‘Confront legal and policy barriers to HIV’: Sub-Saharan Africa Regional Dialogue on HIV and the Law

Via UNAIDS.

In Sub-Saharan Africa, the region most heavily affected by HIV, legal, policy and social barriers, including stigma, discrimination, gender inequality and the criminalization of key populations at higher risk of HIV infection, continue to make people vulnerable to HIV and hamper the ability of individuals, communities and states to respond to the epidemic. This was the conclusion of the Regional Dialogue for sub-Saharan Africa, part of the Global Commission on HIV and the Law, held at the beginning of August in Pretoria, South Africa.

No taboo should be left unchallenged

A significant breakthrough came from the pledge of participants to highlight and discuss all aspects of the legal environment relating to HIV, including laws and practices related to stigma and discrimination, access to affordable treatment, children and adolescents, women’s rights and gender-based violence.

“This regional dialogue is a great opportunity for us, as Africans, to confront the difficult issues including discriminatory and punitive laws that target sex workers and men who have sex with men, and other populations vulnerable to HIV,” said Bience Gawanas, African Union Commissioner for Social Affairs.

The criminalization of drug use, sex work and same-sex sexual relations was also confronted by the participants in a bid to challenge all taboos. This is remarkable as recent punitive legal and policy developments in a number of countries in sub-Saharan Africa relating to the situation of members of key populations has raised concerns about the readiness of stakeholders in the region to confront this issue. Some 31 countries in the region criminalize sex work, and same-sex sexual relations constitute a criminal offence in at least 30 countries.

Read the rest here.

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Criminalizing HIV Transmission Will Only Spread the Problem

Via the Vancouver Sun, by Peter McKnight.

It sounds like the synopsis of a B-movie: Thanks to the long arm of the law, the world is once again safe from The Attack of the Killer HIV-people.

Safe from Johnson Aziga, the Ontario man who had sex with more than a dozen women without informing them of his HIV-positive status. Several of the women contracted HIV, including two who subsequently died, which led to Aziga being declared a dangerous offender and handed an indeterminate sentence earlier this week.

And safe from the 17-year-old Edmonton girl who was charged this week with two counts of aggravated sexual assault after allegedly having sex with two men without informing them of her HIV-positive status. The girl had been the subject of an urgent police bulletin, which led to the worldwide publication of her name, picture and health status. Aside from painting a rather ghoulish picture of people living with HIV, such unusual cases inevitably send the message that the best way to handle HIV-non-disclosure is through the criminal law.

Police forces across the country seem to have got the message, given the increase in the number and severity of charges laid for HIV-non-disclosure in recent years. Well over 100 HIV-positive people across Canada - and at least 14 in B.C. - have now been charged with offences ranging from assault to first-degree murder.

Courts, too, have been enthusiastic in prosecuting cases of non-disclosure, with defendants receiving everything from suspended sentences to, in Aziga's case, an indeterminate and potentially lifelong sentence of imprisonment.

This enthusiasm for criminal prosecution exists despite - or perhaps because of - uncertainty about the disclosure obligations of HIV-positive people. The Supreme Court of Canada has held that individuals are under a legal duty to reveal their HIV-positive status before engaging in sex that poses a "significant risk" of HIV transmission, but what constitutes a significant risk remains unclear.

Read the rest here.

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Ugandan Lawmakers okay HIV/Aids Bill

Via the Daily Monitor, by Mercy Nalugo.

Ugandan Lawmakers Wednesday resisted pressure from the human rights defenders and backed the new HIV /Aids Prevention and Control Bill that seeks to criminalise the intentional spread of HIV/Aids.

Briefing the new members on the Parliamentary HIV/Aids committee about their expectations, work plan and how far the eighth Parliament had gone with scrutinising the controversial Bill, the new committee chairperson, Ms Rosemary Najjemba Muyinda (NRM, Gomba) said most of the controversial clauses in the Bill were dropped.

