December 16 - The Mozambican parliament, the Assembly of the Republic, on last Thursday unanimously passed a bill defending the rights of people living with HIV and AIDS, which was formulated with UNDP”s assistance at the technical formulation stages of the legislative process.

The draft law on the protection of Persons living with HIV/AIDS against Discrimination and Stigmatisation was presented to the Plenary Session of Asembleia da Republica on 11th December in Maputo and at the time official recognition and credit was given by the President of AR to the contribution of the UN group in Mozambique.

According to François Beaulne , UNDP Senior Parliamentary Advisor with Assembleia da Republica, the original version of which included a number of serious weaknesses observed in most HIV/AIDS related legislation emanating from African countries, including Lusophone Countries, was modified in depth to transform itself into a legislation that could serve as a model for other African countries, and Portugal itself, where no such law exists, and where the latest reports signaled the highest increase in HIV/AIDS prevalence in Europe.
François Beaulne stresses also that this legislation emanates from Parliament and was drafted by parliamentarians themselves, on their spare time, with limited resources and it also sends a clear signal that, should Parliament be provided with more resources, it could initiate more legislation of its own, as recognized in the Constitution, thus contributing to re-balancing the power position with the Executive In its introduction to the bill- AIM says - the Commission warned that "fear of stigmatization and discrimination leads to silence and prevents people from attempting to discover their HIV status".

Silence and discrimination, it said, would only worsen the AIDS epidemic - hence the importance of legislation against stigmatizing those affected with HIV.

The bill makes it explicit that anti-retroviral treatment for HIV patients is free of charge in the Mozambican health service. It insists that nobody living with HIV can be obliged to reveal their HIV status, except to their sexual partners. It prohibits compulsory HIV testing. Tests must rely on the "informed consent" of the patient - except in cases where a doctor determines that an HIV test is necessary "for purposes exclusively concerned with the health and treatment of the patient" or when ordered by a judge (in cases of sexual offences). Donated blood will be screened for HIV, and citizens who know that they are HIV-positive are banned from giving blood.

The bill states that children infected with HIV have the same right to education as healthy children, and that it is illegal to set up special schools or classes for HIV-positive people. Nobody may be barred from receiving any public service because of their HIV status.

The results of HIV tests are confidential, and anyone who reveals results without the consent of the person concerns can be jailed for a year.

Among the duties of HIV-positive people are to refrain from unprotected sex, to adopt behaviour that will not risk spreading the disease, and to comply with the medical treatment ordered by their doctor.
The law makes it compulsory for schools, including private schools, to introduce into their curriculum information on preventing HIV/AIDS and other sexually transmitted diseases. Thus even schools owned by religious bodies such as the Catholic Church will be obliged to inform their pupils of the virtues of condoms.

Any HIV-positive person who deliberately infects others can be punished with between two and eight years imprisonment. Anybody who deliberately attempts to infect a large number of people with HIV by non-sexual means can be punished with up to 12 years in jail. This refers not only to deliberate infection of the blood supply in hospitals, but also to any traditional healer who transmits HIV to his clients by using unsterilised blades.
To François Beaulne for the first time recognition is extended by an official Mozambican institution to the UN for its contribution as a team, thus recognizing the merits and the effectiveness of the "Delivering as One" approach .