A Collection of Reviews conducted
by ASAP of the 8th ICAAP Colombo, Sri Lanka 2007
1. Launch of the Sri Lankan Business Coalition on AIDS
A new concept of the ICAAP (Track A) was a new concept to call upon multisectoral stakeholders to explore opportunities towards partnerships for change. The track provided avenues for bridging gaps between political and community leadership and recognising the importance of business and religious leadership in strengthening the future of the HIV and AIDS responses.
This recognition was taken up by Standard Chartered Bank of Sri Lanka which played an unprecedented and much needed business leadership role at the 8th ICAAP.
As the Principal Global Corporate Sponsor, and Official Bank to the Congress, Standard Chartered hosted a satellite meeting of business leaders in Sri Lanka.
They discussed the importance of creating public-private partnerships, of importing and strengthening the concept of corporate social responsibility and explored the most effective approaches to business achieving its goals in the response to HIV and AIDS. Chaired by Standard Chartered’s Chief Executive Officer, Mr Clive Haswell, and supported by his Chief of Corporate Affairs Ms Romany Parakrama, two specific and important practical outcomes arose from the satellite meeting.
The first major outcome was the launch of the Sri Lankan Business Coalition on HIV and AIDS. The SLBCHA acknowledges that business’ partnering the national response in Sri Lanka must be viewed as a key objective on every company’s agenda. They agreed that resources and materials should be made widely available and linked up comprehensively within Sri Lanka’s corporate world.
The second major outcome was the endorsement by some 35 companies and businesses ‘to Pledge to Counter HIV/AIDS’. The Pledge can be found on the 8th ICAAP website at www.icaap8.lk To review progress since the ICAAP, ASAP interviewed Mr Clive Haswell, the Chief Executive Office of Standard Chartered Bank in Colombo, Sri Lanka.
ASAP: What do you think is the message that other corporate sector entities could learn from Standard Chartered’s pro-active role (in establishing the Business Coalition)?
Clive Haswell:
If you have initiative and are driven by a passion and commitment to this cause at a global and local level making a difference and saving lives in the communities in which your work becomes more than possible. It’s a simple lesson that any organization can learn. There has to be commitment to this from top management, its basically leading by example.
As one of the world’s leading international banks with footprints in Asia, Africa and the Middle East, HIV and AIDS touches us nearly everyday and has been an important area of focus for the bank. As such our response to managing HIV and AIDS in the workplace in all our markets is based on the commercial imperative to ensure that we have a healthy and stable workforce.
A key aspect of the Bank’s programme is to use knowledge and information to fight the spread of this epidemic. In March 2007 we, as a Bank, launched our commitment to the Clinton Global Initiative to educate one million people on HIV and AIDS by March 2010 and everyday we keep our eye on that goal. Our response to HIV and AIDS reflects our values - values that drive all our actions and are fundamental to becoming the World’s Best International Bank Standard Chartered Bank’s commitment to raising HIV and AIDS awareness has been recognized globally. (The Bank has earned the Commonwealth Award for “Outstanding work on advocacy and education” regarding HIV and AIDS, “Business Excellence in the Work Place” from the Global Business Coalition of HIV/AIDS and the “Edekman Health AIDS and Employment” Award from the European Union).
ASAP: What institutional arrangements are being put in place to ensure sustainability of the Business Coalition?
Clive Haswell:
The commitment made by over 35 Multinationals/Large Local Corporates and SMEs who have aligned themselves to raising awareness on HIV and AIDS in their respective business sectors are signatories to a pledge that will uphold and reflect their individual commitment and work place policy towards HIV and AIDS. They are to be guided not only by the combined resources and advocacy of the Business Coalition but also by the Health Ministry’s National STD AIDS Programme, the ILO and EFC.
The membership fees contributed by these organisations will help finance the appointment of a Coalition Coordinator that will be based out of the ILO office in Colombo and be dedicated to sustain the network and join communications of the Coalition as well as provide regular ongoing progress reviews to the Coalition’s Steering Committee. We also hope to collaboration with the ILO and EFC to formulate clear project proposals, MOU and Actions Plans that will bare measurable results.
ASAP: What next steps do you envisage the Business Coalition needs to take to turn the Pledge into Action?
