Criminalizing HIV Transmission: Revenge comes at a price

Ian McKee, writing in Social Justice Research Journal (Vol. 138, No. 2), says: "People who are more vengeful tend to be those who are motivated by power, by authority and by the desire for status," because, "they don't want to lose face." Those who have studied motivation for revenge tells us that that although the desire to seek revenge is very human, emotions that fuel revenge vary across cultures. 

But why talk about revenge when the discussion is about criminalization of HIV transmission? Well because, in the law criminalizing transmission of HIV is the desire to punish people we think engage in wilful/deliberate transmission of the virus. It does not seem to matter that the harm caused by these laws, far outweighs their presumed benefits. 

I could never write better than UNAIDS on this topic – and they have provided excellent guidelines on the appropriate legal approach to willful transmission of HIV – Here are their guidelines. 

In Kenya both the HIV and AIDS Prevention and Control Act, 2006 - part VI, and the Sexual Offences Act, criminalize willful transmission of HIV. The sexual offense Act, speaks not just of HIV but also of other sexually transmitted diseases. Yet it is the HIV and AIDS prevention and Control Act that goes overboard. It places an unreasonable demand requiring a “person who is and is aware of being infected with HIV ….[to] inform, in advance, any sexual contact ….of that fact.”

No one can argue on the need to protect the public good, but it makes no sense at all to use strategies that are self-defeating. As the UNAIDS documents notes “such application [of laws] risks undermining public health and human rights….[and] directly contradict efforts to prevent HIV transmission by encouraging safer sexual practices, voluntary HIV testing, and voluntary disclosure.” 

Moreover we now know that “much onward transmission takes place soon after a person has acquired HIV, when his/her infectiousness is high and before the person knows or suspects s/he is HIV positive or that s/he may be passing the virus onto others” so really, creating conditions that criminalize people on account of their health status, cannot be about good public health reasons. 

Methinks it is about our cultural disposition to revenge – even when we know such revenge makes a bad situation worse. Since the launch of the “Kenya HIV Prevention Revolution Road Map” last week, there have been many stories in the media on HIV – yet, it deserves to mention that in the same way we cannot possibly “treat ourselves out of this epidemic.” It is also a fact that we cannot “arrest ourselves out of the epidemic.”

Referendum & the anti-homosexuality Bill in Kenya

It is a practice in politics to pick on a particularly emotive issue to activate the public to participate in a desired political action. In the Kenyan political history, such issues have revolved around tribe and land. Increasingly however, we are beginning to witness social and moral issues coming into play. It is no wonder then that homosexuality crops up every now and then.

At the moment there are two forces seeking for a referendum to change the constitution. These are the Governors’ Forum that would like for the constitution to provide a minimum of 45% of the National revenue allocated to Counties. Then there is the “Okoa Kenya” Forum – whose issues I do not know (and that speaks a lot). 

To the Governors’ Forum group – money follows functions – that is a basic 101 of any devolution process. The question then is; can they tell us which government functions they want devolved to the counties, to warrant the 45% allocation of the National revenues. We shall then discuss whether we want a constitutional amendment to allocate these functions – in a binding way to all the 47 counties. It should never be about the money – it is always about functions!

To the Okoa Kenya people – first, they deserve to be commended for reviving the opposition spirit in Kenyan politics. Progressive forces in Kenyan politics and the civil society have always by design or default aligned themselves with the opposition and the “change” movement. But right now they are not speaking in any coherent way. This is unfortunate because the “referendum” means different things to different people. Let us not forget the conservative forces in Kenya have never really been comfortable with this constitution. They may be faking their opposition to the “change the constitution” movement, but you can take this to the bank, they want it more than the Okoa Kenya people!

This is not to say the Okoa Kenya people do not have genuine grievances – they do. They feel and rightly, that they way Kenyan politics is organized, only a small click of oligarchs will ever access to power – aided as they are by tribal identity as a basis for political machinations. We do need to change our politics – but attempting to do it through a constitutional reform; and at a time when the conservative forces control state machinery and enormous financial muscle is the worst mistake we can ever make!

The Okoa Kenya people may be doing all the ground to make the referendum euphoria build up, but watch the space – at the framing of the referendum questions, because that is where the rubber meets the road. The current anti-homosexuality bill, in my view sets the mood for the framing of the questions. Whatever shape they take, you can take this to the bank; the final outcome will include significant rolling back of the bill of Rights! The rights of minorities (including issues related land rights), women rights and other marginalized groups are on the roll here – thanks to homophobia, an African political gift that keeps on giving. 

My advice to the Okoa Kenya people – we do have political issues to address, and yes they are foundational to how we co-exist with each other as country, but let us seek an alternative route – not the referendum. What we need is massive civic education, and political reorganizing, especially along the Right & Left political and economic thought fronts. 

Let us have leading political parties support the rights of the poor, the middle class and the people at the margins because of foundational political, social and economic ideological commitments rather than tribal identities. Let us have confidence in the Kenyan public that they can actually activate, mobilize and organize along other grounds besides tribalism and conservative morality.

A Savings & Investment Club for Us – Spread the word!

I came across this quote recently: “Goals are harmful unless they guide you to make specific behaviours easier to do. Don’t focus your motivation on doing Behaviour X. Instead, focus on making Behaviour X easier to do.” 

Many of us have the goal of saving money to acquire land or other property, but are daunted by the large amounts that one would have to accumulate to reach his/her goal. Others would like to support their friends or family members get to the gaol of owning some property but are similarly daunted.

Now a Savings & Investment club has recently (June 2014) been created to support the realization of these goals. The club meets monthly (at venues decided at preceding meetings), and has a monthly contribution of Kshs. 8,000 (Kshs. 2000/week). New members will however have to top-up for July and August contributions.  These savings are banked with Rafiki Micro-finance bank, with the prospect of getting loan financing X 9 of the saved amounts to realize the club’s goal.

The current goal is to purchase a large track of land that can then either be subdivided to or sold at concessionary rates to members and market rates to non-members – once this is realized members will vote for a new project.

The club members have discovered that instead of “focusing on building a savings culture, it is preferable to make savings easier to do.” /And have therefore made their monthly meetings an opportunity to catch up with each other, and they also invite life-coaches for a 30mins – 1 hr. presentation on issues important to the members. 

In addition to making monthly contributions, members must also ascribe to the membership terms and conditions – which largely reflect the general rights and obligations of any regular Savings and Investment Club.  This club however has made a deliberate effort to ascribe to global standards on equality and non-discrimination. People who support homophobia or transphobia may find the respectful attitudes towards all Kenyans prevalent in the club rather challenging.