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
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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;
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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 in the context of HIV, protect affected persons commissions mandated to protect and promote human rights from discrimination as well as promote access to HIV-related within their countries. These are entities set up under an act of prevention, treatment, care and support services. An effective the legislatures or under the constitutions of these countries. response requires that all branches of government protect, The detailed mandate of each may differ from country to respect, promote and fulfil the fundamental freedoms of all country but in general, human rights commissions are given a people - including civil, political, economic, social and cultural range of powers to investigate, document and monitor human rights - in accordance with national, regional and international rights violations; to review government’s observance of and human rights standards. compliance with human rights – including through participating in and reviewing draft laws - as well as to conduct research, The Global Commission on HIV and the Law was launched training and education on broad human rights issues as well as in June 2010 to develop actionable, evidence-informed specific issues of national concern. As a result, national human and human rights based recommendations for effective HIV rights commissions have a vital role to play in strengthening responses that promote and protect the rights of people living rights-based legal and regulatory frameworks for HIV and AIDS with and most vulnerable to HIV. In its July 2012 report titled through work at various levels.
HIV is the 6th leading cause of death in the world with 1.78 million deaths considered to be due to AIDS-related illnesses in 2008. See WHO “The top 10 causes of death” Fact sheet No 310, updated in June 2011, available at http://www.who.int/mediacentre/factsheets/fs310/en/index.html
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Tuesday, 25 November 2014 are most vulnerable to, and most affected by the epidemic. Ms Ngatia concluded by reiterating that people most vulnerable to HIV must be mobilised and protected to support themselves Session One: HIV, the Law and and their loved ones. UNDP has developed a comprehensive package of combination HIV preventive services. However, it National Human Rights Institutions is necessary to have continued leadership from respectable institutions such as NHRIs to take decisive action to provide Chairperson: Ms Kagwira Mbogori (Chairperson Kenya support to populations that are hard to reach. National Commission on Human Rights) Mr John Kamigwi, Deputy Director National AIDS Control The Chairperson welcomed the participants and thanked them Council (NACC) for coming to Kenya. She indicated that this seminar will go a long way in furthering the work that governments, UNAIDS, Mr. Kamigwi described NACC as a government agency UNDP, National Human Rights Institutions (NHRIs) and Civil mandated to coordinate the multi-sectoral response to HIV and Society Organisations (CSOs) undertake in ensuring the proper AIDS. NACC has coordinated development, implementation care and consideration for persons infected and affected by and review of strategic frameworks over the years, the last of HIV. which was the Kenya National AIDS Strategic Plan III (KNASP III). KNASP III came to an end in 2014 and will be succeeded by 30 years later the epidemic continues to ravage the African a new strategic framework, the Kenya HIV and AIDS Strategic continent and around 19 million of people living with HIV Framework (KASF), which shall emphasise the multi-sectoral (PLHIV) are not aware of their HIV status. She commended the approach and accountability amongst partners. launch of the “90-901-90” initiative by UNAIDS in September 2014. She noted that it is imperative that countries move with The objectives of KASF are: to reduce HIV infections by 75%; speed to ensure that policy and legislative framework that are reduce AIDS related mortality by 25%; reduce HIV related supportive to the fight against HIV are enhanced. stigma and discrimination by 50%; and an increase to the domestic financing of the HIV response by 50%. The KASF Commissioner Mbogori challenged participants to interrogate objectives will be delivered through strategic decisions, using the role of law and their own commitment to fight the epidemic. a human rights approach to facilitate access to services for The commitment to fight the epidemic must exist before a PLHIV, key populations and other priority groups. critique of the law can ensue. She concluded by encouraging countries to borrow, enhance and domesticate best practices The priority intervention areas identified are: to remove from other countries such as Botswana. The ultimate goal is to barriers to the access of HIV, sexual and reproductive health achieve zero new HIV infections, zero discrimination and zero and rights information and services in public and private AIDS related deaths, and this she stated is not too much to entities; improve the national and county legal and policy hope for. environment for protection of priority persons, including key populations and PLHIV; improving access to legal and social Key Note Address: Ms Shelia Ngatia , Representative of UNDP justice and protection from stigma and discrimination in the Country Director public and private sector; and using a human rights approach to support programmes in pursuing zero tolerance to stigma This seminar took place in the context of the General Assembly and discrimination. It is hoped that through a multi sectoral Meeting in New York City in 2011, where world leaders approach with a strong monitoring and evaluation component reaffirmed their commitment to end the AIDS epidemic. and accountability by partners, the objectives of KASF will be The journey to end the epidemic must be signposted with achieved by 2019. an uncompromising protection of human rights: the right of everyone to a life of dignity and security; to be free from discrimination; to access information; to access services; and to the highest attainable standard of health. HIV and AIDS are more than an infection or a disease for medical practitioners; there is a clear link between health, human rights and the law. Those who are most marginalised in society are also those that
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Ms Dorothy Onyango-Executive Director of Women Fighting Ms. Catherine Muyeka Mumma, Commissioner, Commission AIDS in Kenya for the Implementation of the Constitution
Dorothy Onyango is a woman living with HIV (WLHIV), leader, Commissioner Mumma’s presentation was focused on mother, and grandmother. 30 years into the epidemic women answering the question of why we need a rights based are still dying of AIDS related causes, having their rights approach. She explained the need for a rights based approach violated and being denied access to property. She shared her in dealing with everything, including HIV services. A rights experience as a WLHIV, which highlighted many challenges based approach is functionally driven by respect, protection faced by PLHIVs. She indicated that criminalisation of HIV and delivery of human rights both in substance, operational transmission is a huge issue not only for PLHIV but for women, systems and processes. with the burden of ensuring non-transmission placed on PLHIV. Criminalisation additionally it fails to take into consideration The key ingredients for a rights based approach include: the effect of ARVs on preventing transmission. policies, laws and standards as the general guiding tools; functional care systems, including structures, competent It is necessary to focus on protection and promotion of rights human resources, financial investment, access to quality to ensure that lives are made better. However, because of preventive and other relevant drugs and commodities, access stigma and discrimination women are not able to articulate to good information systems, functional strategic partnerships; their rights. Women have from the inception of the epidemic and an operational culture driven by certain values and been advocates: they would like to have their voices heard principles. in a friendlier space. Ms. Onyango emphasised the need to ensure access to justice with minimal or no cost at all, as this National Human Rights Institutions should be monitoring will guarantee that PLHIV can access their rights. and protecting human rights. There is a tendency to focus on governance issues and little attention is paid to socio-economic Gurumurthy Rangaiyan-Senior Advisor on HIV - UNAIDS rights and in the context of HIV the core right is the right to health. The Commissioner urged members to recognise that Dr. Rangaiyan provided the participants with the context of failure to focus on health is what will lead to the decline of our the HIV epidemic in East and Southern Africa (ESA). The HIV economies, communities and ultimately our countries. These epidemic in Sub-Saharan Africa accounts for 72% of the global institutions are in a unique position, they are independent, HIV burden and the ESA region accounts for 50% of the global mandated by their constitutions and have the unique insight burden. Africa is the most affected region, with the number of on what should and shall inform a rights based approach. PLHIV around 18.5 million, of which 2 million are children.
