Australia: Northern Territory new sex industry bill decriminalises sex work

UNAIDS welcomes the decision by the Northern Territory of Australia to decriminalize sex work

GENEVA, 2 December 2019—UNAIDS applauds the decision by the parliament of Australia’s Northern Territory to decriminalize sex work. The Sex Industry Bill 2019 enhances the safety of sex workers and their clients by applying public health legislation to operators of sex service businesses and by allowing sex workers to work together. The legislation explicitly prohibits the exploitation of sex workers, supports their access to justice and outlaws any involvement of children.

“I commend this decision by Australia’s Northern Territory, which upholds the human rights of sex workers and means that they can operate within existing laws and regulations, including laws relating to employment, occupational health and safety, workers’ rights and discrimination,” said the UNAIDS Executive Director, Winnie Byanyima. “The decriminalization of sex work reduces the risk of HIV transmission for both sex workers and their clients.”

Globally, sex workers are 21 times more likely to acquire HIV than the general adult population. A 2014 study published in the Lancet indicated that the decriminalization of sex work is the single intervention that would have the greatest impact on the course of the HIV epidemic over 10 years, with reductions in new HIV infections among sex workers and their clients estimated at between 33% and 46%.

“This is a huge achievement built on the advocacy of sex workers and their supporters over many years and the result of best practice collaboration between the government and sex workers,” said the Chief Executive Officer of Scarlet Alliance, the Australian Sex Workers’ Association, Jules Kim. “Decriminalization means that sex workers in the Northern Territory are able to access justice in the event of a crime without fear of being arrested. We will also be able to implement occupational health and safety strategies and prioritize the health and safety of all those involved in sex work.”

Kenya: Advocates argue that HIV criminalisation law is impeding progress in Kenya’s response to the epidemic

Group criticises sexual offences law in war against HIV

In Summary

Despite the opposition from the State, persons living with HIV and Aids want the courts to declare section 26 of the Sexual Offences Act unlawful.
But the state argues that the challenged provisions are clear, precise, unambiguous, and do not disclose any infringement of their constitutional rights

The government could be shooting itself in the foot in the ongoing efforts to contain the spread of HIV and Aids by allowing the Director of Public Prosecutions (DPP) to arrest and commence criminal trial against those suspected of spreading the virus.

The state has been calling on the public to come out openly and seek testing and treatment.

However, recent events where the DPP wants a 42-year-old woman in Nakuru jailed for breastfeeding and infecting her neighbour’s nine-month-old baby with HIV last year, could undo the gains already made in containing the spread of the virus.

It is feared that such prosecution may discourage others from going public about their status and seeking treatment among other state interventions aimed at curbing the virus.

The law under which the woman was charged, Section 26 of the Sexual Offences Act, is also the subject of litigation at the High Court by HIV positive persons (PLWHA) who want it repealed.

The woman’s lawyer, Ms Jenifer Mugweru, is appealing the orders issued by a magistrate on October 18, requiring her to provide her blood samples to be tested for HIV.

INFORMED CONSENT

The woman who is out on a Sh50,000 bond is said to have committed the offence on September 18, 2018 at Gichobo area in Njoro Sub-County.

The HIV and Aids Prevention and Control Act (Hapca), which has been in force since 2009, provides at Section 14 that, “No person shall undertake an HIV test in respect of another person except: (a) with the informed consent of that other person.”

Informed consent refers to consent given with the full knowledge of the risks involved, probable consequences and the range of alternatives available.

“Informed consent for HIV testing means that the person being tested for HIV agrees to undergo the test on the basis of understanding the testing procedures, the reasons for the testing, and is able to assess the personal implications of having or not having the test performed,” the HIV and Aids Tribunal ruled in one of its decisions.

In their application challenging Section 26 of the Sexual Offences Act, and its subsections, people living with HIV and Aids argue that it could undermine government efforts to eradicate or contain HIV and Aids spread.

They have interpreted section 26 of the Sexual Offences Act to imply that a person living with the disease is a potential criminal, who needs to be prosecuted and jailed, should it be established that he or she is “spreading” HIV/Aids.

