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Note: This document is from the archive of the Africa Policy E-Journal, published by the Africa Policy Information Center (APIC) from 1995 to 2001 and by Africa Action from 2001 to 2003. APIC was merged into Africa Action in 2001. Please note that many outdated links in this archived document may not work.


Africa: AIDS Assembly Summary, 2

Africa: AIDS Assembly Summary, 2
Date distributed (ymd): 010703
Document reposted by APIC

Africa Policy Electronic Distribution List: an information service provided by AFRICA ACTION (incorporating the Africa Policy Information Center, The Africa Fund, and the American Committee on Africa). Find more information for action for Africa at http://www.africapolicy.org

+++++++++++++++++++++Document Profile+++++++++++++++++++++

Region: Continent-Wide
Issue Areas: +political/rights+ +gender/women+ +health+

SUMMARY CONTENTS:

This series of three postings contains brief topical excerpts from the official United Nations Declaration of Commitment on HIV/AIDS, June 27, 2001, paired with related excerpts from parallel statements released by youth, African civil society groups, and international civil society groups at the UN General Assembly Special Session. Because of the exceptional importance of evaluating the outcome of this unprecedented global gathering, we are making an exception of sending out three postings for your reference.

This posting contains excerpts on rights and discrimination. Related postings focus on prevention and treatement and on resources.

The full UN Declaration is available at:
http://www.un.org/ga/aids/coverage/FinalDeclarationHIVAIDS.html

The full Youth Position Paper is available at:
http://www.africapolicy.org/adna/ung0106c.htm

"HIV/AIDS and Civil Society: Africa's Concerns and Perspectives" is available at:
http://www.africapolicy.org/adna/ung0106d.htm

"A Civil Society Perspective on the UNGASS Declaration of Commitment" is available at:
http://www.africapolicy.org/adna/ung0106.htm

+++++++++++++++++end profile++++++++++++++++++++++++++++++

RIGHTS AND DISCRIMINATION

*UN Declaration, June 27, 2001*

[58] By 2003, enact, strengthen or enforce as appropriate legislation, regulations and other measures to eliminate all forms of discrimination against and to ensure the full enjoyment of all human rights and fundamental freedoms by people living with H.I.V./AIDS and members of vulnerable groups; in particular to ensure their access to, inter alia education, inheritance, employment, health care, social and health services, prevention, support, treatment, information and legal protection while respecting their privacy and confidentiality; and develop strategies to combat stigma and social exclusion connected with the epidemic.

[59] By 2005, bearing in mind the context and character of the epidemic and that globally women and girls are disproportionately affected by H.I.V./AIDS, develop and accelerate the implementation of national strategies that promote the advancement of women and women's full enjoyment of all human rights; promote shared responsibility of men and women to ensure safe sex; empower women to have control over and decide freely and responsibly on matters related to their sexuality to increase their ability to protect themselves from H.I.V. infection.

[60] By 2005, implement measures to increase capacities of women and adolescent girls to protect themselves from the risk of H.I.V. infection, principally through the provision of health care and health services, including sexual and reproductive health, and through prevention education that promotes gender equality within a culturally and gender-sensitive framework. . . .

[64] By 2003, develop and/or strengthen national strategies, policies and programs supported by regional and international initiatives, as appropriate, through a participatory approach, to promote and protect the health of those identifiable groups which currently have high or increasing rates of H.I.V. infection or which public health information indicates are at greatest risk of and most vulnerable to new infection, as indicated by such factors as the local history of the epidemic, poverty, sexual practices, drug-using behavior, livelihood, institutional location, disrupted social structures and population movements forced or otherwise. . . .