There has been significant progress in tackling the epidemic Session Two: The role and with 7.7 million people on ARTs, which has translated to significant reduction in AIDS related deaths and new infections Mandate of National Human rights reduced by 32%; PMTCT services have increased; and Institutions in the HIV Response new infections among children have declined dramatically. However, such progress must be viewed in light of the fact Session two was chaired by Justice Tujilane Chizumila (Rtd) that only 45% of PLHIV are aware of their status, resulting in a who serves as the Ombudsman in Malawi. substantial amount at risk. Due to this position, she is also a commissioner in the Human In order to fight the epidemic, there must be a focus on Rights Commission, a member of the Police Commission and geographical location and population groups e.g. key the Prison Services. In kicking off the discussion, she explained populations, migrant workers, and pregnant women amongst the meaning of the term ombudsman which is a Swedish word others. UNAIDS has launched the “90% 90% 90%” initiative, that means ‘the hand that goes out to help the poor’. with the target of achieving universal coverage of medication. This will be achieved by building momentum across the Justice (Rtd.) Violet Mavisi countries and ensuring that the HIV response does not leave anyone behind. Ending AIDS epidemic by 2030 is not possible Justice Mavisi discussed the roles and mandates of human without a people centric approach, and a focus on the many rights commissions, specifically focusing on what they can people who have been left behind in the HIV response. address in the context of HIV. These institutions are in a significant position given that they are part of the government He concluded by stating that the HIV epidemic will not end if but remain independent institutions. we continue to perpetuate stigma and discrimination. There may be services to address the epidemic across the countries but these must be provided in a quality manner and without discrimination.
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Participants follow keenly the proceedings of the seminar
The role of these institutions is promotion and protection treaties by government; review of Bills, laws and policies; of human rights, and this can be achieved in a number of advocacy on rights and responsibilities of PLHIV; inspecting ways, including: an advisory role; through information and custodial facilities; and through the National Human Rights education; monitoring government; inspecting custodial Action Plan, which addresses the right to health and protection facilities; receiving and investigating complaints of human of vulnerable people. rights violations; conduct inquiries; and reporting on the human rights compliance in their countries. The rights based 3.2.2. Human Rights Commission, Malawi approach is critical in terms of dealing with issues of HIV. It The commission has two major roles: protection and promotion is necessary to promote and protect the rights of all persons of human rights. It achieves this by engaging in public interest who approach these institutions, and failure to do so fails litigation on behalf of complainants; investigation into the community and the country. Where human rights are not complaints; assessment, analysis and contribution on the status protected and promoted, the risk of HIV is increased. The face of laws and policies to do with HIV and AIDS; recommendations of HIV is our failure to protect and promote human rights. for laws and policies to be in conformity with principles of democracy; research and documentation. The commission Sharing country experiences of different National Human has also partnered with UNAIDS to develop programmes for Rights Institutions in the context of HIV HIV. Additionally, Malawi is a Global fund beneficiary and has contributed to the review of the global fund strategic plan. 3.2.1. Uganda National Human Rights Commission The Uganda Human Rights Commission engages in HIV and human rights issues using the following mechanisms: complaints handling; checking compliance with international
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3.2.3. Office of the Ombudsman, Malawi Since 2007 they have adopted legislation that affects the rights The Ombudsman in Malawi is on the police and prisons of those infected and affected by HIV, and at present the focal commissions, and is a commissioner in the human rights point is trying to create awareness of the legislation. The institution. Due to these roles she can influence stakeholders. challenges faced are the criminalisation of HIV transmission, The Ombudsman’s mandate is derived from the Ombudsman which is currently being debated nationally, and the lack of Act and it is mandated to act as a watchdog of the public office capacity and awareness of the Police. and public service. 3.2.8. Lesotho 3.2.4. Zimbabwe Human Rights Commission Lesotho does not have a human rights commission and the This Commission is a fairly new body which acts both as mandate to protect human rights is with the Ministry of Law public protector and a human rights commission. It is set up and Human Rights in collaboration with civil society. HIV issues into eight thematic work groups which include the economic, are within the mandate if the Ministry of Health which only social and cultural rights group. The commission participates deals with the issues generally. However, some programmes in national reports and has highlighted the issues of PLHIV; has to address the epidemic such as the provision of prisons with an advisory function; it receives complaints on issues of stigma condoms and the development of a Human Rights Policy have and discrimination; and is mandated to conduct inspections been undertaken. and monitor human rights areas- in terms of this mandate the Commission took the opportunity to review the situation for 3.2.9. Office of the Ombudsman, Botswana prisoners with HIV in terms of their ability to access medicines. This office has a limited mandate to deal with human rights issues and they are hoping to have their mandate extended. They have dealt with some human rights issues but within a 3.2.5. South Africa Human Rights Commission limited scope. The South Africa Human Rights Commission has a promotional mandate which includes outreach projects, seminars, use of media and IEC materials. They monitor government 3.2.10. Zambia Human Rights Commission compliance and give submissions to parliament; conduct The Zambian Commission drafts a human rights report annually national hearings; report to parliament with recommendations; and in this report highlights issues of health. They monitor have a complaints handling procedure; and collaborate with prisons and specifically focus on health; have a complaints civil society and government to help ensure that the dignity of mechanism; conduct trainings to sensitise stakeholders on all persons is protected. issues of HIV and AIDS; and are members of the Anti-Gender Based Violence Committee. 