Proposed reforms to Angola's Penal Code have divided opinion in the country about whether HIV-positive people who intentionally infect others with the virus should be punished. The law under discussion calls for a sentence of between three and 10 years in prison for those who knowingly pass on infectious diseases, including HIV. Some argue that the law will act as a deterrent; others say it will bring more problems than benefits.
Values, Policies and Rights
Angola: Should intentional HIV/AIDS infection be a crime?
IRIN Africa, 30 May 2008
AU Summit: 205 African & Global Organisations & Networks Call on African Leaders to Fund AU Africa Health Strategy
Egypt African Union Summit Media Statement, 28 June 2008
Two hundred and five African and global organisations and networks have called on the Assembly of Heads of State of the African Union to ensure the Implementation Plan of the AU Africa Health Strategy is urgently and adequately funded, and for the AU Abuja 15% Commitment to health to be implemented by all member states. The Implementation Plan was adopted by African Ministers of Health on the 17th of May 2008 following presentation of the Health Strategy in 2007 by the AU Commission Social Affairs Division. It provides guidelines for implementing various African health frameworks, health MDGs and global Universal Access targets including on TB, HIV and AIDS, Malaria, Child and Maternal Health. The Health Strategy Implementation Plan will be presented for final approval to the Assembly of Heads of States meeting in Sharm El Sheikh, Egypt on the 30 June and 1 July. In a statement on the eve of the Assembly, Rotimi Sankore Coordinator of the Africa Public Health 15% Now Campaign stated:
"The AU Africa Health Strategy is a landmark document. But without funding for its Implementation Plan from our Heads of State and Finance Ministers, it will be reduced to an empty gesture resulting in even more deaths than the current 8 million African lives lost annually to mainly five health conditions being TB, HIV and AIDS, Malaria, Child and Maternal Mortality."
Further details: /newsletter/id/33210
Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa
Pretoria University Law Press, 2008
The Compendium of key documents relating to human rights and HIV in Eastern and Southern Africa is a collection, in five parts, of global, regional, sub-regional and national human rights instruments, policies, legislation and case law that are relevant to HIV and AIDS. In most instances, only excerpts pertinent to HIV and AIDS are provided. When applicable, reference is made to a source where the full text may be accessed.
Medical Schemes amendment bill (draft)
Department of Health, Government of South Africa, 2 June 2008
This bill is intended to amend the Medical Schemes Act, 1998, so as to provide for risk equalisation among medical schemes; to amend and insert certain definitions; to provide for the establishment of a risk equalisation fund; to extend the functions of the Council for Medical Schemes in relation to risk equalisation; to provide for the application of risk equalisation to medical schemes; to provide for the provision of information by medical schemes to the Council for Medical Schemes for purposes of risk equalisation; to provide for the methodology and procedures for risk equalisation; to amend the provisions relating to benefits and contributions provided by medical schemes; to amend the provisions relating to the composition of boards of trustees and eligibility of persons to serve as trustees or principal officers; to define the respective functions of boards of trustees and principal off key to specify the powers of the High Court in relation to election processes; to amend the provisions relating to disclosure of trustee remuneration; to provide for good corporate governance guidelines and associated disclosure requirements; to amend the provisions relating to the powers of the Minister to make regulations; to amend the provisions relating to offences; to rearrange some of the existing sections; and to provide for matters in connection therewith.
Medicines and Related Substances Amendment Bill (draft)
Department of Health, Government of South Africa, 2 June 2008
This bill is intended to amend the Medicines and Related Substances Act, 1965, so as to provide for the establishment of the South African Health Products Regulatory Authority; for the certification and registration of products which include medicines, medical devices and certain foodstuffs and cosmetics, for the control of scheduled substances; and matters incidental thereto.
National Health amendment bill (draft)
Department of Health, Government of South Africa, 2 June 2008
This bill is intended to amend the Medicines and Related Substances Act, 1965, so as to provide for the establishment of the South African Health Products Regulatory Authority; for the certification and registration of products which include medicines, medical devices and certain foodstuffs and cosmetics, for the control of scheduled substances; and matters incidental thereto.
SA Health minister to assume more powers if new bills are passed
Thom A: Health-e News, 17 June 2008
Two bills recently tabled in the South Africa Parliament are set to shake up the private hospital industry and centralise decision-making over hospital tariffs as well as the regulation of new medicines and scientific trials within the health minister’s office. The National Health Amendment Bill (health bill) and the Medicines and Related Substances Amendment Bill (medicines bill) were both published in April and there is widespread agreement that they are the most important pieces of health legislation to be proposed in recent years. The article presents the changes and the debate around the bills.
WHO Secretariat's publications policy questioned at board meeting
SUNS, 30 May 2008
Among the questions raised at the WHO's 123rd Executive Board meeting were the need and rationale for the new publications policy, what the present policy is, and what will be the criteria for determining which issues have "policy implications for the Organisation" and which comprise "controversial health related issues" and thus have to go through additional clearance by the Director-General's Office. Other concerns raised included how the centralisation of the clearance process may remove the clearance authority of the WHO's regional directors, the broad definition of the term "publications" as it covers "materials that are issued by WHO to the public in whatever format and through whatever channel" including advocacy and training materials, how the policy will affect timely support by WHO to countries, and concerns about "self-censorship" as a result of the policy and transparency in the process.
Further details: /newsletter/id/33212
A Critical Review of Uganda’s Draft Industrial Property Bill
Medicine Access Digest 4 (1), March 2008
Most Ugandans are likely to go without essential medicines if the government does not take advantage of the flexibility provisions of the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the process of enacting the national intellectual property (IP) law. HEPS-Uganda’s review of the draft Industrial Property Bill 2007 established that while the draft bill attempts to incorporate the TRIPS flexibilities, some of them were drafted in a restrictive style such that Uganda may not derive maximum flexibility as envisaged by TRIPS Agreement, the Doha Declaration and other non-legally binding instruments.
Activists voice concern over WHO's publications policy
Afronets, 30 May 2007
Some thirty-five civil society organisations have voiced serious concerns over the World Health Organization's publications policy, arguing that the proposed policy, if implemented, will result in a tendency towards self-censorship by the WHO and its staff and HQ offices, to the detriment of the needs and interests of public health, especially in developing countries. They are also very concerned that this policy will hamper timely advice and support by WHO HQ and regional offices to member states over important issues such as application of intellectual property rights and the use of TRIPS flexibilities, other trade and health matters, reproductive health care and other critical issues.