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II. Recommendations

To the government of Zimbabwe

On access to health care and treatment for PLWHA:

  • Ensure equitable and nondiscriminatory access to health services for all, including PLWHA;
  • Ensure that health practitioners, NGOs (including organizations representing people living with HIV/AIDS) and other personnel working on HIV/AIDS are fully informed on the national guidelines for treatment of HIV/AIDS in particular requirements for CD4 testing and eligibility criteria for access to antiretroviral drugs and implement a monitoring mechanism that will ensure that the criteria are uniformly and properly applied;
  • Clarify and standardize national guidelines for social welfare exemptions for health user fees. Ensure that social welfare offices have the financial and technical resources to properly evaluate candidates and fulfill obligations to pay medical expenditures to hospitals. Ensure that exemptions for CD4 tests are not arbitrarily restricted; and
  • Ensure that all individuals testing positive for HIV are provided with information on: where to access medical care and counseling (including information on requirements for accessing antiretroviral therapy and medicine for opportunistic infections); criteria for social welfare exemptions for health user fees; the rights of individuals participating in clinical research trials; and, the broader rights of people living with HIV/AIDS to nondiscrimination.

On the right to earn a livelihood:

  • Respect the right to work of all people:
    • Clarify the procedures and requirements for obtaining a trading license, allocation of vending stalls, and expedite the process for obtaining a trading license. Ensure national standards for licenses and guarantee nondiscrimination against women and people living with HIV/AIDS in eligibility requirements for a trading license. Set up appropriate, participatory, non-formal forums for the discussion of informal trading practices with representation by street vendors and hawkers, NGOs, local authorities, the police and others;
    • Facilitate participation by vulnerable and marginalized populations, including women and people living with HIV/AIDS in the informal sector of the economy by setting reasonable and appropriate license fees; and
    • Review legislation on informal trading activities and expand legal access to the use of appropriate and available space for vending in urban areas.

On women’s rights:

  • Legislate and enforce prohibitions against practices that place women at a disadvantage in society and increase their risk of HIV infection—such as domestic violence and discriminatory customary laws.  Enact the Prevention of Domestic Violence and Protection of Victims of Domestic Violence Bill of 2005 without delay;
  • Initiate legal and policy reforms that ensure that legislation and traditional practices are nondiscriminatory, gender-sensitive and empowering to women. To this end repeal or amend section 23 (3) (b) of the constitution which discriminates against women in the private sphere, and recognize women’s matrimonial property rights under unregistered customary unions;
  • Ensure that all protections afforded to women are strengthened and fully compliant with Zimbabwe’s obligations under the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and are implemented as a matter of urgency; and
  • Undertake measures to combat violence and discrimination targeted at women living with HIV/AIDS.

On the participation of civil society and PLWHA in HIV/AID- related programs:

  • Repeal or amend all legislation which inappropriately interferes with the work of local and international NGOs, including legislation governing the operation of NGOs and private voluntary organizations. Ensure that activists and NGOs working with and supporting PLWHA are free to carry out their work without fear of harassment, intimidation or arrest;
  • Ensure the meaningful participation of PLWHA and civil society in the decision-making and monitoring process of all HIV/AIDS-related funding, policy, and programming. PLWHA and civil society should be included in monitoring the government’s progress in the fulfillment of its commitments and obligations relating to HIV/AIDS. For example, in the monitoring and reporting of the 2006 Global Fund grant and the report to the United Nations General Assembly in 2008 on the establishment and progress towards national targets related to the 2006 High Level Meeting on AIDS; and
  • Regularly conduct general HIV/AIDS awareness campaigns that provide comprehensive information on how HIV/AIDS is transmitted and how it can be prevented, to fight stigma and discrimination, with a particular emphasis on discrimination within the home and family. Where the rights of PLWHA have been violated there should be accessible and nondiscriminatory mechanisms to remedy their grievances.

To international donors, including the US and UK governments

  • Continue to call on the government of Zimbabwe to respect human rights and provide an environment that is conducive to effectively addressing the crisis;
  • Support those persons displaced by Operation Murambatsvina including providing support for income-generating and microfinance projects, to provide financial security to those affected by the evictions;
  • Support women’s grass roots rights organizations and community initiatives by providing them with funding and other forms of assistance for their work on women’s rights and HIV/AIDS such as: 
    • Programs that raise general awareness on HIV/AIDS treatment and prevention, and fight stigma and discrimination;
    • Prevention interventions that provide comprehensive and accurate information and reduce the vulnerability of women to infection;
    • Strengthening legal protections on property inheritance and ownership for women, especially those living with HIV/AIDS; and
    • Promotion of advocacy work with both men and women in the community that challenge abusive and violent behavior.
  • Work to ensure donor supported sites, provide all individuals testing HIV positive with information on:
    • Where to access medical care and counseling (including information on requirements for accessing antiretroviral therapy and medicine for opportunistic infections);
    • Where to access legal assistance for domestic violence or violations of inheritance and property rights;
    • The criteria for social welfare exemptions for health user fees;
    • The rights of individuals participating in clinical research trials; and
    • The broader rights of people living with HIV/AIDS to nondiscrimination.
  • All testing should be done with the fully informed consent of the individual being tested and procedures should be followed that ensure strict confidentiality of the test results; and
  • Urgently increase assistance to HIV/AIDS programs, to ensure the rapid scale-up of ART for those in need. This assistance can be through direct support of government of Zimbabwe public health facilities (including clinics, laboratories, etc) and social welfare offices, or through non-governmental organizations providing treatment and support, including private non-profit and faith based organizations. Ensure that treatment programs take into account the particular obstacles confronting women, other marginalized groups, and homeless persons in terms of accessing and adhering to treatment.

To the Global Fund to Fight AIDS, Tuberculosis and Malaria

  • Take steps to ensure that grants from the Fund are allocated in a transparent and accountable manner by the government of Zimbabwe;
  • Ensure participation of PLWHA and civil society, in the decision-making, monitoring and reporting process of the 2006 Global Fund grant; and
  • Monitor the equity of access to ART provided by Global Fund support according to gender and geographic residence. Ensure that eligibility criteria for ART are scientifically supported and not subjected to manipulation or unnecessary, and therefore arbitrary, obstacles.

To United Nations agencies working on HIV/AIDS programs in Zimbabwe including UNAIDS, UNDP, and UNICEF

  • Ensure the meaningful participation of PLWHA and civil society, in the decision-making and monitoring process of all HIV/AIDS-related funding, policy and programming. PLWHA and civil society should be included in monitoring the government’s progress in the fulfillment of its commitments and obligations relating to HIV/AIDS, for example in the monitoring of the report to the United Nations General Assembly in 2008 on the establishment and progress towards national targets related to the 2006 High Level Meeting on AIDS; and
  • Provide support to the Ministry of Health and Child Welfare for the means to provide monitoring and evaluation of the equity of antiretroviral treatment scale-up with measurement of individuals in need of ART accessing therapy by gender and geographic residence.


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