3.2.6. Tanzania Human Rights Commission This Commission has the dual mandate of human rights 3.2.11. National Human Rights Organisation, Namibia institution and office of the ombudsman. It has engaged In Namibia issues of HIV and AIDS are within the Ministry of in various projects which include ensuring that social and Health and Social Services, and the Organisation only has a economic considerations are included in the Bill of Rights; monitoring role. However, Namibia is launching a National and receive complaints, which they refer to the appropriate Health Strategic Plan which will include the right to health. institutions. is the Commission has developed a National Human Rights Action Plan for 2013-2017, which seeks to 3.3. Discussion mainstream human rights and HIV programmes at all levels of The discussion during this session was centred on addressing government. The greatest challenge they face is government the culture of stigma against PLHIV; the quality of participation opposition to some of their activities, including their attempts in HIV programming and issues of privacy where mandatory to reach out to MSMs. testing is required. What roles can these institutions play in addressing a culture of stigma that is so ingrained that 3.2.7. Democratic Republic of Congo (DRC) PLHIV fear approaching a public health official. Justice Mavisi The DRC does not have a human rights commission: however, indicated that an enabling legal environment with the right discussions in parliament are on-going to establish one. There amount of advocacy and education should address the culture is a multi-sectoral programme in place with regard to the of stigmatisation Informed and meaningful participation is HIV epidemic which is attached directly to the Office of the always encouraged and in order to achieve this it is necessary President. The focal point of this programme is the Ministry of to make the information available. On the issue of privacy Justice which, is in charge of working with all other ministries and mandatory testing in the case of pregnant women it was and departments on issues relating to HIV. emphasised that pregnancy does not negate the right to privacy, and that is the starting point. The strategy should be to inform the pregnant woman of the benefit of testing her and encourage her following the correct steps as opposed to violating her rights.
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protection for vulnerable and key populations; there are Session Three: HIV related punitive and discriminatory provisions in the laws and we need discrimination in Eastern and to gather evidence on their impact and find a way to challenge them; and there is a body of existing guidance that we need Southern Africa (ESA) to take heed of.
The main sources of protection for PLHIV are access to Session 3: Chaired by Mr. Allan Maleche the Executive health care, non-discrimination, protection from mandatory Director of KELIN. testing and confidentiality. The challenges faced in realising these protections are mandatory testing, forced disclosure, Ms Teresia Njoki Otieno, International Community of Women criminalisation of HIV transmission; criminalisation of specific Living with HIV behaviours e.g. MSMs, sex workers and IDUs; and laws, policies and practices that perpetuate gender inequality and Ms. Otieno is the Global Chairperson of International gender based violence (GBV). Beyond the role of monitoring, Community of Women Living with HIV and her presentation an NHRI can report and document to strengthen the body of was on the findings of Stigma Index Studies in ESA. The stigma evidence with a view to showing the impact of negative laws on index measured how stigma on HIV and AIDS was impacting the broader society. upon women enjoying the benefit of their rights. One of the key areas focused on by the index was the percentage of persons Commissioner Suzanne Chivusia, Kenya National Commission fearful of physical contact with PLHIV, and this was found to be on Human Rights 18% of Kenyans. Stigma is experienced in all areas including both the public and private lives of PLHIV. It is experienced Commissioner Chivusia discussed the role of NHRIs in in homes, schools, places of worship, health facilities etc. The addressing HIV related discrimination. She stated that workplace poses a huge challenge as people are unable to discrimination is a result of stigma and it consists of actions perform their duties and maintain their livelihoods. The impact or omissions that derive from stigma, and that are directed of stigma in Kenya is so entrenched that over 74% of PLHIV are towards individuals who experience stigma. afraid to disclose their status. NHRIs have a mandate to promote and protect human rights Dr. Amitrajit Saha, Senior Adviser HIV and Human Rights, and through this mandate they can play a significant role in UNDP Regional Office addressing stigma and discrimination. NHRIs can significantly address complaints received from victims of discrimination; Dr Saha made a presentation on the findings of the Global take an advisory role with parliament to particularly address Commission on HIV & AIDS in Africa. The Global Commission legislation that may impact upon the realisation of human was convened in 2010, and after 18 months of dialogue and rights; use alternative dispute resolution to address complaints consultation a report was released in July 2012. The Africa of human rights violations; use inquiries and other forms of Dialogue took place in August 2011 and it provided a unique redress to address cases that have wider implications on forum for 60 representatives from civil society to engage directly systemic violations of human rights; and partner with other with 40 government officials, law experts and 12 members of organisations and adopt a joint monitoring role. the Global Commission, to discuss gaps and opportunities for NHRIs need to integrate HIV into their work, and this requires change in the law, practices of law enforcement, issues with all members having knowledge of and appreciation of HIV. legal aid and access to redress. Discussion The Commission’s findings were that there are bad laws The issues that came out strongly in this discussion were the role across the world that waste money and limits efforts towards NHRIs can play when dealing with criminalised populations; realisation of an HIV free world. There are also good laws and sexual reproductive health and the role of education in good practices and these must be replicated. Significantly, the preparing young people for sexual activity; and the role of commission found that scientific tools alone cannot achieve the education in the fight against stigma and discrimination. The necessary impact on the HIV epidemic. The legal environment tensions that exist in dealing with populations such as MSMs, is significant in giving the necessary traction to reach an HIV sex workers and IDUs that are criminalised posed a problem free world. to many participants who were not clear on how they would reconcile the law with their duties as NHRIs to protect human Catherine Grant, UNDP Consultant rights.
