Nigeria: Treatment of persons living with HIV/AIDS by society and authorities, including legislation, support services, and state protection; medical and health services available to persons living with HIV/AIDS
1. Overview
The National Agency for the Control of AIDS (NACA), the federal department responsible for coordinating the national response to HIV/AIDS in Nigeria (Nigeria 2012a, 24, 25), reports that in Nigeria, as of 2012, approximately 3.5 million persons were living with HIV/AIDS, representing a prevalence rate of 4.1 percent of the national population (ibid., 10, 11). NACA further reports that prevalence rates are higher among women than men, and were highest in urban areas, particularly the South-South and North-Central regions (ibid., 19, 21).
The introduction of the 2009 National Policy on HIV/AIDS, developed by NACA to provide regulations and guiding principles for the control of HIV/AIDS (ibid., 11), states that persons living with HIV/AIDS in Nigeria experience "stigma and discrimination" that remains "pervasive" (ibid. Oct. 2009, 9). The Network of People Living with HIV and AIDS in Nigeria (NEPWHAN), a national network of HIV/AIDS support groups whose objective is to "advocate for the rights of people living with HIV in Nigeria," indicated in their 2011 People Living with HIV Stigma Index that "HIV-related stigma was prevalent and an on-going part of life" (2011, 9, 16). Similarly, the US Department of State's Country Reports on Human Rights Practices for 2012 indicates that in Nigeria, "there was widespread societal discrimination against persons with HIV/AIDS" (19 Apr. 2013, 58).
Media report that part of the Nigerian population views persons living with HIV/AIDS as "morally corrupt" (VOA 10 July 2012) or "immoral" (Global Post 25 July 2012). Country Reports for 2012 states that in Nigeria, HIV/AIDS is seen as the result of "immoral behaviour and a punishment for homosexual activity" (US 19 Apr. 2013, 58).
2. Legislation
Sources report that under the legal framework in Nigeria, the protection of the rights of persons living with HIV/AIDS relies on constitutional rights to freedom from discrimination and national HIV/AIDS policies and guidelines (NEPWHAN June 2010a, 24; Nigeria 2012a, 10-13). The 2009 National Policy on HIV/AIDS states that Nigeria is committed to reducing stigma and discrimination and protecting the rights of persons living with HIV/AIDS (ibid. Oct. 2009, 9). However, NACA reports that
minimal progress has been made in addressing the human rights and legal issues surrounding HIV/AIDS. This is mainly due to the fact that, in Nigeria, official policy documents do not constitute law and cannot be enforced in the courts of law ... The problem is that, at the moment, there are no HIV/AIDS specific statutes. (ibid. 2012a, 13).
Similarly, sources state that there are no national laws in place specifically for the protection of persons living with HIV/AIDS from discrimination based on HIV status (GNP+ 3 Sept. 2012; ICARH 25 Oct. 2013; NEPWHAN 29 Oct. 2013).
Sources indicate that four states in Nigeria have state-level HIV/AIDS anti-discrimination laws:
- Enugu State (NEPWHAN June 2010a, 24; HIV Justice 12 Feb. 2013);
- Lagos State (NEPWHAN June 2010a, 24; HIV Justice 12 Feb. 2013);
- Cross River State (HIV Justice 12 Feb. 2013; Leadership 22 May 2013);
- Nasarawa State, which lists fines as the punishment for the "stigmatization" of people living with HIV/AIDS (Daily Trust 10 Oct. 2012).
The NEPWHAN report entitled Criminalisation Scan - Country Assessment for Nigeria 2009 states that the same state-level anti-discrimination laws in Lagos and Enugu states also contain provisions that criminalize HIV/AIDS transmission and exposure (June 2010b, 13). Daily Times, a Lagos-based newspaper, reports that provisions that criminalize "deliberate" transmission of HIV are found in Cross River State legislation and that the potential penalty in that state is life imprisonment (9 Sept. 2011). GNP+, the Global Network of Persons Living with HIV, produces a Global Criminalisation Scan reporting on HIV laws, and reports that no one in Nigeria has been tried for "deliberate" transmission as of 2012 (3 Sept. 2012). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Without providing specific details, the NEPWHAN 2011 HIV Stigma Index, a survey of 706 persons living with HIV/AIDS, reports that 7 HIV-positive persons indicated they had been arrested or taken to court on charges related to their HIV-status (NEPWHAN 2011, 35).
