Human Rights Defenders Arrested, World AIDS Day Activities Dis-
rupted
---------------------------------------------------------------
This sort of resistance will create a strong foundation for peo-
ple to organise for a national people's health system. It is not
a coincidence that People Living with HIV and AIDS (PLWHA) have
impacted positively on the country's radical demands in the area
of social and economic justice.
"PLWHA's Right of Access to Treatment and Freedom of Expression
Violated by State Agents"
Forcible Stoppage of Commemorations
Zimbabwe Lawyers for Human Rights (ZLHR) notes with grave con-
cern that the Zimbabwe Republic Police's interrupted the com-
memoration of World AIDS Day on the 1st of December in Harare.
The commemoration of this day by People Living with HIV and AIDS
(PLWHA) after an initiative by the Women and AIDS Support Net-
work (WASN), supported by other AIDS activists from Zimbabwe
Lawyers for Human Rights, Zimbabwe Activists on HIV/AIDS (ZAHA)
and the Zimbabwe National Network of People Living With HIV/AIDS
(ZNNP+) had initially been authorised by the police after WASN
took them to the High Court to compel them to grant such permis-
sion. This prohibition is a clear violation of Article 19.2 of
the International Covenant on Civil and Political Rights which
states that "Everyone shall have the right to freedom of expres-
sion; this right shall include freedom to seek, receive and im-
part information and ideas of all kinds, regardless of fron-
tiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice."
Such a prohibition by the police clearly illustrates the failure
of the government not only to duly regard HIV/AIDS as a national
emergency calling for concerted efforts against its impact, but
also a pure misconception of the purpose and provisions of the
Public Order and Security Act (Chapter 11:17) to which AIDS Ser-
vice Organizations (ASOs) are exempt from the procedures relat-
ing to political organization. It is shocking that the state
would act in such an abhorrent manner and take such a grossly
unreasonable decision in an environment wherein approximately 2
000 people are dying of AIDS every week, 1,2 million children
have been orphaned by HIV/AIDS and an estimated 20,000 out of an
estimated 290,000 in need of antiretroviral treatment (ART) are
actually on treatment. With some 2 million people living with
HIV/AIDS (PLWHA) in Zimbabwe, the looming drug shortage presents
an eminent threat to the lives of millions.
Arbitrary Arrest and Detention of Human Rights Defenders
It is shocking that the state has arbitrary arrested and de-
tained 5 AIDS activists Sostain Moyo of Zimbabwe Activist on
HIV/AIDS (ZAHA), Munyaradzi Gwisayi of the International Social-
ist Organisation (ISO), Nickson Nyikadzino of the National Con-
stitutional Assembly (NCA), Gladys Chiume and Anacolletta Pen-
duka both of Women and AIDS Support Network (WASN) for being
part of the group commemorating the World Aids day at the Africa
Unity Square. They then quelled the commemoration of such an im-
portant and international event whose primary aim is to provide
an opportunity for the government, civic society organizations
and the public at large to demonstrate both the importance they
attached to the fight against AIDS and their solidarity in this
effort. The human rights defenders remained detained at the time
of this press release despite the fact that the Attorney Gener-
als office agreed with the lawyers that there was no basis for
the police to have acted in the heavy handed m!
anner that they did.
World Aids Day Generally
The United Nations General Assembly in Resolution A/RES/43/15 at
its 38th plenary meeting on 27 October 1988 noted that the World
Health Organization, through the London Declaration on AIDS Pre-
vention, had declared 1 December 1988 World AIDS Day following a
unanimous vote by all 140 countries present. The General Assem-
bly further stressed the importance of the appropriate obser-
vance of that occasion.
This day provides yet another opportunity for Zimbabwe to re-
flect on progress towards stopping AIDS and keeping the promise
as affirmed in the United Nations Declaration of Commitment on
HIV/AIDS which recognizes the full realization of human rights
and fundamental freedoms for all as essential elements in fight-
ing the pandemic, an element of which entails the provision of
HIV-related drugs such as anti-retroviral drugs (ARVs).
The need for the government to reflect on its commitment comes
from a background where the public health delivery system in
Zimbabwe has virtually collapsed, culminating in the state's
failure to facilitate, provide and promote the full realization
of the right to health, including the right of access to treat-
ment particularly for People Living with HIV/AIDS (PLHA). ZLHR
is abhorred by the government's failure to prioritize a matter
that has since been declared a national emergency. Government's
lack of commitment is clearly illustrated by the proposal to
present the National Budget on World AIDS Day. Acknowledging the
importance of the budgetary presentation, ZLHR is of the view
that the two events are of vital importance to all citizens such
that one event should not overshadow the other.
Recommendations
ZLHR therefore makes an urgent call on government to act in an
endeavour to fulfill the right to adequate health care, the
right to treatment, access to medical care and the right to
life. This call comes in the wake of an increase in incidents
and reports of actual and imminent deaths relating to poor
health facilities and lack of treatment. For instance, the col-
lapse of the public health system has seen the unwarranted death
of 14 children under the age of five 5 due to an outbreak of
dysentery in Chitungwiza, a situation that has been exacerbated
by HIV infection.[1]
In this light, ZLHR calls upon the government of Zimbabwe to:
* Increase, prioritize and ensure sustainable financial, human
and technical resources in the area of public health and in the
fight against the HIV/AIDS pandemic.
* Sensitize and educate all arms of government and state agents
on the "...tragic reality being experienced by families, commu-
nities and the nation at large" as stipulated by President
Robert Mugabe in the foreword to the National AIDS Policy, 1999,
calling for the "...recognition of the severity of HIV/AIDS".
* To facilitate the provision of a foreign currency allocation
towards the availability of ARVs as promised by the Reserve Bank
of Zimbabwe
*Revisit the current ARV roll-out programme to ensure enhanced
access to ARVs by all PLHA who are in need of such treatment,
taking into consideration the plight of women and girls as a
group that is physiologically and socio-economically more sus-
ceptible to infection.
* Ensure transparent and equitable access to treatment and medi-
cal care, particularly for PLHA.
* Develop and implement strategies towards the advancement of
treatment literacy, in collaboration with civic society and in-
ternational organizations.