US: Positive Project Update – January 2017

Federal Advocacy

Federal Criminal Justice Working Group Meets

The quarterly meeting of the LGBT/HIV Federal Criminal Justice Working Group (“working group”) took place in Washington, D.C. in December. Members strategized on how to respond to the incoming Trump administration, discussed the new Congress and possible implications for criminal justice, and participated in a variety of ancillary meetings with agency officials. Highlights included meeting with the Bureau of Prisons to identify ways in which sexual health and sexual health literacy can be improved for all prisoners, regardless of sexual orientation or gender identity. The discussion followed from CHLP’s detailed memo to BOP officials on ways the Bureau can update current program statements to meet the basic sexual health needs of all federal prisoners without the need for any change in current law or regulations. The next in-person meeting of the working group is in March 2017.

State Advocacy

State Forums Now Online

The PJP Online State Forums went live on November 15. Hosted on the Center for HIV Law and Policy’s website, the forums provide a space for state advocates to communicate, exchange information, share resources, and work collectively on projects, drafts, and other materials. The forums can be accessed here. The page also provides a link for anyone interested in joining a PJP State Working Group to apply for membership.

State Advocacy Working Group Updates

CALIFORNIA

On November 16, Californians for HIV Criminalization Reform (CHCR) hosted an event at the West Hollywood City Council Chambers featuring stories from people directly affected by HIV criminalization to educate the community about HIV criminal laws and build support for eliminating these laws. Panelists included West Hollywood City Councilmember John Duran, who is living with HIV, who spoke about his work as an attorney defending people facing prosecution under California’s HIV criminal laws. Robin Barkins and Nestor Rogel spoke about the impact of criminalization on people living with HIV. Gerald Garth and Jorge Diaz, from Black AIDS Institute and Bienestar, talked about the HIV epidemic among Black and Latino gay and bisexual men. And the Los Angeles HIV Law and Policy Project presented data from a 2016 Williams Institute study showing that sex workers in particular, along with people of color, are disproportionately affected by HIV criminal prosecutions in California.In related news, Equality California is finishing up a messaging survey of California residents on HIV criminalization in that state.  We likely will be able to report on the key findings from their survey in our next PJP Update, so stay tuned.

CHCR is planning a legislative briefing in Sacramento in February with the California Legislative LGBT Caucus. The briefing will feature testimony from expert witnesses as well as individuals directly and indirectly affected by HIV criminalization in the state. It will be free and open to the public.

For more information or if you are interested in joining Californians for HIV Criminalization Reform, please contact Craig Pulsipher at cpulsipher@apla.org.

GEORGIA

On November 30, the Coalition to End HIV Criminalization in Georgia participated in a World AIDS Day panel hosted by Georgia Equality, SisterLove and The Counter Narrative Project in Atlanta.The panel looked at Georgia’s HIV criminal law, the impact it has on the lives of PLHIV, and the coalition’s efforts to reform the law. Coalition member and panelist Nina Martinez examined mandatory HIV disclosure laws and their impact on the risk of intimate partner violence for PLHIV. Held at Gallery 874, the panel discussion coincided with the “Living With” art exhibit, which featured art about the experiences of PLHIV.

The Coalition is reaching out to legislators to identify potential sponsors for a bill to reform the state’s HIV criminal law.

If you are interested in becoming an advocate to help change Georgia’s HIV Criminal Law, please contact CHLP’s Sr. Community Outreach Specialist for PJP, Lauren Fanning, at lfanning@hivlawandpolicy.org.

INDIANA

HIV Modernization Movement-Indiana (HMM) recently completed a short survey of Indiana-area HIV service providers that assessed provider knowledge around Indiana’s HIV criminal laws. It also assessed provider attitudes about how policies that require them to counsel their patients/clients about the disclosure law affect care delivery. HMM reports that an impressive 171 providers participated. The HMM Steering Committee continues to meet monthly and expand its network. It also has begun to educate key stakeholders about HIV criminalization and efforts underway to modernize Indiana laws.

