2 HIV/AIDS and human rights in SADC SWAZILAND ISBN 0-620-293223-3 ISBN reserved. rights All authors. and Pretoria of byUniversity ©2004 Copyright Foundation. Society Open Funders: Pretoria. of Law, University of Faculty Viljoen, Frans Professor Series advisor: Zuberi. Farhana and Hamilton Robin Editors: Swaziland. of Court High the of Attorney (Swaziland), Law, LLB BA Gumedze, Sabelo Volume authors: of Pretoria). LLD (University candidate of Pretoria), LLM (University Louw,Lirette LLB (UFS), Series author: Pretoria. of University Rights, Human for Centre the and AIDS of Study the for Centre Commissioning publishers: Swaziland in rights human and HIV/AIDS Volume title: SADC in rights human and HIV/AIDS Series title: Website: www.up.ac.za/chr Website: [email protected] E-mail: +27 (12) 362 5125Fax: +273034 Tel: (12) 420 Africa South 0002 Pretoria Pretoria of University Centre forHumanRights,UniversityofPretoria www.csa.za.org Website: [email protected] E-mail: 4395 (12) +27 420 Fax: 4391 (12) +27 420 Tel: Africa South 0002 Pretoria Pretoria of University Centre fortheStudyof AIDS CONTENTS
1 Introduction 4 4.1.3 Domestication of international and regional 4.5 Labour rights 23 human rights treaties 19 4.5.1 HIV/AIDS in the workplace 23 2 Background to country 5 4.2 HIV/AIDS specific regulations 19 4.5.2 HIV/AIDS and medical schemes 23 2.1 Geographical size and population 5 4.2.1 Litigation on HIV/AIDS and human rights 4.5.3 Insurance and HIV/AIDS 24 HIV/AIDS and human rights in SADC SWAZILAND 2.2 First reported instances of HIV infection 5 within domestic courts 19 4.6 Gender rights 24 3 2.3 HIV prevalence rate 6 4.2.2 National legislation that address (directly 4.6.1 Legal status of women and the role of 2.4 AIDS deaths in adults and children in 2001 7 or indirectly) issues in relation to HIV/ cultural practices 24 2.5 Number of HIV/AIDS orphans (up to 14) by end AIDS 19 4.6.2 Legislation and policies protecting women of 2001 7 4.2.3 HIV/AIDS Policies, guidelines and and the most vulnerable in society 24 programmes 19 4.6.3 Administering ARV’s to rape survivors 25 3 Overview of applicable international, 4.2.4 Domestic incorporation of the 4.6.4 Commercial sex workers 25 regional and SADC legal norms 8 International Guidelines on HIV/AIDS and 4.6.5 Homosexuality and HIV/AIDS 25 3.1 Applicable international legal norms 8 Human Rights 20 4.7 Children’s rights 25 3.2 State reporting 13 4.2.5 HIV/AIDS within the government’s social 4.7.1 Health care, orphans and HIV/AIDS 25 3.3 Applicable regional legal norms 13 assistance plan 20 4.7.2 HIV/AIDS and the educational system 26 3.4 SADC framework for addressing HIV/AIDS 15 4.3 Health sector 20 4.8 Criminal law and HIV/AIDS 26 3.5 Relevant OAU resolutions on HIV/AIDS 16 4.3.1 HIV/AIDS and the right of access to health 4.9 HIV/AIDS and prisons 26 3.6 International guidelines on HIV/AIDS and human care 20 rights 16 4.3.2 HIV testing, notification and confidentiality 20 5 Conclusion and recommendations 27 4.3.3 Patients’ rights 21 4 Legal framework for the protection of HIV/ 4.3.4 Access to essential HIV/AIDS drugs 21 6 Bibliography 29 AIDS and human rights in Swaziland 18 4.3.5 Medical trials on human subjects 22 4.1 National legal system: General background 18 4.3.6 Condoms 22 Annexure: HIV/AIDS and human rights in SADC 4.1.1 The form of government and the domestic 4.4 Equality and non-discrimination 22 – summary of findings 30 legal system within the country 18 4.4.1 The Constitution and the right to equality 4.1.2 Human rights provisions within the and non-discrimination 22 National HIV/AIDS Strategic Framework 4.4.2 Specialised legislation on equality and non- and the National HIV/AIDS Policy 18 discrimination 22 1. INTRODUCTION
This country report on HIV/AIDS and human rights in Swaziland is the result of a one-year those human rights in the context of HIV/AIDS that are already protected within their coun- joint project between the Centre for the Study of AIDS and the Centre for Human Rights, tries; secondly, to be able to identify areas where there is a gap and a need to lobby for both based at the University of Pretoria, South Africa. The research project was made pos- change; and finally, to initiate change in an effort to move towards a rights-based approach to sible through funds provided by the Open Society Foundation. This report is one of a series HIV/AIDS. HIV/AIDS and human rights in SADC SWAZILAND 4 of eight reports focusing on HIV/AIDS and human rights in the following countries within the Southern African Development Community (SADC): Botswana, Malawi, Mozambique, Namibia, This report is a summary of national HIV/AIDS policies, strategic frameworks, legislation, guide- South Africa, Swaziland, Zambia and Zimbabwe. These countries have some of the highest and lines and court cases in Swaziland as they relate to HIV/AIDS and human rights. A national fastest growing rates of HIV/AIDS infection in the world, with the number of reported cases consultant in Swaziland collected the relevant documents, answered a questionnaire that was of HIV infection having tripled since the mid-1980s. developed to structure the research, and commented on the final report.3 This report begins by briefly sketching the HIV/AIDS background for SADC and Swaziland, through listing some This research project was inspired by the need to develop a new approach to the HIV/AIDS critical statistics. The report then provides an analysis of the most important international, epidemic in the SADC, an approach that is rights-based and that guarantees basic human rights regional and SADC principles for HIV/AIDS and human rights, providing an overall framework to all people living with or affected by HIV/AIDS in the region. The study was guided by the against which the country report should be seen. The country report is a summary of the legal document HIV/AIDS and Human Rights – International Guidelines1 of 1996, adopted by UNAIDS and policy framework for the protection of the human rights of those living with or affected and the Office of the United Nations High Commissioner for Human Rights. The Foreword by HIV/AIDS in Swaziland, and addresses areas such as labour, health, gender, children, pris- of these Guidelines declares: ons and criminal law. This is followed by a concluding chapter with some recommendations regarding moving towards a rights-based approach to HIV/AIDS in the SADC. “In the context of HIV/AIDS, an environment in which human rights are respected ensures that vulnerability to HIV/AIDS is reduced, those infected with and affected It needs to be emphasised that this study focuses on the legal framework alone and does not by HIV/AIDS live a life of dignity without discrimination and the personal and societal set out to establish empirically the extent to which the respective governments are implement- impact of HIV infection is alleviated.”2 ing the provisions in place – that is beyond the scope of this study and will require further research. Furthermore, while all efforts have been made to ensure that the information pre- The aim of this research report, within the SADC HIV/AIDS Framework for 2000-2004, is to as- sented is reliable and up-to-date as at the end of 2003, the study’s authors do not accept any sist decision-makers to make informed policy choices for individual SADC countries. It is also responsibility for any errors or omissions in the country reports. intended for legislators, the judiciary, members of non-governmental organisations and people living with or affected by HIV/AIDS. All of these groups need: firstly, to be informed about
1 Available at: http://www.unhchr.ch/hiv/guidelines.htm 3 Sabelo Gumedze, BA Law, LLB (Swaziland), Attorney of the High Court of Swaziland. 2 The Foreword was written by Peter Piot, Executive Director of UNAIDS, and Mary Robinson, the former United Nations High Com- missioner for Human Rights. 2. BACKGROUND 6 According to the to 6 According from Data 5 UNAIDS 4 km 590 801 Namibia Mozambique Malawi Geographicalsize The following two tables illustrate the size and population of the SADC countries in this study: 2.1 Geographical size and population highlighted. Swaziland for statistics the with countries, on SADC all the information statistical provide below The tables 000. 450 about 30%.” exceeding possible, thought than higher risen has prevalence HIV adult national “the where epidemics”, “rampant with dealing as UNAIDS by described SADC in countries four of one is Swaziland UNICEF and WHO. Available at http://unaids.org/hivaidsinfo/statistics/fact_sheets/all_countries_en.html#N. at Available WHO. and UNICEF Botswana Fact Sheet 2002 ‘Sub-Saharan Africa ‘Sub-Saharan 2002 Sheet Fact Africa Fact Sheet Fact Africa Epidemiological Fact Sheets on HIV/AIDS and Sexually Transmitted Infections Transmitted Sexually and HIV/AIDS on Sheets Fact Epidemiological 4 Swaziland has an adult HIV prevalence of 33,4%, in an adult population of of population adult an in 33,4%, of prevalence HIV adult an has Swaziland , published by African Institute of South Africa, July 1997. July Africa, South of Institute African by , published 824 268 km 824 268 581 730 km 581 730 118 km 484 ,’ available at: http://www.unaids.org/worldaidsday/2002/press/index.html#facts. at: ,’ available 2 2 2 2 South Africa 1 220 088 km 088 1220 Africa South Zimbabwe Zimbabwe Zambia Zambia
wzln 17 365 Swaziland (Update 2002), compiled by UNAIDS, UNAIDS, by compiled 2002), (Update 390 759 km 390 752 614 km km 2 2 2 2
5 Country Populationsize 9 Reported in the the in Reported 9 the in UNAIDS by 1985. Reported in 8 case HIV/AIDS first the documented Gaborone in Hospital Marina Princess in Doctors 7 Zimbabwe Zambia Swaziland Africa South Namibia Mozambique Malawi Country instances First infection of reported HIV 2.2 Zimbabwe Zambia Swaziland Africa South Namibia Mozambique Malawi Botswana Botswana 9
8
7
National HIV/AIDS/STD/TB Policy Policy HIV/AIDS/STD/TB National International Partnership against AIDS in Africa - Namibia Country Visit Repor Visit Country -Namibia Africa in AIDS against Partnership International is eotn er Numberofcases First reporting year published in October 2001 by the Zambian Ministry of Health. of Ministry Zambian the by 2001 October in published Total 18 644 000 000 18 644 43 792 000 000 43 792 10 649 000 000 10 649 12 652 000 12 652000 11 000 572 1 788 000 000 1 788 1 564 000 000 1 564 933 000 933 000 population 1987 1984 1984 1986 1986 1986 1986 1985 1985 1985 1985 1982 1987
6 Adult t, 23 666 000 666 23 1 May-4 June 1999. 1999. June 1May-4 5 972 000 5 972 4 740 000 5 118 000 8 511 000 450 000 450 820 000 820 762 000 population 119 17 1 1 3 1 2 1
5 HIV/AIDS and human rights in SADC SWAZILAND 6 HIV/AIDS and human rights in SADC SWAZILAND 11 Available at: http://www.unaids.org/hivaidsinfo/statistics/fact_sheets/all_countries_en.html#N. The methodology used in updating updating in used methodology The http://www.unaids.org/hivaidsinfo/statistics/fact_sheets/all_countries_en.html#N. at: 11 Available 10 are fromThe estimates the aba 0 0 10000 15 6000 150 000 000 240 14 000 000 690 000 000 30 1200 000 89 000 65 000 250 33,7% 110 21,5% 000 000 80 000 2000 000 000 440 1000 000 2700 33,4% 22,5% 000 630 150 000 000 2300 000 1200 20,1% 15% 000 200 Zimbabwe 000 4700 13% 170 000 000 780 Zambia 000 230 000 5000 Swaziland 000 1000 Africa South 000 850 Namibia 000 1100 Mozambique Malawi PopulationwithAIDS Update 2002 Infections, pro Transmitted Sexually AIDS national with collaboration close in grammes. works which Surveillance, STI and HIV/ AIDS Global on Group Working UNAIDS/WHO the by provided are figures following The prevalence HIV 2.3 rates osaa 3 0 3000 99 1000 28000 170000 39,9% 300000 333000 Botswana Country HIV/AIDS surveillance in various populations. A methodology developed in collaboration with an international group of experts was was experts of in group trends international an recent with and 1999 collaboration and in 1997 developed for methodology A estimates populations. published various in previously surveillance the on HIV/AIDS based people are of estimates calculations current These recalculate to HIV/AIDS. with institutions living research and governments national with closely worked WHO and UNAIDS of 2002, quarter first the during and 2001 “In as follows: publication in the is summarised estimates country-specific these compiling and http://www.unaids.org/barcelona/presskit/barcelona%20report/annex1.html. 1at Annexure see estimates, country-specific the used to produce methodology of the general description For a detailed surveillance. of Most sentinel are the data from available. routine data ofthe reliability theon depending estimates, allto applies on ofuncertainty Ameasure Group Projections. and Modelling Reference Estimates, UNAIDS HIV/AIDS the from advice on draw UNAIDS/WHO by produced estimates The barcelona%20reports/table.html. 10 10
Statistics are also obtained from the the from obtained also are Statistics Adults and hlrn 1-9yas () 1-9yas (0-14years) (15-49years) (%) (15-49years) children Table of Country-specific HIV/AIDS Estimates and End Data, 2001 Estimates HIV/AIDS Table of Country-specific Adults , issued by UNAIDS, UNICEF and the WHO. the and UNICEF byUNAIDS, , issued Epidemiological Fact Sheets on HIV/AIDS and and HIV/AIDS on Sheets Fact Epidemiological Adults , at available www.unaids.org/barcelona/presskit/ Women Children 11 - 14 Ibid, par 1.2.4. 14 par Ibid, 13 Community Development African 12 Southern 51 805 Zimbabwe remained 1984 1964 and 161 between 056. rate tuberculosis average The Zambia 52% areas: urban major outside Shepstone) (Port site sentinel 10 One 497 Africa South 570 22 Unknown Namibia Mozambique Malawi Malawi Botswana Country onr TBprevalence fortheyear2000(unlessotherwisestated) Country Tuberculosis Zimbabwe Zambia Swaziland Africa South Namibia Mozambique wzln 2143 Swaziland 8649 Botswana HIV prevalence ratesinyoungpeopleaged15-24years National HIV/AIDS/STD/TB Policy HIV/AIDS/STD/TB National more collect and surveillance their improve information.” countries as revised being constantly are a use estimates these they However, Rather, countries. individual infections. in of epidemic of the count magnitude of the exact indication a give good an which be estimates to in producing claim accurate proved far not thus has do that methodology estimates current The epidemics. generalised or low-level, with concentrated in countries prevalence HIV estimate to used were infected approaches children of HIV. Different of number the transmission as well as mother-to-child deaths, through AIDS and HIV of incidence and prevalence on estimates new the calculate to used
(TB)infectionrates increased mortality rate of TB patients on treatment by over 15%. byover treatment on patients TB of rate mortality increased the dramatically to nearly five-fold to over 500 per 100 people000 due to increased infections TB of rate The people. 000 100 per 100 at constant minimum, 52% median, 52% maximum. maximum. 52% median, 52% minimum, o siae ihetmt Lwetmt Highestimate Lowestimate High estimate Low estimate impact of HIV/AIDS in 1996. in HIV/AIDS of impact published in October 2001 by the Ministry of Health of the Republic of Zambia. See par 1.2.3. par See Zambia. of Republic the of Health of Ministry the by 2001 October in published 1 2 15% 73% 21% 18,27% 12,18% 47,38% 31,59% 26,40% 10,56% 18,78% 18,78% 10,56% 16,78% 26,18% 6,45% 6,45% 26,18% 16,78% 20,51% 30,76% 8,53% 12,79% 12,79% 8,53% 30,76% 20,51% 99% 49% 28% 19,29% 12,86% 44,98% 29,99% 94% 91% ,8 13,32% 8,88% 29,15% 19,43% 11,91% 17,87% 5,08% 5,08% 17,87% 11,91% Health Annual Progress Report Report Progress Annual Health Female
39,61% 1 3 TB co-infection has resulted in an an in resulted has co-infection TB 2000-2001. 4,41% ,% 14,86% 9,9% Male 9,68% 1 7,84% 7,62% 4 Namibia Namibia Mozambique Malawi Botswana 31,0% 70,7% 13,0% 5,2% deaths AIDS in adults2.4 and children in 2001 33,2% 13,0% 2000 1998 29,7% 32,5% 41,0% 33,5% 30,7% 11,2% 27,0% years. 6,6% 25-29 aged women amongst recorded was infection 30,0% HIV of prevalence highest the 30,7% 34,5% 22,9% 35,8% 17,3% 31,1% 31,2% 30,7% 2000 According to the 2000 4,5% 2000 2000 4,0% 32,3% 2001 36,2% 16,1% 50,9% 31,0% 32,3% 10,6% Zimbabwe 25,8% 32,3% 8,7% 2001 28,2% 2000 2000 34,8% Zambia 29,6% 24,3% 28,5% 15,7% 2001 Swaziland 18,6% 2000 2000 13,0% 20,1% 55,8% Africa South 14,4% 39,1% 2001 Namibia 2000 44,9% Mozambique 2001 Malawi Botswana HIVprevalence inantenatal Country Numberofpregnant motherswhoare HIVpositive 2002 Epidemiological and Fact Sheets TransmittedonSexually HIV/AIDS Infections er ein i Mx er ein i Max Min Median Year Max Min Median Year lnc nubnaes() clinicsoutsidemajorurban clinics inurbanareas (%) 80 000 000 80 60 000 000 60 26 000 000 26 13 000 13 000
South Africa 360 000 360 Africa South Zimbabwe Zimbabwe Zambia Swaziland Swaziland HIV prevalence inantenatal areas (%) 200 000 200 120 000 12 000 , Malawi Malawi 2.5 Number of orphans HIV/AIDS to 14 (up years) by end of Mozambique 420 000 000 420 Namibia Mozambique Botswana Botswana 2001 470 000 470 000 69 000 69 000 47 000 47 000 South Africa 660 000 660 Africa South Zimbabwe Zimbabwe Zambia Zambia Swaziland Swaziland 780 000 780 570 000 35 000 35
7 HIV/AIDS and human rights in SADC SWAZILAND 3. OVERVIEW OF APPLICABLE INTERNATIONAL, REGIONAL AND SADC LEGAL NORMS
