Activists fight parts of Uganda's HIV/AIDS bill, including mandatory testing & disclosure plus a 'wilful transmission' statute, tabled for Jan 2013

According to Dr. Jeremiah Twa- Twa, chairperson HIV/AIDS sectoral committee, the HIV/AIDS prevention and control bill,  aimed at protecting people and creating a conducive legal environment for the implementation of HIV/AIDS programmes in Uganda, will be finalised before the end of the session, most likely in January next year.

However, the bill has thrown a cat among dogs, especially the civil society and AIDS activists who have rejected some of the proposed sections, saying they undermine many critical issues. Led by Uganda Network on Law, Ethics and HIV/AIDS (UGANET) and the National Forum of People Living with HIV/AIDS Network in Uganda (NAFOPHANU), the activists demand that some clauses be revised. They, however, say it is a good law with good intentions, but also warn that it may have devastating effects.

The joint civil society coalition, made up of more than 40 organisations, including human rights groups, has urged Parliament to review the clauses on mandatory testing of HIV, mandatory disclosure of a person’s HIV status and the criminalisation of intentional spread of the disease. The bill, calls for mandatory HIV testing of pregnant women and their partners during antenatal visits. Most men do not accompany their wives for antenatal visits and those who do so rarely accept to be tested for HIV. If the bill passes into law, all men who are responsible for a pregnancy may be compelled to test for HIV.

HIV/AIDS Rally: Iowans Speak Out Against 709-C

Since the 1990’s, Iowa Code 709-C has made failing to disclose your HIV status a class “B” felony, punishable by up to 25 years in prison. It’s a law that HIV and AIDS advocates hope legislators change in 2013. Laura Friest has lived with HIV for more than 13 years.

Nashua woman wants Iowa's HIV law repealed, says it's discriminatory

A Nashua woman wants Iowa’s HIV law repealed because she says it’s discriminatory. Tami Haught is part of the group “CHAIN” (Community HIV/Hepatitis Advocates of Iowa Network). The group’s goal is to repeal 709c, a state law relating to the criminal transmission of Human Immunodeficiency Virus (HIV).

AIDS ACTION NOW! asks gay men and other MSM not to press charges for alleged HIV non-disclosure

Last night AIDS ACTION NOW! launched phase 2 of our Think Twice Campaign against the criminalization of people living with HIV. We were at the Art Gallery of Ontario for the launch of poster/VIRUS 2012, to celebrate and commemorate a Day Without Art. Our target audience for phase 2: Men who fuck men.

Gay press coverage of Phase Two of 'Think Twice' campaign from AIDS ACTION NOW!

Call it an inspiring history lesson. The night started with a screening of a historical documentary but ended with a panel discussion calling for action on the contentious issue of HIV criminalization.

EATG and IPPF Europe issue joint statement asking European institutions to tackle HIV criminalisation

People living with HIV throughout Europe face stigma and discrimination enshrined in laws and judicial decisions. They are made criminals for acts that would not be ‘crimes’ if they did not have, or did not know they had, the virus. Such prosecutions not only do not help prevent new HIV infections, they can actually do more harm than good by transforming newly diagnosed individuals into potential criminals adding further to HIV-related stigma and discrimination.

Inspired new phase of AIDS Action Now! Think Twice campaign

As the next phase of AAN!’s ongoing Think Twice campaign, today we sent letters to the Ontario Crown Prosecutors who have brought forward HIV non-disclosure prosecutions, and to their bosses. Crown Prosecutors, a.k.a. Crown Attorneys, play a pivotal role in our criminal justice system. They wield enormous power.

Malawi sex workers form alliance following forced HIV tests, disclosure

BLANTYRE–Malawi’s estimated 20,000 sex workers have formed an alliance to fight for their interests and social justice, a lawyer representing them has said, two years after 14 prostitutes sued police and the government for forced HIV tests.

Think Having HIV Is Not a Crime? Think Again

People with HIV are not walking public health threats, despite how the law treats us. We are human beings and we are far more than the virus we carry. Laws based on ignorance, fear and shaming of people with HIV are the real danger to public health.

