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Op-Ed
 
May 1, 2008
Men get raw deal in Ugandan laws

Robert Mugagga

Sometime back, during the commemoration of 25 years after the first HIV/AIDS case was detected in Uganda, President Museveni urged Ugandan law-makers to consider hanging for those that deliberately infect others with HIV.

Some women and friends working with women groups and NGOs that I have talked to, interpreted the President’s warning as being aimed at rapists and infected men who prey on unsuspecting schoolgirls and adult women and end up infecting them.

In other words, these women appeared to suggest that it is okay for HIV-positive women to infect HIV-negative men, but not vice versa. Their argument is that in most cases it’s the men who start and determine relationships!

In addition, they seem to suggest that women share no blame for entering relationships through which they can get infected. They also don’t seem to consider the possibility of women facilitating those tempting situations that force sexually mad men into ‘raping’ them. I mean, for instance, the indecent dressing, excessive drinking and staying out late with strangers who end up taking advantage of them!

It’s high time such women were told the plain truth: you can’t eat your cake and at the same time have it. Those that decide to participate in a dog dance should never complain of being beaten by fleas! Why should women that indulge in situations that may end up in HIV infection leave all the blame only to the men?

Truly, Ugandan laws have for long tried to protect women at the expense of men, or even children. Just look around and see the point. Even in cases of separation or divorces, wives will in most cases be favoured; they are even allowed custody of the children irrespective of the fact that in some families it’s the fathers that care and whom the kids love most. Besides, the courts don’t seem to care that some mothers have been implicated in child torture cases, some ending in deaths!

While the President called for the hanging of those (read men) that deliberately infect others (read women) with HIV, it’s saddening that the President said nothing about the protection of hundreds of newly born babies that everyday “acquire” the killer virus from their irresponsible mothers.

It’s true that during antenatal clinic visits many expectant mothers, under the guise of privacy, still refuse to test for HIV/AIDS, which would guarantee free treatment in case they were found positive. That treatment would help reduce the changes of infecting their babies. But the President doesn’t seem to see anything wrong with this!
In addition, nowadays one hears disciplinarians shouting themselves hoarse, warning young girls, especially students, to guard against older men (sugar daddies). They hardly talk about sugar mummies who are on rampage spoiling and confusing young boys.

This reminds me of that highly publicised case in Kamuli district during the nineties when a 16-year-old primary school boy was arrested and prosecuted for impregnating his female teacher who happened to be a married woman!

The two had confessed to having had a secret and serious affection for each other, but while the boy was being dragged to Police custody, the adult woman had no case to answer! Such are the Ugandan laws.

Lastly, with regard to prosecution and hanging of those that deliberately infect others with the AIDS virus, it remains to be seen how our courts will determine the culprits. Remember we are told that the majority of Ugandans (about 80%) actually don’t know their HIV status and have never bothered to go for testing!

The courts may also experience some difficulties when it comes to some cases of rape. Delays in testing suspected rapists to determine whether they were positive at the time of committing the crime may make it difficult to tell who actually infected the other: The rapist or the victim?

It is possible for the rapist to be HIV-negative and the victim unknowingly HIV-positive!

rmugagga@yahoo.co.uk

 
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