Catherine Grant discussed the legal protections against HIV- Education, it was agreed, would have a big impact in the related human rights violations in Africa. She stated that she fight against HIV and the stigma that arises from HIV status. wanted to deliver four key messages: there are many protective However, the difficulty that is seen is that despite education provisions and we have to find a way to use them; there are a the high levels of HIV infection and pregnancy in girls between number of critical omissions in legislation: we need to include ages 15-24 is indicative that these girls while sexually active
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are not protecting themselves. How should such issues be prepared for the risks associated with sexual activity. There addressed? Should sexual education be introduced in schools is a need for linkages between different institutions that is at a much earlier age? There was agreement that there is a churches, different ministries, schools, communities and need for civic education to address the myths and perceptions parents. There are existing policies to address HIV and SRH in that exist about HIV. young people but there are challenges in implementing them because of socio-cultural issues, which have become a barrier to addressing HIV. Young people are being left behind in the Session Four: Children and Young HIV response and it is necessary to ensure their voices are heard. The solution lies in the Ministry of Education: children People Living with HIV have a right to education and this should include education on their sexual and reproductive health. Session 4 was chaired by Ms Diana Rutabingwa from the Uganda Human Rights Commission. Discussion The discussion indicated the challenges that arise when Ms.Juliana Odindo dealing with children including issues of age of majority and of consent; contradiction in terms of age of majority, consent Ms Juliana Odindo is a member of the Network of People to testing and consent to sex. How do we reconcile these Living with HIV and AIDS in Kenya. She is 23 years old and was issues? The different countries have different ages for majority, born with HIV. She recounted her experience as a child and for consent for sex and for consent for treatment and testing. young person living with HIV, having lost her parents to AIDS In South Africa it was indicated that the age for consent to at a very young age. Her childhood was one where she was sex was chosen based on extensive research. It is significant conflicted because she was unaware of her status for a number that the presentation passes the buck on to the Ministry of of years and only knew that she had to take medication every Education because it is not sufficient to simply have laws and day. She faced high levels of stigma both at school and at policies regulating children and their reproductive health: it is home, which sometimes left her hopeless and angry to the necessary to prepare them for sexual activity, and this can only point that she was afraid to take her medication at school. be through education. Ms. Odindo expressed the view that the government has not done enough to address the HIV epidemic because children The different institutions that children engage with - school, are still being born with HIV when it is avoidable. She showed religious places, home, church and the community - must concern at the lack of funding towards HIV programmes speak to each other. Children are constantly getting conflicting specifically for children in terms of development of appropriate messages, which creates a barrier to them comprehensively medication and interventions. Her gravest concern is the lack understanding their SRH. of disclosure to children: she did not know that she had HIV for a number of years and therefore was unable to understand Another aspect that was discussed was when it would be the importance of her medication and develop defence appropriate to disclose to a child that they are HIV positive. mechanisms to the stigma she experienced. Everyone must be Ideally, disclosure should empower the child, and this can only more aware of the need to disclose the HIV status of a child to be determined by the person disclosing the information. that child.
Ms Jane Kamau, United Nations Educational, Scientific and Cultural Organisation (UNESCO)
This presentation was on the conflicts, gaps and challenges in law and policy affecting young people living with HIV. 52% of all new infections among young people occur in the ESA region. Some of the reasons suggested for these numbers are: the low levels of comprehensive knowledge on HIV; inadequate education on sexuality, condoms and safe sex; gender inequality; human rights violations; and poor linkages and referrals to SRH services.
In a number of jurisdictions it was noted that there are policies and legislation in conflict with each other and more specifically a failure to both acknowledge that adolescents are having sex and to educate such young people so that they may be
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Wednesday, 26 November 2014 6.3. Mr Paul Kuria, Acting Commission Secretary, National Gender and Equality Commission
Session Five: Women’s rights in the Mr. Paul Kuria made a presentation on behalf of Commissioner Winnie Lichuma on key considerations for protecting women’s context of HIV and AIDS rights through national human rights institutions and gender commissions. Mr. Kuria explained that women with HIV are This session was chaired by Ms. Phumulela Thwala from the a complex and large group that is not homogenous. The Commission on Human Rights and Public Administration starting point is to identify the unique population of women. Integrity, Swaziland. Identifying the different nomenclatures will enable institutions to tailor their programmes to the issues and rights of women in Inviolata Mbawi, Country Director International Community of specific population. Women Living with HIV Eastern Africa Some of the key considerations that institutions must make Ms Inviolata Mbawi is a WLHIV and a member of the ICW and when addressing women’s rights include conducting human she gave the perspective of the HIV community on the stigma rights education which is fundamental to informing and and discrimination against WLHIV. She indicated that WLHIV educating people on women’s rights. Secondly, institutions have experienced the HIV epidemic in a way that is unique can advise and monitor government compliance with regional to them, this is evident from the creation of ICW due to the and international treaties. Thirdly, institutions can interact exclusion women suffered, even within the HIV community, with treaty bodies through reporting on the progress on where their issues were not articulated. implementation and through reporting on violations to ensure that states comply with ratified treaties. Further, institutions Women face violations unique to them such as forced should monitor government reporting obligations by ensuring sterilisation; forced to disclose their status to their partners; reports are comprehensive and speak to issues of PLHIV, mandatory testing; they are blamed for transmission of the particularly sub-categories of women, young girls, PWD and disease to their partners and children; they have the burden the historically marginalised. This includes educating the of knowing, disclosing and protecting other persons; they masses on the content of the report and the commitments face violence and backlash; and are often disinherited and left of the government. Human rights institutions have the destitute. opportunity to review policies and legislation to ensure that women’s rights are not violated and a supportive environment To ensure an HIV-free generation of children it is necessary is created. These institutions also have the advantage of being to address women living with HIV and the violations that able to handle complaints either individually or through public they face. Women face a majority of the backlash and stigma inquiries which are held based on complaints and behavioural from communities, often being blamed for the infection while trends. These can be used to address individual or systemic simultaneously being unable to ensure that they protect violation of rights. themselves from the infection. Unless these issues are addressed we cannot hope to curb the epidemic. 6.4. Discussion The discussion after this session was contentious, and 6.2. Ms Angela Nzilani somewhat divided the participants into three schools of thought. The focus was on three significant topics women’s Ms Angela Nzilani is a person with a disability (she is visually right to privacy and to make choices on their reproductive impaired) who is also living with HIV. She shared with the health vis a vis the rights of an unborn child; the role that men participants her experience at the hands of health officials, should play in addressing sexual and gender based violence which led to her being forcibly sterilised. Her key message was (SGBV) and women’s rights and the challenges faced by PWD. that while sterilisation has the potential to offer a permanent What came out strongly in this discussion were the different solution to birth control and can essentially be useful, it is the paradigms in approaching SGBV: one school of thought right of every woman to choose what mode of family planning felt strongly about the involvement of men in addressing she would like to adopt. Persons with disabilities (PWD) who GBV and realisation of human rights, while the other felt also have HIV are entitled to equal protection by the law: that programming should be focused on education and medical professionals should not therefore assume that they empowerment of women. There was no agreement on this with have the best solution. both groups having valid points. However, both agreed that empowerment of women is a key component on realisation of rights and addressing SGBV.
