach of civil liberties and human rights.

They are calling for the government today to stop and consult.

Community member Sam Bowden said less invasive options than drawing blood against someone’s will needed to be investigated.

“It is possible to develop sound public health policy based on the available evidence, that protects the health and well being of police officers and their families, and which upholds the human rights of HIV key affected populations – but governments have to consult the community to get the balance right,” she said.

Other concerns for the group were the facts that it could unfairly target homeless and indigenous people as well as further create a stigma around those living with blood-borne diseases.

A public education stall run by NTAHC will be out the front of parliament tomorrow from 9am to 4pm.

A petition to call on the Government to consult with the community before debating the amendment in parliament can be found at change.org

Originally published in NT News

Sweden: Civil societies organisations call for guidelines to prosecutors in cases of HIV-criminalisation

“Major Uncertainty about HIV in Courts – The Prosecutor must act”

Open letter to the Prosecutor General Anders Perklev:

The organizations Hiv-Sweden, RFSL and RFSU call for guidelines for prosecutors for prosecutions against people living with HIV who are at risk of transmitting the virus via sexual contacts.

Signatory organizations promote the development of HIV in Sweden, how people living with HIV perceive their situation, the way in which case law looks and the medical successes in the field. Since 2013, the knowledge base “Infectiousness in Treated HIV Infection” has been developed by the Public Health Authority and the Reference Group for AntiViral Therapy (RAV), which shows that there is a negligible risk of HIV transmission during well-treated treatment.

Since 2016, there is also a document written by medical experts in which the disability rate in HIV is reduced from 40-60% to 0-10%.

These documents should have a major impact on the prosecution of persons, for whom crimes are prosecuted, how damages for a possible transfer should be measured and how seriously the chronic disease HIV should be considered.

RFSU, RFSL and Hiv-Sweden can say that there is great uncertainty in courts and justice in general how to handle the progress made in the medical field regarding HIV. There is no precedent since the knowledge base came and, as the Prosecutor is aware, no trial was given in the Supreme Court for Case B 2152-13, the Court of Appeal over Skåne and Blekinge, in which a person living with HIV and had a so-called well-treated treatment was released from criminal liability.

Signatory organizations welcome the Court of Appeal’s judgment, which clearly takes into account medical success, contagiousness and other facts in the case. Unfortunately, the Supreme Court (in connection with the grant of a review) did not refer to the decision NJA 2004 p. 176, which means that the judgment of the Court of First Instance can not be regarded as prejudicial.

Signatory organizations find it deeply unfortunate that the Supreme Court did not test the case partly referring to precedents no longer based on current knowledge. This means that the legal situation is unchanged and unclear, which creates legal uncertainty for people living with HIV.

Regrettably, we can say that the courts have begun to take care of the medical successes that have been made since 2004, and in the days a new intelligence judgment in which a man living with HIV and standing on a well-treated treatment is released from criminal liability (see Day’s Juridics 2016- 05-31 ). We hope that Objective B 212-15 from Uppsala District Court will proceed in the judicial system and create a new practice in this area.

The judgment states that the risk of HIV transmission to unprotected intercourse is so small in case of well-being treatment that one can not reasonably expect the effect of transfer and thus does not fulfill the objective crimes for the development of danger to another.

Even though the profession assesses the risk of HIV transmission to be neglected in well-preserved HIV even in unprotected intercourse, prosecutors continue to famble as to which acts will lead to prosecutions and which crimes are prosecuted. For example, some prosecutors choose to prosecute people living with HIV, with well-treated treatment, without the intention of transmitting HIV and there was no transfer for attempted abuse, which is neither reasonable nor correct.

RFSU, RFSL and HIV-Sweden want guidelines from the RA to the prosecutor who takes into account the major medical achievements and the knowledge base available to create a fairness in how the judicial system manages this already vulnerable group of people living in our society HIV.

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“Stor osäkerhet om HIV hos domstolar och rättsväsende – riksåklagaren måste agera“

Öppet brev till riksåklagaren Anders Perklev:

Organisationerna Hiv-Sverige, RFSL och RFSU efterlyser riktlinjer för åklagare avseende åtal mot personer som lever med hiv och som riskerar att överföra viruset via sexuella kontakter.

