Nigeria: Oh the irony - "aggressive dissemination" of HIV-specific law both increases and punishes stigma

It was passed three years ago, but only now has the Lagos State AIDS Control Agency (LSACA), in collaboration with Enhancing Nigerian HIV Response (ENR) and the Lagos State Ministry of Justice begun "aggressive dissemination" of the Law for the Protection of Persons Living with HIV and Affected by AIDS in Lagos state and for other Concerned Matters.

According to the Daily Independent, the law's prime aim is to protect the rights of people with HIV by punishing HIV-related stigma.

Any form of prejudice, negative attitudes, abuse and maltreatment directed at people living with HIV and AIDS amounts to stigma. However, not so known to many people is the fact that committing any of these acts now amount to committing serious legal sins against HIV positive persons, for which some of the punishments are almost as grave as criminal offences.

There are, indeed, some positive provisions in the law which punishes breaches in healthcare worker-patient confidentiality and employer and landlord discrimination of people with HIV. It also criminalises bogus claims of HIV 'cures'.

To make this law work effectively, a Justice and Human Rights Watch Group is to be established. The group, which shall be under the control of the Lagos AIDS Control Agency, would be responsible, by law, for the monitoring and implementation of provisions of the law.

Ibirogba said, “Part of the policy which informed the drafting and subsequent passage of the law was the fact that Lagos state is most concerned about the plight of the affected persons, especially in terms of discrimination and stigmatization in hospitals, their neighbourhood and places of work.

Head of LSACA’s project Office, Dr. Olusegun Ogboye, said the agency would do everything possible to ensure the law is disseminated across as many Nigerians in Lagos.

ENR coordinator in Lagos, Dr. Olusegun Oyedeji, however cautions that HIV positive people should not take advantage of the law to ‘stigma people who are HIV negative or make unprincipled demands.’

“It will not make sense for any person to demand for special attention or ask for more than what he or she deserves because he or she is HIV positive,” Oyedeji said at the dissemination forum, which also had People Living With HIV/AIDS in attendance.

However, and without a hint of irony, it notes that – in my opinion – a poorly-written, vague and problematic statute in the law

makes an offence punishable with various jail terms up to 10 years imprisonment and fines for anyone who intentionally infects others with the Human Immunodeficiency Virus (HIV) that causes the Acquired Immune Deficiency Syndrome (AIDS).

Director at Citizens Rights directorate of Lagos state ministry of Justice, Mrs. Omotilewa Ibirobga, who gave insights on the law during the dissemination meeting at Cheers Hotel, Ikeja, Lagos , said “Section (18) subsection (1) is clear about this.”

The section reads; “Any person who willfully or knowingly endangers other persons by infecting them with the AIDS virus, commits an offence and shall be liable on conviction to a fine not exceeding N200,000 or imprisonment not exceeding 10 years or both fine and imprisonment.”

Across the continent in Uganda, international civil society Organisations, academics and HIV professionals met with the social service committee of the Parliament of Uganda last month to argue that similarly worded criminalisation statutes in the HIV/AIDS Prevention and Control Bill will increase HIV-related stigma.

[We] are of the view that crucial provisions of this law constitute a step back to the pre-1987 time when ignorance, fear, stigma and discrimination were the hallmarks of national engagement with the crisis. Namely mandatory testing, that is to say testing of a person for HIV without their knowledge and informed consent; mandatory disclosure, that is to say disclosure of a person’s HIV status without their knowledge and informed consent; and criminalization of intentional transmission of HIV.

Nigeria: Two year sentence for raping and infecting girl with HIV

A 29 year-old man from Umuahia, Nigeria, has been sentenced to two years in prison after pleading guilty to rape and indecent assault after raping an eight year-old girl who subsequently tested HIV-positive.

According to the story from the Daily Independent (Lagos), reproduced on allafrica.com:

The magistrate, Kanu Onuma, in his judgement, observed that the offence was committed last year, adding that the charge was brought to the court in April 2009, while the law says that rape charges be brought to court two months after the offence was committed.

He said he could not convict the accused for rape but for indecent assault and described his action as satanic not only for raping an innocent girl but also for further transmitting HIV to her.

Onuma urged the Nigerian Security and Civil Defence Corps (NSCDC) that arrested the man to ensure that the girl was placed on anti-retroviral drug and make the proceedings known to the Child and Human Rights group so they can help her further.

Nigeria: Man who drugged and stole from sex workers claims he intented to infect them with HIV as revenge

A Nigerian man who drugged, kidnapped and stole from female sex workers, told the court during his sentencing that his intention was to "spread HIV/AIDS" in revenge for becoming infected by a sex worker.

The Nigerian Daily Sun seems more concerned about the details of the articles stolen from the sex workers than anything else, and also, rather unethically, prints the names and addresses of his victims.

The man was sentenced to five years in prison, although his intention to infect the women with HIV did not appear to play a role in his sentencing.

Wicked mission
Convict confesses embarking on ‘operation spread HIV/AIDS’
By MATTHEW DIKE
September 13, 2008

It is no longer news that Ifeanyi Okafor, the 26-year-old man who drugged harlots, had sex with them before carting away their money and other valuables, had bagged a five-year jail term. What is new is that the man said his intention in embarking on his evil plan was to spread HIV/AIDS.

Before Okafor was sentenced, Okafor, he told the Magistrate, at the Apapa Court 6, Lagos, that his going from one hotel to the other, was to spread HIV/AIDS he got from a prostitute. According to him, he was on a revenge mission.

Okafor, who stood trial on a five-count charge, pleaded guilty to all the charges. Each charge attracted one-year jail term.

The Magistrate, Mrs. K.O. Doja-Ojo, did not waste any time in sending the accused to prison after reading out the charges against him.

The first count charge read: “That you, Ifeanyi Okafor,‘male’ on the 28th day of July, 2008 at White Castle Hotel, Apapa, in the Apapa Magisterial District, did drug one [X], ‘female’ of [X] Street, Apapa, and stole her two GSM handsets, one gold chain,one wristwatch and N6,000, all valued at N130,000 and thereby, committed an offence punishable under Section 390 (9) of the original Code Cap 17 Vol. 2 law of Lagos State of Nigeria, 2003.

The second charge was that on July 16, 2008, at Doris Hotel, Apapa, the accused drugged one [X] and stole her pendant, gold chain and Nokia GSM phone.

Count three was that Okafor drugged [X] of [X], Olodi-Apapa, Lagos and dispossessed the victim of Nokia handset, gold chain, gold necklace and cash of N2,000, all valued at N140,000.

In count five, the suspect was accused of escaping from lawful custody, thereby, committed an offence punishable under Section 135 (A) of the Criminal Code, Cap 17 Vol. 2 laws of Lagos State of Nigeria 2003.

A victim, [X], told the court how the accused went to her room at Doris Hotel, Apapa, Lagos, on July 4, 2008, and stole her three GSM handsets, two wristwatches, two necklaces and N6, 000, all valued at N24, 000.

Another victims, Elizabeth, told Saturday Sun that the accused had drugged and stole her money before locking her up in the hotel room. The accused allegedly escaped with the keys, while the lady was a prisoner for three days, falling become unconscious, before the hotel management broke the door and revived her.