BY SHAMAINE CHIRIMUJIRI
SHAMISO Nyemba sat alone in the darkness, tears streaming down her face as she recalled the fateful day that forever altered her life.
As a woman, she had borne the brunt of societal pressure — a reality often faced by those who consider leaving marriages due to infidelity. The double standard of society that normalises cheating for men while ignoring its devastating consequences left her feeling trapped.
Nyemba felt trapped in her decade-long marriage. One day, she mustered the courage to open up about the pain and abuse she endured. Her friends dismissed her, saying, “Varume vana vadiki, dzimba ndozvadzinoita” (men will be men).
Eventually, Nyemba shut the door on her painful marriage, but it was too late. She had contracted HIV and Aids. Despite appearing to recover, the wounds remained raw. When she confided in her inlaws, they accused her of infidelity.
Her heart broke, but with time, it healed. The only thing visible at that moment was a young woman who appeared to have recovered, but a closer look revealed open wounds.
“Living with HIV is always judged, but no one ever plans to be in such a condition, and it pains me that we, women, are mostly at risk,” she said, explaining that her husband was already on Antiretroviral Therapy (ART) before she discovered it.
There is nothing unique about her story. Zimbabwean women face similar challenges, but some men have also experienced such misfortunes in marriage.
The Daily News on Sunday’s conversation with Nyemba comes at a time when the government had listed HIV/Aids as one of the sexually transmitted infections (STIs), whose deliberate transmission to another partner will now be punishable under law before it was later withdrawn in April this year.
A clause in the Criminal Laws Amendment (Protection of Children and Young Persons) Bill that lists wilful HIV/Aids transmission to a partner as a criminal offence is set to be withdrawn by the government as the country seeks to align with international trends.
A bill before parliament lists HIV/ Aids as one of the sexually transmitted infections (STIs), whose deliberate transmission to a partner is a crime. Other diseases include syphilis, gonorrhea, and herpes. The Criminal Laws Amendment Bill also seeks to rise the age of sexual consent from 16 to 18.
The Bill sought to re-criminalise deliberate HIV/Aids transmission even though the Marriages Act had decriminalised wilful HIV/Aids transmission. Contributing to the debate on the Bill in the National Assembly recently, Justice, Legal, and Parliamentary Affairs minister Ziyambi Ziyambi said prosecution under the Criminal Laws Amendment (Protection of Children and Young Persons) Bill should only apply when deliberate transmission of HIV/Aids is done in aggravating circumstances such as rape and other sexual offences involving young persons.
Speaking to the Daily News on Sunday, the founder of a local sex workers organisation, Mai Dona, who declined to give her full name for fear of victimisation, said criminalisation of HIV/Aids would only fuel discrimination and stigmatisation of high-risk groups like sex workers which can, in turn, disturb their business.
“Criminalising wilful infection is not ideal because sex workers cannot disclose their status to all their clients. “At the same time, we will affect the confidentiality of the people with HIV because it will force them to disclose their medical records. It’s not worth it for sex workers to disclose their status just because of five minutes’ pleasure.
“Sex workers will be targeted because some may see them as a catalyst to HIV infections thereby infringing their human rights. This will cause problems and other people will be falsely accused, especially sex workers,” she said.
“The move to deal with those who infect minors is okay. Dealing with adults will be a complex issue. “We thank the government for starting to engage us at a community level and sex workers have been prioritised to access the newly injectable pre-exposure prophylaxis (prep).”
Mai Dona urged sex workers to have protected sex. She, however, said that due to economic challenges, sex workers are left with no option, but to give in to instances where a client offers them a huge amount of money in exchange for unprotected sex.
“Sometimes a client may offer US$200 for unprotected sex, and a sex worker cannot refuse such an offer for a service that they normally charge US$3 to US$5. “Sex workers have bills to pay and the amount they earn may not be enough to meet those needs. After unprotected sex, the only option is to use prep, which I highly recommend.
“In the cases where someone is infected, we recommend to them to use HIV prevention. We are also raising awareness among fellow sex workers on HIV and Aids prevention.” Human Rights lawyer and MP for Hatcliffe, Agency Gumbo acknowledged the government’s decision, stating that criminalising the deliberate transmission of HIV/Aids would lead to discrimination and violation of human rights.