This section examines the international, regional and SADC framework for the protection 3.1 Applicable international legal norms of human rights, as it relates to HIV/AIDS, to form the backdrop against which the national HIV/AIDS and human rights in SADC SWAZILAND framework of Swaziland should be considered. The international and regional human rights There are no HIV/AIDS-specific treaties within the international legal framework. The Inter- 8 treaties examined do not include any HIV/AIDS-specific provisions. Nevertheless, a number national Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, of articles can be highlighted in the various treaties as they indirectly impact on people living Social and Cultural Rights (ICESCR) both came into force in 1976, about four years before the with HIV/AIDS or their families. For instance, the International Covenant on Economic, Social first HIV/AIDS case was documented. Nevertheless, specific provisions of these treaties may and Cultural Rights (ICESCR) affirms that state parties to the Covenant should recognise the be applied to various legal situations affecting people living with or affected by HIV/AIDS. The right of everyone to the enjoyment of the highest attainable standard of physical and mental Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is similar, health.15 The Covenant then continues that state parties, in order to achieve this right, should having been adopted in the early days of the epidemic. The Convention on the Rights of the Child prevent, treat and control epidemic, endemic, occupational and other diseases.16 These provi- (CRC), however, was adopted in 1989, nearly ten years after the first reported case of HIV/ sions would clearly apply to HIV/AIDS. AIDS. The fact that in the CRC no mention is made of HIV/AIDS with respect to children can be viewed as a missed opportunity to develop policy for this vulnerable group. This section also briefly summarises the state reports submitted by Swaziland in terms of its obligations under the various treaties that it has ratified, with a specific focus on HIV/AIDS The status of these treaties is as follows (all dates denote ratification or accession, except reporting and recommendations made by the treaty monitoring bodies in relation to HIV/ when marked with ‘s,’ in which case the treaty has only been signed by the state party):18 AIDS.17 Country ICCPR ICCPR First ICESCR CEDAW CEDAW CRC Finally, SADC and Organisation of African Unity (OAU)/African Union (AU) HIV/AIDS instruments Optional Optional and policies are discussed, followed by a short discussion on HIV/AIDS and Human Rights Protocol Protocol – International Guidelines, issued by UNAIDS and the Office of the United Nations High Com- Botswana 08/01/2000 12/09/1996 13/04/1995 missioner for Human Rights. Malawi 22/03/1994 11/09/1996 22/03/1994 11/04/1987 7/09/2000s 01/02/1991 Mozambique 21/10/1993 16/05/1997 26/05/1994 Namibia 28/02/1995 28/02/1995 28/02/1995 23/12/1992 22/12/2000 30/10/1990
15 Article 12(1) of the ICESCR years. Unfortunately, most African states are behind in submitting reports internationally and regionally. 16 Article 12(2)(c). 18 Status of ratification of international human rights treaties as of 02 November 2003 provided by the Office of the United Nations High 17 State reporting is a useful tool to monitor a state party’s progress in implementing the various provisions of a treaty. Usually, states Commissioner for Human Rights. Available at www.unhchr.ch/pdf/report.pdf. Date accessed: 24 November 2003. submit a report shortly after ratifying a treaty (initial report) and thereafter the state must report to the monitoring body every two To(b) ensure that any person claiming such a remedy shall have his right determined thereto violated are recognised herein as freedoms or rights whose person any that To ensure (a) undertakes: Covenant present the to Party State Each (3) in all to ensure to and respect to undertakes Covenant present the to Party State (1) Each • International CovenantonCivilandPoliticalRights(ICCPR) are HIV/AIDS for relevant below. described particularly are that treaties selected the in provisions Various case. the been seldom has this that Four Section in clear become will it 11/10/1990 However, legislation. domestic into rights the treaty and to incorporate obligations their fulfil laws to national to draft – can – and legislators should guide treaties These countries. specific of systems legal domestic the on impact have a direct not do treaties international general, In 12/06/1991 Observations. Concluding 13/08/1991 issue and reports state the examine turn in Treaty bodies form. in this report to compulsory not is it but to of HIV/AIDS, issue state the address the by taken measures of details include may reports These treaties. the of terms in established are that bodies monitoring treaty various the to reports submit parties States 13/08/1991 Zimbabwe 03/10/1994 28/11/2002 10/03/1999 Swaziland Africa South aba 00/94 00/94 00/94 10/95 05/01/1992 21/07/1985 10/07/1984 10/07/1984 10/07/1984 Zambia onr ICCPR Country persons acting in an official capacity; official an in acting by persons committed been has violation the that notwithstanding remedy, effective an have shall status. other or birth property, origin, social or national opinion, other or Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political dividuals within its and territory subject to its jurisdiction the rights recognised in the present 2 Article : rtcl Protocol Optional ICCPR First
ICESCR
s
40/96 16/07/1995 14/01/1996 CEDAW Protocol
O CEDAW ptional 06/10/1995 CRC - • • granted. when remedies such enforce shall (c) authorities competent To that ensure • First OptionalProtocoltothe InternationalCovenantonCivilandPoliticalRights • • • • attacks. or interference such against law the of protection to right the has Everyone (2) family, privacy, his with interference unlawful or arbitrary to subjected be shall one (1)No • • Article 6 Article remedy; judicial of possibilities the develop to and State, the of system legal the by for provided authority competent other any by or authorities, legislative or administrative judicial, competent by Party of any of the rights set forth in the Covenant. No communication shall be received received be shall communication No Covenant. the State in forth that set by rights the of violation any of a Party of victims be to claim who jurisdiction its to subject individuals from communications consider and receive to Committee the of competence the ognises 1 Article status. other or birth property, origin, social or national opinion, other or political religion, language, sex, colour, race, any as on such ground discrimination against protection effective and equal persons all to guarantee and discrimination any prohibit shall law the respect, law. this In the of protection equal the to 26 Article State. the and society family, his of part aminor, the as on status byhis required are as the right to ofsuch measures protection or birth, or national religion, property social origin, Article 24 22 Article his of media other any through choice. or art, of form the in print, in or writing in orally either freedom to seek, receive and information impart and ideas of all kinds, regardless of frontiers, 19 Article reputation. and honour his on attacks unlawful to nor correspondence, or home 17 Article experimentation. ment. In particular, no one shall be subjected without his free consent to medical or scientific 7 Article life. his of deprived arbitrarily be shall by law.one No : A State Party to the Covenant that becomes a Party to the present Protocol rec Protocol present the to Party a becomes that Covenant the to Party State A : : (1) Every human being has the inherent right to life. This right shall be protected protected be shall right This life. to right inherent the has being human (1)Every : : No one shall be subjected to cruel, inhuman or degrading treatment or punish or treatment degrading or inhuman cruel, to subjected be shall one No : : (1) Every child shall have, without any discrimination as to race, colour, sex, language, : : (2) Everyone shall have the right to freedom of expression; this right shall include include shall right this of expression; to freedom have right the shall Everyone : (2) : Everyone shall have the right to freedom of association with others ... others with association of freedom to right the have shall : Everyone : All persons are equal before the law and are entitled without any discrimination discrimination any without entitled are and law the before equal are persons All : - -
9 HIV/AIDS and human rights in SADC SWAZILAND 10 HIV/AIDS and human rights in SADC SWAZILAND • • • • • • rights the that guarantee to undertake Covenant present the to Parties States The (2) and individually steps, take to undertakes Covenant present the to Party State Each (1) • International CovenantonEconomic,SocialandCulturalRights(ICESCR) to race, colour, sex, language, religion, political or other opinion, national or social origin, origin, social or national opinion, other or political religion, language, sex, colour, race, to as kind any of discrimination without exercised be will Covenant present the in enunciated measures. legislative of adoption the including particularly means, appropriate all by Covenant present the in recognised rights the of tion realisa full the progressively achieving to view a with resources, available its of maximum to the and economic technical, especially and co-operation, assistance international through 2 Article Protocol. present the to party a not is which Covenant the to Party State a concerns it if Committee the by Article 11Article bylaw. punishable and prohibited be should labour child of employment paid the which below by set age limits also law.should be punishable States should development to or or life or to normal dangerous morals health their work to their likely harmful hamper in employment Their exploitation. social and economic from protected be should persons persons young without anyand discrimination for reasons of orparentage other children conditions. Children and all young of behalf on taken be should assistance and protection of 10 Article insurance. social including security, social 9 Article ... competence and seniority of those than other considerations no to subject level, higher appropriate an to employment his in promoted be to everyone for opportunity Equal (c) conditions; working healthy and Safe (b) ... particular: in ensure which work of conditions favourable and just of enjoyment 7 Article right. this safeguard to steps appropriate take will and accepts, or chooses freely he which work by living his gain to opportunity the to everyone of right the includes 6 Article status. other or birth property, : The States Parties to the present Covenant recognise the right of everyone to the the to of everyone right the recognise Covenant present the to Parties : States The : : (1) The States Parties to the present Covenant recognise the right to work, which which work, to right the recognise Covenant present the to Parties : (1) States The : The States Parties to the present Covenant recognise the right of everyone to to everyone of right the recognise Covenant present the to Parties States The : : (1) The States Parties to the present Covenant recognise the right of everyone to of everyone right the recognise Covenant to present the : Parties (1) The States : The States Parties to the present Covenant recognise that: ...(3) Special measures measures Special ...(3) that: to recognise Covenant : the present Parties The States - the of right to to recognise everyone Covenant the (1) the enjoy present Parties The States • To(a) the ofembody principle of men the andequality women in constitutions their national • • (CEDAW) Convention ontheEliminationofAllFormsDiscrimination AgainstW • • full the achieve to Covenant present the to Parties States the by taken be to steps The (2) 15 Article ment of the highest attainable standard of physical and mental health. mental and physical of standard attainable highest the of ment 12 Article ... conditions living of improvement continuous the to and housing, and clothing food, adequate including family, his and himself for living of standard adequate an or other appropriate legislation if not yet incorporated therein and to ensure, through law law through ensure, to and therein incorporated yet not if legislation appropriate other or against undertake: discrimination end, this to and, women eliminating of policy a delay without and means appropriate all by Article 2 field. other any or civil cultural, social, economic, political, the in freedoms of fundamental and women, rights and human men of equality of basis a on status, marital their of irrespective women, or enjoyment exercise recognition, the or by purpose orof impairing nullifying effect the has which of sex basis on the made or restriction exclusion any distinction, mean shall women” 1 Article ... applications its and progress scientific of To benefits the (b) enjoy ...... freedoms fundamental and rights human for respect the strengthen shall and dignity, its of sense the and personality the human of development full the to directed be shall education that agree They education. to 13 Article sickness. of event in the which would of to assure and attention creation conditions all medical service medical The (d) diseases; and other occupational endemic, of epidemic, and control treatment tion, The preven (c) hygiene; and industrial of child; environmental of all aspects The improvement (b) the of development healthy the for and mortality infant of and stillbirth-rate the of for the reduction The provision (a) for: necessary those include shall of right this realisation : States Parties condemn discrimination against women in all its forms, agree to pursue : For the purposes of the present Convention, the term “discrimination against against “discrimination term the Convention, present the of purposes the For : : : (1) The States Parties to the present Covenant recognise the right of everyone: everyone: of right the recognise Covenant present the to Parties States The (1) : : (1) The States Parties to the present Covenant recognise the right of everyone everyone of right the recognise Covenant present the to Parties States The (1) : omen - - (2) Notwithstanding the provisions of paragraph 1 of this article, States Parties shall ensure ensure shall Parties States 1 article, of this of paragraph provisions the Notwithstanding (2) against discrimination eliminate to measures appropriate all take shall Parties States (1) • • • women. against discrimination constitute with provisions penal national all To(g) repeal law, existing abolish or modify to legislation, including measures, To appropriate all take (f) (e) To take all appropriate measures to eliminate discrimination against women by any person, to and women against discrimination of practice or act any in engaging from To refrain (d) to and men with basis equal an on women of rights the of protection legal Toestablish (c) (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, to women appropriate services in connection with pregnancy, confinement and the post- the and confinement pregnancy, with connection in services appropriate women to planning. family to related those including services, care health to access women in the field of health care in order to ensure, on a basis of equality of men and women, 12 Article reproduction. of function the of safeguarding the including conditions, in working to and safety of health to protection right The (f) leave; to paid right the as well as retirement, work, to of incapacity other and cases age old and in invalidity sickness, particularly unemployment, security, social to right The (e) ... beings; human of all right inalienable an as work to right The (a) particular: in rights, same the women, and men of equality of basis a on ensure, to order in employment of field the in women against 11 Article planning. family on advice and information including families, of well-being and health to help to the ensure information educational to Access (h) specific prematurely; school left have who women and girls for programmes of organisation the and rates drop-out student to ensure, on in particular a basis ofof men equality and Theand ... ofreduction women: female (f) education of field the in men with rights equal them to ensure to order in women 10Article women; against discrimination constitute which practices and customs regulations, enterprise; or organisation obligation; this with conformity in act shall institutions and authorities public that ensure discrimination; of act any against women of tection pro the effective institutions public and other tribunals national competent through ensure women; against discrimination all prohibiting principle; this of realisation practical the means, appropriate other and : States shall Parties take all appropriate measures to eliminate discrimination against : (1) States Parties shall take all appropriate measures to eliminate discrimination discrimination eliminate to measures appropriate all take shall Parties States (1) : : - • • (2) States Parties shall take all appropriate measures to ensure that the child is protected protected is child the that ensure to measures appropriate all take shall Parties States (2) to Convention present in the forth set rights the ensure and respect shall Parties (1) States • • Convention ontheRightsofChild(CRC) • • Women Optional ProtocoltotheConventiononEliminationofDiscriminationagainst
that they participate in and benefit from rural development and, in particular, shall ensure ensure shall particular, in and, development rural from benefit and in participate they that women, and men of equality of basis a on ensure, to order in areas rural in women against 14 Article lactation. and during pregnancy nutrition adequate as well as necessary, where services free granting period, natal against all forms of discrimination or punishment on the basis of the status, activities, expressed ororethnic opinion, other national, orsocial origin, property, disability, status. other birth political religion, language, colour, sex, race, the guardian’s or legal of parent’s or or her his child’s irrespective kind, any of discrimination without jurisdiction their within child each 2 Article the age of 18 years under unless, the law earlier.to is the applicable child, attained majority 1 Article ... Party State bythat Convention the in forth set rights the of of of any to a be victims violation claiming of a Party, State the jurisdiction under individuals, 2 Article 2. Article with accordance in submitted communications consider and receive to Committee”) Women (“the against of Discrimination Elimination on the Committee of the 1 Article communications. and transport supply, water and electricity sanitation, to in housing, relation particularly To conditions, living enjoy adequate (h) ... proficiency; technical their increase to order in services, extension and all of community benefit the alia, inter as, well as literacy, functional non- to and relating that formal including education, formal, and training of types all obtain To (d) programmes; security social from directly Tobenefit (c) planning; family in services and counselling information, including facilities, care health adequate to To access have (b) ... right: the women such to : For the purposes of the present Convention, a child means every human being below : A State Party to the present Protocol (“State Party”) recognises the competence competence the recognises Party”) (“State Protocol present the to Party State A : : : Communications may be submitted by or on behalf of individuals or groups of of groups or individuals of behalf on or by submitted be may Communications : : (2) States Parties shall take all appropriate measures to eliminate discrimination discrimination eliminate to measures appropriate all take shall Parties States (2) :
