A/HRC/16/69
reform was difficult. The representative of Lebanon at the Geneva consultation reported
that the decriminalization of certain categories of drug offences there had greatly facilitated
the provision of HIV services to people who use drugs. The Executive Director of the
International Harm Reduction Association, a non-governmental organization based in the
United Kingdom, pointed out that drug addiction was described as a “serious evil” in the
widely ratified Single Convention on Narcotic Drugs (1961), language that tended to
encourage demonization and exclusion of people living with drug dependency. The
representative of the Association in the Geneva consultation, among others, called on
Member States and United Nations bodies to recognize and address the fact that drug law at
the national and international levels had been developed largely without reference to human
rights norms. With regard to illicit drugs, sex work and criminalized same-sex conduct,
leadership was urgently needed to change legal frameworks that had allowed the
proliferation of arbitrary arrest and detention, lack of due process and lack of access to
justice.
3.
Sex work
21.
According to the 2010 report on the Declaration of Commitment on HIV/AIDS,
more than 100 countries had criminal laws against sex work or activities associated with
sex work. These laws often gave the police great latitude to arrest and detain sex workers,
sometimes at the cost of violating sex workers’ rights. As ESCAP noted, even in places
where sex work itself was legal, sex workers were highly vulnerable to human rights abuse
and marginalization. At the Geneva consultation, the representative of the Paulo Longo
Research Initiative emphasized that sex workers were often arrested and detained for
infractions of non-criminal statutes relating for example, to loitering and vagrancy. She also
noted that sex workers in many countries had been “rescued” in the name of antitrafficking, sometimes in abusive ways, even when they had not been trafficked and did not
seek to exit sex work. Relatively few respondents noted successes in ensuring meaningful
participation of sex workers in HIV-related decision-making. According to the Best
Practices Policy Project, a non-governmental organization, in the United States, no sex
worker organization had been invited to participate in the development of the 2010 national
HIV strategy, which did not mention sex workers, in spite of overwhelming evidence that
police abuse and other human rights violations undermined sex workers’ ability to protect
themselves from HIV. In Brazil, exceptionally, a national consultation on sex work and
human rights was held in 2008, and the Government had supported the strengthening of a
national sex work network.
4.
Migrants and refugees
22.
The International Organization for Migration stated that migrants were the least
likely of any population to be able to participate meaningfully in HIV decision-making.
Even when they were invited to participate, they often chose to remain invisible for fear of
deportation or arrest. The Office of the United Nations High Commissioner for Refugees
(UNHCR) noted that refugees were often wrongly assumed to have high HIV prevalence or
to be “bringing” HIV into a country. According to UNHCR, some progress had been made,
in that 52 per cent of African countries had included refugees in national HIV plans, and 43
per cent of African countries had included internally displaced persons. Lebanon provided
HIV services to Palestinian refugees within its borders. Nonetheless, many challenges
remained. In Finland, Spain and Sweden, for example, many people living with HIV were
migrants from countries with generalized epidemics; survey responses from those
Governments underscored this fact as a policy challenge. Sweden expected to issue a new
national policy on health services for migrants in 2011. The Government of Costa Rica
noted the difficulty of providing HIV services for persons of irregular immigration status
who did not qualify for health insurance.
GE.10-17842
9
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