In Lagos It's Ten Years Imprisonment for People Who Infect Others With HIV. 10/11/10

'Law for the Protection of Persons Living with HIV and Affected by AIDS in Lagos state and for other Concerned Matters'

AllAfrica

Any form of prejudice, negative attitudes, abuse and maltreatment directed at people living with HIV and AIDS amounts to stigma. However, not so known to many people is the fact that committing any of these acts now amount to committing serious legal sins against HIV positive persons, for which some of the punishments are almost as grave as criminal offences.

This is encapsulated in the 'Law for the Protection of Persons Living with HIV and Affected by AIDS in Lagos state and for other Concerned Matters,' which now makes an offence punishable with various jail terms up to 10 years imprisonment and fines for anyone who intentionally infects others with the Human Immunodeficiency Virus (HIV) that causes the Acquired Immune Deficiency Syndrome (AIDS).

Consequently, the Lagos state AIDS Control Agency (LSACA), in collaboration with the Enhancing Nigerian HIV Response (ENR) Nigeria with legal supports from citizens rights directorate of the Lagos state ministry of Justice has begun aggressive dissemination of the law to strategic groups as a way of acquainting most citizens in Lagos of their rights not to be stigmatized for being infected with HIV or affected by AIDS.

Director at Citizens Rights directorate of Lagos state ministry of Justice, Mrs. Omotilewa Ibirobga, who gave insights on the law during the dissemination meeting at cheers hotel, ikeja, Lagos , said "Section (18) subsection (1) is clear about this."

The section reads; "Any person who willfully or knowingly endangers other persons by infecting them with the AIDS virus, commits an offence and shall be liable on conviction to a fine not exceeding N200, 000 or imprisonment not exceeding 10 years or both fine and imprisonment."

Similarly, the law has made it a punishable offence for any health worker to intentionally reveaql the HIV status of any person living with HIV and affected by AIDS, which it states, is a breach of the confidentiality of the patient. This is covered under Subsection (3) of the law. It has also stipulated jail and fine sentences for any person or organization that lay claim to unsubstantiated remedies or cure of HIV with the intent to defraud unsuspecting people. This, according to Ibirogba, includes religious organisations that brandish cures for the infection. Until now, experts are yet to announce a cure for the viral infection.

To make this law work effectively, a Justice and Human Rights Watch Group is to be established. The group, which shall be under the control of the Lagos AIDS Control Agency, would be responsible, by law, for the monitoring and implementation of provisions of the law.

Ibirogba said, "Part of the policy which informed the drafting and subsequent passage of the law was the fact that Lagos state is most concerned about the plight of the affected persons, especially in terms of discrimination and stigmatization in hospitals, their neighbourhood and places of work.

Part of the Law also states that every person living with HIV and affected by AIDS shall have right to gainful employment in any establishment, whether private or public, where such a person is qualified to be so employed where there is vacancy. Ibirogba, however, cautioned that, being HIV positive should not be a reason to be unruly in places of work.

It also outlaws the situation whereby landlords deny people accommodation because they are HIV positive. The law was conceived in 2005 and eventually accented in 2007 by the former governor of Lagos state, Ahmed Bola Tinubu.

Head of LSACA's project Office, Dr. Olusegun Ogboye, said the agency would do everything possible to ensure the law is disseminated across as many Nigerians in Lagos.

ENR coordinator in Lagos, Dr. Olusegun Oyedeji, however cautions that HIV positive people should not take advantage of the law to 'stigma people who are HIV negative or make unprincipled demands.'

"It will not make sense for any person to demand for special attention or ask for more than what he or she deserves because he or she is HIV positive," Oyedeji said at the dissemination forum, which also had People Living With HIV/AIDS in attendance.

Consequent upon the provisions of section (14) of the law, any person who is living with HIV and affected by AIDS who has been discriminated against or stigmatized has the right to sue, just as such a person could be sued for other and related offences too.