Category: News & Politics

Alarm as Uganda moves to criminalise deliberate HIV transmission

Activists in Uganda, where HIV prevalence is on the rise, have warned that new legislation criminalising deliberate transmission of the virus will further undermine efforts to stem the Aids epidemic and erode the rights of those living with HIV.

As well as setting out fines and jail terms of up to 10 years for those found guilty of “willful and intentional” transmission, the HIV/AIDS Prevention and Control Bill, passed by Parliament on May 8 and now awaiting presidential assent, also obliges pregnant women and their partners to take HIV tests, and in some circumstances empowers health workers to unilaterally disclose a patient’s positive status to an at-risk partner or household member. It also obliges parents to tell their children of their status.

“Despite years of engagement and labouring to explain the dangers on an HIV-specific criminal law, Parliament has refused to be advised. When experts on HIV research and management attempted to speak, [lawmakers] still failed to heed to the key concerns,” Dorah Kinconco Musinguzi, executive director of Uganda Network on Law, Ethics and HIV/AIDS (UgaNet), told IRIN.

“If we have not managed to test 67% of Ugandans for HIV without a law that punishes transmission, will this number improve when citizens know that more legal burdens are added to testing? The answer is no. Will their behaviour improve because of this fear? No. Will we have helped the HIV situation then? No. We shall have more people transmit HIV in ignorance of their status. Laws do little to change behaviour, instead it takes behaviour underground,” she said.

Over the past five years HIV prevalence in Uganda has risen from 6.4% to 7.3%.

“The evidence from the Ugandan Ministry of Health shows clearly – criminalisation of HIV doesn’t work. It drives people away from services and fuels discrimination and fear,” Asia Russell of the HIV advocacy organisation Health GAP, told IRIN.

(Pic: Mujahid Safodien / IRIN)
(Pic: Mujahid Safodien / IRIN)

Alex Ario, the national co-ordinator of the ministry’s AIDS Control Programme (ACP), said “the Bill may not be that useful in my view. It does not add value to the current efforts. Actually, with dwindling support from donor communities to ACP as it is now, we would rather divert efforts to lobby government of Uganda to put more money for HIV activities rather than legislating against people with HIV.”

“We need to redirect legislative reform, and law enforcement, towards addressing sexual and other forms of violence against women, and discrimination and other human rights violations against people living with HIV and people most at risk of exposure to HIV,” he said.

Russell added that in conjunction with the Anti-Homosexuality Act, which passed into law in February 2014, this new law could lead “a sex worker apprehended for sex work, who is transgender and HIV positive, [to] be sent to prison for life.”

UgaNet’s Musinguzi said: “This [Bill] will hurt the women we have been encouraging to come up to take an HIV test such that they can have HIV-free children. But in this case, they will be forced to disclose their results and should they fear, and not do it in time, that means that they are potential candidates for [prosecution under] the Bill…

“There is high likelihood that justice will not prevail for the HIV-positive [people] found in this situation because of the high levels of stigma and condemnation that we have seen the HIV-positive go through,” she added.

More than 150 000 people are becoming HIV-positive every year; 1.5-million Ugandans are HIV-positive, according to Uganda Aids Commission statistics.

The Bill also flies in the face of the “rights-based” approach to HIV embodied in the regional HIV/AIDS Act passed in April 2012 by the East African Legislative Assembly.

Those in favour… 
Meanwhile, some MPs have been defending the Bill.

“Every piece of legislation is to prevent mischief. The Bill is both [a] legal and moral thing. We want to reduce down HIV deliberate infections,” Medard Lubega Ssegona, opposition shadow minister for justice and constitutional affairs, told IRIN.

“The Bill will encourage more people to go and test for their good. It will compel two consenting adults to test before they engage to each other because of the sanctions of false disclosure,” he said, adding: “The deliberate infections have caused a lot of burden [on] our economy. The government spends a lot of money on treating and taking care of people who have [been] deliberately infected by people with bad hearts. This is going to stop.”

