Condom distribution in prisons advances health rights

A human rights organisation that advocates as the voice for lesbian women, gay men, bisexuals and transgender, and intersex people in Namibia, Out-Right Namibia (ORN) has applauded Health Minister Bernard Haufiku’s call for the distribution of condoms in prisons. Haufiku said last week, during a handing over ceremony of medical equipment for performing of voluntary male circumcision, that it was high time changes were made to laws to allow the distribution of condoms in correctional facilities The organisation’s director, Linda Baumann, said a nation that ensures that all people are treated equally and are free from discrimination, leads to a better and more sustainable healthy nation. “The right to health should not carry any form of restriction irrespective of the political landscape. Dr Haufiku’s comments clearly indicate the importance for such a progressive dialogue to advance the wellbeing of all persons as outlined in a number of national structural documents,” said Baumann. According to the 2013 Baseline Study Report issued by the Office of the Ombudsman in Namibia, government’s refusal to distribute condoms to prisoners is an impediment to controlling HIV transmission in prisons. The government’s main refusal to distribute condoms in prisons appears to be directly related to the anti-sodomy provisions contained in Section 256 of the Criminal Procedure Act and the common law prohibiting of sodomy. “Notwithstanding official denials or insistence that man-to-man sex does not take place in prisons, there is incontrovertible evidence that this practice is widespread in prisons, and will therefore inevitably spread HIV,” the report indicated. ORN called upon the Deputy Commissioner of Correctional Services, Victor Eichab, to familiarise himself with the reality of HIV prevalence in the country and ensure that the principles of human rights for all are upheld by understanding the status of homosexuality in the country. Eichab was quoted in a state daily this week saying that the constitution does not allow same-sex individuals to engage in sex, hence condoms cannot be distributed in correctional facilities. According to Eichab, same sex is still regarded as a crime in Namibia and if condoms are distributed it will be seen as if prisons officials we are encouraging homosexuality. Baumann said Eichab’s comments are inaccurate in this case as it is not the status of homosexuality that is illegal in Namibia, only the practice of sodomy. “It is also imperative to note that homosexuality as a sexual orientation is not necessarily equivalent to certain sexual practices as these are two different forms of engagements,” said Baumann. Baumann further noted that in order to ensure that the reality of sexual practices in prisons are addressed, the approach on ‘abstinence’ only without preventative messaging about HIV creates an unsafe situation for prisoners. “The existence of condoms in prisons does not promote homosexuality, but the lack of condoms does mean higher risks of HIV transmission and dismisses the experiences of prisoners who may not have voluntarily consented to sexual activities.” “It is evident that the health of the prisoners is not key, as your institution is selective in what choices prisoners have in terms of the forms of wellbeing,” added Baumann. ORN urged the department of Correctional Services to engage with the Ministry of Health and Social Services and all the relevant key stakeholders to help ensure that the country maintains the call to reach the 90-90-90 treatments target. MERJA IILEKA