A/HRC/16/69 representative of Lebanon at the Geneva consultation described his country’s sustained effort to overcome “misconceptions, taboos and discrimination” against vulnerable groups. 18. United Nations and Government respondents from several countries, including Belize, Bulgaria, Chad and Croatia, reported that country coordination mechanisms for activities related to the Global Fund to Fight AIDS, Tuberculosis and Malaria and United Nations theme groups on HIV/AIDS had facilitated meaningful participation of key affected populations. The Government of Belize noted, however, that participation of marginalized persons on the country coordination mechanisms was often of a token nature because these groups were not taken seriously or did not have the capacity to participate effectively. Global Fund “community strengthening” grants were looked to in several countries to build capacity of organizations of vulnerable populations. The Government of Brazil saw investment in social movements and their participation as central to the HIV response. In its submission, Mexico reported that its national centre for HIV/AIDS prevention and control gave financial support to non-governmental organizations representing vulnerable populations. Deep challenges remain, however, with respect to key affected populations. 1. Men who have sex with men 19. The International HIV/AIDS Alliance emphasized the marginalizing effect of laws criminalizing homosexuality in over 86 countries. UNDP, for example, reported that the HIV response in many countries was undermined by discrimination and violence against men who have sex with men that were not publicly condemned or prosecuted. UNAIDS noted that the national AIDS response in India was aided greatly by the landmark court decision of 2009 that overturned its Victorian-era sodomy law, but added that much remained to be done to ensure that non-discrimination was a reality for men who have sex with men and lesbian, gay, bisexual and transgender persons. According to UNAIDS, criminal law on same-sex conduct as a source of stigma and discrimination directed against men who have sex with men drives them underground, out of reach of HIV services. Mauritius cited its achievement as one of only a few African countries that had legal prohibitions against discrimination based on sexual orientation. At the Geneva consultation, a representative of the Brazilian lesbian, gay, bisexual and transgender persons’ rights organization, AGBLT/Grupo Dignidade, described the three-year struggle of the organization to gain observer status of the Economic and Social Council as a step to meaningful participation in United Nations processes. This milestone had been achieved thanks partly to support from the highest level of the Government of Brazil. The representative of France at the Geneva consultation noted that the endorsement by over 60 countries of a 2008 statement in the General Assembly condemning discrimination based on sexual orientation and gender identity and related abuses showed that progress was possible on politically difficult issues. 2. Drug use 20. Non-governmental organizations and United Nations bodies in several countries noted the absence of recognized organizations of people who use drugs as a barrier to their participation. A number of countries reported that people who use drugs participated in HIV responses largely as peer educators and outreach workers, and did not have a meaningful voice in the design of programmes and policies. According to the Canadian HIV/AIDS Legal Network, a non-governmental organization based in Toronto, while Canada had many networks of people who use drugs, those organizations had been excluded from the formulation of the national drug policy in 2007, which eliminated harm reduction as a “pillar” of the policy. Responses from several countries noted that reform of repressive drug laws was the key to enabling meaningful participation of people who use drugs in health policy and programmes, although mobilizing political support for such 8 GE.10-17842

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