Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa , livre ebook

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The Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa is a collection, in five parts, of global, regional, sub-regional and national human rights instruments, policies, legislation and case law that are relevant to HIV and AIDS. In most instances, only excerpts pertinent to HIV and AIDS are provided. When applicable, reference is made to a source where the full text may be accessed.Part A: The global documents include UN conventions, declarations, concluding observations and other relevant documents as well as instruments adopted by the World Trade Organisation.Part B: The regional documents include those adopted within various organs and institutions of the African Union including concluding observations and resolutions from the African Commission on Human and Peoples’ Rights, and relevant documents form the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM). Abstracts of country review reports of the APRM are also provided.Part C: The Compendium also contains HIV-related documents adopted at the sub-regional level. The sub-regional documents provided in this Compendium emanate from the Common Market for Eastern and Southern Africa (COMESA), the East African Community (EAC), the Economic Community of Central African States (ECCAS), the Indian Ocean Commission (IOC), the Intergovernmental Authority on Development (IGAD) and the Southern African Development Community (SADC).Part D: Full text versions and pertinent excerpts of national constitutions, legislation, policies and case law from Eastern and Southern African countries are included in the Compen-dium.Part E: For purposes of comparison and experience sharing, the Compendium also contains relevant documents (legislation, case law and policies) from other regions. These regions include other parts of Africa. In spite of their efforts to provide a comprehensive overview of HIV-related legislation, policies and case law from Eastern and Southern African countries, the compilers and editors of the Compendium acknowledge the difficulties inherent in such an endeavour. Paramount among these difficulties is the lack of accessibility of some relevant documents. This Compendium therefore does not cover all documents related to HIV in Eastern and Southern Africa. It should still be useful to parliamentarians, members of the judiciary, lawyers, civil society organisations, people living with HIV and all interested institutions and individuals as a reference book that provides a comparative overview of the legal and policy frameworks on HIV in Eastern and Southern African countries. Efforts have been made to ensure accuracy in the translation of legislation and policies of francophone and lusophone countries. It should be noted that these translations remain unofficial. In addition, some of the original texts and case law in this Compendium have been edited for consistency. Footnotes have also been omitted from excerpted case law. However, the editing and omissions do not alter the substance of the reprinted documents. Dates provided after treaties (such as ‘1958/1960’) indicate the date of the treaty’s adoption (first date ‘1958’) and subsequent entry into force (second date ‘1960’). The Compendium is one of a series of tools developed by the AIDS and Human Rights Research Unit for the UNDP’s HIV and AIDS Team at the Regional Service Centre in Johannesburg. These tools are aimed to reinforce the response to HIV of countries in Eastern and Southern Africa. The other tools are: Guide to an effective human rights response to the HIV epidemic, Checklist of human rights obligations to effectively address HIV and AIDS in Eastern and Southern Africa, powerpoint cum Flip Chart presentation, and CD Rom of key documents relating to human rights and HIV in Eastern and Southern Africa. The complete version of the tools may be accessed on the following websites: http://www.chr.up.ac.za/undp and http://www/undp.org/hiv/pa_africa.htmAs far as possible, the documents and information in this Compendium reflect the position as at 31 December 2007.

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Publié par	PULP (Pretoria University Law Press)
Date de parution	01 janvier 2008
Nombre de lectures	0
EAN13	9780980265897
Langue	English
Poids de l'ouvrage	3 Mo

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COMPENDIUM OF KEY
DOCUMENTS RELATING TO
HUMAN RIGHTS AND
HIV IN EASTERN AND
SOUTHERN AFRICA
2008Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa
Commissioned by UNDP, Regional Service Centre for Eastern and Southern Africa
Researched and edited by the AIDS and Human Rights Research Unit, Centre for the Study of AIDS and Centre for Human Rights,
University of Pretoria
First published 2008
Copyright©2008
UNDP and
Pretoria University Law Press (PULP)
All rights reserved
Disclaimer
The opinions expressed in this Compendium are those of its authors and may not necessarily reflect the views or policies of UNDP. As
far as possible, the documents and information in this Compendium reflect the position as at 31 December 2007.