11 HIV/AIDS and human rights in SADC SWAZILAND 12 HIV/AIDS and human rights in SADC SWAZILAND (2) States Parties shall pursue full implementation of this right and, in particular, shall take take shall particular, in and, right this of implementation full pursue shall Parties States (2) attainable highest the of enjoyment the to child the of right the recognise Parties (1) States • • The child has the (2) right to of the protection orthe law attacks. such interference against privacy, or her his with interference or unlawful arbitrary to be subjected shall (1) child No • • • child. the of and possible shall the ensuredevelopment extent survival to the maximum Parties States (2) life. to right inherent the has child every that recognise Parties (1) States • private or public by undertaken whether children, concerning actions all In (1) • 3: Article 17 Article Article 15 Article choice. child’s the of media other any through or art, of form the in print, in or writing in orally, either tiers, fron of regardless kinds, all of ideas and information impart and receive seek, to freedom 13 Article 6 Article consideration. aprimary be shall child the of interests best the bodies, or legislative authorities of law, administrative courts institutions, welfare social members. family or guardians legal parents, child’s the of beliefs or opinions, ment of primary health care; (c) Todevelop the combaton diseaseemphasis with and children malnutrition, all to care including health and within the assistance frame- medical necessary appropriate measures: (a) To diminish infant and child mortality; (b) To ensure the provision of services; care health such to access of right her or his of deprived is child no that ensure to strive shall Parties State health. of rehabilitation and illness of treatment the for facilities to and health of standard 24 Article ... health mental and physical and well-being moral and her spiritual or social, his of promotion the at aimed those especially sources, of international and diversity a national from material and information to access has child the that ensure shall and tion. reputa and honour her or his on attacks unlawful to nor correspondence, or home family, 16 Article assembly. peaceful of freedom to : : (1) The child shall have the right to freedom of expression; this right shall include include shall right this of expression; freedom to right have the : shall (1) child The : : (1) States Parties recognise the rights of the child to freedom of association and and association of freedom to child the of rights the recognise Parties States (1) : : : States Parties recognise the important function performed by the mass media media mass the by performed function important the recognise Parties States : - - - (3) States Parties shall take all effective and appropriate measures with a view to abolishing abolishing to a view with measures appropriate and effective all take shall Parties States (3) • • • • • • • 33 Article 26 Article health care, guidance for parents and family planning education and services. services. and education planning family and parents for guidance care, health To (d) ensure appropriatedrinking-water; pre-natal and post-natalclean health care and for To mothers; (f) foods develop preventive nutritious adequate of provision the through and work of health primary care, through, inter alia, the application of readily available technology dicial to any aspects of the child’s welfare. welfare. child’s the of aspects any to dicial 36 Article materials. and performances nographic por in children of use exploitative The (c) practices; sexual unlawful in other or children prostitution of use exploitative The (b) activity; sexual unlawful any in engage coercion to or child a of inducement The (a) prevent: to measures multilateral and bilateral national, appropriate all take particular in shall Parties States purposes, these For abuse. sexual and 34 Article ... substances psychotropic and drugs narcotic of use illicit the from children protect to measures, educational and social trative, rates. drop-out of reduction the and schools at attendance regular encourage to Take measures (e) children; all to sible acces and available guidance and information vocational and educational appropriate Make (d) every by means; capacity of basis the on all to accessible education higher Make (c) need; of case in assistance financial offering and education free of introduction the as such measures and appropriate child take to every and accessible available make them education, and vocational general including education, forms of of secondary the different development Encourage (b) all; to free available and in compulsory shall, education they primary Make (a) opportunity, particular: equal of basis the on and progressively right this achieving to 28 Article development. social and moral spiritual, mental, physical, child’s the for 27 Article law. national their with accordance in right this of realisation to full the achieve measures necessary the take and shall insurance, social including security, children. of health the to prejudicial practices traditional : (1) States Parties recognise the of right : recognise child every to (1)of a Parties adequate living standard States : States Parties undertake to protect the child from all forms of sexual exploitation the from child to all of exploitation forms protect sexual undertake Parties : States : States Parties shall protect the child against all other forms of exploitation preju of exploitation forms other all against child the protect shall Parties : States : (1) States Parties shall recognise for every child the right to benefit from social social from benefit to right the child every for recognise shall Parties States (1) : : States Parties shall take all appropriate measures, including legislative, adminis legislative, including measures, appropriate all take shall Parties States : : (1) States Parties recognise the right of the child to education, and with a view view a with and education, to child the of right the recognise Parties States (1) : - - - - 20 Article 14(1) states that: “States Parties shall ensure that the right to health of women, including sexual and reproductive health, is is health, reproductive and sexual including women, of health to right the that ensure shall Parties “States that: 20 states 14(1) Article Zimbabwe Zambia Africa South Namibia Mozambique Malawi Country party): state bythe signed been only has treaty the case ‘s,’ which in with marked when except accession, or ratification The status of these treaties in respect of the states under discussion is as follows (all dates denote women. African on AIDS manner. cursory a in HIV/AIDS mentions Africa of Women in Rights the on Rights Peoples’ of the Child It is only within the HIV/AIDS. to reference any include not does still but 1990, in later, years ten nearly adopted cific reference to HIV/AIDS. The The Applicable regional3.3 legal norms date. to reports state any the submitted not has under Swaziland treaty. established Committee the to periodically report must states treaties, all Under State3.2 reporting Swaziland Botswana respected and promoted. This includes:... (d) the right to self protection and to be protected against sexually transmitted infections, infections, transmitted ...” sexually HIV/AIDS against including protected be to and protection self to right the (d) includes:... This promoted. and respected African Charter on Human and Peoples’ Rights (ACHPR) that mention is made of HIV/AIDS. The is mention that made of HIV/AIDS.
Guidelines Guidelines on State to Reporting the African Committee on the andRights Welfare 20 15 September 1995 29 June 1992 June 29 1995 15 September 30 May 1986 1986 May 30 1984 19 January 1996 July 09 1999 16 September 1992 July 30 1989 February 22 1989 17 November ACHPR 17 July 1986 African Charter on the Rights and Welfare of the Child (ACRWC) 19 This is very unfortunate, given the impact of HIV/ of impact the given unfortunate, very is This , which has been adopted but is not yet in force, force, in yet not is but adopted been has , which Protocol Protocol to onthe African Charter Human and was adopted in 1981 but makes no spe 19 January 1995 19 January 1992 February 28 2000 07 January 13 1999 July 1998 15July ACRWC s s s was -
• • African CharteronHumanandPeoples’Rights(ACHPR) for relevant particularly below. listed are are HIV/AIDS that treaties regional the in provisions various from Excerpts 19 Status of ratification and signature 19of the and signature of ratification Status and physical of state attainable best the enjoy to right the have shall individual Every (1) • • • • • (2) Every individual shall have the right to express and disseminate his opinions within the law. information. receive to right the have shall individual (1) Every • • • • 15 Article ril 2 Article uary 2000. Available at www1.umn.edu/humanrts/instree/afchildratifications.htmland www1.umn.edu/humanrts/instree/ratz1afchr. 2002. 13 September Accessed: htm. www1.umn.edu/humanrts/instree/afchildratifications.htmland at Available 2000. uary health. mental 16 Article work. equal for pay equal receive shall and conditions, law. bythe abides he provided aState of borders the within 12 Article others. of freedoms and rights and ethics, health, safety, the security, national of interest the in enacted those by law,for particular in provided restrictions necessary to only subject be shall right this of 11 Article law. by the 10 Article 9 Article 6 Article ... status legal his of recognition the to and being man 5 Article right. this of deprived arbitrarily be may one No person. his of integrity the and life 4 Article status. other or birth fortune, origin, social or and any national political group, opinion, colour,other ethnic religion, race, sex, language, as such kind any of distinction without Charter present the in guaranteed and recognised : Human beings are inviolable. Every human being shall be entitled to respect for his to respect be shall entitled being human Every are : inviolable. beings Human : : Every person shall have the right to liberty and to the security of his person ... person his of security the to and liberty to right the have shall person : Every : Every individual shall have the right to the respect of the dignity inherent in a hu a in inherent dignity the of respect the to right the have shall individual Every : : Every individual shall be entitled to the enjoyment of the rights and freedoms freedoms and rights the of enjoyment the to entitled be shall individual Every : : Every individual shall have the right to assemble freely with others. The exercise exercise The others. with freely assemble to right the have shall individual : Every : (1) Every individual shall have the right to free association, provided : that he have provided shall (1)abides the to right individual free Every association, : : (1) Every individual shall have the right to freedom of movement and residence residence and movement of freedom to right the have shall individual Every (1) : : Every individual shall have the right to work under equitable and satisfactory satisfactory and equitable under work to right the have shall individual Every : ACHPR and ACRWC compiled by the University of Minnesota, Human Rights Library as of 1 Jan Library Rights Human of Minnesota, by University the compiled - -
13 HIV/AIDS and human rights in SADC SWAZILAND 14 HIV/AIDS and human rights in SADC SWAZILAND • • • • African CharterontheRightsandWelfare oftheChild(ACRWC) • • in protection of measures special to right the have also shall disabled the and aged The (4) also and women against discrimination every of elimination the ensure shall State The (3) and morals of custodian the is which family the assist to duty the have shall State The (2) by of and unit basis society. the State (1)be It be shall the shall natural protected The family • com the by recognised values traditional and morals of protection and promotion The (3) community. his of life cultural the in part take freely may individual Every (2) education. to right the have shall individual (1) Every • the protect to measures necessary the take shall Charter present the to Parties States (2) 5 Article traditional values recognised by the community. community. by the recognised values traditional morals. and health physical its of care take shall which 18 Article State. the of duty the be shall munity 17 Article of health their people and to ensure that they when receivethey aremedical attention sick. in conformity with the law. the with conformity in 8 Article consideration. primary the be shall child the of interests best 4 Article status. other or birth fortune, origin, social ians’ race, ethnic group, colour, sex, religion, language, political or other opinion, national and guard legal or parents’ his/her orchild’s the of irrespective Charter this in guaranteed and 3 Article development. their to 24 Article byanother. apeople of domination the justify shall Nothing rights. same 19 Article needs. moral or physical their with keeping conventions. and declarations in international as stipulated child and the of woman the of rights the protection the ensure : child Every shall have the right to freeand association freedom of assembly peaceful : Every : child to Every shall be of the entitled enjoyment the and recognised rights freedoms : (1) Every child has an inherent right to life. This right shall be protected bylaw. protected be shall right This life. to right inherent an has child : (1) Every : (1) In all actions concerning the child undertaken by any person or authority the the authority or person any by undertaken child the concerning actions all In (1) : : : : All peoples shall have the right to a general satisfactory environment favourable favourable environment satisfactory general a to right the have shall peoples All : : All peoples shall be equal; they shall enjoy the same respect and shall have the the have shall and respect same the enjoy shall they equal; be shall peoples All : - - • • • implementation full the pursue to undertake shall Charter present the to Parties State (2) and mental physical, of state attainable best the enjoy to right the have shall child (1)Every • to a view with measures appropriate all take shall Charter present the to Parties States (3) un child’s the of promotion the (h) ... to: directed be shall child the of education The (2) education. an to right the have shall child (1) Every • 24 Article such interference or attacks. or interference such against law the of protection the to right the has child The children. their of conduct the over supervision reasonable exercise to right the have shall guardians legal or parents that provided or reputation, his honour upon or to attacks the or home correspondence, family 10 Article interest of the child shall be the paramount consideration ... consideration paramount the be shall child the of interest status. other or sex of grounds the on child the to discriminatory practices and customs those (b) and child; the of life or health the to prejudicial practices and customs those (a) particular: in and child the of development and growth normal dignity, welfare, the affecting practices cultural and social harmful eliminate 21 Article ... plans development national in programmes service health basic integrate to (g) service; of provision and education life develop family to and care (f) health preventative mothers; nursing and expectant for care health appropriate ensure to (e) technology; appropriate of application the through care health primary of framework the within malnutrition and disease combat to (d) water; drinking safe and nutrition of adequate provision the ensure to (c) care; health primary of development the on emphasis with (b) rate; mortality to ensure child the and provision of infant necessary medical assistance and reduce health care to to all (a) children measures: take shall particular in and right this of health. spiritual 14 Article community. the of sections all for education to access equal ensure to children, disadvantaged and gifted of female, respect in measures special take ...(e) particular: in shall and right this of realisation full the achieving care. health primary of derstanding 11 Article : : (1) States Parties to the present Charter shall take all appropriate measures to to measures appropriate all take shall Charter present the to Parties States (1) : : : State Parties which recognise the system of adoption shall ensure that the best best the that ensure shall adoption of system the recognise which Parties State : : No child shall be subject to arbitrary or unlawful interference with his privacy, privacy, his with interference unlawful or arbitrary to subject be shall child No : - 23 23 22 22. Par the under Parties State of Reports Initial for Guidelines (Adopted) the 21 of 21(g) Par the issues, HIV/AIDS-related sing In 1997,September the SADC Council of Ministers adopted the first relevant document addres- SADC framework3.4 for addressing HIV/AIDS date. to reports submitted has study this in countries eight the of protection. special of need in children to relevant indicators and information statistical specific provide to 26 of the of Article in terms orphans, AIDS to reference in specifically protection, special of need in children for place in are measures what indicate The Charter. the in guaranteed the of provisions the to effect give to adopted been have that measures the on reports Union, African the of Commission of the the Chairperson and through of Welfare of the Child, the Rights of Experts Committee According to 43(1)Article of the • materials. and performances activities, pornographic in children of use the (c) practices; sexual other or prostitution in children of use the (b) activity; sexual any in engage to achild of encouragement or coercion inducement, the (a) • • the child from the use of narcotics and illicit use of psychotropic substances ...... substances psychotropic of use illicit and narcotics of use the from child the 28 Article forms of sexual exploitation and sexual abuse and shall in particular take measures to prevent: 27Article children; of care the for foster institutions others, suitable in placement or among placement, include could which care, family alternative with provided be shall environment that in remain to allowed or up brought be cannot interest best her or his in less, or who is or temporarily deprived permanently of his or her family environment, or who 25 Article SADC Health Protocol. Health SADC Charter : States Parties to : the shall Parties present take States Charter all measures toappropriate protect : States Parties to the present Charter shall undertake to protect the child from allfromchild theprotect to undertake shall Charter present the to Parties States : : (2) State Parties to : State shall the (a) Parties ensure (2) present Charter: that a child who is parent 22 The first report under under report first The , and thereafter reports are due every third year. Unfortunately, not one of the the of one not year. third Unfortunately, every due are reports thereafter , and Available at: http://196.36.153.56/doh/department/sadc/docs/protocol99.html. http://196.36.153.56/doh/department/sadc/docs/protocol99.html. at: Available ACRWC Guidelines ACRWC Code of HIV/AIDS and Employment in SADC in Employment and HIV/AIDS of Code ACRWC , and the progress made in the enjoyment of the rights rights the of enjoyment the in made progress the and , , state must parties to undertake submit to the African for reporting specify that the state parties should parties state the that specify reporting for is due within two years of the state’s ratification ratification state’s the of years two within due is Charter ACRWC . . 