Clive Haswell:
We have already set ourselves some challenging targets for the future. Including setting a ‘target of awareness’, of how many individuals the coalition would educate on HIV and AIDS (to be calculated on the basis of staff numbers in signatory companies); Identify vulnerable sub-groups where the business community can make an impact; creating awareness programs targeted for peer leaders / identify risk behaviour and work towards anonymity in HIV and AIDS testing in Sri Lanka; enacting a legal framework for HIV testing. We are working closely with the Ministry of Health and ILO in making sure that we set measurable, realistic and achievable goals for ourselves in this regard.
The launch received wide media which was well attended by business, ASAP and other civil society organisations and the UN System of Agencies including UNAIDS and the International Labour Organisation.
The formative stages in developing any organisation can be difficult. ASAP therefore decided to ask the Executive Director Dr Anthony Pramualratana of ASAP Member Organisation, the Thailand Business Coalition on AIDS, to offer some advice that might assist its newly established sister organisation in Sri Lanka.
ASAP: What recommendations would you make to a fledgling Business Coalition on AIDS? What are some of the hurdles you foreshadow and how would you respond to them?
Anthony Pramualratana:
As a coalition, TBCA partners with Government AND the Private Sector. These are two very different set of skills. I believe that TBCA to date has partnered with government (labour and health) very successfully as well as with the UN system and various international agencies in order to achieve our mission of prevention and nondiscrimination in the workplace. We now are a major partner with government in running the national program on HIV and AIDS prevention and management in the workplace through our quality certification program called the AIDS-response Standard Organization (ASO-Thailand).
However, partnering with the private sector requires a different set of 'business' skills of which our staff are not as skilled in, networking-being less academic, business events, public relations and advertising and professionally managing our 'fee for service' training. As a response to this, 2008 will see an active development of these necessary skills and activities as both represent our mission and both are essential in financial sustainability.
ASAP: Business Coalitions are part of civil society. But some CBOs and grass roots organisations still don’t feel comfortable working with business. Given the importance of creating public-private partnerships to effectively respond to the HIV epidemic, what do you think can be done to over come this schism?
Anthony Pramualratana:
A business coalition must be seen as a conduit between grass roots organisations and the private sector. To answer your question in one word there needs to be 'trust'. Trust can come through time but I think one way to demonstrate this is to partner with a grass roots organization. At TBCA we have a strong community program for two reasons: 1) keeps us close to the problem; and, 2) makes us a better communicator to the private sector and government. We must inform 'civil society' that utilizing the strengths of business networks, their reach to the community, its employers and their families, its CEOs and presidents is a good and quick way to effect change. Imagine what five well connected people. can do if they understand the problem. I don't think people from non-business background will ever feel comfortable. TBCA will be employing a business-manager/commercial director to transform our message strategy to make more business sense. CSR is gaining more importance now, even if some companies are not as committed as others. Study the CSR avenue and develop your communications strategy.
ASAP: Can you offer some advice about how to help business feel more comfortable about working with the issues of HIV and AIDS?
Anthony Pramualratana:
We want to sell good management principles not necessarily AIDS. What will a business do if their country director/ best employee has HIV or wants to resign because they have HIV? If they cannot answer this question then they are not practising good management principles. A coalition exists to consult on this, provide workplace program for employees and their families as well as an opportunity for business to be involved in community outreach programs.
Contact Details of ASAP Member .
Dr Anthony Pramualratana Executive Director, TBCA
351 Rama 9 Village, Rama 9 Road, Soi 11 Bangkapi, Huay Kwang , Bangkok 10310 Thailand
Tel: 02-716-8750-7
Fax: 02-7168758
E-mail: tbca@ksc.th.com
Website:www.abconaids.org/tbca
Or through the ASAP Forum Dgroups at www.Dgroup.org
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2. Launch of the Handbook on HIV and Human Rights for National Human Rights Institutions
The recognition of widespread stigma and discrimination throughout the Asia and Pacific region in and around the issue of HIV and AIDS means that it is critical that action be taken to address unfair and unethical discriminatory conduct. Situations exist in which: HIV positive students, including young infant children, are denied access to education; future, or current, employees are being refused, or dismissed from, employment; denial by landlords of rental accommodation; and communities with HIV positive people are sometimes segregated. Prejudice around HIV and AIDS leads to the breakdown of families, poverty, homelessness, isolation and inequality. Regrettably, such examples are only part of an increasingly visible problem across the region. Bringing international human rights law into the domestic arena and strengthening National Human Rights Commissions and/or Institutions is therefore of paramount importance in ensuring that people enjoy appropriate protections from discrimination. Armed with such knowledge people are able to seek remedies for grievances.