POTENTIAL CRIMINAL

Section 26(1) of the Sexual Offences Act provides that “any person who, having actual knowledge that he or she is infected with HIV or any other ‘life threatening’ sexually transmitted disease, intentionally, knowingly and wilfully does anything or permits the doing of anything which he or she knows ….

“ … (a) Will infect another with HIV or any other ‘life threatening’ sexually transmitted disease … Shall be guilty of an offence, whether or not he or she is married to that other person, and shall be liable upon conviction to imprisonment for a term of not less than fifteen years but which may be for life.”

The effect of this section and its subsidiary sections is that it perpetuates discrimination, stigma and fear against persons with HIV/Aids.

Living with the disease makes a person a criminal waiting to be arrested, prosecuted and visited with a lengthy jail term.

“It therefore discourages people from testing for HIV, seeking treatment and disclosing their status,” the litigants said in court papers.

According to people living with HIV and Aids, knowledge of one’s HIV status is important because it allows one to seek treatment and greatly reduces if not eliminates the risk of further transmission.

It also makes it possible to employ a range of other transmission prevention strategies and can improve expansion of HIV diagnosis and treatment, therefore a necessary condition for a successful HIV response.

“Section 26 of the Act thereby threatens progress gained and severely constrains further progress in Kenya’s response to the HIV epidemic,” the PLWHA argue.

PRIVACY

The section, according to the group, also intrudes on the privacy of marriage between consenting parties, it creates stigma and discrimination against couples in which one partner has HIV and the other does not (discordant couples).

It criminalises consensual physical intimacy between partners, threatens to separate families by removing a parent or partner from the family to be incarcerated (it criminalises procreation between discordant couples).

The group says the section creates stigma and discrimination against breastfeeding whereas this is the means by which most people in Kenya nourish their infants, and the only practical means by which to do so for many as well as the medically suggested means including people with HIV.

“And in that it threatens to separate children from their parents by removing the parent from the child to be incarcerated for lengthy periods on the basis of their HIV status, whereas it is in the presumptive interest of the child to be raised by both parents,” said PLWHA in court papers.

The group also takes issue with the meaning of the term “life-threatening sexually transmitted disease” or what constitutes it, saying it has not been explained in the Act, and the law is therefore vague in that respect.

VICTIM’S INTENTION

The state in defending the law disagrees with the arguments being advanced by the group, saying the challenged provisions are clear, precise, unambiguous, and do not disclose any infringement of their constitutional rights.

The group wants the court to declare Section 26 of the Sexual Offences Act unlawful. The case is still pending in the high court.

Further, that it is important to appreciate why section 26 of the Sexual Offences Act was enacted.

“While examining whether a particular law is unconstitutional, the court must have regard not only to its purpose but also its effect. The purpose of section 26 of the Sexual Offences Act was to address the intentional spread of HIV and Aids,” state counsel Anne Wanjiku Mwangi in court papers.

Despite the opposition from the State, persons living with HIV and Aids want the courts to declare section 26 of the Sexual Offences Act unlawful.

US: Growing number of Ohio public health experts and advocates call for reform of HIV criminalisation law

Experts: Ohio law on HIV status disclosure hurts public health

COLUMBUS, Ohio — A growing number of Ohio public health experts and advocates are now working to stop what they call the criminalization of HIV.

Daphne Kackloudis, Chief Public Policy Officer at Equitas Health, told News 5 Ohio’s current law charging someone who fails to disclose their HIV status with a felony in all cases is hurting public health.

Kackloudis said the threat of up to eight years in prison is causing too many people to avoid getting tested, because according the current law if someone doesn’t get tested, and isn’t aware of their status they can’t be prosecuted.

“It is a disincentive for someone to get tested, and that’s not good for an individuals health and the public health,” Kackloudis said.

“We want them to get on antiretroviral therapy to get as healthy as possible, and be virally suppressed so they can not transmit HIV.”

Kackloudis believes the potential penalty should be moved back to a misdemeanor in cases where those charged are on HIV medication and are a far less infection risk.

She said the current law allows someone to file charges against an HIV-positive partner, even if they didn’t get the virus from that partner.

Kackloudis is a member of the Ohio Health Modernization Movement , which is also making an effort to change Ohio law.

