UNDP reports legal environment on MSM and HIV

Report Launch: Legal environments, human rights and HIV responses among MSM and TG in Asia and the Pacific: An agenda for action

On Tuesday, July 20th, UNDP/APCOM presented a ground breaking study on Legal environments, human rights and HIV responses among men who have sex with men and transgender people in Asia and the Pacific: An agenda for action. This report and its key findings were delivered during the session on Criminalizing Homosexual Behaviour: Human Rights Violation and Obstacles to Effective HIV/AIDS Prevention at the XVIII International AIDS Conference in Vienna. A press conference was held on Wednesday, July 21st with Jeff O’Malley, Global Director of UNDP’s HIV Group and Shiv to launch the report.

The report clearly documents how both punitive and protective laws, policies and practices impact comprehensive HIV response. To support the findings and recommendations, the report maps out recent judicial, legislative and policy developments  and community responses at the global, regional and national levels. Together, these findings demonstrate why it is necessary for stakeholders across the spectrum to adopt a rights-based approach to universal access and proactively address policy and legal barriers to effective HIV responses. Finally, the report recommends that each government, development partner and UN agency take bold and effective policy measures to reach out to communities and individuals at risk, particularly those living with HIV.

The study method involved a yearlong review of legislation, cases, published research and grey literature, consultations with community representatives, technical experts and UN agencies, and analysis. A list of participants in the series of community and high-level consultations convened by UNDP to inform the report is provided at Annex II. Inputs were also collected from community representatives; with UNDP and UNAIDS country offices;  UNAIDS and WHO regional offices, with USAID and AusAID, and with some government partners. It’s important to acknowledge that the study has produced more than a report – it has also generated a process, a series of regional consultations within themselves help to raise awareness and build capacity of stakeholders in understanding the issues, and regional and national meetings were held to look at the legal environment and discuss implications.  The study also benefited from technical expertise with inputs from lawyers, parliamentarians and judges from the region.  The recent Punitive Laws, Human Rights and HIV prevention among men who have sex with men in Asia Pacific - High Level Dialogue held in Hong Kong on May 17, 2010 was the last of a series of regional consultations.  The work in this area has been highly  covered by both the international media and local news agencies, and has produced an editorial and full length article in Lancet.

A big thanks to all of you who participated by providing inputs and comments to the report.

Please download the full report HERE.

The following supporting publications can be downloaded HERE.

 - Punitive Laws, Human Rights and HIV prevention among men who have sex with men in Asia Pacific - High Level Dialogue Report (2010)

- WHO: Priority HIV and sexual health interventions in the health sector for men who have sex with men and transgender people in the Asia-Pacific region (2010)

- ICAAP IX Symposium: Overcoming legal barriers to comprehensive prevention among men who have sex with men and transgender people in Asia and the Pacific (2009)

- Developing a Comprehensive Package of Services to Reduce HIV among MSM and TG Populations in Asia and the Pacific: Regional consensus meeting (2009)

[Posted by Edmund Settle, MSM-Asia mailing list, 2010-07-21. The full report can also be downloaded HERE.]

UNDP and UNAIDS launch HIV and Law Commission

“Addressing punitive laws and human rights violations blocking effective AIDS responses”

Geneva, Switzerland – The United Nations Development Programme (UNDP), with the support of the UNAIDS Secretariat, launched the Global Commission on HIV and the Law today. The Commission’s aim is to increase understanding of the impact of the legal environment on national HIV responses. Its aim is to focus on how laws and law enforcement can support, rather than block, effective HIV responses.

The Global Commission on HIV and the Law brings together world-renowned public leaders from many walks of life and regions. Experts on law, public health, human rights, and HIV will support the Commissions’ work. Commissioners will gather and share evidence about the extent of the impact of law and law enforcement on the lives of people living with HIV and those most vulnerable to HIV. They will make recommendations on how the law can better support universal access to HIV prevention, treatment, care and support. Regional hearings, a key innovation, will provide a space in which those most directly affected by HIV-related laws can share their experiences with policy makers. This direct interaction is critical. It has long been recognized that the law is a critical part of any HIV response, whether it be formal or traditional law, law enforcement or access to justice. All of these can help determine whether people living with or affected by HIV can access services, protect themselves from HIV, and live fulfilling lives grounded in human dignity.

