Indonesia's AIDS policy and human rights

By Ricky Gunawan

Jakarta, Indonesia — The Ninth International Congress on AIDS in Asia and the Pacific opened Sunday in Bali, Indonesia, with calls to strengthen the commitment to prevention of AIDS, as well as care, support and treatment of AIDS sufferers. Hosting the event has sent a strong signal to the international community that Indonesia is a place of pluralism and tolerance.

The five-day event, which ends Thursday, also proves Indonesia’s ability to host a top international forum despite suffering a setback from terror attacks on two deluxe hotels in the capital Jakarta on July 17.

ICAAP is vital in stepping up the discussion and finding ways to eliminate the AIDS pandemic not only in the region but also globally. The forum’s slogan, “Empowering People, Strengthening Network,” is suggestive of a strong platform to support people living with HIV/AIDS through a strengthened network across Asia and the Pacific and beyond.

In Indonesia, as in other parts of the world, people with HIV/AIDS are stigmatized and often discriminated against. To lead the global fight against human rights violations that surround people with HIV/AIDS, Indonesia must first have a strong and strategic national AIDS policy to address the epidemic and at the same time implement actions to overcome stigmatization and discrimination.

Indonesia, through the National AIDS Commission, has a three-year National Strategic Plan that ends in 2010. Therefore it is important to learn from past experience and synthesize a more effective response in future plans.

The next national AIDS policy must promote human rights and public health efforts rather than undermining them. Bad policy will lead to bad laws that will further marginalize key groups such as sex workers and people who self-inject drugs.

Basic human rights norms have to be placed at the heart of Indonesia’s HIV/AIDS policy. These include equality in rights and dignity, non-discriminatory public participation and accountability. All target groups should be treated equally under the policy. Further, HIV prevention and treatment programs enshrined in the policy should be implemented irrespective of people’s background, social status, religion, race and sexual orientation.

Indonesia’s National AIDS Commission, or KPAN, should involve the public and people living with HIV/AIDS in decision-making, and all programs to tackle the epidemic must be responsibly implemented with accountability.

Aside from including human rights norms in the national AIDS policy, KPAN must manage real problems routinely faced by people with HIV/AIDS. First, it must effectively publicize information regarding HIV/AIDS. One hardly hears about its programs and work for the prevention and treatment of AIDS. Indonesia’s National Narcotic Agency, or BNN, is much better at bombarding people with public service announcements than KPAN.

A lack of socialization makes it hard for AIDS sufferers to combat the stigma and discrimination they experience. A classic case in Indonesia’s North Sumatra province illustrates the point. A boy was expelled from his village because his parents were HIV positive and villagers were afraid that the boy would transmit the virus to the whole village. This case shows that many people in Indonesia are ignorant as to how HIV/AIDS is transmitted. The consequences of ignorance and poor awareness of AIDS can be tragic.

The above example raises several questions: What is KPAN doing to deal with such issues? Does it have the expertise and is it making the necessary effort to reduce or end discrimination? Does it have adequate complaint mechanisms for victims? Does it provide protection and assistance to those who file complaints?

KPAN’s current program does not include access to legal aid for AIDS victims whose rights are ignored or violated. Several cases have surfaced of people with HIV/AIDS being fired from their jobs or asked to quit their studies at schools and universities because of their HIV status.

KPAN has a strategic position in the context of a political-legal structure to address the issue. It has local offices in every province, which are headed by the governor. So it has the ability and the mandate to coordinate and facilitate efforts to support people living with HIV/AIDS, to allow them to report discrimination and help them to proactively overcome barriers.

Another major issue KPAN needs to address is overcrowded correctional centers with poor sanitation, which make the transmission of AIDS easy. Also, many self-injecting drug users that are imprisoned do not receive proper medication or treatment, making them vulnerable to infections. Moreover, limited HIV treatment for prisoners and overcapacity contribute to the widespread transmission of HIV/AIDS in such places. KPAN should work with other stakeholders, such as the Directorate General of Correctional Institutions, to resolve this problem.

HIV/AIDS prevention and treatment programs fall under the health sector. But problems within the sector undermine the delivery of such programs, including poor accountability, lack of funds and implementation, and lack of adequate information.

All of these essential elements must be integrated into Indonesia’s national AIDS policy. If that cannot be achieved, it will be difficult to win the battle against stigmatization and discrimination.

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(Ricky Gunawan holds a law degree from the University of Indonesia. He is program director of the Community Legal Aid Institute, or LBH Masyarakat, based in Jakarta. The institute provides pro bono legal aid and human rights education for disadvantaged and marginalized people.)