Review HIV Bill, Civil Society actors demand

Members of the Civil Society Coalition working on HIV and human rights have appealed to parliament to re-draft Uganda’s HIV Prevention and Control Bill 2010 before it is passed into law.

The 40 organizations, which include; The AIDS support Organization (TASO), Uganda Network on Law, Ethics and HIV/AIDS (UGANET) and Uganda Young Positives (UYP), want Uganda’s bill to emphasize prevention whilst embracing comprehensive HIV management for all those in need. 

These demands follow President Museveni’s assenting to the East African Community HIV/AIDS Prevention and Management Act as a binding law on management of HIV in the region. The bill was passed into law by the East African Legislative Assembly (EALA) on April 23, 2012.

The new law provides for a range of measures to promote access to HIV-related health care for vulnerable populations, including the fishing community and long distance truck drivers, through access to appropriate and accessible HIV information, testing and post-test counseling. The legal provision also prevents discrimination of those affected by HIV.

“There is no comprehensive legal framework in Uganda to provide for management, prevention and control of the spread of HIV, care and treatment of persons living with HIV from discrimination because the existing framework falls short of these,” said Dorah Kiconco Musinguzi, the executive director of UGANET, during a press conference last week.

She explains that these provisions should be included in Uganda’s indigenous law.

“By appending his signature to the HIV Prevention and Management Bill 2012, the President has shown his unwavering commitment and support for strong leadership and an enabling legal and human rights environment that are critical to make gains in HIV prevention,” Musinguzi added.

Joshua Magawa Wamboga, a team leader at TASO, also wants the Ugandan law to commit the state to ensuring that prevention and treatment services are available to all Ugandans.

The East African Community HIV and Aids Prevention and Management Act will soon become a guiding procedure for the region.

Uganda’s proposed HIV bill is wrought with weaknesses ranging from mandatory HIV testing and disclosure of status to third parties. This provision leads to another provision that criminalizes attempted and intentional HIV transmission, but it leaves out room for unintentional infections.

“With compulsory testing, if someone is found with virus [HIV-positive], they are held responsible for transmitting it … which is why people are running from knowing their status,” Wamboga said.

The organizations also want MPs to delete all provisions for mandatory testing except under court order. They also want support for amendments that prevent stigma and discrimination on declaration of one’s HIV/Aids status.

The organizations also want the bill to be re-titled, ‘The HIV/Aids Management bill’ to make it holistic and rights-enhancing.