“…Still shooting blanks…”

Human Rights at the Core of the HIV & TB Response

Lynette MaboteAdvocacy Team Leader, AIDS & Rights Alliance for Southern Africa

23 July 2014

“the epidemic of stigma, discrimination, and denial…[is] as

central to the global AIDS challenge as the disease itself”.

- Jonathan Mann, former WHO head of HIV,

1987

At this point in time…

We know our co-epidemics…We know where to target interventions…

We know who we need to invested inScience has shown us when these interventions should be implemented

We have knowledge of how we can reduce incidence rates and prevent deaths

We now have the why…

BUT THENWHY not?

- Sluggishness progress on evidence based approaches – e.g. TB/HIV - in stark contrast to “progressive biomedical strides” – e.g. mass procurement of GeneXpert machines, but lack of infrastructure / To initiate Isoniazid Preventative Therapy (IPT) or not to initiate IPT

- Stumbling blocks posed by “morally-centered laws and policies” which aim to navigate public health by controlling people – e.g. people who do not adhere to treatment being arrested for non-adherence

- The real issue: While maximising on biomedical potential is essential…BUT has become a self-defeating prophecy, if we do not address the fundamental shortcomings in our response: socio-economic challenges

Trying to rationalise what seems irrational

Intensifying attempts to “Control” HIV/TB

Criminalisation:

Ostensibly meant to encourage disclosure & protect people, often has opposite effect:

- Reinforcing stigma; bypasses more critical and fundamental interventions- Women and key populations are particularly affected due to challenges with

disclosure and sex workers negotiating safe sex- Condones hysterical prejudice

Proliferation of HIV Prevention and Control LawsTendency towards coercion, particularly with regards to prevention of transmission Effects:

• Reproductive rights violations…essentially criminalization of peoples’ autonomy

• Discourage uptake of services and encourage denial: additional access barriers• Restricts progressive thinking that is needed for HIV interventions to evolve in response to

evidence

Current assertions…

• Human rights responses are driven by enabling policy and legal environments

• The strategic combination of social mobilization, science and use of the

courts

• Efforts need to mobilise communities in need and most at risk in order to catalyze on their right to health

• These go a long way…BUT the frameworks cannot exist in a silo…with no implementation and effective monitoring of the ones who are most in need… Pay less now, pay more later syndrome

Matter of Fact

• Requires sustained engagement at the community level (including outreach to social, cultural, religious leaders)

– To drive change at policy making level– To be opinion leaders for rights-based approach in order to connect policy

to practice

• In order for laws and policies to be meaningful, need measures to enforce them and avenues for recourse in case of violations

– Problem: SADC and East Africa regions where there is little access to justice

Advocacy to entrench human rights law in the HIV response

• Annual training of trainers’ course

• Work on criminalisation of HIV (e.g. submissions to parliaments/ govts / working with partners to understand the importance of undertaking in-country level advocacy for legal review/ reform

• Support of strategic litigation by partners (e.g. SALC)

• Work with SADC Secretariat, SADC Parliamentary Forum/ African Commission to promote the right to health mandate under various mandates and through special committtees

• Sustained country programmes and ad hoc support to in-country partners

• Production of Reports: ARASA HIV and human rights SADC/ EAC report• Advocacy on access to information on upcoming regional and international

policies

ARASA’s work on creating enabling environment

Bottom Line

• Problems may present with socio-economic indicators, but the fundamental issues are political

• Advocacy framed within the context of broader political commitment to long-term socio-eonomic development

• Remaining question dictating our Advocacy: How do we shift priorities and power dynamics?