Evidence Based Policy and Legal Reform to Promote Human Rights and Gender Equality Felicita Hikuam 7 December, 2011 OWN, SCALE-UP & SUSTAIN The 16 th International Conference on AIDS & STIs in Africa 4 to 8 December 2011, Addis Ababa

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN National ownership should be the cornerstone of evidence -based policy and legal reform to promote human rights and gender equality; In June 2011, governments reaffirmed : “… the sovereign rights of Member States, as enshrined in the United Nations Charter, and the need for all countries to implement the commitments and pledges in this declaration consistent with national laws, national development priorities and international human rights;”

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN “Ownership should be understood as democratic ownership, which means that citizens’ voices and concerns must be central to national, regional and local development plans and processes through legitimate and open mechanisms involving parliament and civil society, including women’s organisations” 2008 Accra Agenda for Action

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN “The full realization of all human rights and fundamental freedoms for all is an essential element in the global response to the HIV epidemic, and addressing stigma and discrimination is also a critical element in combating the global HIV epidemic; … and recognize the need, as appropriate, to strengthen national policies and legislation to address such stigma and discrimination”; and “recognise that globally women and girls are still the most affected …and that the ability of women and girls to protect themselves from HIV continues to be compromised by physiological factors, gender inequalities including unequal legal, economic and social status, insufficient access to healthcare and services, including for sexual and reproductive health and all forms of discrimination and violence, including sexual violence and exploitation against them;” 2011 High Level Outcomes Document

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN “Commit to intensify national efforts to create enabling legal, social and policy frameworks in each national context in order to eliminate stigma, discrimination and violence related to HIV and promote access to HIV prevention, treatment, care and support and non-discriminatory access to education, healthcare, employment and social services; provide legal protections for people affected by HIV including inheritance rights and respect for privacy and confidentiality; and promote and protect all human rights and fundamental freedoms with particular attention to all people vulnerable to and affected by HIV; Para. 77, June 2011 HLM Outcomes Document

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Africa is the only continent with all 4 types of epidemics ranging from low and concentrated to generalised and hyper-endemic; Most African countries still have laws and policies that create obstacles to the AIDS response or lack protective laws that can contribute to the response; Where protective legal frameworks exist, implementation and enforcement is inconsistent; Each country’s epidemic is distinctive therefore the response must be tailored, taking into account the epidemiological and social context

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Useful approach to evidence based policy and legal reform to promote human rights and gender equality; Ability of countries to identify the behaviours and social conditions that are most associated with HIV transmission, and undermine the ability of those most vulnerable to HIV infection to access and use HIV-related information and services; Implies that once we better understand our epidemics, we should respond with proven approaches and allocate required resources; Know your epidemic, know your response

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN This approach recognises that organizations and communities contribute to the response by enabling countries to better know their epidemics and help governments respond effectively to reach those living with HIV as well as communities most at risk and affected; To know their epidemic, countries need to strengthen their evidence base (including surveillance of infections amongst key populations); Evidence from civil society / affected communities should inform the development and reform of laws and policies;

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Should be based on participatory legal audits, which examine existing relevant laws, as well as the nature of their enforcement and the need for law reform, and the impact these laws have on the quality of the response to the epidemic, in particular the access and uptake of HIV services and commodities by women, people living with HIV and populations at risk; Should be followed by reform of law and/or enforcement as necessary. Law enforcement and access to justice are key as efforts spent may bear little result if the law is not implemented or not accessible to those who need it; Law review and reform

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Lessons learned... Communities and civil society must be at forefront of advocacy for law reform; Much more work to be done on working with parliamentarians, judges and law enforcers; More resources needed for access to justice, efforts should be made to make access easier – incl. alternative dispute resolution mechanisms, HRC.... ; People living with HIV and communities at higher risk and affected by HIV should be empowered to know and claim rights and monitor the implementation of laws and policies;

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Punitive Laws Working Group is a multi-stakeholder platform to support the reform and removal of discriminatory and punitive laws and regulations; Build on the human rights basis and non-discrimination principle of the national HIV/AIDS policy and the strategic plan; Recognises the existence of a number of laws and regulations that discriminate on the basis of HIV/AIDS status and/or obstruct access to comprehensive services; Focuses on the removal of all HIV/AIDS discriminatory laws, policies, regulations, guidelines and practices through law reform; supporting an enabling environment and awareness- raising Case Study: Namibia

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN “Rather than imposing morally-based criminal prohibitions, parliaments should aim at making their laws evidence- based. In practice, this means legal provisions for things like HIV-related education, sexual and reproductive health needs, voluntary testing and counselling, protection of vulnerable groups, provision of condoms, opioid substitution therapy and needle and syringe exchange programs to injecting drug users”. Dr Theo-Ben Gurirab, President of the Inter-Parliamentary Union (IPU) and Speaker of the National Assembly of Namibia. World AIDS Day, 2010.

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Question: How can affected populations and those at higher risk of HIV, such as women, youth, sex workers, men who have sex with men, lesbian women, bi-sexual and transgender people work with other stakeholders (particularly parliamentarians )to ensure that laws and policies are evidence informed and can contribute to an effective AIDS response?

The 16 th International Conference on AIDS & STIs in Africa, Addis Ababa OWN, SCALE-UP & SUSTAIN Thank you…