Next Meeting: Mid-January (TBD) 

If you are interested in information about HIV criminalization in Indiana or in participating, supporting or endorsing HMM-Indiana, visit our get involved page or contact steering committee members at hmm.indiana@gmail.com

MISSOURI

The Missouri HIV Justice Coalition (HIVJC) announced its commitment to combat HIV criminalization in Missouri at a World AIDS Day Conference in Kansas City on December 1, 2016. Coalition members conducted outreach resulting in a number of new active participants, allies and partner groups. HIVJC also held a co-sponsored community discussion, Stand Up and Speak Out. Panelists included Robert Suttle, SERO Project; Tusday Dudly, Kansas City CARE Clinic; Randall Jenson, Artist, SocialScope Productions; and Kris Wade, The Justice Project. They addressed the consequences of HIV criminalization and actions attendees could take to change the law. Co-sponsors of the event included Empower Missouri, UMKC Pride Alliance, Social Scope Productions, and UMKC/LGBTQIA.

HIVJC intends to expand their coalition to include those who focus on racial justice and members of faith communities more directly in the work to modernize Georgia’s law.

Next Meeting: Friday, January 27 at 1:00pm (CT)

Meetings are held on the second and fourth Friday of the month.

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Missouri HIV Justice Coalition Working Group, please contact Ashley Quinn at ashley@empowermissouri.org or Stephen Williams atswilliams@hivlawandpolicy.org.OHIO

On December 3, the Akron AIDS Collaborative held a World AIDS Day Community Forum, hosted by the Northeast Ohio Regional Advisory Group at the Akron Urban League. The event was sponsored by AIDS Healthcare Foundation. Presenters included: Lillie Jackson Tisdale (President, National Association of Black Social Workers), Naimah O’Neal (The Ohio Working Group for HIV Decriminalization), Ted Thompson, and Kate Boulton (Staff Attorney, Center for HIV Law and Policy). The forum focused on advancements in HIV/AIDS prevention and treatment, including the science of HIV transmission, as well as the role of stigma in undermining an effective public health response to HIV. Presenters also described the state of the law in the Ohio, recent prosecutions, and current efforts at modernization. The role of Ohio’s Criminal Justice Recodification Committee was also highlighted. Attendees included representatives of the Ohio Black Women’s Leadership Caucus and the AIDS Taskforce of Greater Cleveland. Thanks to Steve Arrington for his dedicated work to make this event possible.

Next Meeting: Wednesday, February 8 at 5:00pm (ET)

If you would like information on HIV Criminalization or are interested in becoming an advocate with the Ohio HIV Criminalization Working Group, please contact Lauren Fanning at lfanning@hivlawandpolicy.org.

SOUTH CAROLINA

The PJP South Carolina Law Modernization Group convened in November and December. The group has gradually increased its membership and reached consensus on the use of PJP Guiding Principles in their advocacy plan. The group is working on messaging and talking points and continued expansion of their coalition.

Next Meeting:  Thursday, February 9 at 2:00pm (ET)

Meetings are held on the second Thursday of the month.

If you would like information on HIV Criminalization or are interested in becoming an advocate with the PJP SC Law Modernization Group, please contact Stephen Williams at swilliams@hivlawandpolicy.org.

TENNESSEE

On December 16, several local advocates and CHLP’s Lauren Fanning met for an in-person strategy meeting in preparation for the 2017 legislative session that opens January 10. Using Larry Frampton’s (NashvilleCares) extensive policy and legislative experience in Tennessee, as well as key PJP planning and guidance resources, the group reviewed its progress, identified key stakeholders and individuals who are not yet engaged, and created a detailed work plan for introduction of a bill and to guide its advocacy moving forward. The draft bill was developed with the assistance of Mayo Schreiber, CHLP Deputy Director, and the group has identified several potential sponsors, including both state senators and representatives. More Tennessee advocates and organizers are needed and welcome!

