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Uasin Gishu County Dialogue Forum on HIV, Human Rights and the Law

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Uasin Gishu County Dialogue Forum on HIV, Human Rights and the Law UASIN GISHU COUNTY DIALOGUE FORUM ON HIV, HUMAN RIGHTS AND THE LAW HELD IN UASIN GISHU COUNTY 15 AUGUST, 2014 www.kelinkenya.org CONTENTS List of Abbreviations and Acronym 4 1.0 Executive Summary 5 2.0 Introduction and Participants Expectations 6 3.0 Objectives of the Forum 6 4.0 Methodology 6 5.0 Introduction of KELIN and climate setting 7 6.0 Setting the Scene 7 7.0 Discussions on issues – 8 Melba Katindi, KELIN i) TB and Stigma Caused by Incarceration of Defaulters - ii) Criminalization of Deliberate HIV Transmission iii) HIV and Disability iv) Uptake of HIV services in the County v) Profiling the Legal and Human Rights Issues Affecting the HIV Response- 9 Ted Wandera, KELIN 8.0 Comments by Duty Bearers 10 Closing Remarks 11 Conclusion and Recommendations Annexes 12 Annexure 1 Program Annexure 2 List of Participants 13 TRAINING OF LAWYERS FROM NAKURU AND UASHIN GISHHU COUNTIESON HIV, HUMAN RIGHTS AND THE LAW 3 ABBREVIATIONS EXECUTIVE SUMMARY ADR Alternative Dispute Resolution AIDS Acquired Immuno-deficiency Syndrome ARV Anti Retro Viral CBO Community Based Organizations HAPCA HIV and AIDS Prevention and Control Act, 2006 HIV Human Immuno-¬deficiency virus KANCO Kenya AIDS NGO Consortium LACE Legal Aid Centre NASCOP National NEPHAK National Empowerment Network of People Living with HIV and AIDS in Kenya NGO Non-Governmental Organization PLHIV Persons Living with HIV TB Tuberculosis 4 LEGAL AID CLINIC REPORT IN UASHIN GISHU COUNTY EXECUTIVE SUMMARY KELIN has been conducting training workshops on HIV, 1. Exploring a suitable community model for TB human rights and the law with lawyers, health care workers management that looks at the underlying factors of and persons living with HIV. It has carried out awareness treatment default as opposed to imprisonment, in the initiatives in collaboration with media in various counties absence of a proper isolation facility. around the country. As a follow up on recommendations from these activities, KELIN, with the support of AIDS Fonds 2. Need for dialogue with national policy makers and law and working closely with NEPHAK and AMPATH (LACE), enforcement agencies to ensure laws are not enforced in organized half day county dialogue forums, whose objectives a way that negatively impacts the rights of TB patients, were to bring together county officials and key stakeholders PLHIV and key populations. working on HIV, to discuss key issues around HIV, human 3. Need for civic education that will include awareness rights and the law affecting the county’s HIV response. The aim was to explore opportunities available for collaborative on basic health issues, human rights and sensitization action. of county policies, laws and opportunities for public participation, The Uasin Gishu County Dialogue Forum was held on 4. Involvement of stakeholders in setting out county 15 August 2014 at the Horizon Hotel, in Eldoret town. It priorities and the development of county budgets and brought together 34 participants, including members of relevant legislation. the county assembly committee on health, judicial officers, law enforcement officers, the prison department, health It was agreed that the stakeholders would work closely with care workers, pro-bono lawyers, people living with HIV and one another to create interventions to avert new infections, members of key populations. The forum provided a unique in addition to policies ensuring the best care is available for opportunity for stakeholders to participate in an open and those living with and affected by HIV and TB. In particular, free discussion on HIV, human rights and the law. Among the awareness campaigns and the development of the county issues discussed were challenges, opportunities and the way Health Bill were identified as milestones in addressing health forward in regard to effective HIV responses, in the context of matters within the county. Members of the County Assembly the current legal environment. applauded the timeliness, in light of the on-going budgeting process. They undertook to put into consideration the key This dialogue was necessitated by the fact that the full issues identified in allocating resources, and welcomed enjoyment of human rights is necessary to enable individuals submissions to facilitate informed debate and decision and communities to effectively respond to HIV, to reduce making by the assembly. vulnerability to HIV infection and to lessen the adverse impact of HIV on those affected. The dialogue offered a unique The meeting ended with stakeholders calling for KELIN’s opportunity for the county government to interact with other support in ensuring follow-up on the commitments made by stakeholders to identify