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 13 SUMMARY OF SESSIONS SUMMARY OF SESSIONS
The discussion on sterilisation and mandatory testing also a problem he referred to as the doctor’s dilemma: how can invited some conflicting views especially with regards to the the law be applied in a way that protects people from being right a woman has to privacy versus that of her unborn child HIV infected or infecting others? How can the law be applied to health. The representatives of ICW indicated that they without making those who need HIV preventive services most encourage HIV testing: however, it is the manner in which isolate themselves from the services? How can I practice HIV the tests are undertaken that violates their rights. Forceful preventive medicine in the key populations without breaking sterilisation violates their rights. They argued that with the right the law? This is the doctor’s dilemma. What must be determined information and counselling women would lead to consent to is if punishing behaviour that risks HIV transmission promotes testing. public health. There is little evidence to support that it does: in fact, it may undermine public health. Key populations account Finally the issue of PWD was discussed, and exactly how much for 30% of new infections in Kenya they cannot be ignored. The programming is centred on PWDs, more so for women living future will not be ensured if HIV continues to spread. with HIV. Due to their disabilities, these women are more susceptible to sexual violence and in many cases are the 7.2. Interactive Panel victims of sexual violence, without consequences for offenders. Mr. Allan Maleche moderated an interactive panel that There needs to be more programming around these issues to focused on the impact of punitive and discriminatory laws, address PWDs. policies and practices on key populations at higher risk. The panel comprised of perspectives from male and female sex workers, IDUs and a CSO working on harm reduction. The panel session consisted of posing questions to the panellists Session Six: Key Populations in the and encouraging them to answer. Though the panellists were context of HIV and AIDS from different population groups those that were members of key populations could testify to the amount of stigma and This session was chaired by Mr. William S. K Moncho discrimination that they have faced, which amount to human the Deputy Ombudsman, Office of the Ombudsman in rights violations. The violations ranged from harassment to Botswana. murder with little or no regard to the impact these actions have on them. Prof. Walter Jaoko -Deputy Programme Director, Kenya AIDS Vaccine Unit While the members of key populations, all of whom are living with HIV, showed a commitment to ensure that they adhere Professor Jaoko is a professor of microbiology at the University to their treatment for both them and their partners, they face of Nairobi. His presentation was focused on public health significant challenges in accessing treatment. Health officials versus human rights: the dilemma with key and affected stigmatise and discriminate against them, and this can risk populations. As a starting point he explained the meaning of their access to medicine as guaranteed by the Constitution. HIV and AIDS and the manner in which HIV is transmitted in When asked what efforts they would like the participants to order to get participants to understand the medical aspects of make in ensuring their rights are protected they suggested HIV and AIDS. Public health is a branch of medicine that aims to the decriminalisation of sex work, the legalisation of same sex ensure health at population level. For this reason public health relationships and legalisation of harm reduction services. creates a potential conflict between the individual and the community, because public health has to focus on both those who are infected and those who are not infected. Significantly for public health is “treatment for prevention” because studies have indicated that when under treatment the viral load is so low that chances of transmission are significantly lowered.
Key populations refer to those who are at a disproportionately higher risk of contracting HIV infection than the general population. Key populations include: sex workers; clients of sex workers; men who have sex with men (MSMs); injecting drug users (IDUs); transgender persons; and others such as fishing communities. Only focusing on sex workers, MSMs and IDUs, Prof. Jaoko indicated that if we consider the World Health Organization’s (WHO) definition of health we can conclusively state that these populations do not enjoy their right to health. The populations discussed are criminalised and this poses
14 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW SUMMARY OF SESSIONS
Participants follow keenly the proceedings of the seminar
7.3. Discussion The discussion in this session focused on three issues: understanding HIV infection; how to address key populations who are criminalised; and what guidelines or programmes can be utilised to address key populations. Prof. Jaoko explained that if one was on treatment they could still infect another person with HIV. However; the risk of infection is reduced by 98% if one is using ARVs.
There was a lot of concern on how these institutions would be able to assist key populations and at the same time comply with the law. The focus should always be on the person, and the rights that are inherent in the laws, that should drive the interventions when dealing with key populations. The law does not criminalise people: it criminalises behaviour. We cannot therefore use criminal behaviour as an excuse not to intervene when human rights are violated. The mandate is to promote and protect human rights which are inherent to all human beings. South Africa for instance has been very progressive in its treatment of key populations, recognising sexual orientation in its equality clause, legalising same sex unions and more recently fighting to decriminalise sex work.
Finally, there was discussion of a model law which does not contain punitive provisions that could be used as a guide by the participants. Ms Catherine Grant indicated that the South African Development Community (SADC) model law did not contain punitive provisions and it could be utilised as a guide.
