HUMAN RIGHTS AND HIV/AIDS

1              HIV/AIDS in Zimbabwe

Enjoyment of the right to health is vital to all aspects of a person’s life and well-being. Every man, woman and child has the right to the highest attainable standard of physical and mental health, without discrimination of any kind. According to Article 16 (2) of the African Charter on Human and Peoples’ Rights, which Zimbabwe ratified in 1986,

“The State Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.”

This means the state has a duty to ensure that people’s rights to health are respected, protected and fulfilled. The Government of Zimbabwe acknowledges in its National HIV/AIDS Policy, launched in 1999, that it has a responsibility to provide the required direction to mobilise national efforts to combat HIV/AIDS.

The first case of HIV/AIDS was identified in Zimbabwe 18 years ago in 1985. Since then, HIV/AIDS has reached endemic proportions and is one of the biggest threats to national development. The Joint United Nations Programme on HIV/AIDS (UNAIDS) estimates that the current average weekly death toll in Zimbabwe due to HIV/AIDS is 2 600 adults and 690 children. Life expectancy has fallen from 62 years in 1990 to 43 years at present. Below is a table showing the estimated number of people who were living with HIV/AIDS in Zimbabwe at the end of 2003.

Table 1: Estimated number of people living with HIV/AIDS in Zimbabwe at the end of 2003

	Estimated number	Range
Total (adult and children)	1,820,000	1,473,000-2,020,000
Adults (15-49)	1,540,000	1,250,000-2,020,000
Women (15-49)	870, 000	700,000-960,000
Children (0-14)	165,000	131,000-186,000

Source: UNAIDS 2003

The National AIDS Council (NAC) was formed through an Act of Parliament in 1999 to respond to the HIV/AIDS pandemic in the country. The NAC’s most well known activity has been the mobilization of funds through an AIDS Levy which requires that individuals and companies pay a 3% levy on their taxable income and corporate tax. These funds are placed into the National AIDS Trust Fund, which the NAC manages. Its other activities include responding to priority needs for HIV/AIDS prevention, care, monitoring, research and evaluation. Since January 2000, the NAC has collected approximately 8 billion dollars and over 6 billion dollars has so far been reportedly disbursed to communities, sector ministries and non-governmental organizations. The funds have been distributed through District AIDS Action Committees (DAACs) formed in the 84 administrative rural and urban districts in the country. However, despite these efforts, the plight of Zimbabweans infected and effected by HIV/AIDS continues to worsen. Problems of stigmatization and discrimination at institutional and individual levels, high costs of anti-retroviral drugs and insufficient support for those providing home based care still affect the lives of People Living with HIV/AIDS (PLWHA).

The Right to be Free from Stigma and Discrimination

Stigma is the shame or disgrace attached to a person or something regarded as socially unacceptable. The result of stigma associated with HIV/AIDS has been discrimination and subsequent violation of human rights. Discrimination against PLWHA at work, home, church or any other institution can lead to self-stigmatisation. This can cause feelings of withdrawal, depression, worthlessness and self blame in PLWHA. A result of this could be delays in accessing testing, counseling and health care services as the effected people become ashamed and afraid of being rejected by their families and the people in the communities in which they live. To prevent this situation, the Zimbabwe National HIV/AIDS Policy advocates for PLWHA to be treated as any other individual with respect to education, training, employment, housing, travel, health care, citizenship rights and other social amenities. 

The Right to Work and HIV/AIDS

Article 7a) (1) of the International Covenant on Economic, Social and Cultural Rights recognizes the right of everyone to the enjoyment of just and favorable conditions of work which ensure in particular, fair wages and equal remuneration for work of equal value without distinction of any kind. Article 7(c) prescribes equal opportunities for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence. Although no such rights are included in the Declaration of Rights in Zimbabwe’s Constitution, PLWHA are entitled to some legal protection at the workplace. Statutory Instrument 202 of 1998 (Labor Relations (HIV/AIDS) Regulations) seeks to protect the rights of employees and prospective employees.

