Global Commission on HIV and the Law: An Overview of Activities
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Eastern Europe Central Asia Regional Dialogue, Chisinau, Moldova, 18-19 May 2011
![Why? Increasing attention to legal environments in the context of HIV (UN Secretary General, UNDP Administrator, UNAIDS Executive Director, UNAIDS Strategy, regional and country commitments etc.) Yet, human rights violations increasing & with impunity HIV responses struggling to produce high impact results due to adverse legal environments affecting most vulnerable communities, women and HIV- positive people ,[object Object],2 Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
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Global Commission on HIV and the Law: An Overview of Activities
- 1. An OverviewEastern Europe Central Asia Regional DialogueChisinau, Moldova 18-19 May 2011 1 Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
- 3. Goal 3 To develop actionable, evidence-informed, human rights-based recommendations for effective AIDS responses that mitigate the impact of HIV and promote and protect the human rights of people living with and most vulnerable to HIV Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 GCHL/MTG1/WP/6
- 5. Greater awareness among key stakeholders
- 6. Leadership of law and policy makers to create a positive legal environment
- 7. Public dialogue on social attitudes, human rights and legal issues relating to HIV
- 8. Civil society engagementSecretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
- 9. 5 3 mutually reinforcing axes
- 10. Launch 6 Geneva, 24 June 2010 “Some 106 countries still report having laws and policies present significant obstacles to effective HIV responses”Helen Clark, UNDP Administrator “We must stand shoulder to shoulder with people who are living with HIV and who are most at risk. By transforming negative legal environments, we can help tomorrow’s leaders achieve an AIDS-free generation” Michel Sidibé, UNAIDS Executive Director Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
- 11. First Meeting of the Global Commission on HIV and the Law Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023 7
- 13. Laws and Practices That Mitigate or Sustain Violence and Discrimination as Lived by Women
- 14. Laws and Practices that Facilitate or Impede HIV-related Treatment Access
- 15. Issues of Law and HIV pertaining to children Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
- 16. Regional Dialogues Why? For a global commission to learn from and hear perspectives and experiences on HIV and the law from the regions….their scope, scale, impact, contours, nuance An opportunity to stimulate constructive dialogue on issues on HIV and law between civil society and government in the region To move beyond identifying problems to developing/ sharing practical solutions which are relevant to country realities … mobilising civil society (not just HIV CSOs) and government (not just NACs/NAPs/MoH) 9
- 17. Regional Dialogue: Eastern Europe & Central Asia Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 10
- 18. Regional Dialogue: Eastern Europe & Central Asia Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 11
- 19. Participants at the Regional Dialogue Government participants: From ministries of interior, health, justice, legal departments, prisons, From Armenia, Azerbaijan, Kazakhstan, Kyrgyzstan, Moldova, Ukraine Civil society participants: grassroots activists, HIV NGOs, PLHIV groups, sexuality and sex work coalitions, trade unions, academics & scholars, human rights lawyers. From Armenia, Azerbaijan, Belarus, Bulgaria, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Lithuania, Macedonia, Moldova, Serbia, Slovakia, Russia, Tajikistan, Ukraine, Uzbekistan 12 Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
- 20. Ownership & Follow up Strengthening country engagement throughout the process: Leverage influence of Commissioners/use Commission as a vehicle Effectively mobilizing UNAIDS Cosponsors, broader UN family at regional and country level and key regional bodies at regional and country levels Locating Regional Dialogues/ Commission meetings in countries that have expressed some interest and/or commitment or are considering law or policy reform Purposeful selection of government participants in Regional Dialogues Engaging broad range of civil society – i.e: groups working on human rights, harm reduction, women’s health, children’s issues, health and development Involving game-changing opinion-makers at country/ regional level to increase dialogue and mobilization Select 10 countries for follow up - announce when report is launched Country roadmaps in 10 countries by 2012 – 20 countries by 2015 13 Secretariat, Global Commission on HIV and the Law UNDP, HIV/AIDS Practice, Bureau for Development Policy, 304 East 45th Street, New York, NY 10017 Tel: (212) 906 5132 Fax: (212) 906 5023
- 21. Thank You www.hivlawcommission.org 14
Hinweis der Redaktion
- The Global Commission on HIV and the Law has been created to meet the urgent need of developing and promoting rights-based laws and policies in the context of HIV. The Commission will thereby help put an end to punitive laws, policies and practices, promote and protect the human rights, health and well-being of people living with HIV and most vulnerable to it, and further the development of Least Developed Countries. While many may suggest that the global economic crisis limits the potential success of the Commission, a rights-based approach both eliminates wasteful policies and optimizes HIV, health and development investments.Examples of political commitments which create policy space:- Ban Ki-moon, Secretary General, United Nations, at the World AIDS Day, 2009:“I urge all countries to remove punitive laws, policies and practices that hamper the AIDS response… Successful AIDS responses do not punish people; they protect them…We must ensure that AIDS responses are based on evidence, not ideology, and reach those most in need and most affected.”- Helen Clark, Administrator, United Nations Development Programme, at Launch of the Global Commission on HIV and the Law, Geneva, 2010:“Every day, stigma and discrimination in all their forms bear down on women and men living with HIV, including sex workers, people who use drugs, men who have sex with men, and transgender people. Many individuals most at risk of HIV infection have been left in the shadows and marginalised, rather than being openly and usefully engaged… To halt and reverse the spread [of HIV], we need rational responses which shrug off the yoke of prejudice and stigma. We need responses which are built on the solid foundations of equality and dignity for all, and which protect and promote the rights of those who are living with HIV and those who are typically marginalised.”
