by James Lutaaya

Created on: July 09, 2010   Last Updated: July 11, 2010

UGANDA NOT READY FOR HIV CRIMINALISATION

 In February 2007 President Museveni hinted on the introduction of a legislation that would punish people who intentionally spread HIV. This was at the end of a two day conference on child and human trafficking organised by Restore International. Never have so few words reversed the development Uganda had put in limiting the spread of and stigma associated with HIV. More than 3 years after, the HIV Prevention and Control Bill was tabled in Parliament in May 2010. However, events leading to this have divided the public and various stakeholders’ opinions on the benefit of the Law; especially since the same offence is covered under Section 171 of the Penal Code Act of Uganda. This states inter-alia that, ‘Any person who unlawfully or negligently does any act which is and which he or she knows or Has reason to believe to be likely to spread the infection of any disease dangerous to life commits an offence and is liable to imprisonment for seven years.’ This Code was adopted on 15/06/50 and 60 years on this provision has not been used to convict any one of sexual transmission because behavioural criminalisation has never been seen as a deterrent as man’s free will surpasses any consequences when he/ she is intent on following it up. Also proof of what happens between two consenting adults in their privacy is hard to come by. Uganda was heralded as the yardstick of HIV prevention due to its abstinence, condom use campaigns, HIV testing and public debates which to a large extent reduced the rate of infection.

The Euphoria that has surrounded the advent of trying to criminalise deliberate HIV infection has negatively impacted on the aforementioned especially increasing stigmatisation of people with HIV, inducing fear of discussing difficulties in managing safer sex, tagging them as potential criminals and creating a false security to people not infected believing they are protected. The UK, whose common law is the guide for Uganda did not spend fortunes enacting a new legislation criminalising HIV infection. They relied on the 1861 Offences Against the Person Act and contrary to Uganda wanting to prosecute for deliberate infection, they have only prosecuted for reckless infection. Reckless infection occurs when a person with HIV was careless before sex because they did not say they had HIV (or lied), or passed it on by not using a condom. They as such did not intend, want or plan for their partners

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