Promoting and protecting the rights of key population |07 September 2017

Seychellois Ronny Arnephy making his presentation

The second regional capacity strengthening convening for African National Humans Rights Institutions has been taking place this week in Johannesburg, South Africa.

The aim of the meeting is to provide space for National Human Rights institutions to learn and share experiences from one another.

Some 35 participants from 28 countries from the Southern and Eastern Africa, including Seychelles, are taking part in the meeting, focusing on key populations, human rights and HIV.

The theme of the four-day open dialogue meeting, which opened on Monday and ends today, is ‘Promoting and Protecting the Rights of Key Population: Making the Rights a Reality’. This is by fighting to eliminate discrimination and stigmatisation of people living with HIV, tuberculosis, along with other key population issues so that human rights are respected.

The criminalisation of sex work, drug use, same sex practices, as well as the lack of legal recognition of gender identity, high levels of violence, discrimination and denial of health care experience by these populations, undermine their human rights to health, equality and dignity.

Seychelles is being represented by Ronny Arnehpy from the Lesbian, Gay, Bi-sexual, Transgender and Intersex (LGBTI), a newly formed organisation. Mr Arnephy made a presentation on the successes and challenges being faced in the protection of key populations in Seychelles and on the different institutions and laws in place to ensure their protection.

“Seychelles is very progressive in the protection of key populations even though much more needs to be done. We’ve conducted national research and monitoring on people who inject drugs, on sex workers, sexual orientation and we are working in close collaboration with the government, the parliament and the Human Rights Commission, among other stakeholders involved in the protection of key population,” he said, adding that even though not approved by all, Seychelles has decriminalised sodomy and participants wanted to know how it came about.

Also present at the convening as observers and also to learn on the work of the Aids and Rights Alliance for Southern Africa (Arasa) are four journalists from the print media -- Benmict Tembo from the Zambian Daily Mail; Kondwani Kamiyala from Nation Publications LTD, Malawi; Rachel Raditebe from the Botswana Guardian/Midweek Sun and Patrick Joubert from Seychelles NATION.

The meeting was organised by Arasa and the Network of African National Human Rights Institutions (NANHRI) under the Africa Regional Grant on HIV: Removing Legal Barriers.

In her opening remarks to launch the convening, held in the conference room of 20 West Capital Hotel, NANHRI representative, Marie Ramtu, told the delegates to bear in mind that the dialogue between them will be centred on human dignity.

“We may not agree on each and every issue but above all let us listen to each other and learn from each other,” she said, adding “drawing from the first convening held in November last year, challenges in the operational context may make it difficult to realise the human rights of key population around HIV and tuberculosis are acknowledged. In spite of this, we should never give up”.

The director of Arasa, Mikaela Clayton, thanked the delegates for attending the meeting and said, “we want to ensure that the African National Rights Institutions have what they need to promote human rights and human dignity of key populations”.

Delegates discussed and aired their views on the various presentations made by key presenters on topics such as understanding key and vulnerable populations, equality and non-discrimination, linkages between HIV, TB & human rights, access to justice for key populations in places of detention, criminalisation of HIV transmission, exposure and non-disclosure, among other topics.

Delegate George Morara from the Kenyan National Commission on Human Rights, said “we are working very close with the judiciary and other key actors to ensure that we do away with those petty laws in our penal code that really help to create space for violation of human rights for the key populations. When you look at the law on sexual  minority as we call them the Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI), it is a law which is in our penal code which most Anglophone countries criminalise, what they are calling having sex against the order of nature. We are very keen on trying to address that through changing that section of the law”.

Mineille Rabenoro, president of the National Human Rights Commission in Madagascar, said a lot needs to be done for the protection of key population and there is no law for the protection for people living with HIV.

“We also have young under-age pregnant girls which are being denied their rights to continue with their education as they are prevented from attending school even though with the approval of the Ministry of Education,” she said.

A partial view of delegates at the meeting

 Text and photos by Patrick Joubert in Johannesburg