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 15 SUMMARY OF SESSIONS CLOSING REMARKS
The goal of the project is to strengthen the legal and policy Session Seven: The Role of and environment to reduce the impact of HIV and TB in Africa. The Opportunities available to NHRI, rationale for the projects is based on the findings by the Global Commission on HIV and the Law that stigma, discrimination Gender Commissions and Office and human rights violations continue to create major obstacles to effective HIV response. Very few countries have strong of Ombudsman in Protection and HIV specific laws which, if well implemented, could help in Promotion of Human Rights addressing the epidemic in other countries that do not have such laws. This session was chaired by Ms Ellen Sithole, Zimbabwe Human Rights Commission. The manner in which the project will be implemented is three fold: give support to the African Union Commission She identified three aspects for discussion in the session that for implementation and monitoring of the AU Roadmap; should essentially answer how the participants plan to take HIV support regional bodies in Africa (SADC, ECOWAS, EAC) for issues forward in their own countries. The participants were implementation and monitoring of HIV, TB and Key Population to answer if this is an area they are interested in working on; strategies; and support government and civil societies in 10 what actions they planned to take going forward; and who they countries to strengthen legal environments. There are three would need to partner with. things the project hopes to achieve: law reform; capacity building of all players; and adequate redress to human rights violations. 8.1. Hyeyoung Lim-Global Fund against HIV, Tuberculosis and Malaria 8.3. Discussion The discussion was two-fold: one aspect focused on the Ms Lim gave a presentation on the role of the commissions presentation by Ms Lim and the other on that by Mr. Maleche. in managing human rights risks in Global Fund Programmes. On Ms Lim’s presentation, Malawi indicated that a proposal to The aim of the presentation was to generate a discussion on the Global Fund had already been made and that the country how the NHRIs can work with the Global Fund. The Global had received funding, some of which had been directed to the Fund attracts, manages and disburses resources to make a Human Rights Commission. The manner in which an NHRI can sustainable and significant contribution in the fights against be involved in the Global Fund process was also discussed with AIDS, TB and Malaria in countries in need. The Global Fund Ms. Lim indicating that NHRIs could not directly approach the commits to protect and promote human rights through Global Fund for funding but could participate in the country integration of human rights considerations through the grant dialogues. Finally the position of the Democratic Republic of cycle; increased investment in programmes that address human Congo was discussed. The DRC is a high priority country and a rights barriers to accessing health services; and ensuring the proposal may have already been received from them. global fund does not support programmes that infringe on On Mr. Maleche’s presentation none of the participants was human rights. There is a need for structural change because against the idea of the concept note, and those whose countries “the law sets the stage for programs. If the law stigmatises were captured in the concept note viewed it as an opportunity people, the programmes will too.” for engagement. There was a discussion on the key results area A key feature of the new funding model is an inclusive indicated, and the need to mention reduction of stigma as a country dialogue involving all stakeholders, people living key result. And while it was hoped that the capacity building with the diseases, and key populations. The role of these element of the concept note would address stigma, it may still institutions could be highlighted in these dialogues as they be necessary to mention it as a key result. Secondly, it was agreed could participate as stakeholders. The Global Fund can work that the modality for submission of input and feedback would in partnership with NHRIs for human rights capacity building; be via email. Thirdly, some participants expressed interest in information sharing; human rights investigations; and human engaging with the steering committee for the proposal to the rights advocacy. NHRIs should be part of the country dialogue Global Fund. They intimated that it is necessary to integrate process. However, if they experience any difficulties, they can HIV in all human rights programmes, and they were cognisant approach the fund directly for information. of the impact that the National Human Rights Institutions could make. They also were hopeful that through collaboration, the goal of zero new infections and zero stigma could be reached. 8.2. Allan Maleche-Executive Director, KELIN
This presentation was on behalf of the Director of the AIDS Rights Alliance for Southern Africa (ARASA) in the hope of developing a regional proposal to the Global fund. The steering fund has already identified certain stakeholders that they would like to be part of the process. The purpose then would be to share information and receive feedback from the participants and ultimately get endorsements from the necessary institutions.
16 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW CLOSING REMARKS
The Chair of the session Ms Ellen Sithole, from the Zimbabwe Human Rights Commission, then asked the participants to take cognisance of the fact that their mandates require them to engage in human rights issues and this includes the HIV epidemic. She urged the delegates from the countries identified in the presentation to give feedback before the Friday, 5 November 2014. As a way forward it was decided NHRIs should link up with Civil Society Organisations (CSOs) for the purpose of getting support for people who have undergone human rights violations, and make a concerted effort to approach CSOs, to be able to identify cases of human rights violations.
The closing remarks were made by Ms Patricia Nyaundi, the Secretary to the Kenya National Commission on Human Rights. She stated that it was a great honour to have co-hosted a very important dialogue for the region, and thanked their partners UNDP, KELIN and UNAIDS for their support and commitment. She thanked the participants for attending indicating that she was impressed by the level of representation at the seminar.
The issues that had been discussed in the seminar were very important. Such discussions, enriched by the different perspectives from the participation of PLHIV and members of key populations, were necessary.. It is apparent that NHRIs have a significant role to play in addressing issues of HIV and AIDS and they must respect their mandates. This cannot be achieved by a single agency and there is a need to form partnerships and work together. She then thanked everyone for their participation and officially closed the seminar.
Participants follow keenly the proceedings of the seminar
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 17 APPENDIX 1: PROGRAMME
AGENDA SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 25 – 26 November, 2014 TRIBE HOTEL Nairobi, Kenya.
Tuesday,25 November, 2014 08:30 – 09:00 Registration 09:00 – 10:30 Session One – HIV, The Law and National Human Rights Institutions: The Issues Chair: Ms. Kagwira Mbogori, Chairperson Kenya National Commission on Human Rights. Keynote address –Ms. Sheila Ngatia,UNDP Resident Representative / UN Resident Coordinator. ( 10min) Remarks – Mr. John Kamigwi, Director National AIDS Control Council (10min) Dorothy Onyango, Executive Director Women Fighting AIDS in Kenya (WOFAK). (10min) The HIV epidemic in Africa with special focus on Eastern and Southern African countries– Gurumurthy Rangaiyan, Senior Advisor on HIV, UNAIDS.(15min) Why a rights’ based approach in dealing with HIV issues?-Commissioner Catherine Muyeka Mumma, Commission on Implementation of the Constitution. (15min) HIV and the law: Key issues and considerations for National Human Rights Institutions – Commissioner Otiende Amollo, Chairperson Commission on Administration of Justice.(15 mins) Discussion (20min) 10:30 –11:00 Group Photo & REFRESHMENTS 11:00 – 12:15 Session Two –The role and mandate of National Human rights Institutions in the HIV response Chair: Justice Tujilane Chizumila Ombudsman at the Malawian Human Rights Commission.(10min) The Roles and Mandates of Human rights commission, what they can address in the context of HIV– Justice Violet Mavisi (Rtd), former Vice Chair of the Kenya National Commission on Human Rights Kenya.(15 min) Discussion: Sharing of country experiences on what different National Human Rights Institutions have undertaken or are undertaking in the context of HIV. (45min) 12:15 – 13:30 LUNCH 13:30 –15:00 Session Three –HIV-related discrimination in Eastern and Southern Africa
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Chair: Mr. Allan Maleche, Executive Director KELIN .
