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September 18, 2019Repeal HIV discriminatory laws: Civic Society Rights Groups
Flashback of a sit-in held in July at Africa Unity Square in Harare where a petition was successfully handed over to the Parliament of Zimbabwe by civic society groups and People Living with HIV networks.
Staff Reporter
CIVIC Society rights groups are lobbying government to repeal the country`s law under section 79 of the Criminal Law(Codification and Reform) Act, which states that it’s a criminal offence for a person living with HIV to transmit HIV or expose someone to HIV.
The law also states that if the court finds that person guilty, he or she will be liable to imprisonment for a period not exceeding 20 years.
Making a contribution during recently held public hearings on the Marriage Bill at Dangamvura Beit Hall and Mutare Hall, Zimbabwe National Network of People living with HIV (ZNNP+) Manicaland provincial coordinator, Moses Chananuka said section 79 was broader and vague on critical tenants than what people think.
“The law does not apply to people who deliberately and with an evil intention transmit HIV to other people. The vague language of section 79, and how it has been applied by courts, shows us that it actually much broader. Any conduct can be a crime. It is not limited to sexual acts. Even breast feeding can be a crime. It’s a crime, even if you don’t transmit HIV. The prosecutor does not need to prove that you transmitted HIV, only that you exposed someone to the risk of HIV,” he said.
Chananuka said dealing with HIV cases this way will only have innocent people languishing behind bars for crimes they did not commit.
“HIV is now manageable and section 79 violates human rights and increases stigma,” he added.
Chris Mukundwa of Health Alliance weighed in and said, “Section 79 implies that people living with HIV are criminals and dangerous. It makes them vulnerable. You can be convicted even if it was someone else who transmitted HIV to the complainant.
“It is scientifically very difficult to actually prove who infected whom, and the courts have convicted people even without proof that they were the one who infected the other person,” said Mukundwa.
He also said it is women who are unfairly targeted by this law and prosecutions in the country as most women are usually the first to know their status and are vulnerably being falsely blamed for bringing HIV in a relationship.
Family Aids Support Organization (FASO) Regional Director, Casper Pound also concurred that criminalization of HIV should be repealed from the Marriage Bill.
“It should be repealed from Marriage Bill and find its way into the Public Health Act since it’s something that is more medical and best understood by medical people,” said Pound.
He also said there is need for significant advance in HIV science in the country. “There is need for significant advances in HIV science. We are not equipped as a country to trace who is the actual ‘criminal’ as the law states. As the global scientific community continues to expand there is need for lawmakers and our criminal justice system to start aligning their thinking with evidence not hearsay,” said Pound.
Zimbabwe Legal Resources Foundation (ZLRF) legal practitioner, Valery Zviuya said repealing the HIV criminalisation law will make people open up about their status more and it will also have more people accessing treatment.
“Global trends have shown there are benefits from repealing the law and even new HIV infections will decrease. The burden of proof and has always been a problem to many countries that have passed such laws,”Zviuya added.
Young People`s Network on Child Marriages, Abuses and Rights President, Tanaka Makuhwa added that living with HIV is not a crime.
“People should know more about prevention and use of other highly effective means such as condom use,”Makuhwa said.
Zimbabwe is one of the countries burdened by HIV/AIDS. It is estimated that 1, 4 million people out of a 14, 2 million are living with HIV.
According to UNAIDS,as of 2018, 68 countries criminalized HIV non disclosure, exposure or transmission while 20 imposed travel bans or restrictions against people living with HIV. A total of 59 countries reportedly insisted mandatory HIV testing for certain groups of people when they apply for marriage, work or residence permits. Zimbabwe is however against mandatory testing of HIV.
Below is a petition handed over to parliament on July 4, 2019 revealing other concerns being raised which are discriminating and threatening the lives of PLHIV:
04 July 2019
Call to Action: People Living with HIV in Zimbabwe Need Your Help!
Today, People Living with HIV (PLHIV), networks and civil society organizations gather at the Africa Unity Square in Harare to deliberate on the key challenges affecting PLHIV and to petition the government through parliament to act with greater urgency on a pending health crisis.
Never before has there been a need for all stakeholders to come together in defence of the gains realized from the over 30 years of sustained investment by government, UN Agencies, donors, the private sector, civil society organizations, community based organizations and PLHIV in Zimbabwe.
Exactly 20 years ago, PLHIV marched from Marondera to the same parliament to petition the government to make available a fund that would guarantee access to HIV treatment for all who required it. This led to the creation of the National AIDS Trust Fund (NATF) which is administered by the National AIDS Council of Zimbabwe. Today, we return to same location to remind the government to Keep the Promise and Act Now to avert a crisis that threatens the lives of over 1.4 million PLHIV in Zimbabwe particularly adolescents and young people living with HIV.
We call upon the government to urgently address the following pertinent issues:
1. The continued and continuous shortages and stock outs being experienced throughout the country particularly the second line drugs.
2. The continued disbursement of expired drugs to PLHIV. Despite the scientific assurances the mere fact that PLHIV are being asked to take expired drugs has psychological implications and consequently has adverse effects on adherence to treatment.
3. None disbursement of US$6 million towards the Global Fund replenishment. The country is being asked to commit US$6 million while we will receive more than US$400 million from the Global Fund under the current country grant. More than 70% of PLHIV receive their treatment from resources provided by the Global Fund. If the Global Fund withdraws its support, the result will be disastrous for us all.
4. Availing foreign currency for the procurement of ARVs through the National AIDS Trust Fund (NATF). The National AIDS Council has over Z$20 million siting in its account which it cannot use as they have not been allocated foreign currency for the procurement of its share of ARVs. Additionally, due to the 22 February monetary policy change which saw the Zimbabwe Dollar being delinked from the United States Dollar, the amount held by NAC is now far less than required for the procurement of ARVs. Instead of the over US$20 million planned this amount now translates to under US$5 million.
This is not the time to take our foot off the pedal. We are therefore asking government to honour their commitments on prioritizing the allocation of resources towards the fulfilment of PLHIV’s right to health as enshrined in the constitution. This is the only way we will achieve the 90, 90, 90 targets and achieve an AIDS free generation by 2030.
For more information contact;
Zimbabwe National Network of People Living with HIV (ZNNP+) and Zimbabwe Young Positives (ZY+) Tel: +263 774151276; Facebook: Zimbabwe National Network of People Living with HIV; Twitter: @znnpinfo Email: info.znnp@gmail.com or zimyungpoz@gmail.com
