Landmark Anti-HIV Stigma and Discrimination Case Advances In Uganda’s Equal Opportunities Commission

On 27th September 2023, the Equal Opportunities Commission (EOC), HIV and Human Rights advocates, led by the Center for Health, Human Rights and Development (CEHURD), and the Uganda Network of Young People Living with HIV&AIDS (UNYPA) received a positive court judgement against Pastor Martin Ssempa, a prominent religious leader in Uganda, who circulated comments on his Twitter (now X) page and other social media platforms, that were discriminatory, stigmatizing and an affront to the dignity of persons living with HIV, contrary to Article 21 of Uganda’s Constitution, which guarantees equality and freedom from discrimination and Article 24 which guarantees freedom from cruel, inhumane and degrading treatment.

Pastor Martin Ssempa made repeated disparaging and stigmatizing remarks, attacking the Y+ Beauty Pageant held annually by UNYPA since 2014. The pageant aims at reducing self-stigma among young people living with HIV by emphasizing their inner beauty, turning stigma into pride, improving their self-esteem, and becoming more proactive advocates to reduce stigma within self and their surrounding environments. The pageant also aims at increasing awareness about health care stigma, leading to increased access to health care and home-based caregiving for People Living with HIV/AIDS.

The Equal Opportunities Commission tribunal on 27th September 2023 ruled in favour of CEHURD, the complainant in the case which is a big win for people living with HIV/AIDS as well as HIV and Human Rights organizations!

Court specifically ordered that; “Pastor Ssempa shall forthwith desist from uttering or posting on social media or the mainstream media any statements that have the effects of causing stigma against people living with or affected by HIV/AIDS”

“Pastor Ssempa shall within a period not exceeding 14 days effectively withdraw any discriminating and stigmatizing statements posted on his social media against all persons living with or affected by HIV/AIDS”

Court has emphasized that stigmatizing people living with HIV is to undermine the journey our country has moved and all the efforts to fight against HIV/AIDS.

“Everyone in Uganda is affected by the HIV epidemic. Over 1.5 million Ugandans are living with HIV, and today adolescents with HIV are standing proudly—without shame—on the front lines of efforts to secure access to quality HIV treatment and prevention for all, with dignity,” said Nakibuuka Noor Musisi, of CEHURD.

“Pastor Ssempa’s cruel attempt to deny HIV positive people the right to celebrate themselves is an affront to Uganda’s constitution, and contradicts common sense. HIV stigma among young people with HIV too often results in shame and depression. Interruptions in access to life saving HIV treatment services among adolescents is commonplace because of stigma. UNYPA’s beauty pageant is a powerful program to fight stigma and should be amplified and expanded.”

“We are glad that the equal opportunities commission has stood firm on its mandate and made this important decision. As young people living with HIV, we are more than glad that we can still use the beauty pageant to ensure that we end stigma and discrimination against us! This is the way to go” Ruth Awori, Executive Director, UNYPA.

“Pastor Ssempa’s rhetoric targeting people living with HIV weakens Uganda’s effort to prevent, treat and defeat HIV. He is fueling stigma and discrimination, which is associated with worse health outcomes for people living with HIV. In addition to a positive judgement in this case, the government of Uganda should repeal the discriminatory laws set out in the HIV/AIDS Prevention and Control Act, which criminalize people living with HIV and increase the likelihood of disparaging remarks we have observed from Pastor Ssempa.” Nawanyaga Gloria- Founder, GILO young positives Association.

Congratulations to us all!