3. Treatment by Society
In correspondence on 29 October 2013 with the Research Directorate, the National Secretary of NEPWHAN stated that
[d]espite the number of interventions, programs and effort of non-governmental organizations through the support and grants from foundations, national and international agencies and corporations, people living with HIV and their family members experience stigma and discrimination on a daily basis as a result of their HIV status, either by their immediate family members, friends, work place colleagues, at the community level and or at the health centres by their care givers. There are reported cases of social exclusion and discrimination at the community level by mostly women living with HIV, students living with HIV and by workers at the work place including the Nigerian Police Force ... [for which] we have documented and reported cases of social and work place un-lawful termination, rejection and exclusion. (ibid. 29 Oct. 2013)
Sources report that stigma and discrimination based on HIV status lead to "rights violations" in a variety of different social contexts (ibid. June 2010a, 22, 23; This Day 5 June 2013).
The 2011 NEPWHAN HIV Stigma Index reports that, for the 706 persons surveyed, the most commonly reported experience (18.8 percent, or 133 respondents) was "being forced to submit to a medical or health procedure, including HIV testing" (2011, 10). Similarly, the Daily Trust reports that, according to the Nigerian Human Rights Commission, most of the 2012 cases that were reported to them were due to testing without consultation, which was "later used to discriminate against them" (Daily Trust 2 Oct. 2012). The 2011 NEPWHAN HIV Stigma Index reports that 20 percent of the persons who had been surveyed experienced denial of health care services and 20 percent experienced breaches of medical confidentiality (2011, 49, 51). Country Reports 2012 states that "persons with HIV/AIDS often lost their jobs or were denied health-care services" (US 19 Apr. 2013, 58).
4. Medical and Health Services
4.1 Available Services
A NACA report indicates that Nigeria is a signatory to international and national policy objectives related to universal access to HIV/AIDS treatment (Nigeria 2012a, 12). NACA reports that state governments and the Federal Ministry of Health are responsible for procuring medications for HIV (ibid. Jan. 2010, 41). Sources report that civil society organizations are also involved in service provision activities for HIV treatment, care and support (ibid. 2012a, 26; This Day 10 Oct. 2013; Independent Consultant 16 Oct. 2013). NACA reports the following:
- 2,624 HIV Counselling and Testing (HCT) service delivery points were available as of 2012 (Nigeria 2012b);
- post-exposure prophylaxis (PEP) medication is available in approximately 20 percent of health facilities in Nigeria (ibid. 2012a, 31);
- 1,320 Prevention-of-Mother-To-Child-Transmission (PMTCT) service delivery points were available across Nigeria as of 2012 (ibid. 2012d).
NACA also reports that antiretroviral therapy (ART) for treatment of HIV was available at 15 percent of health facilities (491 ART sites) as of 2011 (ibid. 2012a, 31). In a 16 October 2013 telephone interview with the Research Directorate, a Senior Associate of Abt Associates, a global research firm, who managed a health facilities mapping survey in Nigeria commissioned by USAID, indicated that there were 646 sites providing ART as of 2012 (Abt Associates 16 Oct. 2013).
