Seminar for African National Human Rights Institutions on Hiv, Human Rights and the Law Date 25-26 November, 2014 Nairobi Kenyareport
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SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW DATE 25-26 NOVEMBER, 2014 NAIROBI KENYAREPORT www.kelinkenya.org 2 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW CONTENTS ABBREVIATIONS 4 EXECUTIVE SUMMARY 5 1. Introduction and Background 6 2. Session One: HIV, The Law and National Human Rights Institutions 7 3. Session Two: The role and Mandate of National Human rights Institutions in the HIV Response 8 4. Session Three: HIV related discrimination in Eastern and Southern Africa 11 5. Session Four: Children and young people living with HIV 12 6. Session Five: women’s rights in the context of HIV and AIDS 12 7. Session Six: Key Populations in the context of HIV and AIDS 13 8. Session Seven: the role of and opportunities available to NHRI, Gender Commissions and Office of Ombudsman in protection and promotion of human rights 14 9. Closing remarks 16 APPENDICES 17 APPENDIX I: Programme 17 APPENDIX II: List of Participants 20 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 3 ABBREVIATIONS EXECUTIVE SUMMARY AIDS Acquired Immune Deficiency Syndrome ARV Antiretroviral CIC Commission for the Implementation of the Constitution CSO Civil Society Organisation ESA East and Southern Africa HIV Human Immunodeficiency Virus ICW International Community of Women Living with HIV/AIDS IDU Injecting Drug User KASF Kenya AIDS Strategic Framework KNCHR Kenya National Commission on Human Rights KP Key Population NACC National AIDS Control Council NHRI National Human Rights Institution PLHIV People living with HIV TB Tuberculosis UNDP United Nations Development Programme VMMC Voluntary Medical Male Circumcision WHO World Health Organization WLHIV Women Living with HIV WOFAK Women Fighting AIDS in Kenya 4 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW EXECUTIVE SUMMARY In 1984, the first case of HIV was diagnosed in Kenya. More ii. Children and Young People Living with HIV; than three decades on, the HIV epidemic remains one of iii. Women’s rights in the context of HIV and AIDS; the leading causes of death, according to the World Health iv. Key populations in the context of HIV and AIDS; Organization (WHO). Recognizing the magnitude of this vii. The role and opportunities available to NHRI, epidemic globally and nationally, the Secretariat of the Joint United Nations Programme on HIV/AIDS (UNAIDS Secretariat), Gender Commissions and Office of Ombudsman the United Nations Development Programme (UNDP), the in protection and promotion of human rights. Kenya National Commission on Human Rights (KNCHR) and KELIN organized a Seminar for African National Human Rights While delivering the keynote address, Ms Sheila Ngatia, Institutions on HIV, Human Rights and the Law. representative of the UNDP Country Director, emphasised that HIV and AIDS are more than an infection or a disease The Seminar was an opportunity for hands on experience- for medical practitioners; there is a clear link between health sharing between members of the National Human Rights human rights and the law. Those who are most marginalised in Institutions from 11 countries across Eastern and Southern society are also the most vulnerable to, and most affected by Africa on the multifaceted legal and human rights issues raised the epidemic. She added that the AIDS epidemic cannot be by the HIV epidemic in Africa. The seminar uniquely benefited tackled without an unwavering commitment to the protection from the perspectives of a young person born with HIV, a an0d promotion of human rights. Mr. Gurumurthy Rangayan, person with a disability and key populations living with HIV, Senior Adviser on HIV, emphasised the need to end stigma and who included representatives of sex workers, men who have discrimination, otherwise the epidemic will not be defeated. sex with men and injecting drug users. This is a sentiment that was carried throughout the seminar and emphasised by persons from different backgrounds, including The objectives of the seminar were: people living with HIV (PLHIV). The general consensus was that a. An increased awareness among participating officials on; in order to properly address the epidemic we must address the • Key HIV, law and human rights issues facing people vicious cycle of stigma-discrimination-human rights violation that continually perpetuates and hinders the HIV response. living with HIV and key populations at higher risk of HIV exposure; Commissioner Catherine Mumma and Justice Violet Mavisi • The latest scientific, medical and epidemiological (Rtd) discussed the role NHRIs should play in implementing evidence pertaining to HIV and AIDS; and the rights