On February 21, Tennessee AIDS Advocacy Network (TAAN) will hold its annual Day on the Hill, which offers advocates an opportunity to speak with and educate state legislators about the need to modernize Tennessee’s HIV criminal laws, as well as other HIV-related issues. Already 50+ participants have signed up.

Next Meeting: Thursday, January 26 at 11:00am (CT)

Meetings are held on the fourth Thursday of the month.

If you are interested in information about HIV criminalization or actively participating in the Tennessee working group, please contact Lauren Fanning at lfanning@hivlawandpolicy.org

TEXAS

The PJP Texas HIV Working Group convened in November and December. Members reached agreement on outreach strategies for new allies and membership and set a timeline for key steps in their advocacy plan. Texas advocates are now using the online forum space created by CHLP, which facilitates communication, exchange of information, and resource editing/creation among the PJP state working groups. Texas advocates drafted an open sign-on letter to the Dallas County prosecutor in support of an HIV positive woman facing multiple felony counts for spitting on emergency responders called to assist her.  The letter was hosted on CHLP’s website and garnered over 150 signatures from individuals representing a diverse range of organizations in more than 25 states. The Working Group is also drafting a template letter intended for news outlets and other media to encourage responsible, accurate, and fair reporting practices around HIV and to provide education on the science of HIV transmission. Planning continues for the upcoming legislative session that begins January 10, including preparation for HIV Advocacy Day on February 28.

Next Meeting: Friday, January 20 at 1:00pm (CT)

Meetings are held on the third Friday of the month.

If you are interested in information about HIV criminalization or actively participating in the Texas HIV Working Group, please contact Stephen Williams at swilliams@hivlawandpolicy.org.

Criminal Case Update

CHLP’s assistance in criminal cases includes counseling defendants and their families, referring defendants to attorneys, providing legal and trial strategy support to criminal defense attorneys, identifying and assisting with preparation of medical and scientific experts, drafting sections of court submissions, and submitting friend-of-the-court briefs.

MISSOURI

On December 20, the Missouri Court of Appeals, Eastern District, reversed the conviction of Michael Johnson and remanded his case for a new trial. The court reversed the judgment of the trial court based on the state’s failure to timely comply with Johnson’s discovery request, in violation of Rule 25.03, which prevented Johnson from preparing a meaningful defense in the case. In the words of the Court, “the State’s violation of Rule 25.03 was knowing and intentional and was part of a trial-by-ambush strategy that this Court does not condone and that Rule 25.03 was specifically designed to avoid.” CHLP’s press release and the decision are here.

In the appeal of his conviction, Johnson raised two points. First, that the trial court allowed evidence to be introduced late – the first day of the trial – denying him the fair opportunity to prepare his defense. And second, that his sentence of 30 years for violating Missouri’s HIV transmission and exposure statute violated the constitutional prohibition on cruel and unusual punishments. The court did not reach Johnson’s second point on appeal relating to the constitutionality of his punishment or the issues CHLP raised in its “friend of the court” brief. CHLP’s full brief, including the complete list of endorsing organizations, can be found here.

On January 4, attorneys for the State of Missouri filed a motion for rehearing or transfer in Michael Johnson’s case. The State is contesting the Court of Appeals’ decision reversing his conviction. Stay informed on developments in this case with our newly updated fact sheet and case timeline, which can be found here. In addition, a recent community update webinar by CHLP Deputy Director Mayo Schreiber can be found here.

NEW YORK

On December 15, the New York Court of Appeals denied Nushawn Williams’ request that it review the decision to indefinitely civilly commit him to a New York State Psychiatric Center as a dangerous sex offender based on his sexual activity with women while living with HIV. CHLP, with the support of twelve national and state racial justice, disability, HIV and medical organizations, and four individuals, had filed a brief arguing that Williams represents the only case in New York where an individual has been essentially isolated or quarantined in whole or part based on his HIV status. We also argued that singling out a person living with HIV for this kind of extraordinary treatment under the law violates the Americans with Disabilities Act. We will continue to provide legal support to Williams and are strategizing with his attorney, Mark Davison, on further steps in the case.

