By Thoboloko Ntšonyane
MASERU- The Chief Executive (CE) of the National AIDS Commission (NAC), Lebohang Mothae has called on the parliament to make decisions guided by scientific evidence, underscoring the need for well-informed legislative processes in addressing the country’s HIV/AIDS challenges.
NAC CE highlighted the importance of aligning national policies with scientific findings to ensure that the laws and regulations reflect the latest advancements in HIV/AIDS management and prevention. This call to action comes at a critical time as Lesotho continues to battle HIV prevalence rates.
Mothae pointed to the Counter Domestic Violence Act and the Sexual Offences Act as examples of legislation that require review and should be repealed.
These laws impose harsher penalties of death penalty to those who are found guilty upon conviction on engaging in unlawful sexual acts knowingly that they have the virus. She argued that such provisions are discriminatory and counterproductive.
Section 28 (3) of the Counter Domestic Act says “Where a person is infected with Human Immuno-Deficiency Virus (HIV) at a time of commission of an offence and the person has knowledge or reasonable suspicion of the infection, commits an offence and is liable on conviction of life sentence”.
The Sexual Offences Act’s Section 30 talks to ‘compulsory’ HIV testing to a person charged with a sexual act involving “…that a person charged with a sexual act involving insertion if a sexual organ into another person’s sexual organ or anus shall have his blood substance taken by a medical practitioner within a week of the preferment of the charge”.
Section 32 imposes penalties to the effect that “(a) (vii)… where a person is infected with the Human Immunodeficiency Virus (HIV) and at the time of commission of the offence the person had a knowledge or reasonable suspicion of the infection, to the death penalty.”
She pointed out that revising these laws is necessary for creating a legal framework that protects human rights while also ensuring that Lesotho complies with international declarations on AIDS, such as the 2021 United Nations Political Declaration on HIV and AIDS and the 2023 SADC Declaration.
These declarations provide a framework for Member States to strengthen their responses to the HIV/AIDS epidemic through among others human rights-based approaches, and the elimination of discriminatory practices.
Mothae referenced the Constitution, highlighting key sections that underscore the importance of human rights in Lesotho. She pointed to section 4, which guarantees fundamental human rights, and section 18, which asserts that no law should supersede the Constitution and section 19, which ensures equality before the law for all.
“Consider developments in HIV and AIDS and follow science for a well informed decisions- law making and enforcement to keep Lesotho on track towards ending AIDS as a public health threat in Lesotho by 2025,” she said. She also highlighted that scientific evidence has shown that people living with HIV some have their viral load suppressed; virus undetectable and untransmittable.
She stated that with the provision of Pre-exposure prophylaxis (PREP) within 72 hours, HIV transmission is preventable.
The NAC CE also reported that about 221 868 deaths have been averted by Antiretroviral treatment (ART) in the last 13 years. Also, about 17 109 during the previous year, 2023.
She also discussed Lesotho’s progress toward achieving the United Nations’ (UN) 95-95-95 targets, which aim for 95% of people living with HIV to know their status, 95% of those diagnosed to be on treatment, and 95% of those on treatment to have their viral load suppressed.
She said of women aged 15 and above, who have surpassed these targets with scores of 96%, 97%, and 99%, respectively. In comparison, their male counterparts in the same age group have also made progress, with scores of 93%, 90%, and 98%.
The UN has highlighted both progress and challenges in the global fight against HIV/AIDS. Despite significant strides in some regions, the UN has warned that the goal of ending HIV/AIDS as a public health threat by 2030 could be at risk due to stalling progress.
The Joint United Nations Programme on HIV/AIDS (UNAIDS) reveals that 1,5 million people were newly infected with HIV in 2023, translating to over a million more than the UN’s global estimate. Additionally, about 650,000 people are reported to have died from AIDS related illnesses.
Meanwhile, young women and adolescent girls in sub-Saharan Africa are reportedly disproportionately affected, that is three times exposed to contracting HIV compared to their male counterparts.