Nearly 30 years into the epidemic, however, there are many countries in which negative legal environments undermine HIV responses and punish, rather than protect, people in need. Where the law does not advance justice, it stalls progress. Laws that inappropriately criminalize HIV transmission or exposure can discourage people from getting tested for HIV or revealing their HIV positive status. Laws which criminalize men who have sex with men, transgender people, drug-users, and/or sex workers can make it difficult to provide essential HIV prevention or treatment services to people at high risk of HIV infection. In some countries, laws and law enforcement fail to protect women from rape inside and outside marriage – thus increasing women’s vulnerability to HIV.

At the same time, there are also many examples where the law has had a positive impact on the lives of people living with or vulnerable to HIV. The law has protected the right to treatment, the right to be free from HIV-related discrimination in the workplace, in schools and in military services; and has protected the rights of prisoners to have access to HIV prevention services. Where the law has guaranteed women equal inheritance and property rights, it has reduced the impact of HIV on women, children, families and communities.

With more than four million people on life-saving treatment and a seventeen per cent decrease in new infections between 2001 and 2008, there is hope that the HIV epidemic is at a turning point. To reach country’s own universal access targets and the Millennium Development Goals (MDGs), persistent barriers like punitive laws and human rights violations will need to be overcome.

UNDP Administrator Helen Clark believes that the next generation of HIV responses must focus on improving legal, regulatory, and social environments to advance human rights and gender equality goals. “Some 106 countries still report having laws and policies present significant obstacles to effective HIV responses. We need environments which protect and promote the human rights of those who are most vulnerable to HIV infection and to the impact of HIV, and of those living with HIV/AIDS,” Helen Clark said.

Michel Sidibé, UNAIDS Executive Director has made removing punitive laws a priority area for UNAIDS. “The time has come for the HIV response to respond to the voice of the voiceless,” he said. “We must stand shoulder to shoulder with people who are living with HIV and who are most at risk. By transforming negative legal environments, we can help tomorrow’s leaders achieve an AIDS-free generation.”

The Global Commission on HIV and the Law is being supported by a broad range of partners and stakeholders, including donors such as the Ford Foundation and AusAID. Murray Proctor, Australia’s Ambassador on HIV, expressed strong support for the Commission and the work it is tasked to do. “We commend UNDP and the UNAIDS programme for courageously taking this work forward, and we welcome the opportunity to contribute and support.”

The Commission’s work will take place over an 18 month period – mobilizing communities across the globe and promoting public dialogue on how to make the law work for an effective response to HIV. The findings and recommendations of the Commission will be announced in December 2011.

For more information about the Commission, please visit: http://www.undp.org/hiv/comissiononhivandthelaw/

[Posted by Edmund Settle on MSM-Asia mailing list, 2010-06-25]

UN says "decriminalisation" helps HIV interventions

[Posted by Faisal Alam, ap-rainbow, 08 November 2008.]

From AFP - November 6, 2008
UN urges India to decriminalise homosexuality

NEW DELHI (AFP) — The United Nations has urged India to decriminalise homosexuality, saying it would help the fight against HIV/AIDS by allowing intervention programmes like the successful ones in China and Brazil.

Jeffrey O'Malley, director of the United Nations Development Programme on HIV/AIDS, told AFP Friday that countries protecting homosexuals from discrimination had far better records of protecting them from infection.

India, which has an estimated 2.5 million people living with HIV, has seen a drop in new infections contracted through unprotected commercial sex.

But "unfortunately in India, the rates of new infections among men who have sex with men continue to go up," O'Malley said.

"Until we acknowledge these behaviours and work with people involved with these behaviours, we are not going to halt and reverse the HIV epidemic," he said.

"Countries which protect men who have sex with men... have double the rate of coverage of HIV prevention services -- as much as 60 percent."

O'Malley's remarks come amid a stormy debate in India over homosexuality -- which is punishable by a fine and a 10-year prison term.

The Delhi High Court is currently considering a suit brought by gay rights activists to decriminalise homosexuality in a case that has generated intense media interest.

The statute in question is a British colonial-era law prohibiting "carnal intercourse against the order of nature."

Those seeking a change, including Health Minister Anbumani Ramadoss, argue that allowing homosexual sex between consenting adults would bring India's largely closeted gay community into the open.

O'Malley said countries where homosexuality was not legally proscribed had more success in preventing new infections among sexual minorities.

"In China, male homosexuality has never been illegal. So there aren't any of these legal barriers to HIV prevention work," he said: "It's easier to do this (prevention) work in China."

Brazil, he added, had taken another step forward by combining legal status for gays and lesbians with anti-homophobia campaigns.

