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Pacific Consultation on Legal and Policy Barriers to Accessing HIV Services for PLHIV and Key Affected Populations

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Pacific Consultation on Legal and Policy Barriers to Accessing HIV Services for PLHIV and Key Affected Populations Pacific Consultation on Legal and Policy Barriers to Accessing HIV Services for PLHIV and Key Affected Populations Tanoa International Hotel, Nadi, Fiji 17–19 April 2013 APRIL 2013 This report was produced by Rachael le Mesurier, Consultant for the UNAIDS and TSFAssignment:TA/RST/PAC/015/2013. A seven-country consultation on national laws, policies and practices impacting HIV responses in the Pacific.Held inApril, 2013. The author's views expressed in this publication do not necessarily reflect the views of UNAIDS. Acknowledgments The meeting was organized by Mr Tim Rwabuhemba, UNAIDS Coordinator for the Pacific, Fiji. Particular acknowledgment forthe logistics, note taking and production of the resource material goes to Ms Losana Korovulavula, National Programme Officer and Ms Serona Raloga, Administrative Assistant, both of the UNAIDS Fiji office; and Mr Stuart Watson, UNAIDS Country Coordinator and Ms Joanne Robinson, Leadership and Advocacy Advisor, both of the UNAIDS office, Papua New Guinea. Photographs courtesy of UNAIDS. The organisers would like to acknowledge all the support, including advice during the planning stage from ESCAP, UNDP, ILO, RRRT SPC and UNAIDS RST, which ensured this meeting’s success. Resource persons: In addition to those who presented:Mr Stuart Watson, UNAIDS Country Coordinator, Papua New Guinea. MsJoanne Robinson, Leadership and Advocacy Advisor, UNAIDS Office, Papua New Guinea as Rapporteurs for the meeting. Ms Losana Korovulavula, Programme Officer, UNAIDS Pacific Islands, Fiji. Mr Ferdinand Strobel, Health and Development Specialist, UNDP Pacific Centre. Ms Helen Tavola, Regional Adviser Social Development & Planning, UNESCAP. Ms Anne Boyd, Labour Law Expert/Project Manager, ILO Pacific, Suva, Fiji. Ms Sandra Bernklau, Program Manager, Pacific RRRT, SPC. Ms Salote Tagivakatini, Resource Trainer, Pacific RRRT, SPC Cover photo: The Pacific Consultation on Legal and Policy Barriers to Accessing HIV Services for PLHIV and Key Affected Populations brought together 23 participants from 7 countries. Rachael Le Mesurier. Phone: + 64 9 846 6228. Mobile: + 64 21 741 605 E-mail: [email protected]. Website: www.rachael-lemesurier.co 2 HIV and the Law Consultation: 17-19 April 2013 Participating Countries: Fiji, Kiribati, PNG, Samoa, Solomon Islands, Tuvalu and Vanuatu CONTENTS Acronyms 4 Executive Summary 6 Introduction 9 Objectives and Agenda 11 Participants 11 Organisation and Protocols of the Program 12 Key Points from the Global and Regional Overview 13 Key Points for Action Identified by the Country Participants 14 Day 1: April 17, 2013 16 Day 2: April 18, 2013 23 Action Plans (Draft) 25 Day 3: April 19, 2013 30 Participant Evaluations 32 Conclusion 33 Overview 33 Evaluation 33 Action Plans 34 Monitoring System for the Action Plans 34 Recommendations for Regional Strategies to support Action Plans in PICS 34 Appendices 35 Appendix A: Consultation Agenda 36 Appendix B: Participants 42 Appendix C: Notes of the Consultation (Including Country Reports from Day One) 46 Appendix D: Evaluation Report 70 Appendix E: Country Action Plans 75 ACRONYMS AG Attorney General AIDS Acquired Immunodeficiency Syndrome. ARV Antiretroviral (drugs for treatment of HIV) ART Antiretroviral Therapy CBO Community Based Organisation CSO Civil Society Organisation CRC Convention of the Rights of the Child ESCAP Economic and Social Commission for Asia and the Pacific FBO Faith Based Organisation GIPA Greater Involvement of People living with HIV/AIDS GoPNG Government of PNG HIV Human Immunodeficiency Virus HLM High Level Meeting IDU Injecting Drug Users IEC Information, Education and Communication KP Key Populations (Also known as Key Affected Populations) MoE Ministry of Education MoH Ministry of Health MoL Ministry of Law MSG Melanesian Spearhead Group MSM Men who have Sex with Men NCDs Non Communicable Diseases PNG Papua New Guinea PICT Provider Initiated Counselling and Testing PICTs Pacific Island Country and Territories PLHIV People Living With HIV RRRT Regional Rights Resource Team RST Regional Support Team (UNAIDS) SPC Secretariat of the Pacific Community 4 SW Sex workers TG Transgender people TRIPS Trade-Related Aspects of Intellectual Property Rights. UNAIDS Joint United Nations Programme on HIV/AIDS UNDP United Nations Development Programme VCCT Voluntary and Confidential, Counselling and Testing WHO World Health Organization 5 EXECUTIVE SUMMARY Background UNAIDS in the Pacific coordinated a process in mid April 2013 toreview laws and policies in seven Pacific nations (Fiji, Kiribati, Papua New Guinea, Samoa, Solomon Islands, Tuvaluand Vanuatu) which impact on