OHIO

On December 27, CHLP, with seven national LGBTQ, HIV/medical, and criminal justice organizations, and with pro bono assistance from the law firm Gibbons, P.C. and the Ohio Public Defender acting as local counsel, filed a friend-of-the-court brief in the Ohio Supreme Court arguing that the felonious assault statute violated the federal and Ohio Constitutions and federal disability law. The brief can be found here. Orlando Batista was indicted for felonious assault in July 2014, for allegedly engaging in sexual conduct with his girlfriend without first disclosing his HIV status to her. After the trial court rejected his motion to dismiss, Batista pleaded no contest and the court sentenced him to the maximum term of eight years.

If you are aware of anyone charged in an HIV exposure or transmission case, please refer them to our website, www.hivlawandpolicy.org and/or have them or their lawyer, contact CHLP for assistance at 212-430-6733 or pjp@hivlawandpolicy.org.

Canada: Toronto’s ‘Now’ weekly newspaper prominently features HIV criminalisation impact, advocacy and advocates

This week, Toronto’s weekly newspaper, ‘Now’, features four articles on HIV criminalisation and its impact in Canada.

The lead article, ‘HIV is not a crime’ is written from the point of view of an HIV-negative person who discovers a sexual partner had not disclosed to him.  It concludes:

After my experience with non-disclosure, I felt some resentment. But while researching this article, I reached out to the person who didn’t disclose to me. We talked about the assumptions we’d both made about each other. It felt good to talk and air our grievances.

 

I realized I’d learned something I’d never heard from doctors during any of my dozens of trips to the STI clinic, something I’d never heard from my family, my school, in the media or from the government – that you don’t need to be afraid of people living with HIV.

Screenshot 2017-01-13 09.48.27A second article, Laws criminalizing HIV are putting vulnerable women at greater risk, highlights the impact HIV criminalisation is having on women in Canada, notably that it is preventing sexual assault survivors living with HIV from coming forward due to a fear they will be prosecuted for HIV non-disclosure (which, ironically, is treated as a more serious sexual assault than rape).

Moreover, treating HIV-positive women as sex offenders is subverting sexual assault laws designed to protect sexual autonomy and gender equality. Front-line workers and lawyers say they’re hearing from HIV-positive women who are afraid to report rape and domestic abuse for fear of being charged with aggravated sexual assault themselves.

 

“People come to me all the time who don’t know what to do,” says Cynthia Fromstein, a Toronto-based criminal lawyer who’s worked on 25 to 30 non-disclosure cases. “Canada, unfortunately, is virulent in its zeal to prosecute aggravated sexual assault related to HIV non-disclosure.”

Screenshot 2017-01-13 09.48.41It also features a strong editorial, ‘HIV disclosure double jeopardy’ by the Canadian HIV/AIDS Legal Network’s Cecile Kazatchkine and HALCO’s Executive Director, Ryan Peck, which notes:

In a statement that mostly flew under the radar, Minister of Justice Jody Wilson-Raybould declared, on World AIDS Day (December 1), her government’s intention “to examine the criminal justice system’s response to non-disclosure of HIV status,” recognizing that “the over-criminalization of HIV non-disclosure discourages many individuals from being tested and seeking treatment, and further stigmatizes those living with HIV or AIDS.”

 

Wilson-Raybould also stated that  “the [Canadian] criminal justice system must adapt to better reflect the current scientific evidence on the realities of this disease.”

 

This long-overdue statement was the first from the government of Canada on this issue since 1998, the year the Supreme Court of Canada released its decision on R v. Cuerrier, the first case to reach the high court on the subject.

15937182_1055417094604635_6279465723502378214_oFinally, the magazine features a number of promiment HIV activists from Canada, including Alex McClelland, who is studying the impact of HIV criminalisation on people accused and/or convicted in Canada.