With regards to those already employed, the prohibition of discrimination based on HIV/AIDS is clear in terms of aspects like HIV testing, promotion and training. No employer may terminate employment, prejudice an employee in relation to promotion, transfer, training or an employee development programme, or in any other way discriminate against an employee on the grounds of his or her HIV status.

S 4 of SI 202/1998 of the Labour Relations (HIV/AIDS) Regulations outlaws the testing of any person for HIV as a precondition to the offer of employment however, sub-section 4 (2) notes that ‘medical tests of persons for work can be taken as a precondition to the offer for employment’. The medical testing of persons for fitness of work may involve testing for HIV. In the event that the prospective employee is HIV positive, the employee may be indirectly denied employment based on their HIV status.

Women and HIV/AIDS

After nearly two decades of the epidemic, infection rates continue to rise in groups previously thought to be ‘AIDS free’ such as young girls, or ‘AIDS safe’ such as married women. The 2003 UNAIDS report notes that of the estimated 166 000 new HIV infections amongst people aged 15 to 45 years during 2003, over 53% were in women.

For biological reasons women face greater risk of transmission of the HIV/AIDS virus than men. In addition, women’s and girls’ relative lack of power over their bodies and sexual lives makes them even more vulnerable to contracting HIV/AIDS. Traditionally and culturally, men tend to have more power over sexuality subjecting women and girls to coercion, abuse and rape, thereby increasing their risk of HIV/AIDS infection. Culturally, married women are often labeled as having been ‘purchased’ because of roora/lobola that is paid by the husband when they get married. Thus women are often unable to negotiate safe sex through the use of condoms even when they know their partners have multiple sexual partners. Some practices that have been promoted by traditional leaders, such as the belief that having sex with a virgin girl will cure men of any sexually transmitted infection, HIV/AIDS included, have also increased young women’s vulnerability to infection.

Children affected by HIV/AIDS

In Zimbabwe, the mother–to-child transmission rate of HIV during pregnancy, delivery and breast feeding is 30-40% and it accounts for over 60 000 of new HIV/AIDS cases each year. UNAIDS reports that about 165 000 children are currently living with the HIV/AIDS virus in Zimbabwe. Zimbabwe has ratified the UN Convention the Rights of the Child (CRC), which stresses that, states shall ensure to the maximum extent possible the survival and development of the child. Therefore, the state has a responsibility under international law to take steps to make available treatment that will prevent the mother to child transmission of the HIV/AIDS virus in Zimbabwe.

At the end of 2003, there was an estimated 761 000 HIV/AIDS orphans in Zimbabwe. A large number of these orphans, the greater proportion being girls, have dropped out of school after failing to pay school fees. The orphans are also required to become heads of households, to work and raise their siblings, and care for parents and other family members suffering from HIV/AIDS related illnesses. The HIV epidemic therefore jeopardizes the children’s right to education.

70% of AIDS orphans in Zimbabwe do not have birth certificates. Orphans whose both parents have died often find it hard to acquire birth certificates. Without a birth certificate, a child is deprived of its basic rights to have an identity, education and subsequently deprived the right to participate in national issues such as voting or any other aspect of national interest.

These orphans experience poverty because of the loss due to HIV/AIDS of their parents or other adult wage earners who might be contributing to their survival. In the absence of adult protection, they experience abandonment, rejection or discrimination and an increased risk of abuse

NB: Statistics recorded in this bulletin are extracted from the 2003 UNAIDS Report with appreciation.

2  Political Human Rights Violations in February 2004

The police continued to prevent members of the National Constitutional Assembly (NCA) from exercising their rights to freedom of association, assembly and expression by routinely arresting and subjecting them to various forms of cruel, inhuman and degrading treatment. On 4 February 2004, the NCA held a demonstration outside Parliament to call for a new constitution. The demonstration was stopped and the demonstrators were arrested by the police. Amongst those arrested was NCA Chairperson, Lovemore Madhuku who was allegedly abducted by police officers from outside Parliament. He was assaulted before being dumped at a rubbish site near the National Sports Stadium on the outskirts of Harare. Sixty-six other NCA demonstrators were assaulted with baton sticks while some had dogs set on them when they were arrested.

