Country Reports on Human
Rights Practices - 2008
Released by the Bureau
of Democracy, Human Rights, and Labor
February 25, 2009
http://www.state.gov/g/drl/rls/hrrpt/2008/
Excerpts pertaining to HIV/AIDS
Compiled from State Dept. reports by Richard J. Rosendall
Gay and Lesbian Activists
Note: For LGBT excerpts,
see the Council for Global Equality:
Afghanistan
No mention.
Albania
No mention.
Algeria
In 2006 the ministries of
religious affairs and health initiated a series of training sessions for imams
and female guides in order to better address social and medical issues,
including HIV/AIDS. As part of the program, 100 copies of a national guide on
Islam and HIV/AIDS were distributed to the attendees.
HIV/AIDS is considered a
shameful disease in the country. According to March 2007 statistics released by
the Ministry of Health, 2,100 citizens were HIV-positive, and 736 persons
suffered from HIV/AIDS. There were 54 centers offering free services to detect
HIV/AIDS. According to a 2007 survey of 30,000 families in the 48 provinces
performed by the United Nations Children's Fund, only 15 percent were aware of
means to protect themselves from contracting HIV/AIDS. During the year the
Health Ministry and the NGO AIDS Algerie launched an
HIV/AIDS prevention campaign, stressing the need to avoid discrimination,
especially in the workplace, against those with HIV/AIDS.
Andorra
There
were no reports of societal violence or discrimination against persons with
HIV/AIDS.
The government's elected
ombudsman advised the government in 2007 to follow World Health Organization
recommendations concerning work and residence permits for immigrants. According
to the ombudsman, the government's denial of permits to persons with certain
diseases, including those infected with the HIV virus, could constitute a
violation of human rights.
Angola
Discrimination against
those with HIV/AIDS is illegal, but lack of enforcement allowed employers to
discriminate against persons with the disease. There were no reports of
violence against persons with HIV/AIDS. The government's National Institute for
HIV/AIDS conducted HIV/AIDS awareness and prevention campaigns. Local NGOs
worked to combat stigmatization and discrimination against persons living with
HIV/AIDS. The FAA conducted educational programs to discourage discrimination
against HIV-positive military personnel and prevent the spread of the disease.
Antigua and Barbuda
There were no reports of
violence or discrimination directed toward persons with HIV/AIDS. The Ministry
of Health supported local NGO efforts to register human rights complaints and
seek assistance related to cases of discrimination against those with HIV/AIDS.
The Ministry of Labor encouraged employers to be more sensitive to employees
with HIV/AIDS.
Argentina
INADI received 62
discrimination complaints on the basis of HIV positive status, 34 of which were
resolved rapidly. The law prohibits termination of employment of HIV positive
employees.
Armenia
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Australia
Federal and various state laws
prohibit discrimination on the grounds of HIV-positive status. HREOC reviews
complaints of discrimination on the grounds of HIV/AIDS status under the
category of disability-related complaints, but a specific breakdown of
HIV/AIDS-related cases was not available.
Austria
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Azerbaijan
There were no reports of
societal violence or discriminations against persons with HIV/AIDS.
Bahamas
Stigma and discrimination
against persons with HIV/AIDS was high. Violence against persons with HIV/AIDS
was not reported, although the May victim in one of the unsolved gay killings
was the most prominent HIV/AIDS activist in the country. His death drew much
media attention and caused the HIV/AIDS center to close for three months
because press attention deterred those seeking information and treatment.
Children living with HIV/AIDS also faced discrimination, and teachers often
were not told that a child was HIV positive for fear of verbal abuse from both
educators and peers. The government maintained a home for orphaned children
infected with HIV/AIDS.
Bahrain
While discrimination against
homosexuality and HIV/AIDS was not common or apparent, both attributes were
socially taboo and not widely covered in the media.
Bangladesh
There were no reported
cases of violence or discrimination against HIV/AIDS patients. NGOs believed
this was partly a function of the refusal of victims to self-identify and an
absence of research given the relatively low rate of HIV/AIDS in the country.
Barbados
The government funded a
large country-wide media campaign to discourage discrimination against HIV/AIDS-infected
persons and others living with them.
Belarus
Prostitution is illegal,
but is an administrative, rather than a criminal, offense and penalties are
light. Officials and human rights observers reported that prostitution was not
a significant problem. However, anecdotal evidence indicated that it was
growing, particularly in regions outside the main cities. There were
prostitution rings in government-owned hotels. According to city police,
approximately 500 women in
Societal discrimination
against persons with HIV/AIDS remained a problem and the illness carried a
heavy stigma despite greater awareness and increased tolerance towards persons
infected with the virus. For example, maternity wards no longer had separate
facilities for HIV-infected mothers. However, the UN AIDS office reported that
there were still numerous reports of HIV-infected individuals who faced
discrimination. In September the government reported that 9,282 citizens were
infected with HIV.
Belgium
In its annual report for 2007,
the CEOOR noted an increase in discrimination based on health or medical
conditions--including against persons with HIV/AIDS, philosophical orientation
(a Belgian legal concept referring to religious, spiritual, and philosophical
belief or lack thereof), and age.
Belize
There was some societal
discrimination against persons with HIV/AIDS, and the government worked to
combat it through the public education efforts of the National AIDS Commission
under the Ministry of Human Development and through the Pan-American Social
Marketing Organization.
Benin
There were no reports of
overt discrimination or violence based on HIV/AIDS status. Since 2006 it has
been illegal to discriminate against a person, at any stage of hiring or
employment, based on his or her HIV status.
Bhutan
The National Women's
Association of Bhutan tried to encourage women to improve their living
standards and socio‑economic status. A National Commission for Women and
Children (NCWC) actively defended the rights of women and children during the
year. Respect, Educate, Nurture and Empower Women, a new
organization operating with funding and direction from the queen, focused on
HIV/AIDS and other health issues to improve the lives of underprivileged and
marginalized women. In April 2007, the government established the Women
and Child Protection Unit, run by female police officers in collaboration with
the NCWC. The unit provides a setting for women to voice problems freely and
works to ensure that victims receive appropriate care.
There is no mention of
HIV/AIDS or language referring to discrimination based on illnesses in the
constitution. However, these topics were not considered taboo in the country
and the World Bank reported that the government discussed sexual health issues
openly and positively.
Bolivia
The law provides that
prisoners have access to medical care, but care was inadequate, and it was
difficult for prisoners to get permission for outside medical treatment.
Nongovernmental organizations (NGOs) and prisoners reported cases of
tuberculosis and HIV/AIDS in the jails. However, affluent prisoners could
obtain transfers to preferred prisons or even to outside private institutional
care for "medical" reasons. Inmates who could pay had access to drugs
and alcohol, and sometimes they used children to traffic drugs inside the
prisons.
Although the law
prohibits discrimination based on race, gender, language, sexual orientation,
or social status, there was significant discrimination against women,
indigenous people, and the small black minority. Persons with HIV/AIDS,
indigenous people, peasant farmers, and homosexuals, in this order, experienced
the most discrimination.
The human rights
ombudsman reported that persons with HIV/AIDS faced the most discrimination in
the country.
Bosnia and Herzegovina
Government statistics put
the number of officially-registered cases of HIV/AIDS in the country at less
than 200. The NGO XY-Association for Sexual and Reproductive Health estimated
that the actual number of cases was approximately 600, while the UN Program on HIV/AIDS
estimated the number at less than 1,000. There was a significant stigma against
persons with HIV/AIDS, a general lack of awareness of HIV/AIDS, and extremely
limited resources to identify and assist those affected.
Botswana
The government generally respected
the human rights of its citizens; however, some problems remained, including
abuse of detainees by security forces, poor prison conditions, lengthy delays
in the judicial process, restrictions on press freedom, violence against women,
and child abuse. Societal discrimination against women, persons with
disabilities, homosexuals, persons with HIV/AIDS, persons with albinism, and
members of the San ethnic group was a problem.
Prison conditions
remained poor due to overcrowding. In September the prison system held
approximately 6,300 prisoners, which exceeded the authorized capacity of 4,900.
Overcrowding, which was worse in men's prisons, constituted a serious health
threat due to the high incidence of HIV/AIDS and tuberculosis. Rape of inmates
by inmates occurred.
Voluntary and free HIV
testing, peer counseling, and antiretroviral (ARV) drug treatment were
available to prisoners. As of September 2007, 314 prisoners were receiving ARV
treatment, and two HIV-positive pregnant prisoners were participating in a
"prevention of mother-to-child transmission" program. The government
did not provide ARV treatment to noncitizens in
detention, but those in long-term detention could receive such treatment for
free from a local nongovernmental organization (NGO).
Several organizations
such as The Botswana Center for Human Rights (DITSHWANELO); Botswana Law
Society; and The Botswana Network on Ethics, Law, and HIV/AIDS provided free
legal services but had limited capacity.
Independent local human
rights groups included DITSHWANELO; Childline, a
child welfare NGO; Emang Basadi,
a women's rights group; and the Botswana Network on Ethics, Law, and HIV/AIDS.
The government interacted with and provided financial support to some of these
organizations.
The law prohibits rape
but does not recognize the concept of spousal rape. The number of reported rape
cases increased during the year to 1,360; however, it was unclear whether this
was a result of increased reporting due to NGO efforts to improve awareness of
the crime or an actual increase in the number of rapes committed. By law the
minimum sentence for rape is 10 years in prison, increasing to 15 years with
corporal punishment if the offender is HIV-positive, and 20 years' imprisonment
with corporal punishment if the offender was aware of having HIV-positive
status. Corporal punishment was used more often in the customary courts and
typically consisted of strokes to the buttocks with a stick. A person convicted
of rape is required to undergo an HIV test before being sentenced. However,
police lacked basic investigative techniques in rape cases. Spousal rape is not
recognized as a crime.
In 2005 the UN Children's
Fund estimated that there were 150,000 orphans in the country, of whom
approximately 120,000 had lost one or both parents due to HIV/AIDS. As of
October the government had registered 49,852 children as orphans. Once
registered, the children received clothes, shelter, a monthly food basket worth
between 216 pula (approximately $29)and 350 pula ($44) depending upon location,
and counseling as needed. Some relatives continued to deny inheritance rights
to orphans.
No law specifically
prohibits child abuse. Sex with a child younger than 16 is known as defilement
and is prohibited and punishable by a minimum of 10 years of incarceration. By
September 322 defilement cases were reported to the police. There were
defilement investigations and convictions during the year. Sexual abuse of
students by teachers was a problem, and there were frequent media reports of
rape, sexual assault, incest, and defilement. Deaths from HIV/AIDS orphaned an
increasing number of children. These children were sometimes sexually abused by
the extended family members with whom they lived. The law considers incest a
punishable act only if it occurs between blood relatives.
Discrimination against
persons with HIV/AIDS continued to be a problem, including in the workplace.
The government funded community organizations that ran programs to reduce the
stigma of HIV/AIDS. The Botswana Network on Ethics, Law, and HIV/AIDS continued
to advocate for an HIV employment law to curb discrimination in the workplace.
Brazil
Each state secretariat
for public security operated "delegacias da mulher" (DEAMs), police stations dedicated exclusively to addressing
crimes against women, for a total of 415 countrywide. The quality of services
varied widely, and availability was particularly limited in isolated areas. For
example, the North and Northeast regions, which contained approximately 35
percent of the country's population, possessed only 24 percent of the country's
DEAMs. The stations provided psychological
counseling, temporary shelter, and hospital treatment for victims of domestic
violence and rape (including treatment for HIV and other sexually transmitted
diseases) as well as criminal prosecution assistance by investigating and
forwarding evidence to courts. There were also 123 reference centers and 66
women's shelters.
There were no reported
cases of societal violence or discrimination based on persons with HIV/AIDS
during the year.
Brunei
There were no reports of
societal violence or discrimination based on sexual orientation or against
persons with HIV/AIDS. The law makes it a criminal offense to have "sexual
intercourse against the order of nature." There were no reports of
official discrimination based on sexual orientation in employment, housing,
access to education, or health care.
Bulgaria
Guards' mistreatment of
inmates continued to be a problem. There were also increased reports of fights
and mistreatment among the inmates themselves. Citing financial constraints,
prison authorities acknowledged difficulties diagnosing and treating the
increasing numbers of drug‑dependent inmates and limiting their access to
narcotics. According to the Bulgarian Helsinki Committee (BHC) at least three
prisoners died in 2007 from overdoses. In 2007 the diagnosis of 27 prisoners
with HIV/AIDS posed a new challenge to the prison healthcare system.
According to the Bulgarian
Foundation for Aiding HIV/AIDS Patients, several HIV-positive patients were
denied appropriate medical treatment. The government reported that during 2007,
45 percent of new HIV patients contracted the disease through heterosexual
contact, 33 percent were intravenous drug users, and 18 percent were men having
sex with men. Patients reported hiding the fact that they were HIV positive in
order to receive medical care.
Burkina Faso
Societal discrimination
against homosexuals and persons with HIV/AIDS was a problem. Persons who tested
positive for HIV/AIDS were sometimes shunned by their families, and
HIV/AIDS-positive wives were sometimes evicted from their homes. Some landlords
refused to rent lodgings to persons with HIV/AIDS. However, persons with
HIV/AIDS were generally not discriminated against in employment practices or
the workplace.
