HIV decriminalisation: Zim to follow global trends

24 Mar, 2019 - 00:03 0 Views

The Sunday Mail

Forward Nyanyiwa

For long, the calls have been loud and desperate, but with no hope in sight. For a good reason, HIV and Aids activists have been fighting this battle albeit with limited success but victory seems to be certain following pronouncements by the Minister of Justice, Legal and Parliamentary Affairs Minister, Hon Ziyambi Ziyambi last Wednesday.

The activists have been calling the Government to repeal Section 79 (1) of the Criminal Codification and Reform Act on deliberate transmission of HIV and Aids , which criminalises transmission of HIV and Aids  to a partner, arguing that it perpetuated stigmatisation as it was counter-productive.

However, after decades of advocacy and marathon meetings, their calls have come to fruition as the Second Republic is swiftly moving to operate on international trends.

Responding to Zengeza West legislator, Mr Job Sikhala (MDC Alliance), during a question-and-answer session in the National Assembly last week, Minister Ziyambi said Government is set to repeal a legal provision that criminalises transmission of HIV and Aids  in order to keep abreast with international standards.

Said Minister Ziyambi: “When this legislation came into effect, the thinking was that we need to control the spread of HIV by criminalising those who transmit it to partners willingly. But the global thinking now is that law stigmatises people living with HIV and Aids  and studies have shown that it does not produce the results that were intended. What the Ministry is going to do is to repeal that section of the law and ensure that we keep up to speed with modern trends in the world.”

The pronouncements did not only came as sweet music to the ears of those living with HIV and Aids but also to various health stakeholders who believe it was long overdue for the Government to do away with the archaic law.

Criminal transmission of HIV is defined as the intentional or reckless infection of a person with the virus.

This, however, has been the bone of contention in many countries with critics pointing to lack of empirical evidence supporting its ability to stop or slow infections.

In neighbouring South Africa, their Supreme Court judge, Justice Edwin Cameron who openly revealed his HIV status argued against criminalisation at the 17th International Aids Conference in Mexico City.

In Zimbabwe, like in many English-speaking countries and in most states who signed the European Convention of Human Rights, knowingly infecting with HIV can lead to criminal prosecution.

Although the debate over the rationale of the law has been raging for some time now, it is the Government’s willingness to repeal the law that has caught the attention of many.

Reverend Maxwell Kapachawo of the “ini ndinorarama ne Aids fame” who openly revealed that he was HIV-positive in 2004 said this is a welcome development.

“I have heard about it that Government is in the process of repealing that law and I want to say it is a welcome development. We should not have had such a law in the first place because in our African culture, it could not work.

“We all know that in our society, HIV is transmitted mainly by unprotected sexual intercourse with an infected partner, so do you think our people would report each other? The law was just a waste of time,” said Rev Kapachawo.

The director of TB and Aids in the Ministry of Health and Child Care, Dr Owen Mugurungi, said repealing the law is a plus in the country’s quest to meet the revised 95-95-95 HIV targets by the year 2020.

“This is a plus for us as a nation. We are chasing the 95-95-95 HIV targets and this law has been derailing our efforts to meet the first 95 percent target.

“The law was stigmatising as it was dehumanising and embarrassing for people to come out in the open and get tested for HIV. One would feel ashamed and fear to be pointed and this led many people to avoid being tested.

“Let’s say in a married couple, either the wife or the husband would chicken out to go for tests for fear of being reported to police and this had a negative impact on our efforts as a country to meet our set targets,” he said.

Dr Mugurungi also lambasted the law saying it never achieved its intended use from the onset.

“If we look closely, the law was put up to slow transmission of HIV and Aids but the situation on the ground is not pointing that way. We are actually having new infections by the day and the worrying issue being that those infecting others and those infected are not coming out in fear of the same law.

“I want to believe that by repealing the law, we will easily reach our first 95 percent target which cumulatively means reaching the other remaining targets,” Dr Mugurungi added.

Zimbabwe is chasing the 95-95-95 HIV targets which are that by the year 2020, 95 percent of people living with HIV should know their status, 95 percent of those HIV-positive should be on antiretroviral therapy and the 95 percent of those on treatment should have viral suppression.

It is the first 95 percent target that has been affected more by the current law because most of the people living positively were afraid to come out for fear of prosecution.

There were instances, too, were infected spouses, mainly women, would suffer in silence because reporting their husbands who would have affected them, as in most cases that would mean family breakdowns as most men are the breadwinners.

Prominent HIV and Aids activist, Mrs Tendai Westerhof, applauded the Government and also paid tribute to those who have been championing the cause all these years.

“I want to applaud the Government for a great move towards ending Aids and breaking stigma and discrimination because these have been hampering the success made so far.

“Again it shows that there is power in numbers as a lot of advocacy was done.

‘‘There is need to ensure we sensitise communities on these positive developments which now makes it easier for all to access health services,” she said in an interview recently.

Another HIV activist, Mr Jim Diamond, said Government should now move with speed to repeal the law so that the country starts benefiting from this good move.

“Government must now walk the talk and move with speed to repeal the law so that we enjoy the benefits. Remember if most people come open with their statuses, it means many will get medical treatment hence reducing transmission as we move towards ending the once deadly scourge as a country,” he said.

Responding to questions on the timeframe when he envisaged to make amendments, Minister Ziyambi last week told the National Assembly that: “I have acknowledged that we are going to do that and we are perhaps looking at introducing that amendment through the Marriages Amendment Bill that is to come. That is the fastest way to do it.”

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