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HIV and the AW Report of the Asia Paci c Regional Dialogue of the Global Commission on HIV and the Law UNDP is the UN’s global development network, advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. Bangkok, 17 February 2011 HIV, Health and Development Programme for Asia and the Paci c UNDP Asia-Paci c Regional Centre United Nations Service Building, 3rd Floor Rajdamnern Nok Ave. Bangkok 10200, Thailand Email: [email protected] GLOBAL COMMISSION ON Tel: +66 (2) 304-9100 Fax: +66 (2) 280-2700 Web: http://asia-paci c.undp.org/practices/hivaids/ June 2011 HIV and the AW The content, analysis, opinions and policy recommendations contained in this publication do not necessarily reflect the views of the United Nations Development Programme, the United Nations Economic and Social Commission for Asia and the Pacific, the Joint United Nations Programme on HIV/AIDS or the Global Commission on HIV and the Law. Copyright © UNDP 2011 HIV, Health and Development Programme for Asia and the Pacific UNDP Asia-Pacific Regional Centre United Nations Service Building, 3rd Floor Rajdamnern Nok Ave. Bangkok 10200, Thailand Email: [email protected] Tel: +66 (2) 304-9100 Fax: +66 (2) 280-2700 Web: http://asia-pacific.undp.org/practices/hivaids/ ISBN: 978-974-680-296-3 Layout design by Ian Mungall. Photos by Aroon Thaewchatturat. Report of the Asia Pacific Regional Dialogue of the Global Commission on HIV and the Law Bangkok, 17 February 2011 GLOBAL COMMISSION ON HIV and the AW Contents Acknowledgements v Acronyms vi 1. Introduction 1 2. Transgender people 4 2.1 Laws 4 2.2 Law enforcement practices 6 3. Sex workers 7 3.1 Laws 7 3.2 Law enforcement practices 9 4. Men who have sex with men (MSM) 12 4.1 Laws 12 4.2 Law enforcement practices 14 5. People who use illicit drugs 16 5.1 Laws 16 5.2 Law enforcement practices 17 6. Women 20 7. Children and young people 23 8. Access to treatment 25 9. Additional issues 28 9.1 Discrimination 28 9.2 Migration and the rights of foreign workers 29 9.3 Access to justice and the role of legal services 30 9.4 The relationship between culture, religion and enabling legal environments 30 Annex I List of participants at the Regional Dialogue 33 Annex II List of written submissions 39 Annex III Legal systems of Asia and the Pacific 42 The attached DVD contains the following: • Regional Dialogue Report • Regional Issues Briefs: • Rights of women and girls • Rights of children and young people to access HIV-related services • Intellectual property rights and access to medicines • Laws and practices relating to criminalization of people living with HIV and populations vulnerable to HIV • Regional Dialogue Video Files Acknowledgements The Global Commission on HIV and the Law wishes to express its deep appreciation to all those who made submissions to and participated in the Asia Pacific Regional Dialogue of the Commission (see Annex I and II). The Asia Pacific Regional Dialogue was hosted by UNDP Asia-Pacific Regional Centre (APRC), the United Nations Economic and Social Commission for Asia and the Pacific (ESCAP) and the UNAIDS Regional Support Team (RST) for Asia and Pacific; and was jointly organized by UNDP APRC and the Secretariat of the Global Commission on HIV and the Law in New York. Special thanks to Dr. Nafis Sadik, United Nations Secretary General’s Special Envoy on HIV/AIDS in Asia Pacific; Michel Sidibé, UNAIDS Executive Director and Commissioners Dame Carol Kidu, Hon. Michael Kirby, JVR Prasada Rao, and Jon Ungphakorn for attending and actively participating in the Dialogue. The Regional Dialogue greatly benefited from the creative and inclusive moderation by Nisha Pillai. The Commission would like to acknowledge the support and commitment from Nicholas Rosellini, Deputy Assistant Administrator and Deputy Regional Director, UNDP APRC; Nanda Krairiksh, Director Social Development Division for ESCAP; and Steve Kraus, Director, UNAIDS RST. In particular, the Global Commission would like to recognize the UNDP HIV/AIDS Practice in New York for providing support; the staff members of the Secretariat of the Global Commission on HIV and the Law for their overall guidance, planning and support: Mandeep Dhaliwal, Vivek Divan and Emilie Pradichit. Edmund Settle, Clifton Cortez, Rachnee Makeh, Marta Vallejo, Ian Mungall, Kazuyuki Uji, Nashida Sattar, Pramod Kumar and Jennifer Branscombe from UNDP Asia-Pacific Regional Centre were instrumental in organising the Regional Dialogue. Additionally, Victoria Ayer, Mook-Shian Kwong and Mika Mansukhani from ESCAP and Jane Wilson, Beth Magne-Watts, Nisarat Wangchumtong and Geeta Sethi from UNAIDS RST also provided support to the Regional Dialogue. The Regional Dialogue profited from the excellent contribution and guidance of the Asia Pacific