Burma
Prison and labor camp
conditions generally were harsh and life threatening. The Department of Prisons
operated approximately 40 prisons and 70 labor camps. Food, clothing, and
medical supplies reportedly were scarce in prisons. There were reports that
authorities in some prisons forced prisoners to pay for food. Bedding often was
inadequate, sometimes consisting of a single mat on the floor. Prisoners were
forced to rely on their families, who were allowed one or two visits per month,
for basic necessities. The government solicited private donations of food,
clothing, and medical supplies as well as books and television sets for
prisoner use but reportedly diverted all donated goods to government officials.
Prisoners were held without being charged for weeks or months, and until a
prisoner was officially charged with a crime, families could not visit or send
critical supplementary food. HIV/AIDS infection rates in prisons reportedly
were high due to communal use of syringes for injections and sexual abuse by
other prisoners.
The government did not dedicate
significant resources to protecting the rights and welfare of children.
Children were at high risk, as deteriorating economic conditions forced
destitute parents to take them out of school to work in factories and teashops
or to beg. Many were placed in orphanages. With few or no skills, increasing
numbers of children worked in the informal economy or in the street, where they
were exposed to drugs, petty crime, risk of arrest,
trafficking for sex and labor exploitation, and HIV/AIDS.
Young women and girls were at
high risk for trafficking for the purpose of sexual exploitation, while both
young men and women were trafficked to East and Southeast Asia and the
HIV-positive patients were
discriminated against, although HIV activists reported that awareness campaigns
helped to reduce discrimination and stigma. However, some persons reportedly
were reluctant to visit clinics that treat HIV/AIDS patients for fear of being
suspected of having the disease.
Burundi
The UN Development Fund for
Women reported that many rapes of minors were committed with the belief that
they would prevent or cure sexually transmitted diseases, including HIV/AIDS.
The law provides for
children's health and welfare, but the government did not meet most of the
needs of children, particularly the large population of children orphaned by
violence since 1993 and by HIV/AIDS.
According to the latest
statistics from UNICEF, 20,000 children under the age of 15 were living with
HIV/AIDS and more than 120,000 children were orphaned by AIDS.
The increasing prevalence
of HIV/AIDS increased the number of orphans. The total number of children
orphaned from all causes was almost 900,000, according to UNICEF.
According to the Ministry
for National Solidarity, Human Rights, and Gender, there were approximately
5,000 street children in the country, many of them HIV/AIDS orphans; however,
the government was unable to provide them with adequate medical and economic
support and relied on NGOs to provide such basic services.
Cambodia
Trafficking victims,
especially those trafficked for sexual exploitation, faced the risk of
contracting sexually transmitted diseases, including HIV/AIDS. In some cases victims
were detained and physically and mentally abused by traffickers, brothel
owners, and clients.
Societal discrimination against
those infected with HIV/AIDS remained a problem in rural areas; however,
discrimination was moderated by HIV/AIDS awareness programs. There was no
official discrimination against those infected with HIV/AIDS.
Cameroon
No mention.
Canada
There were no known
reports of societal violence or discrimination against persons with HIV/AIDS.
The criminal code provides penalties for violence against individuals. Courts
generally interpreted prohibitions against discrimination on the basis of
disability in federal and provincial human rights statutes to include
discrimination against persons with HIV/AIDS.
Cape Verde
There were no reports of
discrimination against persons with HIV/AIDS.
Central African Republic
There were more than
6,000 street children between the ages of five and 18, including 3,000 in
Persons living with HIV/AIDS
were also subject to discrimination and stigma, though less so as NGOs and UN
agencies raised awareness about the disease and available treatments.
Nonetheless, many individuals living with HIV/AIDS did not disclose their
status for fear of social stigma.
Chad
A 2007 law provides for
persons with HIV/AIDS to have the same rights as those without HIV/AIDS and
obligates the government to provide information, education, and access to tests
and treatment for persons with HIV/AIDS; however, societal discrimination
continued to be practiced against those who have HIV/AIDS.
Chile
In isolated instances
prisoners died due to lack of clear prison procedures and insufficient medical
resources. Prison officials reported that there were 63 deaths from preventable
causes during the year, compared with 48 in 2007. As of December 48 inmates had
been killed by other prisoners, and 15 inmates had committed suicide. Prisoners
with HIV/AIDS and mental disabilities allegedly failed to receive adequate
medical attention.
There were no confirmed
cases of societal violence or discrimination based on persons with HIV/AIDS.
China (includes Tibet ,
Hong Kong, and Macau )
On April 3, a
Between January 1 and
December 2, the FCCC reported 178 incidents of harassment compared with 160
cases for all of 2007. On January 24, thugs in
Although prostitution is
illegal, experts estimated that between 1.7 million and 6 million women were
involved in prostitution in the country. According to state-run media, one out
of every five massage parlors in the country was involved in prostitution, with
the percentage higher in cities. In December Xinhua
reported that, according to
Despite provisions in the
new Employment Promotion Law, discrimination against persons with HIV/AIDS and
hepatitis B carriers (including 20 million chronic carriers) remained
widespread in many areas. Persons with HIV/AIDS suffered discrimination, and
local governments sometimes tried to suppress their activities. At the same
time, international involvement in HIV/AIDS prevention, care, and treatment, as
well as central government pressure on local governments to respond
appropriately, brought improvements in some localities. Some hospitals that
previously refused to treat HIV/AIDS patients had active care and treatment
programs because domestic and international training programs improved the
understanding of local healthcare workers and their managers. In
Some NGOs working with
HIV/AIDS patients and their family members continued to report difficulties
with local governments, particularly in
On November 8, the Lhasa Evening News reported that on October 27, the
Prostitution was a growing
problem in Tibetan areas, and hundreds of brothels operated semi-openly in
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
There were no reports of
societal violence or discrimination based on sexual orientation or against
persons with HIV/AIDS.
Colombia
There were no confirmed
reports of discrimination towards persons with HIV/AIDS.
Comoros
There were no reports of
discrimination against persons with HIV/AIDS. Homosexuals did not publicly
discuss their sexual orientation due to societal pressure.
Congo
There were no reports of
societal violence or discrimination based on sexual orientation or persons with
HIV/AIDS.
In July President Kabila promulgated a new law passed by Parliament that
protects persons with HIV/AIDS from discrimination.
Congo
Education was compulsory,
tuition-free, and universal until the age of 16, but families were required to
pay for books, uniforms, and school fees. In the cities approximately 95
percent of primary school-age children attended school,
and in rural areas an estimated 90 percent attended. Schools were overcrowded
and facilities extremely poor. Girls and boys attended primary school in equal
numbers; however, the proportion of girls who continued on to the high school
and university levels was significantly lower. Girls generally quit school by
age 15 or 16. In addition teenage girls often were pressured to exchange sex
for better grades, which resulted in both the spread of HIV/AIDS and unwanted
and unplanned pregnancies.
The constitution
prohibits discrimination based on political, sexual, or religious orientation.
However, the social stigma associated with homosexuality was significant. There
was no open homosexuality in the country. In contrast, persons with HIV/AIDS
were fairly well organized and sought fair treatment, especially regarding
employment. NGOs worked widely on HIV/AIDS issues, including raising public awareness
that those living with HIV/AIDS were still able to contribute to society. The
law provides avenues for wronged persons to file lawsuits if they were, for
example, terminated from employment due to their HIV/AIDS status.
Costa Rica
Medical care at most
facilities generally was adequate for routine illnesses and injuries. However,
prisoners were referred to the social service system for complex medical
issues, such as HIV/AIDS, with consequent treatment delays.
Discrimination based on
HIV/AIDS is prohibited by law and by presidential decree in health care,
employment, and education. The Ombudsman's Office received one complaint of a
breach of patient confidentiality during the year; the claim was dismissed
because it could not be substantiated.
Cote d'Ivoire
The law did not provide
for the protection of persons living with HIV/AIDS from societal and other
forms of discrimination. Societal stigmatization of persons living with
HIV/AIDS was widespread. The Ministry of Health provided nationwide access to
free HIV testing and antiretroviral treatment, and the Ministry of Education
incorporated lesson plans and classroom activities to reduce social stigma and
vulnerability into the curriculum for all students, including students in the
former FN-held zones.
Croatia
The government generally
respected the human rights of its citizens; however, there were problems in
some areas. The judicial system suffered from a case backlog, although courts
somewhat reduced the number of unresolved cases awaiting trial. Intimidation of
some witnesses in domestic war crimes trials remained a problem. The government
made little progress in restituting property nationalized by the Yugoslav
communist regime to non-Roman Catholic religious groups. Societal violence and
discrimination against ethnic minorities, particularly Serbs and Roma, remained
a problem. Violence and discrimination against women continued. Trafficking in
persons, violence and discrimination against homosexuals, and discrimination
against persons with HIV/AIDS were also reported.
Societal
discrimination against persons with HIV/AIDS remained a problem. The Croatian
Association for HIV (HUHIV) reported that there were instances of dentists and
general practitioners refusing to treat HIV-positive patients and that some
hospitals postponed surgeries because doctors were reluctant to operate. If an
HIV patient did not go through the infectious disease hospital, he or she often
waited for treatment, and doctors sometimes delayed surgery indefinitely. There
were allegations that transplant centers refused to put HIV patients on their
list of potential organ recipients.
According to HUHIV
representatives, the lack of public assistance, such as hot lines, for
HIV-positive patients was a problem. According to the UN theme group on
HIV/AIDS, analysis of the laws regarding HIV indicated that they contain
discriminatory provisions. The group cited legal provisions that require
testing under medical supervision for certain professions and in certain cases
involving prisoners and restrictions on HIV-positive persons with regard to
employment. According to the analysis, most cases of discrimination occurred
outside the scope of the law or were due to insufficient enforcement of privacy
laws, lack of consistent adequate medical care, and discrimination in school or
the workplace.
Cuba
Some persons with
HIV/AIDS suffered job discrimination or were rejected by their families. The
government operated four prisons exclusively for HIV/AIDS sufferers; some
inmates were serving sentences for "propagating an epidemic."
Cyprus
An NGO reported complaints of discrimination toward
persons with HIV/AIDS. NGOs were reluctant to initiate awareness campaigns.
There were no reports of
discrimination against persons with HIV/AIDS.
Czech Republic
There were no reports of
discrimination against persons who were HIV‑positive.
Denmark
There were no reports of
societal discrimination against persons with HIV/AIDS.
Djibouti
There was no known
societal violence or discrimination against persons with HIV/AIDS.
Dominica
The DNCW and other
activists believed that there may be some trafficking of women for
prostitution, but acknowledged it was hard to prove as most of the women in the
sex trade were afraid to come forward, fearing deportation. An NGO that
interviewed commercial sex workers as part of an HIV/AIDS awareness campaign
found that most appeared to have entered the country for economic reasons and
began working in prostitution thereafter.
The government and the
Dominica Planned Parenthood Association initiated programs designed to
discourage discrimination against HIV/AIDS-infected persons and others living
with them.
Dominican Republic
Budget allocations for
necessities such as food, medicine, and transportation were insufficient. Most
inmates begged for or purchased food from persons in the vicinity of the prison
or obtained it from family members. Prisoners were often not taken to their
trials unless they paid bribes to the guards, and visitors often had to bribe
prison guards in order to visit prisoners. Similarly, detainees had to pay
bribes to be allowed to attend vocational training offered at some facilities.
Prison officials accepted money in exchange for a recommendation that a
prisoner be furloughed or released for health reasons. There were credible
allegations that prisoners could obtain early release on parole for a bribe.
Prisons often did not provide adequate medical care to inmates. Prisoners
immobilized with HIV/AIDS or who had terminal illnesses were not transferred to
hospitals.
Persons with HIV/AIDS,
particularly women, faced discrimination in the workplace and elsewhere.
According to the UN agency UNAIDS, an estimated 60,000-65,000 persons in the
country were infected with the disease. According to Human Rights Watch and
Amnesty International, workers in many industries faced obligatory HIV testing
in the workplace or when seeking medical care or medical insurance. Workers or
patients found to have the disease could be fired from their jobs or denied
adequate health care. Although the law prohibits the use of HIV testing to
screen employees or for medical services unrelated to the disease, there were
no known instances where this law was enforced, despite reports that official
complaints had been filed.
The International Trade
Union Congress reported an agricultural export company in the north of the
country still refused to recognize a union following a protracted fight
ultimately requiring the workers to seek and receive legal recognition of the
union. According to FEDOTRAZONAS, the company continued its antiunion campaign
and discriminated openly against union members, who were forced to work
overtime and were refused water and transport in and outside the fields.
FEDOTRAZONAS also reported that Haitian workers at the company were being paid
below the minimum wage and that all employees were required to take a blood
test allegedly related to HIV. The Ministry of Labor was investigating these
claims at year's end.
Ecuador
The 2008 constitution
specifically prohibits discrimination directed at persons with HIV/AIDS. There
was no societal violence against persons with HIV/AIDS; however, persons with
HIV/AIDS often preferred to conceal their health condition in order to avoid
social discrimination.
Egypt
During the year human
rights groups and the media documented numerous cases of torture and cruel,
inhuman, or degrading treatment, including against persons alleged to have
HIV/AIDS, lawyers attempting to defend their clients, journalists and bloggers who reported on torture or other controversial
topics, and labor demonstrators.
On February 2 and again
on May 29,
In June the government
removed EIPR from the list of participants for the UN General Assembly High
Level Meeting on HIV and AIDS on June 10 and 11. Domestic and international
NGOs described the incident as "a disturbing escalation of the atmosphere
of harassment and restrictions targeting independent human rights
organizations."
