HIV, key populations, and the law: Working towards the goals in hostile legal environments Repairing HIV service cascades that leak: Key population communities taking the lead Name: Amitrajit Saha (UNDP RSC Africa) Date: Monday 18 July, 10:15 – 12:15 Satellite Session Organised by FHI 360/LINKAGES, USAID, MSMGF, NSWP, INPUD, IRGT, UNDP, UNFPA & WHO Session Room 7

2 Global Commission On HIV and the Law 18 months of consultations, dialogues, evidence analysis and deliberation Report released in July 2012 Findings: both concerns and good practices Recommendations to ensure effective, sustainable response to HIV consistent with human rights – for governments, civil society and international bodies

The Global Commission’s Key Messages (2012) 1.Epidemic of bad laws is fueling the spread of HIV, resulting in human rights violations and costing lives. Epidemic of bad laws is wasting money & limiting effectiveness and efficiency of HIV and health investments. Good laws and practices that protect human rights and build on public health evidence already exist – they strengthen the global AIDS response, and they must be replicated. Scientific tools alone are not sufficient to halt and reverse AIDS. Enabling legal environments are essential to a successful AIDS responses. 3

Recommendations of the Global Commission on HIV and the Law as relates to Key Populations Sex workers: countries must ensure safe working conditions and offer sex workers and their clients access to effective HIV and health Repeal laws that prohibit consenting adults to buy or sell sex; stop harassment and violence against sex workers. MSM: countries must offer MSM access to effective HIV and Health services and commodities Countries must Repeal all laws that criminalize consensual sex between adults Remove legal, regulatory and administrative barriers to the formation of community organisations Transgender persons: countries must offer transgender people access to effective HIV and health services and commodities as well as repealing all laws that criminalize transgender identity or associated behaviour Repeal all laws that punish cross-dressing. Remove legal, regulatory or administrative barriers to formation of community organisations by or for transgender people 4

Recommendations of the Global Commission on HIV and the Law as relates to Key Populations People who use drugs: Countries must offer PWUD who do no harm to others access to effective HIV and health services, including harm reduction and voluntary, evidence-based treatment for drug dependence Countries must reform their approach towards drug use – harm reduction, NSP, OST; stop compulsory detention, registries, etc. Prisoners: Countries should ensure that necessary health care is available for prisoners, including HIV prevention and care services, regardless of laws criminalising same-sex acts or harm reduction; Any treatment offered must satisfy international standards of quality of care in detention settings. Migrants: In matters relating to HIV and the law, countries should offer the same standard of protection to migrants, visitors and residents who are not citizens as they do to their own citizens; Countries must repeal travel and other restrictions Countries must implement regulatory reform to allow for legal registration of migrants with health services and to ensure that migrants can access the same quality of HIV prevention, treatment and care services and commodities that are available to citizens 5

6 Current global situation LGBT and the Law 13 States (or parts thereof) have the death penalty 14 States have 15 YR  Life Relationship between males are illegal in 73 States Relationship between females is illegal in 45 States In the last 3 years, there were arrests, prosecutions, etc. in 49 States

Current global situation: the Law, Sex work and Drug Use Sex work and the Law In 109 countries globally, sex work illegal. And in 11 more countries, some aspect of sex work (e.g. ‘soliciting’, ‘living off the earnings’, etc. are criminalized. PWUD and the law 11 countries still practice the compulsory detention of drug users 15 countries impose the death penalty on drug users 7 Local Police Crack Down Drug Users Guangzhou Railway Station. Credit: gettyimages China Photo

Negative impacts of hostile legal environments that go beyond just the law Criminalization and hostile legal and policy environments prevent key populations (KPs) from accessing information, commodities and healthcare services Criminalization leading some service providers to refuse access to KPs, or to provide services in such a way as to create stigmatizing service delivery environments Criminalization leading to harmful policing practices that directly inhibit prevention (for example, inhibiting outreach in public spaces) and service delivery (for example, inhibiting methadone and harm reduction at clinic/service delivery points) Criminalization leading to violence against KPs, either by state actors or non-state community actors (and in criminalized contexts such violence is often with impunity) – e.g. in Uganda, Malawi, Nigeria, in India, in Russia, etc. 8

Interventions recommended by the Global Commission 9 Global Commission on HIV and the Law recommended the following key interventions to address issues related to HIV, human rights and the Law. These were: Legal environment assessments to inform legislative reform and Legal Reviews – e.g.: laws related to key populations National dialogue action planning on HIV and the Law based on recommendations from the LEAs Capacity building of parliamentarians, the judiciary, law enforcement, and duty bearers. Access to justice – law enforcement, legal services & legal/human rights literacy programs Knowledge management/capacity building products

DRC, Burkina Faso – preventing bills on criminalising homosexuality (Poster TUPED Jul.) DRC: advocating and ensuring costed supply of lubricants with condoms for Key Populations. Seychelles (2016): Penal Code striking down ‘sodomy’ – Seychelles LEA recommended this. Similar experience in Mozambique (2014). Malawi – LEA and review process: “moratorium on arrests of ‘gay’ men” ( ). China –PINGDENG programme by UNDP provides community-based legal services in China. In one year, 5 organizations have begun to deliver basic legal services in Beijing, Tianjin and Henan for KPs and PLHIV ( ). UNDP experience with using Legal Environment Assessments: LEAs are more than a legal review: they involve a process that is designed to build the partnerships between KP groups, civil society with relevant government actors, UN in-country, and other stakeholders, and these strengthened partnerships have proven to be the necessary basis for action following the LEA’s analysis. 10 Question is, does engagement for reforming laws / policies work?

Law reform is long-drawn and often long-term – and is exhausting. However, inclusive processes like a government-led LEA, that equally engages with duty bearers, affected community representatives and the civil society – opens up spaces for engagement and for intermediate/immediate wins. Role of the UN and other bilateral agencies and ‘donors’ have to be simply supportive. It is important to celebrate and nurture intermediate wins and milestones and to monitor change and progress. 11 In conclusion

UNDP Satellite – Risks, Rights and Health: Taking stock of the Global Commission on HIV and the Law; Session Room July 12h15 – 14h15 UNDP Posters: TUPED411, TUPED412, TUPED414, TUPEE533, WEPED342 & WEPEE594 could be of interest Abstract Session: Policies, Policing and Public Morality Friday 22 July ( at SR 4) could be of interest… Thank you 12 More at the UNDP Satellite to review the results of the follow-up to the Global Commission’s recommendations