Press release
8th Oct 2010, Bangalore.
Vague report of KSAPS inquiry team on Forced HIV testing –
“Diplomatic report without Communities Voices”
More than 3 months now Sadhane and Suraksha staff and ex staff members are fighting against the forced HIV testing. Sadhane staff gave a written complaint to Suraksha board and later on 28th Aug 2010 Sadhane and along with staff and ex staff of Suraksha conducted a press conference in Bangalore. On 3nd Sept 2010, KSAPS investigation team visited Ramanagar district and Chennapatna taluk as per NACO instruction. The team spoke to 46 staff of Suraksha and 26 staff of Sadhane staff who were forced for HIV testing. They recorded their voices and signatures of 72 staff were taken saying that they were tested forcibly. The KSAPS team gave a copy of the report today, 17th Sept 2010.
The staff members are not satisfied with this report as there no response from the KSAPS team.
Community responses about the report:
Manjesh, Ex-Suraksha Staff and CC member:
I was the taluk coordinator and CC representative. It was the ED who decided to make the staff to undergo forced HIV testing. She asked all the staff to send the report to her by writing the names of the staff behind the report. Due to this testing many staff members has faced enormous stigma and discrimination and due to this reason he resigned from the job. During this testing drive, the staff member’s HIV+ status became known to all the staff due to the negligence of Executive Director. This has caused lot of pain for these persons and has left their job few months later. This happened in one occasion the staff members were called to the central office to collect the salaries. There the staff members saw the scattered reports on ED’s table. The staff came to know about each ones report as names were mentioned behind the report. Many want to keep their status confidential but due to the negligence of the ED the confidentiality has broken. Breaking the confidentiality is a 'gross misconduct' according to Suraksha staff policy. Suraksha board should take appropriate legal and other action against ED for violation of human rights
Vijay Kumar, Ex-Suraksha Staff and CC member:
I was the Taluk Coordinator of Kanakapura Taluk. The Executive Director knowing my HIV positive status made me to undergo HIV testing once again so that my colleagues can go for testing. The decision of making the staff to undergo forced testing was Executive Directors decision. This decision was taken in the April 2009 CC meeting and I was also present on that day. I was against making my staff to undergo forced testing. But due to the pressure from the ED I and my staff members underwent testing and submitted the report at the end. Making the staff and the community to undergo forced testing to meet the project targets should be stopped immediately. Why should HIV positive people go for HIV testing again, this produces wrong prevalence data? Forcing a HIV positive person to undergo HIV test is a severe human rights violation.
Ashok, Ex-Suraksha Staff Dharwad District:
I was working as Community Mobiliser in Hubli Suraksha office. Our CC representative from the Suraksha Dharwad project told all the Dharwad district staff members to undergo HIV testing mandatorily after the April 2009 CC meeting which was decided by the ED. Whenever Suraksha organised DIC event the Lab Technician from the ICTC was called to draw the blood for HIV testing. I also got tested similarly. I got tested without pre and post test counselling. I was not asked to sign the consent form. This is not only my care this happens with each and every community members who attend these events. Due to these reasons now very few community members visit the DIC. In my report it was mentioned that I was positive and reveled my status to my taluk coordinator. I gave my report by writing my name behind the report and was sent to ED. After a few days later she visited Dharwad district and there I asked whether Suraksha will provide any support for PLHIVs. She said not to ask the same for the next one year. This is true Suraksha focused only on testing rather supporting them for care and support services. I was sick as I had TB Suraksha deducted 4 days if my salary due to absence for work. I was tested without pre and post test counselling and hence I was not registered for pre ART. Suraksha dint supported me when I needed support for my ART treatment. Suraksha clearly violated the NACO guidelines. Suraksha tested the staff without counseling, without informed consent, non voluntary and due to this the Human rights of the Staff members violated.
Karishma, Suraksha staff:
In the end of 3rd paragraph of the KSAPS report, the Executive Director says that “She is the organizational representative to the CC meeting and does not have Voting rights. She endorsed the decision taken by the committee at their April meeting to encourage staff to get tested.”
“I was present in the meeting with KSAPS team when they visited on 3rd Sept 2010. Suraksha staff (including myself) gave a copy of the minutes of the April 2009 CC meeting. In that meeting minute, it was clearly mentioned that the staff to undergo for HIV testing is Executive Director’s decision. We also explained KSAPS team in Chennapatna that it was Executive Director’s decision. Who has taken the decision of collecting the tested reports along with their names in it? My question is that “why these points are missing in the report?” - All the 72 staff members from both organizations who were forced to test shared their problems and their voices were recorded. There is no information about it. Executive Director is the head of the organization and have all the powers including that of rejecting the decisions of CC.
Bharathi, General Secretary, Sadhane:
In the end of 2nd paragraph of the KSAPS report, the Executive Director says that “Community testing is a key target indicator of the targeted intervention program on which the program is evaluated”.
It is very clear for us including NACO, KSAPS and KHPT that the community should be encouraged testing but not mandatorily. Currently in Suraksha and Sadhane, most of the staff members were tested (community and non community staff) is completely due to force and this was agreed by all the staff members who were present in Chennapatna and Ramanagar. To meet the targets staff members are tested. Is there any written communication from KHPT? KSAPS team should have commented on this in their report
Veena, Community leader and Human Rights activist:
Paragraph 7 of the KSAPS report says “As informed by Executive Director, Suraksha, of the 46 Sadhane staff on rolls in June 2009, 25 reports are with office of Executive Director, Suraksha and of the 148 staff on rolls of Suraksha 64 reports are in the office of Executive Director”.
“As per the ICTC guidelines the report should be kept with the counselor at the ICTC or to be with the person who went for testing. How the Executive Director of Suraksha can keep these reports under her custody? Did KSAPS team questioned on this?”
Paragraph 14 of the KSAPS report says “Both Maggie Thomas and the President of Suraksha board alleged that, it is some vested interest by some people in making this on issue”
The Executive Director and the President of the Suraksha Board making such statements are some kind of efforts to dilute this issue. They should have given the names of people whom they are targeting. We are the ones who distribute condoms in order to prevent the transmission of HIV. We need managers who will work for the betterment of community and not someone who enforce their power on the community and staff.
KSAPS team report speaks more about the Executive Director of Suraksha and the President of Suraksha board. The important points shared by the staff members are completely missing in the report. The response of the KSAPS team is also completely missing in the report.
Our demands:
· Suraksha board should dismiss its Executive Director for forcing staff members of Suraksha and Sadane to undergo forced HIV testing. Suraksha staff policy the issue of breaking confidentiality (about HIV status) is a serious issue and is considered as "Gross Misconduct". Suraksha board should take appropriate legal and other action against ED for violation of human rights
· Suraksha board to apologize to the staff members of Sadhane and Suraksha for violating their rights and causing harm
· Suraksha board to take all necessary steps so that these kind of human rights violations are stopped for ever.
· KSAPS should reject the inquiry team report for biased and unfair report. Take immediate action against the KSAPS inquiry team members as they have overlooked serious violations like the Suraksha ED getting reports to her. Team doesn't even bother to probe about this breach of confidentiality.
· KSAPS to take steps to stop all forced HIV testing across Karnataka by programs supported by the government or other donor agencies.
For more details kindly contact
Manjesh- Community spokesperson (095917 25003), Karishma - Present staff Suraksha (099005 11304),
Veena- Community leader (88614 36660), Mahesh Patil -Ex staff Suraksha (095351 44614)