Undertecknande organisationer följer utvecklingen noga avseende hiv i Sverige, hur personer som lever med hiv uppfattar sin situation, hur rättspraxis ser ut och de medicinska framgångar som görs på området. Sedan år 2013 finns kunskapsunderlaget “Smittsamhet vid behandlad hivinfektion” framtaget av Folkhälsomyndigheten och Referensgruppen för AntiViral terapi (RAV), i vilket det framgår att det föreligger försumbar risk för överföring av hiv vid välinställd behandling.

Sedan år 2016 finns det även ett dokument skrivet av medicinska experter i vilket invaliditetsgraden vid hiv sänks från tidigare 40-60 % ned till 0-10 %.

Dessa dokument borde få stor inverkan på när personer åtalas, för vilka brott personer åtalas, hur skadestånd vid en eventuell överföring bör mätas och hur allvarlig den kroniska sjukdomen hiv skall betraktas vara.

RFSU, RFSL och Hiv-Sverige kan konstatera att det råder stor osäkerhet i domstolar och rättsväsendet i övrigt hur de ska hantera de framsteg som görs på det medicinska området gällande hiv. Det saknas prejudikat sedan kunskapsunderlaget kom, och som riksåklagaren väl känner till gavs inte prövningstillstånd i högsta domstolen för mål B 2152-13, Hovrätten över Skåne och Blekinge, i vilket en person som lever med hiv och hade en så kallad välinställd behandling friades från straffansvar.

Undertecknande organisationer välkomnar hovrättens dom, som tydligt tar hänsyn till medicinska framgångar, smittsamhetsdokumentet och fakta i övrigt i målet. Dessvärre hänvisade Högsta domstolen (i samband med att prövningstillstånd inte gavs) till avgörandet NJA 2004 s. 176 vilket innebär att hovrättens dom inte kan anses vara prejudicerande.

Undertecknande organisationer finner det djupt olyckligt att Högsta domstolen dels inte prövade målet dels hänvisade till prejudikat som inte längre baserar sig på aktuell kunskap. Detta innebär att rättsläget är oförändrat och otydligt, vilket skapar en rättsosäkerhet för personer som lever med hiv.

Glädjande nog kan vi konstatera att domstolarna ändock har börjat ta till sig av de medicinska framgångar som gjorts sedan 2004 och i dagarna kom en ny underrättsdom i vilken en man som lever med hiv och står på välinställd behandling frias från straffansvar (se Dagens Juridik 2016-05-31) . Vi hoppas att mål B 212-15 från Uppsala tingsrätt skall gå vidare inom rättsväsendet och skapa en ny praxis på området.

I domen konstateras att risken för överföring av hiv vid oskyddade samlag är så pass liten vid välinställd behandling att man inte rimligen kan förvänta sig effekten att överföring sker, och att det därmed inte uppfyller de objektiva brottsförutsättningarna för framkallande av fara för annan.

Trots att professionen bedömer risken för överföring av hiv vara försumbar vid välinställd hiv även vid oskyddade samlag fortsätter åklagare att famla när det gäller vilka gärningar som skall leda till åtal och vilka brott som åtalas för. Vissa åklagare väljer till exempel att åtala personer som lever med hiv, med välinställd behandling, utan uppsåt att överföra hiv och där ingen överföring skett för försök till misshandel vilket varken är rimligt eller korrekt.

RFSU, RFSL och Hiv-Sverige önskar riktlinjer från RÅ till landets åklagare som tar hänsyn till de stora medicinska framgångar som gjorts och det kunskapsunderlag som finns, för att skapa en rimlighet i hur rättsväsendet hanterar denna redan utsatta grupp personer i vårt samhälle som lever med hiv.

US: Colorado legislature votes to overhaul HIV criminalisation laws and now awaits governor's signature

This month, people living with HIV in Colorado scored a major legislative victory when the state legislature voted to pass Senate Bill (SB) 146. The bill repeals two HIV criminalization statutes, reforms another and standardizes and modernizes statutory language addressing sexually transmitted infections (STIs) including HIV. SB 146. It now awaits Governor John Hickenlooper’s signature.