“The Bill is now in its advanced stages since it was discussed by our colleagues in the eighth Parliament. So many stakeholders have been consulted and all the contentious issues were dropped. The Bill once passed into law will protect those without HIV from being infected. We have to take the Bill forward,” Ms Najjemba said.

She said the principles in the Bill were agreeable to the committee members since they are aimed at combating the intentional spread of HIV/Aids.

“For example why should someone infect the other with aids intentionally? That is a crime that should not go unpunished,” she said.

The controversial Bill that hands down a 10 year penalty in jail to individuals that knowingly infect others with the deadly aids disease has faced a lot of criticism from the human rights defenders both local and international.

They argue that the Bill violates human rights and threatens the progress the country has so far attained in fighting HIV/Aids as it legislates for mandatory testing for HIV and forced disclosure of HIV status.

Some of the human rights defenders against the Bill include Action Aid International,l Uganda Global AIDS Alliance,United States,the Global Forum on MSM & HIV United States,Global Coalition of Women against AIDS in Uganda,Uganda Network of AIDS Service Organisation (UNASO) and Uganda Young Positives among others.

Also in the Bill, Women who transmit HIV to their infants after birth through breast milk would also be subject to criminal prosecution. The activists concern is that it would be difficult, if not impossible, to determine who infected the other in courts of law hence making ignorance of one's status an effective defence.

Read the rest here.

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

30 Years: The Changing Face of AIDS in the US

by Aldona Martinka

IRMA is drawing the focus to the thirtieth anniversary of HIV/AIDS with a short series on AIDS history. It will explore where we began, where we are now, and where we are going as we continue to battle this disease with hope and determination. This is part four of five.

People living with HIV and AIDS in the United States today are in a position that was completely unforeseeable to those living with the disease in the eighties. Today a positive diagnosis is far from a death sentence to most Americans, and there are daily pills one can take that will subdue the virus for decades if the routine is followed closely. People in their fifties, many of whom were diagnosed in those terrifying early years, will soon most likely make up the majority of people living with AIDS in the US. New prevention technologies have moved from condoms to a plethora of exciting possibilities such as topical microbicides and treatment as prevention. AIDS stigma, while still a problem in many instances, is so much less ignorant than what it was even 20 years ago.

As the face of AIDS in the US changes, life for those living with the disease and their loved ones has become much more bearable. But with these positive changes come a whole host of new problems that no one could have foreseen a quarter of a century ago.

The illnesses which most commonly affect AIDS patients, for instance, have shifted from the opportunistic cancers and infections which killed so many early victims, to heart conditions, neurological disorders, and other illnesses typical of the elderly. Pre-mature aging has become the more likely scenario today as patients in their fifties and above face problems most often experienced by those twenty to thirty years older than them.

Another new issue facing people with AIDS that no one could foresee thirty years ago is the criminalization of those with the virus. There are far too many instances of scared and ignorant people accusing past and current sexual partners of being criminals for having sex while being HIV positive. For an excellent account of criminalization of the HIV/AIDS community read Sean Strub’s blog post at Poz Magazine.

As we adapt to AIDS, in America and worldwide, we will have to be resourceful, understanding, and hopeful to face whatever the virus will throw our way next. As a country and a world united, we can try to end AIDS before another 30 years has passed.

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Uganda Gay Death Bill May Return

via Mambaonline.com

Uganda's Anti-Homosexuality Bill and HIV Prevention and Control Bill are likely to be carried over to the new session of parliament, despite international and local pressure.

David Bahati, the Member of Parliament who introduced the Anti-Homosexuality Bill (2009), said he fully intended to re-introduce the bill into the next session. The new parliament began on 19 May.

"The closure of this parliament is just pressing on the pause button," he said. "I'm committed to the fight against behaviour and promotion of behaviour that is going to destroy the future of our children."

Men who have sex with men (MSM) are considered by the Uganda AIDS Commission to be a "most at-risk population", but because homosexual acts are illegal, there are no policies or services targeting HIV interventions towards them. AIDS activists say the bill would only drive an already stigmatised population further underground, leaving them even more vulnerable to HIV.

