Supporting community action on AIDS in developing countries

MDG’s and the Law: Creating an Enabling Legislative Environment

Anton KerrHead of Policy – The International HIV/AIDS AllianceChair – The Commonwealth HIV&AIDS Action Group

Supporting community action on AIDS in developing countries

Why is an enabling legislative environment essential to meet MDG6?

1. State of the global AIDS epidemic2. Legal environments that influence HIV responses3. How punitive laws undermine efforts to scale up HIV

prevention, treatment, care and support4. Examples of how laws impact on effective HIV

responses5. Why law reform is urgent6. Role of Parliamentarians – the change you can make

happen7. India – the complexities of leadership and change for

good

Supporting community action on AIDS in developing countries

State of the global HIV epidemic• 34 million living with HIV globally• HIV related deaths fell to 1.8 million, from 2.2 five years

ago• 2.5 million deaths averted though scaled up access to

ARV’s• The rate of new infections fell in 33 countries• 68% of PLWA live in Sub-Saharan Africa (only 12% global

population) and it is where 70% of new infections occurred in 2010

• New infections in SS Africa have fallen by 26%• 6.6 million people on ARV’s, 20% increase in the last year

alone• Infection rates amongst ‘key populations’: sex workers,

MSM, people who use drugs are up to ten times higher than the infection rate in the general population – the impact of bad laws

Supporting community action on AIDS in developing countries

Legal environments that influence HIV response comprises:

• Laws and regulations, including customary and religious

laws

• Judgement of courts, tribunals and traditional village

courts

• Law enforcement practices of police and prosecution

authorities

• Management of prison systems and other closed

settings such as detention centres for people who use

drugs

• Programmes providing access to justice for communities

through legal aid for PLWA and education for

communities about their rights

Supporting community action on AIDS in developing countries

Punitive laws undermine efforts to scale up HIV prevention, treatment, care and support

• Laws that criminalize ‘key populations’ make the delivery of a

public health approach very difficult

• They increase stigma and discrimination

• Dissuading the most vulnerable from claiming their rights to

access health services

• Can exacerbate gender inequality

• Prevent effective HIV prevention services, including providing

condoms and clean needles

• Encourage police harassment of outreach prevention

Supporting community action on AIDS in developing countries

Examples of how laws impact effective HIV responses

• In Russia where injecting drug users are criminalized HIV prevalence has doubled in the past five years and 60% of drug users are now HIV+

• In Australia, the UK, Canada, Netherlands where drug use is treated as a public health issue HIV infection amongst people who use drugs is less than 1%

• In Cambodia supporting sex workers to access and consistently use condoms has lead to 250% reduction in HIV over 14 years with similar successes observed in Cotonou and Benin. Much of this success is attributed to engaged and supportive police force

• Where sex between men is criminalized HIV prevalence rates are as high as 40% amongst MSM compared to less than 5% in countries committed to equality

Supporting community action on AIDS in developing countries

Why law reform is urgent

• The lives that can be saved, the human, social and

financial costs that can be reduced

• Global financial crisis leading to greater focus on value

for money, on what works - evidence based, rights

based

• Need to invest in responses appropriate to local

epidemic

• It is now possible to bring an end to AIDS - UNAIDS

Investment Framework, Treatment as Prevention

• The most undermining laws are remnants of colonialism

Supporting community action on AIDS in developing countries

Role of Parliamentarian – the change you can make happen

• Know your epidemic• Engage with communities affected by HIV, identify their

vulnerability – what can you change• Facilitate dialogue between the Ministry of Heath and

Justice• Promote an informed and progressive police force who

understand the importance and role of HIV prevention• Promote peer support for law reform amongst like

minded MP’s through APPG’s and across the Commonwealth

• Utilize the Commonwealth Secretariat for technical support to fast track law reform

Supporting community action on AIDS in developing countries

India – the complexities of leadership and change for good

This short film tries to capture in a few minutes a battle that took 10 years to successfully repeal the colonial sodomy law that remains in place in the majority of Commonwealth states.

There is so much to be done to realize the potential we have to bring an end to AIDS in a generation, we need to work better together to do this faster, smarter, better.

Thank you

Supporting community action on AIDS in developing countries

THANK YOU!