By Winnie Kamau
People Living with HIV (PLHIV) together with Human Rights activists and KELIN Kenya have moved to High Court challenging discriminatory laws incriminating people living with HIV.
The petition has been filed by five individuals including , a discordant couple and two experts challenging Section 26 of the Sexual Offences Act. The law discriminates against PLHIV, women, and the poor and violates a number of fundamental human rights.
The Activists say despite global consensus among experts and institutions such the World Health Organization and UNAIDS criminalizing HIV transmission and exposure weaken the ability of governments to end the AIDS.
Kenya has committed in international agreements and domestic strategic plans to eradicate such discriminatory laws yet has failed to do so and the Office of the Director of Public Prosecutions continues to charge and prosecute people with these offences.
The experts say the laws criminalizing HIV also load the probability of prosecution toward women because conviction requires proof that the accused knew her status and women know their status at far higher rates than men.
“Laws that make criminals of people simply for having HIV ignore science. People who are on HIV treatment and are virally suppressed are not infectious. The key to a successful HIV response and ending AIDS is making sure everyone with HIV knows their status and gets on treatment.” noted M.A, the fourth petitioner and a representative of the Discordant Couples in Kenya.
Adding “Thousands of discordant couples and breastfeeding mothers living all over Kenya run the risk of being arrested and charged under this provision if they come forward for HIV testing” said the representative of the Discordant Couples.
Nelson Otwoma, Director at the National Empowerment Network of People living with HIV/AIDS in Kenya (NEPHAK) noted with concern how the HIV criminalization laws are also notorious for abuse and arbitrary enforcement. “Such abuse will always be targeted at persons living with, vulnerable to or believed to be living with HIV whether or not their actions were culpable and whether or not their actions exposed another to the risk of contracting HIV”.
Through the Campaign dubbed Positive Justice seeks to raise awareness on the negative effects of enforcement of the law on PLHIV.
“This petition will not only safeguard the rights of those living with and affected by HIV and other sexually transmitted infections but also help alleviate the discrimination and stigma they face and help Kenya remain on track in achieving the 2020 UNAIDS Fast Track targets in ending AIDS” said Allan Maleche, the Executive Director of KELIN Kenya.