4.2 Accessibility of Services
4.2.1 Antiretroviral Therapy (ART) Provision
Sources report that antiretroviral treatment to eligible patients is provided free of charge, in accordance with a 2006 national policy (Nigeria 17 Aug. 2011a; ProjektHope n.d.). NACA reports that 38 percent of the persons eligible for ART medication had access to it as of 2012, and that recurrent drug shortages are a "challenge" (Nigeria 2012c). NEPWHAN stated in the Global Post that "more than half" of those that are eligible are not accessing ART because of shortages (Global Post 25 July 2012). According to the results of the national 2011-2012 Geospatial Mapping of Quality Measures of HIV Services in Nigeria, commissioned, among others, by USAID, 67 percent of the facilities that administer ART to patients "experienced a stock-out of ARVs [antiretrovirals] in the previous six months" before the survey (Abt Associates 2011-2012). The Senior Associate who managed the study notes that ART "stockout in public facilities is no better or worse than any other types of drugs" (ibid. 16 Oct. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
4.2.2 Location of ART Services
NACA reports that HIV medical and health services testing facilities are located in urban areas (Nigeria 2012a, 28). The International Treatment Preparedness Coalition (ITPC), an international NGO advocating for access to HIV treatment (ITPC n.d.), similarly reports that Nigerian ART facilities are "centralized in big secondary and tertiary institutions and these institutions are in the cities" (ITPC Dec. 2011, 2, 41). The Senior Associate noted that ART services are mainly located in urban areas due to higher prevalence rates there, and further indicated that northern and eastern regions of the country are not "served as well" as the central and southern regions (Abt Associates 16 Oct. 2013.). NACA states that facilities providing treatment and access to antiretroviral drugs are "inadequate" in number and geographical spread (Nigeria 2012c). The National Secretary of NEPWHAN stated that
[p]eople living with HIV access services at the General Hospitals and other teaching or tertiary hospitals in the states. ART services is not available at any local clinics, though NACA and Ministry of Health is working to ensure scare up ART services at some selected Primary Health Care Centres in Nigeria, even when the quality of treatment services at the comprehensive or secondary levels are below the standard.
There are no consistent support services to the people living with HIV/AIDS in Nigeria apart from access to ARV where available. (29 Oct. 2013)
4.2.3 Associated Costs of Treatment
Sources report that rural HIV/AIDS patients bear the costs of travel to receive treatment (ITPC Dec 2011, 41; ProjektHope n.d.; Independent Consultant 16 Oct. 2013). Sources report that persons living with HIV/AIDS often bear the costs associated with the treatment of opportunistic infections (Nigeria 2012a, 37; Independent Consultant 16 Oct. 2013; The Punch 3 Oct. 2013).
In correspondence on 17 October 2013 with the Research Directorate, the Executive Director of the Afrihealth Optonet Association (AOA), a non-profit coalition of community-based organizations involved in HIV care and support, indicated, without providing details, that "the greatest challenge to accessing [HIV] services in Nigeria is the high cost of accessing such services even in many government-owned facilities" (AOA 17 Oct. 2013). A 2011 study published in the African Journal of AIDS Research by University of Nigeria health researchers, Chijioke Okoli and Susan M. Cleary, surveyed 240 persons receiving ART treatment in Enugu State and found that the high cost of transportation to treatment sites, HIV stigma, and long wait times during monthly appointments were the "key barriers" to ART access (Okoli and Cleary 2011, 149). In a telephone interview with the Research Directorate, an independent consultant with the US Centers for Disease Control and Prevention (CDC), which supports HIV clinical treatment sites in Nigeria, who is also a consultant with the US President's Emergency Plan for AIDS Relief (PEPFAR), stated that "stigma associated with being identified as HIV positive prevents people from seeking treatment" and that where treatment is available, patients are "subject to long waiting times" in public facilities (Independent Consultant 16 Oct. 2013).
4.2.4 Gender and Sexual Minorities
Sources report that women are likely to encounter additional barriers to accessing HIV treatment and services due to gender inequality in financial decision-making (Nigeria 17 Aug. 2011c; Independent Consultant 16 Oct. 2013).
