UGANDA: Rights body wants HIV Bill revised

By Mercy Nalugo

The Uganda Human Rights Commission (UHRC) has rejected some of the provisions in the controversial HIV/Aids Bill 2010, saying they are discriminatory and infringe on human rights.

Appearing before the parliamentary joint HIV/Aids and Health committees, which are currently scrutinising the Bill, the team from UHRC argued that the provisions on criminalisation of attempted or intentional spread of HIV/Aids, mandatory testing, and disclosure of one’s results without their consent was a violation of their rights.

The Bill, a private members’ initiative of the HIV/Aids committee, was handled by the 8th Parliament but was later shelved. 

It has now been re-introduced and the two committees are conducting public hearings.

The team led by UHRC Commissioner Amooti Katebalirwe Wairumba said Uganda was signatory to a number of international, regional, and national human rights standards relating to HIV/Aids, which should provide guidance to what should inform the Bill.

“Retaining the provisions on attempted and intentional transmission in an HIV/Aids specific legislation would be discriminatory against persons living with HIV/Aids. UHRC highly recommends and strongly urges that these provisions be deleted,” Mr Wairumba said.

The criminalisation

If enacted, the Bill would make intentional transmission of HIV/Aids an offense, punishable on conviction, by up to 10 years’ imprisonment 

UHRC said the Penal Code Act was sufficient enough to deal with the offenders. Section 171 of the Penal Code Act prohibits any negligent act likely to spread the infection.

“The internal guidelines on HIV/Aids and human rights recommend voluntary partner notification and provides for exceptions in narrow parameters,” the UHRC report noted.

Prof. Gilbert Bukenya (Busiro North) supported the activists, saying some of the provisions were uncalled for. He noted that there were several diseases leading to death and wondered why only HIV/Aids was being singled out.

Source: Daily Monitor (28/02/2013): http://www.monitor.co.ug/News/National/Rights-body-wants-HIV-Bill-revised/-/688334/1706804/-/bo381hz/-/index.html