WITHDRAWAL OF THE STATISTICS (AIDS IMPACT SURVEY) REGULATIONS

DITSHWANELO - The Botswana Centre for Human Rights congratulates the Government of Botswana for its directive to withdraw Statutory Instrument No. 10 of 2004. On Friday 5 March 2004, the Government announced the withdrawal of the Statutory Instrument which was published on 10 February 2004, in the Government Gazette. This Statutory Instrument outlined the guidelines for conducting the Botswana HIV/AIDS Impact Survey (BAIS II) to obtain information on HIV/AIDS prevalence in Botswana.

DITSHWANELO shares both the concerns that the imposition of a fine for non-compliance would lead to involuntary participation in this survey and that the information which was sought was overly intrusive.

On 2 March 2004, DITSHWANELO wrote to the National Coordinator of the National AIDS Coordinating Agency (NACA) expressing our concerns about the survey. DITSHWANELO believes that if this survey had proceeded in accordance with Statutory Instrument No. 10 of 2004 as published on 10 February 2004, it would have been self-defeating. We believe that involuntary participation would increase the risk of inaccurate information deliberately being given by those participating in the survey. This, because there would have been a fine for those who refuse to answer questions. This is contrary to the general consensus that people need to participate freely in efforts which seek to curb and control HIV/AIDS.

DITSHWANELO remains concerned that HIV/AIDS prevention and care efforts must take place with due regard for cultural sensitivity and respect for the privacy of participants. The Centre will continue to actively participate and contribute towards the achievement of the goals and aspirations of Vision 2016 which challenge us to promote, protect and engender respect for the human rights of all persons in Botswana.

10 March 2004
Gaborone