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Experiences, good practices and lessons learned in supporting the implementation of the recommendations of the Global Commission on HIV and the Law

[Facilitator’s note: Please find below responses, received with many thanks, from Deni Ahmad Fauzi, UNDP Indonesia and Ludfine Anyango, UNDP Kenya; to phase I of the e-discussion on “The Global Commission on HIV and the Law – Taking the Commission’s Recommendations Forward”. We look forward to receiving additional responses, which can be posted online here, or alternatively via email to Kindly note that the discussion platform is publicly accessible. The discussion platform can provide translations of contributions - use the ‘Google Translate’ button on the top of the screen and select the language of your choice.* Thank you.]

Deni Ahmad Fauzi, UNDP Indonesia: 

Review and National Consultation on legal and policy barriers to HIV and the Key Affected Population in Indonesia
Indonesia is a decentralized country where we have 34 Provinces, 98 cities and 403 districts. As part of the decentralization process which started in 1999–2000, and special autonomy packages for certain provinces in Indonesia, there has been an increase in locally enacted by-laws and regulations on a number of issues, such as health, education and family affairs.  Some of these laws and regulations do not conform to international law and standards, nor do they respect provisions in Indonesia’s Constitution and the Human Rights Act (No. 39/1999). We are also the largest Islamic country in the world, which bring its own advantages and disadvantages in terms of developing by-laws and regulations.

Although at the National level, we do not possess specific laws related to HIV, across the provinces in Indonesia you will find numerous local law and policies that are HIV related; however most of these laws and policies are not providing protection that are needed for Key Affected Populations. In many cases these laws and policies ignite more stigma and discrimination. These happened because during the development of laws and policies, the communities as the most affected people were not consulted and involved in the process and the people who developed the laws and policies do not possess a good understanding and knowledge of HIV. Various laws and policies were developed based on the wrong stereotype and perception around HIV and the affected communities and also misleading in the paradigm of the right of the individual are foremost compared to that individual is expected to what is necessary to protect the rights of collective society. Various laws and policies were developed based on the wrong stereotype and perception around HIV and the affected communities.

We felt that is important to do a study to review the existing national and provincial laws that is relevant to HIV. Through this study, not only we can review the existing law and policies but we can later create recommendation on how to improve the legal and enabling environment for the affected key population. We have established a National Steering Committee and its members consist of Government and CSOs. We have the Ministry of Law and Human Rights of Indonesia, the National Human Rights Commission, the National AIDS Commission, the Ministry of Health of Indonesia, the Sex Workers Network (OPSI), the Network of Victim of Drug Users (PKNI), the GWL-Ina Network, the HIV Positive Women Network, the Legal Aid Foundation and UNAIDS Secretariat as the members of our National Steering Committee. Our Technical Team consists of one professional consultant, one consultant from the key affected community and one person from the Ministry of Law and Human Rights acting as Senior Advisor to the study.

We just finished the desk review process and Focus Group Discussion in 4 provinces (East Java, Bali, North Sumatera and DKI Jakarta).

The selection of these four provinces were based on the provincial laws that were developed by the Provincial Government and the result of the implementation of the law in each provinces.

This is the first time we have this type of study at the national level. We hope the result of this study can affect policy change in terms of the development of the Provincial Law that can be more sensitive to HIV. And provides inputs for the Ministry of Law and Human Rights to mainstream HIV and other minorities into their Human Rights Committee programme area.           

The challenge is to have a buy-in from the Government. Because the most crucial thing is for this study is not implementing the study but how can we make the report of the study to be owned by the Ministry, in this case the Ministry of Law and Human Rights. And later for the Ministry to use the report for policy changes to be more more sensitive to HIV and strengthen the legal and rights protection for people vulnerable to HIV and other minorities. Fortunate for us, now we have a Senior Official from the Ministry of Law and Human Rights who work with us as a Senior Advisor for the study. He also helps us in paving the way regarding our relationship with Ministry. We used a personal approach and although it may takes time, it works.   


Ludfine Anyango, UNDP Kenya: 


1.0 Introduction: As a follow up to actualization the recommendations of the Global Commission on HIV & the Law in its report Risks Rights and Health, UNDP Kenya working in partnership with other UN agencies, the government of Kenya and civil society organizations is supporting the country to take forward the commission’s recommendations to ensure the creation of an enabling legal environment for persons living with and affected by HIV.  Some of the key activities undertaken revolve around empowering rights holders and sensitizing duty bearers such as  Persons living with HIV (PLHIV) with legal and human rights information, particularly members of key and affected populations, educate various stakeholders on legal issues relating to HIV and reviewing laws and policies to align them with the relevant international instruments and the Constitution of Kenya 2010.

