Rapporteur reports
Track E report by Stevie Clayton
B Lee, USA
USA lifting of travel ban and called for IAS conference in California
Personal priorities for new President: repeal global gag rule so health workers can counsel on all reproductive health options including abortion, eliminate prostitution pledge from PEPFAR, allow states federal funding for comprehensive sex education, harm reduction and NSP, domestic PEPFAR for black people.
S Timberlake, UNAIDS
Travel restrictions generally target non-nationals even though in every country most infections are transmitted by nationals
Said to be public health measures protecting nationals yet replace proven public health measures
Need to overcome the stigma, ignorance and discrimination informing them.
G Relucio Princesa, Philippines
Big outflow of migrant labour to countries with mandatory testing
Actively engages in how migrant workers are treated overseas and tries to educate them about HIV before they leave.
E Siman Siri, El Salvador
Since 2001 unlawful to require a HIV test for entry into the country
Support and leadership from the highest level, the President, as demonstrated at UNGASS, calling on others to follow.
S Mellors, South Africa
US ban in late 80s. IAS moved 1992 conference to Amsterdam. Since no conference in a country with travel ban
Canada required declaration on visa application. Only changed it just before conference. After this IAS policy included declarations
Global Fund Mtg 2007 in China who introduced travel declarations. Civil society decided not to participate. The GF adopted policy like IAS.
J Amon, Human Rights Watch
HIV travel restrictions conflict with human rights law
Impact on rights to work, health, even life
More than 60 countries with restrictions. No proof they achieve any positive health outcomes
Leadership report by Richard McKay
Barbara Lee spoke first on U.S. efforts to end discriminatory HIV-related travel, entry restrictions, laws and policies, and of the need to move beyond rhetoric. She highlighted the importance of the International AIDS conferences in stimulating legislative reform in the United States, amidst a climate in Washington which has recently been hostile to any immigration reforms. While expressing pleasure that the legislative ban on HIV-related travel had recently been overturned, Lee emphasised the need to continue applying pressure until remaining regulatory bans were removed.
Susan Timberlake, a senior human rights and law advisor for UNAIDS, spoke next on the fact that there was no public health rationale for restrictions on the entry of HIV-positive travellers. Legitimate reasons for limiting human rights do exist; however, since the beginning of the epidemic travel restrictions have been based on the stigmatising assumption that people living with HIV will act irresponsibly. Timberlake emphasised the importance of moving beyond travel restrictions, which create a false sense of security within a country and act as a barrier to travel – a contravention o mobility, which many now view as a human right.
L. Mworeko, of Uganda, missed her flight and was unable to address the audience about the impact of short- and long-term travel restrictions on people living with HIV and their families.
Timberlake was followed by Grace Relucio Princesa of the Philippines, who spoke on the experiences of a country of origin for international labor migration. Given that a high percentage of that country’s population is made up of migrant workers who are susceptible to HIV, the Philippines have strived to protect the rights of its HIV-positive workers, who face loss of income, deportation, and stigma abroad. Princessa urged for the harmonisation of policies between origin and destination countries, and for the further support of HIV-positive migrant workers.
Rodrigo Siman Siri discussed the experience of reversing laws on HIV-related short-term travel restrictions in El Salvador, which enacted a law eliminating HIV tests for immigration in 2001. He displayed figures which indicated a recent decrease in detected HIV/AIDS cases in the country against a backdrop of increased testing, and declared the need to bring about universal access to therapy.
Shaun Mellors, of AIDS Alliance in South Africa, highlighted the experiences of the Global Fund and the history of advocacy to fight travel restrictions. Mellors noted how the IAS had reacted swiftly to the US travel ban and prevented further AIDS Conferences from being held in countries restricting access to PLWHA, and had threatened to move the 2006 conference from Toronto to Geneva if the Canadian government continued with a move to have HIV mentioned on visa application forms. He also outlined the reaction of the Global Fund to visa declaration requirements for PLWHA visiting China.
Joseph Amonda, from Canada, closed the session, speaking on how HIV-related travel restrictions are not in accordance with human rights law.
An audience member was applauded when she congratulated the United States for overturning the travel ban, but complained that the country’s disregard for human rights within the country and abroad would mean that many, including herself, would boycott an AIDS conference held there in the future, unless the country apologised for the violations it continued to perpetuate.
Community report by Terje Anderson
(reported by Bechir Ndaw)
TUSS04
Travel Restrictions for People living with HIV: Going against the Grain of Human Rights and Public Health
Panel : Susan Timberlake, Rodrigo Siman Siri, Grace Relucio Princesa, Barbara Lee, Torbjorn Urfjell, Mariangela Simao, Shaun Mellors
The session discussed the role and achievement of the International Task Team on HIV-related Travel Restrictions. It was recognized that the Task Team has played a critical role to raise public awareness on HIV-related travel restrictions at national and international levels and urged governments to move towards their elimination. Issues such as stigma, discrimination, deportation of people living with HIV in a number of countries were also discussed.
It was stressed that HIV-related travel restrictions have no public health rationale and economic justification. This position was taken by the World Health Organization and the World Health Assembly on several occasions. The discussion also focused on the 2001 Declaration of Commitment on HIV/AIDS and the 2006 Political Declaration which agreed to take appropriate measures to eliminate all forms of discrimination against people living with HIV/AIDS.
Further, the session highlighted the fact that travel restrictions fuel stigma and discrimination against of people living with HIV and that HIV-related to travel restrictions may have a negative impact on HIV prevention policies and programmes. Examples were given in a number of countries with regard to mandatory testing for migrants.
Finally, the session discussed the need to remove HIV-related travel restrictions globally and conduct legal reforms with a view to repeal these discriminatory practices. It was noted with satisfaction that the United States has taken positive steps to remove HIV-related travel and immigration restrictions to the United States (although more steps need to be completed before the change is fully enacted).
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