Punitive laws limit access to HIV prevention and care services in Asia Pacific

[Guest guest]

Punitive laws limit access to HIV prevention and care services in Asia Pacific

Hong Kong - More than 90 percent of men having sex with men in the Asia Pacific

region do not have access to HIV prevention and care services. HIV prevalence

has reached alarming levels among men who have sex with men and transgender

populations in many countries of Asia and the Pacific. If countries fail to

address the legal context of the epidemic, this already critical situation is

likely to become worse. The implementation of effective, human rights-based

national HIV responses requires governments to consider the effect of laws and

law enforcement practices on the health of men who have sex with men (MSM) and

transgender persons.

Coinciding with the International Day against Homophobia, this warning came as a

key finding in the report on “Laws affecting HIV responses among men who have

sex with men and transgender persons in Asia and the Pacific: an agenda for

actionâ€. This forthcoming report with its key findings were reviewed today

during the “High Level Dialogue on Punitive laws, Human rights and HIV

prevention among men who have sex with men in the Asia Pacific Regionâ€

convened by the United Nations Development Programme (UNDP), the Asia Pacific

Coalition on Male Sexual Health (APCOM) and the Center for Comparative and

Public Law (CCPL) at the Faculty of Law, The University of Hong Kong.

The report showed that 19 of 48 countries in the Asia Pacific region criminalize

male to male sex, and these laws often taken on the force of vigilantism, often

leading to abuse and human rights violations. Even in the absence of

criminalization, other provisions of law often violate the rights of MSM and

transgender persons along with arbitrary and inappropriate enforcement, thereby

obstructing HIV interventions, advocacy and outreach, and service delivery. This

very debate was at the heart of the recent landmark ruling by the Delhi High

Court that Section 377 of the Indian Penal Code unfairly discriminates against

men who have sex with men and consenting adults in general.

Furthermore, the report found that legislation and law enforcement often lags

behind national HIV policies, with the result that the reach and effectiveness

of programs for MSM and transgender persons are undermined. This indicates the

need for greater coordination between health and justice sectors within

government. There has been growing awareness among national policy makers of the

need to identify MSM as a key population to be addressed by national HIV

programmes.

“The effectiveness of the HIV response will depend not just on the sustained

scale up of HIV prevention, treatment and care, but on whether the legal and

social environment support or hinder programmes for those who are most

vulnerable†said Mandeep Dhaliwal, UNDP Cluster Leader on Human Rights, Gender

& Sexual Diversity. “The development and strengthening of an enabling legal

and social environment is critical for comprehensive interventions for men who

have sex with men and transgender people to have the greatest impact.â€

Finally, the study highlighted that there are some recent examples of protective

laws, judicial and policy actions to improve the legal environment for MSM and

transgender people, including important court judgments in Nepal, India,

Pakistan, Philippines, Fiji, South Korea and Hong Kong. However, these are

exceptional developments and action is required to improve the legal environment

in all countries. Developing strategic partnerships and alliances between

affected communities, the legal profession, human rights bodies,

parliamentarians and policy makers is critical.

The High Level Panelists, including former High Court Justices, and

representatives from Parliament, civil society and the UN system, reviewed how

comprehensive and rights based HIV prevention among men who have sex with men

and transgender people can occur only when a conducive and enabling legal

environment is created. This will allow for unimpeded dissemination of

prevention messages and services; appropriate provision of treatment, care and

support services; and confidence-building measures among the most marginalized

and vulnerable to seek essential information and access services.

“A strategy of comprehensive, rights based HIV prevention requires bold and

effective legal and policy measures to reach out to vulnerable communities and

individuals at risk,†stated the Honourable Kirby of Australia. “It

is here that reform of laws and law enforcement practices affecting private,

adult same sex activities must be seen as an imperative step in the path of

reducing the isolation, stigma and vulnerability lived by communities and

individuals. This will help enhance their self-respect and dignity as citizens

and protect their legal rights, including receiving information on safer sex

practices.â€

Many national HIV policies now accord a priority to MSM, even though the legal

environment remains repressive. Some 22 national HIV responses in the Asia and

Pacific region have identified MSM as a most-at-risk or priority population for

the purposes of HIV prevention and four countries have specific strategic plans

or action plans on MSM and HIV (Cambodia, China, Indonesia and India).

Furthermore, a successful, community led multi country proposal to the Global

Fund to Fight AIDS, Tuberculosis and Malaria on MSM and HIV has been endorsed by

seven countries in South Asia.

The Honorable Ajit Prakash Shah from India said, “If society can display

inclusiveness and understanding, MSM and transgender persons can be assured of a

life of dignity and non-discrimination. They cannot be excluded or ostracized

merely because some of us perceive them as ‘deviants’ or ‘different’. We

should not forget that discrimination is the antithesis of equality and that it

is the recognition of equality which will foster the dignity of every

individual.â€

The preliminary findings reviewed at the High Level Dialogue are from a study

commissioned by UNDP and APCOM. The study considered published research,

legislation, legal cases, grey literature, and drew from two regional

consultations with community representatives and legal experts. The final report

of the study’s findings will be delivered at the XVIII International AIDS

Conference, Vienna, at the session on Criminalizing Homosexual Behaviour: Human

Rights Violation and Obstacles to Effective HIV/AIDS Prevention, 20 July 2010.

http://content.undp.org/go/newsroom/2010/may/punitive-laws-limit-access-to-hiv-p\

revention-and-care-services-in-asia-pacific.en

Dr.S.Raman

e-mail: <tenthplanet@...>