She also made it clear she fully understands why the law was created, and said the proposed change in the law would still allow for full prosecution of those who willingly give others HIV.

Graig Cote of Columbus, who has been HIV positive for 33 years, told News 5 changes in the law are needed because it’s too difficult to prove if someone made proper disclosure of their status or not, unless there was a witness or if it was in writing or recorded.

“If we don’t change the laws, people don’t get tested, if they don’t get tested they don’t know if they’re HIV positive,” Cote said.

“We’re not asking for a free ride, we’re just asking that the laws catch up with the science.”

Cote said he hopes the proposed change in Ohio law is ready to present at the statehouse in the first quarter of 2020, and again made it clear the effort would not keep those who willingly spread HIV from facing full prosecution.

“People who want to infect somebody need to be stopped, there’s no dispute about that,” Cote said.

Ireland: Review conducted by Law Reform Commission to look at how non-disclosure might influence consent

‘Should society criminalise intimate relations between people in their mid-teens?’

Conference hears age of consent is higher in Ireland than most European countries

The ways in which deception or pressure might negate consent are among the matters to be considered in a major review of sexual offences laws.

The review, being conducted by the Law Reform Commission, will also look at the age of consent, which is higher in Ireland than in most European countries.

NUI Galway lecturer in law, Tom O’Malley, who is a member of the commission, told its annual conference that the issue of consent remains a very contentious topic and one that many countries are trying to grapple with.

“When you have more subtle forms of pressure being applied, does that negate consent?”

He asked: What if a teacher or university lecturer told a student they would be failed unless the student slept with the lecturer, and the student did. “Is that rape?”

Suppose that a lecturer said a student would be given a first, rather than a 2.1, if the student slept with the lecturer, “would that be the absence of consent?”

“Those are the types of difficulties that are there and we have to grapple with them,” he said.

Speaking to The Irish Times, Mr O’Malley said that as part of its review, the commission would also be looking at how deception might influence consent.

For instance, he said, what if a man had not told a woman he was HIV positive prior to having sex with her. Would that affect the issue of consent and allow the man be charged with rape? Of if a man had promised a woman he would marry her, and then did not?

Another matter that will be looked at, he told the conference, is the age of consent. At the moment it is 17 years, and 18 years in cases where one of the parties is a person in authority.

“The real issue”, he told the conference, is whether society should criminalise intimate relations between people in their mid-teens.

While the age of consent is high in Ireland in comparison with most European countries, the Criminal Law (Sexual Offences) Act 2017 “mitigates the rigours of the law” by exempting a person who is younger or less than two years older than the child they had sex with, provided the child was between 15 and 17 at the time, and consented.

The commission will also look at the law on incest, which criminalises vaginal sexual intercourse between blood relatives.

Consenting intercourse between an adult brother and sister, even if there is no risk of pregnancy, is a crime. “One might question if such conduct should be criminal.”

As well as his work with the commission, Mr O’Malley is also the chairman of a working group set up by the Department of Justice and Equality which is reviewing the investigation and prosecution of sexual offences. It is due to report later this year, he said.

The chief executive of the Dublin Rape Crisis Centre, Noeline Blackwell, said sexual offences were different to most other types of crime as they involved activity that is normally seen as healthy and good. Sexual crimes are particularly “disruptive” for the victim, she said.

Victims are badly served by the criminal justice system and the fact that approximately 90 per cent of sexual offences are not reported damages the rule of law, she said.

From the point of view of victims, the criminal justice system remains “a lonely and a difficult and a hostile place.”

Mexico: People with HIV in Jalisco can now marry as long as couple sign letter confirming awareness of HIV status and attend training on risks

People with HIV can now get married in Jalisco

If the couple signs an agreement, where both parties are aware of the responsibilities, scope and effects of chronic or contagious diseases such as HIV, they can marry, as established by the laws in Jalisco.

The Congress of Jalisco approved Wednesday changes to the Civil Code and the Civil Registry Law so that couples with diseases can get married.

Medical exams will continue as a requirement to get married, but couples must attach a signed letter stating they know the extent of the disease. They will also have to present a letter, issued by a public health institution, attesting that the couple attended a training on the risks, symptoms and effects of the condition.