Work being undertaken by the Office of the High Commissioner for Human Rights (above) is part of the Global Response to HIV and AIDS within the context of the UNAIDS initiated “Three Ones” paradigm. It works with the national AIDS coordinating authority at country level to help develop national frameworks and processes of evaluation by providing human rights expertise.
UNAIDS have included human rights as a cross cutting component of their current mandate in the Global Response. Dr Peter Piot has affirmed his view that human rights is part of achieving Universal Access. In his address to the world conference in Rio de Janeiro, he referred to “the Four Non-negotiables:
- Promotion and protection of human rights;
- Equality between men and women;
- Science as the basis of our policies & work;
- Accountability to the people for whom we work. (1)
(1) Dr Peter Piot, “The Status of the Response: What will it take to turn the Epidemic Around?”, Address to the 3rd World HIV and AIDS Conference, Rio de Janeiro, 27 July 2005
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National Human Rights Institutions (NHRI) can play a vital role as part of the machinery to stop discriminatory and unethical conduct. They should support the enactment of laws or strengthen existing laws to eliminate discrimination and support fully human rights for people living with HIV. In reviewing national legislation and regulations regard must be had to compliance with international human rights standards whilst at the same time those most affected by the law must be consulted.
Securing remedies for people who have been discriminated against on the basis of their HIV status remains difficult in some countries. Many national Human Rights Commissions have not yet developed or properly strengthened complaint handling mechanisms. Hence, NHRIs need to explore ongoing development of their investigatory and adjudicatory functions and examine how best to provide redress or compensation for HIV related human rights violations.
At the 8th ICAAP, ASAP supported a satellite session by the Office of the High Commissioner for Human Rights (OHCHR) and UNAIDS which launched the Handbook on HIV and Human Rights for National Human Rights Institutions - the way forward in the Asia and Pacific.
The Satellite Session brought together people working in the area of human rights to examine the status of stigma. They discussed discrimination across the region and how National Human Rights Commissions and/or Institutions can work more effectively towards eliminating unequal treatment of people with HIV and AIDS. Some of the issues raised herein were noted at the Satellite Session. However, to explore the next steps needed in an effective region-wide response ASAP interviewed two of the panellists: Ms Jyoti Sanghera, Senior Human Rights Advisor, UN Country Team in Sri Lanka and Dr Joseph Jimenez, of the Commission on Human Rights in the Philippines. Those interviews follow.
ASAP: What are the next steps that NHRIs throughout Asia and the Pacific must do to include within their mandates processes that ensure the elimination of discriminatory conduct on the basis of HIV and AIDS?
Jyoti Sanghera:
There are a number of important steps that NHRIs should take including: establish workplace policies prohibiting HIV-related discrimination; and, that NHRI staff have a good understanding of HIV and the relationship between HIV and human rights. They must monitor and report on their state’s progress in respecting, protecting and fulfilling HIVrelated human rights. This could, for example, include the issuance of specialized reports on stigma and discrimination based on HIV status.
It is also important that NHRIs are accessible to people living with HIV. NHRIs should meet with people living with HIV to learn about their experience and concerns and discuss what support would be useful. They should also ensure that key HIV groups are informed about their existence, their jurisdiction, and their function. Part of this will include support for the involvement of AIDS activist in special procedures, and incorporate HIV into shadow reports produced for the human rights treaty monitoring bodies. Parliamentarians and other national leaders must also be included to cement real linkages between leaders in the various sectors around issues related to HIV but also as HIV relates to human rights and its orientation within the national framework must be publicised. To this end, NHRIs can and should also become apart of national AIDS coordinating authorities to help in the assessment and monitoring of programmes and services, including the availability, accessibility, acceptability and quality of HIV prevention, treatment, care and support.