Although the law does not
explicitly criminalize homosexual acts, police targeted homosexuals and persons
with HIV/AIDS, leading to arrests on charges of "debauchery."
Authorities also reportedly forced individuals in detention to undergo HIV
tests and conducted abusive anal examinations. Homosexuals and persons with
HIV/AIDS faced significant social stigma in society and in the workplace.
El Salvador
The law prohibits
discrimination on the basis of HIV status and sexual orientation, although in
practice discrimination was widespread. The homosexual rights group Entre Amigos reported that public and private actors
engaged in violence and discrimination against sexual minorities and persons
with HIV/AIDS, including the government's continued denial of Entre Amigos' application for legal registration. Entre Amigos also reported that throughout the year,
persons vandalized and robbed the group's offices, necessitating that the
organization move locations regularly.
Lack of public
information remained a problem in confronting discrimination against persons
with HIV/AIDS or in assisting persons suffering from HIV/AIDS.
Equatorial Guinea
Conditions in police
station jails and other detention centers (apart from prisons) were harsher and
life threatening. Many detainees were held in these conditions well beyond the
maximum 72 hours stipulated by law, sometimes up to several months. Allegations
of violence among detainees were frequently ignored or even tolerated by
authorities. Holding cells were overcrowded and dirty, and detainees very
rarely had access to medical care, exercise, mattresses, or sleeping
facilities. Diseases such as malaria and HIV/AIDS were serious problems. Food
was usually provided by detainees' families or fellow detainees, and access to
potable water was severely restricted. Most detainees had no access to toilets
and resorted to plastic bottles or plastic bags instead.
The constitution and law
prohibit discrimination based on race, gender, religion, disability, language,
or social status; however, the government did not enforce these provisions
effectively. Nonetheless, numerous public outreach efforts were undertaken to
improve public awareness of the issues associated with violence and
discrimination against women and children, discrimination against ethnic
minorities, and discrimination against those with HIV/AIDS.
Despite frequent public
statements and radio campaigns advocating nondiscrimination toward them,
persons with HIV/AIDS continued to be victims of societal stigmatization, which
led them to keep their illness hidden. The government provided for free
HIV/AIDS testing and treatment, and supported public information campaigns to
increase awareness.
Eritrea
Restrictions continued on the
activities of nongovernmental organizations (NGOs). Female genital mutilation
(FGM) was widespread, and there was societal abuse and discrimination against
women, members of the Kunama ethnic group, homosexuals,
and persons with HIV/AIDS.
Estonia
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Ethiopia
Societal stigma and
discrimination against persons living with or affected by HIV/AIDS continued in
the areas of education, employment, and community integration. Despite the
abundance of anecdotal information, there is no data or statistical information
on the scale of this problem.
Fiji
There was some societal
discrimination against homosexuals and persons with HIV/AIDS, although there
was no systemic discrimination. There were no known cases of violence directed
at homosexuals or persons with HIV/AIDS.
Finland
In August the Rovaniemi District Court sentenced a man to 10 years in
prison for deliberately infecting five women with HIV. The court ordered the
man to pay damages to the victims.
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
France
An inquiry conducted by AIDS
Info Service in 2005 showed that 57.3 percent of HIV positive respondents had experienceddiscrimination. These cases represent 13.9
percent of the discrimination caseload addressed by the HALDE in 2005.
Gabon
Societal stigma and
discrimination against persons living with or affected by HIV/AIDS continued in
the areas of education, employment, and community integration. Despite the
abundance of anecdotal information, there is no data or statistical information
on the scale of this problem.
There was considerable
discrimination against persons with HIV/AIDS. One local NGO worked closely with
the minister of health to combat both the associated stigma and the spread of
the disease.
Gambia
There was evidence of
societal discrimination against persons infected with HIV/AIDS. Stigma and
discrimination hindered disclosure and led to rejection from partners and
relatives. The government took a multisectoral
approach to fighting HIV/AIDS through its national strategic plan, which
provides for care, treatment, and support to persons living with, or affected
by HIV/AIDS, and the protection of the rights of those at risk of infection. In
April 2007 the National AIDS Secretariat collaborated with The Gambia Chamber
of Commerce and Industry to develop a business coalition response to HIV/AIDS
using workplace policies to destigmatize it and allow
workers to feel comfortable seeking information. Public discourse about
HIV/AIDS was ongoing during the year as President Jammeh
continued his controversial herbal treatment program for the virus. Throughout
the year the secretary of state for health urged persons to undergo voluntary
HIV/AIDS counseling and testing.
Georgia
Rape is illegal, but
spousal rape is not specifically addressed by criminal law. Criminal cases of
rape generally could only be initiated following a complaint by the victim. A
first-time offender may be imprisoned for up to seven years; a repeat offender
or perpetrator against multiple victims may receive up to 10 years. If the
victim becomes pregnant, contracts HIV/AIDS, or is subjected to extreme
violence, the sentence may be increased to 15 years or, if the victim is a
minor, up to 20 years. During the year, 100 rape cases were registered, of
which 66 cases were investigated and 22 were sent to court. Observers believed
many instances of rape were unreported due to the social stigma for victims and
because police did not always investigate reports of rape.
The law expressly
prohibits discrimination on the basis of HIV/AIDS status; however, there is no
penalty for violating this prohibition. NGOs reported that social stigma
resulted in individuals avoiding testing or obtaining treatment for fear of
discrimination. Some health care providers, particularly dentists, often
refused to provide services to HIV-positive persons. Individuals often
concealed their HIV-positive status from employers for fear of losing their
jobs.
Germany
There was discrimination
against persons with HIV/AIDS. The government worked with NGOs, religious
groups, and business to educate the public about HIV/AIDS and its prevention.
Ghana
The government generally
respected human rights, but human rights problems continued, including: deaths
resulting from the excessive use of force by police; vigilante violence; harsh
and life-threatening prison conditions; police corruption and impunity; prolonged
pretrial detention; forcible dispersal of demonstrations; corruption in all
branches of government; violence against women and children; female genital
mutilation (FGM); societal discrimination against women, persons with
disabilities, homosexuals, and persons with HIV/AIDS; trafficking in women and
children; ethnic discrimination and politically and ethnically motivated
violence; and child labor, including forced child labor.
Discrimination against
persons with HIV/AIDS was a problem, and the fear of being stigmatized
continued to discourage persons from being tested for HIV infection.
The government and NGOs
subsidized many centers that provided free HIV testing to citizens, although
there were reports that confidentiality was not consistently respected.
Greece
There were no reports of
discrimination against persons with HIV/AIDs.
Grenada
There was no perceptible
discrimination against those with HIV/AIDS, in part because the disease was
widespread in the general population, including women infected by partners
engaging in sex with men and boys, and partly because of societal pressures to
keep one's status quiet. The government encouraged citizens to be tested and to
get treatment. An NGO, GRENCHAP, provided counseling to those affected by
HIV/AIDS. A local business organization urged local companies to educate
themselves and their workers about HIV/AIDS in the workplace and not to
discriminate against employees with the disease.
Guatemala
The law does not
expressly include HIV status among the categories prohibited from
discrimination, and there was social discrimination against persons with
HIV/AIDS.
Guinea
In most prisons, men and
women were held separately, but juveniles generally were held with adults in
prisons outside the capital. Local NGOs reported that male juveniles were held
separately from adult males at
There were no reports of
discrimination towards persons with HIV/AIDS.
Guinea-Bissau
There was no open
discussion of homosexuality and very little concerning HIV/AIDS, and the
government did not address discrimination on either basis. While there was no
reported violence based on sexual orientation or HIV status, subtle
discrimination based on sexual orientation or HIV status did exist.
Guyana
Prostitution is illegal
but present. It continued to receive greater public attention due to the high
incidence of HIV/AIDS among prostitutes.
Violence and
discrimination based on sexual orientation or against persons with HIV/AIDS
were not widely reported.
Haiti
Societal discrimination
occurred against persons with HIV/AIDS, particularly women, but educational programs
sponsored by foreign donors and efforts by HIV/AIDS activists attempted to
change that stigma.
Honduras
The law sets penalties
and defines offenses related to trafficking, including incest, lechery, abuse,
prostitution, pornography, and knowingly infecting someone with HIV/AIDS.
Punishments include fines ranging from 100,000 to 500,000 lempiras
(approximately $5,300 to $26,500) and imprisonment for four to 20 years. The
law was not enforced effectively. Inadequate government funding to combat
trafficking, corruption, and routine dismissal of government employees limited
the government's ability to address trafficking.
There was no reported
societal violence or discrimination against person with HIV/AIDS.
Hungary
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Iceland
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
India
According to the 2006
NHRC report, a large proportion of the deaths in judicial custody were from
natural causes such as tuberculosis and HIV/AIDS, which were aggravated by poor
prison conditions. The NHRC assigned a special rapporteur
to ensure that state prison authorities performed medical checkups on all
inmates. Authorities released no information on the number of such deaths.
While the law states the
legal age of marriage for women is 18 and for men 21, in practice this law was
not followed. According to a 2005 Health Ministry report, half of all women
were married by the age of 15. The report found that 45 percent of women aged
18 to 24, and 32 percent of men aged 18 to 29, married before the legal age.
According to a 2005 report from the Office of the Registrar General of
In December the central
government submitted a report which asserted that legalizing homosexuality
would lead to more cases of HIV/AIDS.
In March 2007 the UN
Development Program released a report on "launda
dancers," young men and boys hired to dance in women's clothing at various
events in
According to the National
AIDS Control Organization (NACO), the government agency responsible for
monitoring HIV/AIDS, there were approximately 2.3 million persons living with
HIV/AIDS in the country, and according to the International Labor Organization
(ILO), 70 percent of persons suffering from HIV/AIDS faced discrimination. HRW
reported that many doctors refused to treat HIV-positive children and that some
schools expelled or segregated them because they or their parents were
HIV-positive. Many orphanages and other residential institutions rejected
HIV-positive children or denied them housing.
NACO, with support from
UNAIDS and the WHO, produced revised AIDS estimates that showed as of December
2007 approximately 2.31 million persons were living with the virus and that HIV
prevalence among adults was around 0.36 percent. Estimates for previous years
(since 2002) have also been revised.
On February 14, an AIDS
victim's body was denied cremation in Kendrapara
district, Orissa, due to fears the smoke from the
funeral pyre would spread the virus.
On August 13, Kerala became the first state to reserve government jobs
for HIV-positive candidates.
On August 14, an
initiative to provide insurance to persons with HIV/AIDS was launched in
Karnataka. The state estimated that 250,000 residents were infected with
HIV/AIDS; however, only 22,000 were registered with the main HIV/AIDS NGO, the
Karnataka Network for Positive People.
In 2006 authorities
denied five HIV-positive children admission to the
Indonesia
Stigma and discrimination
against persons with HIV/AIDS were pervasive. However, the government
encouraged tolerance, took steps to prevent new infections, and provided free
antiretroviral (ART) drugs, although with numerous administrative barriers. The
government position of tolerance was adhered to unevenly at all levels of
society; for example, prevention efforts often were not aggressive for fear of
antagonizing religious conservatives, and in addition to barriers to access to
free ART drugs, potential recipients had to pay medical fees that put the cost
beyond the reach of many.
Iran
In late June security
agents seized brothers Arash and Kamiar
Alaei from their mother's home in
Persons with HIV/AIDS
reportedly faced discrimination in schools and workplaces. The government
supported programs for HIV/AIDS awareness and generally did not interfere with
private HIV/AIDS-related NGOs.
Iraq
No mention.
Ireland
There were no reports of
discrimination against persons with HIV/AIDS.
Israel
Societal
violence and discrimination based on sexual orientation or against persons with
HIV/AIDS existed in isolated cases. The government continued to uphold laws
criminalizing discrimination on the basis of sexual orientation or HIV/AIDS.
The Occupied Territories (Including Areas Subject To The Jurisdiction Of The Palestinian Authority)
The PA Ministry of Health
provided treatment and privacy protections for patients with HIV/AIDS; however,
societal discrimination against affected individuals was high.
Italy
There were no reports of
violence or discrimination against persons with HIV/AIDs.
Jamaica
No laws protect persons
living with HIV/AIDS from discrimination. Human rights NGOs reported severe
stigma and discrimination against this group. The ILO worked with the Ministry
of Labor on a program to reduce the stigma of HIV/AIDS in the workplace and to
assist employers in designing policies for workers with HIV/AIDS. Although
health care facilities were prepared to handle patients with HIV/AIDS, health
care workers often neglected such patients.
Japan
Debt bondage was another means
of control. Before arrival in the country, trafficking victims generally did
not understand the size of the debts they would owe, the amount of time it
would take them to repay the debts, or the conditions of employment to which
they would be subjected upon arrival. Women faced debts of up to 4.5 million
yen (approximately $40,000). In addition, they had to pay their employer for
their living expenses, medical care (when provided by the employer), and other
necessities. "Fines" for misbehavior added to the original debt and
the process that employers used to calculate these debts was not transparent.
Employers also sometimes "resold," or threatened to resell, troublesome
women or women found to be HIV-positive, thereby increasing the victims' debts
and often leading to even worse working conditions.
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Jordan
HIV/AIDS was a largely
taboo subject, and public awareness was limited. Many citizens assumed the
disease was a problem exclusively of foreigners due to government requirements
that foreigners be tested for HIV annually. Foreigners who tested HIV positive
were deported.
