TRES/005/10/2011: Resolution on the protection of the rights of people living with HIV and those at risk, vulnerable to and affected by HIV

Recognising that the HIV and AIDS pandemics in Africa are accompanied by high levels of HIV-related stigma and discrimination and other violations of rights

Recognising further that people living with HIV and those at risk of and affected by HIV are currently subjected to gross human rights violations in Africa.

Recalling commitments by African member states to promote and protect human rights, and especially women’s human rights, in the context of HIV; to achieve the Millennium Development Goals (MDGs) on the continent; and to fulfil the commitments made in the Abuja Declaration and the African Common Position on Universal Access to HIV and AIDS prevention, treatment, care and support by 2010

Recalling the special resolution on the Establishment of a Committee on the Protection of the Rights of People Living With HIV and Those at Risk, Vulnerable to and Affected by HIV [ACHPR/Res163(XLVII)2010] and its mandate

Noting that of all people living with HIV globally, 68% live in Sub-Saharan Africa; and 76% of all women living with HIV are situated in Sub-Saharan Africa in 2009; and that the experience of violence increases the risk of HIV transmission by three

Noting further that people living with HIV, especially women and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, continue to have their human rights compromised, threatened and violated in the context of, and response to, HIV and AIDS, despite the commitment to promote and protect human rights, and especially women’s rights and the rights of people living with HIV and those at risk of and affected by HIV

Particularly alarmed by legislative trend to criminalise HIV transmission and exposure in Africa; and its adverse impact on women’s and other key populations’ HIV risks, the protection of human rights in the context of HIV, and the effectiveness of national and regional responses to the HIV and AIDS in Africa

Particularly alarmed by the extent to which the denial of freedom of expression and association for women and other key populations at higher risk of HIV, such as sex workers, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people, and people who inject drugs not only perpetuates prevailing levels of HIV-related stigma, discrimination and other violations of rights, but also maintains limited access to and benefit from available HIV prevention, testing, treatment, care and support services

Deeply concerned by the impact of laws and policies that limit the access to services for people living with and at higher risk of HIV, including women and girls, young people, people in prisons, sex workers, lesbian women, gay men, bisexual, transgender and intersex people and people who inject drugs in Africa on both the risks of HIV and related rights violations and abuses

Deeply concerned further by the high levels of violence and abuse, including sexual abuse and rape, as both the cause and consequence of HIV transmission and related rights abuses

Deeply alarmed by gross human rights violations experienced especially by women, such as forced HIV testing and disclosure as part of accessing antenatal care; by women living with HIV, such as sterilisation without consent and forced abortions; by lesbian women, such as rape and denial of access to justice; by sex workers, such as harassment and violence by law enforcement agents; and by men who have sex with men, such as stigma, discrimination and denial of adequate access to available HIV prevention, testing, treatment, care and support services

Deeply concerned also about the lack of adequate access to timely and just legal and other redress mechanisms as and when violation of rights in the context of HIV occur for people living with HIV, those at risk of, and affected by, HIV

Calls on the African Commission on Human and Peoples’ Rights to:

• Reaffirm its commitment to the promotion and protection of the rights of people living with HIV and those at risk, vulnerable to and affected by HIV, including women, girls, youth, people living with disabilities, people in prison, and other key populations at higher risk of HIV, such as sex workers, people who inject drugs, men who have sex with men, lesbian women, gay men, bisexual, transgender and intersex people
• Engage all parties to repeal laws that facilitate gross human rights violation in the context of HIV and AIDS, such as the sterilisation without consent of positive women and the denial of quality and reproductive health services to women living with HIV
• Recommend the removal of punitive laws and discriminatory legislative and policy provisions that promote human rights abuses in the context of HIV at a national and regional level, including in relation to the
• • Criminalisation of HIV exposure and transmission
  • Mandatory and/or forced HIV testing
  • Mandatory and/or forced HIV disclosure
  • Restrictions of access to HIV information and services, due to age, sex, gender, sexual orientation and gender identity and/or HIV status
• Take necessary measures to guarantee the right to freedom of expression and association by means of decriminalisation and thus, promoting and protecting the rights and well-being of sex workers, lesbian women, gay men, bisexual, transgender and intersex people and other key populations at higher risks so as to ensure adequate access to and benefit from available HIV prevention, testing, treatment, care and support services; and thus the effectiveness of national and regional responses to HIV and AIDS
• Ensure the provision of quality integrated services so as to facilitate that women, especially women living with HIV, and other key populations at higher risk of HIV, are treated with dignity and respect, and are free of violence, coercion, stigma and discrimination, whilst ensuring access to services based on fundamental human rights of informed consent, counselling and confidentiality

Done in Banjul – 21 ^st October, 2011