TRES/005/4/12: Resolution on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV

We, the participants of the NGO Forum preceding the 51^th Ordinary Session of the African Commission on Human and People’s Rights and 25^th African Human Rights Book Fair held from 14 – 16 April 2012 in Banjul, The Gambia

Recalling the mandate of the African Commission on Human and People’s Rights to promote and protect the human rights of all people, including people living with HIV, and those at risk of, 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, vulnerable to, 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 2010; and that the experience of violence increases the risk of HIV transmission by them

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 in the response to, HIV, 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, vulnerable to and affected by HIV

Particularly alarmed by legislative trends in Africa to criminalise HIV transmission and exposure, as well as the non-disclosure of HIV; 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 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

Greatly alarmed by the impact of the continuing denial of property and inheritance rights for women, leading to many women losing their homes, inheritance, possessions, livelihoods and event their children if their positive HIV status becomes known and/or if their partner dies

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 alarmed by the lack of adequate availability of and access to treatment for people living with HIV who are in need of and eligible to receive treatment and medicines

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; sterilisation without consent and forced abortions among women living with HIV; the rape and denial of access to justice for Lesbian women; harassment and violence by law enforcement agents against sex workers; and high levels of stigma, discrimination and denial of adequate access to available HIV prevention, testing, treatment, care and support services for most at risk populations, including men who have sex with men

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, vulnerable to and affected by, HIV

Call on the African Commission on Human and People’s Rights to:

Recognise both the occurrence and impact of rights violations based on and in the context of HIV, and the response to HIV, in Africa
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 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
Criminalisation of HIV exposure and transmission, and non-disclosure of HIV
Mandatory and/or forced HIV testing
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 de-criminalisation 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
Take necessary measures to guarantee women’s rights to property and inheritance, and to ensure that women are not forcibly evicted and/or lose their possessions and livelihoods as a result of a HIV positive status
Engage all state parties to take necessary measures to increase and ensure equitable access to treatment for everyone in need of and eligible to treatment in medicines
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
Recommend to member states to recommit and ensure adequate financing for healthcare so as to achieve the highest attainable standard of HIV prevention, testing, treatment, care and support services, as noted in the Abuja Declaration of 2001

Done in Banjul – 16 April 2012