21 States are also encouraged encouraged also are States , as developed by developed as , - unions. trade and employees legislators, sector employers, public addresses It issues. HIV/AIDS-related on codes employment national solidate con to states for a framework provide to and HIV/AIDS, and rights employee of issue the to the Employment and Labour Sector. The main objectives of the 26 Available at: http://196.36.153.56/doh/department/sadc/docs/framework/html. at: 26 Available p28. at Ibid, 25 24 HIV/AIDS. to vulnerable most or with living those particular in individuals, of rights the and promote is to protect control, HIV/AIDS towards geared programme, in the objectives One of the policy diseases. transmitted and sexually on HIV/AIDS focuses gramme Document work the approved Ministers of Council SADC the 2000, September In region. the across curricula school into skills life and education HIV/AIDS integrating initiatives, other by,amongst attitudes change to and stigma reduce to information provide to aims sector This Development. Resources Human the is crimination the in sector only The the of development the in important as acknowledged been has that principles the of One etc. tourism, mining, transport, whether serve, they communities the and sectors those of needs the address to the of 10 the as to red of a multi-sectoral implementation and Society with Reduced document HIV/AIDS vision the adopted Force Task HIV/AIDS SADC the 1999, December In epidemic. the to approach and and STDs, that to policies work plans an towards regional develop inter-sectoral and HIV/AIDS of management and prevention the for approaches and policies harmonise to parties states urges Thearticle (STDs). diseases transmitted and sexually HIV/AIDS with deals In August 1999, the 14 member states adopted the Managing the impact of HIV/AIDS in SADC in HIV/AIDS of impact the Managing SADC SADC Strategic Framework Strategic , as developed by the SADC Health Ministers. Health SADC the by developed as , Health Protocol Health Strategic Framework Strategic Strategic Framework Strategic . It was adopted to guide the work of the SADC in the development , August 2000, at page 8. Available at: http://196/36/153/56/doh/department/sadc/docs. at: Available 8. page at 2000, , August ; all SADC sectors agree to use their comparative advantages advantages comparative their use to agree sectors SADC all ; ). The The ). is the respect for the rights of individuals. of rights the for respect the is HIV/AIDS Framework for 2000-2004 Framework HIV/AIDS Strategic Framework Strategic that specifically mentions stigmatisation and dis and stigmatisation mentions specifically that SADC SADC Health Protocol is in principle guided by Article Article by guided principle in is 26 Code 25 A significant part of the pro the of part significant A Health Sector Policy Frame Policy Sector Health are to sensitise employers . 2 3 10Article specifically (hereinafter refer- (hereinafter 24 A SADC A - - - -
15 HIV/AIDS and human rights in SADC SWAZILAND 16 HIV/AIDS and human rights in SADC SWAZILAND 30 30 2(1). Par 1994. 1(XXX) 29 AHG/Decl http://www.sadc.int/index.php?lang=english&pth=legal/declarations/&page=declaration_on_HIV_AIDS at: 28 Available http://196.36.153.56/doh/department/sadc/docs/negotiate_principls.html. at: 27 Available Africa in HIV/AIDS a OAU, the of Government and State of Heads the of Session Ordinary Thirty-Second the 1996,at July In issues.” rights human and medical ethical, legal, social, covering children affected of needs the to responses appropriate support and guide to framework policy national a “Elaborate to: commitment a Tunisia. Tunis, in Government and State of Heads of Assembly the T the 1994, June In the HIV/AIDS epidemic. Only those relevant to HIV/AIDS and human rights are discussed here. (OAU,Unity now Union the called orAfrican adopted aAU) ofnumber addressingresolutions Over the years, the ofAssembly Heads of State and Government of the of Organisation African Relevant3.5 OAU/AU resolutions on HIV/AIDS 2003-2007 Action of Programme and Framework A new intervention. in AIDS the multi-sectoral SADC through region Declaration the signed of Government Heads SADC the 2003, In July HIV/ on prices reduced or drugs. drugs AIDS-related free for offers accepting before equity and acceptability appropriateness, accessibility, affordability, sustainability, as such factors consider to and nies compa pharmaceutical with negotiations their in decisions makeinformed to countries SADC Countries SADC in Conditions TreatmentHIV/AIDS-Related of adopted A month prior to the adoption of the Principles to Guide Negotiations with Pharmaceutical Companies on Provision of Drugs for for Drugs of Provision on Companies Pharmaceutical with Negotiations Guide to Principles affirms the commitment to address the pandemic and the issues relating to HIV/ to relating issues the and pandemic the address to commitment the affirms Resolution on Regular Reporting of the Implementation Status of OAU Declarations on on Declarations OAU of Status Implementation the of Reporting Regular on Resolution 30
was adopted by the Assembly. the by adopted was unis Declaration on AIDS and the Child in Africa in Child the and AIDS on Declaration unis Health Health Sector Policy Framework was also issued. issued. also was 31 The The . SADC Declaration on HIV/AIDS Declaration SADC 27 Resolution These principles focus on enabling enabling on focus principles These was adopted by the OAU at at OAU the by adopted was , the SADC Health Ministers 29 urged African leaders to to leaders African urged The The SADC HIV/AIDS Strategic Strategic SADC HIV/AIDS Declaration declares declares . 28 The The - specifically to address the exceptional challenges of HIV/AIDS, tuberculosis and other related related other and tuberculosis of HIV/AIDS, challenges exceptional the to address specifically devoted summit a for special gathered Government and of State Heads 2001, the 27On April the to referring specifically past, the in adopted been had that resolutions and declarations those implement 34 See Foreword in the the in 34 Foreword See 33 12. Par http://www.onusida-aoc.org/Eng/Abuja%20Declaration.htm. at: Available 32 http://www.onusida-aoc.org/Eng/Abuja%Declaration.html. at: Available 1996. 247 (XXXII) 31 AHG/Res adopted for Rights, Human Commissioner High Nations United the of Office the with collaboration in 1996 UNAIDS, In 3.6 International guidelines and on HIV/AIDS human rights infection. HIV against themselves protect to decisions • appropriate taking in women assist and continent; whole the for nations between rights • human to approaches harmonise inequities, gender and violations rights human address (a) to: • legislation existing strengthen • enact relevant legislation to protect the rights of people infected and affected by HIV/AIDS and TB; • negative to the for awarenessof programme and sensitivity national developa multi-sectoral identified: are strategies following the and areas, priority the of one as recognised is rights implementedbycollaborationmemberinstates allstakeholders.with Theprotection human of commitments made in the stitutesamajor barrier toaneffective response toit.” and con of the epidemic the impact increases HIV/AIDS with living people against crimination In the the in forth Diseases Infectious Related and Other Tuberculosis Diseases Infectious Related the in resulted This diseases. infectious and (b) respect and protect the rights of infected and affected people; affected and infected of rights the protect and respect (b) and groups; vulnerable especially people, on pandemic the of impact Abuja Declaration Abuja Abuja Declaration Abuja Tunis Declaration Guidelines. , the Heads of State acknowledged that “stigma, silence, denial and dis denial silence, “stigma, that acknowledged of State , Heads the Abuja Declaration Abuja , and the the and , HIV/AIDS and Human Rights – International Guidelines – and Human International Rights HIV/AIDS . 32 . Abuja Framework for Action for the Fight against HIV/AIDS, HIV/AIDS, against Fight the for Action for Framework Abuja Abuja Declaration on HIV/AIDS, Tuberculosis and other other and Tuberculosis HIV/AIDS, on Declaration Abuja into strategies followed by subsequent activities to be , aimed at implementation of the principles set set of principles the , at implementation aimed 3 3 The AbujaFramework conceptualises the . The Guidelines - -
35 Guideline 6 was revised in 2002 and is available at: http://www.unhchr.ch/hiv/g6.pdf. at: available is and 2002 in revised 6was Guideline 35 • • • • • • • The to society civil of effectively.” and ethically respond responsibility and capacity the building including HIV/AIDS, to response the in participation community and sector private increased for support (3) and groups; ised marginal and children women, of status the of anti-discrimination, improvement and on health, public of focus protection a with services, support legal and laws of (2) reform accountability; widespread and co-ordination multi-sectoral for acknowledg responsibility for government’s capacity the ing governmental of improvement “(1) areas: crucial three on focus by HIV/AIDS. to of the such rights protect affected as people commissions than courts other human rights means use and issues legal HIV-related on expertise develop rights, their about HIV/AIDS 7 Guideline infections. opportunistic related and HIV/AIDS of treatment the for nologies and tech related diagnostics and medicines, safe other and effective anti-retroviral including qualitygoods,services andinformation forHIV/AIDSprevention, treatment, careandsupport, to access have basis equal and sustained a on persons all that Ensure price. affordable an at medication effective and safe and information, care and prevention HIV adequate services, and information in order to ensure widespread availability of preventionquality measures and Revised Guideline 6 subjects. human involving research in ethics and confidentiality privacy, Guideline 5 groups. vulnerable consistent with international human rights obligations and address HIV/AIDS without targeting Guideline4 3 Guideline policies. HIV all drafting in organisations such with widely law. Consult and rights Guideline 2 framework. Guideline 1 Guidelines : Review: andreform criminal laws andcorrectional systemstoensure thatthey are : to Encourage states adopt approach athrough annational multi-sectoral effective : Enable community organisations to carry out activities in the field of ethics, human : Enact or laws anti-discrimination strengthen to protect vulnerable groups. Ensure : Review and reform public health laws to adequately address HIV/AIDS. address adequately to laws health public reform and : Review : Implement and support legal support services to educate people affected by affected people educate to services support legal support and Implement : deal with the following human rights principles: principles: rights human following the with deal : Enact legislation to provide for the regulation of HIV-related goods, services 34
35 - - - • • • • • 10 Guideline 8 Guideline 12Guideline designed to change attitudes of discrimination and stigmatisation around HIV/AIDS. HIV/AIDS. around stigmatisation and discrimination of attitudes change to designed 9 Guideline groups. vulnerable other and children women, for environment free an international level and through UN agencies such as UNAIDS. as such agencies UN through and level international an rights. human HIV-related protect and 11 Guideline codes. these enforce and implement to mechanisms : Promote the distribution of creative education, training and media programmes programmes and media training education, of creative distribution the : Promote : States, together with communities, should promote an enabling and prejudice- and enabling an promote should communities, with together States, : : States should share experiences concerning HIV-related human rights issues at issues rights human HIV-related concerning experiences share should : States : States should ensure monitoring and enforcement mechanisms to guarantee guarantee to mechanisms enforcement and monitoring ensure should States : : Translate human rights principles into codes of conduct with accompanying accompanying with conduct of codes into principles rights human Translate :
17 HIV/AIDS and human rights in SADC SWAZILAND 4. LEGAL FRAMEWORK FOR THE PROTECTION OF HIV/AIDS AND HUMAN RIGHTS IN BOTSWANA
HIV/AIDS and human rights in SADC SWAZILAND 4.1 National legal system: General background 4.1.2 Human rights provisions within the National HIV/AIDS Strategic Framework 18 and the National HIV/AIDS Policy 4.1.1 The form of government and the domestic legal system within the country Swaziland introduced its first HIV/AIDS plan in 1987 to cover a 12-month period. This was Swaziland is an absolute monarchy. The King has all legislative, executive and judiciary powers followed by the First Medium Term Plan (1990-1992). In 1993, the HIV/AIDS programme was vested in him. The kingdom’s political system is based on the tinkhundla system of government, restructured into two subsequent National HIV/AIDS Strategic Plans covering the periods 1994- which is a system of local government organisation that allows for local representatives nom- 1997 and 1998-2000. In September 2000, Swaziland introduced the Swaziland National Strategic inated by people at centres known as tinkhundlas, to be their local spokespersons in the national Plan for HIV/AIDS 2000-2005.37 The Strategic Plan provides a guiding framework for a multi-sectoral, Parliament. The tinkhundla system does not accommodate a number of parties. Swaziland national response, which particularly addresses three critical areas of concern: risk reduc- does not have a written constitution or a bill of rights. tion, response management, and impact mitigation. Impact mitigation includes the following: “Developing policies and legislation that address the HIV/AIDS issues, including to identify The national legal system is a mixture of Swazi law and custom, which is currently being codi- and change laws and policies that increase risks of HIV spread, review and adapt laws which are fied (since 1998), and Roman-Dutch law, which was “imported” into Swaziland by the General endangering the welfare of widows and orphans, and enact laws to protect vulnerable groups Administration Proclamation, No. 4 of 1907.36 ... Reducing stigmatisation of people living with AIDS, and promoting counselling and volun- tary testing, including building the capacity of PLWHAs to promote the concept of positive The highest court in Swaziland is the Court of Appeal, which has an appellate jurisdiction, living.”38 followed by the High Court, with both an appellate and inherent jurisdiction. Ascending from the High Court is the Magistrate’s Court, which entertains both criminal and civil matters, and The “policies and legislation” under the impact mitigation category also involve the establish- finally the Swazi Court, which exclusively applies Swazi law and custom. An Industrial Court ment of networks within government ministries, as well as co-operation between these min- hears industrial/labour matters and the Industrial Court of Appeal has appellate jurisdiction. istries, national and international NGOs, and intergovernmental organisations and institutions dealing with HIV/AIDS. The main objective of such networks and co-operation is to minimise the impact of HIV/AIDS. The Cabinet Committee on HIV/AIDS has the overall mandate to supervise the national response to the HIV/AIDS epidemic, whilst the co-ordination of the
36 Section 2 of the Proclamation provides that “Roman Dutch common law shall be the law of Swaziland save in so far as the same has 37 The Strategic Plan was drafted by the HIV/AIDS Crisis Management and Technical Committee with the co-operation of the UNAIDS been heretofore or may from time to time hereinafter be modified by statute.” According to Subsection 2, all the statute laws of the Country Programme Office. Transvaal (a former province of South Africa), which were in force on 15 October 1904, were incorporated into the laws of Swaziland. 38 Page 10 of the Strategic Plan. These laws were meant to apply mutatis mutandis (with necessary changes) to Swaziland. 42 Page 3 of the 42 the 3of Page 41 P The the 40 of 72 Page 39 the of 35 Page concerned minister bythe tabled then is bill The instrument. international that incorporating bill a drafting for responsible is General, Attorney the of Office the with along treaty, the of matter for the subject is that responsible The ministry government. of on the Swaziland behalf Minister The of Foreign Affairs and Tradelegislation. local negotiates, into ratifies and accedes totransformed international are instrumentsthey when and if treaties international apply only can courts the that means which domestication, for approach treaty a dualist adopts Swaziland andregional4.1.3 Domesticationofinternational human rightstreaties HIV/AIDS. with living people of STDs” and other HIV/AIDS against themselves protect to etc.) children, street workers, sex persons, disabled (e.g. groups disadvantaged or this of and HIV/AIDS Plan Control for the Prevention Strategic land National the of implementation and development the for basis policy the form to released was government’s the 1998, August In Swaziland. of framework legal the within HIV/AIDS and on rights human materials of educational for the development is also responsible The Ministry to HIV/AIDS.” all related with laws and policies to compliance secure and rights human AIDS HIV/ to appropriateness their of terms in sectors, respective by guidelines and policies laws, and review of “development all rights: and human of in HIV/AIDS terms the following ensuring to the According persons. affected and HIV/AIDS-infected of rights the protect that legislation and policies enact to need the recognises and HIV/AIDS with living people with specifically deals Plan Strategic of the 3.6.8 Section HIV/AIDS. address that provisions include and policies” “legislation that to ensure strategies forth 3.6.1. tion sets The (CMTC). Committee Technical and Management Crisis HIV/AIDS the with lies response multi-sectoral Policy Document Policy olicy Document olicy Policy Document. Policy Strategic Plan. Strategic Strategic Plan. Strategic Strategic Plan Strategic was drafted by the Ministry of Health and Social Welfare. Social and Health of Ministry the by drafted was Strategic Plan Strategic include: “increas[ing] the capacity of women, youth and other vulnerable vulnerable other and youth women, of capacity the “increas[ing] include: addresses stigma and discrimination in Section 3.5.6, whilst Sec whilst 3.5.6, Section in discrimination and stigma addresses , the Ministry of Justice and Constitutional Affairs is tasked with with is tasked Affairs and Constitutional of Justice , the Ministry 43 Policy Document on HIV/AIDS and STD Prevention and Control Control and Prevention STD and HIV/AIDS on Document Policy 39 42 and to attempt to safeguard the human rights rights the human to safeguard and to attempt . 41 The specific objectives of objectives The specific Swazi 40 - -