This reform seeks to guarantee the free development of personality and protect human rights in Jalisco.

Personas con VIH ya pueden casarse en Jalisco

Si la pareja firma un acuerdo, donde ambas partes estén conscientes de las responsabilidades, alcances y efectos de las enfermedades crónicas o contagiosas como el VIH, puede contraer matrimonio, así lo establecerá las leyes en Jalisco.

El Congreso de Jalisco aprobó este miércoles cambios al Código Civil y la Ley del Registro Civil para que las parejas con enfermedades puedan casarse.

Los exámenes médicos continuarán como un requisito para contraer matrimonio, pero las parejas deberán anexar un escrito firmado donde afirmen conocer los alcances de la enfermedad. Además tendrán presentar una carta, emitida por una institución de salud pública, que dé fe que la pareja asistió a una capacitación sobre los riesgos, síntomas y efectos del padecimiento.

Esta reforma busca garantizar el libre desarrollo de la personalidad y proteger derechos humanos en Jalisco.

Ukraine: The Ukrainian Helsinki Human Rights Union raises awareness on the need to decriminalise HIV-status

Valeria Rachynska: “We must finally stop the witch-hunting and decriminalize HIV-status”

On 18 October, 2019 in the premises of IA “Glavkom” UHHRU conducted the press-conference on the topic: “Why Ukraine must decriminalize HIV-status”. The main topics of the presentations included: raising awareness on actual HIV statistics in Ukraine, issues of overcoming stigma in relation to people living with HIV (PL HIV), and position of the lawyers regarding legal criminalization of HIV status (article 130 CC of Ukraine).

Oleksandr Pavlichenko, UHHRU Executive Director: “Despite the fact that recently we achieved significant success in treating HIV in Ukraine, obsolete legislative provisions are still in force – article 130 of the CC. This article treats all Ukrainian citizens with HIV+ status as potential criminals, envisages punishment of up to 3 years of imprisonment and gave base for dozens of court decisions each year. From the legal point of view of the European Convention on Human Rights the formulation incorporated in this article is vague, it cannot be considered as a law, and needs to be amended”.

Olena Stryzhak, Chairman of the Board of CO “Positive Women”: “Our organization for 5 years already advocates the amendments to the legislation and 3 years ago we submitted the package of amendments in which we insisted on decriminalization of HIV-status. All years of our work, both as service organization and as organization protecting human rights, prove that HIV stigma and criminalization lead to the situation where people are afraid of disclosing the status, which further hinders effective treatment and socialization of PL HIV”.

Valeriya Rachynska, Director of the Department for Work with the Regions, “All-Ukrainian Network of People Living with HIV/AIDS”: “First of all, I would like to mention that in addition to legislative problems there is one more problem – general indifference of mass media to highlighting the situation with HIV/AIDS. If that was not the case everybody would know that in July 2018 there was an official WHO Statement stressing that people having HIV status, who undergo antiretroviral therapy and have minimal viral load have practically no chances for HIV sexual transmission. The risk is equal to zero. In Ukraine, 92% of PL HIV, which take ART, have minimal viral load. It is the obsolete legislative provision that additionally stigmatize them and assaults their dignity. We must finally stop the witch-hunting and decriminalize HIV-status”.

Svitlana Moroz, Chairman of the Board of Eurasian Women’s Network on AIDS: “Our organization pays special attention to the problem of HIV-status criminalization. We are monitoring 12 countries in the region and have information of absolutely outrageous cases related to PL HIV criminalization. For example, when raped women is afraid to apply to court against the rapist, because she has positive status. Current legislation not only makes criminals out of HIV+ people, it shifts the blame for getting infected exclusively on PL HIV and creates wrong perception of the citizens’ protection. Following this logic, the state shall prohibit discordant couples and HIV+ women giving birth. Besides, Ukrainian criminal legislation contradicts the Law on AIDS where a lot is said about counteracting PL HIV stigmatization. Article 130 of the CC of Ukraine fosters stigma, hinders access to treatment, and in general does not takes into account scientific achievements in fighting HIV/AIDS during the recent 20 years”.

Justification of the legal position of CO “Positive Women” regarding immediate HIV status decriminalization can be found at the link.