MSM are often referred to as a "bridging" population for HIV to the general population, given that many also have sex with women. According to a 2010 survey of 303 MSM in the capital Kampala by the US Centres for Disease Control, 78 percent had had sex with women while 31 percent had been married.

The study also found HIV prevalence among participants was 13.7 percent, significantly higher than the city's average rate of 8.5 percent; knowledge of the risks of HIV was also low.


Read the rest.


[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

The Caribbean: State-Sponsored Homophobia Helps Spread HIV

via Open Society, by David Scamell

A few weeks ago, civil society groups and human rights activists from across the Caribbean met with officials from UNAIDS, UNDP, and various national governments to talk about the impact that laws have on the HIV epidemic in the region. The meeting was the second regional dialogue of the UNDP Global Commission on HIV & Law, and was held in a region where a number of governments continue to use the law to persecute sexual and gender minorities.

According to the 2010 report from the International Lesbian and Gay Association, State-Sponsored Homophobia, 11 of the 13 Caribbean states criminalize sex between men. Under the continuous threat of imprisonment and police abuse, as well as discrimination from other citizens and even family members, gays and other men who have sex with men (MSM) in these countries are often driven away from the health and social services that they need. The same services, such as access to condoms and voluntary HIV testing and counseling, which are crucial in the fight against HIV.

Unsurprisingly, HIV among MSM is a relatively hidden but increasing problem for the Caribbean. In a region where the general adult HIV prevalence is second only to sub-Saharan Africa, at one percent of the population, infection among MSM is disproportionately high. For example, one in three MSM in Jamaica and one in five in Trinidad and Tobago are living with HIV.

Read the rest.

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

IGLHRC Shocked at Possible Passage of Ugandan Anti-Homosexuality Bill; Rights Protections for All Ugandans Precarious

Press Release via IGLHRC

Contacts:

Cary Alan Johnson, Executive Director, IGLHRC (New York)
Tel: (347) 515 0330; Email: cjohnson@iglhrc.org

(New York, 6 May 2011) The International Gay and Lesbian Human Rights Commission is deeply concerned at reports that the now infamous Anti-Homosexuality Bill in Uganda may be passed by that country's Parliament. The Bill, first introduced in October 2009, was ostensibly "shelved" by Uganda's president Yoweri Museveni following an international outcry. However, public hearings on the Bill took place today in the Legal and Parliamentary Affairs Committee. The remaining stages of the legislative process – namely second and third readings of the bill and presidential adoption – could be completed within the remaining week of the current parliamentary session.

"We are shocked that after more than 2 years of engagement with the government of Uganda about the Anti-Homosexuality Bill, this heinous piece of legislation may still become law," said Cary Alan Johnson, IGLHRC Executive Director. "Governments, world religious and political leaders, and HIV prevention experts have all appealed to Ugandan parliamentarians to put their distaste and fear of LGBT people aside and use their better judgment for the good of the country."

The Bill reaffirms existing penalties for consensual same-sex relationships, and criminalizes the "promotion of homosexuality" and failure to report homosexual activity. The Parliamentary Committee itself has said that the provisions of the Bill are redundant and unnecessary. Most controversially, the Bill would punish "aggravated homosexuality" – including activity by "serial offenders" or those who are HIV positive – with the death penalty. To IGLHRC's knowledge, the provisions related to the death penalty remain part of the Bill, despite statements by the Bill's author that these would be removed. The Bill not only violates multiple protections guaranteed by the Constitution of Uganda, but also contravenes the African Charter on Human and People's Rights, the International Covenant on Civil and Political Rights (ICCPR), and other international human rights treaties to which Uganda is a party.