Unlike many other states, Colorado has no law criminalizing the non-disclosure of HIV. However, if a person living with HIV is convicted of sexual assault, he or she can be given a sentence enhancement, meaning that a prison sentence can be increased up to three times the maximum sentence. The statute does not limit application of the enhancement to cases in which the assault led to HIV transmission; the fact that the assailant has HIV is enough to trigger it.

Colorado also has two statutes criminalizing sex workers living with HIV. One requires HIV testing for persons accused of sex work. If they test positive, prosecutors are allowed to access their health records to see whether they had previously been diagnosed with HIV. The second statute allows a felony charge ofprostitution with knowledge of being infected with AIDS.

These laws were rarely applied. “Even though the law had been on the books for years, there were very few prosecutions and even fewer convictions,” said Colorado Senator Pat Steadman, who sponsored SB 146, during his keynote address at the second HIV is Not a Crime conference last week in Huntsville, Alabama. In his research, he had found only a few cases where people had been charged with sexual assault with HIV; those had ended with plea bargains, meaning that the conviction and enhanced sentence had never been imposed.

Prostitution with knowledge of being infected with AIDS was used even less frequently. Steadman found only six cases in which people had been prosecuted under that statute. Those six include multiple prosecutions of one sex worker. The last prosecution resulted in a conviction and a lengthy prison sentence. But, Steadman pointed out, sex work is an example of a consensual, commercial transaction in which both parties are aware of the risk of STIs, and it shouldn’t be subject to criminalization. “It’s not really causing harm to others,” he noted.

Steadman credits the Colorado Mod Squad (“mod” is short for “modernization”), a de-criminalization taskforce led by the Positive Women’s Network-USA Colorado, with the impetus for the bill. The Mod Squad approached Senator Steadman asked if he’d consider sponsoring a bill repealing HIV criminalization. Steadman, who had a long history of working on HIV and public health issues, agreed. But, he told TheBody.com, “They did the initial research; they got the grassroots community support and brought in the medical experts.”

In March, Steadman introduced SB 146. The bill repeals the statutes on mandated testing for those arrested for sex work and the separate felony charge for prostitution with knowledge of being infected with HIV. While SB 146 does not eliminate the sentencing enhancement for sexual assault with HIV, it amends the law so that HIV transmission is a necessary trigger. “Now, with prophylaxis, the risk of transmission is greatly reduced, and so the likelihood of the law being used in the future is very low,” Steadman told TheBody.com.

Kari Hartel and Barb Cardell are both part of the Colorado Mod Squad. They noted that the impetus for the modernization bill came at the first HIV is Not a Crime conference in Grinnell, Iowa, in 2014. Iowa had just repealed its HIV criminalization law and, Hartel recalled, conference organizers challenged the audience, “Who’s next?”

“Barb’s hand shot up,” Hartel remembered.

Cardell said that when they set out to repeal the state’s criminalization statutes, they were often told, “That’s impossible.” But they persevered — and made sure that people living with HIV were involved to whatever extent they could be. “We’d ask them to read a part of the bill,” she remembered. “Or we’d ask them to read the whole bill.” Thirty-five people living with HIV participated in shaping the bill in some way. Some of the Mod Squad’s core members, such as John Tenorio and Deric Stowell, drove for hours — sometimes in snowstorms — from rural Colorado to Boulder to work on the bill.

At times, ensuring a wide range of participation made the process take longer. For instance, Hartel works with youth, but seeking their input involved more than simply asking them to read the bill and provide feedback. “A lot of the young people want the 30-second overview and how it will affect their lives,” she told TheBody.com.

When their questions couldn’t be answered, Mod Squad members brought their concerns to other meetings with policy advocates and public health officials, then brought the answers back to youth at a follow-up meeting. But all of the Mod Squad members agreed that meaningful participation of people living with HIV was crucial to the process. “This was a movement spearheaded by people with HIV,” said Hartel.

“The criminal law is a clumsy and ineffective tool for protecting public health,” became the sound bite as Steadman began garnering support for the bill. In doing so, he realized the extent of misinformation and ignorance about HIV transmission and criminalization laws. The campaign also provided him the opportunity to educate people, including those in law enforcement, about HIV transmission and its many myths. He downloaded a flier that says, “Spit doesn’t transmit,” and he passed copies out, primarily to police officers. Many, he recalled, were surprised to learn that saliva does not transmit HIV. “They pretended they knew, but they were also taken aback. They’d ask, ‘But what about dentists?'” Shaking his head, he reflected, “There hasn’t been a real effort for society to educate itself.”