Olivia Kwagala Kabaale, a legislator from the ruling National Resistance Movement party, said: “The mandatory disclosure will help to protect those who take care of the HIV sick people. Some of these people don’t want to disclosure their status yet they pose a risk of transmission of the virus to others.”

Laws in Burundi, Kenya and Tanzania also criminalise deliberate HIV transmission, leaving Rwanda the only member of the East African Community not to do so.

The new Bill also establishes the legal framework for an HIV Trust Fund to finance local-level programmes using money generated by levies on bank transactions and savings interest, air tickets, beer, soft drinks and cigarettes, as well taxes on goods and services traded within Uganda.

“The Bill is creating [an] HIV trust fund which is going to help the government raise local funds to support the HIV programme. It’s a right time for us now as a country to mobilize our own resources to fight the epidemic. We have been depending on donor support for our HIV fight,” said Kabaale.

Bring back our girls and our country, President Jonathan

I watched the first lady of my country, Nigeria, shed tears for the abducted Chibok girls over two weeks after they went missing. I didn’t actually see the tears fall: she covered her face with a large tissue.

Her husband, President Goodluck Jonathan, went on a political rally in the northern city of Kano two days after the girls were abducted. The 2015 elections are, after all, only a year away. Issues such as addressing the nation over the schoolgirl abductions, and the bomb blast in Abuja days later, which killed 70 people, are obviously less pressing in nature.

Yet on national television last Sunday, the president promised Nigeria: “Wherever these girls are, we’ll surely get them out.” It’s amazing what a little international scrutiny will do. We have discovered the power of the hashtag over the last week. The simple, emphatic demand #BringBackOurGirls has moved across the Twitter timelines of the famous and the unknown, uniting Nigerian housewives and the US secretary of state, Hillary Clinton. Protests have spread from Abuja to Lagos, London and Washington; CNN, the BBC, al-Jazeera and other international media organisations have flocked to the protest sites, building momentum. And now Barack Obama has called for the world to act against Boko Haram, the terror organisation that kidnapped the girls.

Protesters hold signs during a demonstration on May 6 2014 outside the Nigerian embassy in Washington, DC. (Pic: AFP)
Protesters hold signs during a demonstration on May 6 2014 outside the Nigerian embassy in Washington, DC. (Pic: AFP)

And yet, as elated as I am over the overdue coverage this issue is finally receiving, I cannot help but wonder what comes next. When the girls are released, will they be returned to a country where they are not at risk of being abducted again? Will they be released to families that are safe from the threat of Boko Haram attacks? Will they come home to a Nigeria where the money meant for their education, their health and their future is not siphoned off into accounts around the globe?

Viewing the events surrounding the Chibok abductions, I am reminded of the Occupy Nigeria protest of January 2012, when thousands demonstrated over the sudden removal of a national petrol subsidy, causing fuel prices to double overnight. Like the #BringBackOurGirls movement, Occupy Nigeria migrated from Twitter through street protests to international coverage. The government was forced to the negotiation table. As the world looked on, causing our leaders to squirm, it was the time for us to call for the Nigeria we wanted, to demand transparency, education and better infrastructure.

But the negotiators were blinkered. They could ask for only one thing: a restoration of the subsidy. And when the petrol pump price was reduced, although not to former levels, it was as if a small victory had been won.

What victory, when our legislators were still the highest paid in the world? When our children were still some of the most illiterate in the world? When our youths suffered one of the highest levels of unemployment in the world? None of these issues had been addressed, not even when the world was watching and our government, unembarrassed by the plight of its citizens, was shamed under the vast lens of the international media.

We cannot let this opportunity pass a second time, for who knows what even greater tragedy will cause the world’s attention to return to Nigeria? Now is the time for us to widen our protest; now is the time to ask what country these girls will be returned to.