Announcement: policy advisor for UNDP

[Posted by Edmund Settle on msm-asia on Google Groups, 06 October 2008]

POLICY ADVISOR, SEXUAL MINORITIES, HIV/AIDS

Location: New York, UNITED STATES OF AMERICA
Application Deadline: 20-Oct-08
Additional Category: Management
Type of Contract: 200 Series
Post Number: 00038106
Post Level: L-5
Languages Required: English
Starting Date: (date when the selected canditate is expected to start) 01-Dec-2008
Duration of Initial Contract: 1 year
Expected Duration of Assignment: 1 year

Background

Human rights violations and inequitable gender relations continue to fuel the spread of the HIV epidemic. Protecting the rights of people living with HIV and promoting gender equality are essential for reducing vulnerability to HIV and scaling-up national responses. UNDP supports countries in creating an enabling human rights environment to protect the rights of people living with HIV, with particular attention to women and other most at-risk groups. The UNDP HIV/AIDS Practice in the Bureau for Development Policy's strategic outcome 11 focuses on Human Rights, Gender and HIV/AIDS. Under this outcome area, UNDP addresses vulnerability of sexual minorities (sexual minorities is a working phrase encompassing men who have sex with men and various transgender/intersex populations that are disproportionately affected by HIV) as part of its efforts to scale-up human rights and gender equality approaches in national, regional and global AIDS responses. Under the Global Task Team's division of responsibilities, UNDP has been designated as the lead UNAIDS Cosponsor for gender, men who have sex with men (MSM) and transgender populations.

Working with the HIV/AIDS Practice in BDP, under the overall guidance of the Practice Director and in collaboration with the Gender Advisor, this Sexual Minorities Advisor will lead global programming on sexual minorities including men who have sex with men and transgender persons.

Practice Approach

HIV/AIDS Practice

UNDP is a founding cosponsor of the Joint UN Programme on HIV/AIDS (UNAIDS). The UNAIDS division of labor provides the framework for UNDP's response to the AIDS epidemic. UNDP is responsible for leading the UNAIDS response in addressing the following:

• Development Planning and Mainstreaming - AIDS responses are integrated into poverty reduction strategies, MDG-based national development plans and macro-economic processes.
• Governance of the HIV responses - Strengthened national capacity for inclusive governance and coordination of HIV responses, and increased participation of civil society organizations and people living with HIV in the design, implementation and evaluation of HIV programmes.
• Human Rights and Gender - Policies and programmes implemented through multi-stakeholder approaches to protect the human rights of people affected by AIDS, mitigate gender related vulnerability and address the impact of AIDS on women, girls and other key populations, including men who have sex with men and transgender populations.
• Country Implementation Capacity - Accelerated implementation of AIDS funds and programmes financed through multilateral funding initiatives, including the Global Fund to fight AIDS, Tuberculosis and Malaria.

Duties and Responsibilities

The Sexual Minorities Advisor will serve as the technical resource person in sexual minorities and HIV/AIDS supporting Country Offices, Regional Offices, as well as leading the UNDP's global HIV/AIDS Practice.

Summary of Functions:

• Policy Development and Advisory Services
• Research and Content Development
• Practice Advocacy
• Management and Coordination

Detailed functions and results in line with UNDP Strategic Plan Results Framework:

1. Policy Development and Advisory Services (40%)

• Lead policy development and advisory services for programme support in the MSM, transgender and HIV/AIDS thematic area;
• Lead the provision of policy advisory and technical support to Country Offices, UN Country Teams and other beneficiaries in the area of MSM, transgender and AIDS;
• Provide technical support to increase the quantity and quality of sexual minority activities at country level by Joint UN Teams on AIDS;
• Provide guidelines and technical support to scale-up integration of MSM and transgender issues;
• Provide policy advice for advancing gender equality and equity through AIDS programming, including addressing men who have sex with men, transgender populations, sex workers and IDU;
• Development and dissemination of enhanced technical guidelines on sexual minority issues in different epidemiological and socio-legal settings, to support country and regional Global Fund applications;
• Provide direct technical support to Global Fund and related sexual minority proposal development processes;
• Contribute collaborative capacity building efforts targeting:
• Men's networks, transgender networks and groups of men and transgenders living with HIV to strengthen their participation in all aspects of the AIDS response at the national level
• Government and Civil Society in addressing gender inequality, gender-based violence, and discrimination against men who have sex with men and transgender populations
• UNDP gender and HIV focal points to strengthen their roles in implementing gender and AIDS programmes and as effective advocates for gender equality in the context of HIV/AIDS

