The effectiveness and reach of the Human Rights Charter addressing HIV, TB, and STIs for Key and Other Priority Populations are constrained by structural barriers such as poverty, inadequate resources, and legal or policy limitations. Furthermore, human rights activist Sizwe Kunene points out that a widespread lack of awareness regarding human rights and the objectives of the Charter within communities contributes to resistance against its implementation.

By Noko Mashilo

Sizwe Kunene is a passionate advocate for human rights. He devotes his life to pursuing justice and equality.

As we approach the 2025 Human Rights Day in March, he embraces the theme “I am Human,” highlighting the fundamental truth that human rights are universal. Kunene firmly believes that every person, irrespective of their background, is entitled to respect, protection, and equal opportunities.

As the special project coordinator at Show Me Your Number and the Provincial Chairperson of the Gauteng Aids Council Law and Human Rights Sector, Kunene explained that the creation of the Human Rights Charter on HIV, TB, and STIs for Key and other Priority Populations is fundamentally motivated by the need to overcome the structural, societal, and legal barriers that restrict access to essential healthcare and services.

“These barriers disproportionately affect vulnerable and marginalised groups, including those most at risk of HIV, TB, and STIs,” said Kunene who was born 25 years ago in eDumbe, then Paul Pietersburg in KwaZulu-Natal and now lives in Diepkloof, Soweto.

He stated that the purpose of the Charter is to provide all individuals, regardless of their identity or status, with equitable access to healthcare services, information, and resources: “It also challenges the social stigmas and discriminatory practices that discourage individuals from seeking care and support. Reduce the prevalence of HIV, TB, and STIs by empowering individuals through education, prevention tools (such as condoms), and treatment.

“It also holds governments and institutions accountable for their commitments to universal health access and human rights. By emphasising these objectives, the Charter seeks to create a more inclusive, compassionate, and health-conscious society where everyone can live with dignity and access essential care.”

Kunene said the implementation of the Human Rights Charter in Gauteng involves a wide range of activities designed to promote awareness, address key issues, and ensure its objectives are met.

“These activities include providing targeted education to raise awareness about fundamental human rights and their relevance to healthcare access and equity, empowering individuals with knowledge about their rights to healthcare and protection from discrimination, organizing events aimed at combating stigma and promoting inclusivity for all affected by HIV, TB, and STIs, conducting in-person conversations and community dialogues to unpack and address the principles and goals of the Charter.”

According to Kunene, Community-based organisations (CBOs) are instrumental in advancing the Human Rights Charter on HIV, TB, and STIs, functioning as a vital connection between the Charter’s aims and the communities it is designed to support: “Their contributions include CBOs that amplify the principles of the Charter by raising awareness within communities about their rights and the services available to them. This will promote equity, and achieve the Charter’s goals.”

He said that the South African National AIDS Council (SANAC) plays a crucial role in evaluating progress and tackling challenges associated with implementing the Human Rights Charter. This is achieved through a strategic approach that combines data-driven assessments, collaboration with stakeholders, and active community involvement.

“SANAC monitors key performance indicators, such as access to healthcare services, reductions in stigma, and documented cases of human rights violations, to measure the Charter’s impact.”

Kunene stated that the task of promoting and enforcing the principles of the Charter is fraught with significant challenges, including the persistent stigma and discrimination that hinder key and vulnerable populations from accessing vital healthcare services. He highlighted that structural barriers such as poverty, inadequate resources, and legal or policy limitations, further constrain the Charter’s effectiveness and reach.

“Structural barriers, such as poverty, inadequate resources, and legal or policy restrictions, further limit the Charter’s reach and effectiveness.”

He further said lack of awareness about human rights and the Charter’s objectives within communities creates resistance to its implementation.

“Ensuring multi-sectoral coordination and accountability among stakeholders also remains a challenge, as does addressing systemic inequalities that perpetuate health disparities,” said Kunene who believes these challenges require sustained effort, advocacy, and collaboration to overcome.

He highlighted that a significant achievement stemming from the Charter’s implementation is the enhanced cooperation and interaction among civil society organisations, healthcare providers, and local communities.

“This has led to more accessible health services and improved awareness about the rights of key populations. A key lesson learned has been engaging directly with communities that have revealed the complexities of stigma, including self-stigmatisation. It has highlighted the need for tailored and culturally sensitive interventions.”

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