“When my employer found out I was HIV positive, they detained me without explanation in my room for 10 days. They terminated my contract with no legal grounds given and sent me back home. I was only informed of the reason an hour before I boarded my flight,” narrated Sunil (not his real name), a young Sri Lankan, as he shared his experience working in the Middle East three years ago.

According to estimates, young people aged 15-24 represent 45 per cent of all new HIV infections globally, and in Asia, over 95 per cent of these new infections occur among young people in key affected  populations – like Sunil. “I had sex with several men before. My parents don’t know about my sexual preference and being positive for HIV.  Until now, I feel stigmatized and discriminated against because of my status,” he said.

Sunil told his story at an Asia-Pacific meeting of the Global Commission on HIV and the Law, held in Bangkok on 17 February. The event is the first in a series of regional dialogues to be organized across the world. Some 150 participants gathered in the Thai capital to discuss the legal and social issues faced by people living with HIV, as well as key populations at higher risk of becoming infected, including young people.

According to the Commission, 90 per cent of countries in the region still have laws that act as barriers to HIV response. For example, 16 Asia-Pacific countries impose travel bans on people living with HIV, 19 countries imprison individuals engaging in same-sex relations and 29 countries criminalize sex work.

“These laws violate people’s rights, lead to increasing numbers of HIV infections and need to be changed,” said Michel Sidibe, Executive Director of UNAIDS, at a press conference. He called on governments to “make laws that protect people, and not to create an environment which will make people go underground and hide themselves.”

Despite successful educational campaigns on AIDS since the first case was diagnosed 30 years ago, there is still widespread stigma and discrimination against sex workers, men engaging in male-to-male sex, transgenders and injecting drug users, which limits their access to HIV prevention.

In Thailand, where sex work and men having sex with men (MSM) are tolerated more than in many other countries in the region, UNAIDS figures indicate the HIV infection rate among sex workers has doubled in the past five years and half of the newly infected people in Bangkok are MSM. “Discrimination affects the ability of these people to access the services,” said former senator Jon Ungpakorn, a Global Commission member. “That’s why these groups have higher incidence of HIV than the general population.”

Discrimination also limits the access many young people have to sexual and reproductive health products and services.  Many countries require parental consent before young people can receive HIV tests or, where they are legal, harm-reduction services such as sterile needles and syringes, and young people often face breaches of confidentiality when accessing these services.

“I urge lawmakers to focus attention on vulnerable and most at risk young people as 95 per cent of new HIV infections of young people globally occur in this group. Young people involved in sex work, injecting drugs or having unprotected sex have high risks of HIV infection. Their HIV tests must be carried out confidentially and not be mandatory,” said Skand Amatya, a delegate from Youth LEAD, a coalition representing young people from key affected populations across the region. “For us [young people] to overcome the barriers, we need to have government commitment, and adequate information and services on HIV.”

UNFPA, the United Nations Population Fund, supports and partners with youth groups, like Youth LEAD, in addressing the sexual and reproductive health needs of young people, those most vulnerable and in key affected populations.

The regional dialogue, hosted by the Global Commission on HIV and the Law, was jointly organized by UNDP, UNAIDS and UNESCAP. The Commission is made up of global leaders on HIV-related legal and human rights issues, including jurists, political leaders and policy makers from across the world. The findings and recommendations of the Commission will be announced in December 2011.

– Philip Nalangan