He added that it would undermine the efforts developed over the years to combat stigma and discrimination around people with HIV. “It was rather an ambitious attempt by the government in the first place to seek to criminalise something which Parliament had previously decriminalised.
“The proposed amendment was bound to face resistance from the public as was evidenced through the hearings and eventually by parliamentarians. In any event, there is no evidence that the extension of criminal penalties to HIV transmission will either achieve justice or prevent transmission.
“The criminalisation of HIV transmission raises critical human rights concerns. It impedes the right to health, more particularly the right to sexual and reproductive health. In a broader sense, criminalisation will violate inter alia the rights to privacy, equality, and non-discrimination,” Gumbo said.
Zimbabwe has been making significant strides towards meeting the ambitious UNAIDS 95-95-95 targets, which aim to achieve a 95 percent reduction in new HIV infections, 95 percent access to ART, and 95 percent viral suppression by 2030. “Criminalisation of HIV transmission is simply a poor public health policy. It undermines the efforts developed over the years around combating stigma and encouraging testing and treatment.
It’s tantamount to undoing the victories which our societies have registered against the fatal and final effects of HIV,” Gumbo said further. “Our people have now developed vast knowledge and the capacity to manage the virus in treatment and care. Attaching the stigma of criminality will force affected and infected persons to develop a fresh fear and stereotypes related to the virus.”
“The Constitution of Zimbabwe already provides for the right to nondiscrimination and the right to a functional healthcare system. “Efforts must be increased by the government, public and private health institutions, and all stakeholders to ensure there is an end to stigma. This will in turn encourage treatment and limit the rates of transmission,” he added.
Similarly, Rumbidzai Matendera, a Reign Mental Health Consultancy psychologist, gave the green light to decriminalise the act, saying it will be difficult to prove in a particular relationship who was infected first. “The decision to withdraw the clause criminalising the deliberate transmission of HIV/Aids as an STI is a positive step, as it may help reduce stigma and encourage a more public healthfocused approach to addressing the HIV/Aids epidemic.
“By reducing stigma and promoting acceptance, people living with HIV may feel more comfortable disclosing their status, leading to more open and honest conversations about sexual health within relationships.
“However, the government’s decision to maintain criminalisation in cases of rape and sexual offenses involving minors warrants further examination to ensure that it is implemented in a way that protects vulnerable individuals without contributing to broader stigmatisation and discrimination,” she said.
On his part, Padare/Enkundleni Men’s Forum of Gender director Walter Vengesai urged men to get tested before indulging in sexual activities in a relationship to promote health style and deal with a common misconception that they are the gender that usually spread HIV/Aids.
“As men, we advocate for all HIV-positive individuals to have access to treatment. However, if people are aware of their status, it can lead to stigma and discrimination. Consequently, some may hesitate to disclose their status, making it challenging to effectively address the HIV prevalence rate in Zimbabwe.”
“This highlights the delicate balance between promoting awareness and avoiding potential negative consequences. Encouraging openness while addressing stigma remains crucial in the fight against HIV/ Aids. “I urge men to go for a test before engaging in sexual activities in their relationships. They should prioritise using condoms to reduce the risk getting HIV,” said Vengesai.
Meanwhile, Pastor Blessing Kaniwa of Waterfalls United Methodist Church urged churches to preach nothing, but love towards people with HIV as a way to unite communities.
“Contracting HIV/Aids is not something anyone would go out and search for, it’s something that can happen to anyone in life. “I, therefore, call on communities not to judge or discriminate against people who are HIV positive, but to love and support them,” she said.
“Once you have found out that you are HIV positive, know that it’s not the end of the road. We are all the same in society despite our health status.
We are all important and we thank the government because criminalisation or wilful transmission of HIV was going to cause hate and a complicated situation.”
As the debate around criminalisation of the deliberate transmission of HIV/Aids continues, the fight against the epidemic requires a multi-faceted approach to deal with stigma and discrimination and the complex realities of those living with the virus.