Human Rights
activists are up in arms following the quiet passing of the controversial HIV
Prevention and Control Act on Tuesday.
human Rights
Watch, HEALTH Global Advocacy Project, and Uganda Network on Law, Ethics and
HIV/AIDS said in a statement today that the legislation is “discriminatory and
will impede the fight against AIDS.”
The bill
includes mandatory HIV testing for pregnant women and their partners, and
allows medical providers to disclose a patient’s HIV status to others.
The bill also
criminalizes HIV transmission, attempted transmission, and behaviour that might
result in transmission by those who know their HIV status.
“This HIV
bill is yet another step backward in the fight against AIDS in Uganda,” said
Maria Burnett, senior Africa researcher at Human Rights Watch. “
It is founded
on stigma and discrimination and based on approaches that have been condemned
by international health agencies as ineffective and violating the rights of
people living with HIV.”
Lawmakers
believe the new law will help address the alarming HIV infections in the
country.
Health
experts recently raised a red flag over the recorded increase in HIV/AIDS
prevalence in Uganda from 6.4 percent in 2004 to 7.3 percent in 2011.
The shocking
results were tabled before legislators at a dialogue organized by the
Parliamentary Committee on HIV/AIDS to address the resurgence of the pandemic
in Kampala November 26, 2013.
Dr. Joshua Musinguzi the Programme Manager of the AIDS
Control Programme in the Ministry of Health said the recent statistics indicate
a reversal in the gains the country had attained during the last three decades.
He confirmed
that the HIV/AIDS burden stood at 1.3 million people with 145,294 new
infections recorded in 2011. Uganda lost 62,365 people to HIV/AIDS in 2011
according to statistics released by the Ministry of Health.
Dr.Musinguzi
warned that the HIV/AIDS rates that had gone down in the 1990s have now shot up
and require urgent redress. The new statistics point at Women bearing the
biggest burden of the disease with 55 percent of the new infections discovered
amongst women.
The research
attributes the trend to multiple sexual partners as the key driver to the
spread of the disease. 80 percent of the men interviewed by health experts
accepted leaving with concurrent multiple sexual partners while 68 percent of
the women lived the same lifestyle.
However,
activists say mandatory HIV testing and the disclosure of medical information
without consent are contrary to international best practices and violate
fundamental human rights, the three groups said.
“The
criminalization of HIV transmission, attempted transmission, and behaviour that
might result in transmission by those who know their HIV status is overly
broad, and difficult to enforce,” saud Human Rights Watch.
“UNAIDS and
other international agencies have discouraged such laws, which can
disproportionately target women, who because of health care during pregnancy
may be more likely to know their HIV status.”
The bill has
been pending in Uganda’s parliament since 2010.
“For Uganda
to address its HIV epidemic effectively, it needs to partner with people living
with HIV, not blame them, criminalize them, and exclude them from policy
making,” said Dorah Kiconco, executive director of Uganda Network on Law,
Ethics & HIV/AIDS.
“The
president should not sign this bill and instead ensure a rights-based approach,
recognizing that people living with HIV will prevent transmission if they are
empowered and supported.”
According to
the Uganda’s Health Ministry 2012 AIDS Indicator Survey, an estimated 1.5
million Ugandans were living with HIV.
There are at
least 140,000 new infections annually, including 28,000 from maternal to child
transmission.
Uganda’s HIV
policies over the last decade have emphasized abstinence-only approaches for
youth and marital fidelity.
Human Rights
Watch said combined with punitive laws against sex workers and homosexuals,
these approaches are felt by many to have increased the stigma and discrimination
around HIV and discouraged more people from being tested and treated.
“At the
upcoming international AIDS conference, Uganda will be the example to all the
countries gathered of how not to write laws on the HIV response,” said Asia
Russell, international policy director at Health GAP (Global Access Project).
“Parliamentarians
are doing precisely the opposite of what Uganda should be doing to fight HIV.”
Speaker Rebecca Kadaga recently said the lack of monitoring
for HIV/AIDS care and treatment services, coupled with the high costs of drugs,
and the reliance on donor support have slowed down the scaling of priority
services.
She urged
legislators to recommit themselves to fighting the current trend of HIV/AIDS.
“We have to
embrace our responsibility as representatives of the people to get involved at
a personal level and further to sensitize our constituents and update them on
the status quo,” the Speaker added.
The Speaker
urged men to get involved in testing for HIV and rallied for counselling of
couples at the health centers.
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