access to HIV services for PLHIV and key populations. This initiative was supported by the UNDP Pacific Centre, the Regional Rights Resource Team (RRRT) of the Secretariat of the Pacific Community (SPC), the Economic and Social Commission for Asia and the Pacific (ESCAP), UNAIDS Asia Pacific Regional Support Team and ILO Pacific. The review was undertakenby: · consulting on legal and policy barriers to effective HIV responses in the seven countries through a multi-sectoral and participatory dialogue on laws, regulations, and policies including issues pertaining to access to justice and law enforcement in the context of HIV, and which reviews earlier commitments including the Auckland and Suva Declarations; and · developing action plans for the sevencountries, which can be supported by country partners (including the United Nations), and monitored for progress and success. The primary purpose of undertaking this seven-country consultation meeting in April 2013 was to identify the national laws and policies which need review and/or reform, or other programme initiatives which will increase access to rights-respecting HIV services by eliminating real or perceived impediments to delivery of equitable health services to all individuals and communities. It was intended that countries woulddevelop a measurable and monitorable action plan for undertaking key legal and policy reforms at country level to bring national legislation and policies in line with international good practice relating to human rights and rights-based HIV responses which the United Nations and/or other partners can support in the lead up to the 2015 deadline for achieving global targets and commitments on HIV, including the MDGs, Declaration of Commitment (2006) and Political Declaration (2011), and as part of the ESCAP Framework for regional support to countries. The Action Plans are not intended to replace any existing national plans of action, nor are they intended to restrict countries to actions that the delegates at the meeting can/could implement. Hence the intention of the plan is to map out key actions to be taken to address priority issues identified at the consultation, and to identify those stakeholders that need to be engaged at the national level to make this a reality. Meeting Objectives The meeting objectives were to: i. review Laws and policies in seven Pacific nations (Fiji, Kiribati, Papua New Guinea, Samoa, Solomon Islands, Tuvalu and Vanuatu) which impact on human rights-based health programming initiatives and enjoyment of human rights by persons living with HIV/AIDS; ii. consult on legal and policy barriers to effective HIV responses in line with international human rights standards in the seven countries through a multi- 6 sectoral and participatory dialogue on laws, regulations, and policies including the Auckland and Suva Declarations; and iii. develop prioritised action plans that will include provisions for monitoring and success for the seven countries, which can be supported by country partners (including the United Nations). The anticipated outputs of the consultation included: · Increased awareness and understanding of HIV, the law and human rights issues for a range of stakeholders; · Documented consensus on prioritized recommendations for removing legal and policy barriers to combat stigma and discrimination and enhance universal access in each country for national partners to take forward; · A time frame for action; and the formation of a national multi-sectoral working group with responsibility for monitoring progress on agreed actions and recommendations; and · A multi-sectoral working group with responsibility for monitoring progress on the agreed actions and recommendations, which can be used to support governments’ reporting on the ESCAP and HLM commitments. Overview of the Agenda The three-day programme had three sessions. Session One: “HIV related law reform, where are we in the Pacific/ selected countries” Session objective: Overview of global and regional status update, overview of progress and challenges in the selected countries. The format of Day One and part of Day Two provided an opportunity for a health, justice and CSO cross-sectoral dialogue on laws, regulations, and policies in the context of HIV. The Country participants were provided with a refresher on the earlier commitments including the Auckland and Suva Declarations as well as the recent UN ESCAP Resolutions 66/10 and 67/9 and an opportunity to discuss the key findings and recommendations of the Global Commission on HIV and the Law. Session Two: “ Way forward” Session objective: Prioritised Action Plans. On Day Two the Country groups began the drafting of their Action Plans, which were then presented to the full consultation for comment and feedback. Day Three involved more peer based review of the draft Action Plans. Session Three: “ Monitoring Progress” Day Three continued
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