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Civil Society Update on NACP-III

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Civil society update on NACP-III

Civil society involvement in the development process of the strategy for

NACP-III

Background

Many of you are all already quite aware of the consultative process

being initiated by National AIDS Control Organization (NACO) to develop a

comprehensive national strategic plan for the implementation of the third phase

(2006-2011) for the National AIDS Control Programme (NACP-III).

In my earlier civil society update, I outlined the processes involved in the

development of national strategy including the constitution of 14 thematic

Working Groups to feed into the national framework of strategy.

Most of the Working Groups included representatives of civil society,

marginalized groups and people living with HIV/AIDS. The purpose of this update

is to inform you all about the status of the development of the strategic

framework, outcomes of the working groups and the next steps.

Outcomes of the Working Groups

Since the last update, the 14 Working Groups met on two to three

occasions, having developed clear strategic recommendations for the

NACP-III framework. The reports of the Working Groups are being posted on the

e-consultation for feedback from the wider community.

The Planning Team will synthesize these reports into a draft strategic framework

that will be made available for public comment and input.

These resulting strategic guidelines will then be used by the Planning Team to

facilitate State programme implementation workshops scheduled for October 2005

in several States.

__________________

National Civil Society Consultation Meeting on NACP-III Strategic

Framework

The planning team for the NACP-III is currently meeting various

stakeholders including the donor community, UN agencies, civil society

organizations, the private sector and networks of people living with HIV/AIDS to

seek their inputs into the process.

In considering the magnitude of the responses by civil society in

addressing the epidemic around issues such as prevention, care, support and

treatment, and creating an enabling environment, there is a need to engage the

civil society in a systematic manner to further inform the evolving NACP-III

strategic framework.

To achieve this, a two day workshop for " Enhancing the Involvement of

Civil Society in NACP-III " . The meeting will inform civil society on

their role in supporting NACP-III in the planning process, thereby

improving a broader understanding and buy-in for a more effective and

coordinated planning process while discussing civil society's role in

the implementation.

I am enclosing a draft concept note for this consultation for your

information and input. Your invaluable feedback around the concept note is most

appreciated and will be considered at the time of the

consultation.

The consultation has also been developed in considering the 'Three Ones' and the

involvement of civil society in the development of one AIDS action framework

that forms the basis for coordinating the work of all partners in formulating

effective and sustainable responses to HIV/AIDS.

An invitation signed by myself and the Planning Team leader will be sent out to

approximately 50 selected participants representing various civil society

organisations.

In this regard, and as always, I encourage you to continue to engage

yourself and share your expertise in the various meetings and workshops being

organized to further inform the development process of NACP-III at the national,

State and district level.

___________________________________

Concept Note : Enhancing the Involvement of Civil Society in NACP-III

October 2005

Background

The Indian National AIDS Control Programme (NACP) is currently going through its

second phase (NACP-II), concluding in March 2006. During this phase, emphasis

has been placed on targeted interventions for high-risk groups through the

involvement of NGOs, preventive interventions among the general population, and

low cost care and support to people living with HIV/AIDS. The third phase of

NACP (NACP-III) will effectively scale up responses with equal emphasis placed

on prevention, care, and treatment. This undoubtedly requires the participation

of other sectors, thereby increasing their contribution to enhancing safer

behaviors and reducing stigma associated with HIV/AIDS

The National Government has constituted a Planning Team to prepare the NACP-III.

This team is in consultation with various stakeholders and will be preparing a

plan that will address current gaps and further decentralize the response to the

States. Further contributing towards the building of a robust plan, the

Planning Team has established fourteen thematic working groups , including

representatives of the Government, private sector, development partners,

academics, scientists, and implementers including civil society organizations

and networks of people living with HIV/AIDS.

In addition to these consultations, there is a structured e-forum through which

stakeholders are contributing their inputs to further inform the development of

the plan. Moreover, the Design Team through a consultation with civil society

representatives, is intending to share the progress of the planning process, the

NACP-III framework, and the Working Group recommendations to further identify

any gaps and strengthen the contribution of civil society in the planning

process. This would include the participation of communities, community based

organisations as well others who may not have had a opportunity to contribute to

the development of NACP-III.

Rationale for the Consultation Meeting

In considering the aims of the NACP-III to strengthen dencentralisation at the

State level and to address current gaps, there is a need to involve a variety of

actors, each with unique skills, background and experience. An essential element

in shaping the NACP-III, therefore, entails the involvement of civil society

organizations and the incorporation of their experience, challenges and lessons

learned during the implementation of HIV/AIDS-related activities at the ground

level, thereby building upon the Development Objectives of the National

Response.

The proposal is to hold a two day workshop for “Enhancing the Involvement of

Civil Society in NACP-III”. The meeting will inform civil society on their role

in supporting NACP-III in the planning process, thereby improving a broader

understanding and buy-in for a more effective and coordinated planning process

while discussing civil society’s role in the implementation. The proposed

meeting will also aim to:

• Inform civil society on the development process of NACP-III

• Present and review the NACP-III framework and the Working Group reports to

identify gaps and suggest recommendations

• Discuss how the government and civil can work together, and identify the role

of civil society, in supporting the quality implementation of NACP-III

• Discuss mechanisms to strengthen dialogue for continued inputs on NACP-III

between civil society and the government.

Consultation Methodology

The consultation will be designed to ensure the active participation of the

participants. Participatory tools such as group discussions and presentations

will be used to achieve the objectives of the consultation. Materials such as

the NACP-III framework and the summaries of the Working Group reports will be

made available to the participants. The consultations will be conducted through

small group discussions based on the main development objectives of NACP-III,

including the role of civil society in meeting these objectives. The outputs of

these discussions will be put forth as recommendations.

