HIV related entry and residence regulations violation of Human Rights

1. HIV related entry and residence regulations violation of Human Rights Peter Wiessner, Karl Lemmen XVIII International Aids Conference, July 20, 2010, Vienna

2. A personal testimony… “Sorry for bothering you. I am 25-year-old, male and HIV+. Holder of both PR China and Hong Kong Passport. I now have a job offer in Australia, which will not only enhance my personal and career development, but also fulfil a long-held dream. But as Australian Government requires a medical examination. I am afraid of being denied a working visa. However, I believe that Australia is a democracy, such thing should not happen....Another concern: will the government disclose my HIV conditions to my Would-be employer? Still I believe as a democracy, its national and state government will keep such sensitive information confidential, right? I am recently too busy with my job and could hardly spare time to asking people including those in the Australia government...Feeling so sad as I am 25 only and should be deprived of some right due to the virus when a good opportunity knocks at my door and I really want it.I myself strongly believe I can contribute a lot to my would-be employer. I I would definitely feel guilty when I am refused a visa. Peter, thanks for you time and if u cannot answer, at least point out the right directions: to whom should I turn to help?“ (Anonymous, Chinese, person known to the author)

3. To whom would you turn to help? • Who provides information on the Australian situation? • Is it advisable to contact the Australian authorities directly ? • Should I discuss it with my future employer? • Should I lie? And if it fails: what are the consequences? • Can you give advise how to circumvent the restrictions? • Will the authorities deport me if they find out? • If the visa gets denied: will I ever have a second chance? … what would be your answer?

4. Our expertise on the topic Community driven research since 1999 2 surveys 1999 & 2008 Embassies around the world Data on HIV entry/residence regulations Questionnaire: HIV specific regulations short/longer term stays? Compulsory medical examinations? HIV-tests? Rules on controlling / deporting people with HIV? Import of HIV medication for private use possible?

5. Distribution of information: Quick Reference 9 editions, 10 languages Database on HIV related restrictions: www.hivrestrictions.orgin collaboration with EATG, IAS, GNP+ UNAIDS Task Team “Travel Restrictions” 2008 Our expertise on the topic Printed edition available at Deutsche AIDS-Hilfe booth in Global village Ready to download in 10 languages at: www.hivrestrictions.org

6. Results 200 countries included Restrictions apply mostly for long term stays Deutsche AIDS-Hilfe: Quick Reference, Berlin 2010

7. Impact for mobile populations Health related questions included in visa application form Health certificate required for work and study permits (HIV-tests mandatory) (Medical) examination by immigration officers at the border or physicians under contract as part of application procedure Mandatory HIV tests at borders, before or shortly after entry Regular HIV tests for foreigners already staying in the country (migrant workers, students) Recruitment agencies require HIV tests

8. Name and shame 2010 15 countries categorically refuse entry Bahamas, Brunei, Equatorial Guinea, Iraq, Jordan, Korea (South), Papua New Guinea, Qatar, Russia, Singapore, Solomon Islands, Sudan, Suriname, United Arab Emirates, Yemen 19 countries deny visas for short term stays (10-90 days)Bahamas, Bhutan, Egypt, Equatorial Guinea, Iran, Iraq, Jordan, Kyrgyzstan, Libya, Papua New Guinea, Qatar, Russia, Singapore, Solomon Islands, Sudan, Suriname, Taiwan, Turks and Caicos Islands, Uzbekistan 15 European countries with restrictions Andorra, Armenia, Belarus, Cyprus, Bavaria (Germany), Hungary, Israel, Kazakhstan, Moldova, Russia, Slovak Republic, Tajikistan, Turkmenistan, Ukraine and Uzbekistan

9. Deportations from 31 countries 11 countries from Middle East/Gulf States 9 countries from Asian/Indian region 5 countries from European region (WHO Europe 53)

10. Limitation of rights ... Right to privacy VCT standards completely neglected forced disclosure (devastation emotional and financial impact) No information about tests taken and treatment options Negative impact on doctor patient relationship Violation of medical ethics Patient perspective: Can you trust physicians involved? Right to health Mandatory HIV screening drives people away from health care services Double standards (exclusion) Access to health care services linked to residency status Benefit of insurances

11. Limitation of rights... Right to life Devastating impact in case there are no treatment options in the country of origin Deportation = death sentence Freedom of movement limited choices for PLHIV to residence permits for work and study to make a living Unite with families Participation at conferences

12. There is no public health rationale ... …”for restricting liberty of movement or choice of residence on the grounds of HIV status.” (Source: Susan Timberlake; Senior Human Rights and Law Adviser, IAC Mexico, 5 August 2008)

13. “Queer” perceptions of HIV and those infected ... PLHIV … Behave irresponsibly Are a danger to public health Have a short life expectancy and can’t sufficiently contribute to society Are a burden for health budged HIV is a foreign problem that can get controlled at borders Does this reflect reality in 2010?

14. Respect GIPA principles PLHIV contribute to cultural richness & growth of society No conferences at places where PLHIV are excluded Integrate PLHIV in service planning and delivery Do not use HIV testing as a weapon! Respect VCT standards for mobile populations Fight against HIV screening designed to exclude or stigmatize Community response!?

15. The fight for “universal access” starts in front of your house doors! Make treatment and health care services available independent from residency status! Make it accessible for mobile populations and undocumented migrants Integrate migrant workers into health insurance systems develop programs to address vulnerabilities in the context of mobility Restrictions fuel stigma and criminalize PLHIV Ensure that entry & residence regulations do not single out HIV that HIV is treated same as comparable health conditions Community response!?

16. Cooperation between sending and receiving countries Expand access to information, to HIV prevention, treatment, care and support services in sending and receiving countries Pre-departure services Cross border cooperation Raise awareness and build coalitions with Civil society, business sector, migration and tourism sector, trade unions, universities, intergovernmental bodies, recruitment agencies Collect information and share your experiences www.hivrestrictions.org Community response!?

17. Acknowledgement • David Haerry, EATG • Moono Nyambe, GNP+ • Ron McInnis, IAS • NGOs: GAT, COALITION Plus, ODYSEUS, LILA, CESIDA, adhara, ilga, luxvitae • Very special thanks to Arseny Arefiev, Russia; Iwona Wawer, Poland • Ana & Luis Zegre, Ana Pisco, Ricardo Fuertes and Rosa Freitas, Luís • Mendão, Portugal; Juan Antonio Reina & Ramon Espacio, Spain; • Alessandra Cerioli & IlariaCarlini, Italy; Katarina Jiresova, Slovak • Republik; Mael Gerard, Emmanuel Trenado & Arnaud W. Simon, • France and TomislavVurusic, Croatia. • Thanks for your attention! • Contact: peter-wiessner@t-online.de • More Information: www.hivrestrictions.org