ZARAN hails draft constitution's anti-discriminatory clause

ZARAN hails draft constitution's anti-discriminatory clause
By Masuzyo Chakwe
Mon 25 June 2012, 13:21 CAT

THE Zambia AIDSLaw Research and Advocacy Network says many people living with HIV continue to suffer human rights abuses due to a weak legal framework that does not fully recognise their rights.

ZARAN executive director Malala Mwondela said HIV positive people suffer all forms stigma and discrimination especially in places of work usually with little or no redress.

Mwondela expressed happiness that the anti-discriminatory clause in the draft constitution was progressive in that it had broadened the grounds upon which discrimination was outlawed.

"It has also outlawed direct and indirect discrimination. The anti-discrimination clause is also progressive as it outlaws discrimination that emanates from state and private sources alike. This expansion of the anti-discrimination clause is progressive as the current constitution is limited as it does not address the incidents of discrimination outlined in the draft constitution of 2012. Most importantly that discrimination clause prohibits discrimination on the basis of health status. This will enhance protection of PLHIV (People Living with HIV) from discrimination in workplaces and other settings," Mwondela said.

She commended the PF government and the technical committee drafting the constitution for producing the first draft on schedule.

Mwondela further commended the technical committee for extending the period for consultations.

She noted that most provisions in the draft constitution pertaining to the health of Zambians especially those who were living with HIV and AIDS were progressive.

"The draft constitution does not just holistically address the right to health, but deals with the quality of life that all Zambians, including people living with HIV must enjoy. ZARAN would like a constitution that will guarantee better access to health services for all Zambians especially people living with HIV and AIDS. The draft constitution therefore offers an opportunity for this to be achieved. This includes the protection of a wider range of economic, social and cultural rights," she said.

Mwondela said it was gratifying that the initial basic minimums such as freedom from inhuman and degrading treatment, right to life and the right to privacy were progressive in that they protect the rights of people living with and affected by HIV and AIDS.

"In this respect, the right to privacy as couched in the draft constitution is progressive in that it safeguards against a wider range of invasion of privacy such as forced or unapproved disclosure of personal information or status, forced or compulsory medical test, breach of the duty of confidentiality and eavesdropping or invasion of privacy in relation to communications. The draft constitution should also empower people living with HIV to demand that their identity and privacy be protected in legal proceedings in which information on these matters will be raised," she said.

Mwondela also said international guidelines oblige countries to enact or revise anti-discrimination laws to protect groups that were more vulnerable to HIV and AIDS.

She urged the government to continue with the inclusive and transparent manner that the constitution-making process was progressing.

"We further call on the government to enhance the protection of a wide range of economic, social and cultural rights in the final constitution. We further urge the government to immediately constitute the referendum commission which will look into the process of holding a referendum. We the people of Zambia demand a constitution that will protect the rights of all Zambians including people living with HIV and AIDS," said Mwondela.