The East African Community HIV and AIDS Prevention and Management Bill, 2010

The reinvigoration of regional economic integration initiated by the East African Community (EAC) promises to overcome fundamental development constraints, to increase intra-regional trade and generate more benefits for the ordinary citizens of East Africa. This renewed effort calls for further harmonisation and alignment of trade, economic and social policies. At the heart of all these developmental efforts lies the need to harness and cautiously recognise the devastating effects of HIV and AIDS on the labour force (both formal and informal sector), households and other key sectors of the economy the integration seeks to target.

In keeping with the principles of harmonisation and alignment, the Eastern Africa National Networks of AIDS Service Organisations (EANNASO), working in partnership with the East African Law Society (EALS) and other key partners under the banner of the Regional Task Force on HIV and AIDS Law and Policy in the East African Community, with support from the UNAIDS, has been leading a broad-based dialogic-consultative process in developing a draft regional HIV and AIDS Bill. The development of a regional Bill is important in addressing fundamental disparities that currently exist in the policy and legal frameworks on HIV and AIDS in the region. The draft Bill will also help the East African countries to achieve commonality on pertinent AIDS related issues and harmonisation in their approach to HIV and AIDS policy, legislation and even prorgamming.

If eventually passed, the Bill will result into an Act of the East African Community to provide for the prevention and management of HIV and AIDS, including promoting access to commodities and services for Prevention, Treatment, Care and Support relating to HIV and AIDS and the protection and promotion of the human rights of persons living with or affected by HIV and AIDS and other related matters.

Key features of the Bill include, inter-alia; protection of the rights of persons living with or affected by HIV, intensified prevention efforts , elimination of discrimination, protection of vulnerable and marginalised groups like women and children as well as counseling and testing. Broadly, the entire Bill integrates a rights -based approach to dealing with the said issues.

In a nutshell, the overall goal of developing the regional bill is to enhance the regional and national responses to the HIV and AIDS pandemic that are respectful to human rights in a conducive legal and policy framework in Burundi, Kenya, Rwanda, Tanzania Mainland, Uganda and Zanzibar.

The process of developing the regional HIV and AIDS Bill was very consultative and participatory involving all key players in the region. These included - civil society organisations, governments, National AIDS Control Commissions (NACCs), networks of people living with HIV and AIDS, development partners and regional bodies all drawn from among the East African member states. A multi-stakeholder task-team drawn from the region was also constituted to lead the legal audit process and broadly consult on the state of the law and policy on HIV and AIDS in East Africa to inform the drafting process of the Bill. The team also garnered in-country support towards improving the text and soliciting for in-country support around the development of the Bill.

The various activities undertaken to come up with the regional HIV and AIDS Bill by the taskforce have now culminated into a draft Bill to be finalised and, through relevant channels, be tabled before the East African Legislative Assembly (EALA) for consideration for enactment into law. In finalising the draft bill, a final multi-stakeholder's meeting and a civil society round table is being organised in kampala, Uganda, from the 20-24 February, 2010. The multi-stakeholder meeting will be attended by representatives from Ministries of Justice and Constitutional Affairs, Ministries of Health, Ministries of HIV and AIDS, Law Reform Commissions, Civil Society, Networks of people living with HIV, National AIDS Control Commissions and Human Rights Commissions, who will gather to scrutinise and provide input into the draft bill.

The Civil Society Round-table to be held on 24th February, 2010 in Kampala will then ensue a discussion on the road-map for civil society participation during the legislation process, mass mobilisation and advocacy campaign targeting policy makers, the general public and key stakeholders on the importance of the draft Bill. .Burundi

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