OpenForum – a blog by the Health and Human Rights community

Ugandan legislators recently released the latest version of a controversial HIV/AIDS bill that “promotes dangerous and discredited approaches to the AIDS epidemic,” according to Human Rights Watch (HRW). In a response report published by HRW and endorsed by more than 50 organizations and individuals, HRW criticizes Uganda’s proposed HIV Prevention and Control Bill for the repressive nature of several new clauses while pointing out some of its more agreeable aspects.

As written, the draft law threatens human rights and progress toward universal access to treatment. The most alarming changes include the criminalization of intentional transmission of HIV, which could result in life imprisonment; compulsory testing of drug users, pregnant women, sex workers, and victims and charged offenders of sexual violence; and forced disclosure of HIV status. The government’s role in providing access to affordable treatment has been removed from the legislation.

“We know what works and what doesn’t in fighting HIV,” said Beatrice Were of the Uganda Network on Law, Ethics & HIV/AIDS. “This bill, unfortunately, is full of ineffective approaches that violate human rights and will set us back in our efforts to fight the AIDS epidemic and expand HIV programs nationwide.”

The bill’s most troubling traits are particularly unjust to women and high-risk groups. Because women are tested for HIV during pregnancy, a disproportionate number of women will know their HIV status and will thus be prosecuted disproportionately. The bill does not consider and protect a women’s inability to negotiate condom use or to tell a partner about her status — a partner who may have transmitted the disease to her in the first place. The HRW analysis finds that women who transmit HIV to their infants by feeding them breast milk would face criminal prosecution. Although the legislation exempts mother-to-child transmission “before or during the birth of the child,” the law does not protect mothers after child birth — the period of time when breastfeeding occurs. Additionally, there is little mention of counseling or support services for minors.

In short, the bill fails to provide a legal framework favorable to the effective national management of the epidemic. It fails to chip away at the more elusive yet fundamental perpetuators of the disease: stigma and discrimination.

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A former child soldier from Uganda, Grace Akallo, recently spoke at the UN Security Council about her experiences being abducted, sexually assaulted, and forced to fight for the Lord’s Resistance Army (LRA) at the age of 16. She described being sent into battle with an AK47 and forced to kill other children who attempted escape. The Security Council is now discussing using stronger methods to stop “repeat offenders” from recruiting children.

It is estimated that 250,000 children, some age 10 or younger, are currently recruited into armed conflicts around the world and used as soldiers, guards, messengers, or sex slaves. Such recruitment of children occurs most often in conflict zones such as Colombia, Democratic Republic of Congo, Uganda, and Sri Lanka. The use of child soldiers has been officially prohibited by a UN treaty ratified by 126 countries since 2002. Children in conflict areas are guaranteed special protection under the Optional Protocol to the Convention on the Rights of the Child and the Worst Forms of Child Labour Convention.

It is no surprise that rehabilitating child soldiers is a difficult and lengthy process. Because of the severe trauma they suffer, children who have been in combat require extensive long-term support to be re-integrated into communities, says UNICEF spokesman James Elder. He explains that child combatants “live in a theatre of violence and suffering…Instead of hope, fear defines their childhood.” Read more