He contributed his first piece to HJN last month.

US: Sero Project releases new short film to raise awareness of the criminalization of people living with HIV

SERO PROJECT RELEASES NEW SHORT FILM ON HIV CRIMINALIZATION

(November 28, 2016) In conjunction with World AIDS Day on December 1, the SERO Project announced the release of its new documentary short film, HIV Criminalization: Masking Fear and Discrimination. The short film furthers SERO Project’s goal .

 “As HIV activists, HIV criminalization is a defining moral issue of our time,” said SERO Project executive director Sean Strub. “State statutes throughout the country that prosecute people based solely on their viral status pose a serious threat to both public health and individual civil liberties. Masking Fear and Discrimination serves as a primer on the topic of HIV criminalization, particularly for those who are new to this growing concern.For advocates and health professionals in the field, it is essential viewing.”

 Masking Fear and Discrimination is directed by filmmaker Christopher King and produced by HIV writer Mark S. King. It was made possible through the support of the H. van Ameringen Foundation, Broadway Cares/Equity Fights AIDS, the Elton John AIDS Foundation, and the Gill Foundation.

The short film features Cecilia Chung, SERO’s board chair and senior strategist at the Transgender Law Center (San Francisco, CA), Venita Ray, attorney and advocate at Legacy Community Health Services (Houston, TX), Anthony Mills, MD (Los Angeles, CA), and Justin Rush, director of public policy at the True Colors Fund and formerly a manager of policy and legislative affairs at the National Alliance of State and Territorial AIDS Directors (Washington, DC).

 In addition, people living with HIV who have been prosecuted for “HIV crimes” are interviewed in the film, including Robert Suttle, SERO’s assistant director (New York, NY), LTC Kenneth Pinkela, a consultant to Sero’s Military HIV Policy Project (Otisville, PA), Monique Moree (South Carolina), Mark Hunter (Grambling, LA), Kerry Thomas (Boise, ID), Donald Bogardus (Waterloo, IA) and Edward Casto (Spokane, WA).

 “I am inspired by the courage of those who have been prosecuted to step forward and become advocates for change,” said Tami Haught, SERO’s director of state organizing. “Their first-hand testimonials have brought this issue to the attention of advocates and the public and are why we have made progress towards ending HIV criminalization in recent years.”

 The release of the documentary coincides with the launch of a newly designed SERO Project website, which provides information on criminalization, including a helpful State-by-State guide and resources for people with HIV who are concerned about or threatened with prosecution. The site also features videos from the HIV Is Not a Crime national conference on HIV criminalization (produced by SERO and the Positive Women’s Network-USA), interviews with people living with HIV who have faced criminal charges, and testimony concerning HIV criminalization at conferences and meetings.

 HIV Criminalization: Masking Fear and Discrimination can be viewed on SERO Project site, at www.seroproject.com, or via YouTube at HIV Criminalization: Masking Fear and Discrimination.

 SERO is a U.S.-based network of people living with HIV and allies fighting for freedom from stigma and injustice. SERO is particularly focused on ending inappropriate criminal prosecutions of people with HIV, including for non-disclosure of their HIV status, potential or perceived HIV exposure or HIV transmission.

 For more information on the SERO Project please visit www.seroproject.com.  For interviews with SERO staff, or a person living with HIV who has been subjected to HIV criminalization, please contact Ken Pinkela, listed above.

HIV Criminalization: Masking Fear and Discrimination (Sero, US, 2016)

A short documentary for the Sero Project produced by Mark S King, written by Christopher King, and edited by Andrew Seger.

