This document summarizes key legal issues related to HIV in Eastern Europe and Central Asia. It notes that while some laws intend to achieve good outcomes, they can sometimes have unintended negative health impacts. Both "good" and "bad" laws are discussed. Specifically, anti-narcotic and anti-trafficking laws are used in ways that hinder HIV prevention efforts. Some positive examples of working with authorities to enable harm reduction are mentioned. The document also addresses gaps in legal protection and failures to implement supportive laws, which negatively impact groups like sex workers, people who use drugs, and men who have sex with men. Recommendations include advocating for law and policy changes, improving implementation of existing laws, and ensuring

1. Overview of Key Legal Issues Eastern Europe & Central Asia Regional DialogueChişinău, Moldova18-19 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

2. Purpose of this presentation To provide an overview of the key issues related to law, human rights & HIV in the region Based on the civil society submissions received for the Regional Dialogue Supplements a range of issues raised in background paper for the Regional Dialogue (see draft) 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

3. Types of Messages ‘Good’ laws can have bad consequences – laws may have good intentions but have harmful impacts* in their substance & implementation ‘Bad’ laws cause harm – some laws are fundamentally flawed and therefore have detrimental impacts* Non-implementation of laws – failure to implement existing laws causes rights violations & concomitant vulnerability to HIV* Gaps in the law – an absence of law fails to protect those who are marginalised or vulnerable* * Although the dialogue shall discuss issues in the context of HIV, it is important to understand impacts within the context of broader health & development goals and within the context of broader community benefits 3 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

4. I. ‘Good’ laws can have unintended consequences Negative health impact of criminal laws Although goal of eliminating illicit drug trade may be laudable, anti-narcotics laws are used to justify punitive legal measures against drug users and prevent access to harm reduction services – negative impact on the HIV response. These laws also have serious impacts on drug users within prison settings Anti-narcotics laws have limited impact on the intended purpose i.e. crime prevention Similarly, laws against human trafficking may have good intentions, but are used mostly against sex workers – provide license to police to harass, abuse, arrest and exploit; prevent effective HIV interventions. 4 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

6. How can civil society and government be engaged to scale up positive examples?

7. What are the key messages that can be most convincing to law- and policy-makers (including law makers, ministers, judges and law enforcers)?5

10. How can civil society and government be engaged to scale up positive examples?

11. What are the key messages that can be most convincing to policy-makers?6 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

13. How can government and civil society work together to improve implementation of laws?7 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

15. Are there gaps in the enforcement of laws that need to be addressed?8 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. Discussion What does this overview tell us about law, the lack of law and its (non) implementation? Why is there a dichotomy between the law and health ministries? How do we overcome this inconsistency? What are the key challenges for government/civil society that need to be recognised and worked toward addressing? What are the solutions that can be offered to law and policy-makers given the issues that have been raised? 9 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

17. Group work Drug Policy and Drug Use – 1 Drug Policy and Drug Use – 2 Access to healthcare, treatment, Discrimination based on health status (HIV, TB, Hepatitis C, workplace issues, travel restrictions) Sex, Sexuality & Family relationships (sex work, MSM and transgender, young persons) 10