The Global Commission on HIV and the Law

1. The Global Commission on HIV and the Law First Meeting of the Technical Advisory Group June 17 – 18 2010 New York

2. Goal To develop actionable, evidence-informed, human rights-based recommendations for effective AIDS responses that promote and protect the human rights of people living with and most vulnerable to HIV

3. Objectives • Analyse existing evidence and generate new evidence on the enabling legal frameworks on AIDS responses. • Develop rights-based and evidence-informed recommendations to address the impact of punitive laws, policies and practices & enabling legal frameworks to support effective AIDS responses. • Increase awareness amongst key constituencies, especially law- and policy-makers and civil society about the impact of punitive laws, policies and practices & enabling legal frameworks to support effective AIDS responses. • Engage with civil society to achieve the above, and in the process strengthen the ability of civil society to campaign, advocate, lobby for the required changes in law, policy & practice.

4. The COMMISSION- 13 members (2 members with expertise in AIDS and law) - eminent people who will provide global leadership on the issues . • 3 meetings over 18 months (planning for at least 2 meetings in developing countries) • Commissioners to be invited to visit regions to participate in Regional Hearings & be informed by hearings, Regional Issues Papers & the Technical Advisory Group. • TheTECHNICAL ADVISORY GROUP - 19 members,co-chaired by one Commissioner • - Experts on law, human rights, HIV, public health, UNAIDS Secretariat and people from marginalised communities, and people living with HIV. • To advise the Commission on key issues to be considered and to advise on state of the art evidence and working papers to inform the Commission • To advise on political strategy and follow up • 3-4 meetings (+ intercessional work via teleconferences on need basis) REGIONALDIALOGUES/HEARINGS - at least in 4 regions (Africa, Asia-Pacific, Caribbean and Eastern Europe) To inform the deliberations of the Commission through testimonials and evidence-informed inputs (supported by Regional Issues Papers, civil society mobilization, social networking and new media technology). - Interface between Commissioners (i.e. Commissioners invited to participate in each of the hearings), policy/law makers and affected communities.

5. Outcomes • Consolidated, coherent and compelling evidence base • Greater awareness among lawmakers, key officials responsible for criminal justice, national AIDS programmes, civil society & donors, on the impact of criminalisation of HIV transmission and behaviours and practices and enabling legal frameworks on AIDS responses • Leadership:Engagement of law and policy makers on addressing the impact of punitive, laws, polices and practices and enabling legal frameworks on HIV responses • Public dialogue on social attitudes, human rights and legal issues relating to the HIV • Civil society engagement: more cohesive, effective advocacy through engagement in the Commission process and enhanced skills for subsequent campaigning, advocating and lobbying.

6. Process thus far… • Pre-Inception phase – ‘vision’ • Consultation of a range of constituencies • Engaging leadership and support • Inception phase – ‘how/what’ • Developing and clarifying concept • Selection of Technical Advisory Group and Commissioners • First meeting of Technical Advisory Group • Launch (June 24th 2010) • Press conference at the AIDS Conference (July 19th 2010)

7. Partners & Resources • Diverse funding base – foundations, governments, in-kind support, academic institutions • Civil Society: World AIDS Campaign • Light for Rights campaign • UN: UNAIDS Secretariat and Joint UN Programme on AIDS • UNAIDS Human Rights Reference Group • UNAIDS High Level Commission on HIV Prevention

8. Members Technical Advisory Group • The Hon. Michael Kirby (Co-Chair) • Allehone Mulugeta Abebe (Co-Chair) • JVR Prasado Rao (Member Secretary, Commission) • Aziza Ahmed • Chris Beyrer • Scott Burris • Joanne Csete • Mandeep Dhaliwal • Vivek Divan • Richard Elliot • Adila Hassim • Wendy Isaack • Rick Lines • Kevin Moody • Vitit Muntarbhorn • Cheryl Overs • Purna Sen • Susan Timberlake • Matthew Weait Commissioners • Justice Edwin Cameron, (South Africa, Constitutional Court Justice) • President Fernando Cardoso, (Brazil, former Head of State) • Ms. Ana Elena Chacon (Costa Rica, former Minister) • Hon. Charles Chauvel (New Zealand, Member of Parliament) • Dr. Shereen El Feki (Egypt, academic, former journalist Al Jazeera & The Economist) • Dame Carol Kidu (Papua New Guinea, Minister) • The Hon. Michael Kirby (Australia, retired judge of the High Court of Australia) • Hon. Barbara Lee (United States, Member of Congress) • Ambassador Stephen Lewis (Canada, former diplomat) • H.E Festus Mogae(Botswana, former Head of State) • Professor Sylvia Tamale (Uganda, senior academic, former Dean, Faculty of Law) • Jon Ungphakorn (Thailand, former Senator) • Professor Miriam Were (Kenya, senior public health specialist/former Head of Kenya’s National AIDS Council) • Mr. JVR Prasada Rao (India, former Secretary Health) – Member Secretary

9. First Meeting of the TAG • Held on 17 and 18 June in New York • Supported the idea of an Independent Commission • Agreed to serve as a think tank and technical resource to the Commission • Identified THREE broad categories of issues for referring to the Commission 1. Criminalisation of HIV transmission,sex work,drug use,and same sex relations 2. Women’s issues including family law, inheritance and property rights, and violence against women 3. Legal issues relating to treatment access with a specific focus on intellectual property,TRIPS and trade

10. Next Steps • Press conference at Vienna AIDS Conference • Report and recommendations of the Technical Advisory Group finalized • Commission working papers started • Planning for first meeting of the Commission in October