Ukrainian Helsinki Human Rights Union implements the project the project “Development of the legal network for protection of the people living with HIV/AIDS, representatives of key PLHIV communities and persons ill with TB” with the financial support of the Charitable organization “All-Ukrainian Network of the People Living with HIV/AIDS” in the framework of implementation of the project “Releasing the Burden of TB and HIV infection through creation of the open access to timely and quality diagnostics and treatment of the TB and its resistant forms, expanding evidence based prevention, diagnostic and treatment of HIV infection, and creation of stable and sustainable health protection systems”, which is implemented with the financial support of the Global Fund to Fight AIDS, TB and Malaria.

China: New HIV control plan includes provisions for investigation of “deliberate” HIV transmission and mandatory testing of sex workers

China rolls out plan for controlling HIV transmission

China has rolled out a plan for the control of HIV transmission in a bid to keep HIV/AIDS prevalence in the country at a low level.

The three-year plan, made by the National Health Commission and nine other government departments, sets a number of goals such as raising the awareness of HIV prevention and control, and educating people on avoiding or reducing unsafe sexual behaviors.

The goals also include detecting and treating as many HIV infection cases as possible, curbing the rise of HIV transmission through sexual behaviors and eliminating mother-to-child transmission.

An HIV prevention education program has been set up, focusing on enhancing individuals’ awareness and strengthening the effect of education measures targeting residents, migrant populations, elderly people and groups at higher risk for HIV.

The plan also requires higher accessibility of condoms in public places such as hotels. Increased efforts should be made to crack down on law violations and crimes that may lead to HIV transmission, according to the plan.

The plan urges expanded HIV testing to detect and treat HIV-infected individuals with utmost efforts as an effective way to curb the rise of sexual transmission of HIV.

Information on the new provisions is available here: http://www.nhc.gov.cn/jkj/s7925/201910/adc374d0613144b2b7bb5d6c58a60223.shtml

Australia: Mandatory testing laws in Western Australia are not appropriate in cases of spitting and are based on misinformation

HIV experts fear ‘spitting laws’ being misused by police

About 100 people a year have been forced to be tested for HIV in Western Australia since so-called spitting laws were introduced four years ago.

HIV advocates have called for the reversal of so-called “spitting laws”, which they say are being misused in some states and increasing stigma.

An audit, released on Thursday, showed Western Australia had the highest rates of mandatory testing of a person whose bodily fluids come into contact with police or emergency service workers, such as through biting or spitting.

In less than four years since the laws were introduced, 377 people in WA have been forced to get tested.

While in Victoria, where a medical specialist makes the decision, no mandatory tests have been ordered.

The audit, conducted by the National Association of People with HIV Australia, recommended the laws be repealed, describing their introduction in the first place was “perplexing and problematic”.

“Although violence against emergency services workers may be increasing, risk of HIV transmission is not,” the report stated.

“If anything, effective treatments mean that the majority of people living with HIV in Australia have a low or undetectable viral load, making transmission unlikely or impossible in the types of circumstances covered by these laws.”

HIV Justice Network senior policy adviser Sally Cameron said the audit’s WA findings were alarming.

“We think it is likely that the tests are being misused. It’s unclear whether there is any ill intent or not,” Ms Cameron told SBS News.

Ms Cameron stressed that they did not condone violence in any circumstance, particularly against emergency service personnel.

“For us, this isn’t an issue of us and them, our priority is that people are not unduly stressed by fear of HIV. That people do not go through stress and trauma when in fact there is no risk,” she said.

She called for better training of police officers and judicial oversight of decisions to force someone to be tested.

“This isn’t about saying they should be able to do whatever they want. The issue is whether it’s appropriate to do something as invasive as a blood test when in fact that there is no risk that anything’s concerned.”

Australasian Society for HIV, Viral Hepatitis and Sexual Health Medicine policy director Scott McGill said the so-called spitting laws were based on misinformation about the risk of transmission.

“Unfortunately our laws and policy are not only behind the curve in terms of that evidence, but also going in the wrong direction,” he told SBS News.

“If we keep going down this path… we’re going to inadvertently fuel stigma, fuel fear which really means people won’t come forward for testing and treatment, will be fearful of what some of the consequences are and increases anxiety on both sides of the equation.”

