www.aids2010.org

1. AIDS 2010 Workshop “Changing your Country’s Discriminatory Laws: How to Advocate for the removal of HIV-specific restrictions on entry, stay and residence” Global Overview and Update Ron MacInnis (IAS), in partnership with David Haerry (EATG), Peter Wiessner (DAH), Moono Nyambe (GNP+) www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

2. Terminologies The terminology “HIV– related travel restrictions” is the common reference to restrictions The terminology “travel restrictions” has impeded some advocacy efforts. We now refer to HIV-specific restrictions on “entry, stay, and residence.” www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

3. Globally – 64 Countries have some sort of HIV-entry or residence restrictions* *UNAIDS cites 51 countries, civil society partners cite 51 counries Overview - AIDS 2010 Entry and Residence Restricitons

4. Encouraging Developments 2009-2010 Bulgaria • All HIV testing requirements for long term visitors or immigrants removed from the law by Ordinance no 47, effective December 9, 2009 USA • Entry bar and all other restrictions dropped by January 4, 2010 South Korea • Changes announced January 4, 2010. However, legal restrictions still in place, negotiations ongoing Georgia • New legal regulations introduced effective February 2010, health certificate requirement for obtaining permanent residence was dropped. China • April 28 2010, the Government of China has announced to lift the entry bar against people with HIV/AIDS with immediate effect. Namibia • July 7 2010: Namibian Minister Rosalia Nghidinwa has formally announced to remove all HIV related immigration barriers for people living with HIV from its Immigration Control Regulation. • Thanks to the above, we have substantially less red colour on the world map in 2010. see EATG/GNP+/DAH poster for AIDS 2010 below. Bad news • The deportation index is almost unchanged - 31 countries still do deport people for HIV status. Overview - AIDS 2010 Entry and Residence Restricitons

5. Overall Advocacy Messages Some 63 countries deny entry or residence of PLHIV because of their HIV status only Ignore the evidence re: the way HIV/AIDS is spread Enforce restrictions contradictory to the goal of Universal Access to prevention, treatment, care and support Increase stigma and discrimination of PLHIV HIV-specific entry and residence restrictions curtail important life activities of PLHIV Denial of freedom of movement Affect their health, development and human rights Impact professional and private lives (student, family life, career, etc.) www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

6. Overall Advocacy Messages HIV-specific restrictions on entry and residence do not protect the public health. Relevant statements to this effect - World Health Assembly (1988), Resolution 41.24. “Avoidance of discrimination in relation to HIV infected people and people with AIDS”; 1988 – WHO; Statement advising against screening of international travelers for infection with HIV; 2004 – UNAIDS/IOM Statement on HIV/AIDS-related entry and residence Restrictions – closing borders does not protect public health Restrictions on entry and residence based on HIV status are discriminatory. The enforcement of HIV-specific restrictionscan, and does, violate other human rights. www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

7. Overall Advocacy Messages HIV-specific entry and residence restrictions can impede effective responses to HIV. Assumptions - PLHIV transmit HIV by acting irresponsibly, HIV is brought into a country by foreigners Consequences - treatment interruption while traveling develop a form of HIV resistant to treatment Any exclusion of HIV positive people to avoid potential costs of treatment and support should be based on individual assessment and should not single out HIV. States should determine through individual assessment whether that person will indeed cause such a burden The high cost of medical care for illegal immigrants in the US who present late with HIV infection/illness because they are afraid to seek HIV treatment/testing for fear of deportation. PLHIV bring economic benefits to host countries They live long and productive lives and offer what any migrant shares with his host country: willingness to work and succeed www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

8. Overall Advocacy Messages Most countries in the world do NOT have HIV-specific entry and residence restrictions do not report any problems. International organizations support efforts to eliminate HIV-specific restrictions. - UNAIDS, Global Fund, IAS, many others. www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

9. Overall Advocacy Messages Mobilize awareness and actoin to eliminate HIV-specific entry and residence restrictions GET INFORMED – www.hivtravel.org (country by country status) ADVOCATE AGAINST HIV TRAVEL RESTRICTIONS URGE DIPLOMATIC INTERVENTION LAUNCH PUBLIC AWARENESS CAMPAIGNS MOBILISE YOUR COMMUNITY AND BUILD COALITIONS CALL FOR EXPANDED AIDS PROGRAMMING FOR MOBILE POPULATIONS www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

10. Task Team Charge to Civil Society Recommendations from the Task Team to civil society In its 2008 report, the Task Team recommended that civil society, including people living with HIV, at global, regional and national levels: Promotes and supports the leadership of communities most affected by HIV-specific entry, stay and residence restrictions to work toward the removal of these restrictions Monitors progress towards removal such and encourages further documentation of how such restrictions affect diverse groups of people; Builds and strengthens coalitions against such restrictions, particularly at national and regional levels, through the active engagement of a wide range of partners, including migrant organizations, law and human rights groups, trade unions. www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

11. Civil Society Advocacy • April 2009 Consultation among Civil Society actors recommended the following actions: • Information dissemination through web page www.hivrestrictions.org • Sensitisation of broader community • Re-committing civil society organizations to the issues • Expanding partnerships • Discussion of issue at events • Building country coalitions • Sustaining global and regional advocacy • Inter-regional civil society- driven dialogue bringing together civil society from countries of origin and destination countries • Research and expansion of the database • Increase information and disseminate to relevant sectors Improve and enhance the website and database www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

12. Civil Society Advocacy - Global • Global Collaborative work EATG, DAH, GNP+ and IAS • www.hivrestrictions.org visitors/users of the database can post comments • Each country page also links to “The Global Criminalisation Scan” • Users can now click a category button to have an updated list of countries with specific categories of restrictions:  -Countries without restrictions-Countries with entry bar-Countries with restrictions for short term stays (<90 days)-Countries with restrictions for long term stays (>90days)-Countries with contradictory information-Countries without information-Countries deporting people with HIV • 2010 Quick Reference Guide • Country Level • Development of Civil Society Action Packs at country level • Development of “Civil Society” – friendly version of the Report of the International Task Team on HIV-related Travel Restrictions www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons

13. Civil Society Advocacy – Country Level • Development of Civil Society Action Packs at country level • - For Advocacy to remove restrictions • - For Advocacy to support migrants in countries where export labor is impacted by restricitons • Development of “Civil Society” – friendly version of the Report of the International Task Team on HIV-related Travel Restrictions www.aids2010.org Overview - AIDS 2010 Entry and Residence Restricitons