Experience of PLHIV facing discrimination – Ms. Inviolata Mbawi International Community of Women Living with HIV-Kenya.(10min) Findings of Stigma Index Studies in Eastern and Southern Africa – Teresia Njoki Otieno – Personal Initiative for Positive Empowerment (PIPE). (10min) Findings of Global Commission on HIV and the Law in Africa - Dr. Amitrajit Saha, UNDP- Regional Office.(10min) Legal protections against HIV-related human rights violations in Eastern and Southern Africa – Ms.Catherine Grant, UNDP Consultant. (10min) Role of National Human Rights Institutions in addressing HIV-related discrimination; Commissioner. Suzanne Chivusia of the Kenya National Commission on Human Rights.(10)min Discussion: (30min) 15:00 – 15:30 REFRESHMENTS 15:30 – 16:30 Session Four – Children and Young People Living with HIV Chair: Ms. Diana Rutabingwa, Ugandan Human rights Commission HIV-Related Stigma and Discrimination against children and young people with HIV, Experience of young persons: Juliana Odindo, YPLHIV, NEPHAK. (10min) Conflicts, gaps and challenges in law and policy affecting young people with HIV: Jane Kamau, UNESCO. (10min) Discussion: Wednesday,26 November, 2014t 09:00 – 10:30 Session Five – Women’s Rights in the Context of HIV and AIDS Chair: Ms. Phumulela Thwala, Swaziland Commission on Human rights. Stigma and Discrimination Against Women Living with HIV – perspectives from the Women Living with HIV community (Focus: stigma, discrimination and sexual and gender based violence experienced by women living with HIV. Inviolata Mbawi- National Coordinator ICW Kenya &Angela Nzilani. (20min) Key considerations for protecting women’s rights through national human rights institutions and gender commissions – Mr. Paul Kuria,, Secretary Gender & Equality Commission. (15min) Discussion: How best could NHRIs respond to violation of women’s rights in the context of accessing relevant services for HIV while taking into account gender and cultural barriers.
10:30 – 11:00 Session Three –HIV-related discrimination in Eastern and Southern Africa Chair: William SK Moncho, Deputy Ombudsman-Office of the Ombudsman Botswana Interactive Panel: Moderated by Allan Maleche
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 19 APPENDIX II: List of Participants APPENDIX 1: PROGRAMME
11:00 –12:45 Public health versus human rights the dilemma with key & affected populations – Prof. Walter Jaoko, Deputy Programme Director, Kenya AIDS Vaccine Initiative. (20min) Impact of punitive and discriminatory laws, policies and practices on key populations at higher risk: perspectives from key populations’ testimonies from Male and Female Sex worker and Injecting Drug User, CSO working on Harm Reduction and Persons With Disability. (40min) Discussion: Identifying ways to work towards human rights protection for key populations within national context. (30min) 12:45 – 14:00 LUNCH 14:00 – 15:30 Session Seven – The role of and opportunities available to NHRI, Gender Commissions and Office of Ombudsmen in protection and promotion of the rights of PLHIV. Chair: Ms. Ellen Sithole, office of the Zimbabwe Human Rights Commission Interactive Panel: Role of the commissions in managing human rights risks in Global Fund Programmes - Ms. Hyeyoung Lim, Community Rights and Gender, Department, The Global Fund Against HIV, Tuberculosis and Malaria. (15min) Global Fund Regional Concept Note Development Consultation – Mr. Allan Maleche, Executive Director. (10min) Open Discussion (40 min) Evaluations Closing remarks and vote of Thanks – Head Network of African Human Rights Institutions 15:30 – 16:00 REFRESHMENTS
20 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW APPENDIX II: List of Participants
EVENT: SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 25-26 November 2014 Venue: Tribe Hotel, Nairobi, Kenya.