critical areas that require immediate the various stakeholders. attention, due to the recent devolution of the provision of health services. Areas identified as in immediate need were: LEGAL AID CLINIC REPORT IN UASHIN GISHU COUNTY 5 INTRODUCTION AND PARTICIPANTS EXPECTATIONS A brief introduction by the participants established representation by the following stakeholders: policy makers, law enforcement officers, representatives from the judiciary, NGOs, health care workers and representatives of PLHIV. OBJECTIVES OF THE FORUM The half-day dialogue forum sought to achieve the following objectives: 1. To provide a platform for open discussion between county officials and the relevant stakeholders working on HIV issues SETTING THE SCENE affecting PLHIV, including women and children, as well as key and affected populations in Uasin Gishu County. 2. To provide a platform for partnership building among the different stakeholders for promotion of a rights-based multi- sectoral county response to HIV. METHODOLOGY The county forum took the form of a town hall discussion. Stakeholders had an opportunity to discuss stigma and discrimination, and its impact on HIV prevention and treatment services, punitive laws and policies that hinder access to HIV services for high- risk populations. The political commitment to condemning HIV-related stigma and the mobilization of resources to increase and sustain the county HIV response was also discussed. 6 LEGAL AID CLINIC REPORT IN UASHIN GISHU COUNTY INTRODUCTION OF KELIN AND CLIMATE SETTING Ms. Katindi, Program Officer KELIN, officially introduced KELIN and highlighted the various programs and interventions that the organization has been engaged in over the years, with an emphasis on the various activities in Uasin Gishu County. KELIN had undertaken similar county forums in ……KELIN is a human rights NGO working to protect and promote HIV–related human rights in Kenya. KELIN provides legal services and support, undertakes capacity building for professionals and communities on human rights, advocates for policies promoting a rights-based approach and laws that are people-centered, conducts research for evidence-informed programming. She explained that the interventions in Uasin Gishu County were informed by findings of a “Study on Human Rights Violations against People Living with HIV and AIDS in Kenya” , which revealed high levels of human rights violations against PLHIV, and concerns over their impact on the HIV response. She further explained that the identification of the stakeholders and the agenda was informed by recommendations from the activities undertaken, in the county and was largely undertaken by local partners based in the county. SETTING THE SCENE Experiences of PLHIV in Uasin Gishu County; Gladys Langat-NEPHAK Gladys formally introduced NEPHAK and highlighted that the organization deals with PLHIV through support groups, CBO’s, NGO’s and other networks. She indicated that NEPHAK’s vision is to have a HIV and TB free society through meaningful empowerment of PLHIV in the national response to HIV. NEPHAK also works to improve the lives of PLHIV by addressing stigma and discrimination, protection of legal and human rights of PLHIV and TB patients, ensuring communities have access to HIV and TB prevention services, ensuring the rights of PLHIV to privacy and confidentiality are respected. The speaker concluded by stating that NEPHAK’s position is that TB patients who do not adhere to treatment should be educated and not imprisoned. LEGAL AID CLINIC REPORT IN UASHIN GISHU COUNTY 7 DISCUSSIONS ON ISSUES Melba Katindi, KELIN Criminalization of Deliberate HIV Transmission TB and Stigma Caused by Incarceration of Defaulters - Melba shared the Uasin Gishu HIV profile by National AIDS control Council which indicates that only 14% of people Ms. Katindi initiated a discussion on TB and punishment in Uasin Gishu County had been tested as at 2011. She meted out on TB drug defaulters. A participant stated that added that it would therefore, be difficult for a person to TB drugs have serious side effects and many patients may come before a court and argue another has put him or her default because of this. It’s important to investigate reasons at risk. Of the 14% tested only 79% of them went back for for defaulting before recommending incarceration. Some treatment. Melba raised concern about measures put in patients who display TB symptoms refuse to get tested place to encourage voluntary testing, uptake of prevention and seek treatment because they are apprehensive of the and treatment interventions and the Uasin Gishu county’s provisions of the Public Health Act that provide for the commitment to put everyone who qualifies on treatment. incarceration of TB defaulters. He opined that to better Discussions were against mandatory testing and focused deal with the disease, it
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