There is no institutional arrangement for the implementation of human rights treaties and and treaties rights human of implementation the for arrangement institutional no is There legislation. the apply can courts Swazi the that then only is It Gazette. a in published and to King, the Majesty, assented His by be to has it legislation, the passes Parliament Once Parliament. by debated and 45 45 Ibid. 44 11. page At 43 Ibid. • • 4.2.3 HIV/AIDSpolicies,guidelinesandprogrammes HIV/AIDS. from groups vulnerable protect will that laws enact to is adopted be to egies Similarly, the rape.” and violence sexual to related issues include will These policies. HIV/AIDS-related of implementation the enforce and facilitate will that made passed regulations and be will laws appropriate necessary, Where HIV/AIDS. by raised issues rights human and health public the address adequately they that ensure to reviewed be will laws “Existing relating issues the to According indirectly) or HIV/AIDS. to (directly addressing legislation national no is there Currently 4.2.2 National legislationthataddresses (directly orindirectly) issuesinrelation rights. human and HIV/AIDS to relating questions with dealt has court domestic no far Thus 4.2.1 LitigationonHIV/AIDSandhumanrightswithindomesticcourts regulations HIV/AIDS-specific 4.2 legislation. implementing specific any adopted not date to has government The of implementation. responsibility primary the with is there government no department specific Policy Document on HIV/AIDS and STD Prevention and Control and Prevention STD and HIV/AIDS on Document Policy 2000-2005 HIV/AIDS for Plan Strategic National Swaziland to HIV/AIDS Swaziland National Strategic Plan for HIV/AIDS 2000-2005 Policy Document on HIV/AIDS and STD Prevention and Control and Prevention STD and HIV/AIDS on Document Policy , September 2000 , September , August 1998 , August states that one of the strat 44
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19 HIV/AIDS and human rights in SADC SWAZILAND 20 HIV/AIDS and human rights in SADC SWAZILAND 47 Ngwenya, C. ‘HIV Testing in Swaziland in the wake of AIDS: A Human Rights. Framework’ in C. Okpaluba et al. (ed.) (ed.) al. et Okpaluba C. in Framework’ Rights. Human A AIDS: of wake the in Swaziland in Testing ‘HIV C. 47 Ngwenya, the of terms in 2002 in established was HIV/AIDS on Committee Response Emergency National 46 The PLWHAs.” of groups self-supporting of the to According Control HIV/AIDS.” of issues the addresses that legislation have not does Swaziland “Currently, that: states study UNDP The grants. HIV/ for disability with do qualify not also PLWHAs framework. legal living Swaziland the within people AIDS for assistance and security social for provision specific no is There 4.2.5 HIV/AIDSwithinthegovernment’s socialassistanceplan AIDS.” with people and people HIV-infected of and dignity of rights human the promotion to on embrace AIDS Programme (WHO) zation the Organi World through Health and is has accepted committed “Swaziland that: recognises Guidelines International the of and development technical for provided contribution Group financial Theme UN the particular, In involved. fully was (UNAIDS) AIDS. These Thegovernment of Swaziland is aware of the 4.2.4 GuidelinesonHIV/AIDSand Domestic incorporationoftheInternational Directorate. HIV/AIDS National the to recommendations strategy makes and policies HIV/AIDS-related of adoption and review pro and the for policies responsible is HIV/AIDS on HIV/AIDS Committee Response for Emergency National The responsible grammes. is Welfare Social and Health of Ministry The accepted the WHO Global Programme on HIV/AIDS which is modelled on the rights and freedoms as contained in the Bill of Rights Rights of Bill the in contained as freedoms and rights the on modelled is which HIV/AIDS on Programme Global WHO the accepted 3 Par. See proposed. been already had policy and the of practice administrative law, regarding compliance in others and standards makers rights policy human assist to international guidelines the of with elaboration the 1989. July 28 to 26 from Geneva in (HR/PUB/90/2), Consultation Organization, first the of Health report the World In the with co-operation in Rights, Human for Centre Nations United ( Response Legal The in Swaziland: Notice HIV/AIDS on Committee 47 International Guidelines Guidelines International Human Rights HIV/AIDS and Human Rights - International Guidelines International - Rights Human and HIV/AIDS In developing the the developing In recognises the special social needs of people infected with HIV/AIDS and their families. and families. their HIV/AIDS with of needs infected social people the special recognises Policy Document Policy . 48 No 16 of 2002. See Section 4 of the Notice for an outline of the functions of the Committee. the of functions the of outline an for Notice the 4of Section See 162002. of No A UNDP study on Human Rights, Ethical Issues and HIV/AIDS also also HIV/AIDS and Issues Ethical Rights, Human on study UNDP A 1997) 228. The first International Consultation on AIDS and Human Rights was organised by the then then by the organised was Rights Human and on AIDS Consultation International first The 228. 1997) 50 However, the However,the Strategic Plan Strategic have been taken into account in the drafting of policies on HIV/ on policies of drafting the in account into taken been have : “the government of Swaziland will support the formation formation the support will Swaziland of government “the : 46 , the Joint United Nations Programme on HIV/AIDS HIV/AIDS on Programme Nations United Joint the , 51 The provision of support falls under the portfolio portfolio the under falls support of provision The Policy Document on HIV/AIDS and STD Prevention and and Prevention STD and HIV/AIDS on Document Policy . Ngwena argues that from the standpoint of human rights: “Swaziland has has “Swaziland rights: human of standpoint the from that argues Ngwena . HIV/AIDSand Human Rights - International Guidelines 49
taei Plan Strategic , which involved the use of the the of use the involved which , National Emergency Response Response Emergency National Human Rights Rights Human - - . rvd spot o netd n afce idvdas huh h pbi assac pro assistance public the though individuals affected and infected to support • provide support; and benefits social for requirements eligibility the on public the inform • the of terms in strategies following the implementing with tasked is which Welfare, Social and Health of Ministry the of 53 Page 6 of the 53 the 6of Page 52 71 the of page See 51 7. Page 50 Ibid. Programme. Development 49 Nations United the in Acknowledgements the See Olowo-Frees. Banardette and Mulindi Sobbie Dr included Group Theme the of members 48 Notable testing: HIV of The 4.3.2 HIVtesting,notificationandconfidentiality presently. Swaziland in care health to access of right no is However, there HIV/AIDS. to response national representative and collective a formulating in groups, interest and stakeholders players, key sectors, all involves which AIDS, on Force Task a appointed also Ministry The programmes. of implementation and planning the decentralise to and pandemic HIV/AIDS the to respond to (SNAP) Programme AIDS National Swaziland the established Welfare Social and of Health Ministry the (WHO), Organization World Health the of assistance the With intervention. cy On 19 1999,February King a Mswati III declared national HIV/AIDS requiring disaster emergen 4.3.1 HIV/AIDSandtherightofaccesstohealthcare Health sector 4.3 services. affordable and quality high to access have PLWHAs that ensure • (2002), at page 35. page at (2002), HIV/AIDS For Plan Strategic National Swaziland covenants.” subsequent and Rights Human of Declaration Universal Nations United 1948 the of and gramme; Policy Document on HIV/AIDS and DocumentSTD Policy onPrevention andHIV/AIDS Control Policy Document. Policy 53 Strategic Plan. Strategic HIV testing may be conducted for the purposes of diagnosis, ensuring safe safe ensuring diagnosis, of purposes the for conducted be may testing HIV Swaziland National Strategic Plan on HIV/AIDS on Plan Strategic National Swaziland Human Rights, Ethical Issues and HIV/AIDS in Swaziland: A Rapid Situational Appraisal Study Study Appraisal Situational Rapid A Swaziland: in HIV/AIDS and Issues Ethical Rights, Human (2000-2005), page 4. 4. page (2000-2005), provides as follows on the issue : 52 - - 56 56 the 7of Page for patients from taken blood surveys, sentinel or periodic of part as that, means testing unlinked and Anonymous 245. at 55 Ngwena, 54 the 8of Page 1991, Since the appropriate. as established, be will systems surveillance HIV/AIDS/STD other that and system surveillance sentinel HIV annual the of conduct the support to continue shall confined to research and surveillance. The isAIDS of but a disease, the iscases AIDS reporting notifiable anonymous. sphere. private the in and government the of those both laboratories, all in conducted testing HIV for measures assurance quality institute to aims government The centres. testing and counselling of voluntary the establishment is through also to be testing HIV increased tary Document will no longer apply. The that has confidentiality been informed lowed the individual after is al disclosure counselling, repeated even after partner of his/her notification to the consent to failed has or to notify failed has person person the HIV-positive and/or change, HIV-positive behavioural achieve appropriate the of counselling where cases in example, circum For certain stances. in allowed be may Disclosure themselves. infection of risk some stand and person infected the for care providing are who members family and/or professionals medical include would This told. be should provided be to care welfare social and for health order appropriate in know to need who those i.e. of appropriate, principle where The applies confidential. confidentiality kept shared be will results Test consent. informed and counselling The where arepersons unconscious and is for testing HIV considered their essential medical care. persons may be tested without their knowledge. HIV testing without consent can be undertaken for HIV all after haveidentifiers been removed from the This sample. is the only whereinstance be and will tested purposes, for other taken of a sample blood part i.e. and anonymous, linked quire pre- test counselling and informed consent. HIV testing for sentinel surveillance will be un- bemandatory. To ensure safe blood transfusions, HIVtesting will be mandatory and will not re not will for diagnosis testing HIV counselling. post-test after be only provided will results test voluntary,linked and confidential. Pre-test counselling and informed consent will be required and be will testing HIV diagnosis, of purpose the For research. and surveillance transfusion, blood other purposes is tested for HIV. for tested is purposes other Policy Document Document Policy also prohibits the use of test results for discriminatory practices. Access to volun to Access practices. discriminatory for results test of use the prohibits also Policy Document. Policy Policy Document. Document. Policy states further that HIV test for research purposes will require pre-test pre-test require will purposes research for test HIV that further states Policy Policy Document further provides that the government 54 This notification isThis notification Policy Policy - - - - Swaziland does not have a written constitution or a are there As not bill does a of no have constitution rights. con result, a Swaziland written 4.3.3 Patients’rights of programme a funded and HIV. of testing supported unlinked” and “anonymous Health, of Ministry the through has, government 58 Dr J. M. Kunene, Principal Secretary of the Ministry of Health and Social Welfare, in a press statement published in in published statement a press in Welfare, Social and Health of Ministry the of Secretary Principal 58 Kunene, M. J. Dr 57 the of 28 Page has Welfare Social and Health of Ministry The facilities. health public in treated are the patients that condition on infections opportunistic certain with Fluconazole patients those drug to free the providing (Diflucan) is Welfare, Social and Health of Ministry the with standing HIV/AIDS. with patients companies (including GlaxoSmithKline) pharmaceutical in various an with endeavour negotiations in to procureengaged is lowergovernment the However, pricedimporting. drugs for managing Document Policy drugs. subsidise to and suppliers medical and drugs of management the strengthen to necessary is it by HIV/AIDS, affected and infected those to counselling and treatment care, in According to the available.” made be will infections opportunistic for drugs treating of appropriate quantities Adequate will be port strengthened. and sup care to provide workers and social of health The capacity and AIDS. conditions lated HIV-re with to persons be will provided counselling, including for persons, care facility-based The 4.3.4 AccesstoessentialHIV/AIDSdrugs details. medical individual’s personal an to relating information of confidentiality ensure to health duty and a have doctors workers However, care HIV/AIDS. by affected are who or HIV for positive test that patients those towards specifically workers care and health of doctors behaviour the regulate to profession the medical within that exist There are guidelines no care services. ethical health private or public using when HIV/AIDS with living patients for rights guaranteed stitutionally dated 3rd December 2002, on page 15. page on 2002, December 3rd dated Policy Document on HIV/AIDS and STD Prevention Control Control and STD Prevention on HIV/AIDS Document Policy National Strategic Plan. Strategic National is silent on the issue of generic substitution, compulsory licensing and parallel parallel and licensing compulsory substitution, of generic issue the on silent is Swaziland National Strategic Plan for HIV/AIDS (2000-2005) 58 fie Lbrtre, hog a pca Mmrnu o Under of Memorandum special a through Laboratories, Pfizer 56
55
provides that: “Appropriate health health “Appropriate that: provides , to provide a continuum The Swazi Observer Swazi The 57 The The - - - -
21 HIV/AIDS and human rights in SADC SWAZILAND 22 HIV/AIDS and human rights in SADC SWAZILAND 62 62 71 the of Page the of 61 27 page See Programme, Development Nations 60 United The the 59 8of page See the of objectives the of One access. limits away, which far often are these but NGOs, and clinics the rural areas of Swaziland. According to a study 2002 by the UNDP, condoms are accessible in most urban areas but not in 4.3.6 Condoms the to conform must research • HIV/AIDS-related commit clearance relevant the from clearance ethical requires research • HIV/AIDS-related Control and Prevention the in contained are guidelines following The regard. this in guarantees legal formal no also are There research. HIV-specific in or general in periments ex medical in volunteers of rights the protecting place in guidelines no are there Currently, 4.3.5 Medicaltrialsonhumansubjects services. counselling and testing of voluntary establishment and the services of laboratory upgrading ongoing is the development capacity in this Included programme. (PMTCT) transmission of mother-to-child for a prevention in preparation for health development resources and human in infrastructure involved been years, of couple past the over have, partners development its and Ministry The available. is funding once to procurement rapid ensure understanding of memorandum a securing to view a with manufacturers drug other and Nevirapine, manufactures that company the Boehringer-Inglehelm, with consultation in been fected by HIV/AIDS by fected Subjects Human involving search and tees; Swaziland National Strategic Plan on HIV/AIDS HIV/AIDS on Plan Strategic National Swaziland Strategic Plan. Strategic Policy Document. Policy 2002, pages 27-28. pages 2002, Strategic Plan. Strategic to guide HIV/AIDS research and surveillance: and research HIV/AIDS guide to 60 In rural areas, condoms are supplied by Rural Motivators, Health . Gender-focused responses to HIV/AIDS in Swaziland - The needs of women infected and af and infected women of needs The - Swaziland in HIV/AIDS to responses Gender-focused Swaziland Policy Document on HIV/AIDS and STD STD and HIV/AIDS on Document Policy Swaziland is to “have accessible, affordable, high quality quality high affordable, “have accessible, to is International Guidelines for Biomedical Re Biomedical for Guidelines International 59 - - - - The S The 4.3.7 HIV/AIDSandthementallyill andandfor availability accesscondom distribution, to condoms female is to be increased. wide.” nation available condoms 65 Ibid, at 30-31. 65 30-31. at Ibid, the of 64 30 page See 21 Section Freedoms.” and Rights of Fundamental Promotion and “Protection is entitled which 4, in Chapter is found 63 of rights bill The persons. affected and infected for counselling continuous ensuring • and PLWHAs; for support positive on communities sensitising • PLWHAs; of rights the protect that policies developing • discrimination; and stigmatisation of eradication ensures that legislation enacting • discrimination: and stigma to respect with PLWHAs.” for environment enabling an and PlanStrategic on HIV/AIDS the of 3.5.6 Section stigmatisation. against protection and discrimination discrimination and some policy refer documents on to HIV/AIDS the rights of PLWHAs to non- such legislation as the certain Nevertheless, There is no special legislation in place that guarantees the right to equality and non- discrimination. 4.4.2 Specialisedlegislationonequalityandnon-discrimination debated. being currently is clause, equality an and rights of bill a with constitution, draft A constitution. final a have not does Swaziland 4.4.1 TheConstitutionandtherighttoequalitynon-discrimination Equality and4.4 non-discrimination goal. this realise should andinformation AIDS support. HIV/ appropriate to access have families their and people disabled that ensure must Welfare is the equality clause. The draft draft The clause. equality the is waziland National Strategic Plan on HIV/AIDS on Plan Strategic National waziland Strategic Plan. Strategic Constitution deals with stigma and discrimination and aims to: “create and and aims a discrimination to: stigma conducivewith deals 62 61 The is available at: www.constitution.org.sz/english/. at: available is To scheme marketing isa social there achieve objective, this Strategic Strategic Plan 65 63 Employment Act Employment Act