NO. Name Sex Institution COUNTRY 1. Allan Maleche M KELIN Kenya 2. Amitrajit Saha F UNDP Ethiopia 3. Angela Nzilani F Action Network for the Disabled Kenya (ANDY) 4. Aune Haita F Office of the Ombudsman Namibia 5. Beryl Orao F KNCHR Kenya 6. Bokang Christine Lethunya F Ministry of Law, Human Rights and Lesotho. Constitutional Affairs 7. Catherine Grant F UNDP South Africa 8. Catherine Mumma F Commission on the Implementation Kenya of the Constitution (CIC) 9. Chibesa Bezo Phylis Kankasa F Permanent Human Rights Commis- Zambia sion 10. Daphne Coetzee F Office of the Ombudsman Namibia 11. Diana Rutabingwa F Uganda Human Rights Commission Uganda 12. Dorothy Onyango F Women Fighting AIDS in Kenya Kenya (WOFAK) 13. Ellen Sithole F Zimbabwe Human Rights Commis- Zimbabwe sion 14. Evelyn Samba F KNCHR Kenya 15. Felix Masekesa M Office of the Ombudsman Malawi 16. Gurumurthy Rangaiyan M UNAIDS Kenya 17. Harry Migochi M International Labour Organization Kenya 18. Hellen Magutu, F International Labour Organization Kenya 19. Hussein Taib M MEWA Kenya 20. Hilary Vidija F KNCHR Kenya 21. Hyeyoung Lim M The Global Fund Against HIV, Tu- Switzerland berculosis and Malaria- Community Rights and Gender, Department, 22. Inviolata Mbawi F ICW Kenya Kenya 23. Jackline Were F KNCHR Kenya 24. Jacqueline Njeru F KNCHR Kenya 25. Jamila Sulu F Commission for Human Rights and Tanzania26. Good Governance 26. Jane Kamau F UNESCO Kenya
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 21 APPENDIX II: List of Participants APPENDIX II: List of Participants
25. Jamila Sulu F Commission for Human Rights and Tanzania. Good Governance 26. Jane Kamau F UNESCO Kenya 27. Jedidiah Waruhiu Wakonyo F KNCHR Kenya 28. John Kamigwi M National AIDS Control Council Kenya (NACC) 29. John Kamigwi M National AIDS Control Council Kenya (NACC) 30. Juliana Odindo M NEPHAK Kenya 31. Kagwira Mbogori F Kenya National Commission on Hu- Kenya man Rights(KNCHR) 32. Koome Miriti M KNCHR Kenya 33. Laurent Burilo M Commission for Human Rights and Tanzania Good Governance 34. Leyla Ahmed F CIC Kenya 35. Lisbon Chaamwe M Permanent Human Rights Commis- Zambia sion 36. Lucy Minayo F KNCHR Kenya 37. Ludfine Anyango F UNDP Kenya 38. Lynesther Mureu F KNCHR Kenya 39. Mats’eliso Machai- Ndumo- F Office of the Ombudsman Lesotho 40. Mawandla Gamedze M Commission on Human Rights and Swaziland Public Administration 41. Mujinga Bismana Marie Josee F HIV and Human Rights Task Force Democratic Re- public of Congo 42. Ndomba Kabeya Elie Leon F HIV and Human Rights Task Force Democratic Re- public of Congo 43. Nerima Were F KELIN Kenya 44. Patricia Mande Nyaundi F KNCHR KNCHR 45. Paul Kuria M National Gender and Equality Com- Kenya mission (NGEC) 46. Paula Biraaro F Uganda Human Rights Commission Uganda 47. Phelister Abdalla F Kenya Sex Workers Alliance (KESWA) Kenya 48. Phumelele Thwala F Commission on Human Rights and Swaziland Public Administration 49. Refilwe Tebogo Chuma F Office of the Ombudsman Botswana 50. Sheila Ngatia F UNDP Kenya 51. Sheilla Masasabi F UNDP Kenya 52. Suzanne Chivusia F KNCHR Kenya 53. Tabitha Nyambura F NGEC Kenya 54. Tanuja Munnoo F Personal Initiative for Positive Em- Kenya powerment 55. Teresia Njoki Otieno F Personal Initiative for Positive Em- Kenya Thembisa powerment Mbuli
22 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW APPENDIX II: List of Participants NOTES
27. Jedidiah Waruhiu Wakonyo F KNCHR Kenya 28. John Kamigwi M National AIDS Control Council Kenya (NACC) 29. John Kamigwi M National AIDS Control Council Kenya (NACC) 30. Juliana Odindo M NEPHAK Kenya 31. Kagwira Mbogori F Kenya National Commission on Hu- Kenya man Rights(KNCHR) 32. Koome Miriti M KNCHR Kenya 33. Laurent Burilo M Commission for Human Rights and Tanzania Good Governance 34. Leyla Ahmed F CIC Kenya 35. Lisbon Chaamwe M Permanent Human Rights Commis- Zambia sion 36. Lucy Minayo F KNCHR Kenya 37. Ludfine Anyango F UNDP Kenya 38. Lynesther Mureu F KNCHR Kenya 39. Mats’eliso Machai- Ndumo- F Office of the Ombudsman Lesotho 40. Mawandla Gamedze M Commission on Human Rights and Swaziland Public Administration 41. Mujinga Bismana Marie Josee F HIV and Human Rights Task Force Democratic Re- public of Congo 42. Ndomba Kabeya Elie Leon F HIV and Human Rights Task Force Democratic Re- public of Congo 43. Nerima Were F KELIN Kenya 44. Patricia Mande Nyaundi F KNCHR KNCHR 45. Paul Kuria M National Gender and Equality Com- Kenya mission (NGEC) 46. Paula Biraaro F Uganda Human Rights Commission Uganda 47. Phelister Abdalla F Kenya Sex Workers Alliance (KESWA) Kenya 48. Phumelele Thwala F Commission on Human Rights and Swaziland Public Administration 49. Refilwe Tebogo Chuma F Office of the Ombudsman Botswana 50. Sheila Ngatia F UNDP Kenya 51. Sheilla Masasabi F UNDP Kenya 52. Suzanne Chivusia F KNCHR Kenya 53. Tabitha Nyambura F NGEC Kenya 54. Tanuja Munnoo F Personal Initiative for Positive Em- Kenya powerment 55. Teresia Njoki Otieno F Personal Initiative for Positive Em- Kenya Thembisa powerment Mbuli 56. Thembisa Mbuli F Ministry of Law, Human Rights and Lesotho Constitutional Affairs 57. Tracy Nyenze F KELIN Kenya
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 23 NOTES APPENDIX II: List of Participants
58. Tujilane Chizumila F Office of the Ombudsman Malawi 59. Ulrike Gilbert M UNICEF Kenya 60. Umi Khalid Mmaka F Kenya Harm Reduction Network Kenya 61. Vincent Sarara Robi M Office of the Ombudsman Kenya 62. Violet Mavisi F KNCHR (Rtd) Kenya 63. Vengesai Erik Mukutiri M Zimbabwe Human Rights Commis- Zimbabwe sion 64. Walter Jaoko M Kenya AIDS Vaccine Initiative Kenya 65. William S.K. Moncho M Office of the Ombudsman Botswana
24 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW NOTES NOTES
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 25 NOTES
26 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW NOTES NOTES
SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW 27 www.kelinkenya.org
28 SEMINAR FOR AFRICAN NATIONAL HUMAN RIGHTS INSTITUTIONS ON HIV, HUMAN RIGHTS AND THE LAW