Kazakhstan
Prison conditions
remained harsh and facilities did not meet international health standards,
although the government renovated three prisons and two detention facilities
during the year as part of a penitentiary development program. Scarcity of
medical care continued to be a problem. NGOs reported that about half of the
inmate population was in need of professional treatment, especially for
HIV/AIDS, tuberculosis, and other infectious diseases. Mistreatment occurred in
police cells, pretrial detention facilities, and prisons. The government took
steps to address systemic patterns that encouraged prisoner abuse, including
continued operation of and increased access for regional penitentiary oversight
commissions, training of prison officials, and seminars for MIA police. By year's
end, authorities had prosecuted two prison officials for abuses, and they
opened 36 investigations for corruption-related offenses, resulting in 24
convictions.
Although there were no
official statistics on discrimination based on sexual orientation, there were
reports of such discrimination. Representatives of international organizations
reported that negative social attitudes towards marginalized groups, including
homosexuals, impeded these groups' willingness to come forward and,
consequently, hindered their access to HIV/AIDS programs.
The law prohibits
discrimination against persons with HIV and AIDS; however, observers reported
that cultural stigmas against drug users and other at-risk groups continued to
affect general access to information, services, treatment, and care.
Kenya
Child prostitution
increased in recent years due to both poverty and the increase in the number of
children orphaned by HIV/AIDS. Strong growth in the tourism industry also led
to a large increase in foreign and domestic tourists seeking sex with underage
girls and boys. The newspaper Daily Nation reported in 2007 that between
10,000 to 30,000 children engaged in prostitution, mostly in tourist areas.
Poverty and the spread of
HIV/AIDS continued to intensify child homelessness. In 2007 the government
began a pilot program to place two million AIDS orphans with families in 20
districts. In 2007 the program placed 5,000 children in homes. In 2006 the
children's rights NGO, African Network for the Prevention and Protection Against Child Abuse and Neglect, estimated that 750,000
children lived on the streets. Street children faced harassment and physical
and sexual abuse from police and others, and within the juvenile justice
system.
There was societal
discrimination against homosexuals and persons with HIV/AIDS during the year.
The common view of HIV/AIDS as a stigma made it difficult for many families to
acknowledge that a member was HIV-positive, and to date no socially or
politically prominent individual has admitted being HIV-positive. However,
there were fewer reports of violence against persons with HIV/AIDS. During the
year courts awarded legal judgments which recognized discrimination against
persons with HIV. For example, in July a
The Ministry of Defense
arranged for uniformed personnel, their families, and some local persons to
have access to HIV counseling and testing, prevention programs, and
antiretroviral treatment during the year.
The government worked in
cooperation with international donors on programs for HIV/AIDS prevention and
treatment. This cooperation enabled a continued expansion of counseling and
testing as well as care and treatment. During the year, the
number of people with knowledge of their HIV status and those able to achieve
improved health if found to be infected more than doubled. These
developments were seen as key to reducing stigma and discrimination.
Kiribati
Societal discrimination and
violence against persons with HIV/AIDS were not significant problems. A
government-run HIV/AIDS taskforce coordinated outreach and education activities
concerning HIV/AIDS.
Korea
No information was available
regarding discrimination against persons with HIV/AIDS.
Korea
Some observers claimed that
persons with HIV/AIDS suffered from severe societal discrimination and social
stigma. The law ensures the confidentiality of persons with HIV/AIDS and
protects individuals from discrimination. The government supported
rehabilitation programs and shelters run by private groups and subsidized
medical expenses from the initial diagnosis. The government operated a Web site
with HIV/AIDS information and a telephone counseling service.
Kosovo
There were anecdotal reports
of discrimination against persons with HIV/AIDS during the year.
Kuwait
No mention.
Kyrgyz Republic
No mention.
Laos
There was no official
discrimination against persons with HIV/AIDS, but social discrimination
existed. The government actively promoted tolerance of those with HIV/AIDS, and
it conducted awareness campaigns to educate the population and promote
understanding toward such persons.
Latvia
Prison and detention cell
conditions remained poor. The government took no significant measures to
improve prison and detention center conditions following 2007 reports by the
Council of Europe (COE) human rights commissioner, by the COE Committee for the
Prevention of Torture (CPT) on its 2004 periodic visit to the country, and by
the Latvian Center
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Lebanon
There are no
discriminatory laws against persons with HIV/AIDS.
Lesotho
The government generally
respected the human rights of its citizens. However, the following human rights
abuses were reported: torture and physical abuse; poor prison conditions;
lengthy pretrial detention and long trial delays. Societal abuses included
abuse of spouses and children, widespread restrictions on women's rights,
societal discrimination against women and persons with disabilities or
HIV/AIDS, and child labor.
Unlike in previous years,
there were no reports that very young girls were raped as a result of the
belief among some men that intercourse with a virgin could cure HIV infections.
The law provides for the
protection of children; however, limited resources hampered the government's
ability to fully enforce the law. In addition, the rapid rise in the number of
AIDS orphans contributed to child prostitution, child homelessness,
child-headed households, and children at risk of exploitation for labor or
other purposes. The problem of parents getting sick or dying due to HIV/AIDS
continued to be the most troubling issue facing children in the country.
Child abuse was a
problem, especially for children orphaned by HIV/AIDS. According to the Child
and Gender Protection Unit, 309 cases of child abuse were opened during the
year. These cases included child neglect, common assault, sexual assault, and
grievous bodily harm.
According to media
reports, child prostitution was also a problem. Young girls and boys, many of whom
were orphans, moved to urban areas to engage in prostitution. A 2001 UNICEF
assessment concluded that child prostitution in the country was a
poverty-driven phenomenon rather than a commercial activity and that the
financial arrangements were casual and not determined by organized criminal
syndicates. However, UNICEF and the government agreed that while the numbers
remained small, the more recent trend toward commercial prostitution by
children was a growing problem. There were not enough resources within either
the police force or the Department of Social Welfare to address the needs of
children likely to engage in prostitution.
Familial stress, poverty,
the virulent spread of HIV/AIDS, and divorce led to a rise in child
homelessness and abandonment, creating numerous street children, of which
according to UNICEF's latest figures, an estimated 180,000 were orphans and
vulnerable children. Street children were hampered by lack of access to
government services, such as medical care and schooling, and were not informed
about their rights to such services.
There continued to be
media reports that persons with AIDS and their immediate families, including
children orphaned by AIDS, were stigmatized.
The law prohibits
discrimination in the workplace on the basis of HIV/AIDS status.
In 2006 parliament
amended the labor code to include an HIV/AIDS workplace policy. Each government
ministry or department provided subsidized medicine and food to its employees
with HIV/AIDS, and such assistance was available to all citizens at subsidized
prices at all government hospitals.
LDF policy states that if
a soldier is found to be HIV positive after induction, the person is not
retired or separated. The soldier is provided counseling and testing, and
duties are adapted as appropriate.
Children were often
forced by circumstances to take on jobs such as herding and working on the
street, sometimes as sex workers. These children are forced to undertake such
work by the economic situation and the fact that many traditional family support
networks have been decimated by the HIV/AIDS pandemic.
Liberia
There were no reports of
societal violence based on sexual orientation or against persons with HIV/AIDS.
Libya
Ashraf Ahmad Jum'a al-Hajuj, a Palestinian
medical professional who for eight years was held on charges that he
deliberately infected Libyan children with HIV was released in July 2007. In
January he filed suit in
In an August 2007
interview, al-Hajuj provided a detailed account of
these incidents, which included beatings, electric shocks, and injections with
what police officers claimed was the HIV virus.
According to his account, security services first arrested him in January 1999,
forced him to wear a hood, and detained him without clothes in a 12-foot-square
cell for 10 months. For several days he was detained in a room with three dogs,
which police officers ordered to attack him as they attempted to extract a
confession. Police also bent his knees against his chest, tied his hands and
feet around his legs, threaded an iron bar through the rope and spun him around
the bar "like a roasted chicken." For months, police forced him to
sleep hanging from the wall with his hands tied behind his back.
There were no reports of
societal violence or discrimination against persons living with HIV/AIDS.
Liechtenstein
There also were reports
of discrimination against persons with HIV/AIDS.
Lithuania
There were no reports of
discrimination against persons with HIV/AIDs.
Luxembourg
There were no reports of
official or societal discrimination against persons with HIV/AIDS.
Madagascar
Although the national
HIV/AIDS rate was low at approximately 1 percent, there was stigma and
occasional discrimination attached to having HIV/AIDS. In July 2007 the
government adopted a new law protecting HIV/AIDS patients' rights to free and
quality health care and specifying sanctions against persons who discriminate
or marginalize people with the disease. The law was enforced by the ministries
of health and justice and the National Committee for the Fight Against AIDS in
Macedonia
No mention.
Malawi
Prison conditions
remained harsh and life threatening; overcrowding, inadequate nutrition,
substandard sanitation, and poor health facilities remained serious problems.
In 2007 chief commissioner for
Numerous inmates died in
prison each month, largely due to HIV/AIDS, diarrhea, pneumonia, tuberculosis,
and inadequate diet. During the year there were 101 reported deaths in the
prison system, including 52 attributed to HIV/AIDS, 21 to tuberculosis, 20to
pneumonia, two to malaria, and six to diarrhea. In 2007 the Department of
Prisons spokesperson admitted that funding for medicine for HIV/AIDS affected
prisoners was inadequate.
On February 1, HIV
counselor Charles Namphambo was convicted of raping a
19-year-old woman under the pretext of conducting an HIV test. Namphambo was sentenced to four years in prison.
The law provides for a
minimum level of child support, widows' rights, and the right
to maternity leave; however, only individuals who could utilize the
formal legal system benefited from these legal protections. In a few isolated
areas, a widow was sometimes forced to have sex with in‑laws as part of a
culturally‑mandated "sexual cleansing" ritual following the
death of her husband. In some cases, she was "inherited" by a brother‑in‑law
or other male relative. Although there were no laws specifically prohibiting
these practices, the government and civil society continued efforts to abolish
them by raising awareness concerning the inherent dangers of such behavior,
including the risk of HIV/AIDS transmission.
The widespread belief
that children were unlikely to be HIV positive and that sexual intercourse with
virgins can cleanse an individual of sexually transmitted diseases, including
HIV/AIDS, contributed to the sexual exploitation of minors.
A few charitable organizations
attempted to reduce the number of child beggars in urban areas; however, the
problem of street children remained serious as the number of orphans whose
parents died from HIV/AIDS increased. Extended family members normally cared
for such children and other orphans.
Societal discrimination
against persons living with HIV/AIDS was widespread and inhibited access to
treatment; many individuals preferred to keep silent about their health rather
than seek help and risk being ostracized, but campaigns by the government and
NGOs to combat the stigma were having some success. The National AIDS
Commission stated that discrimination was a problem in both the public and
private sector.
Malaysia
The government's response
to HIV/AIDS was generally nondiscriminatory, although stigmatization of AIDS
sufferers was common. On December 18, the deputy prime minister announced
mandatory HIV screening, starting in 2009, for all Muslims prior to being
married. He attributed the need for this screening to the rising rate of HIV
infection among women. According to the government, more than 82,000 HIV/AIDS
cases had been identified since 1986, with over 1,500 new cases identified during
the year.
Maldives
There were no reports of
official or societal discrimination against persons with HIV/AIDS.
Mali
Societal discrimination
against persons with HIV/AIDS occurred.
Malta
There were no reports of
discrimination against persons with HIV/AIDS.
Marshall Islands
There were no accounts of
societal violence based on HIV/AIDS infection. There was some cultural stigma
attached to HIV infection, but non-governmental organizations (NGOs) and the
government conducted campaigns to provide HIV/AIDS education and encourage
testing for the disease.
Mauritania
There was no evidence of
systematic discrimination by either society or the government against persons
with HIV/AIDS; however, taboos and beliefs associated with the disease caused
victims in some areas to face isolation or exclusion. Although the official
HIV-positive rate was estimated at less than 1 percent, it was likely to be
significantly higher because of the stigma related to the disease, the lack of
viable health statistics, and the impression that victims are guilty of
violating Islamic practices.
Mauritius
The government generally
respected the human rights of its citizens; however, the following human rights
problems were reported: security force torture and abuse of suspects and detainees;
prison overcrowding; harassment and intimidation of journalists; official
corruption; violence and discrimination against women; abuse and sexual
exploitation of children; discrimination against persons living with HIV/AIDS;
restrictions on labor rights, antiunion discrimination, forced labor, including
by children, and child labor.
Local human rights NGOs
worked to assist persons with HIV/AIDS, rehabilitate former prisoners, promote
women's rights, and support the lesbian, gay, bisexual, and transgender
community. The government regularly consulted NGOs in formulating policy and
worked in partnership with UN bodies and the local branch of Amnesty
International.
The law protects the
rights of persons living with HIV/AIDS from stigmatization and discrimination;
however, there were reports of discrimination against such persons and their
relatives.
During the year the local
NGO PILS, which deals with HIV/AIDS issues, recorded 210 cases of
discrimination against HIV/AIDS patients, including denial of access to public
health care services. PILS relayed such cases to the Ministry of Health and
Quality of Life, which initiated investigations of the doctors.
On April 12, the
government amended the Immigration and Civil Status Acts to allow foreign
citizens with HIV/AIDS to marry citizens; the law followed a public outcry over
the case of a foreign citizen who was denied permission to marry a citizen due
to her HIV/AIDS status.