What happened to the trial of Senator Ali Ndume, alleged sponsor of Boko Haram insurgents? Why, despite the billions allocated to defence, are the insurgents reportedly better equipped than our soldiers? Why do Nigerian girls remain among the most uneducated in the world? Why has polio not been eradicated in Nigeria? Where is the $20bn that our central bank governor discovered was missing from our treasury this year? And, of course: where are our girls?

This Friday I will join hundreds of people in front of the Nigerian high commission in London to protest at the abduction of our girls and the abduction of our country. Mr President, it’s not too late for you to become the leader we elected you to be. Take your eyes off the 2015 elections and focus on the matter at hand. Bring back our girls. Bring back our money. Bring back our country.

Chibundu Onuzo for the Guardian

Kenya: Dozens dead after drinking illegal alcohol

(Pic: Gallo)
(Pic: Gallo)

At least 50 people in Kenya have died this week from drinking illegal liquor, local media and officials said on Tuesday.

They said dozens more people were hospitalised and several went blind. Television footage showed victims writhing in pain in hospitals in the eastern and central counties of Embu, Kitui and Kiambu.

In Kiambu County, where 11 people died, Police Commander James Mugera said authorities were looking out for more victims. Embu Police Commander William Okello said at least 24 people died while 77 were in hospital after consuming the brew.

Kenya’s KTN television reported a total of 50 deaths, while Citizen TV report 61 deaths.

The spirits probably all originated from one batch, John Mututho, chairman of the state-run National Authority for the Campaign Against Alcohol and Drug Abuse, told Citizen TV.

Drinking dens selling illicit home brews from jerry cans are common in the back streets of many Kenyan towns and villages. They prompted Mututho, a former lawmaker, to sponsor a landmark alcohol-control law in 2010, but the law has proved ineffective.

“One of the ladies who is now blind said they started drinking at 5am.,” Mututho told Citizen. “There is no outlet in Kenya which is authorised to open at 5am. In fact, the earliest it should be (is) 5pm.”

In June 2005, 45 people were killed from illegal alcohol laced with methanol to boost its strength. Five years earlier, about 130 people died from a toxic batch in Nairobi.

Dear President Zuma

An open letter to South African President Jacob Zuma from a young citizen.

Jacob Zuma (Pic: Gallo)

Dear Mr President

I hope you are well today and thank you for taking the time to read my letter (just practising). I can only imagine how busy you are. It’s the big day, election day. I have been waiting for this day for so long. You see, I love politics and I cannot express enough in words or actions how honoured I feel to cast my vote. It is my second time voting, but it feels like my first.

As a country, we need to just breathe and be grateful. Twenty years of democracy is an achievement, don’t you think? Yes, we have a long way to go but let’s think about what we have now that we didn’t have 20 years ago. I know some people give you a hard time and say that nothing has changed, but I want to believe that deep down in their hearts they are telling a different story.

But Mr President, I write this letter with a broken heart and a deep frustration. I look around and see young people graduating, but the minute they get off that stage they become a statistic that contributes to the unemployment figure in this country. Luckily South Africa’s unemployment rate eased to 24.1% in the fourth quarter of last year from a revised 24.5% in the third. According to Stats SA, the number of jobs had increased by 141 000 in the quarter, largely because of an increase of 123 000 jobs in the informal sector and 64 000 jobs in the formal sector. Quite an achievement, Mr President. But I must say things feel like they are becoming unbearable.

The cost of living has become too high. I recently discovered that there are people out there who earn a salary of R2 500. I am not referring to internships here, I am talking about people who have worked for years in a particular company. I was once that person but I had the advantage of living at home, therefore I did struggle much to survive.

The second thing that breaks my heart is the allegation of you spending more than R200-million on your private property. Really? R200-million, Mr President? No disrespect towards you or your family, but if this is true, did you really need that much to build and upgrade your own property? Whatever your reasons were, in the process of planning did you think about those who don’t live life but are forced to survive because of extenuating circumstances? I don’t want to believe that you upgraded Nkandla without considering the service delivery that still needs to be attended to more than ever. RDP houses still have to be built and the education system is shocking, from textbooks to children still being taught under trees. Yes, things have changed, but there is still more to be done.

