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Zimbabwe 2019 HIV Index and Exhibits

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Zimbabwe 2019 HIV Index and Exhibits [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF HIV-POSITIVE INDIVIDUALS IN ZIMBABWE TAB SUMMARY GOVERNMENTAL SOURCES 1. Government of Zimbabwe, Sexual Offences Act 2001 (Aug. 2001), available at: https://evaw-global-database.unwomen.org/- /media/files/un%20women/vaw/full%20text/africa/zimbabwe%20- %20sexual%20offences%20act%202001.pdf?vs=1843 “16 Sentence for certain offences where offender is infected with HIV Where a person is convicted of— (a) …sodomy… and it is proved that, at the time of the offence, the convicted person was infected with HIV, whether or not he was aware of his infection, he shall be sentenced to imprisonment for a period not exceeding twenty years.” (p. 8) 2. Australian Government, Department of Foreign Affairs and Trade (DFAT), DFAT Country Information Report Zimbabwe (Dec. 2019), available at: https://dfat.gov.au/about- us/publications/Documents/country-information-report-zimbabwe.pdf. “. societal discrimination against persons living with HIV/AIDS remains a problem, particularly in relation to health services, education, and employment. In the 2015 TAB SUMMARY Demographic Health Survey, 22 per cent of women and 20 per cent of men reported holding discriminatory attitudes towards those living with HIV/AIDS.” (p. 14) 3. The Independent Advisory Group on Country Information (IAGCI), UK Government, Country Policy and Information Note – Zimbabwe: Sexual orientation and gender identity (Jan. 2019), available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data /file/775001/CPIN-_ZIM_-_SOGIE._V4.0e__Jan_2019_.pdf. • “Personal circumstances which may place some persons at risk include, but are not limited to, LGBTI rights activists and other persons who openly campaign for LGBTI rights in Zimbabwe as well as a positive HIV/AIDS diagnosis.” (p. 8) • “A positive HIV/AIDS diagnosis may also increase the likelihood of a person facing difficulties such as discrimination, harassment and intimidation (para 116).” (p. 9) • “The UN Committee on the Rights of the Child noted in its report dated 7 March 2016 that ‘. [i]t reiterates its concern about high levels of discrimination against […] lesbian, gay, bisexual, transgender and intersex children and children affected or infected by HIV/AIDS.’” (p. 11) • “The disproportionate burden of HIV faced by MSM suggests that existing methods of HIV prevention are not sufficient and additional prevention modalities would be helpful.” (p. 29) 4. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2018 Country Reports on Human Rights Practices: Zimbabwe, available at: https://www.state.gov/wp- content/uploads/2019/03/Zimbabwe-2018.pdf or https://www.state.gov/reports/2018- country-reports-on-human-rights-practices/zimbabwe/. “…societal discrimination against persons living with HIV/AIDS remained a problem. Local NGOs reported persons affected by HIV/AIDS faced discrimination in health services, education, and employment.” (p. 40) 5. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Zimbabwe 2016 Human Rights Report, available at: https://www.state.gov/wp- content/uploads/2019/01/Zimbabwe-1.pdf. “… societal discrimination against persons affected by HIV/AIDS remained a problem. Local NGOs reported persons affected by HIV/AIDS faced discrimination in health services, education, and employment…In the 2015 DHS, 22 percent of women and 20 percent of men reported they held discriminatory attitudes towards those living with HIV/AIDS.” (p. 45) 6. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, Country Reports on Human Rights Practices – 2015, available at: https://www.justice.gov/sites/default/files/pages/attachments/2016/04/22/dos- hrr_2015_zimbabwe.pdf. TAB SUMMARY “…discrimination against persons with disabilities, racial and ethnic minorities, lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons, and persons with HIV/AIDS were problems.” (p. 2) NON-GOVERNMENTAL SOURCES 7. Avert, “HIV and AIDS in Zimbabwe” (Oct. 3, 2019), available at: https://www.avert.org/professionals/hiv-around-world/sub-saharan-africa/zimbabwe. “Stigma and discrimination towards people living with HIV in Zimbabwe remains rife – with one study finding that 65% of people living with HIV had experienced them. Survey data from 2015 found 22% of women and 20% of men who were aware of HIV had discriminatory attitudes towards people living with HIV. Around 6% of women and 9% of men did not think children living with HIV should be allowed to attend school with children who are HIV negative. Additionally, 19% of women and 16% of men would not buy fresh vegetables from a shopkeeper with HIV.” (p. 10) 8. Nyika, H., Mugurungi, O., Shambira, G. et al., BMC Public Health, Factors associated with late presentation for HIV/AIDS care in Harare City, Zimbabwe, 2015 (May 3, 2016), available at: https://bmcpublichealth.biomedcentral.com/track/pdf/10.1186/s12889-016- 