Authors
Phathisani Sibanda( Regional Key Populations officer: ARASA)
Thuthukile Mbatha (Regional Advocacy Lead: ARASA)
The festive season is a joyous time that offers an opportunity to take stock of the year’s achievements, and successes. As we wrap up the year and reflect on what can be done better in the new year, let us not forget the challenges that have threatened the status of human rights particularly for vulnerable and marginalised populations. As we pen down this article, we are mindful that this not an ordinary week, it marks the culmination of 16 days of activism against gender-based violence (GBV), human rights day and Universal Health Coverage (UHC) day which are all critical for reflection on our successes, shortfalls, way forward, and renewal of our commitment to the advancement of human rights, especially those related to sexual and reproductive health. The main purpose for this article is to demonstrate the importance of centering human rights in addressing Sexual and Reproductive Health and Rights (SRHR), HIV/AIDS and UHC issues by duty bearers, rights holders, Civil Society Organisations (CSOs) and all other relevant stakeholders. Remember we all have a duty to play! This focus is chiefly motivated by this year’s human rights day theme titled “Our rights, Our future, Rights Now” and the UNAIDS World AIDS day Report titled “Take the rights Path” which both demonstrate the urgent need for prioritization of human rights.
In commemorating these important days, we reflect on the intersectionality of human rights, SRH, and HIV/AIDS and delve deep into how human rights frameworks support the promotion of SRHR and HIV/AIDS prevention and treatment at national, regional and international policy platforms . We will also pay close attention to the existing barriers for the marginalised communities particularly the continuing stigma and discrimination of key populations when it comes to accessing necessary healthcare services and also propose strategies and future directions that can be employed to ensure that the rights of vulnerable populations, such as women and girls, sex workers and LGBTQ+ individuals, are protected in SRHR and HIV/AIDS initiatives
Human rights, particularly those related to SRH have been severely threatened in the year 2024. The 10th of December marks the commemoration of human rights day and the culmination of the 16 days of activism against GBV against womxn and children. Violence of any nature hinders the enjoyment of the rights to dignity and safety for the survivors. In some instances it has resulted to them(survivors) being stigmatised and discriminated, their right to fair trial and settlement and being heard violated and unfortunately for some having their lives taken away, grossly infringing on their inherent right to life.
Key to note is that, GBV remains a neglected issue in Southern Africa, with many countries not treating it with the urgency that it deserves. This is despite the development of policies and instruments like SADC model law on GBV, SADC protocol on gender and development, the SADC regional strategy and framework of Action for addressing GBV and at more continental level the Maputo protocol whose aim among other reason seek to arrest the GBV pandemic. This then goes to show how these instruments suffer from what we can term “limited localisation pandemic,” pointing to the fact that in as much as states adopt the protocols they remain a pie in the sky at national level which could be reason why GBV is still a hot a topic in the region and beyond.
With that being said, we encourage member states and government to fully operationalise all regional and continental GBV related protocols and policies and use them as benchmarks to develop efficacious laws and policies on GBV. We also call upon states and governments to place the GBV agenda at the fore front by utilising a human rights based approach which emphasises on, but not limited to protection of survivors
from discrimination, improving access to justice, right to fair trial and settlement of complaints, and right to access to information.
As we are celebrating these amazing days, we are aware of the fact that some criminalised populations like LGBTIQ+ persons, Sex Workers and People Who Used Drug (PWUDs) continue to face barriers to accessing SRH and HIV prevention, treatment and care services. The situation has been worsened by the growing anti-rights legislation wave across the continent in countries that include Uganda, Kenya and Ghana. According to UNAIDS World AIDS Day report of 2024, punitive laws give rise to substantial human rights violations and undermine the HIV response at every step (UNAIDS, 2024: p37).
The afore mentioned UNAIDS report further states that, punitive and discriminatory laws and policies can reduce the ability of key populations to protect themselves from HIV acquisition, for example, laws criminalizing the possession of drug paraphernalia discourage people who inject drugs from accessing harm reduction services (UNAIDS,2024: p37). These findings show the urgency of moving beyond biomedical interventions but taking the human rights path which included addressing social and legal impediments to access or utilization of HIV services that include amending and repealing laws that limit or deny access to services, reducing stigma, discrimination and violence against key populations
As we approach the International UHC Day on the 12th of December, we therefore, urge states and governments to incorporate comprehensive SRH services in the basket of care when developing UHC policies, as they are fundamental to the achievement of Sustainable Development Goal target 3.7 on ensuring universal access to sexual and reproductive healthcare services including family planning, information and education, and the integration of reproductive health into national strategies. Moreover, we call upon member states and government, CSOs to address SRH, HIV/AIDS issues by using human rights principles. Human right principles are anchored in placing people and human rights at the centre of SRH, HIV/AIDS and UHC responses. It is imperative to understand that we are all human first regardless of race, color, sex, status, identity, gender, age, language, religion, tradition and custom, political affiliation or other opinion, conscience, ethnic or social origin, disability, property status, birth, marital status, area of residence, homelessness, statelessness, nationality, refugee or asylum status, HIV status, or other status.
As we share love this festive, let us also remember the fundamental principles of ubuntu (humanity) and treat one another with respect and dignity. This way we will be able to address the social enablers to barriers in accessing SRH, HIV/AIDS services and realisation of UHC
As we conclude this brief opinion piece, we would like to re-emphasize the urgent need to all stakeholder involved in SRH, HIV/AIDS to center human rights principles in response to these topical health emergencies. This also include meaningful and ethical involvement of young people. We also call up the relevant stakeholders to pay attention to emerging threats to human rights like the growing anti-rights movement which has a potential impact to the global SRH, HIV/AIDS architecture.