Two months after the bill was introduced, members of the Mod Squad were present when the state legislature voted on the bill. As each section was approved, Reverend Tammy Garrett-Williams remembered exclaiming, “It’s passing, it’s passing!”

“It’s not passed yet,” Hartel recalled telling her. But the legislature passed the bill and it now awaits the governor’s signature. He has until June 10th to sign it into law. Steadman is confident that he will do so.

Nine members of the Colorado Mod Squad celebrated their victory at last week’s second HIV is Not a Crime conference. Conference organisers ordered two giant cakes to applaud their success. “It takes me back to Martin Luther King’s ‘I Have a Dream,'” reflected Reverend Tammy Garrett-Williams, another Mod Squad member. “He had a dream, but I have a mission.”

Originally published in The Body

US: The Elton John AIDS Foundation calls upon all federal, state, and local governments to put an end to the criminalisation of HIV

EJAF Chairman David Furnish: “State and Federal Governments Must Stop Criminalizing HIV”

 Elton John AIDS Foundation

HIV Criminalization / Michael Johnson Website Statement

May 3, 2016

Full Statement

The Elton John AIDS Foundation (EJAF) formally calls upon all federal, state, and local governments to put an end to the use of criminal law to target the conduct of people living with HIV and other diseases.  In doing so, we join in consensus with a number of highly respected organizations, medical experts, public health officials, and policy makers in stating that the criminalization of HIV and other diseases institutionalizes and promotes HIV stigma and discourages people from being tested for HIV and knowing and disclosing their HIV status to their partners.

Other organizations supporting this point of view include the Presidential Advisory Council on HIV/AIDS, the U.S. Department of Justice, the American Medical Association, the Association of Nurses in AIDS Care, the American Academy of HIV Medicine, the American Psychological Association, the National Alliance of State and Territorial AIDS Directors, the National Association of County and City Health Officials, the U.S. Conference of Mayors, and the Positive Justice Project (representing more than 1000 organizational and individual endorsements from across the United States).

Recently, EJAF published a web article on the subject of the criminalization of the behavior of HIV-positive people.  The Missouri case of 24-year-old Michael L. Johnson, an HIV-positive Lindenwood University star wrestler, who was sentenced to more than 30 years in prison in July of 2015 for having consensual sex with five other men, illustrates the tremendous injustice inherent in prosecuting people for being HIV positive. The men involved claim Michael did not disclose his HIV status to them, although he says he did; one man has become HIV-positive. If Michael had committed vehicular manslaughter, he would have faced a sentence of only 7 years or less. Instead, he has been given a much longer sentence drastically out of proportion to the actual harm involved.

Missouri’s law not only makes it a serious felony to have consensual sex while living with HIV, but also it explicitly states that taking measures to protect your partner by using a condom is not a defense, and it treats HIV as the equivalent of a deadly weapon, which is completely irrational.  HIV is a treatable, manageable disease and should never be the basis for a felony prosecution, nor should any felony law ever refuse to take a defendant’s lack of harmful intent into consideration.

The Elton John AIDS Foundation applauds attorneys Lawrence S. Lustberg and Avram Frey of the prominent law firm of Gibbons P.C. for providing pro bono counsel for Michael’s appeal and the following organizations for signing onto an amicus brief on Michael’s behalf:  AIDS Law Project of Pennsylvania, American Academy of HIV Medicine, American Civil Liberties Union of Missouri Foundation, Athlete Ally, Black AIDS Institute, Center for Constitutional Rights, Center for HIV Law and Policy, Counter Narrative Project, Dr. Jeffrey Birnbaum, Empower Missouri, GLBTQ Legal Advocates & Defenders, GLMA: Health Professionals Advancing LGBT Equality, Grace, Human Rights Campaign, Missouri AIDS Task Force, National Alliance of State and Territorial AIDS Directors, National Black Justice Coalition, National Center for Lesbian Rights, National LGBTQ Task Force, One Struggle KC, Treatment Action Group, William Way LGBT Community Center, and Women With a Vision

Originally published on Elton John Foundation Website

HIV JUSTICE WORLDWIDE
Launch video

(6 min, HJN, UK, 2016)

In April 2016, thanks to generous funding for 2016-18 from the Robert Carr civil society Networks Fund, seven global, regional and national civil society organisations that have worked closely, but informally, together on HIV criminalisation for a number of years, announced a brand new initiative, HIV JUSTICE WORLDWIDE.

