Access to Justice for MSM in Africa, in the context of HIV Joel Gustave Nana Executive Director

2. Access to Justice for MSM in Africa, in the context of HIV Joel Gustave Nana Executive Director African Men for Sexual Health and Rights

3. Context • Male same-sex sexuality is widely criminalized on the continent – 38 countries out of 53 still sustain some laws that outlaws the practice • There is an increasing number of countries trying to either introduce such laws in their books or reinforce the penalty when the law exists already. • The provisions on the penal code are increasingly being used to arrest, detain, blackmail and most importantly silence MSM across Africa • When arrested, it is often difficult to secure legal representation for MSM persons

4. Understanding and tackling the issue • Focus on the WHAT – meeting specific human rights requirements for full access to HIV services: non-discrimination, equal protection of the law etc… • Focus on the WHY – because accessing justice is a right to which every individual is entitled regardless of his/her sexual orientation/behavior and/or gender identity/expression • Focus on the HOW – redressing human rights violations and addressing the legal impediments to enhance access to services.

5. What is Access to Justice? • Accessing and enjoying the full protection of the law without any legal or any other restriction; • Enjoying access to health services and specifically HIV services without any direct or indirect legal impediment; • Access to Legal representation as and when needed to ensure protection and redress from Human rights violations including the rights to the highest attainable standard of health;

6. Why is access to justice important for MSM? • State’s legal obligation to protect, to promote and to fulfill human rights, including the rights of anyone to access justice and enjoy equal protection of the law. • Human Rights are interdependent, and interrelated. The violation of one right hinders the enjoyment of other rights. E.g: the impact of arrest/detention hinders to enjoyment of the rights to the highest attainable standard of health. • Services can only be sought and accessed when one feel free to do so.

7. Example 1 Alim Mongoche and the Cameroon 11

8. Example 2 • The Crackdown in Senegal and the impact on access to services by MSM

9. How do we improve access to justice for MSM? • Empowering MSM communities and government to advocate for the removal of all legal restrictions to accessing HIV services, • Sensitize law clinics, lawyers and the legal fraternity on the need to protect and represent MSM in courts as and when needed • Implementation of strategies aiming at sensitizing the public on the laws and access to Justice • Reinforced links with men who mainstream HIV and Human Rights organizations

10. Additional resources • African Men for Sexual Health and Rights -www.amsher.net • Global Forum on MSM and HIV – www.msmgf.org • State Sponsored Homophobia report by ILGA • Southern African Litigation Center – www.salc.org • The West African Public Interest Litigation Center – www.wapilc.org