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Home| Library | Democracy & Human Rights | Info & Comm | Lesotho Democracy Programme | Water
Developing a Right based approach to HIV/AIDS Transformation Resource Centre is an organisation with four main programmes namely Democracy and Human Rights, Environment and Water for Justice, Information and Communication and finally Library. The main focus of the programmes is promotion of democracy, human rights, rule of law, water and environmental justice, library and information dissemination, interactive and strengthening parliament. As part of the Human rights project had a focus to identify human rights issue that need to be tabled and discussed so to identify appropriate policy options in relation to HIV and AIDS. The relationship between human rights and HIV is undisputed with international organizations encouraging the improvement of national human rights situation as a way to curb the effects and spread of HIV. Though so much progress has been achieved in sensitization, it is important to realize that the risk of HIV infection and its impact feeds on violation of human rights, including discrimination against women and marginalized groups such as young people, sex workers, men who sleep with other men, children, prisoners, disabled and people who inject drugs. HIV also frequently begets human rights violations such as further discrimination and abuse. Over the past decade the critical need for strengthening human rights to effectively respond to the epidemic and deal with its effects has become ever clearer. Protecting human rights and promoting public health need to be mutually reinforced. This report is a summary of a Round table discussion held on 18 February 2010. The discussion was held under the Chatham House rules in order to encourage open engagement by academics and practitioners which would be non-attributable. Government, Parliament, Justice, Army, Police, Prison Service, Parastal, Non- Governmental Organizations (NGO) sector, Civil Society, People living with HIV and AIDS, and Faith-Based Organizations were invited to participate in the meeting.
Three presentations were made, by
The round table discussion sought to: • Develop an understanding of the relationship between human rights and HIV and AIDS, how dealing with human rights has an effect on HIV. • Identify gaps that exist in the policies and laws in Lesotho that exacerbate the spread of HIV. • Attempt to put forward appropriate policy options that contribute towards curbing the spread and effects of HIV by addressing human rights issue in the context of the SADC Model law adopted on 24 November 2008 by the SADC Parliamentary Forum.
The key areas that TRC, and its partners as well as the participants of the round table, were interested in exploring included: • Pre-recruitment testing policies • Rights of Gays and Lesbians in the context of HIV • Rights of Prisoners in relation to HIV • The right to privacy in the context of HIV • Children's rights in the context of HIV.
Pre-recruitment testing policies Concerns were raised by presenters and the participants on certain state institutions that have pre recruitment policies. The Lesotho Defense Forces' (LDF) stood up as one institution which takes all its applicants for a general medical testing, which also includes HIV testing. For an individual to be recruited into the military HIV status is one of the pre-requisite. In its defense the LDF argues that the policy was put in place as a need to recruit strong soldiers that can with-stand hardship and who can go through the 6 months training. The Model law in section 23 prohibits pre-recruitment testing, whether government, public and private sector. The AIDS Bill on the other hand seems to give a blind eye on issue of pre-recruitment testing and does little to address them. It dwells on protecting employees against discrimination but does not take a step back to protect people living with HIV in acquiring employment. Rights of Gays and Lesbians In recent times the issue of gays and lesbian has been a topic in church, parliament, and even in the media. Gays and Lesbians have been criticized from all corners, from the church and society as the Basotho culture has failed to reconcile with the existence of gays and lesbians. This community faces discrimination and marginalization as the larger community sees them as outcasts. However there is failure by law and government to protect, respect and promote the rights of this group. This has resulted in gays and lesbians staying underground in the fear of being victimized by the community thus not approaching for help in the event of a sickness. Part 4 of the Model Law is based on Human rights and it calls for individual rights to be protected and respected not withstanding their sexual orientation. Rights of Prisoners in the context of HIV Prisoners have also become victims of cultures and policy that has exposed them to HIV/AIDS. Lesotho Correctional Service (LCS) acknowledged that sexual activities take place in prison with the Sebota (cell prefect) sodomising other prisoners as he claims to be the ‘father'. According to a research conducted revealed that one third of prisoners who enter the prison cells HIV negative leave the prison cells positive in Lesotho. However by law sodomy is an offense in Lesotho and the LCS does not provide material for protection in the fear of promoting something that is by law a crime. This however allows for the transmition of HIV in prisons, according to the Model Law in Section 29 (2) it is not an offence for government to provide materials for safe sex, and there is need for government either to provide condoms as its responsibility or allow prisoners to buys for themselves. The right to privacy in the context of HIV The AIDS Bill and the MCTP policies clearly state the need for privacy on one's HIV status and not to disclose to family without consent. However the panel of participants has been baffled by how discloser and right to privacy have increased the rate which HIV is being transmitted by individuals who are aware of their positive status. By law medical practitioners are not bound to disclose the status of an individual even to their sex partners without their consent but only persuade them to disclose it. However this has left many women and girls in the villages at the risk of contracting HIV from man who have multi-concurrent partners and know they have the virus. The question is should we continue to speak about the right to privacy when it in fact it exposes women to high rates of HIV.
