NHRC, others seek enforcement of HIV anti-discrimination law
A decade after Nigeria passed the HIV and AIDS Anti-Discrimination Act, experts say the promise of equality remains unfulfilled, writes Onozure Dania
More than a decade after Nigeria passed the HIV and AIDS Anti-Discrimination Act in 2014, stakeholders say the law’s promise of dignity and equality for people living with HIV remains largely unfulfilled.
This was the central concern at a three-day stakeholder review meeting convened by the National Human Rights Commission in Lagos, where government officials, civil society leaders, international partners, and community advocates gathered to examine the law’s implementation.
The HIV and AIDS Anti-Discrimination Act was enacted to prohibit discrimination based on HIV status in employment, education, and healthcare.
It also guarantees privacy, access to justice, and protection from forced disclosure. Yet, speakers at the event revealed that enforcement has fallen short, with people living with HIV still facing widespread stigma.
Speaking during the opening of the event on Wednesday, Executive Secretary of the NHRC, Dr. Tony Ojukwu (SAN), called for urgent action to close implementation gaps in the HIV and AIDS Anti-Discrimination Act, 2014.
Addressing key stakeholders, including the Attorney General of the Federation, representatives of NACA, UNAIDS, WHO, and civil society organizations, Dr. Ojukwu stressed that stigma and discrimination against people living with or affected by HIV/AIDS persist despite the law’s enactment more than a decade ago.
“This meeting marks a crucial step in our collective journey to build a more inclusive, compassionate, and rights-respecting Nigeria,” Dr. Ojukwu said.
“It is the opinion of the National Human Rights Commission that these discriminations have gone on for far too long, and it is our mandate to rally stakeholders to stem this tide,” he said.
According to him, the HIV and AIDS Anti-Discrimination Act of 2014 prohibits unfair treatment based on HIV status in employment, education, healthcare, and other public spaces. It guarantees privacy, protection, and access to justice for those affected. However, the NHRC chief pointed out that enforcement has fallen short.
“From workplaces to religious institutions, people living with HIV still face violations of their rights,” Ojukwu noted. “We must take deliberate steps to ensure that the promise of the 2014 Act becomes a reality.”
He stated that the event, supported by the Global Fund’s Grant Cycle 7 (GC7), is part of a broader initiative to strengthen legal protections and improve access to justice for people living with HIV/AIDS and key populations.
The NHRC is leading the review process to identify gaps within the law and propose legislative amendments.
“We are currently dealing with discrimination on diverse fronts, affecting key populations and persons impacted by tuberculosis, among others, this review allows us to re-evaluate the Act in terms of coverage, implementation, and enforcement,” he said.
Dr. Ojukwu emphasised the importance of collaboration between government ministries, civil society, healthcare workers, and international partners.
“Human rights protection in the context of health cannot be achieved in isolation, this forum is designed to enhance cross-sector collaboration and develop a comprehensive action plan,” he said.
Also speaking at the event, the joint United Nations AIDS called on all stakeholders to intensify efforts to eliminate HIV-related stigma and discrimination across Nigeria, particularly through the full implementation and domestication of the HIV and AIDS Anti-Discrimination Act, 2014.
Delivering a goodwill message on behalf of the UNAIDS Country Director, Dr Leopold Zekeng, at the opening ceremony, Fisayo Aranisola-Kakayode, Human Rights and Law Adviser at UNAIDS, stressed that discrimination remains a major barrier to ending the HIV epidemic in Nigeria.
“HIV-related stigma and discrimination, in all their forms, continue to undermine interventions across the HIV prevention, treatment and care continuum,” said Aranisola-Kakayode.
“They are not just barriers to accessing healthcare; they are violations of human rights that threaten our progress,” she said.
According to findings from the Nigeria People Living with HIV Stigma Index Survey 2.0, 22% of respondents reported experiencing some form of stigma or discrimination.
Aranisola-Kakayode noted that key populations such as sex workers, men who have sex with men, and people who use drugs often face “violent law enforcement practices, arrests, and other forms of human rights violations.”
She added, “Violence and discrimination against women and girls also remain pervasive. These violations often shove persons living with HIV and key populations to the margins of society, denying them access to life-saving health and social services.”
While commending Nigeria’s progress, including joining the Global Partnership for Action to Eliminate All Forms of HIV-Related Stigma and Discrimination in March 2025, she highlighted the urgent need for greater national ownership.
“Till date, not all 36 states in Nigeria have domesticated the Act,” she said.
