GENEVA / MIGRANTS HIV

More than 50 countries worldwide continue to have laws prohibiting the cross-border movement of people living with HIV. Experts say that such laws are discriminatory, contrary to sound public health principles, and are preventing an appropriate global response in the fight against the spread of the virus.

The United Nations (UN) Human Rights office is calling for the repeal of national legislation which imposes blanket restrictions on the entry, stay and residence of people based on their HIV status alone.

An international AIDS Conference opens in Austria’s capital Vienna on July 18 to address the urgent call for “Rights Here, Rights Now” in the global response to the pandemic.

Rommel worked in the hospitality service industry for a year in a country in the Middle East.

SOUNDBITE (Tagalog) Rommel:
“We were contracted to work as waiters, but we were made to do a different job.”

Born and raised in the Philippines, 29 year old Rommel sought employment through an overseas agency and as is the global trend he grabbed at an opportunity to work abroad. He landed a contractual position in the oil rich gulf region.

Everything was fine until he was notified that his contract would not be renewed and he had to return home because he was HIV positive.

SOUNDBITE (Tagalog) Rommel:
“We were about to undergo medical tests because our employer was leaving for France and wanted to bring us, two Filipinos, along. We were made to undergo medical tests, but I was not told that HIV testing was included. I was detected to be HIV positive. What was done to me was inhuman. Instead of dealing with me well, body guards were assigned to watch me at the back of a car that took me straight to a hospital where I was detained.”

Rommel is just one of the thousands of unreported cases of migrants deported, denied entry or stay in some countries, because of their HIV status.

The UN High Commissioner for Human Rights Navi Pillay says people living with HIV should be treated with dignity and respect and that differential treatment based on an HIV positive status is discriminatory.

SOUNDBITE (English) Navi Pillay, High Commissioner for Human Rights, United Nations:
“The lack of respect for human rights, including stigma and discrimination, is fueling the epidemic. It is perhaps the greatest barrier to developing an appropriate global
response to HIV.”

Mandatory HIV testing is used by some governments as a prerequisite for renewing work permits. Upon receipt of a positive diagnosis, the status of these individuals is often not kept confidential. They are deported on the grounds that they are a public health risk. They could spread HIV in the host country and they will become a burden on the health care system. Such restrictive laws not only affect migrant workers, tourists, students, asylum seekers, family members and accompanying spouses are also prevented from entering or remaining in these countries.

UNAIDS, the UN AIDS body says this reasoning is unacceptable.

SOUNDBITE (English) Michel Sidibé, Executive Director, UNAIDS:
“One of the major challenges with HIV response in the world today is stigma, discrimination and criminalization. In a nutshell it’s issues about human rights, the basic human rights of people. The travel restriction is just not allowing people to move freely in the world which is globalized. And we are pushing most of those people not having access to basic services and for me it’s time to call all the countries to remove travel restrictions.”

Studies have shown that people living with HIV can lead long and productive working lives.

Rommel’s HIV status and subsequent deportation has changed his fortunes but he is using his experience to educate others.

For many HIV positive migrant workers like Rommel, they can only hope for fundamental reform globally.