A/HRC/16/69 organization based in the United Kingdom of Great Britain and Northern Ireland, asserted that transgender persons often faced heinous discrimination, abuse and violence, sometimes exacerbated by HIV-related discrimination. According to the Alliance, more than 200 transgender persons had been murdered for reasons linked to their gender identity worldwide in 2008 and 2009. The Economic and Social Commission for Asia and the Pacific (ESCAP) reported that, in resolution 66/10 of May 2010, ESCAP member countries had recognized that an effective regional response must tackle HIV-related discrimination and discrimination linked to sex work, drug use and sexual orientation. 13. Several Member States and non-governmental organization respondents underscored HIV-based restrictions on entry or residence in a country as a form of discrimination. The Government of the Republic of Moldova reported that it was reviewing its current travel and immigration restrictions, which included expulsion of HIV-positive foreigners in some cases, with a view to replacing them with a more tolerant regime. At the Geneva consultation, UNAIDS recognized that some HIV-related travel restrictions had been lifted in 2010, such as in China and the United States of America, and other countries, such as the Republic of Korea and Ukraine, are currently working towards lifting HIV-related travel restrictions. 14. Few of the survey responses noted progress in ensuring access to justice for people suffering from HIV-related discrimination. Some countries reported that they offered free or low-cost legal assistance services, but that the institutions providing them did not orient their work to HIV. One exception was Brazil, which noted that the Government supported at least 40 organizations that provided legal assistance to people living with and vulnerable to HIV. Aidsnet, a non-governmental organization from Denmark, and the Danish Institute for Human Rights recommended that national human rights commissions should play an active role in ensuring that HIV-related anti-discrimination statutes were well conceived and actively enforced. D. Participation of vulnerable groups 15. Information provided for the present study suggests that meaningful participation of vulnerable populations at risk of HIV infection — notably sex workers, men who have sex with men, and people who use illicit drugs — is impeded in many places by deeply entrenched stigma, social exclusion and criminalization. This is the case even though these groups are best placed to design programmes that will work for them. Respondents and presenters emphasized that criminal sanctions against sex work, drug use and homosexuality impeded meaningful participation in and uptake of HIV service. Not only did criminalized persons have a justifiable fear of processes that may identify them with an illegal behaviour, but they were also often unable to be part of officially registered nongovernmental organizations of the kind invited to Government consultations. Even if they had organizations, those organizations were unlikely to have the resources and experience needed to participate effectively in HIV planning and decision-making. As noted by the Government of Mauritius, the fact of having been in prison or pretrial detention, a frequent occurrence for vulnerable persons in many places, also singled them out for further stigma and exclusion. 16. The 2010 data on the National Composite Policy Index, part of the 2010 report on the Declaration of Commitment on HIV/AIDS, showed that barriers to meaningful participation of vulnerable groups were not coming down. 17. A few countries reported some success in inclusion of key affected populations in HIV-related decision-making. Vulnerable groups were permanently represented on the National AIDS Councils in Mexico and the Republic of Moldova, for example, and were reportedly active in the development of the national AIDS strategy in Guyana. The GE.10-17842 7

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