US: HIV Medicine Association calls for repeal of HIV-specific laws

The HIV Medicine Association (HIVMA) of the Infectious Diseases Society of America (IDSA) has issued a strong statement urging the repeal of HIV criminalisation statutes in the United States.

The HIVMA statement, which represents physicians, scientists and other health care professionals across the United States, demands the following:

  • An end to punitive laws that single out HIV infection and other STIs and that impose inappropriate penalties for alleged non-disclosure, exposure and transmission
  • All state and federal policies, laws and regulations to be based on scientifically accurate information regarding HIV transmission routes and risk;
  • A federal review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offences to identify harmful policies and federal action to mitigate the impact of these laws, including the repeal of these laws and policies or guidance for correcting harmful policies; and
  • Promotion of public education and understanding of the stigmatising impact and negative clinical and public health consequences of criminalisation statutes and prosecutions.

The HIVMA statement is another extremely important development in the Positive Justice Project’s campaign to repeal HIV-specific criminal laws in the United States.

In March 2011, the National Alliance of State and Territorial AIDS Directors (NASTAD) – a highly-respected organisation of public health officials that administer state and territorial HIV prevention and care programmes throughout the US – issued a similar statement.

The full HIVMA statement, which can be downloaded here, is published below.

HIVMA URGES REPEAL OF HIV-SPECIFIC CRIMINAL STATUTES

(Approved: October 16, 2012)

The HIV Medicine Association (HIVMA) of the Infectious Diseases Society of America (IDSA) represents physicians, scientists and other health care professionals who practice on the frontline of the HIV/AIDS pandemic. HIVMA strongly advocates public policies that are grounded in the science that has provided the tools and knowledge base to envision a world without AIDS.

Stigma and discrimination continue to be major impediments to the comprehensive response necessary to address the HIV public health crisis. Policies and laws that create HIV-specific crimes or that impose penalties for persons who are HIV- infected are unjust and harmful to public health around the world.

In the U.S., HIV criminalization has resulted in unacceptable human rights violations, including harsh sentencing for behaviors that pose little to no risk of HIV transmission. Thirty-two states and two U.S. territories have HIV-specific criminal statutes. Thirty-two states have arrested or prosecuted individuals with HIV infection for consensual sex, biting and spitting. These laws and prosecutions unfairly target individuals with HIV infection and are not based on the latest scientific knowledge regarding HIV transmission, including the finding that transmission risk from biting or spitting is negligible.

Individuals with HIV infection can live healthy lives and approach near normal life expectancies with access to HIV care. Early diagnosis and effective management of HIV infection not only improves clinical outcomes for infected individuals but significantly reduces their risk of transmitting the virus to others. Laws that criminalize HIV infection discourage individuals from learning their HIV status and from receiving care. In doing so, they jeopardize the lives of HIV-infected individuals and place more individuals at risk of contracting an infectious disease that remains fatal if untreated.

HIV-specific criminalization fuels the stigma associated with HIV infection that slows efforts to combat the disease. Despite the availability of highly effective treatment for HIV infection, of the 1.1 million individuals living with HIV infection in the U.S., nearly 20 percent remain undiagnosed, only 37 percent are in care and just 25 percent have undetectable levels of the virus in their blood which makes it unlikely for them to be infectious to others.

All individuals must take responsibility for protecting themselves from HIV infection and other sexually transmitted infections (STIs). All persons engaging in unprotected or potentially risky sexual behavior are encouraged to discuss and disclose HIV and STI status except in situations where disclosure poses a risk of harm.

HIVMA Position: 

HIVMA urges a coordinated effort to address and repeal unjust and harmful HIV criminalization statutes. We support the following:

  • An end to punitive laws that single out HIV infection and other STIs and that impose inappropriate penalties for alleged nondisclosure, exposure and transmission;

    All state and federal policies, laws and regulations to be based on scientifically accurate information regarding HIV transmission routes and risk;

  • A federal review of all federal and state laws, policies, and regulations regarding the criminal prosecution of individuals for HIV-related offenses to identify harmful policies and federal action to mitigate the impact of these laws, including the repeal of these laws and policies or guidance for correcting harmful policies; and
  • Promotion of public education and understanding of the stigmatizing impact and negative clinical and public health consequences of criminalization statutes and prosecutions.