- Recommendations taking a rights-based approach and grounded in evidence are desirable. However, if we do not make them actionable, we have not made their adoption as probable as possible. Therefore, the goal of the Commission is to develop actionable, evidence-informed, human rights-based recommendations for effective AIDS responses that mitigate the impact of HIV and promote & protect the human rights of people living with and most vulnerable to HIV.
- The lifespan of the Commission is 18 months, from June 2010 to the end of 2011. The impact of the Commission shall be far greater, even beyond its recommendations. Through its work, the Commission will draw together the evidence base for the global HIV response, by increasing awareness among key stakeholders, engaging with civil society to strengthen their shaping of the response, in addition to other objectives.Â
- The Commission is based on three mutually reinforcing axes: ahigh level commission that will add insight and weight to findings and recommendations, 2. aTechnical Advisory Group to help generate and build consensus around the evidence base, and3. Regional Dialogues to ensure participation and inclusion of affected communities and law- and policy-makers
- The Global Commission on HIV and the Law was launched in Geneva, on June 24th 2010, at the Palais des Nations. It took the format of brief statements from participants followed by a moderated Q & A with members of the press.Participants: Ms. Helen Clark, Administrator, UNDP Mr. Michel Sidibé, Executive Director, UNAIDS Professor Miriam Were (Kenya), Commissioner, Global Commission on HIV and the Law Ms. Claudia Ahumada (Chile), Coordinator of Women’s Campaign, World AIDS CampaignThe Commission has already received significant press coverage, primarily positive and primarily concentrated in low- and middle-income countries.
- The first meeting of the Commission took place on October 6 – 7 in Sao Paulo Brazil – hosted by Former Brazilian President Fernando Henrique Cardoso President Cardoso is serving as the chair of the Commission and Dr Shereen El Feki (Egypt) the Commission Vice-Chair. All 14 Commissioners participated in the first meeting which was opened by UNDP Administrator Helen Clark. Professor Miriam Were participated by video conference from Nairobi.In addition to the technical issues relating to HIV and the law, the Commissioners discussed the following:What is the Commission trying to achieve?To whom is the Commission addressing its recommendations?How can the Commission frame its argument most effectively?What kind of evidence can the Commission realistically gather in the time available that will best support its case?
- The Commission decided on a number of key focus areas.
- Dialogues in Asia Pacific and Caribbean have taken place and in both regions concrete follow up at country level has already kicked offE.g.: national dialogue on law reform in PNG planned for next month; judicial sensitisation in Caribbean region on issues of HIV and the Law planned for October Engage ministries of justice and health, police, Parliamentarians, judiciary, national human rights mechanismsCommissioners and TAG members (where possible) to attend the Regional DialoguesWhat is a regional dialogue?Not a formal hearingRespectful dialogue/conversation among government, civil society and affected communities
- 111 civil society submissions Covering 19 countriesSeveral regional submissions
- Submissions covered the range of issues before the Commission
- The Commission aims to build strong stakeholder ownership and robust follow-up to ensure that its recommendations are realized, and change does occur. The Regional Dialogues will help strengthen national ownership of and commitment to the response, and the locations of those dialogues are to be held in countries that have expressed interest in the Commission or are considering substantial law or policy reform. As well, the Commission shall engage game-changing opinion-makers at the country and regional levels, thereby furthering mobilization and exchanges among stakeholder groups.Â