"There can be no reason to pass this Bill other than to take the attention of Ugandans – and the rest of the world – away from the fact that Uganda is slipping into political chaos," stated Johnson. "Clearly the issue of homosexuality is being used to deflect attention from the crackdown on democracy and freedom of speech that has led to at least 5 deaths, more than 100 injuries, and hundreds of arrests in the last month. IGLHRC stands firm with all the people of Uganda as they struggle to maintain their freedom and dignity."

See our previous work on Uganda

For more information, visit Uganda's Civil Society Coalition on Human Rights and Constitutional Law website



[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Kenya: Ongeri Warns Students On Homosexuality

Via allAfrica.com, by Henry Wanyama (reported April 19)

EDUCATION minister Sam Ongeri yesterday asked students to shun homosexuality. Ongeri said homosexuality is one vice that the ministry for education must stump out. He said: "I am not threatening anybody but you all know that homosexuality is illegal." Ongeri spoke at the Bomas of Kenya when he opened the third national students' leadership conference. The conference has attracted 1,500 student leaders from across the country who are deliberating on the theme: Education Reforms, Students Perspective.

The minister said, however, he had no clue on the extent of homosexuality but asked teachers, students and everybody in society to know one another so as to be able to fight the vice.

"Homo sexuality is unhealthy and does not add any value to your life. Those who practise are easily infected with HIV/Aids," Ongeri said. He told students that as leaders in their respective schools they should help defeat the vice and the Education ministry is ready to render support. Ongeri said the student leaders' contribution at the conference will be taken to account by the task force collecting views on how the current education system can be aligned to the new constitution.

The minister revealed that very soon the ministry will launch a management guide to extracurricular activities. He also called on students to act as a cushion to society as we approach the 2012 general elections and not to be incited by politicians.

Read the rest

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Fearing No Evil

Via Poz, by Regan Hofmann with Oriol R. Gutierrez Jr.

David Kuria works for the Gay and Lesbian Coalition of Kenya where he risks his life daily to provide safe sanctuary and advocacy for the rights of lesbian, gay, bisexual and transgender people in Africa and around the world.

Now, he is running for Kenya’s Senate. A basic tenet of his work is showing that a global push for gay rights helps bolster the fight against HIV. His dream? A day when no LGBT person has to choose between being openly gay—or being killed.

In October 2009, David Bahati, a member of Uganda’s parliament, proposed an “Anti-Homosexuality Bill” (a.k.a. the “kill the gays bill”). It was an attempt to legalize a phenomenon spreading around the world: hate crimes against gay people.

Homosexuality is currently illegal in Uganda (and can result in up to a 14-year jail sentence); Bahati’s proposed bill intensifies the criminalization of homosexuality by introducing the death penalty for people who have previous convictions, are HIV positive, or engage in same-sex acts with people younger than 18. The bill also includes provisions for Ugandans who engage in same-sex relations outside the country—people can be sent back to Uganda for punishment.

Not that there are many safe places to go; laws against same-sex relations exist in nearly 80 countries. Finally, the bill outlines penalties for individuals, companies, media organizations or nongovernmental organizations that support LGBT rights. (As in, if you know your neighbor’s gay and don’t say so, you can get into huge trouble yourself.) It engenders nothing short of a witch hunt.

Read the rest

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Uganda: Closet homosexuals sink further under the radar after Kato’s death

via Daily Monitor, by John K. Abimanyi

He sits at a table with his fingers encircled around the tail of a glass filled with Smirnoff. He is at a Kampala nightspot and has dissolved into the crowd, looking just like any other reveller. What most people at the bar would not know however, is that he, plus a couple of his colleagues at the venue, is homosexual. He demands that his identity is hidden if he is to be quoted in the papers instead; he proposes a pseudonym, Alan Mukasa.

He gives off no signs that he is gay. He’s not dressed in a tight fitting pair of jeans, commonly known as skinnies, his hair is a natural un-treated neatly trimmed black, he has no studs or earrings, wears no make-up or anything that may attract undue attention to him. “It’s a security precaution one has to take,” he says. “The best way to hide is to fit in.

Read the rest.