As a final point of guidance for the work of NHRIs, I would also suggest they follow the International Guidelines on HIV/AIDS and Human Rights which provide guidance on what States should do to eliminate discrimination (see guideline 5, 9, 10, 11). They include the recommendation that States should ensure monitoring and enforcement mechanisms to guarantee the respect of HIV-related human rights. As I mentioned above, an important part of the responsibilities of national AIDS coordinating authorities.
ASAP: How do you recommend NHRIs use the Guideline to best achieve change? Should, for example, they be collectively exploring ways of harmonizing their approaches to the elimination of stigma and discrimination on the basis of HIV and AIDS across the region?
Jyoti Sanghera:
Firstly, an assessment needs to be conducted of how NHRIs have been integrating HIV in their work. This should include an ensemble of best practices and lessons learned. Interaction through community consultations with people living with HIV, HIV networks and other community organizations working on HIV will also form part of this step.
Secondly, a review relating to current national legislation and policies should be undertaken. For example, what do current national laws say about sex work, trafficking and about men who have sex with men both in terms of the criminal law and protective laws that seek to address stigma and discrimination against people with or affected by HIV. This then raises the question as to what degree advocacy is required. The adoption of prerequisite policies and programmes towards the promulgation of laws that empower communities vulnerable to HIV and AIDS must also be adopted. But I should also stress that harmonization between these facets should not divert attention from national priority issues which are likely to differ from country to country.
ASAP: Do you foresee any difficulties that NHRIs throughout Asia and Pacific might experience in using the Handbook on HIV and Human Rights, to change policy and legal practice? If so, what difficulties might exist and how may they be overcome?
Jyoti Sanghera:
Difficulties may include:
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Lack of political will by national authorities to engage in issues related to HIV. |
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The behaviour of vulnerable groups living with or affected by HIV such as commercial sex workers or injection drug users - is considered illegal in some countries. In other instances prisoners of persons in detention are often not considered in HIV prevention, treatment, and support programmes. They may be considered ineligible because of their illegal behaviours. |
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Lack of enabling environment to discuss the various modes of HIV transmission. |
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Stigma and discrimination by NHRI staff. |
To face some of these concerns, reference can be made to the 2001 Declaration of Commitment and the 2006 Political Declaration where Member States made commitments to reduce stigma and discrimination faced by people living with HIV. They set themselves key targets for reducing stigma and discrimination. Human rights are central to these commitments. If it is relevant, reference can also be made to concluding observations made by the treaty bodies, recommendations by special rapporteurs and reports to the Human Rights Council. Currently, OHCHR produces two reports to the Council on: 1) access to medication in the context of pandemics such as HIV/AIDS, tuberculosis and malaria; as well as, 2) a report on the protection of human rights in the context of HIV and AIDS. NHRIs can make use of these international human rights mechanisms to overcome and make their case for changing policies and legal practices.
ASAP: What do you recommend people do who have been discriminated against because of their HIV status, but are facing barriers to finding a resolution at the NHRI?
Jyoti Sanghera: First, I recommend that people produce evidence that they have been discriminated against, seek advice from a local NGOs and/or UN partner organization. There are also a number of regional and international HIV/AIDS networks and advocacy groups whose assistance may be mobilized to raise issues and complaints with national governments. They also may be helpful in internationalizing the issues.
I think that once these avenues at national level are exhausted, complainants should make use of the complaints procedure under the international treaty bodies and special procedures.
ASAP: What can regional civil society do, to support and strengthen adherence to the Handbook?
Jyoti Sanghera: Regional Civil Society can certainly undertake advocacy work, including with vulnerable communities, the business community and key law and policy decision makers. Civil Society can also develop awareness raising initiatives together with UNAIDS, OHCHR and UNDP and develop joint advocacy strategies and initiatives with NHRIs to promote the Handbook on HIV and Human Rights. It is also worth engaging popular culture and media to disseminate messages for adherence.
Last, it is sometimes forgotten that a summarized translation of the Handbook on HIV and Human Rights into local languages together with its dissemination amongst those communities is vital to ensuring that the messages it contains reaches those who are in most need of its use.
An important component of this article was to secure a NHRI perspective on progress towards strengthening human rights within the Asia and Pacific. Dr Joseph Jimenez, representative at the 8th ICAAP of the Philippines Commission on Human Rights, provided such a perspective. His interview with ASAP follows.
