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Response stories

First REAct Successful HIV Discrimination Court Case

The REACT system in the Republic of Moldova was launched in December 2019.

For the first half of 2020, 115 appeals from representatives of key groups and people living with HIV were documented.

One of the first registered cases was about discrimination against an HIV-positive person in employment:

Arthur*
December 2019
“A 30-year-old man was hired as a loader at Bomba in November 2019. A month later, the man was dismissed from his post due to the fact that he has a positive HIV status, as well as due to the fact that he has a criminal record, which is associated with multiple discrimination. All the difficulties in the workplace arose for the beneficiary, as he was forced to disclose his HIV status to his immediate supervisor. Even from the day when he was forced to reveal his status, he could no longer work, as being obliged to submit several health certificates, although he had held this position for more than a month. In addition, the recordings of conversations with company representatives clearly indicate that the reason for the firing is HIV-positive status since the working group does not accept an HIV-positive person.”

*Name has been changed

The client was immediately referred to a project lawyer from the Positive Initiative organization. An application was drawn up to the Council for the Prevention and Elimination of Discrimination and Ensuring Equality. The Council ascertained the fact of discrimination against this person on the basis of social status (former prisoner) and HIV status (HIV-positive) and made a corresponding decision. Further, the lawyer O.A. “Positive Initiative” went to court and defended the interests of the applicant in this process.

And so, on November 23, 2020, in the building of the capital’s court in the Center sector, a decision was announced in the case of discrimination by the Bomba company. Judge Lupashku Natalya partially granted the motion filed by M.A., the discriminated and dismissed person from this company, and ruled to:

  • Cancel the order to dismiss M.A. from the position of a loader;
  • Reinstate him on the position
  • Recover material damage (collection of unpaid wages due to forced absence from work, a fine for delay and moral damage) from the company “Bomba” in favor of the plaintiff

This is an important victory and a precedent for the Republic of Moldova, in which justice has shown that it is an ally in eliminating discrimination from our society.

“We are pleased with the results of the review of the process. We hope that this court decision will send a message to the whole society that the phenomenon of discrimination is unacceptable and will not be allowed, ”said Andrei Lungu, O.A. “Positive Initiative”.


Read also:

Impact of the COVID-19 pandemic on human rights in Moldova. First observations

Discrimination against pregnant women living with HIV in a maternity hospital


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Response stories

Impact of the COVID-19 pandemic on human rights in Moldova. First observations

During the first half of 2020, there were registered 17 cases, one way or another related to the COVID-19 pandemic and lockdown. Some of the cases do not qualify as violations of human rights, but they make it possible to understand what problems ordinary residents of the country face.

The registered cases indicate that vulnerable groups in the field of HIV face financial difficulties and reduced incomes and inability to pay off previously taken loans.

Dismissal of patients with COVID-19 or dismissal due to
suspicion of COVID-19 or refusal of employment due to
the fact that relatives are sick

Michael*
Moldova, May 2020
“I was denied a job because one of my relatives is sick with coronavirus. But I am not in contact with him. When I got a job, they asked me if any of my relatives were sick with coronavirus, I said yes, they were. I was offered to be checked and then come again to find a job. But I have no money. How should I be?

*names changed, titles hidden

Unreasonable fines as a tool to put pressure contentе
on sex workers.

Barriers to access to OST and ARV therapy due to quarantine restrictions, as well as restrictions on movement between settlements.

Andrey*
Moldova, June 2020
“In the COVID-19 mode, a client could not get on
the OST program, since the addiction clinic was closed. He had to wait a month to solve this problem, and all this time he was using street drugs”

*names changed, titles hidden

Refusal to provide medical care: the ambulance does not arrive, hospitals are in lockdown.

Ruslan *
Moldova, May 2020
“The client, working at home with a grinder, through negligence, seriously injured his hand. An ambulance was called. The call was denied due to the fact that the ambulance will not go to the quarantine and to a remote settlement. It was recommended to somehow by himself get to the hospital of the city ***, since all the polyclinics in the district are closed for quarantine, and doctors do not see patients. The situation was resolved 2 days after contacting the Ministry of Health by the client met a doctor, operated on, and stitched.

*names changed, titles hidden

But in general, it is important to note the effective work of NGOs, which were able to quickly arrange the delivery of drugs to patients at home. Reported cases are rare exceptions, but generally reflect difficulties in obtaining drugs.

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News Response stories

How to Ensure Sustainable Work of Human Rights Protection Projects in new COVID-19 Reality

Lessons from REAct implementing countries within SoS_project.

