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Stigma, discrimination, harassment, violence and other forms of abuse have been undermining an effective and sustainable response to halt and reverse the spread of HIV and AIDS by 2015.
Although world leaders have signed a number of declarations and agreements to ensure this target is met, 7,500 people continue to be infected with HIV daily. Among several factors contributing to the spread of the epidemic, the violation of the human rights of sexual and gender minorities is included.
The human rights of lesbian, gays, bisexual, transgender and queer individuals worldwide have become an important intervention in the global fight against HIV and AIDS.
Today, in a session on Criminalizing Homosexual Behaviours at the International AIDS Conference in Vienna, Austria, John Godwin from the United Nations Development Programme (UNDP) made a presentation on laws affecting HIV responses among MSM and transgender people in Asia and Pacific. The presentation was based on the report entitled “Laws affecting HIV responses among men who have sex with men and transgender people in Asia and the Pacific: an agenda for action."
The study which utilized a consultative approach engaged community based organisations, UN, donors and governments to:
- Describe and assess laws affecting HIV response for MSM and TG in Asia Pacific
- Document impact of laws and law enforcement on HIV responses
- Build consensus on recommendations
Additionally, there are countries that do not have a specific law, but other existing statues that prohibits or criminalize same-sex behaviours. Many countries also selectively enforce public order, sex work and obscenity offences against LGBT people. For example in China, the “public order” and “sex work” laws are used to prohibit same-sex identities and other forms of behaviour or lifestyles.
The implications of this is worrying considering the global goals for universal access, prevention, treatment, care and support in combating the HIV and AIDS epidemic
In Malaysia, India, Nepal and the Philippines condoms are being confiscated for evidence of illegality. In China, HIV education materials are censored John also revealed that criminalization contributes to low self esteem among LGBT people and minimizes their confidence to protect themselves and partner(s).
There is however, a glimmer of hope.
Good News!
- Some Governments have been including MSM in policies for HIV prevention, treatment, care and support.
- There are legal/constitutional protections in eight of the forty-eight countries where the study was conducted for sexual minorities.
- Judges are leading the way by applying equality, non discrimination and privacy rights to sexual minorities and/or transgender persons.
Out of sixty recommendations made in the report, some of the main ones are:
- Tailor the agenda to local context
- Advocacy and leadership should be led at the grassroots, religious community and justice sector
- Engage national and regional human rights institutions/organisations
- Align the justice sector with national HIV plans to build capacity of police, judges, lawyers, and legislators
- Support the police to become a partner in the HIV response
Written by Jaevion Nelson – Director of Advocacy, Policy & International Affairs
Jamaica Youth Advocacy Network (JYAN) | www.j-yan.org
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