Kampala — A stringent bill on HIV/AIDS is expected to be presented before Parliament this month. Under the HIV and AIDS Prevention and Control Bill 2009, spreading the disease knowingly will become a criminal offence.

Anybody who willfully and intentionally transmit the disease faces a fine of sh4.8m or imprisonment of up to 10 years or both. An attempt to transmit the disease is also a crime under the new bill and could attract a fine of sh240,000 or imprisonment of up to five years or both.

However, a person transmitting the virus will not be convicted if the other person was aware of the partner's HIV status and voluntarily accepted the risk of infection. The bill also states that a person shall not be convicted if the infection occurred yet protective measures were being used, such as when the condom bursts during sexual intercourse.

The bill provides for routine HIV testing of pregnant women and their partners, as well as victims of sexual offences, to prevent transmission of the disease. It also provides for testing under a court order.

The HIV/Aids committee chairperson, Beatrice Rwakimari (NRM), told The New Vision yesterday that the bill was being printed and is scheduled to be tabled in Parliament at the end of this month.

The private member's bill also provides for the protection, care and rights of people living with HIV. Any health worker or other person who breaches medical confidentiality or unlawfully discloses information about somebody's HIV status commits an offence and faces a maximum fine of sh4.8m or imprisonment of up to 10 years or both.

On discrimination, the bill states that no qualified person can be denied employment, be transferred or sacked on the ground of his or her HIV status. However, this does not apply when the employer can prove that the worker is incapable of performing the work because of his or her health condition.

Similarly, under the bill, no students can be denied admission in schools, punished, expelled or discriminated against because of their status. In addition, the bill stipulates that HIV-positive people cannot be refused entry into Uganda or deported from the country.

They can also not be denied the right to seek an elective or other public office. When carrying out an HIV-test, the bill states, a health unit should in all cases provide pre-test and post-test counselling.

"A person may take a voluntary HIV test if he or she gives his or her informed consent. A person incapable of giving informed consent may be tested for HIV if his or her parent, guardian, next of kin, caretaker or agent gives informed consent."

The Bill also provides for state responsibility and sets terms and conditions for HIV/AIDS related biomedical research. Such trials should not endanger the health of the participants and should be done with their written consent.