If
asked, many will say that gone are the days when people living
positively with HIV/AIDS faced discrimination and stigma within the
society.
Truth is; stigmatization and discrimination is still on the rise in
the community and the worst is that this issue is greatly witnessed at
family level.
This has made some people living with HIV shun from disclosing
their statuses fearing to open gates for abuse, discrimination and
segregation.
How will I benefit if I disclose my status? How sure am I that it
will work for my benefit and that of people around me? Are some of the
questions most people living positively with HIV/AIDS ask.
In a case screening workshop organized by Futures International and
the National Council of People living with HIV/AIDs (NACOPHA) in
Morogoro, it was evident that there are still high rates of
discrimination and stigma against HIV positive people.
The forum aimed at enhancing the understanding of the 2008 HIV and
AIDS (prevention and control) Act among people living with HIV/AIDS
since many of them are not aware of it and how it protects them against
any kind of violation, harassment and discrimination.
The forum was also geared towards identifying incidents with
potential court cases in defense of NACOPHA members and a way forward on
how such cases may be pursued in future.
The HIV and AIDS (Prevention and Control) Act was enacted by the
government in 2008 but different circumstances and testimonies, show no
comprehensive understanding about the legislation.
According to the existing system in the country, the existence of
the law reflects the presence of applicable regulations as a means of
monitoring the implementation and dealing with those who violate the
requirements of the law. But with no clear regulations yet to be tabled
concerning the law threatens to be a restriction on how the law should
be applied.
A lawyer from the Ministry of Health and Social Welfare, Abdul
Rahim said the HIV and AIDS (prevention and control) Act 2008 should
have many regulations, but only one was written by 2010. He cited lack
of finance as one of the main reasons hindering efforts by the
government to write regulations for laws that are being enacted
including the one for HIV/ AIDS.
However, it was also noted that it is not just those living with
HIV/AIDS who are not well informed about the Act. There is need for
capacity building to different stakeholders. Among them are lawyers,
magistrates and the police.
On the other hand, there is a need to equip the community with
knowledge on how to seek legal assistance on HIV/AIDS issues. Since some
tamper with what should have counted as evidence when penalizing the
offender.
Vitalis Makayula, Chairman of the National Council of People living
with HIV/AIDS (NACOPHA) said his office is going to embark on
disseminating information across the country through its members and the
peer educators on the Act. “This is to help those living positively to
know where to go when faced with challenges and to also minimize
discrimination and stigma within the society,” he said.
Zainab Hamis, a resident of Kondoa in Dodoma narrated her case of
being denied access to her child by her husband claiming she was soon
going to die. Her efforts to report the matter to the police were all in
vain when the police asked her to pay 5,000/- for the case to be filed.
She could not afford the amount and the case was therefore never
filed.
This shows how uninformed the community is on matters concerning
access to justice. It then calls for community mobilization especially
in the rural areas since many could be blocked from accessing justice.
Until now, Zainab has no idea where her son is. Justice to her
remains a nightmare since she is faced with so many setbacks in the
process. She stays in Kondoa and was married in Arusha and therefore for
her case to be listened to, she has to file the charges with the court
in Arusha and all proceedings to take place there. To a common woman
without any income generating activity like her, this translates to be a
bit expensive.
Legal aid service providers also bear the blame for not advising
victims appropriately. For instance, not many HIV positive people are
aware of first tracking of cases filed by someone living with HIV.
In another incident, Zuhura Musa who got married in 2000 says her
husband secretly tested for HIV in 2006 and was found to be positive. He
did not disclose it to her. After learning about it from her husband’s
close relative, she decided to go for testing and discovered she was
positive too.
Despite the fact that her husband did not disclose his status to
her, she disclosed hers to him since she had been advised so by the
counselor. “That was the beginning of my problems. I asked him to get
tested but he refused saying he was not infected,” said Zuhura.
This left her wondering how she could have contracted the disease
but the fact that her husband never used protection even after she told
him she was HIV positive made her believe he was positive too.
In 2012, after a life full of difficulties, her husband chased her
from their house and brought in another woman and made her status public
(to the extended family). She is now seeking legal advice on how to get
assistance from the father of her children since they were legally
married and she is not capable of looking after them single handedly.
Her incident is protected by section 21(1a & b) of the Act
which states that any person found to be infected with the virus should
immediately inform their spouse and take all measures to prevent
transmission of HIV to others.
The lawyers stated that Zuhura’s husband might have been aware of
his condition and did not disclose it to her. Section 21 (3) of the Act
also protects a spouse from any abuse which Zuhura’s husband committed.
NACOPHA’s Advocacy and Networking Manager Lillianne Chovenye said
there are so many forms of stigma in the community towards those living
positive. She cited self stigma, location of CCT centers and family
stigma as the most common.
She challenged them to access information and empower themselves by
starting small income generating projects as individuals or in groups
that can help them sustain themselves rather than languishing in
poverty, waiting for hand outs.
Jean Eyase is a Kenyan journalist currently on exchange programme in Tanzania
