Report on extended session of Parliament Commission on Social Policy

26 November 2008.

Session of Parliament Commission on Social Policy related to drafting of new HIV/AIDS Law and monitoring of the law has been hold in Milli Meclis on 26 November, 2008. Session has been attended by parliamentarians, members of Committee for Social Policy, UNODC, relevant ministries, specialists from AIDS and Narcology service, non-governmental organizations and international organizations. One of the key point for discussion was necessity to draft new law on HIV/AIDS, which could be adjusted for today’s problems and solve current serious problems in health as well as create a favorable social environment for improving of access to HIV/AIDS Prevention and care services, including vulnerable population (IDUs and prisoners)
As a result of this session Working Group has been defined and established, deadline for drafting of new law was specified. It has been agreed that new draft will mostly based on recently developed on country-specific recommendations for amending legislation to ensure it human-rights based and provide for Universal access of IDUs and prison inmates to HIV prevention, treatment and care conducted by national consultants with UNODC support.

This session has been widely broadcasted by mass media and therefore was an opportunity to present and to hear opinion of a wide national audience on the proposed legal framework and prospects of law-making in the area of HIV/AIDS Prevention. New draft will be submitted for 15 January, 2009.

Mr.Hadi Rajabli, Chairman of the Social Policy Standing Commission noted that the mentioned law was adopted in Azerbaijan in 1996 for the first time within CIS countries, AIDS prevalence has been observed in our country over the last 13 years: “Scale of this disease has increased especially in prisons, night bars and even in rural areas. Rapid spreading of this disease among inmates happens mainly due to use of injecting narcotic drugs by them. It also causes additional problems in their integration with the society after their release. According to Azerbaijani legislation drug users are unambiguously held liable, but in some foreign countries additional opportunities are made for such kind of people, which in its turn reduces criminal offences”. It is obvious necessity to revise legislation with consideration all international experience and recommendations, provided by national experts. Representatives from ministry of Justice mentioned that resolution for OST and NEP in prisons currently is contradicted with Criminal Code and therefore new position on this should be strictly argued and revised.
Representatives from narcology services noted that these parallel facilities on rehabilitation for drug users should be developed and at least 3-5 regional rehabilitation centers should be created for succession of treatment and prevention services for AIDS patients, IDUs and prisoners.
AIDS Center Representatives noted that this law is highly expected and will be very supportive tool for management of spreading HIV infection and AIDS as diseases.

UNODC representatives mentioned that AIDS as a cause of death of people about 50 million all over the world, stated that in average about 70% of HIV transmissions in Azerbaijan was attributed to injecting drug users: “The number of infected people will increase unless serious steps are made towards prevention of spreading of this disease”. Human rights, particular for prisoners and IDUs should be ensured. At present time outdated and improperly adapted national legislation hamper directly of universal access to HIV prevention and care for vulnerable groups, particularly for IDUs and prisoners and create obstacles for effective integration of internationally acknowledged principles on HIV prevention and management in state health care, social protection, law enforcement and penitentiary systems.
Insufficient knowledge of specialists providing health and other service to vulnerable group as well as discrimination and stigmatization against IDUs and prisoners are serious consequences of this problem in the country. UNODC representative witnessed once more that all required documents and technical support will be provided. CD and printed material is shared among members of Working group
At the end of this meeting Working Group was created under the chairmanship of Mr.Musa Guliyev, Deputy Chairman of the Social Policy Standing Commission of the National Parliament for monitoring of the existing legislation and making of a new draft law on this matter. At the same time it was decided to instruct the Working Group to submit the new draft law to the Commission by 15 January 2009.