In Zimbabwe, HIV is more than a health issue; it intersects with law, stigma, and human rights. For years, the Health Law and Policy Consortium (HLPC) has been at the forefront of advocacy efforts to ensure that laws respond to HIV with compassion, evidence, and justice. Through strategic litigation, policy engagement, and community mobilisation, HLPC’s work aims to dismantle legal barriers that harm people living with HIV and key populations.
When Zimbabwean Parliament hinted at the possibility of reintroducing laws that would recriminalise HIV transmission, HLPC knew the implications were grave and that silence was not an option. HLPC joined other local and regional advocacy groups, in particular Sonke Gender Justice, and stood against a proposed law that threatened to roll back years of progress in health and human rights in Zimbabwe. Dorcas Chitiyo, HLPC’s Projects Coordinator, expressed the gravity of the situation: “We have seen how the law can either support people or push them into hiding. Criminalising HIV does not protect anyone, it only fuels fear, stigma, and discrimination. It is women who bear the brunt of this.”These laws would not only endanger public health but also push vulnerable individuals into the shadows, which only exacerbates the issues of stigma and discrimination.
The contested legislation tabled in March 2024 this year, as part of the Criminal Laws Amendment (Protection of Children and Young Persons) Bill, included provisions that sought to punish the “deliberate” transmission of HIV. The clauses revived memories of Section 79 of the Criminal Code, which was repealed in 2022 after being widely condemned for fueling stigma and resulting in unjust prosecutions. The Bill proposed to reinstate criminal charges for the intentional transmission of HIV/AIDS, even though the Marriages Act had previously decriminalised such actions.
During parliamentary discussions, some lawmakers expressed their apprehensions regarding the reinstatement of the provision that the Marriages Act had removed. “We were shocked. After fighting so hard to get those harmful laws repealed, here we are again having to defend the rights of people living with HIV from a legal attack,” Dorcas recounts. “The amendment was not just a step backwards. It was a loud message that the rights of vulnerable people can still be sacrificed under the guise of protection,” she added.
In light of these developments, HLPC convened with regional allies, including Sonke Gender Justice, Southern Africa Litigation Centre, HIV Justice Network, and UNAIDS. The collective goal was to put a stop to the renewed push for criminalisation and help lawmakers understand how their decisions could impact people’s lives. Turning back to harsh measures would harm concerned individuals and create bigger problems in the communities, making it harder for people to rebuild their lives and find support.
HLPC and its fellow civil society organisations, led by Sonke Gender Justice, conducted a series of intense meetings and strategy sessions. The coalition outlined the implications of the proposed law, especially for women, who are often blamed for HIV transmission within families and communities, and for key populations who already face systemic discrimination. “Criminalisation does not reduce transmission, it reduces access to healthcare,” Dorcas explained. “It creates fear. It discourages people from getting tested. And for women, it opens the door to violence, blame, and even arrest.”
HLPC and its partners launched a targeted advocacy campaign. “We met with stakeholders, engaged media, and held difficult but crucial conversations with policymakers, recounts Dorcas Chitiyo. Personal stories and legal evidence were brought to the fore. Further, calls were made to the Minister of Justice and the Chair of the Parliamentary Committee on Health. A joint press statement drew media attention across Zimbabwe and the region. “We made it clear, this is not just about law, it is about people,” says Dorcas. “We brought forward the lived realities of women, the injustice of prosecution without evidence, and the global trend toward decriminalisation. Zimbabwe was on the verge of moving against that tide.”
Weeks of sustained pressure paid off when the harmful provisions in the amendment bill were withdrawn, a victory for public health and human rights in Zimbabwe. “It was a relief. But more than that, it was a testament to the power of collective action,” Dorcas reflects. “We were able to stop a law that would have hurt thousands not because we were the loudest, but because we were united and strategic.”
Sonke Gender Justice, one of HLPC’s key partners in the campaign, commended the coordinated effort.“This shows what we can achieve when we act together,” a Sonke representative said. “We are proud to stand with HLPC and others who continue to fight for health, dignity, and rights.”
For HLPC, the victory is a reminder of the urgent need to stay vigilant.“The law is a living thing, it can be used to uplift or to oppress,” said Dorcas. “We won this round, but the fight continues. Our goal is to ensure that every law in Zimbabwe protects, not punishes, people living with HIV. That includes access to justice, health, and freedom from discrimination.”
In the ever-evolving landscape of HIV and law in Zimbabwe, HLPC stands as a tireless advocate not just in the courtroom or Parliament, but in the communities whose voices are too often ignored. “At the heart of it all, nobody should be criminalised for a health condition. Not today. Not ever, ”said Dorcas.
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