Dear friends
The Asian Human Rights Commission is forwarding information from the Ecumenical Advocacy Alliance (EAA) on harassment and detention by the Indian government of a group of people living with HIV/AIDS. If you have any questions, please contact the EAA.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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URGENT REQUEST
November 3, 2003
Please join in action on behalf of people living with HIV/AIDS, by writing immediately to the representative of the Indian government or speaking directly to officials at the Indian Embassy in your country. You can make an immediate difference by taking a few minutes to engage in speaking out on this issue.
On Sunday, 2 November, the Ecumenical Advocacy Alliance received an appeal from Alice Welbourn, Chair of the Board of Directors of the International Community of Women living with HIV/AIDS (ICW) calling on us to “to add your voices to ours, in protest at the reported harassment” of a group of positive people returning to India on the grounds of their being without yellow fever certificates after they have attended the GNP+ (Global Network of People Living with HIV/AIDS) Assembly in Uganda.
She adds, “I have myself just been at the same conference and also carried a letter from my own consultant here in the UK, explaining to the Ugandan authorities that I have been advised not to have a yellow fever vaccination because of my medical condition (i.e. my HIV status). Celina D’Costa was at the conference with her husband. She has been ICW’s regional contact in Asia for some time and was working at the conference as a volunteer reporter for HD Net, in order to relay the conference proceedings to other HIV positive people and our supporters around the world.
Celina was looking so well and happy at the conference and I am deeply shocked that this is what has met her and her colleagues on their return.
I would be most grateful if you would kindly add your voices of concern to ours over this reported harassment on the grounds described below, to your Indian embassies or to others as you see fit.”
Background
The following preliminary report comes from AIDS-INDIA:
Sahar Airport: Returing PLWHAs detained; denied food, medicine, care
Date: 01/11/2003 02:11:40 GMT Standard Time
From: adit@bamon.org
Reply-to: AIDS-INDIA-owner@yahoogroups.com
To: aids-india@yahoogroups.com
I have just been able to get through to the detained PLWHAs on the mobile phone of one of them. This is a narrative of what has happened as I have learned from them over phone.
15 Indian participants from the PLWA Conference held at Kampala, Uganda [held from 26th-31st October 2003] had reached Sahar International Airport (Mumbai) by flight KQ200 at 0200 Hrs on the morning of 1st November. Six of these participants are now under detention. The detained participants are from the states of Manipur, Maharashtra, Kerala, and West Bengal. All arriving passengers lined up for immigration clearance in lines 1-6. The six detained participants which includes one woman participant [Ms. Serena De Costa] and the vice president of Udaan Trust [Mr. Vijay Nair] stood in lanes one and two for immigration clearance.
These six persons were first chased from this line, to another line and thereafter the immigration department demanded that they produce certificates proving that all of them have been inoculated for yellow fever.
At this point all the six detained participants revealed that they were HIV positive people and were coming back from a PLHA conference in Kampala. They also produced medical reports from their respective state medical officers that stated that due to suppressed immunity they cannot be given the vaccination for yellow fever.
However the medical officer of the immigration department [one Dr. Prakash Gaekwad] refused to recognize the certificates given by the state medical officer. He demanded from one of the detained persons a bribe of US$ 150 to let them go, which they refused to pay. At this refusal the said Dr. Gaekwad insisted that they have to be detained in the yellow fever quarantine hospital and claimed that they would have to pay Rs 120 per person as conveyance to the hospital which is just one and half kilometers from the airport.
The discrimination in targeting these six persons is apparent from the fact that no other person in any of the other lines were detained for no-show of a yellow fever vaccination certificate, and a few were let off after paying a bribe to the doctor/immigration authorities.
The six persons refused to pay the Rs 120 being demanded of them and thereafter they were forced to take a rickshaw to the hospital at 3 am in the morning in the presence of immigration staff and locked up in the deserted hospital. The authorities left after locking them up.