Regional Advisory Group convened by UNDP APRC, which informed the content of the Dialogue and peer reviewed the submissions to the Commission. The members of the Regional Advisory Group were: Asian Network of People who use Drugs (ANPUD), Dean Lewis; Asia Pacific Coalition on Male Sexual Health (APCOM,) Midnight Poonkasetwatana; Asia Pacific Network of People Living with HIV/AIDS (APN+), Shiba Phurailatpam ; Asia Pacific Network of Sex Workers (APNSW), Andrew Hunter; Asia Pacific Transgender Network (APTN), Prempreeda Pramoj Na Ayutthaya; Malaysia AIDS Council, Mohamad Shahrani bin Mohamad Tamrin; Economic and Social Commission for Asia and the Pacific (ESCAP), Victoria Ayer; International Labour Organization (ILO), Richard Howard; Joint United Nations Programme on HIV/AIDS (UNAIDS), Jane Wilson; United Nations Development Programme (UNDP), Edmund Settle; United Nations Office on Drugs and Crime (UNODC), Anne Bergenstrom; United Nations Population Fund (UNFPA), Josephine Sauvarin. Many thanks to the following individuals who offered invaluable assistance and support: Natalie Amar, Dominic Bocci, Meagan Burrows, Megan Cribbs, Reeti Desai, Amy Edwards, Laura Goldsmith, Brianna Harrison, David Levy, Rumbidzai Maweni, Kathleen Meara, David Ragonetti, Rohan Sajnani, Aaron Scheinwald, Ji-Eun Seong, Dimitri Teresh, and Nadeah Vali. The Global Commission on HIV and the Law and UNDP are grateful for the support provided by the American Jewish World Service (AJWS), Australian Agency for International Development (AusAID), Ford Foundation, Health Canada – International Affairs Directorate, Norad, Office of the High Commissioner for Human Rights, Open Society Foundations, Sida, UNFPA, UNICEF, and the UNAIDS Secretariat. The report was prepared by John Godwin, consultant. The Regional Dialogue Report was written to inform the work of the Global Commission on HIV and the Law, which is convened by UNDP on behalf of UNAIDS. The content, analysis, opinions and recommendations in the papers do not necessarily reflect the views of the Commission, UNDP or UNAIDS. The author accepts responsibility for any errors and omissions. v Acronyms ACHIEVE Action for Health Initiatives AIDS Acquired Immunodeficiency Syndrome ANPUD Asian Network of People Who Use Drugs APCOM Asia Pacific Coalition on Male Sexual Health APN+ Asia Pacific Network of People living with HIV/AIDS APNSW Asia Pacific Network of Sex Workers APTN Asia Pacific Transgender Network ARV Antiretroviral ASEAN Association of South East Asian Nations AusAID Australian Agency for International Development CARAM Coordination of Action Research on AIDS and Mobility DMSC Durbar Mahila Samanwaya Committee ESCAP Economic and Social Commission for Asia and the Pacific FTA Free Trade Agreement GF The Global Fund HIV Human Immunodeficiency Virus ILO International Labour Organization IP Intellectual Property MAC Malaysian AIDS Council MP Member of Parliament MSM Men who have sex with men NGO Non-government organisation PIF Pacific Island Forum PWID People who inject drugs SAARC South Asian Association for Regional Cooperation TRIPS Agreement on Trade-Related Aspects of Intellectual Property Rights UNAIDS Joint United Nations Programme on HIV/AIDS UNESCAP United Nations Economic and Social Commission for Asia and the Pacific UNDP United Nations Development Programme UNESCO United Nations Educational, Scientific and Cultural Organization UNICEF United Nations Children’s Fund UNFPA United Nations Population Fund UNODC United Nations Office on Drugs and Crime UNOHCHR Office of the High Commissioner for Human Rights WHO World Health Organization WTO World Trade Organization vi 1. Introduction Opening remarks by Helen Clark, UNDP Administrator Nature and purpose of the Regional Dialogue This report summarises the proceedings of the Asia Pacific Regional Dialogue of the Global Commission on HIV and the Law (the Commission) held on 17 February 2011 in Bangkok. This report also draws from the written submissions that were made to the Commission from civil society in Asia and the Pacific. The objectives of the Global Commission are to: • analyse existing evidence and generate new evidence on rights and law in the context of HIV and foster public dialogue on the need for rights-based law and policy in the context of HIV; • increase awareness amongst key constituencies on issues of rights and law in the context of HIV and engage with civil society and strengthen their ability to campaign, advocate and lobby; and • identify clear and actionable recommendations with a concrete plan for follow-up The Commission convened the Regional Dialogue to learn from individuals, communities, non-governmental organisations, policy-makers, legislators, judges and law enforcement officials from
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