April 18-20, 2001
It is critical and timely that the International Coordinating Committee meeting of National Institutions for the Promotion and Protection of Human Rights is seized with the issue of human rights and HIV/AIDS. During the past twenty years of the epidemic there has been a paradigm shift. HIV/AIDS has moved from a disease for medical doctors to a problem that touches human conditions, human security, human rights and social and economic development.
Human rights advocates have been instrumental in bringing greater understanding on the inter-relationship between human rights and HIV/AIDS, for example Justice Kirby of Australia, the late Jonathan Mann, former Director of the WHO Global Program on HIV/AIDS (GPA) were the early pioneers. Recently more eminent people such as Justice Cameron of South Africa have joined the crusade of advancing a rights based approach to the HIV/AIDS epidemic.
Chairperson, globalization has also had its impact on diseases such as HIV/AIDS. The constant movement of people and their sexual interaction has had impact on the spread of HIV. Today the epidemic requires a changed response.
We have begun to witness this changed response as multiple bodies have seen the need to address the epidemic. For example the UN Security Council has explicitly addressed HIV/AIDS issues three times. So have other bodies such as the G8, G77, Heads of States, Prime Ministers and various Ministries including Ministries of Finance.
Further, HIV/AIDS is on top of the political agenda. A number of multi-sectoral National AIDS Commissions have been established with reporting channels to the Head of State or Prime Minister. These are effective foundations for an effective response. The challenge is to multiply this.
Chairperson, human rights is an integral component of the response to the HIV/AIDS epidemic:
Monitoring and fostering of the responsibility of states in the area of human rights generally and within the context of HIV/AIDS, in particular will depend on the existence of domestic institutions and structures that can provide the necessary checks and balances and that can also be a buffer for the protection of human rights.
Chairperson, in the context of HIV/AIDS, national institutions are essential for ensuring that National AIDS Plans integrate human rights issues. This should be beyond lip service in the preamble or some obscure insertion in the Plan, but substantive.
National institutions are also essential for ensuring that the protection of particularly vulnerable groups such as women, children and other sexual minorities. The insubordinate legal, cultural and political status of these at a national level often leads to gross human rights violations and increases their vulnerability to being infected.
I wish to highlight five examples of ways in which national human rights institutions can strengthen their work in the context of HIV/AIDS.
Human rights violations in the context of HIV/AIDS are many but many times they go unnoticed as they are neither investigated nor documented. National human rights institutions can strengthen their role in investigating violations of human rights that occur in the context of HIV/AIDS.
Examples of these include, violations of:
Chairperson, in this regard national human rights institutions can strengthen their work in this area through:
National human rights institutions could strengthen their capacity in conducting public inquiries or hearings focusing on systematic violations of persons living with HIV/AIDS, particularly in the area of stigma and discrimination that they suffer which consequently erode the enjoyment of all other rights.
Many persons whose rights are violated in the context of HIV/AIDS have nowhere to lay their complaints and thus in many instances, these complaints are never heard nor addressed.
National human rights institutions could strengthen their capacity for receiving HIV/AIDS related complaints, dealing with them and where deemed appropriate, ensure appropriate remedy.
National human rights institutions could strengthen their capacity in providing assistance to Governments and the National AIDS Authority in integrating human rights issues into their national health and other HIV/AIDS related statutes, regulations and policies.
In the recent past there has been a number of legislation mushrooming world-wide including in Asia (Philippines, Cambodia, China) and Africa (South Africa and Namibia). The challenge is to ensure that this legislation balances human rights and the protection of public health.
To this end, national human rights institutions could strengthen their capacity in:
Chairperson, as highlighted by the High Commissioner, I wish to reiterate that we have excellent International Guidelines on HIV/AIDS and Human Rights (pdf file 460kb) published jointly by UNAIDS and the Office of the High Commissioner for Human Rights. These are an important tool to assist national institutions in their efforts to promote and protect HIV-related human rights.
I wish to acknowledge the fact that several national institutions have already taken measures to integrate HIV/AIDS issues in their efforts to promote and protect human rights, including through joint activities with UNAIDS and local NGOS. For example, the human rights and HIV/AIDS training conducted recently in Ghana with the full participation of the Ghana Human rights Commission and the first ever-national human rights and HIV/AIDS workshop held in India in partnership with the Indian National Human Rights Commission.
I think it is important that HIV/AIDS be mainstreamed into the mandate of human rights institutions. To this end, I welcome the Lome Declaration adopted at the 3rd Conference of the African National Human Rights Institutions and hope that this will be used as an example for other regional meetings.
In conclusion, Chairperson, allow me to thank the High Commissioner for Human Rights for the personal support and importance that she attaches to issues of human rights and HIV/AIDS. For example, through the political advocacy that she undertakes at CCO meeting, her statement during World AIDS day and her indication that she will participate in the human rights sessions of the UN General Assembly Special Session on HIV/AIDS to be held in June this year.
With her continued support, I do hope that the World Conference on Racism, Racial Discrimination, Intolerance and Xenophobia will consider issues of human rights and HIV/AIDS.
I am personally committed to moving human rights and HIV/AIDS issues forward. A number of challenges still confront us such as the quarantining or exclusion of those infected; denial, stigma and discrimination; and issues of mandatory testing, for example of UN peace-keepers. It is essential that policies that are being developed take into account human rights considerations.
I hope that the work with national human rights institutions will build on the existing good collaboration that we enjoy with the Office of the High Commissioner for Human Rights and this will lead to increased activities at the national level.
I wish you success in your deliberations.