Acknowledgment
This Compendium has been compiled and edited by the AIDS and Human Rights Research Unit for the United Nations Development
Programme-Regional Service Centre (UNDP-RSC) as part of a UNDP initiative on human rights, gender, and HIV and AIDS in
Eastern and Southern Africa.
Staff of the AIDS and Human Rights Research Unit, who participated in developing this tool, are: Susan Precious, Karen Stefiszyn,
Adiam Woldeyohannes, Patrick Eba and Frans Viljoen. The dedicated assistance of the following interns working with the Unit is also
gratefully acknowledged: Joshua Cohen, Marloes Stammen, Emma Chase Bellamy, Alastair Crewe, Isabel De Bruin-Cardoso, Alaric
Vandenberghe and Titilola Uliem. Translation of French texts are by Mianko Ramaroson, and of Portuguese texts by Miguel Angelo
de Almeida.
The support of Mary Crewe, Pierre Brouard and, in particular, Rakgadi Mohlahlane, at the Centre for the Study of AIDS is also much
appreciated and acknowledged.
The editors acknowledge the support of Shivaji Bhattacharya and Irene Akiy of UNDP-RSC for Eastern and Southern Africa.

To order, contact:
Shivaji Bhattacharya, Senior Policy Advisor, UNDP or PULP
Email: shivaji.bhattacharya@undp.org Faculty of Law
or University of Pretoria
United Nations Development Programme South Africa
Regional Service Centre 0002
7 Naivasha Road Tel: +27 12 420 4948
Sunninghill 2157 Fax: +27 12 362 5125
Johannesburg pulp@up.ac.za
South Africa www.pulp.up.ac.za
Tel: +27 11 603 5000
ISBN: 978-0-9802658-9-7FOREWORD
We, the global community, are almost three decades into the HIV and when interpreting laws. The Compendium is the printed
epidemic and today there is indisputable evidence that the version, and the CD-Rom the electronic version.
destructive force of the HIV and AIDS epidemic is fuelled by a
It is envisaged that the tools would strengthen the capacity ofwide range of human rights violations. Contemporary
developstakeholders in Eastern and Southern Africa to advocate for ament practitioners agree that the inadequate realisation of human
human rights-based response to HIV. The tools also providerights accelerates the spread of HIV and worsens the impact of
guidelines to facilitate the evaluation and strengthening of policyAIDS in the world. Hence, a strengthened and coherent human
and legislation. rights-based response to the epidemic will go a long way towards
increasing social cohesion and the community’s ability to It should be stressed that these are not ‘one size fits all’ tools.
respond to the epidemic in our midst. Although differences between countries are taken into account,
universal obligations form the pivots of the position. ThoseBased on feedback from a set of stakeholder consultations
making use of the tools at the national level will, no doubt, be ininvolving diverse groups of people, including parliamentarians,
the best position to incorporate local features into theirfrom 22 countries in Eastern and Southern Africa, UNDP’s HIV
responses. The information has been captured at a given point inand AIDS Team located at the Regional Service Centre in
time and may have evolved in the passing months.Johannesburg, South Africa, identified the need to develop
advocacy and information material on human rights-based Strengthening the capacity and commitment of states to respect,
responses to HIV in the region. The initiative culminated in the protect and promote human rights is of course a central strategy
development of a set of tools designed to support policy and of all development and public health efforts, not just the response
legislative review and reform. These include: to HIV. The severity, consequences and complexities of the HIV
epidemic make human rights efforts all the more important. How1. Guide to an effective human rights response to the HIV
can countries go beyond necessary but insufficient biomedicalepidemic: The Guide gives information on using the framework
responses to the epidemic to address the fundamental socialof international human rights law as the basis for shaping
issues that drive new infections and undermine care, treatmentnational laws addressing HIV in Eastern and Southern Africa.
and impact mitigation? How can countries ensure that responsesThe Guide will assist stakeholders to develop strategies to
to crises like gender-based violence and its association to HIVstrengthen national law in ways that uphold the human rights of
are effective rather than counter-productive? Only a humanpeople living with HIV.