“This stakeholder engagement presents a crucial opportunity to reaffirm our commitment and ensure that all Nigerians are protected, regardless of where they live,” Aranisola-Kakayode.
She praised the contributions of civil society groups such as the Network of People Living with HIV and AIDS in Nigeria (NEPWHAN), the Association of Women Living with HIV in Nigeria (ASWHAN), and the Association of Young People Living with HIV in Nigeria (APYIN), describing them as “at the frontline of combatting HIV-related stigma and discrimination.”
Aranisola-Kakayode concluded with a call to action, “Protecting everyone’s rights is not a favour to any group it is the way we can protect everyone’s health, end AIDS, and build a more just and happier society. By working together, we can dismantle the barriers of stigma and discrimination and create a future where equality and justice prevail.”
In its good will message,the World Health Organisation, reaffirmed its commitment to supporting Nigeria in the implementation of anti-discrimination programmes under the HIV and AIDS Anti-Discrimination Act, urging stakeholders to strengthen legal protections and healthcare responses for people living with HIV.
The WHO Country Representative, Dr Walter Kazadi Mulombo, who was represented by Sylvia Opina, while addressing participants stated that this is a crucial step toward engagement on the review and implementation of the anti-discriminatory programmes under the Nigerian DNA and the Discrimination Act 2015.
The WHO commended the National Human Rights Commission and the National Agency for the Control of AIDS for organising the event, which brings together a wide range of actors committed to combating HIV-related stigma.
Dr Mulombo, said,“On behalf of the World Health Organisation in Nigeria, I extend my heartfelt gratitude to each of you stakeholders here today for your manoeuvrable commitment to the fight against HIV and AIDS and the promotion of human rights for all individuals, regardless of their HIV status”.
The WHO described the HIV and AIDS Anti-Discrimination Act 2024 as a milestone in ensuring the dignity and equal treatment of people living with HIV.
“It is a powerful tool that not only protects the rights of people living with HIV, but also fosters an environment where they can access healthcare, employment, and social services without fear of stigma,” Opina noted.
WHO’s role in Nigeria’s HIV response includes technical assistance, capacity building, policy advocacy, and programme evaluation.
Opina emphasised that this support would continue as the country seeks to strengthen legal and institutional frameworks.
“Our collaboration with government bodies, NGOs and community groups has been pivotal in advancing these initiatives,” she said.
“We must continue to independently train healthcare workers and strengthen legal frameworks to protect the rights of individuals living with HIV.”
Referencing challenges highlighted by NACA, Opina acknowledged the continued stigma faced by people living with HIV and the connection between HIV and gender-based violence.
“These figures underscore the importance of our continued efforts,” she said. “We must work tirelessly to eliminate stigma and discrimination, ensuring that people can live with dignity and access the services they need.”
She called on stakeholders to remain “vigilant and proactive” in their efforts. “Let us work together to review and advance our anti-discrimination programmes, ensuring that they are robust, inclusive, and effective.”
Opina reaffirmed WHO’s ongoing commitment to the national HIV response. “Together we can make a difference and build a future where discrimination has no place and every individual is treated with the dignity and respect they deserve,” she said.
In his presentation, the Senior Human Rights Adviser to the National Human Rights Commission, Dr. Hillary Ogbonna, criticised employers and healthcare institutions for continuing to demand HIV tests from prospective employees and patients often without informed consent.
“Hospitals are frequently the biggest violators, especially when they collaborate with employers for forced testing,” he noted.
Ogbonna described these practices as unethical and invasive. “Why are you interested in someone’s HIV status?” he asked.
“You don’t get HIV from board meetings or shared laptops. Unless you plan to have sex with your investors, it shouldn’t matter,” he said.
Ogbonna stated that the conversation around HIV is not as a condition requiring exceptional treatment, but as one deserving equal opportunity and dignity.
“Psychotherapeutic action is about full inclusivity,” he said. “It means ensuring people living with HIV have equal access to employment, healthcare, education every facet of life. It’s not about special treatment. That, in itself, becomes another kind of discrimination.”
He stressed that Objective B of the Act affirms the right of people living with HIV to live and work with dignity. “This law isn’t just about protection it’s about building an inclusive ecosystem.”
Dr. Ogbonna also highlighted several critical gaps in the original law. Chief among them is the exclusion of key populations such as sex workers and men who have sex with men who face some of the highest levels of HIV-related stigma.
Provided by SyndiGate Media Inc. (
Syndigate.info
).