Canada: New report explores mainstream Canadian newspaper coverage of HIV non-disclosure criminal cases, highlighting stigmatizing representations of African, Caribbean and Black men living with HIV

Abstract:

This report explores mainstream Canadian newspaper coverage of HIV non-disclosure criminal cases in Canada. It pays particular attention to how defendants’ race and immigration status figure into the newspaper representations of such cases. We empirically enquire into claims that African, Caribbean and Black (ACB) people living with HIV are negatively portrayed and overrepresented in Canadian newspaper stories about HIV non-disclosure cases. Our analysis is based on what, to our knowledge, is the largest data set of news coverage of the issue: a corpus of 1680 English-language Canadian newspaper articles about HIV non-disclosure criminal cases in Canada written between 1 January 1989 and 31 December 2015. Our quantitative and qualitative findings show that Canadian mainstream newspapers are a source of profoundly stigmatizing representations of ACB men living with HIV. For example, Black immigrant men living with HIV are dramatically overemphasized in Canadian mainstream newspaper stories about such cases. While these men account for only 15% of defendants charged they are the focus of 61% of newspaper coverage. Mainstream newspapers rely on forms of language that transfer a long history of exaggerated connections between criminality, race, sex, and otherness to the site of HIV. The result is that ACB men living with HIV are repeatedly represented as dangerous, hypersexual, foreigners who pose a threat to the health and safety of individuals (White women) and, more broadly, the imagined Canadian nation.
The report is available to download here

 

US: American Association of Nurses in AIDS Care publishes new Clinician Guidelines to HIV Criminalization

ANAC believes HIV criminalization laws and policies promote discrimination and must be reformed. The American Nurses Association (ANA) has co-endorsed ANAC’s position statement opposing HIV criminalization and joined ANAC in calling for the end to unjust laws that criminalize HIV.  Thirty three states still have laws criminalizing HIV exposure.  These laws fuel stigma by institutionalizing discrimination and are based on outdated beliefs.  People living with HIV are still being arrested for HIV exposure.  ANAC is a member of the Positive Justice Project, a national coalition to end HIV criminalization in the U.S.  Read ANAC’s policy statement calling for the modernization of HIV Criminalization laws.

ANAC, with support from the Elton John AIDS Foundation has developed a downloadable tool: Clinician Guidelines to HIV Criminalization.

Download the clinician guidelines here. 

Vietnam: Vietnam Lawyers Association (VLA) and Global Fund for HIV/AIDS Prevention and Control Project to provide free legal aid to vulnerable groups in many areas, including civil and criminal issues

The Vietnam Lawyers Association (VLA) and Global Fund for HIV/AIDS Prevention and Control Project will implement the project on providing free legal aid services to vulnerable groups in HIV/AIDS prevention and control.

The information was given by the VLA at a conference on connection and access to legal support services for vulnerable groups in HIV/AIDS prevention and control recently organized in Hanoi.

The project, supported by the Vietnam Union of Science and Technology Associations (VUSTA), will be implemented in five localities, including Hanoi, Ho Chi Minh city, Dong Nai, Quang Ninh and Thai Binh.

It aims to support and guarantee legitimate rights and interests of groups such as injection drug users, prostitutes, homosexuals and transgenders.

Their understanding of law and basic knowledge about HIV/AIDS is limited, leading to stigma and discrimination. Besides, these groups are not beneficiaries of free legal aid under the provisions of the law on legal aid. Therefore, it is essential to build the model of consultation and legal aid free of charge for these groups.

Speaking at the workshop, Doctor and Lawyer Trinh Thi Le Tram, Director of the centre for legal counselling and health policy for HIV/AIDS, said vulnerable people in HIV/AIDS prevention and control include: people infected with and affected by HIV/AIDS, injection drug users, prostitutes and homosexuals.

According to Ms. Tram, the number of customers calling the hotline 18001521, requiring counselling on HIV/AIDS and related legislation, continued to increase over the years. In 2009, there were more than 1,900 calls but in 2014, the figure rose to more than 3,000. However, these numbers are still very small compared to the total of more than 200,000 people living with HIV across the country today.

Demand for legal consulting and aid is there in many areas, such as labor, job, marriage and family, criminal and civil issues.

