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Malawi 2020 HIV Index and Exhibits

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[NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF HIV-POSITIVE INDIVIDUALS IN MALAWI TAB SUMMARY GOVERNMENTAL SOURCES 1. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2019 Country Reports on Human Rights Practices: Malawi (Mar. 11, 2020), available at: https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/malawi/. • “Societal discrimination against persons with HIV/AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.” (p. 22) • “The 2012 People Living with HIV Sigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reporting having been verbally insulted, harassed, and threatened (35 percent) and excluded from social gatherings (33 percent).” (p. 22) DC: 7412009-2 TAB SUMMARY 2. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2018 Country Reports on Human Rights Practices: Malawi (Mar. 13, 2019), available at: https://www.state.gov/wp-content/uploads/2019/03/Malawi-2018.pdf. • “Societal discrimination against persons with HIV/AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.” (p. 22) • “The 2012 People Living with HIV Stigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reported having been verbally insulted, harassed, and threatened (35.1 percent) and excluded from social gatherings (33.7 percent).” (p. 22-23) 3. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2017 Country Reports on Human Rights Practices: Malawi (Apr. 20, 2018), available at: https://www.state.gov/wp-content/uploads/2019/01/Malawi.pdf. • “Societal discrimination against persons with HIV/AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent regarding their health conditions rather than seek help and risk being ostracized. The National AIDS Commission maintained that discrimination was a problem in both the public and private sectors.” (p. 21) • “The 2012 People Living with HIV Stigma Index for Malawi indicated that of 2,272 persons with HIV interviewed, significant percentages reported having been verbally insulted, harassed, and threatened (35.1 percent) and excluded from social gatherings (33.7 percent).” (p. 21) 4. United Kingdom: Home Office, Excerpt of Country Background Note: Malawi (Oct. 27, 2020), available at: https://www.gov.uk/government/publications/malawi-country- policy-and-information-notes. • “Punitive legal environments constitute a significant barrier to guaranteeing access to sexual health treatment and services for gay and bisexual men and other MSM [men who have sex with men]. The combination of stigma and discrimination based on sexual orientation and gender identity in a criminalized context creates an environment in which these groups of people are deterred from or fearful of seeking preventing, testing, and treatment services. Those whose sexually transmitted infections (STIs) go untreated are at increased risk not only of developing complications, but also of contracting HIV; and those who face barriers accessing HIV testing and treatment due to stigma and discrimination are more likely to die of AIDS.” (p. 40) TAB SUMMARY 5. United Kingdom: Home Office, Country Policy and Information Note – Malawi: Sexual Orientation and Gender Identity (Feb. 20, 2017), available at: https://www.refworld.org/publisher,UKHO,,MWI,58aefab44,0.html. • “Societal discrimination against persons with HIV/AIDS remained a problem, especially in rural areas. Many individuals preferred to keep silent about their health conditions rather than seek help and risk being ostracized.” (p. 18) INTER-GOVERNMENTAL SOURCES 6. United Nations General Assembly, Organization of American States, Compilation prepared by the Office of the United Nations High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1 and paragraph 5 of the annex to Council, Malawi (Feb. 23, 2015), available at: https://documents-dds- ny.un.org/doc/UNDOC/GEN/G15/034/40/PDF/G1503440.pdf?OpenElement. • “UNCT stated that women’s experience of HIV and AIDS attenuated gender disparities and affected women’s roles at home and work and in society. The psychosocial and socioeconomic dimensions of HIV and AIDS were different for women and men because of women’s unequal status in the community. Gender inequality was a key variable in the high incidence of HIV and AIDS transmission among women. Vulnerability to HIV and AIDS was increased by a lack of respect for women’s sexual and reproductive health rights. Women’s subordinate position in society restricted the possibilities for women to take control of their lives to combat HIV and AIDS, leave a high-risk relationship or have adequate access to quality health care.” (p. 