Committee on the Protection of the Rights of People Living with HIV

MANDATE

The Committee on the Protection of the Rights of People Living with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV is one of the special mechanisms overseen by the African Commission on Human and Peoples’ Rights. The Committee was created in 2010 during the Commission’s 47th Ordinary Session. See, e.g., ACommHPR, Resolution 163, Resolution on the Establishment of a Committee on the Protection of the Rights of People Living With HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV, 26 May 2010. Its purpose is to investigate the treatment of individuals with HIV and those at risk, and to facilitate the implementation of measures throughout the African Union (AU) Member States that will effectively protect their rights.

COMPOSITION AND WORKING METHODS

The Commission appoints the Committee’s Chairperson, Members, and Expert Members either by a consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights, 2010, Rule 23(2). The mandate of the Committee was originally authorized for two years, but it has been renewed by the Commission several times. As of October 2014, each individual appointed as Chairperson or Member has been a Commissioner, simultaneously serving on the African Commission.

To be appointed as an Expert Member, candidates must be nationals of the AU Member States with expertise in protecting and promoting the rights of individuals living with HIV and those at risk, vulnerable to, and affected by HIV.

The Committee undertakes a number of duties, including writing letters regarding alleged violations, studying relevant human rights conditions or situations, and conducting visits to Member States.

Writing Letters Regarding Alleged Violations

The Committee considers credible allegations of violations of the rights of people living with HIV. Upon learning of alleged violations, the Committee may write letters to the relevant State and to other non-state actors involved, including corporations. These letters request information regarding what steps have been taken to remedy the alleged violations.

Studying Human Rights Conditions

The Committee’s mandate requires it to recommend concrete strategies to protect the rights of persons living with HIV and those at risk. To develop effective strategies, the Committee may first conduct studies to better understand the human rights conditions and situations surrounding these persons. When the Committee undertakes a study, it is responsible for presenting a report to the Commission for its adoption.

Country Visits

The Committee undertakes country visits to Member States, with their consent. During these visits, which are also known as missions, the Committee engages with government officials and civil society organizations, among others, to learn about the State’s laws and policies that protect the rights of persons living with HIV through prevention, care and support interventions, and treatment programs.

According to Rule 60 of the Commission’s Rules of Procedure, after the completion of a mission, the Committee has a duty to publish a Mission Report. Mission reports contain general recommendations to the State, and often include specific recommendations to the international community and civil society, among others.

RECEIVING INFORMATION

The Committee is responsible for seeking and receiving information from individuals, governmental and non-governmental organizations and institutions, and other stakeholders concerning cases or situations that involve persons living with HIV and those at risk, vulnerable to, and affected by HIV.

Along with information gathered from such actors and during missions, the Committee disseminates and obtains information through promotional activities, such as panels, trainings for non-governmental organizations engaged in HIV-related issues, and roundtable meetings. The Committee often coordinates these activities with other relevant Special Rapporteurs and Working Groups under the Commission or the United Nations.

On the basis of information received, the Committee may propose that the Commission take a certain action or decision, or it may raise awareness of an issue in a report, press release, or other activity.

ACTIVITY REPORTS

The Committee submits Intersession Activity Reports to the Commission each year, which outline the activities the Committee has undertaken. The Commission also prepares an annual Activity Report that it submits to the African Union Assembly, which includes information gathered from the Committee, summarizing positive developments and areas of concern regarding human rights in Africa.

CONTACT INFORMATION

The Committee may be contacted by:

• Mail: Committee on the Protection of the Rights of People Living with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV, 31 Bijilo Annex Layout, Kombo North District, Western Region P.O. Box 673 Banjul, The Gambia
• Email: The Committee’s website contains an automated system to send the Chairperson emails, by selecting the “Contact Commissioner” link.

The Committee does not accept individual complaints or requests for provisional measures. Such communications must be addressed to the African Commission on Human and Peoples’ Rights. For additional information, see the Commission’s Guidelines for the Submission of Communications or IJRC’s resources on the African human rights system.