‘Law to prevent AIDS is often neglected’

MANILA, Philippines – Not everyone is aware of the “Philippine Aids Prevention and Control Act of 1998,” which was enacted specifically to protect the right of persons living with Acquired Immune Deficiency Syndrome (AIDS) or with Human Immunodeficiency Virus (HIV) and to prevent the further spread of the disease.

The law states that newly-employed government and private workers, even the police and the military, are supposed to be given information kits on HIV-AIDS by their employers.

OFWs must attend seminars on HIV-AIDS prevention before they are approved for deployment abroad.

And no one can be forced to undergo an HIV test, not even for employment, enrolment in school, or travel.

But these provisions, however promising, are more often than not neglected.

“Aidan,” a PL-HIV or a Person Living with HIV, said even big companies require HIV testing prior to employment. And some banks and call centers even include the HIV test in their annual checkups.

“Mali ito. Ang basehan ng employment dapat iyong performance mo, o qualification. Hindi ang status ng sakit mo,” said “Aidan.”

Anti-AIDS advocate Jonas Bagas of the Library Foundation Share Collective said that on paper, the AIDS law is workable. The problems lie on external factors, he said.

One such problem Bagas cited is the budget of the Department of Health for its anti-HIV-AIDS campaign, which has been depleted from P74.6 million in 2007 and P81 million in 2009 to P65 million pesos in 2010 and 2011.

“Mula 2007 hanggang 2010, ang bilis na ng pagdami ng HIV cases natin,” illustrated Cagas. “Hindi ko maintindihan kung bakit kung kailan pa dumadami ang may HIV-AIDS, saka naman binabaan ang budget ng pamahalaan para dito.”

Bagas also cited the lack of harmony of the AIDS Law with current practices as another problem.

He said law enforcers sometimes raid and apprehend establishments frequented by men who have sex with other men (MSMS), and wrongfully accuse them of harboring prostitution based solely on the presence of condoms.

“We educate our community to use condoms. Pero paano na ito kung nagiging basehan ito ng pag-aresto sa kanila?” Bagasi said.

“Aidan” said another weakness to the AIDS Law is the “soft” penalty imposed on those who violate it. Those charges with discrimination against PL-HIV or PL-AIDS could face 6 months to 4 years in jail. The steepest penalty for discrimination is a fine of P10,000.

“Afford naman nila eh,” said “Aidan.”Lalo na kung kumpanya o doktor iyong gumawa ng discrimination? Eh magkano kinikita ng mga yon?”

The DOH, meanwhile, explained that part of the reason why the budget for the AIDS-HIV program gets cut is because there is still international aid existing to support their campaigns. Nonetheless, the DOH said their efforts on prevention are not stopping. –Chiara Zambrano, ABS-CBN News