Violence continued unabated on Charleswood Estate owned by Roy Bennet (MDC MP for Chimanimani- Manicaland Province). Farm workers at Charleswood Estate have reportedly been consistently abused on the basis that they work for an MDC MP. Shemi Chimbarara, a farm worker  at Charleswood Estate, was reportedly shot dead by a soldier settled at the farm. JK, also a farm worker at Charleswood Estate, was reportedly shot in the knee as he was fleeing from the soldier. Chamunorwa Muusha, a war veteran settled at Charleswood Estate reportedly raped, VN, a farm worker at Charleswood Estate on 6 February 2004. This happened after MC,VN and SC had been reportedly abducted and taken to Muusha’s homestead by ZANU supporters. The three were allegedly subjected to assaults and were forced to run around in circles then bound to a tree with a leather rope tied to their necks. The rope around their necks was then untied and they were further assaulted on the back and buttocks for about 3 hours. They were ordered to stop working for Roy Bennet and to work for Chamunorwa Muusha instead.

Cumulative figures for the month beginning 1 January to 29 February 2004 show that there have been 10 cases of abduction, 66 of assault and 129 of infringement of freedom of expression/association/movement, 76 of torture, 9 unlawful arrests, 1 unlawful detention and 124 of political intimidation and discrimination.

3 Zimbabwe Human Rights NGO Forum Member Focus:

The Human Rights Monthly carries a brief narrative on the activities of a member of the Zimbabwe Human Rights NGO Forum in each issue. This is intended to assist our readers to understand the activities of the coalition and furthermore about the services offered by each NGO. This month we feature the Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender (ZACRO).

Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender (ZACRO)

Background Information

The Zimbabwe Association for Crime Prevention and Rehabilitation of the Offender is a non-profit making non-governmental organization, founded in 1923 as a Prisoners’ Aid Society. In 1968, the organization was officially registered as a welfare organization. The organization works through a network of a countrywide membership of volunteers in all the provinces of Zimbabwe. Its vision is to create a crime-free society in which citizens of Zimbabwe enjoy a sense of safety from crime.

ZACRO’s mission is to reduce crime through providing support, rehabilitation and advocacy programmes to prisoners and non prisoners based on well-researched information on the needs of offenders and victims of crime. To achieve this mission, ZACRO is guided by the principles of gender equality, justice and humanity.

The aims and objectives of  ZACRO include:

· Mobilising communities to fight crime

· Visiting prisoners and encouraging them in self reform

· Giving constructive help to prisoners released on probation, parole or those whose sentences may be wholly suspended

· To assist destitute families of offenders to live honourably

· Studying and seeking penal reform

· Advocating for the rehabilitation and welfare of offenders of crime

Among some of its greatest achievements, between September 2001 and February 2002 ZACRO carried out a campaign advocating for the abolition of the death penalty in Zimbabwe. The Association held six public meetings in major towns and cities. Although the death penalty still stands in Zimbabwe, ZACRO made a tremendous effort to enlighten members of the public and all other stakeholders in penal reform and on the need for abolishing capital punishment.

How does ZACRO assist prisoners and ex-prisoners?

Whenever resources are available, ZACRO donates educational books and other literature to the Zimbabwe Prison Service for use by inmates. The books have been useful for offenders who want to progress with their education and use the qualifications after imprisonment. The organization also helps the inmates in prisons throughout the country by paying for their examination and trade test fees in the educational and vocational fields they will be engaged in.

ZACRO also assists needy prisoners on release. The organization provides temporary accommodation to released prisoners especially those whose relatives have rejected them. Efforts are being made to acquire a larger location (possibly a farm), which would be developed into a half-way home, accommodating a sizeable number of ex- prisoners. ZACRO intends for the half-way home to become an institution for acquiring hands-on-experience and vocational training for ex-convicts. Proposed projects include woodwork, metalwork, sewing and farming. ZACRO also provides second hand clothing and other humanitarian assistance sourced from well wishers to ex prisoners.

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