Special tribunal for HIV-related issues

The Kenyan government has created the first ever tribunal to handle legal issues relating to HIV, including discrimination against people living with HIV and protecting the confidentiality of medical records.



The new tribunal, under the office of the Attorney General, has the status of a subordinate court, with the right to summon witnesses and take evidence. It will handle issues relating to the transmission of HIV, confidentiality, testing, access to healthcare services, discriminatory acts and policies, and HIV-related research.



"Nobody can pretend that there haven't been cases of violations and abuse of people living with HIV. When an HIV-positive woman is chased from home, either by in-laws or the husband, you have a serious case of human rights abuse," said Ambrose Rachier, chairperson of the new tribunal.



"Human rights do not take leave because one is living with HIV. Our duty will be to look at these complaints within the confines of the Act that establishes the tribunal, and to act as expeditiously as we can."



Networks of people living with HIV have welcomed the formation of the new court. "Setting up the tribunal is the clearest indication by the government that it is ready to entrench the rights of people living with HIV," said Nelson Otuoma, chairperson of the Network Empowerment of People Living with AIDS.



"It is however important to let people know that the tribunal exists and further educate them on the roles and mandates of it." Those living with HIV hope the tribunal will be an effective tool in ending discrimination, and groups like Otuoma's are already compiling lists of grievances to present to it.



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