The Battle Against HIV & AIDS in Kenya.

It is estimated that more than 33 million people in the world today are currently living with the human immunodeficiency virus (HIV). It is also estimated that more than 30 million people have died from HIV-related complications since the earliest cases were detected in the early 1980s. While it is trite truth that huge progress has been made to increase access to HIV treatment in the past twenty and more years, and that new HIV infections have significantly declined in some regions, the pandemic nevertheless continues to wreck havoc in many more areas and efforts to control it seem distant. The number of newly infected people each year in most scenarios far outnumbers those who gain access to treatment by an estimated two to one ratio.

It is reported that Kenya has the fourth largest HIV epidemic in the world. In 2012, out of a population of about 40 million, an estimated 1.6 million individuals were living with HIV and there were approximately 98,000 new infections. The HIV & AIDS epidemic in Kenya has since been often referred to as being generalized. In essence this means that it affects all sections of the society including children, youth, adults, women and men alike. According to a Kenya AIDS Response Progress Report, a concentrated certain group of Kenyans are more susceptible to contracting the virus due to their vulnerability to HIV transmission.

These groups can be categorized as follows;

a)    Men who have sex with men (MSM)

b)   Persons who inject drugs  (PWIDs)

c)    Sex Workers

d)   Women and young girls 

HIV prevalence among MSM in Kenya is almost three times more than the general population. Condom use among this group is reportedly fairly low. It is important to note that sexual relations between men remain illegal in Kenya and can carry a prison sentence of about 21 years if found guilty. Homosexuality is thus largely considered taboo and repugnant to the cultural values and moral code of the Kenyan Nation. This stance leads to high levels of stigma and discrimination towards MSM as well as towards other members of the lesbian, gay, bi-sexual and transgender community in Kenya. This often acts as a huge barrier and deterrent for these individuals to seek HIV treatment and testing.

I will not belabor with the jurisprudential arguments on the law and morality and how these two are either distinct or analogous hypotheses. However what I would like to direct your attention to the Kenyan Constitution in specific to Article 43(1) which guarantees every individual the highest attainable standard of health…which is important to the realization of the right to life. Articles 26,27 and 28 in my mind also suggest that everyone has a right to life and that everyone shall be subjected to equality and freedom from discrimination in every sphere including access to medical care and treatment irrespective of sexual orientation or preference.

Granted, the Kenyan Government has made significant contributions to addressing the HIV & AIDS pandemic but a correlation and consistency remains to be seen in theory and in practice. One of the greatest strides taken was in 2006 with the enactment of the HIV and AIDS Prevention and Control ACT 2006 which establishes the first ever tribunal (only one in the world) to handle legal issues relating to HIV, including discrimination against people living with HIV and protecting the confidentiality of medical records. Since its establishment in January 2012, the tribunal has received 400 complaints, admitted 14 cases and delivered two judgments.

Although the HIV prevalence among the general Kenyan population has fallen with rigorous campaigns around testing at VCT centers, sensitization and education campaigns as well as free ARVs medications provided at Government clinics, women and young girls unfortunately continue to be disproportionately affected by the epidemic. In 2012, Government statistics report that 6.9 % of women in Kenya were living with HIV compared with 4.2 % of men. Young women aged 15- 24 in Sub-Saharan Africa are almost three times more likely to be living with HIV than men of the same age. This can be attributed to discrimination that women and girls face in terms of access to education, employment, healthcare to name but a few. As a result, men will often always dominate sexual relations with women not being able to practice safe sex even when they know and understand the risks.

In the wake of the recently publicized partnership between the Bill & Melinda Gates Foundation, the Nike Foundation and the U.S President’s Emergency Plan for AIDS Relief (PEPFAR) on a $ 210 Million initiative to reduce new infections in adolescent girls and young women, governments in Sub-Saharan countries should also accelerate efforts in prevention initiatives targeted at the most vulnerable groups as identified. More people should be encouraged to know their status and thus be able to access treatment, care and support regardless of other collateral factors. The Kenyan Government should also work on overcoming social, cultural and legal barriers that hinder access, treatment and testing of all its citizenry. Leaders should also start thinking of sustainable ways to scale up and fund existing prevention and treatment efforts to curb HIV & AIDS.

Of Gays, lesbians and bisexual Youths in Africa.

 I have always had a liberal approach to this rather sensitive topic. My justification being that if I am not in that relationship what does my view really matter? Why the double standards yet almost all of us will not utter a word when your straight friend cheats on his or her partner, or acts in a manner that does not sit well with us? Why do we feel inclined to share our opinions and views when the parties involved happen to be of the same sex and yet the reverse may not always be true?

