Abstract Book Vol. 1 [International Conference on AIDS (16th: 2006: Toronto, Canada)]

also the reason why HIV/AIDS as a own criteria fulfills the requirements to fall
under the scope of protection of non-discrimination clauses.
Conclusions: Focusing on HIV/AIDS, the definition of disability is most
important in order to promote and guarantee the legal protection of people with
HIV/AIDS against discrimination in access to employment and at work.
MOPE0899
Sex, work, rights: decriminalization of prostitution
as a means to reduce HIV vulnerability
G. Betteridge, J. Csete, R. Elliott, R. Pearshouse. Canadian HIV/AIDS Legal
Network, Toronto, Canada
Issues: Sex workers face increased vulnerability to HIV infection because of
stigma, discrimination, violence and social and economic marginalization. In
many countries, including Canada, prostitution or the activities involved in
the practice of prostitution are illegal. We examined the effect of the criminal
law on the health and safety of sex workers in Canada, including their
vulnerability to HIV infection.
Description: We undertook a human rights analysis of the prostitution-related
provisions of Canadian criminal law, examining the evidence of the impact of
the criminal law on sex workers in light of domestic and international human
rights law. We developed a report in consultation with sex worker organizations,
and presented it to a Parliamentary committee and to the public in order to
influence law reform.
Lessons learned: The relationship between Canadian criminal law and sex
workers' health and safety, including the risk of HIV infection, is complex
and multifaceted. The criminal law reflects and reinforces the stigmatization
and marginalization of sex workers thereby limiting their choices, often
forcing them to work on the margins of society, and increasing the risks they
face. Human rights conventions specifically dealing with prostitution do not
adequately recognize sex workers' agency. General human rights conventions
offer sex workers the potential for greater protection. The prostitution-related
provisions of the Canadian criminal law unjustifiably infringe sex workers'
domestic constitutional rights to freedom of expression, freedom of association,
liberty, security of the person, and to be presumed innocent, and effectively
discriminate against women.
Recommendations: Decriminalization of prostitution, or activities related to
prostitution, is essential to improve the health and safety of sex workers. Sex
workers will continue to experience high levels of violence and other health and
safety risks, including the risk of HIV infection, as long as sex workers' human
rights are not respected and protected in law and policy.
MOPE0900
Drafting HIV/AIDS legislation in India:
process and challenges
K. Bhardwaj', I. Goodman2. 1Lawyers Collective HIV/AIDS Unit, New Delhi,
India, 2Lawyers Collective HIV/AIDS Unit, Mumbai, India
Issues: Drafting an HIV/AIDS statute that embodies principles of human
rights and establishes an egalitarian legal regime to support India's
HIV prevention, treatment, care and support efforts through a rigorous
consultative process.
Description: This paper describes the process and challenges of drafting
HIV/AIDS legislation through a unique government-civil society initiative
which entailed extensive background research, identifying gaps in existing
law, consultation with diverse stakeholders (PLHA, healthcare providers,
marginalized populations, women, young persons), drafting the law based on
the ideas and vision of civil society and finally negotiating with government
(from elected representatives to bureaucracy, from secretaries to statutory
authorities).
Lessons learned: Laws and access to justice are critical in both the delivery
of HIV prevention and treatment services by providing a statutory basis
for policies and the fulfilment of rights of all persons, including PHLAs and
vulnerable communities. Legal regimes differ across the world and legal
responses should vary accordingly. The drafting of HIV/AIDS legislation in
India presents a model of 'process'. A democratic drafting process that adopts
a 'down-top' approach takes advantage of the existing and most recent
experience of persons working in the field. It demystifies law and empowers
laypersons to understand, influence and use laws effectively. In negotiating
with government, international commitments create a strong impetus for
national political commitment, particularly on controversial issues.
Recommendations: International commitments should continue to lead and
define the HIV agenda, empowering domestic civil society to demand their
fulfilment. A national consultation process should be encouraged to identify
gaps and biases in existing laws and policies and to rethink their direct and
indirect effect on HIV vulnerability, particularly for women and young persons.
This process also brings together differing views on how to tackle the epidemic
and encourages debate, discussion and consensus on contentious issues.
Political advocacy and lobbying should be well-thought out and strategised,
not ad-hoc.

