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The Parliamentary Committee on HIV/AIDS has come up with a bill on HIV/AIDS, which seeks to introduce criminal sanctions to prosecute HIV-positive people who intentionally or negligently infect others with the virus.
While in a public place, it is common to overhear someone mentioning that they “cannot die alone” if they get infected with HIV/AIDs. There is a general feeling of revenge among most of the young people who unfortunately find themselves infected with the deadly HIV/AIDS virus. Fifteen years back, knowing that you are infected with HIV/AIDs, would be like telling you to halt whatever future plans you had and prepare yourself to die. More like someone staring at the barrel of the gun waiting for the bullet to send him to his maker.
Today, with a lot of HIV/AIDs counselling, support and drugs available, with less stigma attached to HIV/AIDs than before, would be the wrong time to introduce a law that would drive all that so far achieved underground.
Tibatemwa Lillian, a law professor at Makerere university, says that criminal prosecutions will deter people from getting tested because of the increased stigma of declaring one’s HIV status. She further mentions that the proposed law presents many legal difficulties, for instance, proving that a particular person knew that he or she was HIV positive, and knowingly infected another against the other’s consent.
The proposed law would require forceful testing of HIV for every Ugandan and disclosure of one’s HIV status before engaging in sex, a situation which would be difficult for the state to regulate. Countries in east africa including Uganda and Tanzania are seeking to emulate the USA and Canada where such a law is in place.
