Calls Made For ARVs For Foreign Inmates

LEKOPANYE MOOKETSI
Correspondent | Monday January 11, 2010 00:00

'You are basically condemning the inmates to death,' said Uyapo Ndadi, the  acting Director of the Botswana Network on Ethics, Law and HIV/AIDS.

The government does not provide free ARVs to foreigners in local health facilities. This also applies to prisons for foreign inmates. 

Speaking in an interview, Ndadi said the government decision amounts to indignity and torture. To him, this does not speak well about the country's human rights record. 

He said BONELA has expressed its concern over this matter.  Another issue that the organisation has been advocating for is the distribution of condoms in prisons.  However, the government is opposed to the move because homosexuality is illegal.

Ndadi said most countries in the region do not have discriminating policies. He added that the world is moving towards the universal access to ARVs.

He said the decision not to provide foreign inmates with ARVs is also putting Batswana prisoners at risk.

He said Batswana inmates are exposed to their foreign counterparts who are suffering from opportunistic illnesses like tuberculosis. 

'It is sad to see another person dying helplessly,' he said.

A Gaborone private attorney, Tshiamo Rantao said he does not support the government move not to provide foreign inmates with ARVs. 

He said the government should provide foreign inmates with ARVs if there are no compelling reasons for not doing so.  'I don't think there are any compelling grounds,' he said.

'What is the rationale behind this discrimination,' he asked.  'The question is whether this is fair discrimination.  I don't think it is fair.'

Rantao said such kind of discrimination would only be fair if the government was talking about the unavailability of resources.  But he said this was not the case.  He added that the discrimination could also be fair if it was based on public interests.

He does not see the reason why the government cannot provide foreign inmates with ARVs. 

Rantao however condones the government move not to provide foreigners who are outside prisons with ARVs.  He said there could be reasons like limited resources.  But he does not want this to be applied to prison inmates.

He said foreigners who are not in prisons, have so many options.

They can buy the ARVs for themselves or even enroll for the programme in their countries.

But he said foreign prisoners do not have such options.  'They can't raise funds for themselves when they are in prison,' he said.

He said it would be pointless if the government is arguing that it does not provide foreign inmates with ARVs because they are not entitled even when they are outside prison.

Rantao said foreign inmates can take the government to court to challenge the discrimination against them. 'I think they can approach the courts to challenge the unfair discrimination against them which is not based on public interests.'

'You can argue that your right to life is being violated as a prisoner.'

He said the foreign inmates can take a cure from the Basarwa case in which they challenged the government decision to deny them access to water in the Central Kalahari Game Reserve (CKGR).

But Rantao sees something amiss with the constitution.  He said the bill of rights does not embrace socio-economic and cultural rights. 'If the constitution provided for these rights, then they could include the right to health,' said the lawyer. 

Due to the shortcomings in the constitution, he feels that bringing action against the government will not be an easy task. 'You need an activist judge because the constitution does not provide for the right to health,' he said.

Late last year, the Minister of Defence, Justice and Security, Ndelu Seretse told parliament that currently the government policy is not to supply foreigners with free ARVs.  He said this has also been applied for foreign inmates.

Seretse said the state of local prisons does not pose problems that could lead to undue exposure to prison personnel as well as citizen prisoners.

He assured parliament that he was discussing the issue with the Minister of Health to chat the best way forward to improve the situation.

He said if practicable, free supply of ARVs will be one of the possible options.