HIV-Positive Director Denied Entry at Philippine Airport
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2011-03-14 15:13:40 |
Renowned theatre director and artist, Marcelino Cavestany, was turned away by the Bureau of Immigration (BI) as he tried to enter Ninoy Aquino International Airport, in Manilla, on Sunday March 6.
Mr. Cavestany, an Australian citizen, was denied entry following a blacklist order signed by the Immigration Commissioner in March last year. The order was signed by then Commissioner Marcelino Libanan. It said that in order to prevent the spread of HIV, patients who are HIV-positive are not allowed to enter the country.
Violation of Human Rights
The Commission on Human Rights (CHR) have said that the BI violated the human rights of the renowned director. In a statement issued yesterday, CHR chairperson Loretta Ann Rosales said:
“Based on news reports, he arrived around 9.30pm from Darwin, Australia and was immediately accosted by immigration agents who physically prevented him from exiting the terminal.”
Ms Rosales went further to say that the CHR is “gravely concerned” about the incident and that they are unsure whether 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,” she said.
Recommendations from CHR
In order to prevent further incidents, such as Mr Cavestany's, the CHR is urging the Department of Justice, who are primarily responsible for overseeing the BI, to instigate the following measures: to revoke Mr Libanan's exclusion order; to adopt clear guidelines on immigration exclusion; to issue a full and official apology to Mr Cavestany; and to investigate and penalise the persons responsible for Mr Cavestany's incident and other similar acts of discrimination.
HIV Patient Rights
Further in her statement, Ms Rosales said that “the Commission on Human Rights is dismayed and deeply alarmed at this incident.
“This is a clear case of discriminatory action against a person with HIV, and an infringement on his freedom of movement.”
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.
Ms Rosales went further to say 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.”
Ms Rosales also cited the Republic Act (RA) 8504, otherwise known as the Philippine AIDS Prevention and Control Act 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)
Mr Cavestany intended to travel to the Philippines to help educate their public on the effects of AIDS. By refusing entry to Mr Cavestany, Ms Rosales said that 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.”
A spokesperson from Ninoy Aquino International Airport was not available to comment on the incident.
By Elzanne van der Watt
[Image courtesy of Mithril Cloud]