The six detained persons mentioned that they were positive persons and have to take food at regular hours. One of then also fainted when the immigration authorities were present, while another was nauseous, but the authorities refused to give the six detained persons, water, tea, or any food, and mentioned categorically that the government does not make provisions for such food and that the detained persons would have to pay up if they are to get food. They have refused to treat the sick detainees, and have stated that their job is just to lock them up, not treat them. They said that a doctor may come at about 12 noon the next day and then they can ask that doctor if any medication is required to be given to the sick detainee.
The condition of the hospital is appalling and it is in the midst of a area with thick foliage where there are many mosquitoes. the detained persons have not been given any mosquito repellant and they are afraid of contracting diseases like malaria or dengue from mosquito bites. Also there are just two rooms and the lady being detained is forced to share a room with two other male detainees.
That is the narrative as given to me. I feel that such treatment of PLWAs is appalling where our national policies clearly state that all PLWAs have to be treated for all opportunistic infections and other conditions [except ARV]. Also the selected targeting of PLWAs and letting others go by accepting a bribe is clearly discriminatory and should be condemned in the strongest possible terms. I would urge everyone, including functionaries of Naco to take on this matter and ensure that the liberty and bodily integrity of all the detained persons are respected and they are released forthwith.
Regards and best
Aditya; e-mail: adit@bamon.org”
SUGGESTED ACTION:
1. Forward this Alert to friends, colleagues and partners inviting them to join this action.
2. Write to representatives of the Indian government to join in this protest. And send the same message to the Ambassador of India in your country.
3. Meet with representatives of the Indian government in your country about this case.
4. Issue a press release or make a statement to the media about this case.
1. Shri. A.P.J. Abdul Kalam
President of India
Rashtrapathi Bhavan
New Delhi -110001
INDIA
Tel: + 91 11 23015321
Fax: + 91 11 23017290 / 23017824
E-mail: presidentofindia@rb.nic.in
2. Shri Yashwant Sinha
Minister of External Affairs
152 South Block
New Delhi 110 001
INDIA
Tel/Fax: + 91 11 23 79 28 16
Fax: + 91 11 23 01 14 63
3. Shri Justice A. S. Anand
Chairperson of the National Human Rights Commission
Sardar Patel Bhawan
Sansad Marg
New Delhi – 110 001
INDIA
Tel: + 91 11 2334 0891 / 2334 7065
Fax: + 91 11 2334 0016
E-mail: chairnhrc@nic.in
Sample letter:
The following can be used as a sample message for your written message to Indian government officials, meetings with Indian officials, or press releases.
I am writing urgently on behalf of (insert name of church of your organization) to ask for the immediate release of six individuals who were detained in violation of international human rights standards at the Mumbai airport on the morning of 1 November.
These six individuals are leaders in the global efforts to combat HIV/AIDS, and are themselves people living with HIV/AIDS and were returning from a global conference in Uganda. Among the six are Ms. Celina D¡¦Costa and Mr. Vijay Nair, as well as four others.
The reason given for their detention by the medical officer of the Immigration Department was their lack of a yellow fever vaccination certificate. The individuals explained, and produced appropriate medical documentation, explaining that because of their health status and suppressed immunity, they can not receive the yellow fever vaccination.
Nevertheless, the Indian authorities have acted in a shocking matter by detaining these individuals and putting their health at further risk. Because of their HIV status, they require food at regular times and proper medical treatment. Both have not been provided in an adequate manner, and one of the detainees fainted in the presence of an immigration official.
We call on you, urgently, to investigate this matter. The health and well being of the six individuals is a responsibility of the Indian government when they are in detention. But even more importantly, the Indian Government is sending a message loud a clear to the world that it does not respect the fundamental rights of people living with HIV/AIDS. We call for their release immediately.
Thank you for your attention to this request.
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Linda Hartke, Coordinator
Ecumenical Advocacy Alliance
150 route de Ferney
P.O. Box 2100
CH-1211 Geneva 2
Switzerland
Tel: + 41.22.791.6141
Fax: + 41.22.710.2387
E-mail: lhartke@e-alliance.ch
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Thank you.
Kim Soo A
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