based approach. Commissioner Mumma explained • Stronger ability to addressing them, including that a rights based approach should be used when addressing through progressive judicial responses – by visiting the issue of HIV in both the legal environment and service delivery. Justice Mavisi emphasised that NHRIs are in a unique case law, jurisprudence and relevant judgements position to implement this approach being institutions with pertaining to HIV, and people affected and most at risk independence that also have the ear of the government. of it. The participants then discussed their mandates, describing the roles that they play in their countries regarding the HIV b. A shared understanding of the roles, responsibilities and epidemic. Their roles were varied with some institutions playing potential responses of national human rights commis- an extensive role in addressing HIV related discrimination and sions in responding to HIV and AIDS, including increased others hoping to extend their mandates. sharing and learning across countries on successes and challenges in responding to HIV-related human rights Discussions were also held on young people, women, children issues. and key populations. The participants benefitted from renditions from members of these groups, of their experiences c. The identification of ongoing support requirements to living with the virus and what they hoped could be done by sustain effective rights-based responses to HIV amongst NHRIs. In these discussions the issue of sexual and gender national human rights commissions in Africa. based violence (SGBV) came out strongly with participants agreeing that it that needs to be addressed as HIV status can This report therefore presents a summary of the presenta- be a result of, and result in SGBV. tions, discussions and engagements as well as lessons from the workshop under thematic areas as described below: i. HIV, the law and national human rights institutions; ii. The role and mandate of national human rights institutions in the HIV response; ii. HIV related discrimination in Eastern and Southern Africa; SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 5 EXECUTIVE SUMMARY SUMMARY OF SESSIONS The final session was focused on the opportunities NHRIs have in the promotion and protection of human rights. This session benefited from presentations from Ms. Hyeyoung Lim and Mr. Allan Maleche regarding the Global Fund against HIV, TB & Malaria, and the regional concept note to the Global Fund. Participants were given the opportunity to engage in the Global Fund process. The seminar was closed with remarks from Ms. Patricia Nyaundi, Secretary to the KNCHR. INTRODUCTION AND BACKGROUND More than thirty years on, the HIV epidemic remains one “Risks, Rights & Health”, the Global Commission on HIV and of the leading causes of death globally. It has confronted the Law recognises that legal environments can play a powerful countries the world over with serious health, social, economic role in the well-being of people living with, and those vulnerable and human challenges. Sub-Saharan Africa accounts for 69% to HIV. Good laws, fully resourced and rigorously enforced, can of the 34 million people living with HIV. The HIV epidemic widen access to prevention and health care services, improve varies significantly from country to country but appears to have the quality of treatment, enhance social support for people stabilized, although often at very high levels, particularly in affected by the epidemic, protect human rights that are vital to Southern Africa. survival and save public money. The report also demonstrates that the law, if well enforced, has the ability to reduce the There is a clear link between HIV, health, human rights and the number of new infections by 1 million. law. Those who are most marginalised and vulnerable in society are also those who are often most at risk of HIV exposure – the With recent scientific breakthroughs relating to the prevention protection and promotion of their human rights help to reduce and treatment of HIV, addressing the legal barriers to effective vulnerability to HIV. Furthermore research shows that people HIV responses has become more important than ever. The living with or affected by HIV encounter stigma, discrimination protection of the rights of people living with HIV and key and violations of their rights constantly in Africa, impacting populations is now recognized as critical to efforts to ensure not only on their dignity as human beings but also creating access to HIV prevention, treatment, care and support for all. barriers to their access to services. It is, therefore, evident that the protection of human rights is essential to safeguard Many countries in Africa have set up independent national human dignity