Final Communiqué on the National Dialogue on the Study: “HIV, the Law and Human Rights in the African Human Rights System: Key Challenges and Opportunities

1.     The African Commission on Human and Peoples’ Rights (the African Commission) through its Committee on the Protection of the Rights of People Living with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV (the Committee on HIV) in collaboration with the Uganda Human Rights Commission, organized a National Dialogue on the Study: “HIV, the Law and Human Rights in the African Human Rights System: Key Challenges and Opportunities for Rights-Based Responses to HIV”, on 30^th November 2018 in Kampala, Uganda.

2.     The National Dialogue was attended by 39 participants representing:

·         The Committee on HIV, represented by its Chairperson, Honorable  Commissioner  Soyata Maiga, and expert members Dr. Ebenezer Durojaye,  Mr. Christian Garuka Nsabimana and Mr. Fogue Dzutue Alain Patric Ledoux, assisted by Ms. Anita Bagona;

·         The Uganda National Human Rights Commission (UHRC);

·         The Uganda AIDS Commission (UAC);

·         The UN Agencies (UNAIDS and UNDP)

·         ThePeople living with HIV; key populations, civil society organizations based in Uganda; and

·         The media.

3.     Speeches of the opening ceremony were delivered by the Chairperson of the Uganda Human Rights Commission (UHRC), Honorable Med S.K. Kaggwa and the Chairperson of the African Commission and Chairperson of the Committee on HIV, Honorable Commissioner Soyata Maiga.

4.     The National Dialogue was aimed at launching, popularizing and widely disseminating the African Commission’s Study on HIV, the Law and Human Rights in the African Human Rights System: Key Challenges and Opportunities for Rights-Based Responses to HIV of the African Commission; engaging with relevant stakeholders particularly state and non-state entities on the findings of the Study; and finding a common ground and deliberate on ways, means and mechanisms for the implementation of the recommendations made by the Study.

5.     Several themes were extensively discussed, including:

·         The main findings and conclusions of the Study;

·         The perspectives of the Government, the Uganda Human Rights Commission, the Uganda AIDS Commission, the NGO and the Community of People living with HIV on the promotion and the protection of the rights of People Living with HIV and those at Risk, Vulnerable to and affected by HIV in Uganda; and

·         The Recommendations of the Study.

6.     Presentations were followed by constructive dialogues on the findings, conclusions and recommendations of the Study.

7.     Participants during the Dialogue brainstormed in the Plenary Session on the expansion of the recommendations and elaborated on ways, means and mechanisms for the implementation of the recommendations of the Study.

8.     The following recommendations were made at the conclusion of the National Dialogue:

To the Government of Uganda

·         Review and amend laws, policies and practices to ensure that they are in line with human rights norms and principles, especially the issue of criminalization of people living with HIV;

·         Establish an inter-ministerial relationship to address human rights issues affecting key populations in HIV Context;

·         Adopt and implement laws, policies and programs which advance the rights of key populations in HIV context;

·         Ensure that Anti-discrimination HIV and AIDS policies are put in place and implemented at workplaces; in both public and private sector;

·         Create an enabling environment for Human rights defenders;

·         Collect and disaggregate data of key populations in the context of HIV for proper interventions and planning;

·         Support and strengthen existing institutions in addressing human rights issues relating to HIV;

·         Apply rights-based responses and guarantee the meaningful participation of people living with HIV and key populations in the HIV response;

To the Uganda Human Rights Commission/ the Uganda AIDS Commission

·         Establish a National Task Force comprised of all stakeholders working in the HIV domain, with clear terms of reference to ensure follow up and implementation of the study’s recommendations;

·         Build synergy between the Uganda Human Rights Commission and the Uganda AIDS Commission regarding the promotion and the protection of human rights of people living with HIV with a particular attention on key population;

·         The Uganda AIDS Commission should establish a human rights desk that can lead and work with CSOs on human right protection in the context of HIV;

·         Disseminate the conclusions and recommendations of the Study on HIV, the Law and Human Rights;

To the African Commission on Human and Peoples’ Rights

·         Monitor the implementation of recommendations and use their quasi-judicial powers by fast tracking cases;

·         Provide platform for dialogue on the implementation of the recommendations of the Study.

To the Civil Society and Community of People living with HIV and those at risk

·         Mainstream and promote Human Rights in their HIV programs;

·         Assist to disseminate the Study to the various actors and lobby for the implementation of its recommendations;

·         Build synergy with the Committee on HIV as well as the ACHPR to address human rights issues relating to HIV;

·         Monitor and document human rights violations against PLHIV, especially by private actors.

Done at Kampala, Uganda, this 30^th day of November 2018