This country is angry, Sir. Young people have a growing anger in them and I fear for the future. I feel as though one day our people will release their anger and it won’t be pleasant. The Egyptian people in 2012 came together, walked down the streets and voiced their concerns. Violence erupted and suddenly it was the people who were fighting back. They overthrew the government, living by the rule that says the people shall govern. I don’t want that to happen to us, I don’t want my people to resort to violence to be taken seriously by those we thought could rule this country better. If that happens, innocent people will be hurt and we won’t be moving forward as a country.

Mr President, you talk a lot but let’s try something new for a change. Listen to your people, we did put you in the position that you are in. We listened to you when you were campaigning for our votes and you became the president of South Africa. Take a minute of every day of your life and listen to the cries of the people. We don’t feel politically cheated by your actions, but I for one feel socially and emotionally cheated. I trusted you but I feel as though you have broken my trust. People are painting you as a selfish leader and no matter how hard I try to defend you and convince myself that’s not true, my heart breaks.

I hope these allegations about you are wrong because if they are true, I fear voting for the ANC because you will win and be the president again. Will you spend R200-million for your personal use again? Can you promise me that? I don’t want to vote for another political party other than the ANC but I fear, I fear that you will remain as the president and you will continue not to listen to my people.

My only plea to you is that if the ANC wins the election, please step down and give someone else the opportunity to rule this country. You have done well, Mr President, but I feel your time is up.

Kind regards,

Sindiswa Nene

This article is published in partnership with inkulufreeheid.org – a non-partisan, youth-led organisation that innovates engagement and ignites action on democratic, social and economic issues in South Africa with the aim of advancing the implementation of solutions to those issues.

Zimbabwe learns to laugh at itself – but just how much?

Zimbabwe’s largest arts event, the Harare International Festival of the Arts (Hifa), came to a controversial end last night when popular South African Afro-fusion band, Freshlyground, was prevented from performing its closing show. With the highest priced ticket – US$25 – of all the performances at this year’s Hifa, the band was set to bring to an end the 15th edition of the festival, held under the theme ‘Switch On’.

Fielding questions from Zimbabweans via Twitter late last night, the band stated that upon arrival at Harare International Airport yesterday, they were immediately ordered to leave the country with no explanation offered.

The only plausible reason for this, and their inability to gain accreditation to perform, is the 2010 release of their song Chicken To Change. The music video features President Robert Mugabe as a latex puppet in a re-enactment of his 1980 Independence speech. The video incorporates political characters derived from the satirical South African show, ZA News, including Jacob Zuma, Helen Zille, Zwelinzima Vavi, Desmond Tutu and Nelson Mandela. Towards the end of the video, Mugabe’s caricature turns into a chicken, underscoring the song’s message that the leader has lost his standing and respectability due to an inability to change with the times.

In the same year as the song’s release, Freshlyground had their working visas to Zimbabwe revoked just before a scheduled performance in Harare. Before the release of Radio Africa, the album which features Chicken To Change, the band had previously played in Zimbabwe at the 2009 National Arts Merit Awards (NAMA) ceremony and at Hifa in 2004.

Mixed emotions have been expressed by Zimbabweans via social media about the cancellation with some feeling that state censors have acted irrationally to curtail freedom of artistic expression, while others feel that the festival organisers should not have publicised the band’s appearance if accreditation for the performance was not guaranteed. Some feel that the group should not have expected entry into the country again after releasing their controversial 2010 song.

Not the only controversy at this year’s festival, the play Lovers in Time came under intense scrutiny – from both the state and the public –  for its reworking of the historical narrative of the 1800s anti-colonial figures, Mbuya Nehanda and Sekuru Kaguvi, who are transported into contemporary post-colonial Zimbabwe wherein they switch sex and race and experience Zimbabwe in different bodies.  Its last showing yesterday was delayed by almost 30 minutes and featured police presence and audience protest.

Stand-up comedy
Amid the web of controversy, stand-up comedians seems to somehow have managed to get away with it at this year’s festival.