rights framework can respond to these challenges, and we hope
2. Checklist of human rights obligations to effectively address that the tools will assist a cross section of stakeholders to
HIV and AIDS in Eastern and Southern Africa: This tool will understand and promote such an approach.
assist government and civil society to assess and inform policy
We believe that tools of this nature are rarely complete infrom the context of human rights obligations as they relate to
themselves and need to supplement existing tools and efforts onHIV.
the ground. We look forward to feedback and advice which will
3. Powerpoint cum Flip Chart presentation: Change agents and enable the tools to remain contextual and evolve over time to
advocacy groups can use these communication tools to enhance appropriately address the changing nature of the epidemic and
the capacity of their constituencies to understand the obligations our responses to it.
of states and suggest possible steps towards the domestication of
international human rights frameworks.
Jeffrey O’Malley4. Compendium and CD-Rom of key documents relating to
Director, HIV/AIDS Practicehuman rights and HIV in Eastern and Southern Africa: These
tools provide a comprehensive and accessible catalogue of UNDP
international, regional and national human rights documents in a
single source. They aim to inform the response of stakeholders,
in particular when reviewing and drafting legis-lation and policy,
_________________________________________________________________________________________________________________
COMPENDIUM OF KEY DOCUMENTS RELATING TO HUMAN RIGHTS AND HIV IN EASTERN AND SOUTHERN AFRICA IIITABLE OF CONTENTS
FOREWORD III
LIST OF ACRONYMS AND ABBREVIATIONS XI
GLOSSARY OF TERMS 1
INTRODUCTION 3
AGLOBAL DOCUMENTS 4
BREGIONAL DOCUMENTS 59
CSUB-REGIONAL DOCUMENTS FROM REGIONAL ECONOMIC COMMUNITIES IN EASTERN 97
AND SOUTHERN AFRICA
D DOMESTIC DOCUMENTS FROM EASTERN AND SOUTHERN AFRICAN COUNTRIES 119
ELEGISLATION, POLICIES AND CASE LAW FROM OTHER REGIONS 259
AGLOBAL DOCUMENTS
A1 UN treaties, with General Comments and Concluding Observations 4
A1.1 ILO Discrimination (Employment and Occupation) Convention, No 111 (1958/1960) 4
A1.2 Convention on the Elimination of all Forms of Racial Discrimination (1965/1969) 4
A1.3 International Covenant on Civil and Political Rights (1966/1976) 5
A1.4tional Covenant on Economic, Social and Cultural Rights (1966/1976) 6
General Comment 14 (2000) 7
Concluding Observations – Sudan (2000) 9servations – Zambia (2005) 9
A1.5 Convention on the Elimination of All Forms of Discrimination against Women (1979/1981) 10
General Recommendation 15 (1990) 11Recommendation 24 (1999) 12
Concluding Observations – Kenya (2003) 14
Concluding Comments – Malawi (2006) 15– Namibia (2007) 17
A1.6 ILO Occupational Safety and Health Convention, No 155 (1981/1983) 18
A1.7 Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or 19
Punishment (1984/1987)
A1.8 Convention on the Rights of the Child (1989/1990) 19
General Comment 3 (2003) 22
Concluding Observations – Angola (2004) 27servations – Botswana (2004) 28servations – Uganda (2005) 30servations – Mauritius (2006) 32
Optional Protocol on the Involvement of Children in Armed Conflict (2000/2002) 34nal n the Sale of Children (2000/2002) 34
A1.9 International Convention on the Protection of the Rights of All Migrant Workers and 35
Members of their Families (1990/2003)
A1.10 Convention on the Rights of Persons with Disabilities (2006) 37
A2 UN declarations and similar documents 39
A2.1 UN Standard Minimum Rules for the Treatment of Prisoners (1955) 39
A2.2 Ottawa Charter for Health Promotion (1986) 39
A2.3 World Health Assembly Resolution 41.24 on the Avoidance of Discrimination in relation 39
to HIV-infected People and People with AIDS (1988)
A2.4 WHO Guidelines on H