At the time the laws were passed, then-police minister Liza Harvey told the ABC they were overdue and would help protect police officers.

She said the testing would assist in the diagnosis, clinical management and treatment of the exposed police officer.

In April, the alleged violent assault of a police officer in Sydney, who was spat at and bitten, reignited debate about mandatory testing laws.

NSW is one of only two jurisdictions in Australia that hasn’t introduced in response to concerns about rising assaults on police and emergency service workers.

President of the Police Association of NSW Tony King told 10 Daily the officer faced months of uncertainty as she waited for the results of an infectious diseases test.

“This officer like many others will now have to change their lifestyle for fear of passing on possible infection. Can you imagine explaining to your own child why you can’t give them a kiss goodnight?” he said in April.

But HIV experts said such claims were myths based on misinformation.

“The likelihood of anything actually happening is extraordinarily low and we don’t have any recorded events of occupational exposure,” Mr McGill said.

US: Florida HIV Criminal laws undermine public health goals and must be modernised

HIV in Florida is on the rise. Here’s how we can change that.

The state has mishandled the epidemic in the past, but lawmakers can get it right now

By Jennie Smith-Camejo, Kamaria Laffrey, Christine Hanavan and Alejandro Acosta

Published Sep. 19

Last week, Floridians learned that as governor, Rick Scott rejected $70 million in federal funding to fight the state’s HIV epidemic between 2013-2017. During those years, New York invested heavily in testing, treatment, and services for people living with HIV—and reduced its rate of new diagnoses by 30 percent. Of the 10 states with the most annual HIV diagnoses, only Florida saw an increase—a whopping 11 percent. 23,413 Floridians have had their lives altered as a result.

Florida’s new governor, Ron DeSantis, just announced that his administration will lead a “robust program” to reduce HIV and AIDS in the state. HIV advocates will work with him to fulfill this promise.

Yet ending the epidemic in Florida requires more than promises. Access to care and services for people living with HIV is key. Modern antiretroviral treatments reduce the amount of the virus in the body so low tests can’t detect it. After six months, the person cannot transmit HIV to their sexual partners as long as they stay undetectable. The CDC confirmed that maintaining an undetectable viral load is 100% effective at preventing HIV transmission, even without condoms. Ensuring every person with HIV is diagnosed and is linked to care and support to stay in care (stable housing, mental healthcare, transportation for medical appointments, etc.) keeps the person with HIV healthy and prevents transmission.

Further, Florida legislators must align our laws with modern science. Currently, outdated laws criminalize people with HIV for consensual sex. People can be convicted of a felony even when no transmission occurred or was possible. One accusation can ruin a life.

These laws are different from other criminal laws. The burden of proof lies on the person living with HIV to prove they told their partner. But intimate conversations rarely take place in writing. And no intent to “harm”–or actual harm–is required for conviction. Disputes about facts routinely work in favor of the accuser, ruining lives. Headlines about such cases further stigmatize HIV, driving people living with HIV back underground, afraid to disclose or sometimes even to get medication because of the legal and social consequences of criminalization and stigma.

These laws undermine the public health goals of testing and treatment. The National HIV/AIDS Strategy recommended that state governments review their criminal laws for this very reason. And a 2017 study authored by CDC staff found that laws criminalizing HIV have “no detectable prevention effect.”

Florida government can right this wrong by funding care and services and by modernizing the state’s criminalization laws. The Florida HIV Justice Coalition, a group of people living with HIV and organizations working with communities affected by HIV, formed to help legislators align our laws with science and public health.

Together, we can make Florida a state where no one is afraid to seek HIV testing or care.

Jennie Smith-Camejo, of Miami, is communications director for Positive Women’s Network, USA. Kamaria Laffrey, of Winter Haven, is the Southern engagement community coordinator for the Sero Project. Christine Hanavan, MSW, of Orlando, is a community organizer for Sex Workers Outreach Project Behind Bars. Alejandro Acosta, of Fort Lauderdale, is the HIV advocacy manager for Equality Florida.