6) • “HR Committee was concerned that the draft bill on HIV/AIDS contained provisions which were not in conformity with ICCPR [(International Covenant on Civil and Political Rights)], such as those allowing a health service provider to disclose a person’s HIV status and providing for compulsory testing in certain circumstances. It stated that Malawi should review the draft bill on HIV/AIDS to ensure full compliance with ICCPR and international standards, despite its adoption.” (p. 6) NON-GOVERNMENTAL SOURCES 7. Avert, HIV and AIDS in Malawi (Aug. 25, 2020), available at: https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/malawi. • “A report by Human Rights Watch in which 45 lesbian, gay, bisexual and transgender (LGBT) people were interviewed found evidence of routine discrimination and stigma in healthcare settings, coupled with high levels of TAB SUMMARY abuse and violence in everyday life, meant many LGBT people did not seek HIV services and treatment.” (p. 12) • “Sex workers living with HIV [in Malawi] have also reported being denied access to loans, bank accounts, property and social services due to their HIV status.” (p. 5) • “In Malawi, the law protects civil society, although government intimidation and policing sometimes impede activism and the work of civil society organisations (CSOs). Fears exist that the independence of CSOs will be further eroded by the restrictive 2017 NGO (Amendment) Bill.” (p. 10) 8. UNAIDS, “Be the change”: Creating a voice for Male Sex Workers in Malawi (May 2, 2019), available at: https://www.unaids.org/en/resources/presscentre/featurestories/2019/may/20190527_mal e-sex-workers-malawi. • “Mr Mitha is keenly aware of the many challenges that face male sex workers, having faced them himself. ‘In Malawi, sex work is not recognized as work, so there are no laws to protect sex workers. Also, most of our male sex workers are gay men or men who have sex with men, so they live in fear of arrest because homosexuality is illegal in Malawi,’ he said.” (p. 2) • “‘Stigma and discrimination is institutional,’ he said. ‘Male sex workers are not recognized as a key population in the HIV response in Malawi, so we are not prioritized in government plans. And negative attitudes from health-care workers push us away from care.’” (p. 2) 9. Human Rights Watch, Excerpt of “Let Posterity Judge”: Violence and Discrimination Against LGBT People in Malawi (Oct. 2018), available at: https://www.hrw.org/sites/default/files/report_pdf/malawi1018_lgbt_web2.pdf. • “Although HIV prevalence is high amongst MSM [men who have sex with men], criminal law prevents health services from meeting their particular needs . MSM are still afraid of the discriminatory laws and this affects their visibility and ability to access the health services.” (p. 28) 10. Mercy Pindani, Makhubela Nkondo, Alfred Maluwa, Sadandaula Maheriwa, Stigma and Discrimination against People Living with HIV and Aids in Malawi, World Journal of AIDS (June 2014), available at: https://www.researchgate.net/publication/276003295_Stigma_and_Discrimination_again st_People_Living_with_HIV_and_AIDS_in_Malawi. • “Stigma remains the single most important barrier to public action. AIDS related stigma refers to the prejudice and discrimination directed at people living with TAB SUMMARY HIV and AIDS and the groups and communities that they are associated with. It causes people living with HIV and AIDS to be rejected from their community, shunned, discriminated against or even get physically hurt. Research evidence shows that some HIV and AIDS patients face some kind of stigma and discrimination. Stigma when directed at PLWHA [people living with HIV and AIDS] complicates the fight against HIV and AIDS because when stigmatized the PLWHA have difficulties to cope with the illness at a personal level.” (p. 124) • “HIV and AIDS infected members of the family can find themselves facing a lot of challenges including stigma and discrimination within the home.” (p. 124) • “A 32-year-old female participant had this to share: ‘Stigma and discrimination is the biggest problem that we face in the villages. When people discover that you are HIV positive, they avoid you and shun from you. Sometimes even when you call them they reply saying that they are not around… they have gone away… when in actual fact, they are available but they just do not want to be associated with you anymore’.” (p. 126) • “‘My relatives stigmatize me, especially those from a distant relationship. They do not give me any assistance. When they see members of the CHBC team coming to my house, they take advantage and laugh at me for having HIV and AIDS’.
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