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From: PlusNews <[email protected]>
Date: Fri, Apr 27, 2012 at 1:49 PM
Subject: EAST AFRICA: Regional HIV Bill passed without criminalization clause
To: Elisabeth Janaina <[email protected]>


EAST AFRICA: Regional HIV Bill passed without criminalization clause

NAIROBI, 27 April 2012 (PLUSNEWS) - East Africa's Legislative Assembly
has passed a regional HIV/AIDS Bill that seeks to protect the rights
of people living with HIV and harmonize regional legislation and
policy on the prevention and treatment of HIV.

Activists have welcomed the passing of the Bill, [
http://www.irinnews.org/Report/88635/EAST-AFRICA-One-region-one-HIV-law
] which, unlike some of the laws in the region's individual member
states, does not criminalize the deliberate transmission of HIV.

"Criminalization impedes rather than promotes the fight against HIV,
because it violates the rights of people living with HIV on many
fronts," Nelson Otuoma, the coordinator of the Network of People
Living with HIV and AIDS in Kenya (NEPHAK), told IRIN/PlusNews.

Member countries whose HIV legislation has criminalization clauses
will be pressed to amend the laws to reflect the spirit of the
regional Bill. Three of the East Africa Community's five member states
- Burundi, Kenya and Tanzania - have passed HIV laws with clauses that
criminalize wilful transmission, while Rwanda and Uganda have not yet
passed legislation.

"This [regional] Bill has a human rights approach to HIV as a major
component, and criminalization was never its intention. We expect
countries to use this Bill as a template for their legislation and we
will lobby towards that end," said Joyce Abalo, a programme officer at
the East Africa National Networks of AIDS Service Organizations
(EANNASO).

"This Bill is an important first step towards strengthening HIV
response in the region, because HIV issues must also be at the core of
regional cooperation, which countries are quickly embracing," Abalo
said. The proposed legislation also outlaws discrimination, guarantees
rights to privacy and ensures the provision of health care, regardless
of HIV status.

NEPHAK's Otuoma said the Bill would improve access to HIV services in
the regional bloc. "You can't move freely to another country if you
are not sure you will get your [HIV] treatment there. Now, should this
bill become law, one knows that even he is Kenyan, he can get his
treatment in Uganda."

The East Africa Community HIV and AIDS Prevention and Management Bill
(2012) was passed by the East Africa Legislative Assembly on 23 April
at its fifth session, held in the Kenyan capital, Nairobi. The heads
of state of the member countries are expected to assent to it before
it becomes law.

ko/kr/he

[END]

This report online: http://www.plusnews.org/report.aspx?reportID=95371



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