AFRO-NETS> Respect for the Rights of PLWH/A

[Tony Adesemoye <chedcom@yahoo.com>]

Respect for the Rights of PLWH/A
--------------------------------

One could not but feel very concerned for People Living With HIV/AIDS 
(PLWH/A) after reading through the update on the case of Mrs. Georgi-
ana Ahamefule on page 3 of February 20,2001 edition of the Guardian 
Newspaper. The woman had gone to the Lagos High Court, Ikeja division 
to seek redress over the "abrupt termination" of her appointment af-
ter working for five years with Imperial Medical Centre because she 
was HIV positive. Perhaps the double jeopardy that the woman had been 
contending with (living with HIV and living without a job) is not 
enough, she was refused entry into the courtroom. 

The presiding judge, Justice Caroline Olufawo was alleged to have re-
fused her entry into the courtroom during a proceeding on February 5. 
The judge reportedly said among others: "Having listening to the ar-
gument of both counsel on the issue of the risk of a HIV-patient-
plaintiff giving evidence in court. I am of opinion that the view of 
the learned counsel for the defendants should be respected, in view 
of the fact that life has no duplicate and must be guarded jealously; 
it is hereby ordered that an expert opinion be heard on the subject 
matter either from an expert in Nigeria or from any other part of the 
world where research had been fully carried out".

 This is tantamount to presenting HIV as an execrable stigma and that 
definitely led to exacerbation of Mrs. Ahamefule's agony! Expectedly, 
she was dissatisfied with the ruling, and has headed for the court of 
Appeal for redress. One is happy at her courage and the Social and 
Economic Right Centre (SERAC) that filed the action on her behalf. We 
hope justice would be done in this case and she would get a reprieve. 
But what happened in that court smacks of inadequate information 
about HIV/AIDS, it is a pointer to the need for more effort from eve-
rybody especially social workers. It is not yet time to go to bed, we 
are just starting! Although many people might have heard the word 
'HIV/AIDS' but only very few really know what it means including 
well-educated people 

Imagine, that Kasumu Alfred, a Professor of Law and senior Advocate 
of Nigeria (the defence counsel in the above case) protested the en-
try of the applicant based on the argument that other people in the 
court face the risk of infection. Thus it behoves all stakeholders to 
tighten their belt. The media should give more support than before. 
There is need for behaviour change among editors who are wont of 
dumping HIV/AIDS stories. Reporters have alleged that many editors 
are seeing HIV/AIDS stories as repetitions-it is not! 

Justice Olufawo probably did not know that HIV cannot be contacted by 
merely staying in the same courtroom with an infected person. You 
find out that people who are well educated and expected to have ade-
quate information about HIV/AIDS do not have it, not to talk of il-
literates. The dangers inherent in situations like Georgiana's case 
prompted Centre for Health, Education and Development Communication 
(CHEDCOM), to call on all stakeholders to re-invigorate through mas-
sive campaign and education of the generality of the populace. SERAC 
has done very well in spearheading the case, additionally both local 
and international communities including donors agencies should sup-
port the initiative.

Emphases have been made on the right of PLWH/A on a number of occa-
sions at the international level. For instance, a regional network 
in1994 (Dakar Declaration) among other provisions, stressed that 
PLWH/A have rights to equal access to work but legal practitioners 
seems not to be informed about this. This case is a cause for concern 
more so that the plaintiff is a woman. Her disengagement from work 
and the agony she is currently going through would have direct impli-
cation on her children and her spouse. But her hope and others like 
her are not lost, if the public would encourage, support and care for 
them. In addition, people should avoid discrimination and stigmatisa-
tion of PLWHA and respect their fundamental rights, like any other 
human being. 

Tony Adesemoye
Program Officer
Centre for Health Education and Development
Communication (CHEDCOM)
167, Iju Road (Fagba Bus/Stop)
Ifako/Ijaiye
Lagos, Nigeria
mailto:chedcom@yahoo.com 
or 
mailto:chedcom@hyperia.com

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