Activists want HIV Prevention Bill Reviewed. 1/12/10

The proposed law on HIV prevention and control criminalises the intentional transmission of HIV.

AllAfrica

By Raymond Baguma
1 December 2010

THE HIV Prevention and Control Bill is a threat to the rights of people living with HIV/AIDS, especially women and children, activists have said.

Dorah Musinguzi, the executive director of the Uganda Network on Law, Ethics and HIV/AIDS, said: "Analysing the plight of children, the Bill doesn't achieve a good standard of human rights protection and largely, its effects will dawn negatively on the children in the face of HIV."

The proposed law on HIV prevention and control criminalises the intentional transmission of HIV.

If enacted, it will require mandatory disclosure of one's HIV status to sex partners.

Also, failure to use a condom when one knows their HIV status constitutes a criminal offence.

Musinguzi said mandatory disclosure of one's HIV status threatened women with increased domestic violence and abuse.

She said in marriages, husbands usually blame their wives for bringing the virus.

"Women are still on the margin of society. They do not own their bodies and have limited power to negotiate condom use, yet failure to use one while aware of their status will warrant such a woman punishment for intentional transmission of HIV," Musinguzi argued.

She said gender-based violence was a recognised drive of the HIV epidemic and the law might fuel it.

Musinguzi noted that the proposed law would negatively impact on the lives of children by making them vulnerable.

"What affects a woman will largely affect the children and the entire family," she added.

Musinguzi was speaking at the national commemoration of the World AIDS Day at Kitebi Primary School playground yesterday.

The event focused on caring for children affected by HIV/AIDS.

"In the face of possible prosecution and forced disclosure, it's certain that most people will hide away. They will not take an HIV test in fear of prosecution. It shall be counter-productive as people will shun HIV services and treatment," Musinguzi said.

MP James Kubeketerya, who heads the social services committee handling the Bill, said the issues raised by Musinguzi would be examined by the committee.

"Parliament aims at making good laws. This Bill is in good faith to reduce the spread of HIV. It could be amended, and whatever is best, will be included. I am sure before the 18th Parliament concludes business, we shall have passed the Bill into law," he added.