Mexico
While homosexuals
experienced a growing social acceptance, the
On September 11 and
September 23, the CNDH issued recommendations against the navy, the Secretariat
of the Navy (SEMAR), and SEDENA for discrimination against military members
with HIV; SEMAR and SEDENA accepted the recommendations.
Micronesia
There were no reports of
societal violence or discrimination against homosexuals or persons with
HIV/AIDS.
Moldova
Several NGOs reported
instances of discrimination against persons with HIV/AIDS, particularly in
rural villages.
Monaco
There were no reports of
violence or discrimination based on sexual orientation or against persons with
HIV/AIDS.
Mongolia
There was no official
discrimination against those with HIV/AIDS; however, some societal
discrimination existed.
Montenegro
There were no reports of
violence or discrimination against persons with HIV/AIDs.
The health minister stated on December 1 that there were approximately 390 HIV
positive persons in the country.
Morocco
The few people living
with HIV/AIDS in the country faced discrimination and had limited treatment
options.
Mozambique
Societal problems including
domestic violence, discrimination against women, abuse, exploitation, and
forced labor of children, trafficking in women and children, and discrimination
against persons with HIV/AIDS remained widespread.
There continued to be
many reported deaths in prison, the vast majority due to illness and disease.
For example, in May the director of the Chimoio
Agricultural Penitentiary reported that in the first four months of the year, 22
inmates had died, mostly due to malaria, HIV/AIDS, and tuberculosis (TB). In
many facilities, overcrowding, lack of sanitation, potable water, and food also
led to sickness.
In a series of prison
visits conducted during the year, the LDH found malaria, TB, and HIV/AIDS to be
commonplace among prisoners in nearly all prisons. LDH also found other
illnesses caused by malnutrition, including paralysis and blindness. Both
healthy and sick prisoners regularly were kept in the same cells.
The constitution and law
prohibit discrimination based on race, gender, disability, language, or social
status, but in practice discrimination persisted against women, persons with
disabilities, and persons with HIV/AIDS.
Kukuyana, a national network of women living with HIV/AIDS, reported that many
women were expelled from their homes and/or abandoned by their husbands and
relatives because they were HIV positive. It also reported that some women who
were widowed by HIV/AIDS were accused of being witches who purposely killed their
husbands to acquire belongings, and in retribution were deprived of all
possessions.
The government took steps to
address the problems facing HIV/AIDS orphans. In June the government estimated
the country had 430,000 orphans who had lost either one or both parents to
HIV/AIDS, and a study released during the year by UNICEF estimated that this
number could reach 650,000 by 2010. Several government agencies, including the
Ministry of Health and the Ministry of Women and Social Action, implemented
programs to provide health assistance and vocational education for HIV/AIDS
orphans.
The law prohibits
discrimination of workers on the basis of HIV/AIDS status, and the Ministry of
Labor generally intervened in cases of perceived discrimination by employers.
In July the Ministry of Labor reported receiving more than 100 cases annually
of workers being dismissed by their employers for having HIV/AIDS. Often,
workers were obligated by the employer to take HIV/AIDS tests. In response to
these violations, the ministry registered the complaints and confronted
companies responsible for dismissals.
Although the law prohibits
forced and bonded labor by children, it was considered to be a common problem,
especially in rural areas. Many children in rural areas were forced to work,
particularly in commercial agriculture, as domestics, as well as to engage in
prostitution. The major factors contributing to the worst forms of child labor
were chronic family poverty, lack of employment for adults, breakdown of family
support mechanisms, the changing economic environment, lack
of educational opportunities, gender inequality, and the impact of HIV/AIDS.
Children, including those under the age of 15, commonly worked on family farms
in seasonal harvests or on commercial plantations, where they picked cotton or
tea leaves and were paid on a piecework basis.
Namibia
According to the UNHCR,
approximately 6,400 refugees resided in Osire Refugee
Camp, and another 1,300 lived outside the camp among the general population.
Approximately 5,600 of the refugees were from
Child prostitution
occurred, generally without third-party involvement, and primarily as a means
of survival among HIV/AIDS orphans and other vulnerable children. The growing
number of HIV/AIDS orphans increased the vulnerability of children to sexual
abuse and exploitation.
During the year the
government took several steps to provide medical care and other assistance to
approximately 250,000 HIV/AIDS orphans and vulnerable children. For example,
the government reduced or eliminated school fees and provided social grants for
such children.
There were no reports of
discrimination against workers because of their HIV/AIDS status, although
high-level officials conceded that societal discrimination against and
stigmatization of persons living with HIV/AIDS was a problem. The government
supported the work of the Namibia Business Coalition against HIV/AIDS.
The government has
introduced several programs aimed at supporting children to stay in school and
away from the labor market. The Ministry of Gender Equality and Child Welfare
and the Ministry of Health and Social Services coordinated welfare programs for
orphans, including those affected by HIV/AIDS, by providing grants and
scholarships to keep them in school. Additionally, the government collaborated
with the Namibia Agricultural Union and the Namibia Farm Workers Union to
eliminate child labor through awareness campaigns. The government also
continued to work with NGOs such as Project Hope to assist the victims of child
labor.
Nauru
There were no reports of
violence or discrimination against persons with HIV/AIDS.
Nepal
During the year Maiti
Netherlands
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
New Zealand
The law also prohibits
violence or discrimination against persons with HIV/AIDS. From January 1 to
December 23, the HRC received four complaints relating to HIV/AIDS. There were
no reports of violence against persons with HIV/AIDS.
Nicaragua
The law prohibits
discrimination on the basis of race, gender, disability, language, or social
status. In practice the government often did not enforce these legal
protections, and aggrieved persons filed few discrimination suits or formal
complaints. There were reports of societal abuses and discrimination against
persons of Afro-Caribbean descent, indigenous communities, homosexuals, and
persons with HIV/AIDS.
The law provides specific
protections for persons with HIV/AIDS against employment and health services
discrimination. However, persons with HIV/AIDS continued to suffer societal
discrimination based on their alleged HIV/AIDS or sexual orientation status.
Several NGOs worked to educate communities regarding HIV/AIDS discrimination.
Communities often stigmatized persons with HIV/AIDS, and there was a general
lack of awareness and education among the public and health care professionals
regarding prevention, treatment, and transmission of HIV/AIDS.
On June 30, the Public
Ministry announced that it was bringing charges against health care
professionals Martha Zuniga Trujillo, Amelia Membreno,
and Meyling Castro Ubeda
for allegedly misdiagnosing Maria Josefa Rivera
Castro as having AIDS in 2001 and publicizing that mistaken diagnosis. At
year's end a judge was reviewing the case.
Niger
Persons with HIV/AIDS
experienced social discrimination. There were strong government efforts to
discourage such discrimination. The government continued its antidiscrimination
campaign in conjunction with several other organizations working on HIV/AIDS
issues.
Nigeria
Disease was pervasive in
the cramped, poorly ventilated facilities, and chronic shortages of medical
supplies were reported. HIV/AIDS and tuberculosis were of particular concern.
Only those with money or whose relatives brought food regularly had sufficient
food; prison officials routinely stole money provided for food for prisoners.
Poor inmates often relied on handouts from others to survive. Beds or
mattresses were not provided to many inmates, forcing them to sleep on concrete
floors, often without a blanket. Prison officials, police, and other security
forces often denied inmates food and medical treatment as punishment or to
extort money. The International Committee of the Red Cross (ICRC) continued to
provide health and hygiene items to prisoners during the year.
Many children were
homeless and lived on the streets. There were no known statistics on their
numbers. Major factors that caused children to turn to the streets included
instability in the home, poverty, hunger, abuse and violence by parents, and
displacement caused by clashes in the community. HIV/AIDS also greatly
increased the numbers of orphaned street children.
There was widespread
discrimination against persons living with HIV/AIDS, which the public
considered a disease resulting from immoral behavior. Persons living with
HIV/AIDS often lost their jobs or were denied health care services. Public
education campaigns were implemented to reduce stigma and change perceptions of
the disease.
In September the Bauchi State Agency for the Control of HIV/AIDS,
Tuberculosis, Leprosy, and Malaria announced an initiative to pair up
HIV-positive couples for marriage in an attempt to reduce the spread of the
disease. The couples were introduced during counseling sessions and had the
right to say yes or no to a partner suggestion. By year's end more than 70 HIV
positive couples were matched and married. UNAIDS voiced concern over the plan
due to the increased risk of passing the virus on to any children born and the
possibility of leaving the children orphaned.
Norway
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Oman
There were no reports of
discrimination against persons with HIV/AIDS.
Pakistan
According to the
government’s National Aids Control Program (NACP), there was no observed
discrimination based on HIV/AIDS status observed in the government service.
Societal attitudes toward HIV-positive individuals are changing slowly, but
social discrimination lingers.
The NACP reported there
were approximately 90,000 HIV-positive individuals in the country, and
approximately 50 percent of those lived in
In cooperation with
donors and the UN, the government established the NACP, which managed a
campaign to educate its citizens about AIDS. NACP held rallies and public
campaigns, and spoke in mosques about birth control and AIDS awareness.
Palau
There were no reports of
cases of violence or discrimination based on sexual orientation or against
persons with HIV/AIDS.
Panama
Prison authorities
provided inadequate medical care. HIV/AIDS, tuberculosis, hepatitis B, and
other communicable diseases were common among the prison population. Through
early September, 25 prisoners died of such causes as AIDS, stabbing, and
cardiac arrest. During the year only 15 physicians served the prison system;
they provided medical attention during limited morning hours. In February a
60-bed clinic opened at La Joyita.
The law prohibits
discrimination against persons with HIV/AIDS in employment and education, but
discrimination continued to be common due to ignorance of the law and a lack of
mechanisms for ensuring compliance. The Ministry of Health and Social Security
provided treatment for HIV/AIDS.
Papua New Guinea
There were no reports of
government discrimination against persons with HIV/AIDS; however, there was a
strong societal stigma attached to HIV/AIDS infection that prevented some
individuals from seeking HIV/AIDS related services, and there were reports that
companies dismissed HIV positive employees after learning of their condition.
Paraguay
CODEHUPY noted that
individuals with HIV/AIDS faced discrimination in health care, education, and
employment, as well as social intimidation.
Peru
Prison conditions were
harsh. The National Penitentiary Institute (INPE) operated 56 of the country's
85 prisons, and the National Police (PNP) has jurisdiction over the rest.
Prisoners with money had access to cellular telephones, illicit drugs, and
meals prepared outside the prison. Conditions were poor to extremely harsh in
facilities for prisoners who lacked funds. Overcrowding, poor sanitation, and
inadequate nutrition and health care were serious problems. Inmates had
intermittent access to running water, bathing facilities were inadequate,
kitchen facilities were unhygienic, and prisoners slept in hallways and common
areas for lack of cell space. Prisoners had access to illegal drugs, and
tuberculosis and HIV/AIDS were reportedly at near-epidemic levels. Authorities
at the San Juan de Lurigancho men's prison held
10,230 prisoners in a facility designed for 1,500. On December 10, INPE opened
a new women's prison, Tarapaca, which reduced
substantially overcrowding at the
Homosexuals and persons
with HIV/AIDS faced extensive discrimination and harassment. The Ministry of
the Interior Handbook of Human Rights Applied to the Civil Police stipulates
that police must respect human rights, especially of the most vulnerable
groups, and refers explicitly to the human rights of lesbians, gays, and
transvestites. The Ministry of Health (MINSA) implemented policies to combat
discrimination based on sexual orientation.
MINSA executed policies
to combat discrimination based on HIV/AIDS status, including a four-year strategic
plan to prevent and control HIV/AIDS. On December 1, as part of "World Day
to Combat AIDS," MINSA and the Office of the Multinational Coordinator of
Health gave free antiretroviral treatment to 12,500 persons with HIV/AIDS.
Philippines
The law prohibits all
forms of discrimination against persons with HIV/AIDS and provides basic health
and social services for these persons. However, there was some evidence of
discrimination against HIV/AIDS patients in the provision of health care,
housing, and insurance services. The rate of HIV/AIDS remained low, although
the rate of infection was believed to be underreported. Overseas workers were
required to participate in an HIV/AIDS class as part of a predeparture
orientation seminar.
Poland
There
were some reports of discrimination against persons with HIV/AIDS.
According to the Government AIDS Center
Portugal
According to a 2007 university
study, "Drugs and Portuguese Prisons," approximately 10 percent of
the total prison population was infected with HIV/AIDS and approximately 15
percent was infected with hepatitis C.
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Qatar
There was discrimination
against HIV patients. HIV-positive foreigners, whose condition was typically
diagnosed during their medical examinations upon arriving in the country, were
deported. HIV-positive citizens were quarantined and received treatment.
Romania
There were continued reports
of violence and discrimination against women as well as significant lapses in
the protection of children's rights. Persons were trafficked for sexual
exploitation and also for labor and forced begging. The neglect of and
inadequate assistance for persons with disabilities was a problem. While there
were no confirmed reports of societal violence against Roma this year,
extensive discrimination against Roma continued to be a problem. Homosexuals
continued to suffer societal discrimination. Discrimination against persons
with HIV/AIDS, particularly children, was a serious problem.