Some have concluded that because it is not religiously “ok”, they have the inherent right to condemn this practice and deal with the victims the best way they know how. This will often take form of casting out demons, reciting long prayers and giving lengthy sermons to the “sinner”. In some African communities, they will not be allowed to associate with other members of society until and unless they have satisfied that they are “clean” and free from “sin”.

Others are of the view that this is unnatural and artificial: a trait that is learnt (often from the western culture) and hence can be unlearnt as well. It is interesting to note however that what makes some people gay is really not yet know but mental health and other experts agree that sexual preference is not a conscious choice that a person can change. As researchers learn more, we are discovering that biology, including genetic or inborn hormonal factors, may influence a person's sexuality. Most experts today believe that a complex interaction of environmental, cognitive, and biological factors shape a person's sexual orientation. There may be different reasons for different people. But unlike a century ago, we no longer blame poor parenting or regard a person's sexuality as a "character flaw."

Depending on where you’re from, they may be a rational however politically “right” or “wrong” on what people feel about gay, lesbians, bisexuals and transgender people. There is also a lot of misconception on this class of people and Andrew Roffman, L.C.S.W.; Virginia Hooper and Staff of the NYU Child Study Center shed some light on the same in the list below as they attempt to separate myth from fact.

Myth: Homosexuality is a mental disorder.
Fact: Mental health professionals agree that homosexuality is not a mental disorder or an emotional problem; Gay, lesbian, and bisexual (GLB) youth do, however, face greater risks as a result of social stigma, isolation, and poor self-stem.

Myth: Kids are young and can still choose to be either gay or straight.
Fact: According to mental health professionals, sexual orientation is not a choice; regardless of age, a person does not choose to be gay or straight.

Myth: Poor parenting causes homosexuality, particularly a domineering mother or a passive father.
Fact: Parenting does not affect a child's sexual orientation, and it's no one's "fault;" parents can, however, positively or negatively influence a GLB child's self-esteem.

Myth: A therapist or religious counselor can make a GLB youth straight.
Fact: Researchers believe that therapy cannot change a person's sexual orientation; it can, however, promote coping skills and help kids resolve questions surrounding their sexual orientation.

Myth: If a kid has a "crush" on someone of the same sex, it's a sure sign he is gay.
Fact: Many kids, gay or not, experience same-sex attractions, and sexual experimentation is a normal part of adolescence. Only time and patience can reveal a person's true sexual orientation.

Myth: If a kid is exposed to other GLB people and/or information, she has a greater risk of "being recruited."
Fact: Positive role models and accurate information can lighten the burden of shame and isolation for a questioning youth, making the adjustment process easier. No one can influence another person to become GLB.

Myth: GLB parents pose a risk of influencing their children to become homosexual.
Fact: No research indicates a parent's sexual orientation determines that of his or her child. GLB youth are as likely to have heterosexual parents as not.

In a continent where often one’s success is equated to the size of your family and number of wives (polygamy), the gay community is heavily shunned upon. It is not surprising that almost all African countries have not legalized the practice with the exception of South Africa. In Mombasa, Kenya police stopped a gay wedding on 12 February 2010 and arrested several suspected homosexuals, an almost similar script was repeated in Malawi early this year. Most African leaders have very uncouth methods of dealing with the marginalized community. It is very ironic yet these are the same leaders vehemently declaring equality of rights (in regard to other marginalized communities) and will throw in International Statutes to demonstrate their seriousness.

Gay, lesbians, bisexuals and transgender is not a topic you will find openly discussed in many parts of Africa. This would be a discussion best left under the rug and many will be comfortable burying their heads in the sand. The problem with this approach is that the “problem” will not vanish but will create a further ripple effect if left un-addressed.

In September 2010, 18-year-old Rutgers University freshman Tyler Clementi jumped from the George Washington Bridge days after he had been secretly filmed during an intimate encounter with another man that was broadcast over the Internet. Within the same three weeks, Seth Walsh, 13, of Tehachapi California; Billy Lucas, 15, of Greensburg, Indiana; and Asher Brown, 13, of Houston, Texas, all turned to suicide to escape the taunting, bullying and other abuse they faced because of their sexual orientation.

According to a recent survey conducted by the Gay, Lesbian, and Straight Education Network, nearly 9 out of 10 gay, lesbian, transgender or bisexual middle and high school students suffered physical or verbal harassment in 2009, ranging from taunts to outright beatings.

I wonder what the African statistics would look like if we don’t act now!

You may not particularly be fond of GLBT persons but the fact still remains, they also have rights and freedoms-whether or not your government has already told you this-we cannot go about victimizing them for a choice that may never affect you! Just because you are uncomfortable with what they do is not good reason enough for you to violate, mistreat, assault and harm them in any way whatsoever.