Sources indicate that the criminalization of same-sex activity in Nigeria causes difficulties for sexual minorities to access HIV/AIDS services in Nigeria (Nigeria 2012a, 13; UN 4 Aug. 2011, 22; ILGA n.d.). In correspondence with the Research Directorate on 2 October 2013, a consultant on human rights and sexual health issues in Nigeria, who also previously served as the executive director of an NGO for men-who-have-sex-with-men (MSM) in Nigeria, noted that interventions and services for HIV/AIDS for MSMs do exist but "are not mentioned in official reports because of the sensitive nature of the issue" (Human Rights Consultant 2 Oct. 2013). In a 25 October 2013 telephone interview with the Research Directorate, the Executive Director of the International Centre for Advocacy and Rights to Health (ICARH), an NGO that runs an HIV clinic for sexual minorities in Abuja, stated that HIV services specific to the LGBT community in Nigeria are "very limited" (ICARH 25 Oct. 2013). Both the Human Rights Consultant and the Executive Director of ICARH reported that LGBT persons living with HIV/AIDS are subject to insensitivity and homophobia when accessing HIV health services for the general public (ibid.; Human Rights Consultant 2 Oct. 2013). For further information on the treatment of sexual minorities in Nigeria, see Response to Information Request NGA103958.
5. Support Groups
Sources report that civil society networks are actively involved in the national response to HIV/AIDS (NEPWHAN 2011, 16; Nigeria 2012a, 26). NACA lists 2,649 civil society organizations and 7 network organizations as non-state actors involved in the "coordination and ownership" of the response to HIV/AIDS (ibid. 17 Aug. 2011b). Some of the organizations involved in HIV support are:
- The Society for Women and AIDS in Africa - Nigeria (SWAAN), a non-profit organization with branches in 29 states to provide "care and support" to persons living with HIV/AIDS (SWAAN n.d.; Vanguard 4 Mar. 2012);
- The Nigeria Youth Network on HIV/AIDS (NYNETHA), which has a membership of 1,000 youth-focused, community-based HIV/AIDS support organizations across all states (NYNETHA n.d.);
- Positive Action for Treatment Access (PATA) is located in Abuja and Lagos, and conducts programs for public education and HIV treatment literacy (PATA n.d.a).
The National Secretary of NEPWHAN stated that there were 1,030 NEPWHAN-affiliated support groups across all states as of 2013 (NEPWHAN 29 Oct. 2013). The NEPWHAN 2011 HIV Stigma Index notes that "support group presence is minimal in Northern Nigeria, and most of the associated support groups ... are found in South-South and North-Central areas of the country" (ibid. 2011, 16). The Executive Director of ICARH indicated that support groups are "scattered across the country and are more located in urban areas than in rural areas" (ICARH 25 Oct. 2013).
5.1 Hotlines
Sources indicate the following hotlines are available for HIV/AIDS support in Nigeria:
- "6222" National Call Centre and several toll free lines for HIV/AIDS information (Nigeria n.d.);
- "08098-PATA-NG" provided by Positive Action for Treatment Access (PATA) (PATA n.d.b);
- Education as a Vaccine (EVA) 24-hour sexual health hotline for youth (The Guardian 5 Dec. 2012).
6. State Protection
Sources report that state authorities and non-government actors have undertaken media campaigns for public awareness to reduce stigma and discrimination (Nigeria n.d.; US 19 Apr. 2013, 58; Business Day 5 July 2013), including a radio drama, comic books and a mobile information service (ibid.).
6.1 Reporting to Authorities and Judiciary
The National Secretary of NEPWHAN indicated that
people living with HIV and AIDS report incidents of discrimination and violence against them, however, most of the report cases are coming from those that have identified themselves with a support group of people living with HIV/AIDS at the community level. The majority of Nigerians living with HIV still nurture the fear of the unknown and therefore hardly report incidents of discrimination and violence against them. The few that report have their incidents cases first filled at the community level through their support group to the Police Station, and most times through National Human Rights Commission. Most of those cases reported to the level of National Human Rights Commission do not see the light of the day because of fear of publicity and breach of the client's confidentiality. However, NEPWHAN have been able to restore some workers back to work in the aviation sector while there is still multiple cases of clients (Air Hostess and Pilots) whose licenses where withdrawn by the Nigerian Aviation College due to their HIV status and still could not get justice due to punitive policy of the Aviation College among many institutions. (NEPWHAN 29 Oct. 2013)
Human Rights Count, a 2010 NEPWHAN survey of 40 persons living with HIV in Nigeria, found that 72.5 percent of cases of human rights violations against respondents were not reported to authorities (ibid. June 2010a, 7, 22). According to the Daily Trust, the National Human Rights Commission reported that in 2012, it received and investigated 40 to 50 cases of employment-related discrimination, reported mostly through NACA and civil society networks (Daily Trust 3 Oct. 2012).