*Youth Caucus Position Paper, June 27, 2001*

  1. Recognizing that young women and men must occupy positions of leadership in the global fight against AIDS.
  2. Adopting a rights-based approach to HIV prevention, that affirms young people's rights to sexual and reproductive health information and care and services, as an indispensable way to stop the spread of AIDS.
  3. Acknowledging that the rights of children and young people orphaned by AIDS to education, shelter and a life free from discrimination must be respected.
  4. Affirming that care, support and treatment are a fundamental right for all people living with HIV/AIDS.
  5. Ensuring that the following groups of vulnerable young people are directly targeted for prevention, care and support, and treatment services: young women, people confined to prisons and institutions, young people in refugee settings, homeless youth, unemployed youth, out of school youth, young people from ethnic minorities and/or stigmatized social groups, young people living with AIDS, rural youth, young injecting drug users, young commercial sex workers, young men who have sex with men and young people living in extreme poverty.

*African Civil Society Statement, June 26, 2001*

We applaud the regional and global efforts leading up to a renewed commitment to fighting HIV/AIDS around the world. We further applaud the commitments in the draft Declaration on HIV/AIDS endorsed in this UNGASS and in previous such fora.

However, we wish to express our deep concern about minimal civil society involvement particularly from Africa, in these important initiatives by our leaders, which is evidenced among others by exclusion for the most part of civil society representatives in our national delegations to this UNGASS.

In addition, we protest in the strongest possible terms the further exclusion of duly accredited civil society partners in this process through the discriminatory practice of visa denials by the government of the USA.

We note further with concern, that while Africa is the region most affected by the HIV/AIDS epidemic, it is the least prioritized in terms of resource allocation and the global commitment.

We are concerned that through this process the voices of Africans, especially the poor and marginalized, have not been heard. As a result, we are deeply concerned that the grassroots experiences in Africa have not strategically informed the global process that has led to this UNGASS on HIV/AIDS, and yet, processes such as this affect the lives of millions of Africans, who are either living with HIV/AIDS or are affected, or are vulnerable to being infected with HIV.

Civil society is known to contribute significantly to the prevention of further transmission of HIV infection and improvement of care for persons living with HIV/AIDS, as well as alleviation of the HIV/AIDS impact in their respective communities. However, there is no sustained support for their work, few efforts to involve them in decision making, and insufficient resource allocation to enhance their effectiveness. Further, civil society views are not represented accurately nor articulated or integrated sufficiently into global policy making processes.

We need to recognize that everybody has a role and a responsibility in prevention, care and support with regard to the HIV/AIDS epidemic, and that special attention should be paid to vulnerable groups and communities that bear a heavier burden or are more highly impacted by the diseases, due to factors related to violation of human rights including gender. These include those infected and affected, especially people living with HIV/AIDS, women, children, youth, orphans, the poor, refugees, migrant populations, and internally displaced persons.

9. Much has been said about GIPA - Greater Involvement of People living with HIV/AIDS - in all HIV/AIDS programs. Yet it is only on paper. We demand that the GIPA principle must be put into practice in all HIV/AIDS programs for an effective impact on the target populations, communities, countries, and the globe in general.

*Civil Society Statement, June 27, 2001*

The Declaration provides a useful tool for focusing on the HIV/AIDS pandemic and addressing this urgent crisis through joint governmental and civil society leadership as well as all governments' political commitment to implement the Declaration. We particularly support the references to the role of poverty, underdevelopment and illiteracy as principal contributing factors in the spread of HIV/AIDS. We welcome and support the emphasis given to the empowerment of women and girls and the essential contribution of people living with HIV/AIDS and civil society. We also welcome and support the acknowledgement of the unique vulnerability of young people and indigenous populations.

However, it is essential that we continue to speak about vulnerable groups in relation to the epidemic; this is not simply a question of semantics but of ensuring the avoidance of inappropriate policies and programmes. We insist on specific references to vulnerable groups regarding decision-making and implementation of prevention, care and treatment strategies, especially those groups not mentioned in the Declaration. These are men who have sex with men, sex workers and their partners/clients, injecting drug users and their sexual partners, prison populations, mentally and physically disabled people, ethnic minorities and racial groupings, and transgendered persons.

Twenty years of experience with this pandemic has clearly shown that openness about HIV/AIDS, in all its aspects, is crucial to curb further spread of HIV and guarantee access to care, support and treatment. Real leadership is needed to address denial, stigma, intolerance and all forms of discrimination based on race, socioeconomic status, ethnicity, HIV status, class and religion, which to this date remain major obstacles to an effective response.

