Tackling HIV & Discrimination
By Mark Nonkes & Zandra Balzer

For people living with HIV in a small town in Namibia, news about their status travelled fast. When they went for treatment at the local hospital, they felt like they were a public spectacle. At that hospital, the room dedicated to treating people living with HIV/AIDS was in a very open public setting.

On their returned from the hospital, people say they were shunned in the streets, called names and gossiped about. In their homes, they were isolated.

“People with HIV were afraid to go and get their medication because everyone could see who was HIV positive at the hospital,” says Leticia Hausiku, an HIV activist with TUSANO.

DISCRIMINATION A DAILY STRUGGLE AROUND THE WORLD
For people infected and affected by HIV, stigma and discrimination can lead to a gross violation of their human rights. As the world joins together to celebrate the Universal Declaration of Human Rights (UDHR), established 61 years ago, for many the fight against discrimination remains a daily struggle.

“We are all equal,” the Ombudsman John Walters said during an interview. “Discrimination is a criminal offence and a violation of rights.”

Despite the guiding principles of the UDHR, which states that all humans are free and equal, discrimination against women, people with disabilities, people of various races and religions, people living with HIV/AIDS, as well as other minority people continue to struggle to extract themselves from discriminatory issues.

“What makes people with HIV feel shame is the way the community understands the message. They think the only people to get HIV are those who sleep around. And when you’re positive, they think you are just a dirty person, something that is rotten and that needs to be thrown away,” explains 25-year-old Hausiku.

THE NAMIBIAN SITUATION
In Namibia, hundreds of thousands of people live with HIV/AIDS. Namibia is ranked with one of the highest HIV prevalence rates in the world. In response, government policies and cultural beliefs have been forced to adapt to a new reality.

No Namibian law is specifically related to HIV. However, the right to equality is one of the founding principles of the Constitution and other acts of parliament.

In the same tone, no international agreement prevents the discrimination against people living with HIV/AIDS although the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Elimination on All Forms of Discrimination Against Women rely on non-discrimination and equality as guiding principles.

“There is an absolute need to invoke international laws and policies around people living with HIV and AIDS. It should be one that many countries agree to, this is so necessary,” says Linda Dumba-Chicalu, a lawyer from the Legal Assistance Centre who specializes in HIV. “This then can be used as a yardstick to end discrimination against people living with HIV/AIDS and also be used in court hearing and to help countries improve their record in relation to the treatment of people living with HIV/AIDS.”

DISCRIMINATION-FREE SOCIETIES
All human rights: social, economical, cultural, civil and political rights are disadvantaged by discrimination. This year on 10 December, Human Rights Day, the aim is to promote discriminate-free societies and a world equal for all.

“Human rights embraces diversity,” Ombudsman Walters says.

Legal Assistance Centre, together with the Ombudsman’s office, and other non-profit organizations all open their doors to people that feel that their rights are being violated.

While the Legal Assistance Centre will go to court to defend people who are living with HIV and have been discriminated against, often the solution to a problem is sorted out before legal action is taken.

BACK IN THE SMALL TOWN
In the case where people felt they were being discriminated in a state hospital, and that their HIV status was being revealed to the public based on their need to get treatment, an amicable solution was reached.

During a meeting with hospital officials, people living with HIV/AIDS raised their concerns. The hospital moved their HIV treatment centre to a more discrete area, providing people living with HIV and AIDS with the comfort that their status could remain confidential as they received treatment.

“While there’s a long road to ending discrimination in regards to HIV and AIDS, informed activists who are standing up for equality are helping to create positive change,” says Amon Ngavetene, coordinator of the AIDS Law Unit of the Legal Assistance Centre.