Important note: Information in this article was accurate in 2008. The state of the art may have changed since the publication date.
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New Vision (Kampala) - November 27, 2008
Mary Karugaba
The HIV and AIDS Prevention and Control Draft Bill 2008 says all information regarding HIV shall be scientifically verified before being announced.
The Bill, drafted by MPs on the HIV/AIDS committee, will provide for the prevention, protection and control of the disease.
It will also cater for counselling, testing and care of persons infected with HIV/AIDS, their rights and obligations.
"The Bill is still with the Law Reform Commission. But as soon as it's presented to parliament and to the committee for review, you will be called to have your input," the chairman, Dr. Chris Baryomunsi, told members of civil society organisations.
HIV/AIDS activist Rubaramira Ruranga said the Government should come up with tough laws to punish people who mislead patients.
"Adverts are everywhere, on radios, pavements, streets that: 'I am doctor Musota and I can cure AIDS'. The ministry of health hears such information but does nothing," Rubaramira said.
The Bill also stipulates that any person who purposely transmits or attempts to transmit HIV/AIDS commits an offence and shall be liable to 10 years imprisonment or a fine of about sh100,000.
This does not apply to a person who commits the offence while not aware of their sero status at the time of the act or if the victim accepts the infected person.
However, the civil society members represented by Rosette Mutambi criticised the Bill, saying it encourages deliberate transmission of HIV.
They argued that ordinary criminal law provides sufficient legal mechanisms to hold anyone accountable for deliberate infection of a sexual partner. This, therefore, would not call for a specific law to criminalise HIV/AIDS.
Mutambi said the penalties proposed for knowingly transmitting the virus hampers initiatives such as voluntary testing.
She said individuals would avoid finding out their status in order to avoid criminal liability.
"Such offences take Uganda back to stigmatisation and denial, which the country has been trying hard to come out of. Providing no offence for a person who unknowingly transmits the disease makes ignorance an excuse for committing an offence," Mutambi said.
The Bill also says any health professional who discloses the HIV/AIDS status of any person, commits an offence and is liable to a fine or imprisonment or both.
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