By Leopold Zekeng
The enactment of Nigeria’s HIV/AIDS Anti-Discrimination Act – a national law hinged on the protection of the rights of people living with or affected by HIV/AIDS from discrimination based on their HIV status, is indeed progressive. However, to date, only about 18 states in Nigeria have domesticated the Act.
Evidence from the Nigeria PLHIV Stigma Index Survey revealed that 24.5% of adults aged 35-44 and 21.7% of young adults aged 18-24 have experienced stigma and discrimination. In some instances, key populations in Nigeria have experienced discrimination, violent law enforcement practices, arrests and other forms of human rights violations. Violence and discrimination against women and girls also remain pervasive. These violations often shove persons living with HIV and key populations to the margins of society, denying them access to life-saving health and social services, including HIV services.
Globally, 38 countries have pledged to end HIV-related stigma and discrimination through the Global Partnership for Action to Eliminate all Forms of HIV-Related Stigma and Discrimination (Global Partnership). These are hard-fought gains. Nonetheless, Nigeria is yet to formally join the Global Partnership.
However, the unwavering commitments and investments by stakeholders including the Nigerian government, National Agency for the Control of AIDS (NACA), UNAIDS, Global Fund, United States President’s Emergency Plan for AIDS Relief (PEPFAR) and other partners, have been instrumental in catalyzing progress towards ending stigma and discrimination in Nigeria. Communities of persons living with HIV have also been at the frontline of combatting stigma and discrimination. Recently, the Community of Practice to address HIV-related stigma and discrimination in Nigeria was launched by the Network of People Living with HIV and AIDS in Nigeria (NEPWHAN), Association of Women Living with HIV in Nigeria (ASWHAN) & Association of Young People living with HIV in Nigeria (APYIN). The platform seeks to facilitate capacity strengthening, exchange of best practices and promote synergy amongst stakeholders in addressing stigma and discrimination in health care, education, workplace, justice systems, communities, emergency and humanitarian settings.
When marginalized communities are criminalized or stigmatized, their vulnerability to HIV infection increases, and their access to HIV prevention, treatment, care, and support services is obstructed. Countries that are beating the AIDS epidemic are doing so by repealing laws and policies that discriminate, by expanding human rights for all and by allowing marginalized communities to lead the response.
Public health is undermined when laws, policies, practices or norms enshrine punishment, discrimination or stigma for people because they are women, key populations, or persons living with HIV. Discrimination obstructs HIV prevention, testing, treatment and care, and holds back progress towards the end of AIDS.
We have hope, however, from communities on the frontlines. As Dr. Martin Luther King noted, “Social progress never rolls in on wheels of inevitability; it comes through the tireless efforts of people.” It is the communities most affected by discrimination that are leading the pushback against the erosion of their right to health, against the right to life. They are uniting their efforts to protect and advance human rights. They need, and deserve, all our support. The rights path strengthens entire societies, making them better equipped to deal with the challenges we face today and those that are emerging.
The right to non-discrimination as guaranteed under Article 2 of the Universal Declaration of Human Rights and other relevant human rights treaties and standards, is the cornerstone of international human rights law. Having ratified the International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights and other relevant treaties, the Nigerian government has an obligation to ensure that national laws and policies do not discriminate against people and that all persons including persons living with HIV are protected against such discrimination by third parties.
Furthermore, the Global Aids Strategy requires that all countries including Nigeria create an enabling legal environment by removing punitive laws, introducing and enforcing protective legislations and policies, and eradicating the abuse of criminal and general laws to target people living with HIV and key populations.
Discrimination against anyone is harmful to the health of everyone. For Nigeria to deliver on the promise to end AIDS by 2030, action is urgently needed to advance the protection of the human rights of everyone, everywhere. The Zero Discrimination Day, celebrated around the world every 1 March, presents an opportunity for Nigeria to strengthen its commitment through ensuring the domestication and effective implementation of the HIV/AIDS Anti-Discrimination Act in all states across Nigeria, formally joining the Global Partnership, committing to take actions on HIV-related stigma and discrimination across all six settings; and letting communities lead in addressing stigma and discrimination.
Dr Leopold Zekeng, UNAIDS Nigeria Country Director, writes from Abuja.
