A national respond to the HIV epidemic in Papua New Guinea.

• Author: Kidu, Carol

In the context of the HIV epidemic in Papua New Guinea, sex workers and males who have sex with males (MSM) engage in potentially risky sexual practices which remain under archaic criminal laws. (1) Those at risk continue to face prejudice, moral condemnation, and violent abuse from some sectors of society, as well as harassment by police and blackmail, which are aimed especially at MSM. Their vulnerability and lack of security impacts on the national response, as it drives them underground and affects their access to treatment and services. However, ongoing educational projects by MSM groups and sex workers appear to be improving police attitudes.

Papua New Guinea is a signatory to the regional and international conventions that uphold human rights and the rights of vulnerable people in HIV prevention, treatment, and care. In addition, the 2009 Report of the Commission on AIDS in the Pacific recommended "legislative reform to repeal legislation that criminalize high-risk behaviour and promotes HIV related discrimination ..." (2)

THE LEGISLATIVE FRAMEWORK AND THE NATIONAL RESPONSE

The legislative framework for the national response to the epidemic is the 2003 HIV and AIDS Management and Prevention Act (HAMP), which supports voluntary and informed HIV testing, as well as measures to encourage and enable individuals to take steps to protect themselves and others from infection. The HAMP Act emphasis on the protection of the rights of people with HIV and those at risk of infection, and the importance of reducing stigma and discrimination, provides the principles that should underpin the national response to HIV/AIDS in Papua New Guinea. In spite of these protections, sex work and MSM remain criminal offences.

EXISTING CRIMINAL LAWS ON MALE-TO-MALE SEX AND SEX WORK

The 1974 Criminal Code Act, sections 210, 212 and 231 and the 1977 Summary Offences Act, sections 55, 56 and 57 contain provisions that deal with and prescribe penalties for male-to-male sex and sex work, respectively. (3) While these legal provisions have empowered police to harass or arrest sex workers (4) and MSM, they also continue to impede progress in the delivery of HIV services, as many sex workers and MSM remain reluctant to access service facilities whose personnel are also sometimes harassed by police.

The inherent contradiction is clear: while the HAMP Act underlines the rights of all citizens to access services, some citizens can be arrested when they do so.

THE...