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) - December 14, 2008
Frederick Womakuyu
"We have tried all efforts to combat the disease, but why are we registering stagnation? There has been enough funding and each sector has tried its best, so do we need another strategy of combating the disease?" he asked. "We made a private members' bill and when we consulted the Uganda Law Reform Commission, they were also interested in it. So, we are now consulting stakeholders. It is just a proposal and if the public wants to make any further changes, they are welcome."
Baryomunsi says less than 20% of Ugandans know their HIV status. He believes the law will protect those who are still safe.
"Two thirds of the bill talks of HIV/AIDS prevention, control, protection, rights and obligations of the persons infected. It also states measures to take when caring, supporting and treating infected persons," Baryomunsi says.
Dr. Elly Katabira, the associate professor of medicine and former deputy dean for research at Makerere University, says HIV prevention or transmission cannot be stopped by bills.
"Individuals should make the decision. If an adult has consented to having sex, he or she should know that there are chances of getting infected. Therefore, one should abstain, use a condom or remain faithful to their partner."
Katabira says Uganda should limit criminalisation to cases where a person forces another into sex and infects them intentionally. This is a legal issue and it is covered by the current laws. But he says intentional and malicious acts of HIV transmission are rare, so in most instances, criminal prosecutions are not appropriately applied.
Stella Kentutsi, the programme manager of the National Forum of People Living with HIV/AIDS Networks in Uganda says: "The law places all the blame on people living with the virus for transmitting it to others. This dilutes the messages that could have made the HIV fight a success. It does not even encourage people who do not know their status to test." She argues that criminalisation of HIV/AIDS will most likely result into more cases of gender-based violence.
"To avoid breaking the law, women could stop having sex with their husbands or if they disclose their status to their partners, they face the risk of violence, eviction, loss of property and other forms of abuse," Kentutsi adds.
Dr. Peter Mugoya, an AIDS counsellor with Bugolobi Children's Orphanage, says: "Many women are living with the virus and are often not able to access treatment to prevent mother-to-child transmission of HIV. This means such people may be prosecuted, making pregnancy criminal," he adds.
Kentutsi says it may create distrust in relationships between HIV-positive people and their care providers. It will also impede on the provision of quality treatment and care for fear that their HIV status may be used against them in case of a criminal case.
Mugoya says the law is likely to fuel stigma and fear, reinforcing stereotypes that people living with HIV are criminals.
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