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18 October 2011
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The plethora of HIV criminalisation laws on the continent can leave one feeling dizzy. PlusNews has compiled a list of African countries that have criminalised HIV in one, easy-to-use map.
The fine print
Did we get it wrong? Email your feedback to
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and help us improve on the map. In a couple of weeks, we’ll update it with your responses.
Angola:
A draft law calling for a sentence of between 3 to 10 years in the case of deliberate transmission.
Côte d’Ivoire:
As of August 2008, the country continued to debate a draft law that would criminalise transmission
Egypt:
Homosexuality - or “immoral behaviour” - in the country is criminalised under a 1961 law. Those suspected of violating the law have been forcibly tested for HIV and anally examined. Possible punishment is one year in prison.
Guinea:
By July 2006, the country criminalised intentional transmission, even mother-to-child. transmission.
Guinea-Bissau:
By 2007, the country criminalised intentional transmission, even mother-to-child transmission.
Kenya:
The country criminalised HIV infection in 2006, those charged with sexual offenses must submit to HIV tests by the state or face five years in jail and/or a 50,000 shilling (USD$641) fine. If found to be HIV-positive – whether the perpetrator knew their status or not – they can be sentenced to at least 15 years with the possibility of life.
Malawi:
As of June, the country was debating a bill that would provide for mandatory HIV testing of pregnant women, those charged with sexual offenses, sex workers and persons in polygamous relationships.
Mozambique:
Under legislation enacted in 2002, those convicted of sexual offences must submit to HIV testing and can incur longer sentences if found to be HIV-positive. The country is currently discussing an updated version of the bill which would criminalise intentional transmission.
Sierra Leone:
By 2007, the country criminalised intentional transmission, even mother-to-child.
Senegal:
As of August 2008, the country continued to debate a draft law that would criminalise transmission
Uganda:
The country is currently debating a draft that will criminalise intentional transmission with a punishment of death. It will also force HIV-positive people to reveal their status to their sexual partners, and also allow medical personnel to reveal someone's status to their partner.
Zimbabwe:
The country first criminalised HIV transmission in 2001, with harsher provisions attached in 2006. Currently, someone convicted of sexual assault who is found to be HIV-positive will receive a stiffer sentence of at least 10 years regardless of whether they knew their status or not at the time of the assault.
Sources: Canadian HIV/AIDS Legal Network, International Planned Parenthood Federation, Human Rights Watch, PlusNews
Crime and punishment: Criminalisation and HIV
December 2008
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2.43 MB
Features
OVERVIEW
GLOBAL: Planes, trains and travel bans
WEST AFRICA: HIV law "a double-edged sword"
SOUTHERN AFRICA: HIV laws put women in the line of fire
NIGERIA: “With this HIV test, I thee wed”
CAMEROON: Whose responsibility is HIV transmission?
UGANDA: Draft HIV bill’s good intentions could backfire
MOZAMBIQUE: Proposed law a mixed bag for people with HIV
AFRICA: Mapping out criminalisation on the continent
SOUTHERN AFRICA: Would you take an HIV test in order to get married?
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