The HIV branding backlash

Lubulini MP and Ncandweni Christ Ambassadors leader Timothy Myeni’s statement about initiating a law that will make it compulsory that HIV positive people are tested and branded on their buttocks has touched a raw nerve - not only in Swaziland but the world over.

Myeni is an honourable member of the House of Assembly and is already serving his second term. He is definitely no novice and should know better what to say and how to say it.
People expect better from him, as he is not just an ordinary MP, but a Pastor and professional. All these points to someone who should be respected and has a rational understanding of engaging in public discourse.
However, his honest, bottom-of-the heart feelings about HIV and AIDS are not shared by the wider society and sadly he has learnt the hard way through a backlash that has triggered headlines both at home and abroad.
Today, organisations of People Living with HIV and AIDS are calling for his political and business head.
petition
SWAPOL, the Swaziland Positive Living, a non-government organisation supporting people living with HIV and AIDS is threatening MP Myeni with a petition that will see him being ejected from Parliament and have further threaten his thriving gospel music career.
They are not alone in making this threat, the Treatment Action Campaign (TAC); another similar organisation in South Africa, is threatening to bring his music business down.
The fact of the matter is that MP Myeni’s position with regards to people living with HIV is offensive and regrettable, especially coming from an honourable Member of a Parliament, whose people are the most affected by HIV and AIDS in the world.
Swaziland’s HIV and AIDS figures are the highest and the world would expect that all our institutions are sensitive to the question and the manner we treat those affected by it.
That one is infected or affected does not make him or her less of a human being - whose status should be subject for humiliation whenever you are about to engage on sexual activity or take a shower.
HIV and AIDS is not just the only disease that threatens our very own existence as a people, but there are so many other diseases including Swine flu. There is just no logic in the branding argument – no matter how strongly the MP may feel.
We expect people in his position to support those who are engaged in the fight against HIV and AIDS. He is even having a big task or responsibility of ensuring that people living with HIV and AIDS in his own constituency are well looked after and society does not discriminate against them.
Look, in Swaziland we know better what stigma does to people. We have seen it with our own sisters and mothers who are widows. Custom dictates that they wear mourning gowns. The treatment we give them is not that of a normal person - we either treat them badly or feel pity for them and no one wants to be discriminated against or treated differently because of his or her condition. How much more then about those we are saying must be branded once they are diagnosed to be HIV positive.
There is no argument here even on the view that it is in the buttocks - a private place where only those you are sexually involved with will see. A person’s HIV status is a private matter that one decides voluntarily to go public about.
No one, under any circumstance, must be forced to reveal it. What we must be preaching and teaching is being responsible and protecting oneself and your partners against infection. This will happen without any branding.
There is further no evidence that once one is branded, the figures will drop or people will start to be careful about their sexual choices. No! Some of the people who are HIV positive today didn’t get it through the way MP Myeni is suggesting – willingly. Some got it through forced sex, others through caring for their relatives.
SWAPOL’s demand is an unconditional apology from the MP and they have threatened to petition the Speaker Prince Guduza if he does not comply.
Constitutionally speaking, they stand no chance of successfully forcing his withdrawal from Parliament.
 disgrace
A clause that seeks to recall incompetent MPs or those who disgrace their communities was rejected by MP Myeni and his colleagues in the House of Assembly back in 2005. The public stand no chance, legally speaking, to recall an MP and SWAPOL’s petition to the Speaker does not have any legal basis in terms of the current Constitution.
Section 97 of the Constitution states circumstances under which an MP can be disqualified. Amongst them is if someone is declared insolvent under any law and has not been rehabilitated or to be of unsound mind.
He can also be disqualified if he is under sentence of death or of imprisonment for more than six months for an act which is criminal offence in Swaziland.
It is obvious that MP Myeni meets all the qualities at the moment to be an elected MP of Lubulini. However, SWAPOL Director Siphiwe Hlophe is not fazed by the lack of a legal instrument to institute MP Myeni’s recall, saying the fact that there is none doesn’t mean that they should keep quiet.
“This is the right time for us to strike to expose the deficiency of the Constitution. We cannot as a people allow an MP to be so irresponsible in his statement to the detriment of our people. We feel as an organisation we have the duty to bring this matter to the fore and deal with such matters,” she said.
competent
Her views were supported by SWAPOL’s legal advisor, Philile Mlotshwa, who said based on the MP’s integrity, they feel he is not competent to continue in his position.
“People of his stature are supposed to be honourable and should not be associated with statements that undermine people’s rights (fairness and justice) and the country’s policies.
“To us he comes out as a person who lacks the spirit of buntfu (compassionate), which does not discriminate anyone against strangers or people with certain disabilities or sickness.
“For him to denounce human rights as nothing is appalling and shows that he is ignorant of public health ethos of confidentiality and that no one should be forced into taking an HIV test,” Mlotshwa said.
She said the MP should know that HIV and AIDS is a phenomenon that has affected other African countries. She made an example of Uganda whom she said managed to deal with it positively without branding or stigmatising people.
“Statements like his portray the country negatively. HIV and AIDS is no longer a morality issue as he wants to make it. We long passed that phase and we now talk care, treatment ad support for people living with the virus. If he does not appreciate or understand certain issues as an MP, he must consult the relevant bodies for help.
“On this matter he must not only apologise but must repent. His position exacerbates the stigma and he needs to care for people living with HIV even in his own community.”
Deputy Attorney General Sabelo Matsebula said pressure groups like SWAPOL don’t have the legal basis to recall an MP.
“We don’t have such legislation. We all know that such a clause, was rejected by Parliament. But in most cases pressure groups don’t mean what they say other than making sure that they bring attention on the matter under discussion.
“They just want to make sure that those in authority are aware about the issue and take appropriate action. The Speaker can only plead with his colleagues to be careful in future about what they say in public. For them to succeed here they would be required to prove sufficient interest that the matter they are raising affects them more than the rest of society, which is proving their locus standi,” Matsebula stated
Locus standi proved or not – MP Myeni surely needs to apologise to the Nation without qualifications. From now onwards, he must wear another cap – that of being an AIDS ambassador. What a way to learn to be careful about HIV and AIDS issues Hon. Myeni!
We also, as the general public, became aware how we feel about such issues. MP Myeni’s statement - no matter how unfortunate- has given us the measure to see where we stand in such issues.

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