Rights watchdog Jamaicans For Justice (JFJ) has voiced dismay that the majority of Jamaicans whose HIV status have been made public were outed by their own relatives and male partners “who weaponise their status”. As a result, several matters have been referred to the Counter-Terrorism and Organised Crime Investigations Branch (C-TOC) in instances where the disclosure was made online and threats issued.

“Some 70 per cent of the disclosure occurs within community settings by family members. The remaining 30 per cent happens within health settings and workplace settings,” JFJ’s Executive Director Mickel Jackson told the Jamaica Observer on Monday, noting that some individuals have been fired from their jobs following the revelation.

She said, within the community settings, women are the ones affected the most with some of them being subjected to violence by their male partners who use their HIV-positive status against them.

Human immunodeficiency virus (HIV) attacks the body’s immune system. Acquired immunodeficiency syndrome (AIDS) occurs at the most advanced stage of infection. HIV targets the body’s white blood cells, weakening the immune system.

Jackson, who was responding to questions from the Observer on the issue, said JFJ has been supporting the victims who are between the ages of 20 and 40 by providing warning letters from their attorneys to the perpetrators.

“In some instances we have assisted with mediation meetings when the client requests same as they are afraid of navigating court proceedings or may just want reinstatement in their jobs. Where there is a general lack of understanding about HIV transmission that may fuel discrimination, we host community interventions or at places of employment where the discrimination may have occurred,” Jackson said.

At the same time, Jackson lamented the absence of any targeted legal remedy to address the situation.

“The legal remedy is limited. The most is the warning letter, which is really saying cease and desist or we may sue. Unfortunately, the possible criminal route is not readily being taken. Based on the laws that exist, the legal remedy is unclear. It may therefore mean pursuing a civil matter for constitutional breach of one’s right to privacy, but because of fear of further disclosure, some persons do not want to pursue that matter. This is something we are strategising around as to testing the legal remedies,” Jackson explained.

She said individuals who have been subjected to such treatment have had to get justice by other less direct means.

“If the status is disclosed online and accompanied by threat, the remedies under the Cybercrimes Act may be pursued, so we have referred matters to C-TOC. Within institutional settings, like health care facilities, the policies of the Ministry of Health kick in. Relevant oversight bodies may have their own avenue that would impose sanctions, especially with the Data Protection Act and the Jamaica Constabulary Force’s diversity policy, if the disclosure of discrimination is done by the police,” Jackson said further.

The JFJ head is, in the meantime, appealing to the conscience of Jamaicans where the issue is concerned.

“Stop it. Exercise compassion. Respect the rights of others. Recognise that when you breach an individual’s rights, sharing a person’s status in a high-stigma environment, there are far-reaching negative consequences,” she said, noting that unauthorised disclosure led to job loss in the case of one individual now being assisted by JFJ.

“She lost her job and is now not able to provide for herself with basic things like food,” Jackson said.

A 2013 study funded by the United Nations Development Programme said there are no laws to safeguard the right of persons living with HIV to an adequate standard of living and social protection in the event of unemployment, sickness, or disability, and to protect them and their households from stigmatising, discriminatory and violent actions.

Jamaica’s 2017 Revised National HIV Policy says HIV and AIDS rank among the top 10 causes of premature death in Jamaica.