HIV Bill At Cabinet Level-Ministry Of Health

The HIV Prevention and Management Bill is now under Cabinet Committee on Legal Affairs for consideration says Ministry of Health.

This was disclosed on Wednesday evening by a delegation from the Ministry of Health during the encounter with Parliamentary Committee on Nutrition, HIV & Aids. 

Dr. Charles Mwansambo, Chief of Health Services in the Ministry of Health said on 2nd March this year the bill was presented to the Cabinet in its original form as proposed by the Special Law report.

“After Special Law Commission report was prepared it had to be presented to Cabinet Committee on Legal Affairs to look at it.” Confirmed Mwansambo

According to the presentation made by the Ministry to the Committee, indicates that the bill was presented to the Cabinet Committee for consideration just after consultations with Parliamentary Women Caucus.

The committee was further informed that Ministry of Justice will soon be reviewing the bill based on the recommendations from the Cabinet Committee on Legal Affairs possibly in May this year and that presentation of the bill to the full Cabinet by Minister of Health will possibly be later in June.

The ministry also indicated that the presentation of the Bill to Parliament will be done after the Cabinet approves the bill possibly in July this year.

Among other issues, Mwansambo informed the Parliamentary Committee that there are no contentious issues in the bill because those were addressed during the time the bill was presented to the wider grouping before it was presented to the Cabinet Legal Affairs Committee. 

The purpose of the bill is among others to provide a comprehensive legislative and institutional framework for combating preventing and managing HIV and AIDS using human rights approach as well as to promote and protect all people in Malawi to access HIV prevention, treatment, care and support services.

Malawi began to work on the bill since 2009 through the Law Commission and the process of developing it involved Parliamentary Committee on HIV and AIDS, People Living with HIV (PLHIV), risks and vulnerable groups as well as service providers among other stakeholders.


Additional Information About the Bill


Guiding Principles of the Bill are; provide a multi-dimensional approach to the management and prevention of HIV &AIDS, and promote human rights of key and other vulnerable population including access to remedies where human rights of people living with HIV & AIDS are violated.

The Bill intends to achieve the following:

• Create a vibrant institutional framework for effective enforcement of the HIV legislation

• Promote gender equality on impact of HIV and AIDS on women and cultural practices

• Prevent spread of HIV and promote human rights in terms of discrimination and equality, privacy and confidentiality, marriage and family life, property and access to judicial remedies.

• Enhance public health delivery systems in terms of testing for HIV infection and modes of testing

• Provide accurate and reliable information on HIV and AIDS in terms of regulation of information of information and misleading information.

• Provide equal employment opportunities and prohibit discrimination, adoption of HIV and AIDS workplace policies, and HIV and AIDS as an occupational hazard for service providers

• Provide for the role of non-formal and indigenous education 

• Apply criminal law for transmission and exposure offences, and accountability for HIV and AIDS related funds.

Mw HIV Bill in Advanced Stage

Mw HIV Bill in Advanced Stage

The Malawi Government says it is making strides in formulation of laws that protect rights of those infected and affected with HIV pandemic.

Malawi has no proper policy that protects people with HIV or those that were affected because of the virus.

Secretary for Nutrition and HIV/AIDS in the Office of President and Cabinet Edith Mkawa said her office is among others speeding up the process of finalizing the HIV Bill so that everyone infected or affected with the virus should have their rights observed.

She said the bill is in its final stage and hopes to submit it to the cabinet soon so that it goes to the next sitting of parliament for it to be passed. She said the bill among others seek to help those that were infected with the virus get medical assistance without being questioned on how they got the virus or any form of violation of their rights.

“What we are working on right now is the HIV Bill. We have been working with partners including legal firms to come up with HIV Bill, what is remaining now is to take the bill to Cabinet Committee and once it gets there we will see the way forward.” She said

“And we are hoping that with that bill it will help people with rights issues so that everyone at least has their right observed.”