Uganda: HIV law deters communities from seeking HIV services and should be reformed

Kaleba scolds Parliament: The AIDS law is poisonous

“Whereas the law contains important commitments by government for the HIV and AIDS response in Uganda, there are some “poisonous” clauses that could deter all the benefits realised in the fight against the scourge,” she said.

HEALTH HIV/AIDS

The founder of The Aids Support Organization (TASO), Noerine Kaleeba, has castigated members of parliament, saying they approved the AIDS law which is awash with numerous contentious clauses.

In 2014, Parliament endorsed the HIV and AIDS Prevention law, which came into effect the same year on July 31, when President Yoweri Museveni assented to it. The law seeks to provide for a legal framework geared towards the prevention and control of HIV.

Kaleeba said the contentious clauses (41 and 43) of the law provide for prosecution on grounds of attempted and intentional transmission of HIV, respectively. Among the provisions of the piece of legislation is criminal penalty for risk and intentional transmission of the virus.

The law requires mandatory disclosure of one’s HIV status, failure of which would be regarded as “criminal”, and attempting to or, intentionally transmitting the virus. Failure to use a condom where one knows their HIV status would constitute a criminal offence, making them liable for prosecution.

Speaking during the 29th Centre General Meeting (CGM) of TASO Mulago last week, Kaleeba regretted that these provisions in the law do not only stigmatise and discriminate against people living with HIV but also deter communities from seeking HIV services such as HIV Testing and subsequently HIV treatment.

TASO founder Noeline Kaleebu together with another founder Peter Ssebanja take to the flow during the 29 AGM for TASO Mulago

She said that the clauses have fueled domestic violence in homes since the couples each blame one another for intentionally transmitting the virus. She said it is naïve to think that the person who tests first is the one who infects the other, it could be the other way round.

“Honestly, how can it be proven that indeed the HIV of the accuser was got from the accused? There is fear that public knowledge of one’s HIV positive status would be used against them due to personal differences,” she says.

She argued that this will ultimately discourage people from testing to know their status fearing that if found positive, their status could be used against them in courts of law at any point in time. It should thus be noted that one who does not know their status cannot be held liable under this law.

“We should avoid creating scenarios where people living with HIV/AIDS are looked at as criminals or potential criminals,” She says. Adding, “People will inadvertently live with the virus without accessing treatment and by the time they get to know their status it will be too late.”

Kaleeba says that both members of the previous parliament and the President (who signed the law) acted out of ignorance, and therefore made a mistake. She prays that the 10th parliament doesn’t have to keep the error, and this is urgent.

She also hailed the appointment of Winnie Byanyima as the new executive director of UNAIDS, saying it has come at the right time as we are closing the chapter of HIV/AIDS. She said Byanyima is an exceptionally good manager, and her appointment will elevate our country.

“She will definitely give a mirage to Uganda even for those who didn’t know Uganda, will come to know the country, whether they like it or not. The world will say the new UNAIDS ED comes from Uganda, and that way our reputation will be elevated. People living with HIV, therefore, need to double their efforts especially on issues of taking their medication,” she said.

“Strict adherence to treatment is where the war is. When you religiously adhere to your medication, your viral load becomes undetectable, meaning you will not transmit to others. Let us be exemplary and merit Bwanyima’s confidence.”

Responding to Kaleeba’s concerns, the guest of honour, Florence Nambozo, who is also woman MP for Sironko and chairperson HIV/AIDS committee, assured over 800 people who turned up for the CGM that she will talk to her fellow members of parliament to make sure that the law is amended.

She said Uganda is making good progress in the HIV fight and urged people living with HIV to stick to treatment since the ARVs are available and free in all government health facilities.

The Centre Program Manager TASO Mulago, Godfry Mafabi revealed that by end of July TASO Mulago had recorded a cumulative total of 7754 compared to last years’ 1145 in care against a target of 8371 to be achieved by September 2019.

Mafabi said that since the last AGM 918 clients were initiated on ART, of these 23 were children and 139 adolescents, and 756 were adults compared to 663 who were started on ART between 17 August- July 18. The suppression rate is currently at 97% surpassing the new national target of 95% target.

However, the institution is still faced with challenges of funding since the time the donors pulled out. The number of staff was also reduced at the facility to 27 from 75, which is a big setback. We are using expert clients to handle new clients, he said.