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RESOLUTION 1325
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TIME FOR A SERIOUS PEP TALK ON
GENDER VIOLENCE AND HIV AIDS
By Colleen Lowe Morna, Windhoek
November 25, 2003 (Media Institute of Southern
Africa - Windhoek) The bevy of ministers who lined up for the launch
of this years Sixteen Days of Activism Against Gender Violence campaign
is a welcome sign that the daily violation of women's rights has
finally registered on the political agenda.
Unfortunately, the link between gender violence and the twin scourge
of HIV/AIDS has not. As politicians warming up for elections hit
the campaign trail during this period that runs from International
Day on No Violence Against Women on 25 November to Human Rights
Day on 10 December, a critical clause is being quietly dropped from
the Sexual Offences Bill being rushed through parliament.
The deleted Section 21 provided for Post Exposure Prophylaxis (PEP),
a cocktail of anti-retroviral drugs that can reduce the chances
of getting HIV/AIDS after a sexual assault if taken within 72 hours.
The reasons given include costs and concerns about litigation.
PEP is currently provided for in policy. But the government's general
reluctant stance on anti retroviral drugs has led to the issue being
at best, put on the backburner, and at worst not given the prominence
and public awareness that it should.
While the government is urging the nation to break out in white
ribbons during the Sixteen Day campaign, it has been left up to
NGOs to urge that we break out in white and red ribbons: and to
understand the link between the two. The NIISA Institute for Women
that first popularised the white ribbon will lead the white and
red ribbon campaign.
Meanwhile, Gender Links, Amnesty International and 25 NGOs across
the country will drive a PEP Talk campaign in four languages to
raise awareness on this vital provision. The campaign will include
door- to- door visits to hospitals and clinics to find out if the
drugs are available and how they are administered, peaking on World
AIDS day on 1 December.
The facts are sobering. In its latest crime report, the South African
Police Services (SAPS) says that 45 percent of men arrested for
rape are HIV positive. Even if there are doubts as to the accuracy
of these statistics, we know that the majority of those who rape
fall within the age bracket that has the highest HIV/AIDS prevalence
rate. And the likelihood of contracting the virus is greatly increased
where sex is coerced.
Consider what a woman has to go through within 72 hours of what
is probably the most traumatic experience of her life. She must
report the rape to the police station, where she will be lucky to
be treated with any kind of privacy, let alone decency. Then she
must get a medical examination- vital proof for the rape case.
Now, to add to all this, she must ask the hospital about PEP. The
first thing they will ask is for her to take an HIV/AIDS test. To
put it bluntly, if the woman is already HIV positive, there is no
point in administering the crash course of drugs. So, within 72
hours of being raped, a woman might have to deal with the double
trauma of sexual assault and finding out that she is HIV positive;
a counselling challenge that few health facilities are equipped
to deal with.
And if the woman is HIV negative, she has a twenty- eight days course
of treatment to take, not to mention the anxiety over whether it
will work and what the final outcome might be.
In a recent desktop study on PEP, the AIDS Law Project of the Centre
for Applied Legal Studies struggled to get meaningful responses
from health facilities in several provinces on how the treatment
is being administered.
Anecdotal evidence suggests that at best hospitals have the drugs,
but limited counselling facilities and at worst they have neither.
On the legal front, there is a sense of de jevu about the way in
which parliament is rushing through the Sexual Offences Bill that
has many progressive provisions, like a gender neutral definition
of rape and stiff penalties. In 1998, parliament similarly dashed
off the Domestic Violence Act (DVA) before the 1999 elections. One
of the casualties is that the bill was not properly budgeted for.
Ironically, this is now being used as an argument for dropping PEP
from the Sexual Offences Bill.
It is a cheap cop out. The provisions contained in the DVA such
as special court facilities for addressing gender violence is what
has made it possible to oblige the government to put its money where
its mouth is.
If the government is genuine about PEP, there is nothing to fear
about putting it in law. If it is not, then the law is the only
safeguard for women who now daily live with the fear not just of
bodily violation, but also of the death threat that looms with it.
Can there be any doubt about the obligations of the state in such
circumstances?
This year is also the tenth anniversary of the Vienna Declaration
on Human Rights that first stated that women's rights are human
rights. If we are to give meaning to these words, there is need
for a serious pep talk on gender violence and HIV/AIDS amid the
campaigning cum electioneering of the next few weeks.
(Colleen Lowe Morna is director of Gender Links. This article is
part of the Gender and Media (GEM) opinion and commentary service.
For more information on this and the Pep Talk campaign go to www.genderlinks.org.za).
From: http://allafrica.com/stories/200311250619.html
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