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Malawi refuses ‘homosexuality’ aid condition

via NY ASA Times

Malawi government on Wednesday took a strong stand against bilateral donors saying it cannot compromise its sovereignty to legalise homosexuality in order to get aid.

Minister of Justice and Constitutional Affairs, Dr George Chaponda led a team of Presidential spokesperson Hetherwick Ntaba, Information and Civic Education Minister Symon Vuwa Kaunda and Gender, Women and Children Welfare  Minister Tereza Mwale in addressing a news conference in the capital Lilongwe.

During the news conference, the officials were reacting to reports that Germany government has cut aid following Malawi’s failure to repeal laws that criminalize homosexuality and its enactment of laws seen as restricting media freedom.

Ntaba: Immoral to force Malawi to be a homosexual nation just to give us aid

And the United States of America government has delayed to release $350 million grants amid concerns of new laws to curb individual freedoms in the southern African nation.

Justice Minister said although Malawi has strict laws against same sex relationships “the international community should note that since such acts occur in private and that Malawi laws on privacy are enriched in the constitution it is very difficult to prosecute homosexuality.”

“We are not ready to change the laws to satisfy donors. We have to understand that as a country you need to have certain principals for the benefit of the country,” said Chaponda.

Read the rest.


[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Uganda LGBT Activist David Kato Murdered; Human Rights Watch Calls for Investigation

 via Human Rights Watch

Excerpt:

"David Kato's death is a tragic loss to the human rights community," said Maria Burnett, senior Africa researcher at Human Rights Watch. "David had faced the increased threats to Ugandan LGBT people bravely and will be sorely missed."

Witnesses told police that a man entered Kato's home in Mukono at around 1 p.m. on January 26, 2011, hit him twice in the head and departed in a vehicle. Kato died on his way to Kawolo hospital. Police told Kato's lawyer that they had the registration number of the vehicle and were looking for it.

Kato was the advocacy officer for the organization Sexual Minorities Uganda. He had been a leading voice in the fight against the Anti-Homosexuality Bill, which has been before Uganda's parliament since October 15, 2009. While homosexual sex is already illegal in Uganda, the proposed law would criminalize all homosexuality, making it punishable by a fine and life imprisonment. "Repeat offenders" and those who are HIV positive would be subject to the death penalty. The bill would also oblige anyone with knowledge of someone who is or might be a homosexual to report that person to the police within 24 hours.

Read the rest.

Read the post from Justice for Gay Africans Society.

Read President Obama's statement on the murder.

Read statement from Secretary of State Hillary Clinton.




[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Sex Work, Criminalization, and HIV: Lessons from Advocacy History

via San Francisco AIDS Foundation's BETA,  by Anna Forbes

Sex workers are frequently omitted from discussions about the links between criminalization, marginaliza­tion, and increased HIV transmission. We talk a lot about the effects of this dynamic on men who have sex with men, injection drug users, and peo­ple living with HIV—as we certainly should—but not about sex workers. Why is this group not like the others?

Read the rest.


[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Washington Post: Gays in Africa face growing persecution, activists say

via Washington Post, by Sudarsan Raghavan

Persecution of gays is intensifying across Africa, fueled by fundamentalist preachers, intolerant governments and homophobic politicians. Gay people have been denied access to health care, detained, tortured and even killed, human rights activists and witnesses say.

The growing tide of homophobia comes at a time when gays in Africa are expressing themselves more openly, prompting greater media attention and debates about homosexuality. The rapid growth of Islam and evangelical forms of Christianity, both espousing conservative views on family values and marriage, have persuaded many Africans that homosexuality should not be tolerated in their societies.

"It has never been harder for gays and lesbians on the continent," said Monica Mbaru, Africa coordinator for the International Gay and Lesbian Human Rights Commission, based in Cape Town. "Homophobia is on the rise."

Read the rest.