ASAP: Does the Commission on Human Rights in the Philippines have a national legislative mandate to investigate and eradicate discrimination against people on the basis of HIV and AIDS? What avenues for redress exist for a person who believes they have been discriminated against on grounds that they are HIV positive?
The Commission on Human Rights of the Philippines (CHRP) is mandated by the Philippine Constitution under Article XII, Section 18 to perform the following functions:
(1) Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite contempt for violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measure and legal aid services to the underprivileged whose human rights have been violated or need protection.
(4) Exercise visitorial powers over jails, prisons, or detention facilities.
(5) Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
(6) recommend to the Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
(7) Monitor the Philippine Government's compliance with international treaty on human rights;
(8) Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority; and,
(9) Request the assistance of any department, bureau, office, or agency in the performance of its functions. Thus, the Commission can investigate discrimination against Persons with HIV and AIDS. It could also monitor the situation of Persons with HIV and AIDS in relation to access to government services, their right to privacy, and recommend effective measures to address related issues and concerns. It could monitor government compliance in relation to related human rights treaties to which the Philippines is a state party.
Specific legislation addressing HIV/AIDS issues was enacted in 1998 (Republic Act 8504 - The Philippine AIDS Prevention and Control Act of 1998) which prohibits discrimination against persons living with HIV/AIDS, when applying for employment or in receiving social services, based on their HIV status alone. Persons aggrieved may therefore bring their cases before the Department of Labor and Employment and to the Courts for redress. The law provides for penalties for such offenses. Complainants may also approach the CHRP, through its Regional Offices, so their cases may be heard and referred to the appropriate offices for resolution.
ASAP: How do you foreshadow that the Handbook on HIV and Human Rights will strengthen the work of the Commission on Human Rights in the Philippines in terms of work towards eliminating discriminatory behaviour against people who are HIV positive?
Joseph Jimenez:
The Handbook on HIV and Human Rights for National Human Rights Institutions (NHRIs) is a very informative and educational primer on the socio-economic issues that accompany an individual affected by HIV/AIDS and how this relates to societal well being in general. It will be an invaluable tool for NHRIs when they encounter situations involving Persons with HIV and AIDS.
The Handbook clearly states the different issues that could be faced and identifies areas where an NHRI can assist and be involved themselves. It is concise and easy to read. Examples of work done by NHRIs around the world to help persons living with HIV/AIDS lead productive lives are cited.
ASAP: Do you consider that a collective regional approach is needed by the harmonization of work of all National Commissions on Human Rights in the Asia Pacific, to properly address issues of stigma and discrimination? What avenues exist to achieve this? Does the Philippines Commission participate in such a collective approach?
Joseph Jimenez:
The Philippines belongs to the ASEAN NHRI Forum . a network of the existing National Human Rights Institutions of Indonesia, Malaysia, the Philippines and Thailand. It has, since 2004 met on human rights issues of common concern to the South East Asian Region which definitely include the issue of stigma and discrimination suffered by Persons with HIV and AIDS. Since member nations face HIV/AIDS concerns in their respective countries, regular meetings present an ideal venue where these issues can be examined.
With the signing of the ASEAN Charter which promises to establish an ASEAN Human Rights Body, the ASEAN NHRI Forum is poised to make its recommendations known to the drafters for the terms of reference of the HR Body. One of its contributions will be a list of common human rights issues that the ASEAN HR Body could address regardless of whether the body will have either or all of the functions on education and research, investigation of human rights violations, and/or monitoring of human rights situations of ASEAN Countries.
ASAP: What would you recommend to other National Commissions on Human Rights in the Asia Pacific, who are experiencing difficulties in orientating HIV and AIDS issues within their mandates?
Joseph Jimenez:
The Principle of nondiscrimination and equality underpins all human rights. It is in this foundation that we, as a National Human Rights Institution in the Philippines, look at how we mainstream different issues pertaining to HIV and AIDS in our work. This includes advocating the Human Rights Based Approach to Development as well as in engaging government to adopt a National Human Rights Action Plan.
Everyone has the right to live in a dignified manner and the right to be productive. By NHRIs addressing stigma and discrimination in relation to HIV and AIDS, persons living with HIV/AIDS are better able to attain their goals whilst creating a better society and nation.
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