APADOR‑CH reported that
prison meals did not provide the minimum necessary calories, water at some
prisons was unsuitable for drinking, and access to health care was limited by a
lack of doctors. According to an order issued by the National Authority of
Penitentiaries, effective July 2007, prison doctors were authorized to treat
only prisoners and not the prison staff and their families. APADOR-CH, ACCEPT,
and the Center for Legal Resources (CRJ) also stated that daily activities,
work opportunities, and educational programs continued to be insufficient. The
government continued some efforts, including partnerships with NGOs, to
alleviate harsh conditions and deter the spread of HIV and tuberculosis.
Authorities rarely enforced
laws prohibiting discrimination against persons with HIV. Discrimination
against persons with HIV/AIDS impeded access to routine medical and dental
care. Breaches of confidentiality involving individuals' HIV status were common
and rarely punished.
A 2006 Human Rights Watch
(HRW) report noted widespread discrimination faced by children with HIV/AIDS
and authorities' failure to protect them from discrimination, abuse, and
neglect. According to the report, fewer than 60 percent of children and youths with
HIV/AIDS attended school. Doctors often refused to treat children and youths
with HIV/AIDS. Medical personnel, school officials, and government employees
did not maintain confidentiality of information about the children, which
caused the children and families to be denied services such as schooling. In
some situations children and their parents were threatened by parents of other
children to keep them out of school. There were also reports that children
without any mental disability were placed in centers for children with mental
disabilities because they were HIV‑positive.
Over half of HIV‑infected
adolescents were sexually active; they frequently experienced reduced access to
facilities for reproductive health care and the prevention of HIV and sexually
transmitted infections. The 2006 HRW report found that although the country
provides universal access to antiretroviral therapy, stigma and discrimination
against persons with HIV/AIDS frequently impeded their access to education,
medical care, government services, and employment. The government lacked a
strategy to manage the transition of HIV‑positive children living in
institutions or foster care after they turned 18. Fewer than 60 percent of HIV‑positive
children and adolescents attended some form of schooling.
During the year the government
cooperated with international organizations to implement a national AIDS
strategy by conducting conferences and disseminating brochures to raise public
awareness of the disease.
Russia
In May, following a
public outcry and the intervention of the human rights ombudsman, Ministry of
Justice's Federal Service for the Execution of Sentences (FSIN) prison
authorities moved former Yukos Oil Company vice
president Vasiliy Aleksanyan,
who was HIV positive and diagnosed with lymphoma cancer, to a hospital. After a
lengthy campaign by human rights activists to secure his release, in December
the ECHR ruled that the country had violated Aleksanyan's
rights and that he must be freed on bail. Aleksanyan
was accordingly freed on bail of 50 million rubles ($1,373,513). Some
commentators found the sum to be excessive, and others criticized the long wait
for his release, noting that upon release he was too weak to move.
In past years official
statistics recorded several thousand prisoners dying in SIZOs,
and in November 2007 the FSIN reported that during the period 2001-07 the
mortality rate decreased by 3.8 times. However, official statistics were not
available during the year. While most died as a result of poor sanitary
conditions or lack of medical care, the press reported that individuals were
mistreated, injured, or killed in various SIZOs. Some
of the cases reported in past years suggested habitual abuse by officers.
Inmates in the prison system often suffered from inadequate medical care, and
the numbers of inmates infected with tuberculosis (TB) and HIV increased.
According to FSIN data, as of November 2007, approximately 400,000 inmates had
mental disorders, 43,000 had active TB, and 42,000 had HIV. TB infection rates
were far higher in detention facilities than in the population at large.
There were no
developments in the 2006 kidnappings of Yelena Yersenoyeva, the widow of Chechen terrorist Shamil Basayev and a journalist
and HIV/AIDS activist in Groznyy, and her mother.
Government human rights
institutions challenged local government activities, promoted the concept of
human rights, and intervened in selected abuse complaints. Human Rights
Ombudsman
Persons with HIV/AIDS
often encountered discrimination. Federal AIDS law contains antidiscrimination
provisions but was frequently not enforced. HRW reported that HIV-positive
mothers and their children faced discrimination in accessing healthcare,
employment, and education. Persons with HIV/AIDS found themselves alienated
from their families, employers, and medical service providers. In 2006, the
Rwanda
There were a number of
deaths in prison during the year, largely the result of preventable diseases
and suspected cases of HIV/AIDS. The government operated HIV/AIDS counseling
and treatment programs in five of the country's prisons, and prison deaths from
preventable disease and other causes had stabilized at rates approximately
similar to those found in the general population.
Due to the genocide and
deaths from HIV/AIDS, there were numerous households headed by children, some
of whom resorted to prostitution to survive.
The country was a source
for small numbers of women and children trafficked for sexual exploitation,
domestic labor, and soldiering. The largest trafficking problem was underage
prostitution; small numbers of impoverished girls, typically between the ages
of 14 and 18, used prostitution as a means of survival, and some were exploited
by loosely organized prostitution networks. Due to the genocide and deaths from
HIV/AIDS, numerous children headed households, and some of these children
resorted to prostitution or may have been trafficked into domestic servitude.
While police reportedly conducted regular operations against prostitution, no
statistics were available on prosecutions of those who utilized or exploited
children in prostitution.
Discrimination against persons
living with HIV/AIDS occurred, although such incidents continued to decrease.
The government actively supported public education campaigns on the issue,
including the establishment of HIV/AIDS awareness clubs in secondary schools
and making public pronouncements against the stigmatization of the disease.
Members of the military with HIV/AIDS are not permitted to participate in
peacekeeping missions abroad, but remain in the military.
Saint Kitts and Nevis
Although no statistics
were available, anecdotal evidence suggested that societal discrimination
against persons with HIV/AIDS occurred.
Saint Lucia
There was widespread
stigma and discrimination against persons infected with HIV/AIDS, although the
government implemented several programs to address this issue, including a
five-year program to combat HIV/AIDS. The UN Population Fund also provided
support for youth-oriented HIV/AIDS prevention programs. An HIV-positive woman
who worked for the government quit in protest over demeaning conditions in the
workplace after her supervisor mandated that she use the restroom at specific
times only, after which staff would clean the restroom.
Saint Vincent and the Grenadines
The SVGHRA reported that
prison problems such as endemic violence, understaffing, underpaid guards,
uncontrolled weapons and drugs, increasing incidence of HIV/AIDS, and
unhygienic conditions persisted. Corrupt prison staff commonly served as a
source of drugs, weapons, and cell phones. The SVGHRA also alleged that guards
routinely beat prisoners to extract information regarding escapes, violence,
and crime committed in the prison.
Although no statistics
were available, anecdotal evidence suggested there was some societal
discrimination against homosexuals and persons with HIV/AIDS.
Samoa
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
San Marino
There were no reports of
discrimination against persons with HIV/AIDS.
Sao Tome and Principe
Persons with HIV/AIDS
were often rejected by their communities and shunned by their families.
However, there were no reports that workers were discriminated against due to
their HIV/AIDS status. As in the previous year, there were a number of
government-sponsored workshops and awareness campaigns to reduce such
instances. The government also provided free AIDS testing and distributed antiretroviral
drugs to all recognized patients.
Saudi Arabia
According to the Basic
Law, the media's role is to educate the masses and promote national unity.
Media outlets can legally be banned or publication temporarily halted if they
are deemed to promote "mischief and discord, compromise the security of
the state and its public image," or if it "offends a man's dignity
and rights." The government continued to restrict freedom of speech and
press by interrupting publication and dissemination of news sources critical of
the royal family or of Islam. Authorities prevented or delayed distribution of
foreign print media, effectively censoring these media and publications. During
the year media discussions took place that tested the boundaries of permissible
topics for media coverage, including political and social reforms, actions of
government ministries, domestic and child abuse, rights of women and human
rights, corruption, drug and alcohol abuse, crime rates and violence,
trafficking in persons, HIV/AIDS, and the religious police.
There was no overt
discrimination against persons with HIV/AIDS, although the disease is treated
as a social taboo. Press reports indicated the disease was found in noncitizens. By law foreign workers were required to
provide a health certification proving they did not have HIV/AIDS before
entering the country.
Senegal
As a result of both
government and NGO HIV/AIDS awareness campaigns, persons with HIV or AIDS were
increasingly accepted in society.
On December 19, police
raided the home of Diadji Diouf,
the director of AIDES
Serbia
According to media reports, in
2007 nine prisoners committed suicide, 67 inmates attempted suicide, and 215
prisoners physically injured themselves as a sign of protest. There were 352
hunger strikes, and the incidence of infectious diseases and addiction
increased. Prison authorities registered 6,580 substance abusers, 27 HIV
positive inmates, and 1,931 cases of hepatitis B and C.
NGOs reported acts of
discrimination against persons with HIV/AIDS, including job loss and harassment
from neighbors. NGOs and some health workers also reported that some medical
workers discriminated against persons with HIV/AIDS. In 2007 the NGO Sunce stated that fear of discrimination prevented many
persons from seeking testing, and, as a result, the actual number of
HIV-positive persons in the country was as much as ten times greater than the 2,088
reported HIV cases. Health Ministry research on groups at risk from contracting
HIV indicated that there was a need to adopt a code to regulate treatment of
individuals with HIV/AIDS.
Seychelles
There were no reports of
discrimination against persons with HIV/AIDS.
Sierra Leone
The law prohibits
discrimination based on actual, perceived, or suspected HIV status; however,
persons with HIV/AIDS were stigmatized in society. There was no official
discrimination against HIV/AIDS positive persons.
Singapore
Some individuals with
HIV/AIDS claimed that they were socially marginalized and faced employment
discrimination if they revealed they were suffering from the disease. The
government discouraged discrimination, supported initiatives that countered
misperceptions about HIV/AIDS, and publicly praised employers that welcomed
workers with HIV/AIDS.
Slovak Republic
There were no reports of
discrimination against persons with HIV/AIDS.
Slovenia
There were no reports of
societal violence or discrimination against persons with HIV/AIDS.
Solomon Islands
While there were fewer
than 200 confirmed HIV/AIDS cases, there were reports that HIV-positive
individuals were often disowned by their families.
Somalia
Prison conditions
remained harsh and life threatening in all regions of the country. The main
Laws prohibiting rape
exist; however, they were not enforced. There were no laws against spousal
rape. There were no reports that rape cases were prosecuted during the year.
NGOs documented patterns of rape perpetrated with impunity, particularly of
women displaced from their homes due to civil conflict or who were members of
minority clans. Police and militia members engaged in rape, and rape was
commonly practiced in interclan conflicts.
Traditional approaches to dealing with rape tended to ignore the victim's
situation and instead communalized the resolution or compensation for rape
through a negotiation between members of the perpetrator's and the victim's
clans. Victims suffered from subsequent discrimination based on attributions of
"impurity." Women and girls in IDP camps were especially vulnerable
to sexual violence, contributing to the spread of HIV/AIDS. In March the UNIE
reported that in
Persons with HIV/AIDS
continued to face discrimination and abuse in their local communities, and by
employers in all parts of the country. UNICEF reported that persons with
HIV/AIDS were subjected to physical abuse, rejected by their families, and
subjected to workplace discrimination and dismissal. Children whose parent(s)
were HIV-positive also suffered discrimination, which hindered prevention
efforts and access to services.
South Africa
The majority of the 237
operational prisons did not meet international standards, and prison conditions
did not always meet the country's minimum legal requirements. According to the
latest Judicial Inspectorate of Prisons (JIP) report for the period from April
2007, through March 31, 2008, there were 165,987 prisoners in facilities
designed to hold 114,559. Of these, 6,615 inmates were foreign nationals,
primarily from
A 2008 Department of
Correctional Services (DCS) study on HIV/AIDS indicated 19.8 percent of
sentenced prisoners between the ages of 15 and 49 were HIV-positive. However,
NGOs working on HIV/AIDS in prisons believed that the percentage of
HIV-positive prisoners was higher than that of the general population's 25
percent. The DCS had 16 centers dispensing antiretroviral (ARV) therapy to
approximately 3,500 sentenced prisoners during the year.
According to the 2007-08
JIP report, there were 1,498 complaints of assault by inmates on inmates and
1,004 complaints of assault by staff on inmates. There were several reports of
physical and sexual abuse by both prison officials and prisoners. Some
detainees awaiting trial reportedly contracted HIV/AIDS through rape.
There continued to be
reports of rape, sexual abuse, sexual harassment, and assaults of girls at
school by teachers, students, and other persons in the school community. The
law requires schools to disclose sexual abuse to the authorities; however,
administrators often concealed sexual violence or delayed disciplinary action.
The level of sexual violence in schools also increased the risk for girls of
contracting HIV/AIDS or other sexually transmitted diseases, as well as
unwanted pregnancies.
HIV/AIDS activists,
physicians, and opposition parties continued to criticize the government for
failing to provide ARV therapy to all pregnant and breastfeeding women and
thereby protect young children from HIV/AIDS transmission. In March the
government issued new guidelines, consistent with those of the World Health
Organization, to provide dual therapy, instead of nevirapine
alone, to HIV-positive women nationwide to prevent mother-to-child HIV
transmission; however, the new program reached only an estimated 30 percent of
targeted women during the year. The government expanded the number of prenatal
clinics but was not able to keep up with the rapidly growing number of children
affected by HIV/AIDS, including both infected children and AIDS orphans.
The high incidence of
HIV/AIDS resulted in an increase in the number of child-headed households.
These children sometimes turned to prostitution to support themselves and their
siblings. Other children have been trafficked and forced into prostitution.