[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Rachel Maddow interviews David Bahati, author of the Ugandan "kill the gays" bill

Visit msnbc.com for breaking news, world news, and news about the economy

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

Criminalization Hampers HIV Prevention in the Caribbean

From UNAIDS Today

Two-thirds of countries in the Caribbean continue to criminalize homosexuality. Where homophobia is institutionalized in the law, stigma and discrimination against men who have sex with men is pronounced. Homophobia blocks access to HIV prevention programmes and impacts the quality of care for people living with HIV.

“Imagine yourself as a gay man in such an environment. How confident would you feel about getting an HIV test, or asking for information on prevention or treatment?” asked Mr Sidibé. “Homophobia hurts wherever it haunts—from classrooms to courtrooms,” he added.

At the 10th annual general meeting of the Pan-Caribbean Partnership Against HIV and AIDS (PANCAP), held in St Maarten, Netherlands Antilles, UNAIDS Executive Director Michel Sidibé joined former UN Secretary-General Kofi Annan and Caribbean leaders to take stock of progress, challenges and lessons learned in the regional response to the HIV epidemic over the past decade.

Read the rest

[If an item is not written by an IRMA member, it should not be construed that IRMA has taken a position on the article's content, whether in support or in opposition.]

'Hang them': Uganda paper publishes photos of gays

from The Washington Post, by Godfrey Olukya and Jason Straziuso

The front-page newspaper story featured a list of Uganda's 100 "top" homosexuals, with a bright yellow banner across it that read: "Hang Them." Alongside their photos were the men's names and addresses.

In the days since it was published, at least four gay Ugandans on the list have been attacked and many others are in hiding, according to rights activist Julian Onziema. One person named in the story had stones thrown at his house by neighbors.

A lawmaker in this conservative African country introduced a bill a year ago that would have imposed the death penalty for some homosexual acts and life in prison for others. An international uproar ensued, and the bill was quietly shelved.

But gays in Uganda say they have faced a year of harassment and attacks since the bill's introduction.

Read the rest

New Group Seeks an end to HIV-Specific Criminal Laws

from the Michigan Messenger, by Todd A. Heywood

"There seems to have been an explosion of new prosecutions in the last two or three years, and federal emphasis on HIV testing also puts into sharp relief the irony that those who respond to this call to test now risk arrest and imprisonment more than ever before." -Catherine Hanssens, Executive Director of the HIV Law and Policy Center

Activists, civil rights attorneys and AIDS service organizations met for the first time in New York City to launch a project that seeks an end to HIV-specific criminal laws the the U.S. and around the world. The formation of the group came as the results of a large study of men who have sex with men was released. The study found, to the surprise of activists, that 65% of gay men support HIV-specific criminal laws.

Read the rest

UN pushes for de-criminalization of sexual orientations

via UN News Centre

“No one, regardless of their sexual orientation or gender identity, should be subjected to torture or to cruel, inhuman or degrading treatment. No one should be prosecuted for their ideas or beliefs. No one should be punished for exercising their right to freedom of expression.”

Top United Nations officials today appealed to all countries that criminalize people on the basis of their sexual orientation or gender identity to reform such laws and to ensure the protection of basic human rights for all.

“No doubt deeply-rooted cultural sensitivities can be aroused when we talk about sexual orientation. Social attitudes run deep and take time to change. But cultural considerations should not stand in the way of basic human rights,” said Secretary-General Ban Ki-moon.

Read more

Closeted Calamity: The Hidden HIV Epidemic of Men Who Have Sex with Men

via Scientific American, by Bob Roehr

Excerpt:

Even in Africa, at the heart of the pandemic, in Malawi, 21 percent of MSM are infected with the virus compared with 11 percent of the general population, whereas Zambia's rates are 33 percent versus 15 percent, respectively, says Chris Beyrer, director of the Johns Hopkins Center of Public Health and Human Rights.

"The argument that gay and bisexual men are a trivial sideshow in the global fight against AIDS is wrong," he told the Global Forum on MSM and HIV, an advocacy network that met this summer prior to the International AIDS Conference in Vienna, Austria.

Read the rest.