2.0 Activities Undertaken. (August 2012- June 2013)
2.1 Review of Laws and Polices relating HIV: UNAIDS, in partnership with UNDP and National AIDS Control Council (NACC) were able to facilitate a process in which all the laws and policies in Kenya that touch on matters relating to HIV were reviewed. The laws and policies were assessed against the provision of the Kenyan Constitution and other international instruments including the International Guidelines on HIV & Human Rights. Specific recommendations were made on laws that need to be amended to ensure the creation of an enabling environment for the provision of HIV related services.

2.2 National Symposium on HIV and the law: The symposium initiated a dialogue among legal professionals, law enforcement agencies, communities of PLHIV including key and affected populations, service providers, government officials and institutions mandated to protect and uphold human rights on how to utilize the law and human rights to create an enabling environment for prevention, treatment, care and support of those living with and affected by HIV. The symposium has resulted in a raised national awareness among the key stakeholders on the linkages between HIV, law and Human rights and how the law can be utilized to create an enabling environment for those that are living with and affected by HIV. Furthermore, there is increased advocacy on HIV in the context of law and human rights. In addition strategic linkages have been strengthened among legal professionals, law enforcement agencies, communities of PLHIV, service providers, government officials and institutions mandated to protect and uphold human rights to facilitate a rights based approach in the nation response to HIV.

2.3 Legal environment Assessment: The report on the violation of human rights against people living with and affected by HIV and AIDS was launched in 2012. The study details how human rights violations negatively impact on access to treatment, care and support. It recommends dialogue between duty bearers and rights holders on HIV and the law and the need to uphold rights for people infected and affected by HIV.

2.4 National database for probono lawyers: An online database of legal practitioners who provide legal services to improve access to justice for people living with HIV was launched on the 10th of December 2012. PLHIV are now able to directly reach lawyers who have been trained to provide services to them. It has resulted in affordable and accessible legal services.

2.5 Development of standard training curriculum. A standard training curriculum on HIV
and the law has been developed for use by various members of the community

2.6 Capacity building on HIV, human rights and the law: 20 lawyers and 20 healthcare workers from Mombasa and Kilifi counties have been trained on matters relating to HIV and the law. Furthermore, they have been trained on how to use the progressive provisions of the Kenyan Constitution to help create an enabling environment. Networks of PLHIV including representatives of key & affected populations have also been trained about their rights and the law. As a result the health care workers recommended inclusion of legal and human rights education into the training curriculum for medical education. They agreed to begin by sensitizing their colleagues on the rights-based approach that focuses on the needs of to the patients and respect for the rights of PLHIV and key populations. Furthermore the lawyers signed up to work with KELIN ( a CSO partner comprising of lawyers working on HIV and health)  as pro bono advocates to enable PLHIV’s  access   justice.

2.7 Support to the HIV & AIDS Equity Tribunal: UNDP initiated partnership with the Equity Tribunal (The first of its kind globally) in July 2012.  As a result, the institutional capacity has been strengthened, a strategic plan exits as well as rules and regulations. The technical support will go a long way in ensuring the Tribunal delivers on its mandate in providing access to justice for PLHIV.

2.8.  Generation of strategic information: (1) Support towards ongoing rapid needs assessment of HIV positive male sex workers in Kenya. The study aims to promote health rights of HIV positive male sex workers.(11) Support towards stigma index study. The national study will go a long way in influencing advocacy work and anti-stigma campaigns.

 3.0 Activities to be undertaken. The following are planned activities for 2013:
 I.  A three day regional capacity building workshop in Nairobi for 35 law enforcement officers (police officers and prison wardens) on HIV, the law and Human Rights.

 II.  Three half day county dialogue forums, with 25 county representatives in the Counties of Mombasa, Kisumu and Kilifi to discuss key issue affecting persons living with HIV in the counties.

 III.  A breakfast meeting with 25 law enforcement officers (police officers and prison wardens) for implementation of law and policies relating to access to services for prisoners and persons in custody.

 IV. A two day regional dialogue forum with 30 Judges on HIV, the law and Human Rights.

 V. A three day national dialogue with 20 Magistrates on HIV, the law and Human Rights

 4.0      Our  Key partners
4.1 Government of Kenya: Through The National AIDS Control Council (NACC)

4.2 CSO: Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)


*This e-discussion is organized by UNDP’s HIV, Health and Development-Net and the Network for UNDP’s Partnership with the Global Fund, and cross-posted on the UN Human Rights Policy Network – HuriTALK, DGP-Net, Gender-Net, the Asia Pacific Community of Practice on HIV, Gender and Human Rights (HIV-APCoP), the joint United Nations Initiative on Mobility and HIV/AIDS in South East Asia (JUNIMA), the UNICEF HIV/AIDS Community of Practice, the Interagency Task Team HIV and Young People Community of Practice and the Global Commission on HIV and the Law mailing list.

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