HIV JUSTICE WORLDWIDE will enhance and build on contributions its founding partners have previously made: monitoring, informing, connecting and engaging with People Living with HIV networks, civil society organisations and others who advocate against HIV criminalisation, and engaging policy-makers in pursuit of protecting against HIV criminalisation.

The initiative allows us to:

  • Avoid duplication by bringing together the many existing resources on this issue, sharing information and coordinating advocacy efforts.
  • Build broader consensus amongst People Living with HIV networks, civil society, policymakers, key scientists/clinicians, criminal justice actors and funders that ‘ending AIDS’ will not happen unless we put an end to HIV criminalisation.
  • Create new energy and action, ‘riding the wave’ of recent advocacy successes, pushing for commitment to change at the highest level.
  • Develop and strengthen much-needed civil society capacity to ensure continued advocacy against HIV criminalisation, and to sustain this capacity in order to further advocate against related punitive laws, policies and practices aimed at people living with HIV and which impede the HIV response.

US: Latest updates from the Positive Justice Project on state HIV criminalisation advocacy and key criminal cases

Nigeria: The Network of People Living With HIV and AIDS campaigns to raise awareness of supportive Anti-discrimination Law

By Gabriel Ewepu

ABUJA- THE Network of People Living With HIV and AIDS in Nigeria, NEPWHAN, yesterday, commenced sensitisation of Nigerians on the Anti-discrimination Act 2014, on stigmatisation of people living with HIV.

The National Coordinator, NEPWHAN, Victor Olaore, said the sensitisation about the law will create awareness about the penalty of discrimination and stigmatisation against people living with HIV.

He said: “Stigma and discrimination is still high in the country, especially in the community, people living with HIV still suffer high level of stigmatisation. In fact, even in the facility they are expected to receive treatment, most people still get stigmatised in the work place, and we felt that the stigma index survey that was conducted in the country shows evidence of documented cases of what people living with HIV suffer.

“These are the tools that have helped us to advocate for the passage of Anti-discrimination Bill. Now that we have the law, since 2014, many Nigerians are not aware that such a law exists – not even people living with HIV in our communities in the country are aware that we have a law that protects the rights and dignity of people living with HIV.

“This law has very comprehensive content and is detailed enough, and there is no excuse about it, and we want to make it clear that people will not say they are not aware of the law.

“We have plan to also step down the dissemination at the state level, we are disseminating this document to 1, 030 support groups we have across the country, and we are going to distribute it all over the states, and more partners and media in each state are going to be aware that we have this law at the national level.

“We want to educate people living HIV that there is a legal framework that can protect their right and their dignity in the country. We want the employers of labour and every other person in the society to know that there is this law that has been in existence in the country since 2014, and people should stop stigmatisation, denying employment of highly productive Nigerians irrespective of their HIV status.”

According to him NEPWHAN will set up hotlines where people living with HIV who have crisis or being stigmatised could call in and have referral and legal services, as the organisation has partnered with Human Rights Commission on issues of discrimination and stigmatisation.

Meanwhile, a 26 year old woman, Gloria Asuquo, and a member of Association of Positive Youths Living with HIV/AIDS in Nigeria, narrated her ordeal of stigmatisation and discrimination.

“At the earlier stage in 1999 I had to run away from the village I lived because of the stigma. I was stigmatised from my church, at home, in the community. I tested positive when I was 11 years old, and it was through blood transfusion I got infected in a general hospital.

“After my rescue and treatment at Gwagwalada Specialist Hospital, I stood with people living with HIV, and for them to stand for their right. I was denied admission as a result of my status, which they withdrew my admission letter.

“My advice for people living with HIV is for them to be happy because the federal government have recognised them and they should go to the health facility and most of them don’t like going to the hospital because of stigma, and they should go for the treatment, and if any further discrimination they should call and report, and we will take it up”, she stated.

Originally published in Uncova