CHR: Denying entry to HIV-positive director a violation of human rights

The Commission on Human Rights (CHR) said the Bureau of Immigration (BI) violated the human rights of renowned Filipino theater director Marcelino “Mars" Cavestany when he was denied entry at the airport earlier this month for being HIV positive.

In a statement issued on Thursday, CHR chairperson Loretta Ann Rosales, said the rights of Cavestany, a naturalized Australian citizen, were denied when he was turned away by BI officials at the Ninoy Aquino International Airport on March 6 this year.

"Based on news reports, he arrived at around 9:30 p.m. from Darwin, Australia and was immediately accosted by immigration agents who physically prevented him from exiting the terminal," Rosales said.

She also said Cavestany was shown a blacklist order signed by then Immigration Commissioner Marcelino Libanan on March 10, 2010.

The blacklist order said to avoid the spread of HIV, patients who are HIV positive cannot be allowed to enter the country.

CHR's recommendations

Rosales said the CHR is "gravely concerned" that the incident involving Cavestany happened and doubts that other HIV positive persons have been excluded in the past.

"Immigration officials, like all other law enforcement officials, are duty-bound to follow the law and respect the fundamental rights of HIV positive persons," Rosales said.

To prevent the repetition of the Cavestany incident, the CHR is urging the Department of Justice, the department primarily responsible for overseeing the Bureau of Immigration, to institute these measures:
(1) revoke the Libanan exclusion order after reviewing its legality and the regularity of its issuance;

(2) adopt clear guidelines on immigration exclusion, based on a correct interpretation of Republic Act 8504;

(3) issue an official apology to Mr. Cavestany; and

(4) investigate and penalize persons responsible for the Cavestany incident and similar acts of discrimination.

Dismayed and alarmed

"The Commission on Human Rights is dismayed and deeply alarmed at this incident," Rosales said.

"This is a clear case of discriminatory action against a person with HIV, and an infringement on his freedom of movement," she added.

Rosales said the rights of HIV patients are protected under:
●Article 13 of the Universal Declaration of Human Rights (UDHR);
●Article 12 of the International Covenant on Civil and Political Rights (ICCPR), and
●Article III, Section 6 of the Constitution.

She said these laws "provide that freedom of movement of every person, aliens and citizens alike, shall not be restricted unless where necessary to protect national security, public order or health, and the rights and freedoms of others."

"Advances in medical science and human rights have enabled civilized nations to respect the fact that HIV+ is not a public health condition warranting exclusion," she added.

Rosales also cited Republic Act 8504 otherwise known as the Philippine AIDS Prevention and Control Act of 1998 and its Implementing Rules and Regulations (IRR):
“HIV is not among the dangerous, loathsome or contagious diseases referred to in the Immigration Code (Sec. 29). The freedom of abode, lodging and travel of a person with HIV shall not be abridged. No person shall be quarantined, placed in isolation, or refused lawful entry into or deported from Philippine Territory on account of his/her actual, perceived or suspected HIV status." (Art. VII, Sec. 37 of RA 8504 and Rule 8, Sec. 48 of the IRR)

Ignorant and speculative

"Clearly, the refusal of entry of Mr. Cavestany at NAIA last 6 March 2011 for the reason that he is HIV positive is unacceptable and illegal. The reason stated in Libanan’s exclusion order that he might spread HIV is as ignorant as it is speculative," Rosales said.

"Ironically, Mr. Cavestany had intended to travel to the Philippines to help educate Filipinos on the effects of AIDS," she added.

By discriminating against Cavestany, Rosales said Immigration officials "deprived thousands of Filipino communities the chance of accessing information on the deleterious effects of HIV-AIDS and on ways of reducing or preventing its transmission." – VVP, GMA News


(2011-3-10/GMA News)