1. HIV and NHRIs: towards zero discrimination
Brianna Harrison
Human Rights and Law Advisor
UNAIDS RST Asia Pacific

2. HIV response support to NHRI engagement on SOGI issues
Political commitment to address human rights
Strategic information: data and analysis at national, regional and global levels
Policy advocacy: recognition of NHRI mandate and critical role in achieving social justice, and advocacy for political commitment for NHRI engagement
Technical support on addressing issues relating to HIV-related stigma and discrimination (In Reach and Out Reach)
Supporting partnerships NHRIs and communities and others, engagement with United Nations and international human rights mechanisms and outputs (i.e. UPR)
Financial support

3. HIV is an entry point for NHRI engagement on SOGI
Stigma and discrimination on grounds of HIV status Stigma and discrimination experienced by key populations at higher risk - including men who have sex with men, transgender people, sex workers and people who use drugs - that hinders access to HIV prevention, treatment, care and support.
ZERO NEW INFECTIONS
ZERO DISCRIMINATION
ZERO AIDS-RELATED DEATHS

4. HIV… opening doors in Asia and the Pacific
“Noting with particular concern the continuing high prevalence of HIV among key affected populations, including sex workers, injecting drug users and men who have sex with men, as well as the extent of the legal and policy barriers that impede progress in developing and implementing effective ways of responding to HIV and related risks among them” (ESCAP Resolution 66/10, May 2010)
“Noting with concern the continuing barriers to access to HIV prevention, treatment, care and support faced by key affected populations, particularly sex workers, injecting drug users, men who have sex with men and transgender populations…
Calls on Members to:
Initiate…a review of national laws, policies and practices to enable full achievement of universal access to with a view to eliminating all forms of discrimination against people at risk of infection or living with HIV, in particular key affected populations (ESCAP Resolution 67/9, May 2011)
organise national, multi-sectoral consultations on legal and policy barriers to universal access… (Roadmap endorsed at 68th ESCAP Commission)
ESCAP Commission meetings have been attended by significant delegations of Bangaldesh government representatives, who have made these commitments.
66/10 – Min of Finance; Min of Env and Forests (total 9)
67/9 – Int. Affiars Advisor to the PM (total 6)
Roadmap – Min Health and Family Welfare; Min Home Affiars (Narcotics); Min Social Welfare; (total 5)
AP governments have committed not only to programmes, but to national and regional reviews of progress. These accountability processes are tools to use to convince stakeholders that action is necessary
67/9 listed and recognised key populations including transgender (not identified in Global commitments)

5. Global Commission on HIV and the Law
Evidence gathered and analysed shows that an epidemic of discriminatory laws is costing lives, resulting in human rights violations and fuelling the spread of HIV.
Countries must reform their approach towards sexual diversity. Rather than punishing consenting adults involved in same-sex activity, countries must offer such people access to effective HIV and health services and commodities.
Countries must reform their approach towards transgender people…. [including] repealing all laws that criminalise transgender identity or associated behaviours.
We have to change the laws “on the books” but also “on the streets” - if we don’t, we are wasting the vast amount of money that we are spending on responding to HIV.

6. Legal barriers to the HIV response in the 38 UN Member States in Asia Pacific
10 impose some form of HIV-related restriction on entry,
stay or residence
37 criminalize some aspect of sex work
11 compulsory detention centres for people who use drugs
15 impose the death penalty for drug-related offences
18 criminalize same-sex relations
Most countries criminalize sex work, drug use and same-sex relations.
Note that figures for criminalization of sex work previously reported was 28. These figures have recently been revised in light of additional research into legal environments criminalizing either (i) sex work in private; (ii) soliciting; and (iii) brothels. This research was published by UNFPA, UNDP and UNAIDS in October 2012.

7. Progress on laws since 2010
At least 11 punitive laws have been lifted, including:
criminalization of same sex practices; of cross-dressing; of HIV transmission, exposure or non-disclosure;
HIV-related discrimination in employment;
HIV-related restrictions on entry, stay and residence; and
compulsory detention of sex workers.
At least 8 countries have increased legal protections for PLHIV or key populations:
improved legal recognition of transgender persons;
protection against discrimination on grounds of HIV status or sexual orientation and gender identity; and
protection of labour rights and freedom from violence for sex workers.
Police, judiciary, NHRIs becoming more engaged
Legal recognition of transgender persons (India, Bangladesh, China (Taiwan and Hong Kong), Malaysia, Pakistan & Nepal) ***note Thailand draft constitution will recognise TG but since it’s only draft, Thailand is not included in this list.  Steve may nevertheless want to mention this at the IGM if he has time, since Thailand is host country***
Protection against discrimination on grounds of HIV status or sexual orientation (Pakistan and Philippines); and
Protection of labour rights and freedom from violence for sex workers (Cambodia)
Philippines and Pakistan on HIV discrimination; Philippines protection for SOGI discrimination; Cambodia protection for EW.