2. Research and Content Development (30%)

• Advocacy and policy development of normative standards and approaches on sexual minorities and HIV;
• Promote the integration of gender sensitive approaches into national development planning;
• Promote and disseminate evidence-informed policies and practices in gender-sensitive HIV/AIDS initiatives;
• Collaborate with gender and HIV focal points in the Regional Service Centres and Country Offices on HIV/AIDS initiatives;
• Provide substantive and technical leadership in promoting gender equality in HIV/AIDS;
• Contribute experience and expertise to the formulation of new policies, documenting practice and cross-practice experience and lessons learned;
• Monitor trends, good practices and case evidence in gender and HIV including support to address the vulnerability of men to HIV, sexual and gender-based violence in order to provide technical leadership in the field;
• Actively participate in the global HIV/AIDS community of practice and in sub-practice activities in the area of gender equality;
• Promote knowledge management to enrich the content base for AIDS response strategies by documenting practice experience, lessons learned, and replicable tools from applied initiatives; and
• Design and promotion of 'know your epidemic' tools linking MSM and transgender issues to gender issues.

3. Practice Advocacy (20%)

• Take the lead in maintaining and developing regional partnerships in MSM, transgenders and AIDS;
• Contribute to strengthening partnerships with other UN agencies in developing global MSM/TG strategy through an internal working group;
• Development and promotion of guidelines / action tool for Resident Coordinators and other UN country staff on why and how to address HIV, MSM and LGBT issues in different country contexts;
• Support the involvement of positive women's, men's, transgender and people living with HIV groups in the formulation and implementation HIV policies and programmes;
• Enhanced partnerships with key civil society networks for advocacy activities, policy input and peer support amongst CSOs;
• Promote global, regional and local partnering and exchange, through HIV/AIDS information and learning;
• Support networking among partners, including the identification of external support providers; and
• Support the communication of UN/UNDP policy positions and practice approaches to external support providers to ensure continuity and coherence in all collaborative efforts.

4. Management and Coordination (10%)

• Work closely with the Bangkok MSM and HIV/AIDS Policy Specialist to develop work plans and monitor and report progress in line with the strategic goals of the HIV/AIDS Practice; and
• Enlist management solutions to troubleshoot programme delivery difficulties and share best practices.

Competencies

Corporate:

• Demonstrates integrity and fairness, by modeling the UN/UNDP's values and ethical standards;
• Promotes the vision, mission and strategic goals of UNDP; and
  Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability.

Functional:

• Minimum of 10 years national/international working experience in the HIV/AIDS area including considerable focus on sexual minorities as well as other key populations (sex workers, IDU, etc);
• Proven professional credibility, as well as senior-level working experience in a governmental, multilateral or civil society organization, in both developed and developing countries;
• Work experience in a developing country highly desirable;
• Extensive network of international and individual contacts;

Leadership:

• Strong managerial/leadership experience and decision-making skills;
• Ability to conceptualize and convey strategic vision from the spectrum of development experience;
• Knowledge and expertise in UNDP's programming processes; and
• Proven ability to lead a practice area and drive for results with a strong knowledge of results-based management and budgeting.

Managing Relationships:

• demonstrated well developed people management and organizational skills;
• Strong ability to manage teams; creating an enabling environment, mentoring and developing staff;
• Excellent negotiating and networking skills; and
• Strong resource mobilization and partnering skills.

Managing Complexity:

• Ability to address global development issues;
• Substantive knowledge and understanding of development cooperation with the ability to support the practice architecture of UNDP and inter-disciplinary issues;
• Demonstrated substantive leadership and ability to integrate knowledge with broader strategic, policy and operational objectives; and
• A sound global network of institutional and individual contacts.

Knowledge Management and Learning:

• Ability to strongly promote and build knowledge products;
• Promotes knowledge management in UNDP and a learning environment in the office through leadership and personal example;
• Seeks and applies knowledge, information and best practices from within and outside of UNDP; and
• Provides constructive coaching and feedback.

Required Skills and Experience

• A Master's degree in a development related area – International Relations, Gender, Social Science, Political Science, Public Administration, Public Health, Epidemiology or other related field.
• At least 10 years of overall relevant professional experience as well as a proven professional record in the area of HIV including considerable focus on sexual minorities as well as other key population issues (sex workers, IDU, etc);
• Familiarity with human rights and gender equality approaches;
• Academic research skills including review and synthesis of public health evidence;
• Work experience from a developing country context is a necessity;
• A track record of extensive national/international working experience with increasing managerial responsibilities in the development arena and UNDP's practice areas; and
• Experience in leading/managing knowledge product development and dissemination.
• Fluency and proficiency in English; working knowledge of another UN language desirable.

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