64 The The states that the Ministry of Health and Social Social and Health of Ministry the that states , however, does not outline how the Ministry Strategic Plan Strategic refers refers to employees’ to rights non- lists the following strategies strategies following the lists Swaziland National National Swaziland 68 United Nations Development Programme, Programme, Development 68 Nations United 67 the 7of Page the of 66 53 page See opportunities.” employment denied be not will he/she fit medically is employee an HIV-infected as long as For avoided. be will HIV with infected those against workplace the in Discrimination workplace. their at ees employee. Employees will be encouraged education to to provide their employ HIV/AIDS/STD would-be of the examination medical of pre-employment part be not will testing “HIV states: 4.7 Section workplace. the in HIV/AIDS as well as non-discrimination, and rights human ing, The issues. HIV/AIDS-related account into take to to by According study the 2002 the UNDP, is there a legislation labour need to review existing 4.5.1 HIV/AIDSintheworkplace rights Labour 4.5 recourse legal to seek due to HIV/AIDS discrimination from • suffer who persons supporting to right the especially individual, any as rights same the have PLWHAs that • guaranteeing fears unfounded removing at aimed programmes education and • information implementing The them. against discrimination the with deal of to the rights human promote to PLWHAs response and attempt lead a broad multi-sectoral Inof terms the HIV/AIDS. with living people against discrimination with deals and HIV/AIDS of prevention supports which enacted is legislation by the guided response multi-sectoral the Within through the appropriate channels. appropriate the through and non-discrimination; HIV/AIDS; about myths and (2002), at 18. at (2002), Swaziland Policy Document on HIV/AIDS and STD Prevention and Control and Prevention STD and on HIV/AIDS Document Policy Swaziland Policy Document. Policy Strategic Plan. Strategic Policy Document on HIV/AIDS and STD DocumentPrevention andPolicy on Control HIV/AIDS Human Rights, Ethical Issues and HIV/AIDS in Swaziland: A Rapid Situational Appraisal Study Appraisal Situational Rapid A Swaziland: in HIV/AIDS and Issues Ethical Rights, Human 66 68 Policy Document Document Policy
Strategic Plan Strategic , Parliament has to ensure that that ensure to has , Parliament recommends the following: the recommends , the government will deals with HIV test HIV with deals 67 - -
• encouraging employers to develop non-discriminatory HIV/AIDS policies; HIV/AIDS non-discriminatory develop to employers encouraging • employees; affected and infected to support and care providing • workplace: the in HIV/AIDS The 70 United Nations Development Programme Programme Development 70 Nations United the of 69 26 page See treat to medicines access to benefits certain dependants and members HIV-positive its offers Fund Aid Medical Swaziland The Fund. Aid Medical Swaziland the and Scheme Maintenance Health the Swaziland Aid Scheme, the Swazi-Medical include in aid Swaziland schemes Medical 4.5.2 HIV/AIDSandmedicalschemes law. of grounds the on appeals hear also may Appeal of Court The disputes. labour hear to jurisdiction inherent has Court High The Court. High the or Court Industrial bythe resolved are disputes Labour changes. lifestyle and medication appropriate recommend to team medical the enabled but employed, being from applicant the exclude not did result HIV positive a study, the to According counselling. proper after only and it, approved applicant the if examination, medical the of part as testing HIV employment UNDP, the by out carried study recent a In companies. for testing pre-employment on policy clear no is There include to interpreted status. be may HIV/AIDS status Social status. social or affiliation political extraction, clan tribal origin, or national status, person marital colour, any race, of grounds the on against employees between discriminate not employee, an and himself between employment of the of 29 Section testing. and counselling voluntary in confidentiality ensuring • and legislation; labour in issues HIV/AIDS of inclusion for advocating • page 19. page Swaziland National Strategic Plan for HIV/AIDS for Plan Strategic National Swaziland Strategic Plan. Strategic 70 Employment Act Employment it was found that only one large company occasionally carried out pre- out carried occasionally company large one only that found was it 69 Human Rights, Ethical Issues and HIV in Swaziland: A Rapid Situational Appraisal Study Appraisal Situational A Rapid Swaziland: in HIV and Issues Ethical Rights, Human of 1980 of provides that an employer shall, in any contract contract any in shall, employer an that provides recommends the following with respect to to respect with following the recommends (2002),at (2002),at
23 HIV/AIDS and human rights in SADC SWAZILAND 24 HIV/AIDS and human rights in SADC SWAZILAND 74 United Nations Development Programme, Programme, Development Nations 74 United anonymous. remain to 73 the wishes 10 of who Page Corporation, Insurance Swaziland Royal the of member astaff with interview an to 72 According 2003. Fund, Aid Medical Swaziland 71 counselling. post-test and pre- without done be not shall policy insurance an obtaining for testing HIV (2) insurance. to cess that: states HIV/AIDS, and industry insurance The whilst for groupsis testing HIV required for aing policy 000.00, E25 exceeding E100 000.00. E100 With respect to 000.00. Level Term Insurance, HIV testing is required for a policy exceed requiredSwazilandthebyRoyal Insurance CompanyMortgageProtectionafor Policy exceeding Further, testing for HIV is not necessarily restricted to life insurance policies. An HIV test is also are investment policies and Unit Trusts. There are no HIV/AIDS-specific life insurance policies. to applicants that test HIV positive. The only alternative schemes for people living with HIV/AIDS insurance life refuse usually companies Insurance results. test HIV the relates doctor personal There is no provision for pre- and post-test counselling in the insurance industry. The applicant’s fund. life bythe faced risk the minimise to designed standards underwriting industry’s on the depends used criterion The considered. is application the before test HIV the undergo to requested is could applicant that that HIV-related, ailments be from suffering been has applicant the that indicates example, record for medical If, the record. medical client’s the on depending amounts may smaller for testing HIV required and be 000-00 E25 exceeding amount any for required is testing HIV (RSIC), AIDS.Insurance companies generally require testing. At the Royal Swaziland Insurance Company HIV/ with to people of life insurance the granting regulating provisions are There no legislative 4.5.3 InsuranceandHIV/AIDS and pneumonias serious tuberculosis. certain as such infections opportunistic prevent to treatment and injury, needle-stick or rape after ARVs transmission, mother-to-child prevent to drugs HIV, by HIV/AIDS HIV/AIDS by Swaziland Policy Document on HIV/AIDS and STD Prevention and Control and Prevention STD and HIV/AIDS on Document Policy Swaziland (2002), at page 2. 2. page at (2002), Policy Document. Policy 71 Gender-focused responses to HIV/AIDS in Swaziland: The needs of women infected and effected effected and infected women of needs The Swaziland: in HIV/AIDS to responses Gender-focused 73 (1) Persons with HIV shall not be denied ac denied be not shall HIV with Persons (1) , in reference to the the to reference in , 72
- - arypractices that result in women being subordinate and submissive to men. These include prac Women have minority status under both the customary law and civil law. There are also custom 4.6.1 Legalstatusofwomenandtherole ofculturalpractices Gender rights4.6 78 Page 74 of the draft The 77 also See 76 422. of SLR 1970-76 abuse sexual the encourage that practices cultural negative as seen be can practices these that mentioned be 75 however should It as well as on and access to HIV transmission, counselling avail information and comprehensive The Affairs. Home of Ministry by the to be as pursued one and of polygamy the strategies marriages forced on inheritance, customs HIV/AIDS on Plan Strategic women. of rights basic the protect to place in legislation no is There 4.6.2 Legislation andpoliciesprotecting womenandthemostvulnerablein that the act of smearing determines whether a valid marriage exists. Thus, the Swazi practice was upheld. woman smeared with red ochre as a sign of establishing a Swazi customary marriage, whether or not of practice the is court in challenged been has that practice One practices. these for Moreover, popular media such as the radio programme there is because traditions. a Swazi that they practices feeling these are or important eradicate by young girls). virginity to indicate tussles woollen of wearing (the umcwasho and men), of young regiment (age lusekwane girls, of young testing virginity of in HIV study: the spread the in curbing to were be found positive practices cultural women. to HIV of spread the to contributing as viewed were practices these kungenwa tices young girls in particular, and thereby spread HIV. spread thereby and particular, in girls young Strategic Plan Strategic which allow men to have multiple sexual partners, polygyny, land ruled that smearing a woman with red ochre is an essential part of a Swazi marriage and society consents to such marriage. In the case of case the In marriage. such to consents (widowand inheritance), Constitution Strategic Plan in Section 21 recognises that all people are equal and gender is listed as a grounds for non-discrimination. for agrounds as listed is gender and equal are people all that 21 recognises Section in identifies the need for special efforts to increase women’s to increase access to accurate the need efforts for special identifies . The same sentiment is expressed in the 1998 R v Timothy Mabuza and another and Mabuza RvTimothy specifically identifies the need to review cultural norms, values and and values norms, cultural review to need the identifies specifically 78
umhlanga 1979-81 SLR 8. SLR 1979-81 (the reed A dance). study by the UNDP found that Policy Document on HIV/AIDS and STD Prevention and Control, R v Fakudze and others and Fakudze v R 75 No measures have been taken to change to have change taken been No measures Khala Mdumbadumbane kwendziswa kutekwa 77 The S The , whereby a womana whereby, (arranged marriages), , 76 the High Court of Court High the strongly advocate waziland National National waziland 74 The following following The at page 9. the the is - - -
83 Sections 41 -44. 83 Sections &45. -40 32 82 Sections 81 5. Part 1889. 6of No. 80 provision the for measures that effect to the 2002 on 1 December statement a press issued Welfare Social and Health for 79 Minister The 1983. in tried was offence last The afine. or imprisonment is penalty possible The relationship. sexual a in engaging sex same the of men prohibits and females and males both to applies sodomy of offence criminal law common the There is no specific legislation prohibiting homosexual relationships in Swaziland. Never 4.6.5 HomosexualityandHIV/AIDS years. two for imprisonment or of R600) equivalent (the Emalangeni a of for 600 fine on conviction liable and of an offence guilty be shall place such or about in out carried be to prostitution allows or knowingly place, ment poses a male from living on the earnings of prostitution, control. or her his under or women girls keeping and by collecting and to operate as a prostitute boss, i.e. as a man or woman who manages a businessto engageof in prostitutionprostitution in public. Sex work is illegal in Swaziland under the 4.6.4 Commercial sexworkers situation. this addressing policy or legislation no is There of to HIV infection. chances women who their to have in minimise raped been an effort drugs of anti-retroviral in the administration to place ensure no measures are There currently 4.6.3 AdministeringARVs torapesurvivors women. on negatively impact that traditions cultural and religious of review the and programmes; care health primary into integrated be to services health reproductive of component a major as services care and tion preven STD and HIV/AIDS relationships; sexual in position negotiating their improve to der or in making decision for building capacity and assertiveness self-esteem, increase to women for training targeted condom; female the including risk, women’s minimise to resources able of anti-retroviral drugs will be put in place as from 2003. 2003. from as place in put be will drugs anti-retroviral of ofprostitution. ofaplace of public resort and who knowingly permits pimps or prostitutes to frequent such 85 The Act 86 There is no move towards the decriminalisation of sex work. sex of decriminalisation the towards move no is There provides thatany person whoisthe keeper orhasthemanage 81 The Crimes Act Crimes Act 84 , or loitering in a public place or resort for pur makes it a criminal offence to keep a brothel, 80 79 which determines that it is a criminal offence 83 The The Act further prohibits prohibits further theless theless 82 - - - -
father children on her behalf. The judgment confirming the legality of this ancient practice of practice on this ancient the children her legality father behalf. confirming The judgment ( price” “bride pays who the and woman the a marriage, contract a that ruled Swaziland of marriage between two lesbians was state valid. the According in to Swazi tradition, judge two women a can 1992 lawfully “In Swaziland: in relationships lesbian of the Behind Mask 89 Page 11 of the 11 the of Page 89 http://www.mask.org.za/SECTIONS/AfricaPerCountry/ABC/swaziland/swaziland_index.html. at Available 88 www.mask.org.za 87 47. Section with together read 50 Section 86 49. Section 85 45. 84 Section orphan an of development the recommends Plan Strategic the pursued, be to strategies the the of 3.6.2 Section of terms in filled ful needs basic their have orphans all that ensure to programmes develop to aims Swaziland orphans.” for facilities caring proper maintain and establish to supported be will NGOs and institutions Whenev discrimination. members of extended suffer families will be not encouraged and assisted will to care and for orphans. Government orphans other as facilities same tive to receive the love, care and education requisite for growing into responsible adults and produc faced by of recognises as the Swaziland orphans theydifficulties grow up and the need for them P The 4.7.1 Healthcare, orphans andHIV/AIDS 4.7 Children’s rights consent.” their gave women was both of and parents the as long so valid custom, and law Swazi to according new not was arrangement an such that stated plaintiff, the of favour in ruling Mngomezulu, Judge hearing. the during revealed not was name wished to marry. toHer brother was have children offor the task fathering the woman, whose Tribunal, had given as been the that cattle (no relation) National Mngomezulu Mbalekelwa Lubuli the of President the before evidence gave Mngomezulu Ms cows. issued following a trial in which Thalita Mngomezulu had accused a man of defrauding her members of society. Children who become orphans as a result of HIV/AIDS will enjoy the the enjoy will as a of HIV/AIDS result orphans who become Children of society. members olicy Document on HIV/AIDS and STD Prevention and Control and Prevention STD and HIV/AIDS on Document olicy 89
Policy Document. Policy , 87 a website on gay and lesbian affairs in Africa, reported the following in areported terms website inon Africa, gay andaffairs lesbian Swaziland National Strategic Plan on HIV/AIDS on Plan Strategic National Swaziland states that: “The government government “The that: states 88 lobola ) can delegate a to man ) delegate can lobola for a woman er appropriate, appropriate, er . Amongst Amongst . of of four was was she - -
25 HIV/AIDS and human rights in SADC SWAZILAND 26 HIV/AIDS and human rights in SADC SWAZILAND 93 Page 33 of the the of 33 Page 93 the of 3.4.3 Section 25, page See 92 the of 25 page 91 See the of 32 Page 90 of drafting process is in the Swaziland status. of HIV because solely or murder of assault case law. is no There known criminal Swaziland’s within provisions specific are no There HIV/AIDS Criminal4.8 law and HIV/AIDS status. HIV his/her of basis the on school to access refused was achild whereby the with collaboration in (SHAPE) Schools close Education and Population in AIDS/HIV Health, undertaken is This HIV/AIDS. on peers their sen sitise to effort an in children by formed are which schools, within clubs anti-AIDS are There students. and parents teachers, for campaigns awareness HIV/AIDS Teachers’ support to National Association Swaziland from the ing provides for the of distribution condoms at secondary, high schools and the university. Accord sector. education the in HIV/AIDS on developed be should and guidelines policies that and schools in levels all at curricula all into mainstreamed be should issues of higher learning curricula. Plan for2000-2005 HIV/AIDS the of terms in Swaziland by followed be to strategies the of One 4.7.2 HIV/AIDSandtheeducationalsystem expense. government’s the at therapy anti-retroviral to access have not do feeding. infant and MTCT on policy develop and treatment available to the of one also the of is objectives MTCT of prevention The HIV. of (MTCT) transmission mother-to-child reducing of possibility the at looking is Welfare Social and Health of Ministry the Currently, programmes. orphan effective facilitate to Welfare Social and Health of Ministry the of by a representative chaired team orphan an of establishment the and policy to the Strategic Plan Strategic Plan. Strategic Strategic Plan. Strategic Strategic Plan. Strategic Swaziland National Strategic Plan for HIV/AIDS for Plan Strategic National Swaziland , it is the Ministry of Education’s responsibility to ensure training of trainers Strategic Plan. Strategic 92 is the inintegration of schoolpre-school, HIV/AIDS and institution Furthermore, Section 3.6.6 Section of Furthermore, the 94 . There case has been no reported , which aims to facilitate access access facilitate to aims which , Strategic Strategic Plan Swaziland National Strategic Strategic National Swaziland 90 93 91 The The At present, children children present, At states that states gender Strategic Plan Strategic Schools Schools also also - -
