A Comprehensive Analysis of the HIV and AIDS Legislation, Bills, Policies and Strategies in the EAC-Main Report

This analysis presents a synthesis of a number of laws, bills, policies and strategies in the context of HIV in the five Partner States. It has been enriched by country validations meetings where interested stakeholders provided their inputs.

The analysis indicates that the Member States have a strong commitment to fight against HIV and AIDS through the enactment of a range of laws and policies as well as through a number of institutions and initiatives. It further shows that an audit of laws, bills, policies and strategies was necessary to identify gaps and to eventually harmonise legal and policy recommendations across the Member States. Additionally, the analysis shows that while there continues to be strong emphases on enactment of laws and on drafting good policies in the context of HIV in the Member States, more requires to be done across the region to ensure that these laws, policies and strategies are applied on the ground and disseminated widely to the people and to stakeholders.

Lastly, the analysis demonstrates that there is widespread agreement among the Member States on a number of issues that need to be included in the laws and policies pertaining to HIV and AIDS. For example Member States agree on use of gender-sensitive language, the inclusion of people with disabilities, the importance of youth-friendly services, and of access to female condoms. However, issues around criminalisation of HIV transmission, and key populations and HIV, especially criminalised status of sex workers, men who have sex with men and transgender people, and people who use drugs continue to remain contentious and do not align well with the EAC HIV & AIDS Prevention and Management Bill 2012. It is important therefore the next steps for intervention on the context of HIV prevention and control, human rights and the law is to coordinate Member States’ realignment of their national Bills and Acts with the EAC HIV & AIDS Prevention and Management Bill 2012.

Please refer to the attached file for more details.