Participation

In addition to the processes that have actively engaged civil society such as

Working Group discussions, e-forum exchanges and Steering Committee meetings, it

is crucial to actively involve those individuals who have not had the chance to

represent civil society as well as the communities’ key to the dynamics of the

epidemic.

Such populations include sex workers, injecting drug users, men who have sex

with men, youth and people living with HIV/AIDS.

Approximately 50 participants, representing various sectors of civil society

across India, will be invited to take part in the meeting.

Participants from high, moderate, and vulnerable States will be selected to

represent NGOs, key populations, and faith-based groups.

Expected Outputs

• Identify gaps, if any, and propose recommendations to the Planning Team, on

the NACP III framework.

• Identify solutions that are critical to implementation of NACP-III which will

add value to the recommendations made by the Working Groups.

• Agreement on the role of civil society in the implementation of NACP 111 and

propose mechanisms to ensure an effective and coordinated NACP-III.

• Develop a 5-page document/report highlighting the key discussions and

recommendations to share with the Planning Team.

Anandi Yuvaraj

Senior Programme Officer

India HIV/AIDS Alliance

Kushal House, Third Floor

39 Nehru Place

New Delhi 110019

India.

Switchboard:+91-11-51633081-84 Extn:116

Fax:+91-11-51633085

E-mail: ayuvaraj@... <mailto:ayuvaraj@...>

www.aidsalliance.org and www.aidsmap.com

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Dear Anandi, Mr Lall and the AIDA-INDIA e Forum,

We at AAG read, with interest, the various view points on NACP III.

Many things will be seen but I wonder whether the following issues

will be considered:

Amendment to Sec. 377 IPC

1. Making available condoms in Indian jails after getting the

Home Ministry, the law Ministry and other concerned departments to

see the necessity to change the law and taking action to amend IPC

377 which applies to MSM activities. We have been working in Tihar

Jails for the last 10 years. We find that while everyone is aware

that MSM activity is rampant in Jails as, " The prisoners share

blankets and it is difficult for the warden to find out what is

happening inside it " (HT 25.9.2005)-- that is admitting without

admitting that MSM activity does take place in the Jail.

At least two PILs were filed in High Court in the past- One by AIDS

Bhedbhav Virodhi Andolan (ABVA), and the second by NAZ foundation

(India) Trust. Both have been dismissed some time ago. Both, I

understand were requesting repeal of Section 377 IPC. Since the laws

are framed by the Law Ministry in consultation with the concerned

Ministry/ies and passed by the legislature, only they can amend or

repeal them. The High Court or the Supreme Court comes into the

picture if the Act conflicts with the provisions of the Constitution

and some party is challenging the validity of the Law/Act.

There are two aspects to MSM activities – (a) By mutual consent, and

(B) without consent (forcibly) – equivalent to rape of the passive

partner. While we are in agreement with the existing section 377 IPC

as far as forcible MSM sex is concerned, we strongly feel that an

amendment to Sec. 377 IPC relating to consensual sex between the two

parties who are both above the age of 18 or 16 years should be

permissible and not be treated as an offence. An amendment to this

effect should be incorporated in Sec. 377 IPC.

The concerned ministries could draft this and put it before the legislature.

This is extremely important in the current reality, with homosexual activity

coming out in the open in many countries and being accepted in the society.

While HIV / AIDS is spreading rapidly in India, and unprotected Homosexual sex

is many times more prone to spreading the infection than Heterosexual sex. Even

the British, who originally made the Indian Penal Code, have discarded Sodomy in

their own Penal Code and made appropriate amendments based on the current

reality and the change in the views of the society regarding homosexual sex.

2. Mandatory Testing, Availability of Condoms in the jails and

to sex workers and drug users.

In the email from Lall dated 26 September and the article in

Hindustan Times of 25 September 2005 which he is referring

to, " officials (of the jail) in private admit that sodomy is

widespread but they don't see this as a 'serious threat'.. There was

a case, where an HIV + prisoner was indulging in MSM activities with

another HIV + prisoner, which brings me to the first point, viz.

That there is plenty of clandestine MSM activity in the jails is

well known but not admitted since it is against the provisions of

sec. 377 IPC. Because of this no one can distribute condoms in the

jail. Some prisoners, aware about the dangers of HIV infection, have

been using polythene bags in lieu of condoms. Other countries

including Iran are freely distributing condoms in the jails. Why not

India?

As regards Mandatory testing, peripherally touched upon in the email

of 26 September sent by Lall, it is a wasteful exercise and

also against the Human Rights of the people including prisonerss.

3. Regular and Continuous Supply of Condoms to Target and

vulnerable Groups

The next point, we wish to raise is about the necessity of a very

regular and continuous supply of condoms in the brothels. We have

been working in the brothels at GB Road, Delhi since 1991. We were

also partners of DSACS in the TI programme with sex workers for

three years- till August 2003. Even during that time there were

breaks in supply from April to mid June and again from end September

to mid December each year.

The sex workers were desperate for condoms but we could not supply. Even right

now the women are frantically requesting for Condoms but none are available in

the brothels we visit. The system needs to be worked out so that there is no

break in supply for all Targeted Intervention programmes if we want to control

the spread of AIDS.

In this connection it may be mentioned that even the " National Advisory

Committee (NAC) has urged the Government to re-strategise the HIV / AIDS control

programme so that it promotes 100 % condom usage, and full coverage of the

vulnerable population, including sex workers and drug users " (Hindustan Times

1.10.2005)

In view of the above would you like to put these ideas and facts

before the consultative committee for serious consideration and

appropriate action to solve these problems?

Siddhartha

For AIDS Awareness Group (AAG)

E-mail: <aagindya@...>

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