4.9 HIV/AIDS and HIV/AIDS prisons4.9 rapists. HIV-positive for sentences harsher for providing legislation no currently HIV/AIDS. transmitting knowingly for penalties include will that bill health public a 97 Pages 10-11 of the 10-11 the of Pages 97 the of 93 Page 96 UNDP See 95 the of 66 page See 94 status. HIV/AIDS their of regardless together kept are prisoners All drugs. retroviral do not prisoners have as access to HIV-positive to prisoners. anti- the of number HIV-positive statistics no are There prisons. for education and testing HIV on policy national no currently is There law sodomy, common offence. is they will be which a promoting condoms, punishable distributing by that believe authorities prison because HIV/AIDS. of accessible not are dangers condoms However, the on information receiving are prisoners that appears it Currently • and against; discriminated be not must positive HIV be to known inmates • • prevention HIV-related to access with provided be must families their and • staff inmates, prisoners: of terms in lines The confidentiality. maintain • and STDs; of treatment proper provide • inmates; as well as families, their and officers to condoms distribute • inmates; of overcrowding prevent • families; their and officers inmates, to HIV/AIDS on education provide • following: the undertake to required is Services Correctional of Department The should AIDS be terminal with inmates considered forrelease. early possible compassionate measures should be taken to protect prison inmates from rape, sexual violence care; and and coercion; treatment counselling, and testing voluntary education, information, Policy Document on HIV/AIDS and STD Prevention and Control and STD Prevention on HIV/AIDS Document Policy Human Rights, Ethical Issues and HIV/AIDS in Swaziland: A Rapid Situational Appraisal Study Appraisal Situational ARapid Swaziland: in HIV/AIDS and Issues Ethical Rights, Human Strategic Plan. Strategic Policy Document. Policy Strategic Plan. Strategic 97 recommends additional guide additional recommends (2002), page 37. page (2002), 96 95 There is is There - • Firstly, the HIV/AIDS responses in the various countries from the reporting of case the first from the reporting • countries in the various responses the HIV/AIDS Firstly, highlighted: be should trends general Three rights. human included not have responses governments’ the where recommendations make and identify to secondly, and approach, rights-based human a of adoption the with assist can which exist already that principles rights human those identify aim is the to Firstly, be analysed. should reports country the that background this It is against rights. to policy from move to guidance offers OHCHR and UNAIDS the though even approach, rights-based a than rather HIV/AIDS, to approach policy-based a with operate still countries most that It is clear also legislation. domestic into obligations treaty to incorporate in if not have efforts most, all, of Clearly, surveyed yet the 8 countries SADC Observations. these Concluding on commented often have bodies monitoring treaty the and reports, their state in HIV/AIDS address to undertook they that measures the included have states Some by HIV/AIDS. or affected with living of people situations to the apply will treaties in major the provisions and specific do exist, and guidelines resolutions relevant treaties, or regional tional in has not any included been interna HIV/AIDS has shown although that project This research 5. CONCLUSIONS AND this development from short-term plans to multi-sectoral strategic frameworks was also was frameworks strategic multi-sectoral to plans short-term from development this policies on HIV/AIDS to give effectnational to thefurther goals adopted in the Mozambique strategicand frameworks.Namibia ToAfrica, varyingSouth degrees,except all and HIV/AIDS on frameworks strategic national adopted by countries the end of all eight the 1990s. Thus, countries the by all adopted approach multi-sectoral the heralding ultimately 1990s, to late issues of blood screening. This followedwas by one inorplans the moremid- medium-term on mainly focused which plan, short-term a through response the co-ordinated Health of the Ministry in country each Initially, approach. a followed has similar in very the mid-1980s RECOMMENDATIONS HIV/AIDS and Human Rights – International Guidelines International – Rights Human and HIV/AIDS -
• Thirdly, where legislation does address HIV/AIDS issues, it tends to be limited to the areas the to limited be to tends it issues, • HIV/AIDS address does legislation Thirdly,where addressing in that overwhelmingly indicate analysed frameworks legislative • the Secondly, discourse. HIV/AIDS the in provisions rights human of inclusion gradual a by accompanied testing and secures medical benefits for HIV-positive employees. These efforts with respect respect with efforts These employees. for HIV-positive benefits medical and secures testing pre-employment prohibits status, HIV of basis the on discrimination outlaws that islation leg workplace adopted have Zimbabwe and Africa South Namibia, Mozambique, epidemic. the ages of 19 between people andthe by which is45 the ageyears, group is hit that hardest governments have attempted to secure economic stability by focusing legislation, on labour of the terms In behaviour. “economic their active,” by criminalising society, in stigmatised ready al are that groups workers, sex commercial and homosexuals targeted have governments homosexuality), to relation (in Africa South of exception the With future. near the in suit of have HIV.and that they will Zambia declared follow Swaziland transmission the deliberate criminalised also has Zimbabwe whilst offenders, sexual HIV-positive of sentencing harsher South Africa and Namibia, Zimbabweswana, have amended Bot their criminal laws to provide for disease. the of spread the over “control” of model a on based disease the “contain” law.labourcriminalandlawofCountries to inclinedpromulgate are to trycriminal laws that legislation. domestic into by treaties rights human minimalised ratified transform to further reluctance are states’ rights human to respect with Obligations rights. enforceable specific few have HIV/AIDS by affected or with living people Thus, courts. the in enforced be cannot generally and binding legally not are interventions government that means This legislation. than rather guidelines, or codes policies, introducing by respond to elect states or infected, of affected those to the rights protection and affording epidemic, the HIV/AIDS 1994. in Malawi and Africa South both by and 1990, in Namibia by adopted were constitutions new example, For rights. of bill a with to an in with adopt new trend overall the This constitutions coincided countries SADC - - -
27 HIV/AIDS and human rights in SADC SWAZILAND 28 HIV/AIDS and human rights in SADC SWAZILAND • Governments should ensure that national strategic frameworks and policies address the needs this workplace, the for legislation HIV/AIDS-specific developed • not have countries Where on the of grounds should HIV status discrimination prohibiting legislation • HIV/AIDS-specific • shouldCountries develop the ofprotecting rights legislation volunteers in test medical trials and pre- testing, HIV voluntary on policy national separate a develop should • Countries to security and assistance social on legislation national revise • and review should Countries and domesticate obligations treaty and regional • international with comply should Countries two every revised (usually policies • and national frameworks strategic the current In revising the complement to policy HIV/AIDS national a developed not have that • countries Those recommended: are To guide governments toward a more inclusive human-rights-based response, the following steps the provisions of these treaties through national legislation. national through treaties these of provisions the stigmatisation. and discrimination mention merely a frameworks be most Currently, should priority. spheres/sectors all in provisions rights human of inclusion the years), five or so. do should framework strategic national spheres. all in rights human guarantee to attempt an with rather but ment, to labour rights are commendable; however, governments’ efforts should not end with employ of the mentally ill and the disabled. Currently, only Botswana has undertaken a programme a programme undertaken has Botswana only Currently, disabled. the and ill mentally the of HIV/AIDS. on programmes educational and information to access have employees that ensuring and employees, HIV-positive of needs special the for cater that benefits medical offering testing, HIV of pre-employment prohibition employees, HIV-positive against non-discrimination as such issues on focusing a priority, made be must spheres. all for developed be patients. HIV-positive against discrimination prohibiting specifically services, care health public and private by patients HIV-positive of the treatment also regulate should of Legislation ingnew and HIV drugs vaccines. the effects confidentiality. shared of principle the avoid and status), his/her of partner person’s an HIV-positive informing as (such confidentiality affecting factors and counselling post-test with AIDS. This would avoid the difficulties of interpreting claims in terms of disability grants. livingpeopleand AIDS, withpeople forcaring families orphans, provideAIDS specificallyfor - - • Governments need to focus on the provision of HIV/AIDS medicines. The focus to date has has date to focus The medicines. • HIV/AIDS ofprovision the on focus to need Governments treat and rights the on legislate to need states exist, already not does • legislation Where • Heads of state need to take an active lead in the lobbying and reform efforts regionally and and regionally efforts reform and lobbying the in lead • active an take to need state of Heads • The lack of capacity to develop appropriate legislative frameworks has been invoked by states to The and other prisons. • on HIV/AIDS policies have specific Africa and South Botswana Only homosexuality. and work sex commercial decriminalise to taken be should Steps • HIV of risk their increase and society in position vulnerable a in women • put that Practices be should men and women in infection HIV of risk the increase that • practices Customary • on HIV-positive ways the of issue of addressing investigate restrictions should Governments • shouldLegislation be promulgated to regulate public and private medical schemes in an effort been on negotiations with pharmaceutical companies for price reductions. The possibility of The possibility for price reductions. companies pharmaceutical with on been negotiations circumstances. difficult in children and children orphan of ment to haveand education ensure information. that disabilities people with access to HIV/AIDS internationally. providing a general framework for states to develop aexplain specificthe legislative legislative impasse. A comprehensive response model code to on theHIV/AIDS pandemic.should be developed, infections. opportunistic for treatment to access and distribution, condom prisoners, of non-segregation counselling, and testing voluntary STDs, and HIV/ AIDS on education of dissemination the include addressed be should that Issues prisons. and on HIV/AIDS or legislation policy a separate adopt should country every infection, HIV of risk the increase that prisons in prevailing conditions special the with but frameworks, strategic or policies national their in guidelines some included have study this in countries rights. women’s secure to adopted be must legislation and priority a made be should – laws inheritance restrictive and violence domestic as such – infection practices. degrading) and (inhuman and harmful against legislating alternatives, ultimately suggesting practices, such of dangers the about communities sensitising addressedthrough a comprehensive approach, including involving traditional leaders and healers, insurance. life granted being and for applying persons excluded. or against discriminated not are HIV/AIDS with living people that ensure to (TRIPS) Rights Property Intellectual of Aspects WTO’s the under for allowed exceptions The attention. much received not has substitutes generic of (production) importation and licensing compulsory should be exploited fully. exploited be should Agreement on Trade-Related Trade-Related on Agreement - • • law Case 6.2 Guidelines -International Rights Human and HIV/AIDS OHCHR, and UNAIDS • Infec Related Other and Tuberculosis HIV/AIDS, against Fight • the for Action for Framework Abuja Diseases Infectious Related Other and Tuberculosis HIV/AIDS, on Declaration 2001 Abuja • on Declarations OAU of Status Implementation the of • Reporting Regular on 1996Resolution OAU Africa, in Child the and AIDS on Tunis Declaration • SADC in Employment and HIV/AIDS on Code • • Framework Policy Sector Health SADC • 2000-2004 for Framework HIV/AIDS SADC • Protocol Health SADC • HIV/AIDS on Declaration SADC • 1889 6of No Act, Crimes • • August Control, and Prevention STD and HIV/AIDS on Document Policy • 2000-2005 HIV/AIDS for Plan Strategic National • 6.1 6. BIBLIOGRAPHY Principles to Guide Negotiations with Pharmaceutical Companies on Provision of Drugs for Treat for Drugs of Provision on Companies Pharmaceutical with Negotiations Guide to Principles 1907 4of No. Proclamation, Administration General R v Timothy Mabuza and another and Mabuza R vTimothy others and R vFakudze Diseases tious Africa in HIV/AIDS Countries SADC in Conditions HIV/AIDS-Related of ment Legislation and documents policy 1970-76 SLR 422 1970-76 SLR 1878-81 SLR 8 SLR 1878-81 , 2000 , 1997 1994 1998 , 1996 - - 6.3 Books and articles Books 6.3 • • • • • UNAIDS • Internet6.4 sources • and UNICEF WHO, UNAIDS, • UNDP, al, et C. Okpaluba, • • UNDP, T Behind the Mask: Mask: the Behind Swaziland. of Constitution Draft unaids.org/barcelona/presskit/barcelona%20report/annex1.html files/Africa_Eng.html World Fact Book 2002 Infections Stud HIV/AIDS by Affected able of Country-specific HIV/AIDS Estimates and Data, end 2001 end Data, and Estimates HIV/AIDS Country-specific of able y, 2002 Gender Focused Responses to HIV/AIDS in Swaziland - The Needs of Women Infected and - in of Swaziland The Needs Women Infected to HIV/AIDS Responses Focused Gender Human Rights, Ethical Issues and HIV/AIDS in Swaziland: A Rapid Situational Appraisal Appraisal Situational Rapid A Swaziland: in HIV/AIDS and Issues Ethical Rights, Human , 2002 Update , 2002 Fact Sheets - HIV/AIDS in Africa. in HIV/AIDS - Sheets Fact http://www.mask.org.za Human Rights in Swaziland: The Legal Response Legal The Swaziland: in Rights Human . Available at: http://www.cia.gov/cia/publications/factbook/geos/bc.html , 2002 Epidemiological Epidemiological Fact Sheets onand HIV/AIDS Sexually Transmitted Available at: http://www.constitution.org.sz/english/ at: Available Available at: http://www.unaids.org/fact_sheets/ at: Available . Available at: http://www. at: Available . , 1997
29 HIV/AIDS and human rights in SADC SWAZILAND ANNEXURE: HIV/AIDS and human rights in SADC – summary of findings
Botswana Malawi Mozambique Namibia South Africa Swaziland Zambia Zimbabwe
Form of Constitutional Constitutional Semi-presidential Constitutional Constitutional Absolute monarchy Constitutional Constitutional government democracy democracy constitutional democracy democracy with no Constitution democracy democracy democracy HIV/AIDS and human rights in SADC SWAZILAND Domestic legal English Common law English Common law Civil or Continental English Common law Roman-Dutch law and Roman-Dutch law and English Common law Roman-Dutch law and 30 system and Roman-Dutch law law system inherited and Roman-Dutch law English Common law Swaziland customary English Common law from Portugal law National HIV/AIDS 2003-2009 NSF refers 2000-2004 NSF refers 2000-2002 National 1999-2004 National 2000-2005 HIV/AIDS/ 2000-2005 Swaziland 2002-2005 National 2000-2004 NSF Strategic Framework to human rights to human rights Strategic Plan to Combat Strategic Plan on HIV/ STD Strategic Plan for National Strategic Plan HIV/AIDS/STI/TB provides for human (NSF): time frame, STDs/HIV/AIDS makes AIDS (MTPII) refers to South Africa refers to for HIV/AIDS refers to Intervention Strategic rights human rights almost no reference to human rights human rights human rights Plan refers to human provisions human rights rights National HIV/ 2002 National AIDS 2002 Draft Malawi None None None 1998 Swaziland Policy 2002 National HIV/AIDS/ 1999 National HIV/AIDS AIDS Policy: human Policy refers to human National HIV/AIDS Policy. Document on HIV/AIDS STI/TB Policy refers to Policy refers to human rights provisions rights Policy refers to human and STD Prevention and human rights rights rights with emphasis on Control refers to human rights based approach. rights HIV/AIDS Yes None None Yes Yes None None None jurisprudence HIV/AIDS specific Yes. (In realm of None Yes (Labour law) Yes Yes None Yes Yes legislation1 criminal law) Government aware- Yes Yes Yes Yes Yes Yes Yes Yes ness of UNAIDS guidelines on HIV/ AIDS and human rights Social security and No specific assistance No special provisions No special provisions Social assistance is PLWHA can qualify for No special provisions, No special provisions, No special provisions, PLWHA is provided for PLWHA. are made to cater for are made to cater for provided for PLWHA a disability grant in terms NSF however refers to do qualify for assistance do qualify under general Revising the National the social assistance the social assistance in terms of a disability of the Social Assistance access to social services applicable to all Social Security Act. Destitute Policy to cater needs of PLWHA. needs of PLWHA. grant and a special Act. In August 2002 the for PLWHA. Zambians. for PLWHA and orphans grant for HIV/AIDS National Guidelines for does form part of the orphans. Social Services to Children NSF for 2003-2009 Infected and Affected by HIV/AIDS were published.
