#REPEAL19A A successful campaign against the criminalisation of HIV in Victoria, Australia A LASTING LEGACY OF AIDS 2014 IN MELBOURNE background The criminalisation of HIV transmission, exposure and nondisclosure is a significant impediment to the HIV response in Australia, as it is in many countries. The state of Victoria is heavily overrepresented in the criminalisation of HIV, with about half of Australia’s HIV-related criminal prosecutions occurring in that state. Victoria also had, since 1993, Australia’s only HIV-specific indictable criminal offence – section 19A of the Crimes Act 1958. Section 19A was one of the most serious offences on the Victorian statute book, carrying a maximum penalty of up to 25 years’ imprisonment – equivalent to the maximum sentence for rape or armed robbery and higher than that for manslaughter. Only murder and treason carried higher penalties. Against this background, the two Victorian HIV sector organisations, Living Positive Victoria and Victorian AIDS Council, undertook an advocacy process to address the high level of criminalisation in our state and call for change to be timed with the AIDS 2014 conference in Melbourne. our aims were: • To increase community awareness of the issue of criminalisation and its impact on the local HIV response • To build a dialogue with lawmakers and policy experts about the ways that criminalisation drives stigma and infringes the human rights of people with HIV • To minimise the number of people facing charges, by supporting alternatives to criminal prosecutions such as public health management processes and calling for prosecutorial guidelines that would ensure the criminal law was only used when absolutely necessary • To use the global focus on Melbourne as host city of AIDS 2014 to achieve the repeal of section 19A what we did In the lead-up to AIDS 2014, we developed an advocacy strategy specifically targeting section 19A. Our aim was to use the continued existence of this HIV-specific law to highlight Victoria’s poor record on HIV criminalisation. We knew that key global agencies such as UNAIDS, the Global Commission on HIV and the Law, the Inter-Parliamentary Union and the HIV Justice Network had consistently condemned HIV-specific criminal laws, and that during the conference we would have strong support from around the world as we called for its repeal. our advocacy strategy included: • Meeting with key legislators and allies within the state parliament to build awareness of the issue and our plans • Developing a detailed policy discussion paper setting out the history of section 19A and the case for its repeal, drawing together legal, public health and human rights arguments in a single, accessible document • A public awareness campaign, branded with the hashtag #Repeal19A, to increase community understanding of the issue of criminalisation and the need for government action • Strong visibility of the #Repeal19A message at the conference, with T-shirts, posters, stickers and informational materials, including a guide to ‘HIV and the law’ for visitors to Melbourne • Bringing together a coalition of like-minded organisations across the HIV and public health sector, as well as legal and human rights organisations, in support of our efforts • Linking #Repeal19A to our agencies’ broader political demands leading up to the conference and the state election scheduled to follow three months after results Our strategy had a powerful impact. Announcements were made by both of the major Victorian political parties during the conference, promising to take action. Following a change of government at the state election campaign, the new Labor government restated its commitment to full repeal of the law. Section 19A was repealed, with support from all major political parties, in May 2015. “By disproportionately punishing the transmission of HIV, [section 19A] stigmatises people living with HIV. It reinforces the misunderstanding that HIV infection is a ‘death sentence’. This mischaracterisation has a particularly negative impact on the lesbian, gay, bisexual, transgender and intersex communities… All Victorians are entitled to the equal protection of the law and to live their lives free from discrimination.” Attorney-General Martin Pakula, Second Reading Speech, Legislative Assembly 15 April 2015 lessons learned The repeal of section 19A is a major legacy of hosting AIDS 2014 in Melbourne. Our campaign showed that a targeted and well-researched advocacy case can be developed in a complex area of public policy to build a compelling narrative for political change. We increased awareness of the issue of criminalisation among the gay community and obtained a clear commitment from government to ensure HIV is treated as a public health issue. contact: paul@kidd . id .au / @paulkidd Paul Kidd Living Positive Victoria/ HIV Legal Working Group Heath Paynter Co Health Victoria John Manwaring Victorian AIDS Council