Abstract Book Vol. 2 [International Conference on AIDS (14th: 2002: Barcelona, Spain)]

648 Abstracts ThPeG8238-ThPeG8242

XIV International AIDS Conference

ThPeG8238 The AIDS and human rights crisis among injecting
drug users in Thailand
K.L. Kaplan', P. Suwannawong2. 'International Gay and Lesbian Human Rights
Commission, IGLHRC, c/o Human Rights Watch, 350 Fifth Avenue, 34th Floor,
New York, NY 10118, United States; 2Alden House/Thai Network of People
Living with HIV/AIDS (TNP+), Bangkok, Thailand
Issue: Lack of respect for the human rights of injecting drug users (IDUs) in Thailand by State- and non-State actors furthers an HIV epidemic in that population.
Only a rights-based approach-documenting violations and transforming protest
into specific claims- can adequately identify State responsibility for this crisis,
and ensure remedy, redress, and the realization of the right to health.
Description: Legal and social barriers impede a rights-based approach to
HIV/AIDS among IDUs. Political neglect exacerbates vulnerability and the impact of the disease on those already infected. Policies are designed without adequate information about or consultation of IDUs. Yet the problem transcends State
neglect: the State actively abuses the rights of IDUs. Police harassment, arbitrary detention and arrest, degrading prison conditions, criminalization of needle
possession, promotion of stigma, and discrimination in health care are not only
gross civil and political rights violations: they prevent the realization of a core
economic/social right, the right to health. A rights analysis is not merely complementary to effective public policy, but crucial to understanding and changing the
State's role.
Drawing on interviews with over 30 IDUs in Thailand, and government and NGO
actors, we describe rights abuses, analyze the legal and social environment, and
recommend avenues for advocacy.
Lessons learned:
- Violating the rights of IDUs perpetuates disease, social exclusion, and the failure of prevention and care initiatives.
- Documenting abuses within a rights framework is essential to identifying State
responsibility and means of redress and remedy.
- A rights-based approach is basic to meaningful AIDS programs for this population.
Recommendation: Specific recommendations to the Thai government will also
reflect the general recommendation that a rights-based approach can address
inconsistencies preventing effective health interventions among IDUs.
Presenting author: Karyn Kaplan, IGLHRC, c/o Human Rights Watch, 350 Fifth
Avenue, 34th Floor, New York, NY 10118, United States, Tel.: [phone],
Fax: [phone], E-mail: [email protected]
ThPeG8239 Erosion of HIV+ immigrant human rights by U.S.
Government Post 9/11 terrorist attacks
E. Tossas Tucker, C. Volk, V. Trivedi. GMHC, New York, NY United States
Description: The "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" (USA Patriot Act) was
passed by Congress as a consequence after the 9/11 terrorist attacks. The Act
allows any "suspected alien terrorist" to be held for 7 days before bringing any
criminal charges. If charged, the law permits indefinite detention. Detainees are
transported to any facility in the country during the pendency of the government's
investigation. A detainee can be transferred thousands of miles from home. Detention presents life-threatening problems: HIV confidentiality, interruption of HIV
treatment and nutrition. Detainees have no access to family and friends, their
medical providers, complimentary therapies, psychological support, and legal
counsel. HIV+ immigrant detainees face discrimination, harassment and possible assault due to fear of AIDS from detention staff and/or other detainees.
Lessons learned: The Gay Men's Health Crisis Legal Immigration Team, in collaboration with another community-based organization, drafted Public Comments
for publication in the U.S. Federal Register. They were sent to all Officers-inCharge at INS Detention Centers. We are advocating with INS to incorporate
special regulations into their Operations Manual that will ensure access to appropriate medication, and treatment for HIV+ detainees. We are also formulating
training models on treatment of detained HIV+ immigrants to be presented at all
INS Detention Centers.
Recommendations: The USA Patriot Act mandates that HIV+ immigrants be
held in detention centers if they are suspected of terrorist activity. These facilities
are obligated to implement appropriate protocols to prevent any decline in the
physical and mental health status of an HIV+ immigrant during incarceration. INS
detention staff must acknowledge that HIV+ immigrant detainees require special
accommodations to bar discrimination, harassment, violence and even death.
Presenting author: Vishal Trivedi, GMHC, 119 West 24th St., New York, NY
10011, United States, Tel.: [phone], Fax: [phone], E-mail:
[email protected]