1 None of the eight countries that formed part of the study have a comprehensive HIV/AIDS specific law in place. This section was answered in reference to sections of existing or new legislation that included specific reference to HIV or AIDS. 4 HIV/AIDS. and Law 110. Ethics, article on under Network funds of 3 Botswana availability the to subject are and binding themselves in not are Policy State of Principles Directive 2 The and Constitutional HIV of Rights a as HIV/AIDS Constitutional notifiable disease notifiable health to right the of protection discrimination non- and equality of protection legislative patients positive Haindongo Nghidipohamba Nanditume v Minister of Defence of vMinister Nanditume Nghidipohamba Haindongo discrimination exists. discrimination addressing legislation special No ground. alisted not is HIV list). (non-exhaustive non-discrimination stitutio 15 of the Section pipeline. the in is policy Bonera to according profession, health the within currently exist guidelines specific HIV No No None Botswana n lists grounds for Con 3 - a Case No. LC 24/98. No. Case discrimination exists. discrimination addressing legislation special No ground. alisted not is HIV list). (non-exhaustive non-discrimination stitutio of the 20 Section 2002. of Policy HIV/AIDS National draft the in foreseen is it but currently exists protection special No 2002. of Policy HIV/AIDS National draft the in foreseen is it although No, Constitution the of 30(2) section development, to right the in incorporated is services health basic to access Equal M alawi n lists grounds for . Con -
covered by the law. the by covered is HIV/AIDS and employees candidate and employees against cally with discrimination specifi deals 5/2002 no Law ground. not a listed is HIV list). (exhaustive non-discrimination stitution 66 of the Section Plan Strategic National 2002 the in foreseen are workers health for guidelines Ethical No place. in law the to subjected health to right the Constitution the of 94 Article Mozambique . lists grounds for guarantees guarantees 2000- Con - - as a fundamental right. afundamental as not and policy state of amatter as but health tution the of 95 Article Namibia ruling on exclusion. on ruling Court Labour the see status, HIV include not does it Although employment. in non-discrimination of Act Labour the of 107(1) Section ground. alisted not is HIV list). (exhaustive non-discrimination for stitutio 10 of the Section (non-binding) HIV/AIDS on a and guidelines specific HIV No refers to public public to refers Namibian Charter Charter Namibian n lists grounds grounds lists lists grounds grounds lists exist. exist. Consti Con 4 - - Constitution the of 27(1)(a) Article Africa South for non-discrimination. for aground as status HIV including of possibility the for provides 34 section 2000, of Discrimination Unfair of Prevention and Equality of Promotion discrimination: non- on legislation Specialised ground. alisted not is HIV list). (non-exhausted non-discrimination for Con the of 9(3) Section HIV and Ethics Rights, Human on Guidelines AIDS or Patients with HIV Infection the on guidelines HPCSA 2001 the by Protected No stitutio Management of of Management and the the and n lists grounds . A ct SAMA SAMA no 4 no .
considered. being are rights of a of drafting the around negotiations although a have not does Swaziland None Yes Constitution anew of drafting the Constitution Swaziland Constitution Constitution is suspended, is underway. with a bill abill with
tion exists. tion discrimina addressing legislation special No ground. alisted not is HIV list). (exhausted non-discrimination for stitutio of 23 the Section provisions. special No Yes 1X the of Part in incorporated Policy State of Principles the under for provided is care health to right The Zambia n lists grounds grounds lists Constitution Directive Directive Con - . - 2
the workplace. workplace. the in status HIV of basis the on discrimination prohibits 1998 of Instrument Statutory ground. alisted not is HIV list). (exhausted non-discrimination for stitutio of 23 the Section Charter (non-binding) the within Provisions No None Zimbabwe n . lists grounds grounds lists Patient’s Patient’s Con 202 202 -
31 HIV/AIDS and human rights in SADC SWAZILAND 32 HIV/AIDS and human rights in SADC SWAZILAND 5 Mngomezulu case discussed on http://www.mask.org.za/SECTIONS/AfricaPerCountry/ABC/swaziland/swaziland_index.html. on discussed case 5 Mngomezulu same of Legality of com- Legality Existence of cultural and HIV/AIDS pro- Legislative the and HIV/AIDS sex relationships sex work sex mercial hance spread of HIV en- that practices policies insurance in medical schemes PLWHA of tection employment testing pre- and ination workplace: discrim- Illegal Illegal Yes all. at not or premiums higher at companies by determined PLWHA for policies No legislative regulation, No testing. HIV ment on pre-employ- visions pro- are no legislative there and status HIV of ground the tion on not address discrimina does legislation Labour Botswana - Illegal Illegal Yes people). positive to HIV granting of life insurance (no company private the to up is policies of issuing the protection, legislative no Currently No testing. on pre-employment HIV provisions no legislative HIV status and there are of ground the tion on not address discrimina does legislation Labour M alawi - pre-employment HIV HIV pre-employment employment and prohibits in status HIV of ground the on discrimination outlaws 5/2002 no Law Mozambique Illegal Illegal Yes PLWHA. cover not do policies insurance life of the insurance industry, No legislative regulation No testing. of the the of implementation the for Act 112 Labour the of gated in terms of section Guidelines were promul- Namibia Illegal Illegal Yes of the insurance industry. No legislative regulation scheme. benefit AIDS for Aid the of terms in protection policy Plan Health the although No, HIV. for testing pre-employment and status HIV on ination discrim- outlaws lines of HIV/AIDS. The guide- the of provisions relevant of application for and Employment in HIV/AIDS Labour Act National Code on on Code National provides provides in respect 2002 2002
discrimination. HIV HIV discrimination. non- for aground as status HIV lists 1998 of Act Equity ment 6 of the Article Africa South Legal Illegal Yes insurance. of amount the limit or do it at higher premiums do offer special packages that companies Those positive. HIV test who not be granted to people will insurance life that Protocol Association’s Office’s Life The of the insurance industry. No legislative regulation Yes 50(4). section of terms in Court Labour the by justifiable unless 7(2) section by prohibited is employee an of testing clearly states states clearly HIV Testing no 55 55 no Employ- to 1992 judgment. 1992 to according legal seems Lesbianism 1983. in tried case last sodomy, of offence law mon Illegal according to com- Illegal Yes of the insurance industry. No legislative regulation No testing. HIV pre-employment on provisions no legislative HIV status and there are of ground the on tion discrimina- not address does legislation Labour Swaziland 5 Illegal Illegal Yes of the insurance industry. No legislative regulation No candidates. positive HIV recruit not do and tests HIV requires Force Defence The testing. HIV ment on pre-employ- visions pro- are no legislative there and status HIV of ground the on tion discrimina- not address does legislation Labour Zambia Illegal Illegal Yes industry. insurance the of regulation legislative No No non-discrimination. for as a ground status HIV ment Bill Amend- Relations Labour of employment. offer the to a precondition where fitness for work is except required be not ployment testing should pre-em- that and states workplace the in status HIV on based ination of 1998 prohibits discrim- Instrument Statutory Zimbabwe of 2001 includes 202 202 6 Page 15 of the 15the of 6 Page most the and women protecting policies and legislation around discussions or distribution access to drugs, the essential HIV/AIDS rights of volunteers in medical trials, condomHIV/AIDS analysing areas certain for study the of findings the all to as conclusive not is above table The and HIV/AIDS Criminal in education HIV separation and condoms testing, tion, educa prisons: AIDS HIV/ on legislation schools in discrimination non- schools: Mozambique National Strategic Plan on HIV/AIDS on Plan Strategic National Mozambique - families their and Staff Prison for Manual Procedure and a and inmates for AIDS/STD Policy, Delivery Care Health prisons in education and testing HIV on Policy place; in are policies following The 1998. of (Amendment) the of terms in rapists positive HIV for sentencing Harsher HIV/AIDS. on Policy Plan the Education AIDS HIV/ 1998 the in for provided is teachers) and pupils (for education HIV/AIDS Botswana National Strategic Strategic National and the the and a HIV/AIDS Policy Policy HIV/AIDS . Policy on HIV/ on Policy National National National National Penal Code Code Penal Act Policy on on Policy No 5 No , the , the ,
condoms. of distribution the and segregation of prisoners non- counselling, and testing as voluntary such issues Addressing Policy HIV/AIDS National draft 2002 the in found is prisons to reference only the prisons in HIV/AIDS on policy official No ing or aggravating factor. status only as a mitigat- HIV apply to and codes criminal specific HIV not and law criminal generic of use the Policy 2002 the rather law criminal provisions in the Malawi specific HIV/AIDS No Policy HIV/AIDS National and NSF the in upon expanded is effort This curriculae. school secondary and primary formal in included is education HIV/AIDS M . alawi . aims to promote promote to aims National HIV/AIDS HIV/AIDS National Malawi Malawi . separated. not are Prisoners and HIV/AIDS condoms. on education to access AIDS HIV/ on Plan Strategic the in included however are guidelines prisons in HIV/AIDS on policy official No law. criminal bique in Mozam- provisions specific HIV/AIDS No delayed. been has implementation that declaring also whilst in schools on education NSF sets forth the policy Mozambique . Prisoners have have . Prisoners National National 6
the the with together (2000) HIV/AIDS on Policy Union Teachers National Namibia is provided. is testing voluntary exist, inmates fellow counsel to inmates training tributed. AIDS campaign are not dis- Condoms inmates. positive HIV of Non-separation prisons. in HIV/AIDS on policy official No 2000. of Combating the in provided rapists positive HIV for sentencing Harsher discrimination. and non- schools in education HIV for provides 2002 draft) (4th sector education HIV/AIDS National Policy on on Policy National for the the for of Rape Act Act Rape of individual country reports should be accessed. be should reports country individual the areas these on discussion a For tabled. comparatively be not could society in vulnerable
Schools Educators and for HIV/AIDS 1999 Africa South 3) 3) are Condoms Non-segregation. 2) 1) testing, Voluntary Prisons in AIDS HIV/ of Strategy ment 2002 Bill of Alleged Sexual Offenders Testing HIV Compulsory Bill Offences Sexual New accused. positive rape cases involving HIV in bail to obtain difficult Amendment Act Criminal Procedure Second rapists. positive HIV for sentences harsher Act Amend Law Criminal discrimination. unfair from learners protects Act Schools African Institutions Education Further in Educators and education. and counselling distributed. tabled in 2003. 2003. in tabled of 1997 for provides National Policy on Policy National Policy on Manage- Policy , and Students Students and and Training Training and . The . The Learners Learners in Public Public in : – more South South
ment and and
are not distributed. not are Condoms counselling. and testing voluntary and non-separation education, on prisons on guidelines forth set HIV/AIDS on Document AIDS HIV/ on Plan Strategic The HIV. transmitting knowingly for penalties envisages the although law criminal Swaziland in provisions specific HIV/AIDS No teachers. of training for provides and learning higher of institutions and schools, schools education in pre- HIV of integration for provides NSF Swaziland Public Health Bill Bill Health Public Swaziland National National Swaziland and the the and Policy Policy
not separated. not are prisoners prisons, in distributed not are Condoms exist. prisons in HIV/AIDS on policy official No transmission. HIV wilful of criminal-ising Policy status. HIV of regardless the in sentencing life carries Rape law. criminal Zambian in provisions specific HIV/AIDS No exist. schools in non-discrimination on policy specific No teachers. for provided is training special No curricula. school the in integrated is education HIV/AIDS Zambia recommends recommends Penal Code Code Penal National AIDS AIDS National 3) HIV positive prisoners 2) not are Condoms 1) testing Voluntary HIV/AIDS: on Policy National the in addressed are Prisons HIV. of transmission criminalizing of deliberate and rapists positive HIV for sentencing harsher 2001, 8 of Act Offences Sexual discrimination in schools. non- on visions cy schools. in teaching HIV ordinates and co- teachers trains in ofMinistry Education 1993. HIV/Life Skills Desk in in schools introduced was education AIDS Zimbabwe are not separated. not are on HIV on tion is provided. tion educa with together counselling and distributed. includes pro- includes National Poli National No No - -
33 HIV/AIDS and human rights in SADC SWAZILAND 34 HIV/AIDS and human rights in SADC SWAZILAND HIV/AIDS and human rights in SADC SWAZILAND 35 The University of Pretoria established the Centre for the Study The Centre for Human Rights is one of the premier human rights of AIDS in 1999 to ‘mainstream’ HIV/AIDS through all aspects institutions focusing on human rights in Africa. Established in of the University’s core business and community-based activities. 1986, the Centre runs extensive academic research programmes Its mission is to understand the complexities of the HIV/AIDS in cooperation with human rights organisations across the con- epidemic in South Africa and to develop effective ways of ensuring tinent and worldwide. that all the students and staff of the University are prepared both professionally and personally to deal with HIV/AIDS as it Centre for Human Rights, University of Pretoria unfolds in South African society. University of Pretoria Pretoria 0002 Centre for the Study of AIDS South Africa University of Pretoria Pretoria 0002 University of Pretoria South Africa Tel: + 27 (12) 420 3034 Fax: + 27 (12) 362 5125 Tel: +27 (12) 420 4391 E-mail: [email protected] Fax: +27 (12) 420 4395 Website: www.up.ac.za/chr E-mail: [email protected] Website: www.csa.za.org