NGOs provided shelter and medical and legal assistance for children in
prostitution and a hotline for victims of child abuse. The government donated
land and buildings for shelters for such children, as well as other victims of
sexual abuse, street children, and orphans.
AIDS activists alleged
that children in prostitution were often highly sought after because of the
widely held belief that sex with a virgin provided a cure for HIV/AIDS. SAPS
officials, however, said that under questioning perpetrators usually admitted
they knew this claim was false.
Despite outreach programs
to discourage the practice, ritual circumcision of males, including children,
usually by medically unqualified practitioners, was still a prevalent
initiation tradition in various areas. Circumcision was considered a
precondition for adult status, enabling marriage, inheritance, and other
societal privileges. The House of Traditional Leaders attempted to address
unsafe initiation practices and designed strategies to prevent deaths and the
spread of diseases, such as HIV/AIDS. However, discussing the practice was
taboo in many communities where it was considered a matter for chiefs to
decide, and some traditional leaders spoke out against state interference.
With availability of
life-saving ARV treatments, civil society activities such as the Treatment Action
Campaign, and government campaigns to reduce discrimination against persons
with HIV/AIDS, the social stigma associated with HIV/AIDS began to decline but
remained a general problem.
In May the soldiers'
South African Security Force Union (SASFU) sued the SANDF for allegedly
discriminatory HIV/AIDS policies. On May 17, the
The HIV/AIDS epidemic
contributed to the number of households headed by children who supported
themselves and often younger siblings. However, in its
2007-08 Child Gauge Report, the Children's Institute at the
Spain
There were no reports of major
societal violence or discrimination against persons with HIV/AIDS.
Sri Lanka
There was no official
discrimination against those who provided HIV prevention services or against
high‑risk groups likely to spread HIV/AIDS, although there was societal
discrimination against these groups.
Sudan
There were no reports of
societal violence or discrimination based on HIV/AIDS status.
Suriname
The law prohibits
discrimination based on race and ethnicity but does not address discrimination
based on disability, language, or social status. While the law does not
specifically prohibit gender discrimination, it provides for protection of
women's rights to equal access to education, employment, and property. In
practice various sectors of the population, such as women, Maroons,
Amerindians, persons with HIV/AIDS, and homosexuals, suffered various forms of
discrimination.
Trafficking and
commercial sexual exploitation of minors remained a problem. According to the Mamio Namen Project Foundation,
an NGO working to assist HIV infected persons, increased sex tourism led to
continued sexual exploitation of children, with a marked increase in the
exploitation of young boys. Two NGOs provided shelters for homeless boys.
Persons with HIV/AIDS
continued to experience societal discrimination in employment and medical
services. An NGO working with HIV infected persons reported that law
enforcement agencies and the fire department conducted HIV testing as part of
their hiring procedures.
The Ministry of Health
continued its efforts to prevent mother to child transmission of HIV/AIDS,
through a comprehensive outreach program involving local health care providers,
which achieved its goal of voluntary testing of 90 percent of expectant
mothers. The military continued its ongoing HIV/AIDS awareness program among
troops.
Swaziland
Rape and consensual sex
between prisoners contributed to the spread of HIV/AIDS, although prevention
programs have been introduced in correctional facilities. There are medical
clinics in correctional facilities, and prisoners are offered free HIV/AIDS
testing, counseling, and antiretroviral treatment.
The constitution states
that "a woman shall not be compelled to undergo or uphold any custom to
which she is in conscience opposed"; however, traditional family practices
may treat a woman as an outcast if she refuses to undergo the mourning rite.
When the husband dies, his widow must remain in strict mourning for one month,
during which time she cannot leave the house, and the husband's family can move
into the homestead and take control of its operations. In some cases the
mourning period can last for years. During the year the media reported that
widows and children heading households sometimes became homeless as a result of
the custom and were forced to seek public assistance, a development exacerbated
by the country's high rate of HIV/AIDS. The 2006-07 Demographic and Health
Survey found that 6 percent of women between 15 and 49 years of age were
widows, half of whom had been dispossessed of property.
Child abuse, including
rape of children and incest, was a serious problem, but the crime was rarely
reported, perpetrators of abuse were seldom punished, and penalties seldom
matched the crime. Many children became HIV positive as a result of rape. A
study released by the UN Children's Fund (UNICEF) in April found that one in
three women in the country has suffered some form of sexual abuse as a child
and that one in four experienced physical violence. Most sexual assaults of
girls occurred at home, and less than half of sexual assaults were reported.
Disabled children, children out of school, and orphans were at particular risk.
Punishment for child abuse was minimal, and even the
perpetrators of abuse that resulted in death were generally fined no
more than 200 emalangeni ($21).
The legal age of marriage
is 18 for both men and women. However, with parental consent and approval from
the minister of justice, girls can marry at age 16. The government recognized
two types of marriage: civil marriage and marriage under law and custom.
Traditional marriages under law and custom can be with girls as young as 14.
Critics of the royal family said the king's many wives and young fiancees, some of whom were 16 years old, set a poor
example in a country with an HIV/AIDS prevalence at
33.4 percent among persons between 15 and 49 years of age.
The law prohibits
prostitution and child pornography, provides protection to children less than
16 years of age from sexual exploitation, and sets the age of sexual consent at
16 years. There were reports that girls worked as prostitutes, including
vulnerable children orphaned by HIV/AIDS and street children.
There were growing
numbers of street children in
With more than 10 percent
of households headed by children, UNICEF supported school feeding programs,
established a number of neighborhood care points, and provided nutritional
support to children weakened by AIDS.
There was a social stigma
associated with being HIV positive, which discouraged persons from being
tested, despite public relations campaigns to promote testing. Nevertheless,
there were often long lines of persons waiting to be tested during prevention
campaigns, especially among the young. The military encouraged testing and did
not discriminate against those testing positive.
Sweden
There were no reports of
discrimination against persons with HIV/AIDS.
Switzerland
There were occasional
reports of discrimination against persons with HIV/AIDS. On World Aids Day, the
Swiss Aids Federation launched a new awareness campaign to combat prejudices
and workplace discrimination against persons with HIV/AIDS.
Syria
There were no reports of
violence or discrimination against persons with HIV/AIDS. However, there was a
belief among human rights activists that the extent of the problem was widely
underreported.
Taiwan
There were no laws prohibiting
homosexual activities. According to homosexual rights activists, antihomosexual violence was rare, but societal
discrimination against homosexuals and persons with HIV and AIDS was a problem.
An amendment of the AIDS Prevention and Control Act allows foreign spouses
infected with HIV to remain in
Tajikistan
During the year detainees
and inmates complained of harsh and life-threatening conditions, including
overcrowding and lack of sanitary conditions. Disease and hunger were serious
problems, but outside observers were unable to assess accurately the extent of
the problems because of lack of access. Organizations that work on prison
issues reported that infection rates of tuberculosis and HIV was significant,
and that the quality of medical treatment was low.
There was also a stigma
associated with HIV infection. There were reports that doctors denied some HIV
positive patients treatment at medical facilities.
Tanzania
Prison conditions remained
harsh and life threatening. Diseases were common and resulted in numerous
deaths in prisons. According to NGO reports, the leading causes of death were
malaria, tuberculosis, HIV/AIDS, cholera, and diseases related to poor
sanitation. Prison dispensaries offered only limited treatment, and friends and
family members of prisoners generally had to provide medications or the funds
to purchase them. In February 2007, in order to prevent the spread of HIV/AIDS
in prisons, the government established 12 voluntary counseling and testing
centers to provide services to penal institutions.
The constitution prohibits
discrimination based on nationality, ethnicity, political affiliation, race,
social status, or religion. The law requires that anyone who wants to become a
citizen must live in the country for at least 10 years, have no criminal
record, and be able to speak Swahili. However, the government did not always
effectively enforce these prohibitions. Discrimination based on gender, age, or
disability was not explicitly prohibited by law but was discouraged publicly in
official statements and by government policies. Discrimination against women,
refugees, minorities, and persons with HIV/AIDS persisted, and ethnic tensions
continued in some parts of the country.
The Tanzania Parliamentarians'
AIDS Coalition addressed discrimination against persons infected with HIV/AIDS.
However, there were reports that discrimination in housing, healthcare, and
education continued to occur against the estimated 1.4 million persons in the
country living with HIV/AIDS. The government, working with NGOs, continued to
sensitize the public about HIV/AIDS-related discrimination and to create
safeguards for HIV/AIDS patients' human rights.A
network of lawyers, policymakers, and doctors continued lobbying efforts and
other activities to deal with legal, ethical, and human rights problems
associated with HIV/AIDS.
Thailand
A few domestic violence
crimes were prosecuted under provisions for assault or violence against a
person. Domestic violence frequently went unreported, and police often were
reluctant to pursue reports of domestic violence. NGO supported programs
included emergency hotlines, temporary shelters, and counseling services to
increase awareness of domestic violence, HIV/AIDS, and other issues involving
women. The government's crisis centers, located in some state-run hospitals,
continued to care for abused women and children, although several centers faced
budget difficulties. State-run hospitals referred victims to external
organizations when services at a hospital were not available. The crisis
centers reported that they had received 26,565 reports of violent abuse between
October 2007 and September 2008.
Persons with HIV/AIDS
faced the psychological stigma associated with rejection by family, friends,
and the community, although intensive educational outreach efforts may have
reduced this stigma in some communities. There were reports that some employers
refused to hire persons who tested HIV-positive following employer-mandated
blood screening. According to the Thailand Business Coalition on AIDS, an
estimated 7,000 businesses pledged not to require HIV/AIDS tests for employees
or discharge infected employees and vowed to hold regular awareness campaigns.
Timor-Leste
There were no reported
cases of discrimination against persons with HIV/AIDS.
Togo
A 2005 law prohibits
discrimination against persons infected with HIV/AIDS. The government sponsored
broadcasts aimed at dissuading discrimination. However, persons infected with
HIV/AIDS continued to face significant societal discrimination.
Tonga
There were no reports of
discrimination against persons with HIV/AIDS.
Trinidad and Tobago
No mention.
Tunisia
There is anecdotal
evidence that people with HIV/AIDS face some forms of discrimination. While
there were NGOs to assist persons living with HIV, they faced discrimination in
the quality of and in their access to medical care.
Turkey
No mention.
Turkmenistan
No mention.
Tuvalu
Persons with HIV/AIDS
faced some societal discrimination. Local agents of foreign companies that
hired seafarers from
Uganda
Prison conditions came
closest to meeting international standards in
During the year the CID
charged several individuals in connection with the investigation of stolen
money from the global fund to fight AIDS, tuberculosis, and malaria. On October
22, police in
Homosexuals faced
discrimination and legal restrictions. It is illegal for homosexuals to engage
in sexual acts, based on a legal provision that criminalizes "carnal acts
against the order of nature" with a penalty of life imprisonment, although
no homosexual has been charged under the law. Public resentment of
homosexuality sparked significant public debate during the year. The government
took a strong position against the practice. The local NGO SMUG protested
alleged police harassment of several members for their vocal stand against
sexual discrimination.
On June 4, police
arrested SMUG activists Pepe Julian Onziema, Valentine Kalende, and Usaam Mukwaya for trespassing.
The activists, who did not have the required conference credentials, bypassed
security at the HIV/AIDS Implementers' Conference in
International and local
NGOs, in cooperation with the government, sponsored public awareness campaigns
that aimed to eliminate the stigma of HIV/AIDS. In April the ILO reported in
its publication "Saving Lives, Protecting Jobs" that workers in the
country were becoming more supportive of their HIV‑positive colleagues.
However, a July meeting of HIV/AIDS‑positive teachers, officials from the
Ministry of Education and Sports, and the National Teachers Union concluded
that HIV positive teachers suffered stigma and discrimination inside and
outside of school settings; the meeting was sponsored by UNESCO, the World
Health Organization, and other organizations.
Counselors encouraged
patients to be tested with their partners and family so that they all received
information about living with HIV/AIDS. Persons living with HIV/AIDS formed
support groups to promote awareness in their communities.
The ILO and the Federation of
Uganda Employers sponsored a January survey on child labor in the fisheries and
tobacco industries that found that most of the 291 children sampled worked long
hours and that 71 percent were involved in hazardous work. Of the children
involved with fisheries, 31 percent worked at night, and all were subjected to
waterborne diseases, chest pains, fatigue, a high risk of contracting HIV/AIDS,
and injuries. Children on tobacco farms worked long days, dropped out of school
during peak periods of tobacco production, and were exposed to dangerous
chemicals, smoke, and dust.
Ukraine
Specialized medication
was frequently not available for HIV infected prisoners. According to HRW's annual report, there was no medication assisted
treatment in prisons, which meant that drug users were forced to suffer from
abrupt withdrawal when taken into custody.
On December 18, the ECHR
found in favor of the family of Olha Biliak, who died in 2004 while in pretrial detention in the
Lukianivka detention facility in Kyiv. Biliak's family claimed that the authorities failed to
provide her with adequate medical treatment for HIV while she was in custody
and failed to release her on medical grounds.
According to HRW, health
workers often violated the privacy of persons with HIV/AIDS by disclosing
confidential information about their HIV status.
The constitution
prohibits discrimination on the basis of race, gender, and other grounds;
however, the government did not enforce these provisions effectively, in part
due to the continuing absence of an effective judicial system and in part
because the law does not contain a mechanism providing protection against
discrimination. Violence against women and children; gender and age based
discrimination; trafficking in persons; harassment and discrimination against
ethnic minorities, homosexuals, individuals with disabilities, and persons with
HIV/AIDS; and a rise in xenophobic violence were problems.