8. NHRIs: the link between rights and vulnerable populations
Role
Examples *
Supporting participatory review and reform of laws that have an impact on HIV (including LGBT issues)
Bangladesh, Indonesia, Malaysia, Nepal, Thailand
Monitoring implementation of HIV-related laws, policies and programmes (in partnership with community groups)
Nepal, Philippines
Receiving and adjudicating complaints brought by PLHIV and key populations
Indonesia, Myanmar, Mongolia, Philippines, ROK
Monitoring and reporting on HIV-related human rights violations
Bangladesh, India,
Mongolia, Philippines, Nepal, Sri Lanka
Educating and raising awareness on HIV and human rights – government, judiciary, health sector, public.
Bangladesh, Indonesia, Malaysia, Mongolia, Nepal, Pakistan, Philippines, Timor Leste, Thailand
National human rights institutions in the region have become increasingly engaged in addressing HIV-related human rights issues. Bangladesh, India, Indonesia, Mongolia, Nepal, Pakistan, the Philippines, and Timor-Leste have been actively engaged in capacity building and activities on HIV and sexual orientation and gender identity in order to strengthen the legal response to HIV and promote an enabling legal environment.
* Much of this work has been supported by the regional NHRI SOGI Project, implemented by IDLO, UNDP and the Asia Pacific Forum for NHRIs and the UNDP/UNAIDS/ESCAP sponsored legal reviews and consultations on legal and policy barriers to access to HIV services.

9. Recommendations developed through national consultations on HIV & law
Bhutan
Empower human rights institutions with the necessary and appropriate statutory powers to enable them to address and respond to diverse legal and ethical issues and implications pertaining to human rights
Fiji
Amendment to the Human Rights Commission Decree to align it with the Constitution and ensure easy access to Justice
Malaysia
SUHAKAM and Bar Council to follow up on recommendation No: ix of the SUHAKAM report, “Public Forum on The Right to Health: Achieving MDGs”
Myanmar
Strengthen the capacity of the National Human Rights Commission to address HIV-related complaints. Staff of the Commission should be trained on HIV-related human rights issues and the nature of rights violations commonly experienced by key populations
Sri Lanka
Support the Human Rights Commission to gather stakeholders to address the issue of illegal detention at Methsevana and to take proper legal steps

10. Policy recommendations
Study on Sex Work, Violence and HIV in Asia (2015):
National human rights institutions should monitor and respond to incidents of violence and violations by state and non-state actors.
Human rights institutions should seek to ensure that all guidelines and programmes to prevent and eliminate gender-based violence expressly address the needs of male, female and transgender sex workers.
UNDP/AFP/IDLO capacity assessment project

11. Technical support In-reach support:
Tools & support for capacity development:
Workplace policies
UNAIDS/OHCHR Guidance for NHRIs;
UNDP/IDLO/APF capacity assessment project on SOGI (funded through regional Global Fund HIV grant)
Out-reach support:
National reviews and consultations on legal barriers to HIV
Strategic partnerships and support: eg. NHRC Nepal project Including the Voices of Marginalized Women in the Universal Periodic Review
Regional collaboration and information sharing:
Bangkok 2010; ICAAP (Bangkok); ICAAP 2015 (Dhaka)
Mention under In-Reach: that one of the key recommendations for NHRI’s is to establish a focal point on HIV/key populations as experience from UNDP/IDLO project with NHRIs on SOGI issues has found this to be correlated with greater engagement and better outcomes.

12. Financial support For: NHRI sensitization and training
legal environment assessments and investigations/reports on rights of key populations
strengthening of complaint mechanisms
Education/outreach programmes with communities and policy-makers
Global Fund on HIV/AIDS, TB and Malaria; EU; UNDP, UNAIDS etc

13. Reflections and next steps…
Recognising the lessons learned from NHRI engagement on HIV to date, and the value in leveraging support from HIV’s public health and social justice agenda, consider: active support for HIV response as basis for sustained and expanded action on rights of marginalised and vulnerable populations including LBGT.”