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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