Two of the comedy shows on offer, 75% (comprising three local comedians, Comrade Fatso, Michael Kudakwashe and Clive Chigubu) and Carl Joshua Ncube’s one-man act held audiences in braces of laughter with jokes about the adventures and misadventures of Zimbabwean life.

Attracting a racially mixed audience at the Reps Theatre auditorium – a venue of historical privilege which is still patronised by a largely white audience in between Hifa performances – the performers showed a consciousness and ease about discussing race. In one of his skits, Kudakwashe joked that while the black people in the audience may have had reservations about coming to the show, they couldn’t resist it when they heard it was comedy (as opposed to high art). Also, Comrade Fatso took to unpacking the different colloquialisms used among Zimbabweans – black, white, Indian and coloured – to show their concurrent hilarity and inaccessibility to those outside each racial grouping.

While it might seem risqué for a white performer in Comrade Fatso (real name Samm Monro) to make fun of race, he is of the long tradition of satire and political commentary in Zimbabwe. Starting out about a decade ago as a dreadlocked spoken word artist, his moniker is a deliberate play on the socialist tradition of comradeship among Zanu-PF’s leadership, while Fatso is a common corruption of the Shona name, Farai, which Monro has adopted. Monro is also co-anchor of Zimbabwe’s satirical comedic news show, Zambezi News, which provides commentary on politics and the state in Zimbabwe.

Nevertheless, it was Carl Joshua Ncube who raised the stakes higher in his one-man act. Everything came under humorous attack including the weakened MDC party, the state broadcaster’s idolisation of Mugabe and tribal differences among Zimbabweans, which all elicited howling laughter.

Carl Joshua Ncube. (Pic: Fungai Machirori)
Carl Joshua Ncube. (Pic: Fungai Machirori)

“Initially, political comedy had to be ambiguous because people always felt that if you made fun of Mugabe you were MDC, and if you made fun of Tsvangirai, you were Zanu-PF,” he states.

Joking about religion
When Ncube turns his humour to religion, however, the contrast is striking. Stifled audience response is offered as he makes a sexual joke veiled as a prayer and when he references the popular Pentecostal prophet, Emmanuel Makandiwa, who has promised to walk on water.

“My biggest challenge right now is religious leaders,” says Ncube adding that he has received death threats from church leaders and congregants of different churches and denominations he makes jokes about.

Ncube identifies as a Christian.

“Right now, I am deliberately holding back a lot of content because I need to get to a point where I am not seen as the anti-Christ,” he adds.

Ncube, who has steadily become a household name in Zimbabwean comedy, sees increasing acceptance of his more political content as a natural progression of political discourse in Zimbabwe; something which is not apparent in religious discussions.

Zimbabwe-born Takunda Bimha, founding director of the South-Africa based comedy agency, Podium The Comedy Merchants, concurs.

“Compared to South Africa, it’s been a lot more difficult to get a comedy industry going in Zimbabwe given the many issues the country is going through and the obvious sensitivities around politics and religion,” he observes.

Bimha’s agency has managed big South African names in comedy including Trevor Noah and currently boasts names like Kagiso Lediga and Loyiso Gola.

“Comedy comes from pain and a place where you need to say something,” Bimha adds. “And given Zimbabwe’s circumstance, this makes for great content.”

While this year’s local Hifa comedy performances have shown an increasing ease among Zimbabweans to laugh at themselves, they also underscore that with the return to one-party rule and the seeming demise of the MDC, religion is increasingly gaining purchase as the new and untouchable political paradigm in Zimbabwe.

At the same time, it is also clear that Zimbabwe’s political history remains off limits to humorous representation and artistic re-interpretation.

Zimbabwe can laugh … just not at everything.

Fungai Machirori is a blogger, editor, poet and researcher. She runs Zimbabwe’s first web-based platform for womenHer Zimbabweand is an advocate for using social media for consciousness-building among Zimbabweans. Connect with her on Twitter