www kelinkenya org Legislating HIV- The Kenyan Experience

www. kelinkenya. org Legislating HIV- The Kenyan Experience Allan Maleche Executive Director KELIN ©

OUTLINE OF PRESENTATION Background to the Act The Road to the Act Preview of the Act Lessons Learnt Nigerian draft law Conclusion www. kelinkenya. org

About KELIN • KELIN is a human rights NGO working to promote and protect HIV related human rights in Kenya. We do this by providing legal services and litigation, conducting trainings on human rights, engaging in advocacy campaigns to influence policies that guarantee the right to health and undertaking research that promotes evidence based change. 3/19/2018 3

Background to the Act • Diagnosis of HIV in Kenya in 1984 and the subsequent consequences • Denial- Tourism Interest • Health Sector Issue- Sessional Paper N. o 4 of 1997 • Declaration of the Disaster on 25 th -11 - 1999 by the President in Mombasa • Establishment of NACC on 26 th -11 -1999 (Multi. Sectoral Approach) • Establishment of Taskforce on 25 th June 2001 4

Road to the Act • Consultative meetings with various stakeholders by the taskforce members June 2001 – June 2002, which resulted to the task force report in July 2002 • The HIV and AIDS Prevention and Control Bill was drafted in October 2002 • Bill approved by Cabinet on 23 rd September 2003. • The Bill was finally passed into law on 30 th December 2006 after the President signed the same. 5

Road to the Act • Date of commencement ; 27 th February 2009, this was given by the Minister of Special Programmes 3 years after the law was approved. 6

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Reasons for Delay Of Enactment • Resistance from some international organisations and aid agencies supporting biomedical research in Kenya • Resistance from some members of the insurance industry and some employers • Reluctance to embrace a Human rights in health & HIV work and negative campaign on the clause on intentional infection with HIV • Slow movement of House Business in the parliament leading to several lapses of the Bill 8

Preview of the Act • Part I – Preliminary • Part II – HIV and AIDS Education and Information • Part III- Safe Practice and Procedures • Part IV- Testing Screening and Access to Healthcare services • Part V- Confidentiality 9

• Part VI- Transmission • Part VII – The Equity Tribunal • Part VIII – Discriminatory Acts and Policies • Part IX- Research • Part X- Miscellaneous Provisions 10

Lessons learnt • Ensure the bill complies with the Country’s Constitution and the relevant international instruments • Make a clear justification on the necessity of the law and why a special anti-discriminatory law for HIV • Involvement of networks of PLHIV to mobilize support and take advocacy forward. (Link to social movement) 11 • Involvement of parliamentary champions

The Nigerian draft Law • A good draft bill well thought out on discrimination issues • Need to link non-discrimination for provision of health services and the Antihomosexuality law & other key populations • Align with UNAIDS terminologies on HIV 2012 12

Relevant resource material • Kenyan HIV law (http: //www. kenyalaw. org: 8181/exist/kenyale x/actview. xql? actid=CAP. %20246 A ) • East African Draft HIV bill (http: //kelinkenya. org/wpcontent/uploads/2010/10/PROPOSED-DRAFT 4 -OF-THE-EAST-AFRICAN-COMMUNITYHIV-AND-AIDS-PREVENTION-ANDMANAGEMENT-BILL-2010 -. pdf 13

Relevant resource material • UNAIDS terminology http: //kelinkenya. org/wpcontent/uploads/2010/10/UNAIDS-Terminology -Guidelines-2011. pdf • Global commission report on HIV & the Law (http: //www. hivlawcommission. org/index. php/ report ) 3/19/2018 14

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