Proposed Law Comes to the Aid of People Living with HIV. 28/2/10

The rights of people living with Aids could get a boost once a Bill that seeks to secure them becomes law.

The rights of people living with Aids could get a boost once a Bill that seeks to secure them becomes law.

The East Africa HIV Prevention and Management Bill seeks to correct errors in current laws which criminalise the transmission of the virus.

The draft Bill is set for debate at the East Africa Legislative Assembly’s next sittings in Kigali, Rwanda, in April.

According to Mr Joe Muriuki of the HIV Aids Tribunal, the Bill requires member states to provide protection guarantees for the rights of people infected with the virus.

“The greatest challenge in the fight against the scourge has been curtailing of the rights of those who live with the virus. It’s not uncommon to find widows being disinherited once their spouses pass on,” said Mr Muriuki.

He was speaking on Friday at Silver Springs Hotel in Nairobi during a meeting to find ways of addressing the continued violation of the rights of people infected with HIV.

The tribunal, established under the HIV and Aids Prevention and Control Act of 2006, provides a forum through which those discriminated against by relatives or the public can seek redress.

Stigmatisation and discrimination of persons infected and affected by the virus remain some of the greatest impediments to open discussions on HIV and Aids. In the region, only Kenya and Tanzania have laws governing the fight against the HIV/Aids pandemic under an Act of Parliament whereas other countries have theirs at various stages of formulation.

Mr Muriuki said the Bill sought to provide a model law designed to be a reference point for all laws relating to the scourge at country level.

“It’s the desire of the region to carry out coordinated activities aimed at preventing the disease from spreading further,” he added.

The Act, although in operation, has some sections of it suspended, and civil society groups at the Friday meeting called for their speedy enforcement.

According to advocate Allan Maleche, section 18 which makes provision for the confidentiality of the results of an HIV test, is not operational.

“What happens in situations where one spouse forces the other to take the test and demands to know the results?” he asked.

For persons living with the virus in Kenya, the only consolation for now is that the section that criminalises the transmission of the disease is suspended, says Mr Muriuki.

“The Bill, once it becomes law, renders such provisions ineffectual and should subsequently be expunged from the Act,” he said.
Resistance

“The provisions of the Act, if well enforced, will definitely enhance the ability of persons living with HIV to enjoy their social-economic rights,” said Mr Maleche.

Delay in the full enactment of the Act has been blamed on resistance from international organisations and agencies supporting biomedical research in the country, hesitant employers and some players in the insurance industry.