As part of the main drivers of the BAM Group of Companies, this being the umbrella company within which Informative Newspaper operates, alongside sister brands Finite Magazine, Finite Lifestyle Club, Bam Promotions and Twin Talk, Informative Newspaper takes particular interest in social issues and causes created to advance the development of young girls and women and their participation in the global space.
To advance and cement the organization’s support for women and young girls, the Sexual and Reproductive Health and Rights is today, through this issue introduced. Its purpose is to advance knowledge and create further awareness on developments surrounding the said community sector and to help audiences stay updated on such, further guiding means of both action and reaction to these developments.
This week we discuss Key populations,
Although most countries in SADC have generalised HIV epidemics, certain groups of people such as sex workers, gay men and other men who have sex with men, people who inject drugs and transgender people, have been identified as key populations whose needs and vulnerabilities are insufficiently addressed. Although HIV risks are much higher amongst these groups than in the general population, access to services is often far lower due to inadequate political will, widespread stigma, discrimination and other human rights abuses, under-resourced community capacity, and punitive laws that deter service uptake. UNAIDS states that ending the AIDS epidemic in Southern and East Africa will require the HIV transmission among the four populations to be dramatically lowered. In particular, lowering rates of HIV among female sex workers and their clients will have the greatest impact on the regional epidemic as they have the highest HIV prevalence of any population. This factsheet focusses on gay men and other men who have sex with men, sex workers and transgender women because of their specific SRHR needs.
Key populations by the numbers
• HIV prevalence among men who have sex with men ranges from 3.8% to 36% in Southern and East Africa, and transmission within this population accounts for 6% of new HIV infections.
• In seven countries (Botswana, Lesotho, Malawi, Namibia, Rwanda, South Africa and Zimbabwe), more than 50% of sex workers are living with HIV.
• Little information is available regarding the HIV burden among transgender people in the region, although globally transgender women are 49 times more likely to be living with HIV than the general population.
International and regional human rights obligations
Key populations, like all other people, are entitled to the full protection of all their rights under international and regional human rights laws, including their right to the highest attainable standard of health, privacy, liberty and security, freedom of expression and assembly, freedom from violence and arbitrary arrest and equality and non-discrimination.
Equality and non-discrimination are key provisions in international and regional human rights treaties, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), the CEDAW, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol) and the CRC. The African Commission on Human and Peoples’ Rights, in interpreting member states’ obligations, ruled that discrimination on the basis of sexual orientation is a violation of the Charter. The UN Committee on Economic, Social and Cultural Rights has also clarified that discrimination on the grounds of sexual orientation and gender identity is prohibited. The same committee has also directed states to take all steps necessary for the prevention, treatment and control of the HIV epidemic and this includes ensuring access to condoms and other HIV prevention services and commodities and information.
In addition to their legal obligations under international human rights laws, SADC countries have also committed to achieve the SDGs, also known as the Global Goals. These goals aim to end extreme poverty, eliminate inequality and injustice and address climate change by 2030. Goal 3 focusses and good health and wellbeing and sets several important targets for 2030, including ensuring universal access to sexual and reproductive health care services, ending the HIV epidemic and strengthening prevention and treatment for substance abuse. Target 10 focusses on reducing inequalities within and amongst countries and by 2030, countries should empower and promote social, economic and political inclusion for everyone and eliminate discriminatory laws, policies and practices. The 2016 Political Declaration for Ending AIDS includes a pledge to eliminate stigma and discrimination and to create enabling legal, social and policy frameworks to support the elimination of stigma and discrimination and end HIV-related information. In October 2017, SADC developed a regional strategy to advance prevention, treatment, care and support and SRHR for key populations. The regional strategy will guide the adoption and institutionalisation of a “standard, comprehensive package that addresses the unique challenges of providing equitable and effective HIV and SRH rights and services to key populations.”
The Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity. The Principles were adopted in 2006 to provide detailed guidance about how international human rights law can be applied to sexual orientation and gender identity issues. The Principles are grounded in the recognition of non-discrimination and state all people, including Lesbians, Gays, Bi-sexual, Transgender and Intersex (LGBTI) people, should be recognised as being born free and equal in dignity and rights. According to the Principles, states are obliged to ensure equal access to human rights to LGBT people.
African Commission on Human and Peoples’ Rights resolution on the protection against violence and other human rights violations against persons on the basis of their real or imputed sexual orientation or gender identity, 2014.This resolution, considered to be a landmark in the struggle for equality and justice for LGBTI people in Africa, was adopted by the Commission in 2014 and condemns violence on the basis of sexual orientation and gender identity in all forms. The resolution obliges states to enact and enforce laws prohibiting and punishing violence on the basis of sexual orientation and gender identity, or perceived Sexual Orientation and Gender Identity (SOGI). States are also obliged to investigate violence, identify and prosecute perpetrators and ensure that the justice system is responsive to the needs of LGBTI victims.
SADC regional strategy for HIV and AIDS prevention, treatment and care and sexual and reproductive health and rights amongst key populations
SADC member states will use the strategy to:
• Design and implement effective SRH and HIV prevention, treatment and care programmes for key populations which meet their needs;
• Design a package of services for key populations in line with the standard package of services as prescribed in the regional strategy;
• Ensure active and meaningful participation of key population groups in the design and implementation of the regional strategy at national and sub-national levels; and
• Mobilise governmental and non-governmental organisations, civil society organisations and other stakeholders around a set of proven strategies based on their comparative advantages
Next we discuss Human rights barriers to comprehensive HIV and Sexual and Reproductive Health (SRH) for key populations.
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