The decision by Parliament to repeal section 79 of the Criminal Law Code, which effectively decriminalises the transmission of HIV will significantly strengthen the country’s response to the pandemic by reducing the stigma and discrimination, UNAIDS has said.

Through Section 53 (2) of the Marriages Amendment Bill, Parliament sought to repeal Section 79 of the Criminal Code, in the process modernising and humanising the country’s HIV response.

The Bill sailed through Parliament last week and is now waiting for the President’s signature.

According to section 79 of the Criminal Law (Codification and Reform) Act chapter 9:23, any person who knowing that he or she is infected with HIV; or realising that there is a real risk or possibility that he or she is infected with HIV, intentionally does anything or permits the doing of anything which he or she knows will infect, or does anything which he or she realises involves a real risk or possibility of infecting another person with HIV, shall be guilty of deliberate transmission of HIV, whether or not he or she is married to that other person, and shall be liable to imprisonment for a period not exceeding 20 years.

UNAIDS said the criminalisation of HIV transmission was ineffective, discriminatory and undermined efforts to reduce new HIV infections.

UNAIDS executive director, Ms Winnie Byanyima, said such laws actively discouraged people from getting tested for HIV and from being referred to the appropriate treatment and prevention services.

“Public health goals are not served by denying people their individual rights and I commend Zimbabwe for taking this hugely important step,” she said.

“This decision strengthens the HIV response in Zimbabwe by reducing the stigma and discrimination that too often prevents vulnerable groups of people from receiving HIV prevention, care and treatment services.”

UNAIDS worked closely with Zimbabwe’s National AIDS Council, Zimbabwe Lawyers for Human Rights, parliamentarians, civil society activists and communities to advocate for the repeal of the law criminalising HIV. Herald.