1. Building consensus on the science and law of criminalisation of HIV non-disclosure, exposure and transmission: relevance and implications in Africa Patrick EBA, UNAIDS

2. Situation of criminalisation of HIV transmission in Africa Variety of laws: Sexual Offences Act; Penal Code; Public Health Act; Reproductive Health Laws; HIV specific laws Mostly overly broad legislation “…any attempt to a person’s life by the inoculation of substances infected with HIV, regardless of how these substances were used or employed and independently of the consequences thereof.” Article 1, HIV Law of Mauritania, 2007 Some countries are still considering criminalisation: Uganda, Malawi… Recent positive legislative developments: Guinea, Togo, Senegal, Congo

3. Why discuss the science and law of criminalisation of HIV Need to expand on 2008 Policy Brief on Criminalisation of HIV transmission Continued overly broad criminalisation of HIV transmission through laws and prosecutions Current positive momentum: USA, Denmark, Guinea, Togo, Senegal, Congo… Key developments and better understanding on science of HIV Experts Meeting on the science and law of criminalisation…31 August-2 September 2011

4. Scientific and medical elements: concerns and elements for policy orientation Risk: What acts involve sufficient risk of HIV transmission for purposes of application of the criminal law? Harm: How does the harm resulting from HIV exposure or transmission compare to other health or non-health related harms? Proof: What are the applicability and limitations of phylogenetic evidence and others scientific methods for proving causality and route of HIV transmission?

5. Legal considerations: concerns and elements for policy orientation Intent: What state of mind/intent should be required for HIV-related criminal liability? Defences: What defences are applicable to prosecution for HIV non-disclosure, exposure or transmission

6. Towards clearer guidance on the science and law of criminalisation of HIV transmission Prosecutorial guidelines and programmatic approaches Policy consultation in Norway - February 2012: building understanding and consensus for change

7. Moving forward on criminalisation of HIV transmission in Africa Stronger civil society mobilisation through legislative processes and litigation Monitoring of cases Engagement of parliamentarians, the judiciary and affected communities at national and regional level