II. Recommendations

To Chinese Government Ministries of Public Security, Justice, Interior, and Health

Related to detox and RTL centers

·Close detoxification and RTL centers that are extra-judicially detaining drug users and expand access to voluntary, affordable, community-based outpatient drug dependency treatment.

·Until such detoxification and RTL centers are closed:

·Ensure that proper regulations and monitoring are in place to prevent the physical and sexual abuse of detainees by guards.

·Provide due process protections and judicial oversight to sentencing for drug users assigned to detox, RTL or community rehabilitation.

·Ensure access to drug dependency treatment, antiretroviral therapy, and health care generally. End mandatory HIV testing and ensure voluntary counseling and testing is available.

·Ensure that medical staff working in detoxification and RTL centers have proper training to develop an individualized treatment approach for detained drug users and provide effective medical and psychological therapy.

·Eliminate fees for periods in mandatory detoxification.

·End forced labor in detoxification and RTL centers.

Related to community-based interventions with drug users

·Ensure that law enforcement agencies accept harm reduction initiatives and abstain from arresting people seeking harm reduction services.

·Require by law informed consent and doctor-patient confidentiality for those tested for HIV. Require that anyone tested for HIV/AIDS be informed promptly of the results and that appropriate counseling be offered before and after the test.

·Ensure that injection drug users can seek testing and treatment for HIV/AIDS without being arrested on suspicion of being a drug user.

·Provide training to Chinese CDC HIV/AIDS treatment site staff on confidentiality, stigma and discrimination, and related subjects.

·Immediately end the harassment and arbitrary arrest and detention of HIV/AIDS activists.

To United Nations agencies and bilateral and multilateral donors providing assistance or carrying out programs on HIV/AIDS in China

·Ensure that the principles set out in the UN International Guidelines on HIV/AIDS and Human Rights, particularly those relating to discrimination and mandatory testing, are adhered to and a part of all collaborative agreements with government agencies.

·As part of a working agreement with Chinese partners, require independent monitoring to prevent discrimination against people with HIV/AIDS and end abusive conditions in forced detoxification and RTL centers.

·Advocate for the reform of national, provincial, and local laws and regulations on AIDS that discriminate against people living with HIV/AIDS.

·Advocate for the rights to freedom of expression, information, assembly, and association for people living with HIV/AIDS in China and organizations acting on their behalf.

·Give greater emphasis to programs related to counseling and legal services for people living with HIV/AIDS.

·In all AIDS education and prevention programs, distribute Chinese translations of the UN International Guidelines on HIV/AIDS and Human Rights.