www.HARPAS.org - Legislative Initiative

Legislative Initiative

Legal Review

-- Sub-Regional Workshop for Arab Parliamentarians from North Africa
Algiers, Algeria, 29-31 October 2007

The second event conducted in Algiers, Algeria 29-31 Oct. 2007 is part of a series of sub-regional workshops. Organized by UNDP/HARPAS in partnership with UNDP Algeria, ILO, and UNHCR, it gathered 60 parliamentarians from Algeria, Morocco, Tunisia, Libya and Egypt. It built up on a previous initiative organized in November 2005, "The Legal Framework for HIV/AIDS and Human Rights in the Arab States", which resulted in the development of a 29-articles Model of Legislation, based on existing international instruments, as well as on national legislation, particularly those related to People Living with HIV (PLHIV). In this follow-up initiative, the objective is to sensitize legislators and raise their awareness on HIV issues to enable them to advocate for the adaptation and promulgation of the Model of Legislation into national laws.

-- Sub-Regional Workshop for Parliamentarians from the Horn of Africa
Khartoum, Sudan, 28-31 May 2007

-- Research Panel Review
Cairo, Egypt, 10-11 November 2006

-- Legal Review Validation Workshop
League of Arab States, Egypt, November 2005

-- Legal Review workshop
Cairo, Egypt, 13-14 March 2005

HARPAS and its partners UNICEF, the International Labor Organization (ILO), the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Arab Institute for Human Rights have advocated for the adoption of anti-discriminatory legislation for PLWH throughout the region. The Legal Review workshop in November 2005 brought together five co-sponsors and more than 60 legal and/or human rights experts from 14 Arab countries - including magistrates, parliamentarians, and lawyers - in order to review existing legislations in regards to the protection of PLWH's fundamental Human Rights at country level. It resulted in the drafting of a pioneering model of legislation for Parliamentarians, legal experts and PLWH to use for advocacy of policy change that includes legislation to protect and promote the rights of PLWH and vulnerable groups.

With the emergence of the HIV/AIDS pandemic, modern human rights discourse has provided a framework for discussing and identifying root causes of vulnerability to HIV and clarity regarding the necessary direction of health-promoting societal transformation. Human rights issues are central to the design and implementation of sustainable strategies needed to meet the MDGs, including reversing and halting the spread of HIV and related stigma by 2015. As HIV/AIDS emerged in the Arab region, those infected and affected have faced stigma, discrimination, lack of access to life-prolonging treatment and little if any legal recourse to address such injustices that threaten their lives and the family and community members who care for them. In addition, the unequal social status of women and the social marginalization of vulnerable groups make it difficult to break the silence surrounding their lives and generally address behaviors that place all people at risk. Discriminatory practices including job loss, deportation, home eviction, school expulsion and child abandonment have marked the human rights violations PLWH have faced in the region.

To ensure the human rights of those infected and affected by the epidemic are protected, there is an urgent need to harmonize national legislation with international instruments of human rights including the United Nations General Assembly's Special Session (UNGASS) on HIV/AIDS 'Declaration of Commitment'. All countries in the Arab region signed onto UNGASS, signaling regional commitment to protecting and promoting the rights of PLWH. However, as mentioned, despite the important progress in developing NSPs for an effective response and recent human rights recommendations by the Arab League , countries in the region have fallen short of the Declaration of Commitment's policy targets. This includes strengthening and enforcing legislation to eliminate all forms of discrimination against PLWH and to combat HIV-related stigma and social exclusion. Results of a policy survey indicate that countries in the MENA region require further support to adopt HIV-specific anti-discrimination measures and to raise awareness among the general public regarding these anti-discriminatory laws and regulations. Currently in the Arab region, only a few countries have such laws.

UNDP and its partners convened a group of legal experts from almost all Arab countries in March 2005 to brief them about the legal review to be conducted. During the first phase of the legal review initiative, national legislation related to PLWHA and vulnerable groups is being examined.

"HARPAS is in the process of organizing 4 sub-regional workshops on HIV/AIDS for Arab Legislators under the title of 'Development of Legislations Protecting and Promoting the Rights of People Living with HIV'. The workshop was conducted within the partnership of HARPAS with the UNDP Programme on Governance in the Arab Region (POGAR) and with the International Labour Organisation (ILO), and was held under the auspices of the League of Arab States (LAS). The first sub-regional workshop took place in Khartoum , Sudan , from the 28th to the 31st of May and included the participation of parliamentarians from Djibouti , Somalia , Sudan , and Yemen ".

. UNDP
. UNICEF
. ILO
. OHCHR
. UNAIDS
. Arab Institute for Human Rights

	Analysis Reports on National Laws protecting the Rights of PLWH in Djibouti (available in French), Egypt, Lebanon, Tunisia, (available in Arabic and English) Iraq, Jordan, Kuwait, Morocco, Palestine, Syria, and Yemen (available in Arabic) Arabic reports: Egypt - Lebanon - Tunisia - Iraq - Jordan - Kuwait - Morocco - Palestine - Syria - Yemen English reports: Egypt - Lebanon - Tunisia French reports: Djibouti
	Executive Summaries of National Analysis Reports (available in Arabic - coming soon)
	Regional Analysis Report compiling information from National Reports (Available in Arabic and English - coming soon)
	Human Rights Cards (available in English and French) English - French (click to download)
	Model of Legislation on the Rights and Responsibilities of PLWH (available in Arabic, English, and French) Arabic - English - French
	Workshop Activity report Click here to download
	Training Kit for Legislators (upcoming)

For more information on this initiative please contact HARPAS Regional Coordinator

Dr. Khadija Moalla
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