3044-7. “Experiencing stigma as a result of being HIV positive was independently associated with presenting late to HIV/AIDS care (OR = 2.99, 95 % CI = 1.54, 5.79). This may be due to the fact there might be loss of material and/or emotional benefits if one’s status is known in the community, particularly in Harare City, where some occupations such as pirate taxi driving and vending are accompanied by verbal abuse thus patients who are in these occupations are stigmatized by their peers in the same trades. This finding gives credence to overwhelming evidence that HIV related stigma is a hindrance to early presentation for care in Africa and beyond [16–18].” (p. 5) 9. (Excerpt) OutRight Action International, A Survey of Laws Impacting the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons in Selected Southern African Countries (Mar. 16, 2016), available at: https://www.outrightinternational.org/content/survey-laws-impacting-human-rights-lgbt- person-selected-southern-african-countries. “. the Sexual Offences Act, directly discriminates against LGBT individuals that are living with HIV or AIDS. For example, Section 16 of the Sexual Offences Act provides that ‘[w]here a person is convicted of…sodomy …and it is proved that, at the time of the offence, the convicted person was infected with HIV, whether or not he was aware of his infection, he shall be sentenced to imprisonment for a period not exceeding twenty years.’” (p. 57) TAB SUMMARY MEDIA SOURCES 10. Roger Pebody, Gay Star News, “HIV criminalization is happening in 72 countries, HIV is not a crime” (Jun. 10, 2019), available at: https://www.gaystarnews.com/article/hiv- criminalization-is-happening-in-72-countries/. • “HIV criminalization continues: a global review has found that HIV-related arrests, investigations, prosecutions and convictions have ever occurred in at least 72 countries, with recent cases occurring in 49 countries, including 14 in which the law appeared to be applied for the first time.” (p. 1) • “Between October 2015 and December 2018, at least 913 people living with HIV were arrested, prosecuted, convicted or acquitted in 49 countries. The largest numbers of cases were reported in . Zimbabwe (16) . .” (p. 2) Dated: [DATE] Respectfully submitted, [CITY, STATE] [FIRM] Pro Bono Counsel for Respondent__________ By: _________________________ [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] TAB 1 Gazetted 17th August, 2001 (General Notice 408/2001) Date of commencement 17th August, 2001. CHAPTER 9:21 SEXUAL OFFENCES ACT Act 8/2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title. 2. Interpretation. PART II EXTRA-MARITAL SEXUAL INTERCOURSE WITH YOUNG PERSONS AND INTELLECTUALLY HANDICAPPED PERSONS 3. Extra-marital sexual intercourse or immoral or indecent act committed with young person. 4. Extra-marital sexual intercourse or immoral or indecent act committed with intellectually handicapped person. 5. Prevention of sexual exploitation of young persons and intellectually handicapped persons outside Zimbabwe. 6. Prevention of conspiracy or incitement abroad to exploit young persons or intellectually handicapped persons in Zimbabwe. 7. Permitting young person to resort to place for purpose of extra-marital sexual intercourse. PART III NON-CONSENSUAL SEXUAL ACTS 8. Punishment of rape or certain non-consensual acts. PART IV SUPPRESSION OF PROSTITUTION 9. Brothels and pimping. 10. Detention of persons for sexual purposes. 11. Procuring. 12. Coercing or inducing a person to have extra-marital intercourse. 13. Use of place as brothel renders lease void. 0921 SexOffs 2001-08 - NNAP.doc 2 14. Summary ejectment when place is kept or used as brothel. PART V PREVENTION OF SPREAD OF HIV 15. Deliberate transmission of HIV. 16. Sentence for certain offences where offender is infected with HIV. 17. Testing of sexual offenders for HIV infection. 18. Presumptions regarding HIV infection. 19. Jurisdiction of regional magistrates. PART VI GENERAL 20. Act not to limit offences under other laws. 21. Presumption regarding marriage. 22. Amendment of presumption that boy under 14 incapable of sexual intercourse. 23. Consent by young person no defence in certain circumstances. 24. Repeal of Cap. 9:05. 25. Amendment of section 51 of Cap. 7:10. 26. Amendment of sections 211 and 247 of Cap. 9:07. 27. Amendment of section 2 of Cap. 15:10. ACT To amend the criminal law in regard to sexual offences; to make further provision for the suppression of brothels and prostitution; to discourage the spread of the human immuno-deficiency virus; to repeal the Criminal Law Amendment Act [Chapter 9:05]; to amend section 51 of the Magistrates Court Act [Chapter 7:10], sections 211 and 247 of the Criminal Procedure and Evidence Act [Chapter 9:07] and section 2 of the Termination of Pregnancy Act [Chapter 15:10]; and to provide for matters connected with or incidental to the foregoing. ENACTED by the President and the Parliament of Zimbabwe.
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