BURMA: Authorities threaten persons with HIV/AIDS with eviction

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-175-2010
ISSUES: Right to health,

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned about the circumstances of a group of people in Burma living with HIV/AIDS who were ordered to move to a government hospital after a visit to their hospice by democracy leader Daw Aung San Suu Kyi. Although they obtained a temporary reprieve from being forced to locate, their condition remains precarious, as the authorities could at any time issue a new order to move.

 

CASE NARRATIVE:

We have already issued a statement (AHRC-STM-235-2010

) calling for a strong global response to an attempt to close a hospice in Dagon Myothit (South) Township of Rangoon where a group has been taking care of some 82 persons with HIV/AIDS. The hospice opened in 2005 but on 20 November 2010, after Aung San Suu Kyi visited the facility, a doctor from the health department and team notified the persons that the conditions at the hospice were not hygienic and that everyone should move to a special hospital.

On the evening of November 25 the authorities allowed the residents to submit a list of names for temporary residence. As the list is only for temporary registration at the address of the hospice, it means that at any time the authorities could again refuse to re-register the names and the group will be forced out of the hospice.

None of the patients wants to move to the hospital as most of them have been in government-run hospitals where they had to pay for everything, such as syringes, gloves etc. One of the patients said that they even had to pay for drinking water at that hospital. They all are happy to remain where they are not only because of the better food, accommodation and medicines, but also because of the kindness of the caregivers.

 

BACKGROUND INFORMATION:

In a media interview, one of the staff from an NGO said that according to their medical records, there are about 240,000 people living with HIV/AIDS in Myanmar but only 21,000 have an advanced form of the illness. The government only spends about 6 per cent of the tiny health budget on HIV/AIDS. Most of the support comes from international donors and local patrons and groups.

 

SUGGESTED ACTION:

Please write to the persons listed below to request that they take immediate action on this case to ensure that the hospice is not moved and that the residents are able to stay there permanently.

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on Myanmar and Special Rapporteur on the right to health, as well as the regional UN human rights office for Southeast Asia, calling for interventions into this case. Please also note that for the purposes of this letter, Burma is referred to by its official name, Myanmar, and Rangoon as Yangon.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

BURMA: Please guarantee the rights of 82 HIV/AIDS patients threatened by the authorities

 

Victims: 82 persons living with HIV/AIDS

Alleged perpetrators: Government authorities who attempt to evict the patients

Date of incident: since November 18 2010

Place of incident: Ward 18 of private hospice, South Dagon Township, Yangon

I am deeply concerned about the situation of 82 persons living with HIV/AIDS who are staying at a privately run hospice in ward 18, South Dagon Township, Yangon, whom the authorities have threatened with eviction and forced relocation to a government hospital after Daw Aung San Suu Kyi visited the facility on November 17.

According to the information that I have received, the hospice has been running since 2005 with the cooperation of local residents and a group that was established to work for persons living with HIV/AIDS in 2002. As most of the patients come from different parts of the country, under domestic law the hospice needs to submit an overnight guest list to the authorities to allow them to stay in Yangon.

One day after the visit of Aung San Suu Kyi, the patients were suddenly informed that they were unable to submit the overnight guest list to the authorities and that an order had been made to move the patients to the special hospital in Tharkayta. However, the patients do not want to move as they receive better treatment at the hospice, and as at the hospital they are forced to pay for many things.

On November 25, the authorities had an about-face and allowed the group to submit the list for overnight stay to cover a period of one week, whereupon it again has to be renewed. Although this was a great relief for the hospice residents and staff, the fear remains that at any time the hospice could be ordered to close and to relocate.

Under article 12 of the International Convention on Economic, Social and Cultural Rights and article 25 of the Universal Declaration of Human Rights, the state has a responsibility to ensure that persons suffering from illnesses can receive appropriate medical treatment. In this case, the Government of Myanmar has not been called upon to provide any special assistance but simply to refrain from interfering in the work of a small local group that is dedicated to assisting people in need who have found that the state’s response to their conditions has either been inadequate or exploitative.

I therefore urge the Government of Myanmar to provide guarantees that this hospice will be able to continue operating, and that the residents will not be threatened with removal from the premises, so that they continue to receive the best possible treatment, and have their own choices about where and under what circumstances to receive treatment fully respected.

I further urge the government to provide the hospice with support, and instead of pursuing an outmoded hospitalization model for treatment of persons living with HIV/AIDS to learn from the methods adopted at this facility and use them in government programmes as well.

 

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Lt-Gen. (Retd.) Thein Sein

Prime Minister

c/o Ministry of Defence

Naypyitaw

MYANMAR

Tel: +95 1 372 681

Fax: +95 1 652 624

2. Dr. Kyaw Myint

Minister of Health

Ministry of Health

Office No. 4

Naypyitaw

MYANMAR

Tel: +95 67 411 381/ 411 163 / 411 353

Fax: +95 67 411 004/ 411 016

Email: dmkm@health.gov.mm

3. Pro. Kyaw Myint Naing

President

Myanmar Medical Association

249 Theinbyu Road

Mingalar-Taung-Nyunt

Yangon

MYANMAR

Tel: +95 1 278 863/ 380899/ 388 097/ 394 141

Fax: +95 1 378 863

 

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-175-2010
Countries : Burma (Myanmar),
Issues : Right to health,