The round table agreed that the following points represented the core areas that need to be addressed in terms of a right based approach to HIV. • There is need to re-strategize on information dissemination on the issue of HIV/AIDS especially to the rural and semi-rural population on the importance of ARVs. This will go a long way in curbing the selling of ARVs by the rural and semi-rural population to South African drug dealers. • There is also need to Criminalize the sell the of ARVs by individuals to South Africans, as this is having a great effect on the government's spending as it tries to fill the gap being left in hospitals. • There is also need to revisit the AIDS Bill and the PMTCT Bill on issues of privacy and confidentiality. As it stands individuals who are aware of their positive status spread HIV to their partners and even in villages and refuse for health practitioners to disclose their status to family and even their partners. There is need for the AIDS Bill to give individuals a specific time frame to which they discuss and disclose their status to their partners and if not the health practitioner has the mandate to disclose to the partner (s). • There is need to reconsider the way that the military is addressed by national policy, as it stands the AIDS Bill does not affect the army. Is that a way of viewing the military as above the law of this country, Labor laws in Lesotho do not have a bearing on the army as well, which has allowed the army to continue with pre-recruitment testing all in the name of having a strong security force. In the meeting the army defended this policy saying that HIV positive individuals usually do not complete the 6 months training as the training is too tough that it reduces the immune system. • There is need to for national policies such as the AIDS Bill and Labor laws to bind all institutions, may it be government, public and private institutions. The military should work under the law and should be answerable to all laws and policies. • There is need for policy makers to re-think the effects of criminalizing sodomy on the rights of LGBTI and addressing sodomy in prison. Policy makers need to relax on the laws against sodomy, this will help the Lesotho Correctional Service to provide condoms for prisoners and address the spread of HIV in prisons. • The fight against LGBTI will also be reduced as law will not be against them and they can approach hospitals and health centers for treatment without fear of being victimized and marginalized.
Reforming laws and policies that are based in deeply-rooted social attitudes and norms requires multi-sectoral collaboration. Not only to have papers of legislature but also to have effective changes in social attitudes and address discrimination. Civil society, including organizations of people living with HIV, as well as other parts of society, including police and justice systems, have a critical role to play. The protection of human rights, both of those vulnerable to infection and those already infected, is not only right, but also produces positive public health results against HIV.
The discussions were then closed by Mr. Tabifor, a representative of UNAIDS. In his remarks, Mr. Tabifor indicated that it is evident that the round-table discussion was but the beginning of a long process that would lead to adoption of home-brewed remedies such as policies and legislation that can work best towards defeating the pandemic while at the same time protecting, respecting and fulfilling the rights of the people in Lesotho. He advised that since it would seem that most of the issues discussed remained unresolved, it is important for the Transformation Resource Centre to convene yet another forum in which the participants would be able to develop a policy paper for consideration by policy-makers.
• Christian Council of Lesotho (CCL) • Lesotho Defense Forces • National Assembly • Lesotho Red Cross • Law Reform Commission • Lesotho Correctional Service • Magistrate Court • Matrix • Parliament of Lesotho • Lesotho Youth Federation • Lesotho Police Service • National Aids Commission • Ministry of Gender • LCN • DPE • Baylor • LANFOD • UNAIDS
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