As for now, the countries where we currently operate are not the ones most severely affected by COVID-19. However, states have already started to apply prevention measures in different ways: from the state of emergency in Georgia to the night curfew in Kyrgyzstan to the absence of any restrictions in Tajikistan so far.

Covid-19 statistics by country as of 22/04/2020 (WHO)

Country Confirmed cases New cases Deaths
Georgia 408 9 4
Kyrgyzstan 590 22 7
Moldova 2548 76 70
Tajikistan 0 0 0

Human rights are the second (after public health care) issue we have to keep an eye on when preparing for a potential pandemic crisis, as they are most likely to be sacrificed by the states trying to stay in control of the situation. This article aims to share lessons and ideas, gained by REAct communities and NGOs to ensure sustainable and effective work of the human rights organizations during the lockdown.

1. Care about REActors’, outreach-, social-workers’ safety first

  • inform your team members about the COVID-19 prevention measures
  • provide REActors with basic protection materials (masks, gloves, antiseptics)
  • reorganize the way your NGO provides services (remote, online work, permanent shift groups, home delivery)
  • disinfect regularly the office and the distribution sites.

Human rights protection services should not be stopped due to the lockdown. Legal and psychological support, as well as health care, prevention and harm reduction services must meet people “where they are”. Currently, outreach workers are at the same level of risk as primary health care employees, as they have to keep contacting clients and meeting them outside. Their safety is our number one priority.

In Tajikistan, there are no officially registered COVID-19 cases yet and the government did not impose any quarantine restrictions. Anyway, NGOs and service organizations take all the necessary measures to prevent the virus from spreading: interviews with victims of HR violations are held remotely and there is mandatory moping and sanitization of the meeting room after each session.

In Georgia service (as well as human rights protection) organizations continue working to ensure sustainable assistance for the clients. It was decided to optimize working hours and divide employees into several permanent shift groups. So that, in case one person gets infected, only one group (this person was working in) will go on quarantine, but other groups will continue working.


2. Ensure sustainable channels of communication to reach clients out and to be reached by them, in case their rights are violated

  • establish 24h crisis hotline
  • disseminate business cards with emergency phone numbers
  • collaborate with governmental COVID-19 hotline or crisis center
  • look for new ways of communication (social networks, for example)

As clients are locked in their homes we barely can know what is happening to them, moreover, we barely will find out if something bad does happen. Now it is time to build new channels of communication to replace face-to-face talk. NGOs can create an emergency 24h hotline, so clients will be able to inform us if their rights are violated or any help is needed.

In Moldova, our partners have contacted the Non-Governmental COVID-19 Crisis Hotline and have asked to inform them immediately if there is an appeal from key groups or PLHIV. So if this happens, the comprehensive, two-sided response can be provided to the victim (key group representative).

Georgia due to lockdown started to search for KPs’ human rights violations on Facebook. REActors monitor Facebook groups, where sex workers and drug users, LGBTQs communicate, share information and seek help, when their rights are violated. Additionally, REActors track hate speech posts and contact the victim indirectly to provide psychological support and legal protection if needed.

For the next deliveries of ARV treatment to clients’ homes, in several countries it is planned to disseminate brochures to inform beneficiaries about their rights during COVID-19 lockdown, as well as to present emergency phone number cards. This small piece of paper can bring the “I-am-in-safety” feeling and serve as a life-jacket stored under the seat, as emergency situations, new lockdown rules cause anxiety, fear, and uncertainty, especially for those who are the most vulnerable and unprotected.

3. Inform clients about COVID-19 prevention measures and quarantining restrictions

  • keep clients updated
  • disseminate brochures with accurate information written in the language that is understood by beneficiaries

Our partners together with UNODC Moldova distributed COVID-19 prevention brochures amount prisoners and people in detention. In Georgia, the same kind of brochures was disseminated amount drug users. Five international recommendations brochures were translated into Georgian for common and overall use by NGOs.

4. Inform clients about their rights and potential HR violations in COVID-19 environment

5. Monitor the situation, collect and share information

  • Hold regular and frequent online meetings/calls with your community members, partners to receive and share information
  • Call/message your clients to find out about their current livelihood, health, conditions
  • Exchange information and notify other civil society stakeholders.

In Kyrgyzstan, the national REAct coordinator holds everyday phone status update calls with 8 REActors, who stay at home due to lockdown and do not have access to the Internet. These REActors keep on consulting beneficiaries on human rights by phone, as well as continue reporting by phone about the number of cases.

Due to the recent information about increasing domestic violence in Kyrgyzstan, the national coordinator works on building sustainable connections with domestic violence hotlines and with other organizations, which work generally on women human rights protection not focusing on HIV-positive, sex workers or female drug users, to be informed if KP women contact them about domestic violence.