MOPEO901
Implementing the HIV/AIDS management and
prevention Act 2003
B. Gonapa. National AIDS Council of Papua New Guinea, Prime Ministers
Department, Port Moresby, Papua New Guinea
Issues: Stigma and Discrimination coupled with human rights abuses at all
levels of Society is still a concern in PNG. Although HIV/AIDS awareness and
education has become a priority activity of the NAC.
Description: First case of HIV/AIDS in PNG was reported in 1987. It took
10 years for PNG to have a comprehensive response to take place with the
establishment of the National AIDS Council. Priority activity was education
and awareness with emphasis on counselling activities. The National AIDS
Council and the non-government organizations have developed programs
and have carried out massive campaigns. The mass media as well as general
awareness in communities were carried out. Despite that we still have a
large number of our people especially the rural communities who have not
accessed appropriate HIV/AIDS information and messages. PNG is rural based
subsistence community with more than 700 different languages and cultures
coupled with our geographical location and terrain that makes it difficult to
deliver the appropriate information. These have contributed to a lot of stigma
and discrimination at all levels of society including human right abuses. With
the passing of the HAMP Act 2003 it is anticipated that it will be utilized as one
of the mechanisms to address behaviour change and to uphold human rights of
those infected and affected by the virus. Although it seems to be a good piece
of legislation there are impediments in terms of implementation.
Lessons learned: Stigma and discrimination is still prevalent hence a lot more
advocacy is required. Government and all sectors of society need to combine
effort in addressing human right matters through appropriate strategies
developed in line with the new legislation.
Recommendations: Implementing agencies to take a lead in implementing
the Act and take a proactive role in educating the community on the legislative
aspect of the Act.
MOPEO902
Proposed amendments to the narcotics acts
(no. 22/1997) in Indonesia: to reduce HIV among
injecting drug users (IDUs)
S. Asa', I. Winarso2, I. Atmosukarto2, S. Utari3. 'IHPCP-Ausaid, Nusa
Tenggara Timur Provincial Technical Officer and Legal Expert, Kupang,
Nusa Tenggara Timur, Indonesia, 2IHPCP-Ausaid, Harm reduction, Jakarta,
Indonesia, 3IFPPD, Legal Reform, Jakarta, Indonesia
Issues: Indonesia is on the main Asian drug trafficking route with new HIV of
IDUs sharply increasing every year. Meanwhile, the Indonesian Act on Narcotics
primarily addresses the drug supply reduction only. Going through the PostAIDS-era, the Act should be amended to address the issue of harm reduction!
Description: Currently, there are tens of NGOs, Public-health-centers (PHCs),
universities-affiliated-institutions and other stakeholders implementing a
variety of Harm reduction services including NSP, Methadone-MaintenanceTreatment (MMT), referrals for IDUs to basic health services and hospitals.
Most recorded at least one confrontation with local police, including arrest of
outreach workers and patients, police-violence, etc. These were mostly based
on the interpretation of current narcotics laws which stigmatizes drug users.
Series of discussions and public hearings involving parliament, government,
NGOs and other stakeholders were conducted to raise mutual understanding
of IDU issues as well as the decriminalization of IDUs through the amendment
of the Narcotics Acts. In result, there is currently a panel of experts discussing
the proposed amended narcotics acts, which includes harm reduction activists
and supporting academics. The results of above efforts among others are:
firstly, there is a possibility to extend the scope of narcotics regulation to cover
demand and harm reduction issues; secondly, acceptability to revise policy
regarding the way how to handle narcotics issues; thirdly, discretion to drugusers under HIV-related-treatments (MMT, ARV, NSP).
Lessons learned: It is important to actively support parliamentarians by
providing them technical assistance, bringing them to Harm reduction services
to see the benefits; to have them hear the needs of IDUs and IDU/PLWHAs.
Recommendations: Most developing countries need to adjust their narcotics
laws which most were enacted at a time Pre-AIDS to protect the Indonesians
from HIV by including issues of harm reduction principles.
MOPEO903
Incarceration of sex workers in the People's
Republic of China
J. Tucker. University of California San Francisco, Internal Medicine, San
Francisco, California, United States
Issues: Tens of thousands of Chinese sex workers are coercively detained each
year in female "re-education centers" for STI/HIV surveillance and moral edu
cation. As HIV seroprevalence data from antenatal clinics in parts of southern
China suggest that heterosexual transmission among low risk individuals is occurring, connecting incarcerated sex workers to STI/HIV referral systems and
other public health resources is increasingly important. Chinese administrative
detention systems for incarcerated sex workers have not traditionally been
linked to HIV/STI information, condom promotion, or skills training. Currently
very little is known about what happens to sex workers before, during, and
after incarceration.

Monday
14 August

XVI INTERNATIONAL AIDS CONFERENCE * 13-18 AUGUST 2006 * TORONTO CANADA * ABSTRACT BOOK VOLUME 1