The Executive Director of ICARH stated that
[t]here is no legislation for discrimination against people living with HIV/AIDS in Nigeria. If this does happen to someone with HIV, they cannot go to the police because there is no law to enforce. Some will go to an NGO or support groups, such as NEPWHAN to report and that group has mechanisms to take it up. ... In terms of state level legislation against discrimination, it is difficult to assess if those governments are implementing the anti-discrimination laws, and what happens if the laws are not being implemented - the extent that laws are implemented/followed is not clear in those states. People living with HIV/AIDS are not always aware of the laws and their rights, and authorities are not always aware of the laws. It is hard to know if they are being applied. (25 Oct. 2013)
Similarly, the National Secretary of NEPWHAN stated that
[m]ost of the people living with HIV/AIDS whose rights were violated do not recognized their fundamental human rights so do not know where to report the cases and/or document such cases, while the few who are knowledgeable about their rights could not get justice due to high level of stigma and ignorance at the judiciary and legal system of Nigeria. The lack of national anti-discrimination law is a barrier to seeking legal redress of stigma and discrimination-related cases and violation. (29 Oct. 2013)
NACA states that "[a]lthough some states have passed the anti-discrimination bill into law ..., some state law enforcement agencies (judiciary and police) are still not aware of the existence of [such] law[s]" (Nigeria 2012a, 36). The Leadership, a national newspaper based in Abuja, reported in 2013 that Cross River State has established a family court that handles HIV/AIDS discrimination cases, among others (Leadership 22 May 2013). According to NEPWHAN, the State Government of Lagos has created a legal clinic to assist people living with HIV with seeking redress from rights violations and "a number" of cases have been won, though state officials report that uptake of legal services has been poor as people opt not to take legal action (NEPWHAN June 2010a, 24).
The 2011 NEPWHAN HIV Stigma Index indicates that of the 369 persons who experienced "rights violations," 70 percent attempted to obtain legal redress: 29.6 percent of whom stated that the matter was "dealt with" and 41.9 percent stated that "nothing happened" as a result of reporting (ibid. 2011, 36, 37). Respondents cited lack of financial resources and the perception of excessive bureaucracy as the main reasons legal redress was not sought (ibid., 38).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
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_____. 5 June 2013. Omololu Ogunmade. "NACA - Nigeria is the Second Largest Carrier of HIV/AIDS in the World." (Factiva)
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Additional Sources Consulted
Oral sources: Attempts to contact the following individuals and organizations were unsuccessful within the time constraints of this Response: Association of Women Living with HIV/AIDS in Nigeria; Clinical Associate Professor, University of Denver; International Treatment Preparedness Coalition - West Africa; Living Hope Organization; Nigeria – Ministry of Health, NACA, National Human Rights Commission, Nigerian Bar Association, Population Council, Research Alliance to Combat HIV/AIDS; UN – UNAIDS (Nigeria).
Internet sites, including: Aidsmap.com; Aidsportal.org; AIDS Alliance for Africa; Cross River State Government; Education as a Vaccine; Enugu State Government; Genderandaids.org; HIVcare.org; HIVresearch.org; HIVrestrictions.org; Institute of Human Virology Nigeria; Institute for War and Peace Reporting; International Center for Advocacy on Right to Health Nigeria; Lagos State Government; Medical and Dental Council of Nigeria; Medical Women's Association of Nigeria; Nasarawa State Government; Nigeria – Ministry of Health, NACA, National Human Rights Commission; Physicians for Human Rights; Stigmaindex.org; The Initiative for Equal Rights; UN – Global Commission on HIV and the Law, Integrated Regional Information Networks, UNAIDS, UNHCR, Refworld, Reliefweb; Womenandaids.net.