Human Rights

We reiterate that the response to HIV/AIDS should be framed within a strong and meaningful human rights-based approach avoiding the use of discriminatory language, with an emphasis on all those rights that are related to HIV/AIDS -- in particular international agreements and conventions adopted by the UN, such as the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Special attention must be paid to ensuring all human rights, including freedom from poverty, racism, gender bias and (threats of) violence against those affected by the epidemic and working in the field, as well as promoting the rights of people living with HIV/AIDS to education, work, shelter and medication.

We emphasize the importance of meaningful participation by, and support of, people living with HIV/AIDS at all levels of decisionmaking, planning, implementation and evaluation.

We note the crucial importance of developing a culture-specific approach. We do not support a rationale in which culture is used to weaken the Declaration and limit the universal necessity to curb the HIV/AIDS epidemic.

Gender

The gender-based and gender-biased social norms and beliefs prevalent in most societies form a major contributory factor to the spread of HIV and people's inability to confront the consequences of the epidemic in an adequate and effective manner. All prevention and care programmes must be gender-sensitive, challenging and addressing gender-based stereotypes in socialization processes that prevent men from sharing decision-making and responsibility with their partners. These programmes must also ensure that all adult and adolescent men and women -- irrespective of their sexual orientation -- can enjoy their human rights to appropriate prevention and care services.

Within this context, special attention is needed for empowering women and girls, particularly those that are affected by poverty, so that they can have control over, and make decisions about their sexuality and reproduction in a voluntary, responsible and informed manner, free from any coercion whatsoever.

Within the health sector, it is vital that HIV/AIDS programmes be carried out as part of a broader sexual and reproductive health policy and programming framework to ensure that the multiple needs of those affected by HIV/AIDS, both HIV-negative and HIV-positive, are addressed in an integrated manner that is meaningful to their daily lives. It is often the same factors and situations that place people at risk of suffering gender-based violence, HIV/STI infection, lack of access to harm-reduction measures, pre- and post-natal care, unwanted pregnancy and unsafe abortions.

Race and Ethnicity

Discriminatory practices based on race and ethnicity limit basic human rights, especially for women, to education, employment, housing and access to services. This makes members of specific racial and ethnic groups and indigenous populations particularly vulnerable to HIV infection. Recognition of the intersection of race, gender and HIV/AIDS is crucial for taking urgent action.

Youth

Young people have and will continue to serve on the frontlines in the fight against AIDS. Given that youth make up a significant part of the world's population, and that half of all new HIV infections globally occur among them, governments and civil society must recognise the value of investing in young people.

Young people must be included in key decision-making positions at every level, from community-based grassroots organisations to those with a global scope. It is vital that young people actively participate in the design and implementation of, and have guaranteed access to youth-friendly comprehensive information, education, treatment, services and care related to sexual and reproductive health, including HIV/AIDS. It is important to note that young people are also members of other social groups that are most vulnerable to HIV/AIDS.

Young people, especially marginalized and out-of-school youth, have the least access to full enjoyment of their rights. In order to effectively combat the AIDS pandemic, the political, civil, economic, social, cultural and development rights of young people must be guaranteed and protected regardless of their HIV status. We stress that community participation is needed to protect and promote the rights of adolescents to address their sexuality positively. These community-based efforts should include strategies to promote changes in the social norms that act as barriers to adopting safer sex.

We support the acknowledgement in the Declaration that children orphaned and affected by HIV/AIDS require special assistance. Orphans are frequently subjected to situations that significantly increase their vulnerability to many abuses. Therefore, all vulnerable children should have guaranteed protection from all forms of abuse, violence, exploitation, discrimination, trafficking and loss of inheritance.


This material is being reposted for wider distribution by Africa Action (incorporating the Africa Policy Information Center, The Africa Fund, and the American Committee on Africa). Africa Action's information services provide accessible information and analysis in order to promote U.S. and international policies toward Africa that advance economic, political and social justice and the full spectrum of human rights.

URL for this file: http://www.africafocus.org/docs01/sum0106b.php