Law embodies the story of a nation's development

My brain (that box that sits beside my keyboard) reminds me that I planned to write more about laws addressing HIV in Indonesia. As I mentioned, there is no national law on HIV, and this in theory presents a challenge for provincial legislators. This is because a local by-law must refer to a higher level law (those paragraphs starting 'Mindful of' and 'Paying attention to'). Without that higher authority (so I'm informed) they are not fully valid.

It's not only by-laws on HIV that are of questionable validity. But since the central government seems to have no wish to take on the local administrations. and perhaps because many of the national laws appear to be just as unconstituional, nothing is done. Of course, few laws are actually implemented - or even have the required implementing regulations, so everyone is 'fat, dumb and happy,' as one of my mid-West colleagues used to say.

Back to the topic. Another of my more recent colleagues, Bang Syaiful, has carried out a review of 21 of the 22 provincial by-laws on HIV that have so far been enacted. He reports that without exception they place their main emphasis on morals. In doing so, as he says, they encourage stigma and discrimination.

For example, he notes, several prioritise the role of 'faith and piety' in HIV prevention. This despite the mountains of evidence that it is no more effective now than it was almost 25 years ago, when in 1985 the then Minister of Health replied to a journalist's question that "with faith in God, we don't need to worry about contracting AIDS." So much for pious hopes!

The by-laws also refer to 'healthy living' (the NGO I first worked for here in support of people living with the virus had the slogan "healthy living prevents AIDS"; I had quite a job explaining that to my 'clients', for whom this suggested that they had been living unhealthily. But then, who can claim to live a healthy life now?).

The other favourite cliche in the by-laws is 'family solidarity'. As Bang Syaiful notes, they are effectively saying that HIV-infected people are not pious, have no faith (in God), live unhealthy lives and come from broken families. Good excuses?

And as a result, Bang Syaiful notes, a member of the staff of the provincial AIDS Commission in Aceh told him and other journalists firmly and repeatedly that AIDS control in Aceh would in no way include reference to condoms. As he says, surely use of a condom is part of healthy living?

Babé