The All Ukrainian Network
of Persons Living with HIV expressed concern about discrimination against HIV
positive children in educational institutions. For example, on August 7, Ukrayina Moloda reported that an
orphanage in Kirovohrad refused to admit a six-year
old HIV positive boy abandoned by his mother. The NGO complained to the
department of education in Kirovohrad, but the
department refused to help, stating that there were no specialized facilities
for HIV positive orphaned children in the oblast.
Persons with HIV/AIDS,
who numbered 440,000 according to statistics compiled by international
organizations, faced widespread discrimination and lacked access to treatment.
Although the country's AIDS law incorporates protection of the rights of
persons with HIV/AIDS, implementation remained weak, and state funding for
treatment was insufficient. The All Ukrainian Network of Persons Living with
HIV noted that persons with HIV/AIDS continued to face discrimination in the
workplace; job loss without legal recourse; harassment by law enforcement
officials, prosecutors, and judicial authorities; and social isolation and
stigmatization within their communities.
Other problems of concern
included reports of ongoing police abuse of gays, threats by police to inform
gays' families and employers of their lifestyle, and the lack of access to
medical treatment and information for gay men on the prevention of HIV/AIDS.
United Arab Emirates
Prison conditions varied
widely from emirate to emirate. Some prisons were overcrowded, particularly in
Persons with HIV/AIDS and
other diseases also faced discrimination. There were credible reports that
government officials discriminated against prisoners with HIV by not granting
commuted sentences or parole that other prisoners with similar records had
received. Noncitizen residents infected with HIV,
hepatitis types B and C, and tuberculosis were denied all healthcare benefits,
quarantined, and deported. During the year the government deported 1,518 noncitizen residents infected with these diseases. The EHRA
also reported that several women diagnosed with breast cancer were fired solely
because of their illness and that hundreds of women were reluctant to undergo
medical examinations to detect breast cancer for fear of losing their jobs if
they received a positive diagnosis.
United Kingdom
There were no police reports
of violence against anyone based on HIV infection, and no reports of
discrimination against such persons during the year.
Uruguay
There were isolated
reports of societal discrimination against persons with HIV/AIDS.
Uzbekistan
There was social stigma
against HIV/AIDS patients. Persons living with HIV reported social isolation by
neighbors, public agency workers, health personnel, law enforcement officers,
landlords, and employers after their HIV status became known. Recruits in the
armed services found to be HIV-positive were summarily expelled. The MOI's Department of Corrections continued efforts to raise
awareness about the realities of HIV/AIDS in its training for prison staff. The
government's restrictions on local NGOs left only a handful of functioning NGOs
to assist and protect the rights of persons with HIV/AIDS.
During the year the
government began a large-scale public awareness campaign under the slogan
"We Will Stop AIDS!" to raise awareness regarding how HIV/AIDs is spread, caring for HIV/AIDS sufferers, and
eliminating discrimination against them. As part of the campaign, the Ministry
of Health broadcast television and radio programs and held charity events to
raise funds for HIV-positive children.
Vanuatu
There were no reports of
societal violence or discrimination against homosexuals, nor were there any
such reports against persons with HIV/AIDS.
Venezuela
According to the NGO
Citizen Action Against AIDS, persons diagnosed with
HIV/AIDS frequently were discriminated against at the workplace and often were
refused access to government health services.
Vietnam
A number of Catholic
clergy reported a continued easing of government control over activities in
certain dioceses outside of
There was no evidence of
official discrimination against persons with HIV/AIDS, but societal
discrimination against such persons existed. There were credible reports that
persons with HIV/AIDS lost jobs or suffered from discrimination in the
workplace or in finding housing, although such reports decreased. In a few
cases, children of persons with HIV/AIDS were barred from schools, despite its
being against the law. With the assistance of foreign donors, the national
government and provincial authorities took steps to treat, assist, and
accommodate persons with HIV/AIDS and decrease societal stigma and
discrimination, although overall consistency was lacking. Religious charities
were sometimes permitted to operate in this area.
Western Sahara
No mention.
Yemen
There were no public
reports of discrimination based on sexual orientation or HIV/AIDS; however,
these topics are socially sensitive and not discussed publicly.
Zambia
In December 2007 a 14‑year‑old
girl filed a civil suit against the attorney general and police officer Sitali Ikowa, alleging that Ikowa impregnated her and infected her with HIV during her
May through August 2007 detention at Prospect Police Station. According to the
claim filed before the Kabwe High Court and obtained
by the LRF, Ikowa threatened and raped the girl on
numerous occasions.
The HIV/AIDS prevalence
rate in prisons was estimated at 27 percent. Antiretroviral treatment (ART) was
available to some prisoners with HIV/AIDS; however, poor nutrition often
rendered ART ineffective.
Due to traditional and cultural
inhibitions, most cases of violence against women and children went unreported;
however, increased public awareness resulted in more reporting of such
incidents to police and other authorities than in previous years. The VSU
reported that victims often refused to cooperate and that forensic equipment
needed to develop evidence was lacking. The government and NGOs expressed
continued concern about violence against women. In a 2007 Human Rights Watch
study, women reported that fear of retribution from their husbands often
prevented them from seeking free access to HIV counseling and testing, as well
as to treatment.
There were 1.2 million
children under the age of 15 who were orphaned, approximately 800,000 of these
as a result of HIV/AIDS. These children faced greater risks of child abuse,
sexual abuse, and child labor. Approximately 75 percent of all households were
caring for at least one orphan, and children headed approximately 7 percent of
households due to the death of both parents. The government had programs to
increase public awareness of HIV/AIDS.
The government actively
discouraged discrimination against those persons with HIV/AIDS; however, there
was strong societal and employment discrimination against such individuals.
Government officials made announcements discouraging such discrimination but
made little headway in changing entrenched attitudes.
During the year children who
had lost both parents to HIV/AIDS continued to migrate to urban areas where
they lived on the streets. In urban areas children commonly engaged in street
vending.
Zimbabwe
The government continued to use repressive laws
to suppress freedoms of speech, press, assembly, association, academic freedom,
and movement. Government corruption remained widespread. High-ranking government
officials made numerous public threats of violence against demonstrators and
members of the opposition. A nearly three-month ban on the activities of
nongovernmental organizations (NGOs) exacerbated food insecurity and poverty.
After the ban was lifted, security forces, war veteran groups, and provincial
governors continued to interfere with NGO operations, hampering food
distributions. Tens of thousands of citizens were displaced in the wake of
election-related violence and instability, and the government impeded NGOs'
efforts to assist them and other vulnerable populations. The following human
rights violations also continued: violence and discrimination against women;
trafficking of women and children; discrimination against persons with disabilities,
ethnic minorities, homosexuals, and persons living with HIV/AIDS; harassment
and interference with labor organizations critical of government policies;
child labor; and forced labor, including of children.
Prison conditions
remained harsh and life-threatening. The government's 42 prisons were designed
for a maximum of 17,000 prisoners. In May the Ministry of Justice, Legal, and
Parliamentary Affairs reported that the country's prisons held between
22,000-24,000 prisoners; however, a local NGO reported that they actually held
approximately 35,000 inmates. Prison guards beat and abused prisoners. Poor
sanitary conditions and overcrowding persisted, which aggravated outbreaks of
cholera, diarrhea, measles, tuberculosis, and HIV/AIDS related illnesses. Human
rights activists familiar with prison conditions
reported constant shortages of food, water, electricity, clothing, and soap.
According to the 2006 Solidarity Peace Trust and Institute for Justice and
Reconciliation report Policing the State, "political arrestees are
routinely and deliberately overcrowded, with 30 or more people being kept at
times in cells intended for six," and those "who have been severely
beaten by the police and have fractures and other injuries, are routinely
denied any access to health care or medication for varying periods of
time." In June then-Deputy Attorney General Johannes Tomana
acknowledged overcrowding and stated, "jail is
not nice. It is not meant to be nice." Tomana
was appointed Attorney General in December.
Most prison deaths were
attributed to harsh conditions, hunger, and HIV/AIDS. In 2006 a local NGO
estimated that 52 percent of prisoners were HIV-positive. In 2006 Zimbabwe
Prisons Service Commissioner General Paradzai Zimondi described the mortality rate in prisons as a
"cause for concern." In November the local press reported that some
prisoners with hunger-related health conditions were released from prisons.
In 2005 the government
embarked on Operation Murambatsvina (loosely
translated from Shona as "Restore Order" or
"Get Rid of the Filth") without prior notice, during which more than
700,000 persons lost their homes, their means of livelihood, or both through a
program of forced evictions. The government's stated reason for the operation
was to curb illegal economic activities and crime in slums and illegal
settlements in several cities and towns, but it made no provision for the
victims of its policy. Those who returned to rural areas often faced
unemployment, food shortages, and other economic and social stresses. According
to the AI report Zimbabwe: Between a Rock and a Hard Place–Women Human Rights
Defenders at Risk, the operation resulted in the destruction of more than
32,500 small and microbusinesses across the country
and created a loss of livelihood for more than 97,550 persons, most of whom
were women. An estimated 300,000 children lost access to education as a result
of displacement. The operation disrupted access to medical care, particularly
for HIV/AIDS patients. The government reportedly prevented or interfered with
UN and other humanitarian organizations' efforts to provide shelter and food
assistance. The government's actions were widely condemned by local civil
society organizations and the international community.
In November the Inspector
General of the Global Fund for AIDS, TB, and Malaria revealed that the
government had misused $7.3 million of its $12.3 million grant. For several
months, local organizations providing life-saving medical assistance were
unable to access the funds, which were being held by the Reserve Bank because
the government had reallocated the funds for other purposes. Due to the
government's failure to use the money appropriately, only 495 of an intended
27,000 health workers received training in proper distribution of HIV/AIDS, TB,
and malaria drugs. Shortly after the misallocation became public, the
government returned the funds to the Global Fund's account.
The law makes rape and
nonconsensual sex between married partners a crime; however, few cases of rape,
especially spousal rape, were reported to authorities because women were
unaware that spousal rape was a crime and feared losing the support of their
families, particularly in rural areas. The criminal code defines sexual
offenses as rape, sodomy, incest, indecent assault, or immoral or indecent acts
with a child or person with mental disabilities and provides for penalties up
to life in prison for sexual crimes. Police acted on reported rape cases not
associated with political violence, and the government media frequently
published stories denouncing rape and reporting convictions. In many cases the
victims knew their rapists. The criminal code also makes it a crime to
knowingly infect anyone with HIV. Local NGOs dealing with women's rights
reported that rape cases were brought to the court and there were convictions;
however, statistics were unavailable.
Several active women's
rights groups concentrated on improving women's knowledge of their legal
rights, increasing their economic power, combating domestic violence, and
protecting women against domestic violence and sexual transmission of HIV/AIDS.
Child abuse, including
incest, infanticide, child abandonment, and rape continued to be serious
problems during the year. Police statistics showed that child rape tripled between
2005 and 2007. Anecdotal evidence suggested that a relative or someone who
lived with the child was the most common abuser. Girl Child Network reported
that girls believed to be virgins were at risk for rape due to the belief among
some that having sex with a virgin would cure men of HIV and AIDS. In February
UNICEF and the government launched the "Stand Up and Speak Out" child
abuse awareness and prevention campaign.
The traditional practice
of offering a young girl in marriage as compensatory payment in interfamily
disputes continued during the year, as did arranged marriage of young girls.
The legal age for a civil marriage is 16 for girls and 18 for boys. Customary
marriage, recognized under the Customary Marriages Act, does not provide for a
minimum marriage age for either boys or girls; however, the criminal code
prohibits sexual relations with anyone younger than 16 years of age. According
to UNICEF in 2006, 29 percent of young women married when they were under 18
years of age. Child welfare NGOs reported that they occasionally saw evidence
of underage marriages, particularly in isolated religious communities or among
orphans with HIV/AIDS.
With 1.6 million orphans
with HIV/AIDS, the country had the world's highest percentage of orphaned
children at one in four, and the number increased during the year. Ninety
percent of orphans were cared for by the extended family. Many grandparents
were left to care for the young, and, in some cases, children or adolescents
headed families and were forced to work to survive. Orphaned children were more
likely to be abused, not to be enrolled in school, and to suffer
discrimination. Some children were forced to turn to prostitution as a means of
income.
According to the National
Association of Societies for the Care of the Handicapped (NASCOH), persons with
disabilities continued to be a forgotten and invisible group in society. For
example, although an estimated 10 percent of citizens had disabilities, the
sector has largely been marginalized from HIV/AIDS intervention programs.
Except for a short period in the 1990s, instructions on the use of condoms have
never been distributed in Braille for the visually impaired, and no efforts
were made to advertise condoms in sign language for the deaf. There was no
HIV/AIDS information in Braille. The organization also reported that only 33
percent of children with disabilities had access to education.
The government had a
national HIV/AIDS policy that prohibited discrimination against persons living
with HIV/AIDS, and the law aims to protect against discrimination of workers in
the private sector and parastatals. Despite these
provisions, societal discrimination against persons affected by HIV/AIDS
remained a problem. Although there was an active information campaign by international
and local NGOs, the Ministry of Health, and the National AIDS Council to destigmatize HIV/AIDS, ostracism and condemnation of those
affected by HIV/AIDS continued.