According to Ms. Tram, legal counselling and aid for people living with HIV at state’s centres for legal aid meet many difficulties and shortcomings, such as procedure, identification public issues, and centres are often located within the campus of government agencies with no separate living space.

In addition, interdisciplinary agencies and VLAs of 63 localities nationwide should have activities to consult and support legislation for local people infected with and affected by HIV/AIDS.

In particular, the national target program on HIV/AIDS prevention and control every year should structure the budget for the legal consultancy and assistance for people infected with and affected by HIV/AIDS

Video and written reports for
Beyond Blame: Challenging HIV Criminalisation at AIDS 2016
now available

On 17 July 2016, approximately 150 advocates, activists, researchers, and community leaders met in Durban, South Africa, for Beyond Blame: Challenging HIV Criminalisation – a full-day pre-conference meeting preceding the 21st International AIDS Conference (AIDS 2016) to discuss progress on the global effort to combat the unjust use of the criminal law against people living with HIV. Attendees at the convening hailed from at least 36 countries on six continents (Africa, Asia, Europe, North America, Oceania, and South America).

Beyond Blame was convened by HIV Justice Worldwide, 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.

The meeting was opened by the Honourable Dr Patrick Herminie, Speaker of Parliament of the Seychelles, and closed by Justice Edwin Cameron, both of whom gave powerful, inspiring speeches. In between the two addresses, moderated panels and more intimate, focused breakout sessions catalysed passionate and illuminating conversations amongst dedicated, knowledgeable advocates.

WATCH THE VIDEO OF THE MEETING BELOW

A tremendous energising force at the meeting was the presence, voices, and stories of individuals who have experienced HIV criminalisation first-hand. “[They are the] folks who are at the frontlines and are really the heart of this movement,” said Naina Khanna, Executive Director of PWN-USA, from her position as moderator of the panel of HIV criminalisation survivors; “and who I think our work should be most accountable to, and who we should be led by.”

Three survivors – Kerry Thomas and Lieutenant Colonel Ken Pinkela, from the United States; and Rosemary Namubiru, of Uganda – recounted their harrowing experiences during the morning session.

Thomas joined the gathering via phone, giving his remarks from behind the walls of the Idaho prison where he is serving two consecutive 15-year sentences for having consensual sex, with condoms and an undetectable viral load, with a female partner.

Namubiru, a nurse for more than 30 years, was arrested, jailed, called a monster and a killer in an egregious media circus in her country, following unfounded allegations that she exposed a young patient to HIV as the result of a needlestick injury.

Lt. Col. Pinkela’s decades of service in the United States Army have effectively been erased after his prosecution in a case in which there was “no means likely whatsoever to expose a person to any disease, [and definitely not] HIV.”

Click here to download the 43 page report (PDF)

At the end of the brief question-and-answer period following the often-times emotional panel, Lilian Mworeko of ICW East Africa, in Uganda, took to the microphone with distress in her voice that echoed what most people in the room were likely feeling.

“We are being so polite. I wish we could carry what we are saying here [into] the plenary session of the main conference.”

With that, a call was put to the floor that would reverberate throughout the day, and carry through the week of advocacy and action in Durban.

 

This excerpt is from the opening of our newly published report, Challenging HIV Criminalisation at the 21st International AIDS Conference, Durban, South Africa, July 2016, written by the meeting’s lead rapporteur, Olivia G Ford, and published by the HIV Justice Worldwide partners.

The report presents an overview of key highlights and takeaways from the convening grouped by the following recurring themes:

  • Key Strategies
  • Advocacy Tools
  • Partnerships and Collaborations
  • Adopting an Intersectional Approach
  • Avoiding Pitfalls and Unintended Consequences

Supplemental Materials include transcripts of the opening and closing addresses; summaries of relevant sessions at the main conference, AIDS 2016;  complete data from the post-meeting evaluation survey; and the full day’s agenda.

Beyond Blame: Challenging HIV Criminalisation at AIDS 2016 by HIV Justice Network on Scribd