ThPeG8240 International legal obligations, indigenous
peoples, and HIV/AIDS
J.S. Matiation. Canadian HIV/AIDS Legal Network, 139 Stanley Avenue, Ottawa,
Ontario, KIM 1P2, Canada
Issues: What are the international legal obligations of states towards indigenous
peoples as regards HIV/AIDS? How are these obligations different from those
towards non-indigenous people? How can states satisfy these obligations?
Description: The rates of HIV and AIDS among indigenous peoples in some

states are disproportionately high compared to rates among non-indigenous people (for example, in Canada). In some cases, various factors make indigenous
peoples particularly vulnerable to HIV. The United Nations General Assembly
proclaimed 1995-2004 the Decade of the World's Indigenous Peoples. So far during the Decade the international legal obligations of states towards indigenous
peoples have become more developed. Although a declaration on the rights of indigenous peoples existsl only in draft form, these obligations are now more clearly
established. For one thing, it is clear that states have obligations towards indigenous peoples that are different from their obligations to non-indigenous people.
Canada is used as one example throughout the paper.
Lessons learned: The HIV/AIDS epidemic among indigenous peoples requires
special attention. HIV/AIDS related policies and programmes must be designed
to address the particular circumstances of indigenous peoples. Developments in
international law respecting the rights of indigenous peoples are relevant to policy
and programme design. Indeed, such developments create obligations that must
be met in policy and programme making.
Recommendations: Developments in international law are relevant to HIV/AIDS
policy and programme design. States must satisfy their international legal
obligations towards indigenous peoples generally, and particularly as regards
HIV/AIDS, when designing policy and programme responses to the HIV/AIDS
epidemic, and/or, must assess existing policies and programmes in light of developments in international law respecting indigenous peoples.
Presenting author: Stefan Matiation, 139 Stanley Avenue, Ottawa, Ontario,
K1M 1P2, Canada, Tel.: +[phone], Fax: +[phone], E-mail: stefanmatiation @ hotmail.com
ThPeG8241 Gaps between policy and implementation: the
Philippine experience
M.B. Apilado. Kaagapay Support Group, 1066 Remedios St, Malate, Manila,
Philippines
Issues: Although the Philippines' AIDS law has been cited by UNAIDS as an example of "best practice", its implementation has faced many challenges. Some
provisions of the law have not been implemented because of inconsistencies with
other Philippine laws. In another case, provisions of the law with regard to confidentiality are implemented irrationally, thus making the provision of care and
support to persons with HIV/AIDS even more difficult.
Description: As examples, although the AIDS Law mandates the provision of insurance to persons with HIV/AIDS, overseas contract workers who contract HIV
are at times not entitled to insurance benefits. This is because of a provision in another law, the Migration Act, which considers HIV infection and STDs as a "willful
act" of a person, thus excluding them from insurance benefits.
In another case, hospital personnel do not provide any information even to counsellors and family members of an HIV+ patient, invoking the provisions on confidentiality of the AIDS law.
This study looked into the conflicting policies as well as the rational implementation of policies.
Lessons learned: Having good laws is not a guarantee that the rights of persons
with HIV/AIDS are protected.
Recommendations: Continuing education on relevant Philippine laws so that
these will be implemented effectively. Continuing policy review to analyse inconsistencies of various Philippine laws.
Presenting author: Merceditas Apilado, 1066 Remedios St., Malate, Manila,
Philippines, Tel.: [phone], Fax: [phone], E-mail: [email protected].
ph
ThPeG8242 Consolidation of Mexican Net of Sex Workers, for
the prevention of the transmission of the
HIV/AIDS/STD virus within the context of
commercial sex
T.M.R. Mendoza Resendiz, R.F.J. Flores de Jesus Ramona, R.V.H. Villegas
Hernandez Rafael, E.M.R. Madrid Romero Elvira, J.A.M. Montejo Bohorquez
Jaime Alberto. Red Mexicana de Trabalo Sexual, Calle Mapimi 25, Colonia Valle
Gdmez, Codigo postal 06240, Cuauhtd.moc, D.F, Mexico
Background: The organization of sex workers in order to prevent the transmission of the HIV/AIDS virus han proved to be an effective mechanism it allows:
access to a hard to reacha group; the training of workers who can then serve
as trainers themselves among their colleagues, partners, and clients; overcoming
resistance to condom use; the coordination of support from differente government agencies, NGOs, and the community; and the promotion of the coluntary,
confidential, and informed nature of the HIV/AIDS test.
Methods: The ten years of experience of the organization in accompanying efforts among sex workers to prevent the transmission of the HIV/AIDS virus in their
milieu, has taught us that it is necessary to: gather information on the conditions
in which commercial sex is supplied and demanded, as well as profiles of sex

workers and their clients; begin processes of community insertion in priority or
high vulnerability areas; train sex workers in how to convince their clients and
partners to use condoms; make resistance to condom usage an issue, transforming this resistance into acceptance of safe sex practices; create the conditions for
the formal constitution community association; and promote citizen participation
in issues related to HIV/AIDS health services for sex workers, within a framework
of respect for human rights.